373 HIGHLAND AVENUE - ZBA D D
373 HIGHLAND AVENUE BPD
JOHN BRENNAN
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DEC ZO 1135 W96
CITY OrSALFM. HASS
Cl FRK'S OFFICE
DECISION ON THE PETITION OF JOHN BRENNAN FOR A VARIANCES AND SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 373 HIGHLAND AVENUE (BPD)
A hearing on this petition was held November 13, 1996 and continued to
December 11, 1996 with the following Board Members present: Gary Barrett,
Chairman, Richard Dionne, Paul Valaskagis, Nina Cohen and Albert Hill.
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 Special Permit per Article V, 5-3 of the Salem
Zoning Ordinance to allow a driving range & a Variance to allow a driving
range on B.P.D.portion of the property located BPD district for the
property located at 373 Highland Avenue.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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 Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or 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 rule 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.
,F
DECISION OF THE PETITION OF JOHN BRENNAN FOR A SPECIAL PERMIT
AND VARIANCE FOR THE PROPERTY LOCATED AT 373 HIGHLAND AVENUE, SALEM
page two
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 would like to open driving range on this property.
2. Petitioner was represented by Attorney Roy Geleneau.
3. Speaking in favor of the petition was: Kathleen Ingemi, 381 Highland
Ave. ; Mr. Spilleni of Peabody, ; Marymargret Moore of 14 Heritage Dr. ,
and a letter from Robert Lees of Highland Gardens was read in favor.
4. Speaking in opposition to the petition: Dominic Ingemi, of 1 Cedar Rd.
Mr. Richard Williams, 3 Thomas Circle; Mrs. Roberta Williams, 3 Thomas
Circle; Josephine Hardy, 10 Barnes Road.
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 Ordinance would not
involve substantial hardship on the petitioner.
3. The relief requested cannot 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 granting of the Special Permit requested will not be in
harmony with the neighborhood and will promote the public health,
safety, convenience and welfare of the city's inhabitants.
5. The Special Permit 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.
Therefore, the Zoning Board of Appeal voted two (2) in favor(Barrett &
Valaskagis) three (3) in opposed (Hill, Cohen and Dionne) the granting of
the Special Permit\Variance requested. Having failed to garner the four
affirmative votes required to pass, the motion to grant fails and the
petition for a Special Permit\Variance is denied.
DECISION ON THE PETITION OF JOHN BRENNAN A VARIANCE AND SPECIAL PERMIT FOR
THE PROPERTY AT 373 HIGHLAND AVENUE, SALEM (BPD)
page three
Variance and Special Permit Denied
December 11, 1996
Richard Dionne, 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
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 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
To: Board of Appeals, Salem, MA
From: Dominic Ingemi, Sole Owner - Lot #57
Presented by Richard A. Williams, son-in-law
Re: Variance Petition submitted by John Brennan, 373
Highland Avenue
Date: December 11, 1996
Dear Board of Appeal Members,
My name is Richard A. Williams. I am Dominic Ingemi's
son-in-law. Dominic has asked me to present this letter to you.
Dominic Ingemi's land abuts 373 Highland Avenue (L,ot #581, the
lot in question this evening. I have come before you to help
Dominic voice his opinion once again as to why this variance
should not be permitted and to voice his strong opposition to this
Variance/Special Permit application.
The site walk on Saturday, December 7, 1996, did give Dominic a
better chance to speak of his concerns regarding this matter, but did
not add the following specific information on his major concerns:
1. The proper shaping and stabilization of the slope
differential between Lot #58 (proposed parking area) and
his lot line.
2. The lighting system to be installed for this proposal
(ie. transformer and luminary noise, as well as luminary
flare).
3. The condition of his rear lot line being lower than the
existing grade of Lot #56, causing gravity flow of surface
water back onto his land.
4. The fact that the topography of Lot 058 (Parking Lot)
pitches toward his side and rear lot lines.
