30 SWAMPSCOTT ROAD - ZBA 30 Swampscott Rd. (I)
Rocky Mt. Rlty Tr. (Pet)
`\ Joseph Ragone (Owner)
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DECISION ON THE PETITION OF ROCKY MOUNTAIN REALTY TRUST (PETITIONER)
JOSEPH G. RAGONE (OWNER) FOR A VARIANCE AT 30 SWAMPSCOTT RD. , SALEM
A hearing on this petition was held March 27, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs: , Charnas, Gauthier, Luzinski
and Strout. 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 to allow the security building to be used
for residential use in this Industrial district.
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 in-
volve substantial hardship, financial or otherwise, to the petitioner; and
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 purposes of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing plans of the property, makes the following findings
of fact:
1 . No opposition
2. Will improve the area;
3. Petitioner will provide his own security, therefore requiring less
frequent patrols by the City Police;
4. Financing agency for the petitioner requires twenty-four (24)
hour security;
5. Parcel of land is isolated thereby requiring around the clock security.
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 and circumstances exist which affect the land
involved and which do not affect other lands, buildings or structures
in the same district;
It. DECISION ON THE PETITION OF 'ROCKY MOUNTAIN REALTY TRUST (PETITIONER)
JOSEPH G. RAGONE (OWNER) FOR A VARIANCE FOR 30 SWAMPSCOTT RD. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship 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.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
variance requested under the following terms and conditions:
1 . Plans be approved by the Planning Board;
2. Plans be approved by the conservation Commission;,
3. Residential unit shall be for the sole purpose of security for the
proposed plan on file and will cease if it is not used concurrent with
the plans on file.
4. A Certificate of Occupancy be obtained.
VARIANCE GRANTED
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James B. Hacker, Chairman '
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
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APPEAL FRCS? THIJ DECIS!C.J, A. i(, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
&E4:E.R.'L LAVi S, CH,.PP?R G:'S, AND SHALL BE FLED WITHIN 20 DAYS AFTER THE DATE OF FILING
CE THIS OECIS:G:d IN THE OFICE OF THE CITY CLERK.
F_'-''IANT TO h.SS3 4':ERA, I ".. CH1,PTER 803, SECTON 11, THE VAR!ARCE OR SP�CfAL PERMIT
HEREI!.. SHALL 17,, i ,..E EFFECT UNTIL A CCPY OF TH'. :C.iSl';'. B::,fi.: THE CERT-
6R...il�{V OF TH: CI-Y C!ER, "I 6;d 25 DAYS HIVE ELA i'c0 ,:;J No APPEAL HAS E`_c!! FILED,
i iHnT. IF S'itH '.'+ APPEAL U.S B:EN ;':LE THA IT H^< OEEN DIP`.ISSED CR -:-,:TIED IS
R1JR;EJ 11: TH_ C Cili ESSSA RE GTRY OF DEEOS AND INOEYED U60ER THE ilA.',:E OF THE OVli:EC
OF RfCORO OR IS R_t..,RDEO AND NOTED ON THE OWNERS CERTIFICATE OF TITLE.
BOARD OF APPEAL