488 HIGHLAND AVENUE - LION, CAMP - ZBA (2) 488 Highland Ave. BPD
Camp lion - owner
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CellularOne - petitioner / \
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DECISION ON THE PETITION OF CELLULAR ONE FOR A VARIANCE
AT 488 HIGHLAND AVENUE (BPD) Camp Lion Inc. (owner)
A hearing on this petition was held February 15, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Strout. Notice of the hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
The petition seeks a Variance to allow the construction of a 190 foot high
radio tower for celluar telephone service. The locus of the petiiton is in a
Business Park Development District (BPD) and is owned by Camp Lion, Inc.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . Petitioner, Cellular One, offered no proof of standing to present the
petition to the Board of Appeal.
2. A previous Variance granted to the locus prohibits any radio tower
on the property.
3. The Ward Councillor, Leonard O'Leary, spoke against granting the Variance,
expressing concerns for the safety of local residents, especially children
who might attempt to climb the unattended tower.
4. A tower of the height requested, 190 feet, would dominate the area, which is
mostly residential.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
2. The petitioner has no standing to present the petition to the Board.
DECISION ON THE PETITION OF CELLULAR ONE (PETITIONER) FOR A VARIANCE
AT 488 HIGHLAND AVE. , SALEM Camp Lion Inc. (owner)
page two
Therefore, the Zoning Board of Appeal voted one in favor (Mr. Luzinski) and
four in opposition to the granting of the requested variance. The petition,
having failed to gain four (4) affirmative votes is therefore denied.
VARIANCE DENIED
,',James M. Fleming, Esq—,
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE . .
GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE CF FIL�'..
OF TINS DECISION IY THE OFFICE OF THE CITY CLERK.
Pd RSAAI TO %1ASS. CESCRAL IAW3. CHAPTER 808, S 0;r,,"I 11. THE VARIANCE O" .Ppr l;d F
aRAfITED HEREIN. SHALL N^.1 L'.::C EFFECT UNTIL A COPY OF THEOEC!S'`?I. 6i:':ai 'i HF. ..
FIuATION OF THE CCY CLERK THAT 20 DAYS HAVE ELAP.;-D .;�-) N'J APP=AL HAS BEEN
R THAT. IF SUCH AN APPEAL H�.S OEZN PL_, THAT IT H:.3 �'ZN DIS,ASSED CR DENIED IS
RZC`RD2O IN THE SOJTH ESSEX REUISTRY CF 2GOS AND ;ADE%ED UNDER THE NAME .iF THC
OF RECORD OR IS RECORDED ANO NUTEU ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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HAYES ENG/NEER/NG, /NC. 603 SALEM STREET
C/V/L ENGINEERS & ► WAKEF/ELD, MASS. 01890 �J
LAND SURVEYORS TEL (617) 246-2800
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No.27145
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