Dominic respectfully requests that if this Variance/Special Permit is
granted, that it contain the following conditions of approval:
1. That B.P.D. Setback Requirements are adhered to.
2. That specific plans to construct and stabilize the existing
slope between Dominic's side lot line abutting Lot 458, be
submitted and approved by Dominic or his professional
engineer before any other construction takes place.
L
3. That specific construction plans pertaining to Pitch-back
away from the slope between Dominic and Lot #158 (Parking)
Lot) be submitted,and approved by Dominic or his
professional engineer.
Dominic and I concur that some additional conditions also need to
be specifically indicated on a Site Specific Plan, which are:
1. Infrastructure
2. Detail on traffic access and egress from parking area
3. Detail on fencing and light and sound barriers
In conclusion, Dominic's point of view has not changed -- he still
prays that the Board of Appeal will deny this request and protect
him and others from this land use change at 373 Highland Avenue.
Thank you for your time and consideration.
Respectfully yours,
Dominic Ingemi
1 Cedar Road, Salem, MA
December 11, 1996
Dear Board of Appeal Members,
On the site visit last Saturday, I asked Mr. Brennan if he had a
lease on this property. He respectfully told me that he did not.
It seems to me that Mr. Brennan can not substantiate existing
hardships in connection with this land because he does not have a
current vested interest in the property.
Substantial hardship is supposed to be one of the criterion for an
Appeal Variance or Special.Permit. Because there is no current
lease on this property, this petition does not seem to meet the terms
of Zoning Ordinance Article 9-5, (1), a., b., c., p. 55. The fact that
the plan, presented at the site visit last Saturday, did little to answer
specific questions pertaining to this project, adds weight to my
contentions. I personally believe that the Planning Board should be
included in the design approval on this project.
Please keep in mind, as you reach your decision on this matter, that
the only one who can demonstrate substantial hardship and stress
concerning this matter is my Father-in-Law, Dominic Ingemi.
Imagine how each of you would feel if it were your loved one who
might have to bear the negative results of this commercial endeavor.
Thank you all for your attention.
Respectfully Yours,
Richard A: Williams
I RECEIVED 12/09 14:20 1996 AT S9074SG909 PAGE 2 (PRINTED PAGE 2) 1
12/08/1996 23:37 1-508-744-3999 K B REAL ESTATE INC PAGE 02
TO: SALEM BOARD OF APPEALS
FRC61: Mit. ROBERT LEES, HIGHLAND GARDFNS, 355 HIGHLAND AVENUE, SALIM) MA
DATE: NOVFMSER 20, 1996
SILSJECT: PROPOSED HIGHLAND AVENUE GOLF RANGE
I AM THE OWNER OF HIGHIA W GARDENS AND HAVE A LANG TERM LEASE ON LOTS 46, 47,
AND 48. MY LOTS .47 AND 48 ABUT LATS 56 AND 55 OF THE PROPOSED GOLF RANGE.
PLEASE BE ADVISIo THAT CONTRARY TO WHAT MRS. RICHARD WILLIPMS SAID AT TELE LAST
MEETING, I A'4 VF;RY WCE1 IN FAVOR OF THE PROPOSED PIAN AS THAT BUSINESS WILL
CERTAINLY EM4AN�.E MINE AS WELL AS BFAUTITY THE AREA.
SINCERELY,
ROBERT LEES
HIGHLAND GARDENS
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October 10, 1996
Salem Board of Appeals
Attn: Sally Murtagh
Dear Sally Murtagh:
We, the undersigned agree to lease our land to Mr. John Brennan to be used
as a driving range.
