372 HIGHLAND AVENUE - ZBA .J: -
372 Highland Ave. B-2
Charles Puleo
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DATE OF HEARING /D 9/
PETITIONER
LOCATION
MOTION: TO GRANT SECOND l //
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT/ DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
JOSRH-�BftREI�-
RICHARD` FEBONIO
E IlTSn
OMARY JANE STIRGWOLT
ASSOCIATE MEMBERS /
RONALD PLANTS
A
CONDITIONS:
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . .. . . .
Ctg of ,Sttlent, f ttssadjusEtts
,.. �Rvarb of LA}pettl
S�
Gp@(L
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . . . . . . . . 3?.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. B.Z . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . .?42.A . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
FOUR STATION BATTING CAGE S
OFFICE BOOTH ONE TOREN MACHINE
v�
TWO VENDING MACHINE
r<
m c�
w T
'll P
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
B2 ZONE
VARIANCE FROM USE TO ALLOW FOUR 1
FOUR STATION BATTING CAGES, OFFICE
BOOTH, ONE TOREN MACHINE, TWO VENDING
MACHINE.
THERE WILL BE PARKING FOR AT LEAST 30 CARS
Owner. . .CHARLES PULEO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
N — 376 HIGHLAND AVE.
—� h Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. . .744-6455. . . . . . . . . . . . . . . . . . . . . . .
CL w wa
c c\a :.w
c� N Petitioner. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . .
ro Address. . . . . . . . . . . . . . . . . . . . . . . . . . .
D,g e. . . . .TX/10!T1 . . . . . . . . .
v� jTe:1one. . . . . . . . . . . . . . . . .
. . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION 10 BOARD OF APPEALS
LOCATION
................................................................
PETIT IONER..........................................
ADDRESS...............................................
................................ ...............
CONDITIONS
.......................... ....................................
........................ .......................................
................................................................
.................................................................
.............................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED.........................
.............................................1 19.........
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Charles Puleo
for Variance from use to allow batting cages,olTice
booth, token machine, vending machines at 372
Highland Ave. (B-2). Said hearing to be held
Wednesday, October 16, 1991 at 7:00 P.M., One
Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
r y
4 X 9.5 38.0 SPECM3
FLAT CHARGE INCHES
MHD/SWAMP DIRECT--
33948 10/04/91 C037
R. BABCOCK
s •
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Charles Puleo
for Variance from use to allow batting cages,office
booth, token machine, vending machines at 372
Highland Ave. (B-2). Said hearing to be held
Wednesday, October 16, 1991 at 7:00 P.M., One
Salem Green, 2nd Iloor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
)N WINSLOWS AUTO B
,AME G UNI5OOY473
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TER 10/08/91
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Charles Puleo
for Variance from use to allow batting cages,office
booth, token machine, vending machines at 372
Highland Ave. (B-2). Said hearing to be held
Wednesday, October 16, 1991 at 7:00 P.M., One
Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
.Q.
5��
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ao�
CITY OF SALEM
BOARD OF APPEAL
745-9595 Est. 391
Will hold a public hearing for all persons inter-
ested in the petition submitted by Charles Puleo
for Variance from use to allow batting cages,office
booth, token machine, vending machines at 372
Highland Ave. (13-2). Said hearing to be held
Wednesday, October 16, 1991 at 7:00 P.M., One
Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
i
I i L i 1 1 1 i 1 i 1 i i 1
i 1 1 1 1 i 1 1 ♦ ♦ 1 1 1 ♦ ♦
_ CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Charles Palen
for Variance from use to allow batting cages,office
booth, token machine, vending machines at 372
Highland Ave. (13-2). Said hearing to be held
Wednesday, October 16, 1991 at 7:00 P.M., One
Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
-.T�:e-tea-+
• i ♦ i Y Y • ♦ Y Y ♦ Y • i Y
• • ♦ ♦ Y • 1 1 1 ♦ i 1 1 1
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
aC
(litg of '15ttlem, 'fflttssadjuse##s
P Poarb of '�Fpettl
s�
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . . . . . . 3?.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .B2. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . ?42A . . , , • _ • „
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
FOUR STATION BATTING CAGES
OFFICE BOOTH ONE TOREN MACHINE
TWO VENDING MACHINE
n cn
r K
rn U z
"3
U
m'p
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
B2 ZONE
VARIANCE FROM USE TO ALLOW FOUR
STATION BATTING CAGES , OFFICE
BOOTH, ONE TOREN MACHINE, TRW
VENDING MACHINE.
THERE WILL BE PARKING FOR AT LEAST 30 CARS
cn Owner. . . CHARLES PULED
Q � c
a_ a oT Address. . .a74. HIGHLAND. ASE. . . . . . . . . . . . . . .
� Uj.v
a " '
-p 744 6455
w a Tele hone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
U_ N o�
C) �U_
�o Petitioner.•.
c
Address. . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . , .. .
Date. . . . . .°/. 1.01.91. . . . . . . . T phone
C . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
r
NO-.................................. �
PETITION TO BOARD OF APPEALS
LOCATION
PETITIONER..........................................
ADDRESS...............................................
CONDITIONS
............................ ....................................
........................ ...................I...................
................................................................
.................................................................
.................................................................
.................................................................
`
PETITION APPROVED.................... ❑
DENIED.........................
...................................................1 19.........
