98 & 100 SWAMPSCOTT ROAD - ZBA SWAMPS
- 98 & 1 DILISOCOTT BD. -!
DANA & DAVID ID DILISO BPD
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DECISION OF THE PETITION OF DANA & DAVID DILISO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 98-100 SWAMPSCOTT ROAD (BPD)
A hearing on this petition was held October 16, 1996 with the following
Board members present: Nina Cohen, Richard Dionne, Joseph Ywuc, Albert Hil
and Paul Valaskatgis. 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 Variance for a Change of Use to allow a miniature
golf course for the property located at 98-100 Swampscott Road (BPD) .
The Variance which has been requested may be granted upon a finding of thi:
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or 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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner was represented by Attorney Joseph Correnti of Serifini,
Serifini and Darling.
2. Mr. Fred Hutchinson express concerns of using Robinson Road as an
entrance into the golf course. Mr. Correniti assured Mr. Hutchinson
that Robinson Road would not be used as an entrance or exit.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, 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 Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
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DECISION OF THE PETITION OF DANA & DAVID DILISO REQUESTED A VARIANCE
FOR THE PROPERTY LOCATED AT 98-100 SWAMPSCOTT ROAD (BPD)
page two
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions, dated June
24, 1996 which are to be certified, submitted to 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. A Certificate of Inspection is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Petitioner is to obtain approval from any City Board or Commission
particularly with respect to the Conservation Commission.
Variance Granted
October 16,1996
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_ / Cl,,-uL (�cJoseph Yww�uc, Xember
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 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
WORTH SHORE TENNIS AND SQUASH CLUB
SWAMPSCOTT ROAD, SALEM, MASSACHUSETTS 01970
P. O. Box 667 — Telephone 745.5997
September 24, 1996
Gary M. Barrett, Chairman
Board of Appeal
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re : Petition of DiLisio at 98-100 Swampscott Road
Dear Mr. Chairman:
This letter is to confirm and acknowledge that North Shore
Tennis & Squash Club, Inc . ( "Tennis Club" ) is the owner of the
above-referenced property which is currently under agreement to
sell to the Petitioners, Dana and David Dilisio. The Tennis Club
consents to the filing of the Petition pending before you which
requests zoning relief to allow a miniature golf course use at the
premises .
we believe such a use would be complementary and beneficial to
the neighborhood and we, therefore, respectfully request that the
Board grant the Petitioner' s request .
Respectfully submitted,
NORTH SHORE TENNIS &
SQUASH CLUB, INC.
By its At orney,
JNS : sma Jeffrey N. Shribman
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