Sincerely,
John M. Ingemi, Trustee
1
Ste� n n
Ingemi
36 Margin Street
Salem, MA 01970
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RESPONSE:
Signature:
APPEAL CASE NO. . . . . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned represent that' he/she is/are the owners of a certain parcel of land
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located at: 3 h 1tyfS?•,, ,,,,Street; Zoning District..i P?_' ) . ... .......;
and said parcel is affected byfSectiou(s).. ... ................ . of the Massachusetts
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Plans describing the work proposed have been submitted to the Inspector of Buildings
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The Application for Permit was denied by the Inspector of Buildings for the+fdktowing
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The Undersigned hereby petitions the Board of Appeal 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 derogating
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Requesting a Special Permit per
Article V, 5-3 of the Salem Zoning to allow a driving range at 373 Highland Ave. Requesting
a Variance/Special Permit to allow driving range on B.P.D. portion of property.
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NO. . . . . . . . . . . . . . . . . . .
PETITION TO BOARD OF APPEALS
LOCATION
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PETITION APPROVED. . . . . . . . . . . . . ( )
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Date: . . . . . . . . . . . . . . . . . . 19. . . . .
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To: Board ot Appeals; Naiem, MA
From: Dominic Ingemi, Sole Owner - Lot 957
Presented by Richard A. Williams, son-in-law
Re: Variance Petition submitted by John Brennan, 373
Highland Avenue
Date: April 19, 1995
+Modem- ber
Dear Board of Appeal Members,
My name is Richard A. Williams. I am Dominic Ingemi's
son-in-law. Dominic has asked me to present this letter to you.
Dominic Ingemi's land abuts 373 Highland Avenue (Lot 958), the
lot in question this evening. I have come before you to help
Dominic voice his opinion as to why this variance should not be
permitted.
Dominic's Lot 957 abuts Lot #58 on the approximate
southerly side.(167.43 feet), on the easterly side he borders Lot #56
[(6 Cedar Road - 138.75 feet)], on the northerly side he borders
Cedar Road (150 feet), and on the westerly side Highland Avenue
(117.59 feet). This information will become more relevant as this
letter continues.
Dominic believes that this Use Variance would run counter to
the intent and purpose of the City of Salem Planning Board, as it
pertains to the Master Plan of this Entrance Overlay Corridor
Zoning Ordinance, the long-range planning of land usage in this
City, and the value of his home and environment. Domi
spent 60 years of his life on this property. He is now 84 ars old,
in his golden years, and really does not desire his privacy and peace
encroached upon by a parking lot and adjoining Golf Driving
Range.
It seems to Dominic that 373 Highland Avenue's existing curb
cut is inadequate to meet State and Local standards as it is shown
on this plot plan, further believing that this plan as presented, offers
an extremely hazardous exit and entrance to Route 107- Highland
Avenue. The heavy and fast traffic is already cause for concern on
most of its existing curb cuts and intersections. That leads Dominic
to believe that the proper entrance/exit would have to be Cedar
Road. Cedar Road, at the present time, is approximately 20 feet
wide in most places, and partially paved. The hot-top starts at the
curb cut of Highland Avenue, and runs approximately 150 feet in an
easterly direction. The road from this point on, turns to a dirt road.
The entire road does not meet City standards, with the exception of
the curb cut at Highland Avenue.
The topography of Dominic's Lot #57 is quite different in
elevation from that of 373 Highland Avenue (Lot 458), where the
two lots share the common lot line. A reasonable estimate would
be a differential in elevation of approximately 10-15 feet. The toe of
the existing slope on Lot #58 will most likely encroach upon
Dominic's land. It seems to Dominic that this steep slope condition
would have to be corrected before anything is developed on Lot 458.
Normally a 2:1 slope would need to be constructed, stabilized, and
properly landscaped with attending drainage and barriers; this to
insure that Lot #57 will not be encroached upon anv tune in the
future. Dominic believes that the corrections needed could only be
accomplished with proper plans and requirements specified by a
professional engineer.
