372 HIGHLAND AVENUE - BUILDING INSPECTION 372 Highland Ave. }
0370 HIGHLAND AVENUE 376 851-07
GIs#: 19 COMMONWEALTH OF MASSACHUSETTS
Map: 03
Block: CITY OF SALEM
Lot: 0063
Category: New Building
Permit# 851-07 BUILDING PERMIT
Project# JS-2007-001356_
Est. Cost: $330,000.00
Fee Charged: $3;635.00
Balance Due: . $.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor: License: Expires
Use Group: - Groom Construction CONSTRUCTIO SUPERVISOR -060887
Lot Size(sq'.ft.): 36984
Owner: PULEOREALTY 'fRUS
Zoning: B2 'f
Units Gained: Applicant: Groom Construction
Units Lost: AT. 0370 HIGHLAND AVENUE 376
Dig Safe#:
ISSUED ON: 18-Apr-2007 AMENDED ON. EXPIRES ON: 18-Oct-2007
TO PERFORM THE FOLLOWING WORK.
(PHASE 1) SITE WORK/FOUNDATION/7,200 S.F.BANK WITH THREE (3) DRIVE THRUS
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings: j
Rough: Rough: Rough: Foundatir(u/f)n�/{ r
Final: Final: Final: Rough FM1afnc:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
LWVater:
# Smoke: "
Treasury:
Alarm:: Sprinklers:
THIS PERMIT MAYBE REVOK1V BY THE CITY OF SALEM N' IOLAT OF � 1� TS
RULES AND REGUI ATPONS.
Signature: -
Fee Types Receipt No: Date Paid•, Check No: Amount:
BUILDING REC-2007 001666 iI8-Apr'07LP 13840 S31035.00
-- Call for Perm Rt to Occupy
745-9895 EA.385
GeoTM_ S®2007 Des Lauriers Municipal Solutions,Inc. / •,r. I t
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CITY OF SALEM
BUILDING PE[ITY.,.,�����
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APPROVED
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CITY OF SALEM
-' PLUMBING INSPECTION
DATE OF INSPECTION 1. 7
DATE OF ACTIVATION
Dennis Ross 3
Plumbing &Gas Inspectors
SERAFINI. SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI.JR. 606-744.0212
JOHN E. DARLING
ELLEN M.WINKLER 617.561.2783
TELECOPIER
JOSEPH C. CORRENTI September 1, 1994 306.741.4663
VIA HAND DELIVERY
Ms. Deborah E. Burkinshaw
City Clerk
City Hall
Salem, Massachusetts 01970
RE: Keane et al. v, Bencal et al.
Zoning Appeal at 372 Highland Avenue
Dear Ms. Burkinshaw:
Enclosed please find a Certificate of Judgment from the Salem
Superior Court dismissing with prejudice the above-referenced
zoning appeal. Please have your records reflect the dismissal of
this appeal and, pursuant to G.L. 40A §11, record the dismissal at
the Essex South Registry of Deeds. The dismissal should also be
indexed in the Grantor Index at the Registry under the name of the
owner of record, the Puleo Realty Trust.
It is the intention of the owner to now move forward with the
project proposed for this site while complying with the variances
granted by the Board of Appeal.
If you have any questions or if I can be any assistance to
you, please do not hesitate to call me.
hJo
erely,
d a1�
ph C. Correnti u
JCC: jaf
Enclosure
cc: Charles Puleo
Leo E. Tremblay
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . SUPERIOR COURT
93-1202 A
John P. Keane, JR AND Pamela Keane
VS .
Richard A. Bencal ET AL
CERTIFICATE OF JUDGMENT
In the above action, by complaint dated Mav 19 19 93
the following entry has been made upon the docket of said Court,
viz:
May 12, 1994 Pleading 11 5-- Stipulation of Dismissal with prejudice
and without costs. Assented to. Rec. 5/11/94
Attest:
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Clerk
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO(P_ETITIONERS) ,
CHARLES PULEO (OWNER) FOR VARIANCE AND SPECIAL PERMIT AT f372 HIGHLANDS
AVENUE E (B-2)�
A hearing on this petition was held April 21, 1993 with the following Board
Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish
Jr. , Stephen Touchette and Associate Member Arthur LaBrecque. 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.