1 �
Ctv II 2I�CItt� � c�SS�It�1Li5E f5
•��u Aire Department �teahyuartcrs
puma
48 Pfgctte litreet
Joseph F. Sullivan '*&m, cffla. 01970
Chief
City of Salem Date: October 16, 1991
Board of Appeal
One Salem Green RE: 372 Highland Avenue
Charl Pc Ptileo
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: the use of batting cages, office booth, token machine and
vending machines.
subject to the following conditions:
1- This property (arva*A®) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
smoke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon completion of the work.
S' d A"__1
P.. LaPointe
Fire Inspector
CC:
file
applicant
.ra�k,,� C�i#V ofttlem, � �sttrhu5etf
s
c Pre Pe}tartmtuf 3feailyuarters
48 ?CttfgCtte *treet
' Joseph F. Sullivan 4alem, Ott. 01970
Chief
City of Salem Date: October 16, 1991
Board of Appeal
One Salem Green RE: _ 372 Highland Avenue
C"harlPa nileo
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: the use of batting cages, office booth, token machine and
vending machines.
subject to the following conditions:
1- This property (kaa*ae) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
smoke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed calstruction shall conform to all applicable provisions of the Massa-
chusetts Stats Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon conpletion of the work.
Sign d,
AY4��
lNo'rman P.. LaPointe
Fire Inspector
CC:
file
applicant
J 'u4
b T . Ctu of �SUIVm, ttsstxcljuse##s
%., Poarb of Appeal
November 4, 1991
Notice is hereby give that as of October 30, 1991 the
decision of the Board of Appeal has been filed in the
office of the City Clerk to grant the petition of
Charles Puleo for a Variance to allow batting cages at
372 Highland Ave. (B-2)
BOARD OF APPEAL
Brenda M. Sumrall , Clerk
Appeal from this decision,If any,shall be made'pursuant:tIt 5eaBdd V
the Mass. General Laws,Chapter 808,and shall.be filed wlthln 20 days
Ch:nter 808, Section 11,the Variance
aster the date of filing of this decision in the office of the City clerk,of the
- tPke effect until a copy
Pursuant to Mass. General Laws, Clerk that 20 days have
Fermis granted herein she:'. n,,:ity eal has been
dec.isio,, bearing the certifcatlon' tour that, If such aPP
elapsed and no aPPeal has b'---n T' '
filed,that it has been dismissed or denied is recorded in the South sd o
Registry of Deeds and indthe owner's Ce t f caterofhTitle.ner of record or
is recorded and noted on BOARD OF AppEAL'
;= a (gity of �ttlem, fflttsstttlluscite
3S 3 �4 ill °,Cil
Bowra of AFPCJCi
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
�l h
Richard 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 decicion in the office of the City Clerk.
Pur^uant to PAass. Genco. La N%, Ch. .- Ef3, S^_ction 11, the Variance
or +"pe:'a' Frrmit ' horeln .!'. t.:ke effect nbl a copy of the
decision, :::•.ring the carificet:) ; = City C'^:k that 20 divs have
elapseJ cn:1 no aprcal has hoer h:_•d, or that, if sur..h appeal has been
filed, that it has beon dismica,C or denied is record?d in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is reccjrded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
n O
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of �Z11Pm, fttssnrljuscite
:ref Board of AU}zenlT J ii J1
DECISION ON THE PETITION OF CHARLES PULED 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.
r
DECISION ON THE PETITION OF CHARLES POLEO 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
Richard 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 s2chon 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this deciclun in the office of the City Clcrk.
Pursuant to CA-ins. Gene-:'. L,vs, C;,. " ff 1, S'cticn 11, [hc Variance
or 'pe.'a' Formit ll Jrczll . '. t:..ke cifcct ::aIhl a copy of the
decision, :;:•wring the car;ificz:n : -.• - City C'a:k that 20 deys have
elapsed an:] no iproal has hear i...•J, or C:at, it such appeal has been
filed, that it has been dismi-.rd nr deme; is record?d in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is reccmed and notea en the owner's Certificate of Title.
BOARD OF APPEAL
C� O
ca
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CZ
3
LA
Chi# ofttlem, � 5ttrhu5e##�
�A
�r4'�c ire Pepartmerd �ieabquarters
48 ` , fqette *rret
Sairm, 4fln. 01970
Joseph F. Sullivan
Chief
City of Salem Date: ` October 16, 1991
Board of Appeal
One Salem Green RE: 372 Highland Avenue
Charlaa pulep
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: the use of batting cages, office booth, token machine, and
vending machines.
subject to the following conditions:
1- This property (kava**e) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
stroke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
ctuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon conpletion of the work.
-Soigne ^Z
N � P. LaPointe
Fire Inspector
cc:
file
applicant
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-----------
STEVE GRIEVES & TODD SRETCHLEY
20 LYNN ST. PEABODY, MASS.
J,_
BOaRD OF ASSESSORS
CITY HALL. PAGEo
.... ........
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1-1 -J E V ABUTTERS,
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SUBJECT PROPERTY: NAP. 03 L-01'. 0063 SUFF.
PROPERTY ADDRESS: 0370 HIGHLAND AVENUE 376 7
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'TRS �00
12
10 MAP LOT SUFF PRE ot to,Eo MA 14 ING ADDRESS is
11 4
03 0063 0370 HIGHLAND AVENUE 376 PULEO REALTY TRUST Z FREEMAN ROAD i.9
1216
73 RI �---B-Z-
17
PULEO-REALTY TRUST 3 FREEMAN ROAD
03 CJ057 0002 RAVENNN A.VENUE ,4
0 14 CF A -RS I •
RL ES E r AL. I SALEM 11A 01970
§6 09SI
00 SAVONA k bf Di A r, AA 20
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