I
The matter of Cedar Road also needs to be looked at. The
plan as presented seems to disregard the Cedar Road right of wav
throughout the entire plot plan. The most blatant problem is the
construction of Tee Offs across the entire right of way. The plan
also does not contain graphics for a proper turn around for
emergency vehicles. The road is, as stated before, narrow. On the
north side of the road is Highland Gardens, a commercial
landscaping operation, that already impacts Cedar Road. At times
this makes Cedar Road inaccessible to neighborhood traffic.
The plan lacks information to show where utilities will access
and serve 373 Highland Avenue. Dominic respectfully asks if the
necessary curb cut approvals have been received from the State of
Massachusetts. Thelan also shows no information regarding
P g g
landscape barriers between abutting lots.
The plan completely disregards Lot #57 in this presentation.
Dominic believes that he, and others who reside at a two-family t
dwelling on Cedar Road (Lot 947), should have input into this
proposed use of land prior to any approvals granted by the City of
Salem. Moreover, it seems to Dominic that the proposed use of 373
Highland Avenue, and other B.P.D. Lots on Cedar Road, should be
presented to the Planning Board and Building Inspector for their
review. The plan, as presented, does not cover basic concepts
needed to provide necessary information to make a rational decision
on this Land Use Variance. Allowing this proposal to be excused
from the Zoning Ordinances/Building Codes of this City, would do
a great disservice to Dominic, the City of Salem's Master Plan for
Land Use in this B.P.D./Entrance Corridor Overlay, and the
residents living on and using land on Cedar Road.
Dominic respectfully suggests that the reasons for this
Variance Appeal, specifically "practical difficulty or
unnecessary hardship" on the part of the petitioner, be deferred to
himself and other residents using this area for their living standards.
In conclusion, Dominic voices his strong opposition to the
granting of this variance, praying that the City of Salem Board of
Appeals will deny this request and protect him and others from this
ill-conceived proposition for Use Change at 373 Highland Avenue.
Thank you for your time and consideration.
Respectfully yours,
Dominic Ingemi
1 Cedar Road
Salem, MA 01970
December 11, 1996
My name is Roberta Williams. I live at 3 Thomas Circle,
Salem.
According to the minutes from the Board of Appeals
meeting on November 13, 1996, Marymargret Moore spoke
in favor of having a golf driving range in the City of Salem.
I would like to inform the Board and Ms. Moore that a well-
established driving range does exist on Swampscott Road, in
Salem, approximately 1. 1 miles from 373 Highland Avenue.
The name of the business is Dilisio Brothers Driving Range.
It has been in operation at this location for the past 25 years.
I feel that my father, Dominic ingemi, having been a resident
of Cedar Road for the past 61 years, deserves to be
protected from this Use Change Appeal and that 373
Highland Avenue should remain B.P.D. zoned.
Thank you for your attention.
December 11, 1996
Dear Board of Appeal Members,
On the site visit last Saturday, I asked Mr. Brennan if he had a.
lease on this property. He respectfully told me that he did not.
It seems to me that Mr. Brennan can not substantiate existing
hardships in connection with this land because he does not have a
current vested interest in the property.
Substantial hardship is supposed to be one of the criterion for an
Appeal Variance or Special Permit. Because there is no current
lease on this property, this petition does not seem to meet the terms
of Zoning Ordinance Article 9-5, (1), a., b., c., p. 55. The fact that
the plan, presented at the site visit last Saturday, did little to answer
specific questions pertaining to this project, adds weight to my
contentions. I personally believe that the Planning Board should be
included in the design approval on this project.
Please keep in mind, as you reach your decision on this matter, that
the only one who can demonstrate substantial hardship and stress
concerning this matter is my Father-in-Law, Dominic Ingerm.
Imagine how each of you would feel if it were your loved one who
might have to bear the negative results of this commercial endeavor.
Thank you all for your attention.