Petitioner is requesting a Variance from front and rear setbacks, maximum
height & type fence allowed in the ECOD and a Special Permit to allow a
miniature golf course in this B-2 District.
Before hearing the merits of this petition, the Board of Appeal has to
consider whether or not there is a substantial and material change from a
previous petition which was denied by this Board on March 10, 1993.
The Board of Appeal, after hearing the evidence presented, and after
receiving Consent from the City of Salem Planning Board, voted unanimously,
that there was a substantial change, said change being, petitioners have
eliminated their request for commercial recreation and entertainment
housing six amusement devices, petitioners changed front yard depth from 10
feet to 15 feet, petitioners will reduce the size of the building from 2
1/2 stories to 1 1/2 stories. The Board of Appeal will hear the petition.
The Variance and Special Permit which has been requested may be granted
upon finding by the Board that:
1 . 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.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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.
4. The Special Permit request may be granted upon a finding by the Board
that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the city's inhabitants.
DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DELISIO (PETITIONERS) ,
CHARLES PULEO (OWNER) FOR VARIANCE & SPECIAL PERMIT AT 372 HIGHLAND AVE.
SALEM
page two
The Board of Appeal, after careful consideration of the evidence presented
at the hearing,and after viewing the plans, makes the following findings of
fact:
1. The petitioners eliminated their request for a Special Permit for a
place of commercial recreation & entertainment housing six (6) amusement
devices.
2. The petitioners proposed to construct a driveway, commencing at Ravenna
Ave. and running along the northerly edge of the property.
3. The petitioners have changed the front yard depth from 10 feet to 15
feet.
4. The petitioners will reduce the size of the building from 2 1/2 stories
to 1 1/2 stories.
5. The petitioners will include live plantings along the rear fenced lot
line and the front fenced lot line.
6. The lot will be fenced along the front and side lot lines.
7. There were some residents in favor of the golf course but not the
driveway.
8. There was support for both the golf course and the driveway.
9. The petitioners will install curbing from the entrance of Ravenna Ave.
up to Pyburn Ave.
10. There will be an agreement with Puleo's to allow access to their
restrooms.
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
and not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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. �_ a
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4. The granting of the Special Permit will promote the public head E$, L
safety, convenience and welfare of the city's inhabitants and mays `
granted in harmony with the neighborhood. Iy
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO (PETITIONERS) ,
CHARLES PULED (OWNER) FOR VARIANCE AND SPECIAL PERMIT AT 372 HIGHLAND AVE.
SALEM
page three
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance and Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances*
codes and regulations.
2. All construction shall be done as per the plans and dimensions
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3. All requirements of the Salem Fire Department relative to smoke and L-
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a Building Permit.
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5 . A four (4) foot high chain link fence is to be installed on three (3)
sides as shown on plans submitted.
6. Shrubs are to be planted along the fences on the three sides as shown
on plans submitted.
7. Light fixtures on the course are not to exceed six (6) feet in height
and the lighting fixtures in the parking lot are to be placed so they face
away from the abutting properties.
8. Hours of operation are to run from 9:00 a.m. to 10:00 p.m. , Mondays
through Sundays.
9. Curbing is to be installed along numbers 1, 3, & 5 Ravenna Ave. and
numbers 1 & 2 Pyburn Ave.
10. A barrier is to be placed at the end of the driveway exiting onto
Ravenna at the end of each business day.
11. The petitioners will take immediate steps to remedy any complaints.
12. No loudspeakers will be allowed.
13. Signs shall be posted stating that the bathrooms at Puleo's may be used
without purchasing any food.
Variance & Special Permit Granted
April 21, 1993
Stephen C. Touchette, Vice Chairman
Board of Appeal
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO (PETITIONERS) ,
CHARLES PULEO (OWNER) FOR VARIANCE & SPECIAL PERMIT AT 372 HIGHLAND AVE. ,
SALEM
page four
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 Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal 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 of the owner of record
or, is recorded and noted on the owner' s Certificate of Title.
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BOARD OF APPEAL
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO
(PETITIONERS)_ CHARLES PULEO (OWNER) FOR VARIANCES & SPECIAL PERMIT AT
72 HIGHLAND AV
3ENUE (B=
A hearing on this petition was held March 10, 1993 with the following
Board Members present: Richard Bencal, Chairman; George Ahmed,Francis
Grealish, Edward Luzinski and Stephen Touchette. 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 LOA.
