433-445 HIGHLAND AVENUE - ZBA 433-445 Highland Ave. B-2
Extra. Space Associates
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.�, CCcc An 17 3 111 '89
Ctu of �Rntrrb of huteul s.
DECISION ON THE PETITION OF EXTRA SPACE ASSOCIATES FOR A VARIANCE AT
433-445 HIGHLAND AVENUE (B-2)
A hearing on this petition was held on August 9, 1989 with the following
Board Members present. Richard Bencal, Vice Chairman, John Nutting,
Secretary, Messrs. Richard Febonio, Edward Luzinski and Peter Dore.
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 Petitioner is requesting a variance to permit residential use within
the existing storage facility.
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 and structures in the same district;
b. literal enforcement of the provisions of the zoning ordinance would
involve substantial hardship, financial or otherwixe, 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 consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. No opposition was present.
2. Attorney John Serafini represented the petitioner.
On the basis of the above findings of fact, and on the evidence presented
at the hearing the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can 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.
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DECISION ON THE PETITION OF EXTRA SPACE ASSOCIATES FOR A VARIANCE AT
433-445 HIGHLAND AVENUE (B-2)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the relief requested, subject to the following conditions:
1. All requirements of the Salem Fire Department relative to smoke
and fire safety be adhered to.
2. Occupancy permit be obtained.
3. All conditions of past allowance dating 12/2/87 be adhered to.
VARIANCE GRANTED
Richard T. Febonio, Board Member
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 wtohse tion 17 n 20 days of
mass. General Laws, Chapter scs, and shall be file
the f� -t Clerk.
after the date of filing of this decision in the office of the City
ection 11, the Variance
Pursuant to Mass. General Laws. nh l n;r ROB, S of the
or Special Permit granted he:ern :b:::i n:%t take effect until a copy
Cacision, bearing the caruucotion ci the City Clerk that 20 days have
r.apseci and no ap;eil has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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PROPOSED 2ND FLOOR PLAN EXISTING 1ST FLOOR PLAN
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PROPOSED MANAGERS
LIVING QUARTERS
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DAM 6/8/89 REV.#
SILVA ENGINEERING , ASSOCIATES
BROCKTON MA. 02402
SALEM, MA. �� NUlfBER
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