207 HIGHLAND AVENUE - ZBA (4) FIRST STREET (207 HIGHLAND AVENQE)-
i D & L REALTY LLC
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Legal Notke
CFFY OF SALEM ?
BOARD OF APPEAL
1 745-9595 X381 d
Will hold a public hearing for all 4
persons interested in the petition sub-
miffed by D&L Realty LLC request- th
1 ing a Special Permit for use of
1 premises as a health club,including or
tennis courts and swimming pools to
1 with seasonal air supported covers, !
and Variances from parking,maxi- b
mum lot coverage,principal build- t
ing height, air supported cover L
+ heights, minimum side yard set-
back,and boundary wall height for P
property at First Street, (207 High-
land Avenue Rear)located in a B-2
zoning district.Said hearing to be held t
Wednesday,October 18,2000 at 6:30 c
P.M.,One Salem Green,2nd Floor.
Nina Cohen
Chairman
(10/4,11) i
Citp of baiem, fdaoatbuattg
� CITY OF SALEM. MA
• CLERK'S OFFICE
Juarb of �peai
1000 NOV 21 P 2-50
DECISION OF THE PETITION OF D & L REALTY LLC REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED 209 HIGHLAND AVENUE
B-2
A hearing on this petition was held November 15, 2000 with the following Board
Members present: Nina Cohen, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 requests a Special Permit for use of premises as a health club, including
tennis courts and swimming pools with seasonal air supported covers, and Variances
from parking, maximum lot coverage, principal building height, air supported cover
heights, minimum side yard setback and boundary wall height for the property at First
Street (207 Highland Avenue Rear)
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rules that 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 Variances 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
of the Ordinance.
1
;CITY OF SALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION REQUESTING A VARIANCE AND SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 209 HIGHLAND AVENUE B-2
page two IN NOV 21 P 2-- 51
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Petitioner, represented by George Atkins, Esq. seeks to build a health club facility
with clubhouse, tennis courts, swimming pools and parking lot on the property at 209
Highland Avenue.
2. Unusual features of the proposed facility are two temporary air-supported covers to
seasonally enclose the six tennis courts and two swimming pools. These covers
exceed the building height requirements of the ordinance.
3. The developers and their attorney met with neighbors and the City Councillor Joan
Lovely prior to this meeting to present their plans and drawings. They also
presented projected traffic figures for the facility, based on traffic studies at a similar
facility in another town. Developers will continue to obtain neighborhood input during
the Planning Board meetings as a part of the approval process, including
suggestions regarding interior lighting of the air supported covers, landscape planting
and parking lot lighting.
4. The variances needed are as follows: a parking variance allowing the facility to be
served by a lot containing 200 spaces, variance from lot coverage to allow the
structure to cover 36% of the lot, a side yard setback to 4 feet on the westerly
boundary, and variances from height requirement to allow the clubhouse building to
be 38 ft, the tennis court to be 40 ft., and the pool cover to be 36 ft.
5. There was no opposition to the proposed variance. Joan Lovely, City Councillor for
Ward 3, supported the proposed variances and special permit for use for the
proposed new facility.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning 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 provisions of the Ordinance would involve 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
CITY'OF'SALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF D & L ERALTLY LLC REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 209 HIGHLAND
AVENUE B-2
page three 2000 NOV 21 P 2- 51
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
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 submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Licensing Board.
8. Petitioner is to obtain proper street numbering from the Assessors Office and display
said numbers to be visible from the street.
9. Pursue amendment to the purchase and sale agreement.
10. Plan with plantings on City land submitted November 15 subject to the approval of
the Planning Board.
Special Permit& Variance Granted
November 15, 2000
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF D & L REALTY LLC REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 209 HIGHLAND
AVENUE B-2
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.
Board of Appeal
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