Petitioner is requesting Variances and Special Permit to allow
construction of a miniature golf course and place of recreation and
entertainment housing six (6) amusement devices.
The Variance and Special Permit which have 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.
d. A Special Permit request may be granted upon a finding by the
Board that the grant of the Special Permit will promote the public
health, safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1. Councillor at Large George McCabe sent correspondence requesting
the petitioner have a neighborhood meeting. Councillor at Large Jane
Stirgwolt was present at the hearing also requested a neighborhood
meeting.
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO
(PETITIONERS) , CHARLES PULEO (OWNER) FOR A VARIANCE AND SPECIAL PERMIT
AT 372 HIGHLAND AVE. (B-2)
page two
2. Councillor O'Leary, Ward 4, submitted a petition signed by
neighbors who are in opposition, he also voiced his opposition.
3. The proposed construction would substantially alter the existing
character of the neighborhood and would be detrimental.
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 do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
Ordinance.
4. The proposed use would not be in harmony with the district and
would not promote the public health, safety or convenience of the
City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 2-3, against
the motion to grant the request for a miniature golf course, (Messrs. ,
Ahmed, Bencal & Grealish voted in opposition, Messrs. , Luzinski &
Touchette voted in favor, having failed to garner the required four
affirmative votes to pass, the motion is defeated and the petition to
allow miniature golf course is denied. The Board then voted
unanimously, 0-5 against the motion to grant the request the amusement
devices.
VARIANCE & SPECIAL PERMIT DENIED
March 10, 1993
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Francis X. Grealish, Jr.
"r n Secretary, Board of Appeal
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DECISION ON THE PETITION OF DAVID, MICHELLE & DANA DILISIO
(PETITIONER) , CHARLES PULEO (OWNER) FOR VARIANCE & SPECIAL PERMIT AT
372 HIGHLAND AVENUE, SALEM
page three
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 MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE
DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE
PASSED AND NO APPEAL 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 OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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DECISION ON THE PETITION OF CHARLES PULEO FOR A
VARIANCE AT 372 HIGHLAND AVE_. (B-2)
A hearing on this petition was held October 16, 1991 with the following Board
Members present: Richard Bencal, Chairman; Richard Febonio, Mary Jane Stirgwolt
and Associate Member Ronald Plante. 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.
Petitioner, owner of the property, is requesting a Variance from use to allow
batting cages, office booth, token machines and vending machines. The property
is located in a B-2 district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . Special conditions and circumstances exist which especially affect the land,
building or structure involve and which are not generally affecting other
lands, buildings and structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
3. 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition.
2. This would be recreational facility that would benefit people of all ages.
3. That this would enhance the business climate in the City.
4. That this would be in harmony with the area.
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 in general.
2. Literal enforcement of the Ordinance would involve substantial hardship to
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.
DECISION ON THE PETITION OF CHARLES PULEO FOR A VARIANCE
AT 372 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances, codes
and regulations.
2. That all construction be done as per the plans and dimensions submitted with
the exception that the office structure shall be no larger than 10' x 15'
in size.
3. That a legal building permit be obtained.
4. That the facility be open no longer than 11 :00 p.m.
5. That the petitioner obtain approval of any and all State and City Boards,
Commissions and Departments that may have jurisdiction.
Variance Granted
October 16, 1991
0
R chard T. Febonio, Member, 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the data of filing of this decision in the office of the C,ty Clerk.
Pursuant to PAaes. Gene-:'. La NS, Chl . r L:C3• Section 11, the Variance
or 'qe c's' Fermit ^r ole'' herein 1: !t take 6fect mtil a copy of the
decision, '::.:ring the ccrtificat» i - City Clc:k that 120 d.iys have
el.psoi end no spreal has he^_r, h,rd, or tf:at, if such appeal hos been
filed, that it bas he^n dismin:^<' or comes is reco-*d?d in the South Essex
Registry of Deeds and indexed under tF.e name or the owner of record or
is recciiied and noted an the owner's Certificate of Title.
BOARD OF APPEAL
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