Respectfully Yours,
Richard A.' Williams
6 6
2 BOARD OF ASSESSORS 2
s. CITY HALL PAGE : 'a
SALEM, MA 01970
6 DATE : 10/11/96
s CERTIFIED ABUTTERS LIST s
SUBJECT PROPERTY : MAP: 07 LOT: 0058 SUFF: � +1
PROPERTY ADDRESS: 0373 HIGHLAND AVENUE ',2
o ASSESSED OWNER CEDAR ROAD TRUST 12
• „ INGEMI STEPHEN C ET ALI TRS a
I6
12 is
16 MAP LOT SUFF - PROPERTYADDRESS - -- ASSESSED OWNER MAILING ADDRESS
s i
07 0058 0373 HIGHLAND AVENUE CEDAR ROAD TRUST 36 MARGIN ST o
,6 INGEMI STEPHEN C ET ALI TRS SALEM MA 01970 21
. „ 07 0018 0004 BARNES ROAD DOMENICA INGEMI REALTY TRUST 36 MARGIN STREET
16 INGEMI PETER/FENTON JODIE A TRS SALEM MA 01970 a,
s" 07 0019 0010 BARNES ROAD HARDY JOSEPHINE M 10 BARNES ROAD 6
. o SALEM MA 01970
2 : 07 0020 0012 BARNES ROAD HARDY PAUL H 10 BARNES ROAD m
22 JOSEPHINE M SALEM MA 01970 za '
07 0021 0016 BARNES ROAD JOHN M INGEMI REALTY TRUST 381 HIGHLAND AVENUE 31
• INGEMI JOHN M/INGEMI LETTERIA T TRS SALEM MA 01970 s
25
_...= 07 0052 -...... . ..0016 CEDAR ROAD J L REALTY TRUST. .... _.._... 381 HIGHLAND AVE
• za' INGEMI JOHN M/INGEMI STEPHEN S TRS SALEM MA 01970
07 005_3 0014 CEDAR ROAD J L REALTY TRUST 381 HIGHLAND AVENUE "ss
a INGEMI JOHN M/INGEMI STEPHEN S TRS SALEM MA 01970
2
07 0054 0012 CEDAR ROAD J L REALTY TRUST 381 HIGHLAND AVE ;
so INGEMI JOHN M/INGEMI STEPHEN S TRS SALEM MA 01970 w
s. 070055 0010 CEDAR ROAD CEDAR ROAD TRUST 36 MARGIN STREET 41
2 INGEMI STEPHEN C ET ALI TRS SALEM MA 01970
07 0056 0006 CEDAR ROAD CEDAR ROAD TRUST 36 MARGIN STREET
INGEMI STEPHEN C ET ALI TRS SALEM MA 01970 s
s 07 0057 0002 CEDAR ROAD INGEMI DOMENIC 1 CEDAR ROAD ;;
ss SALEM MA 01970 a
s,` .. 07 : 0059 -0379 HIGHLAND AVENUE JOHN M INGEMI REALTY TRUST 381 HIGHLAND AVENUE
2 ' INGEMI JOHN/INGEMI LETTERIA TRS SALEM MA 01970
ss 07 0060 - 0014 BARNES ROAD BARNES ROAD TRUST THE 383 HIGHLAND AVENUE • ''sz
s INGEMI JOHN M ET ALI TRS SALEM MA 01970 s
. m 03 0063 0370 HIGHLAND AVENUE 376 PULED REALTY TRUST 3 FREEMAN ROAD
PULEO CHARLES ET AL TRS SALEM MA 01970 sa
�. 03 0064 0378 HIGHLAND AVENUE 380 PULED REALTY TRUST 3 FREEMAN ROAD « . 6'
• PULEO CHARLES ET AL TRS SALEM MA 01970
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03 0066 0383 HIGHLAND AVENUE BARNES ROAD TRUST THE 383 HIGHLAND AVENUE
�. INGEMI JOHN M ET ALI TRS SALEM MA 01970 s'
03 0067 0387 HIGHLAND AVENUE HIGHLAND AVE TRUST 387 HIGHLAND AVE
a JENNIE M FEMINO TR SALEM MA 01970
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