100-114 SWAMPSCOTT ROAD - ZBA (3) ` 100-114 SWAMPSCOTT ROAD
DANA DILISIO, TRUSTEE
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1,egal_ Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
"Will hold a public hearing for all
111persons interested in the petition sub-
milled by DANA DDdSIO,TRUSTEE
requesting a Special Permit for an ice
_ream stand with hours not always in
concert with the golf facility and a
Variance from the required number
of parking spaces for the property
located at 100.114 SWAMPSCOTT
ROAD (BPD). Said hearing to be held
WEDNESDAY, NNE 17, 1998AT
i. -.6zo P.M.,ONE SALEM GREEN,.2nd
floor.
i Nina Cohen,Chairman
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(6/3,6/10/98)
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CITY O.i o:6dd".4?l. "Ass
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DECISION ON THE PETITION OF DANA DILISO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 100-114 SWAMPSCOTT ROAD BPD
A hearing on this petition was held July 15, 1998 with the following
Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul
Valaskagis, Michael Ward and Stephen Buczko. 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 was requesting a Special Permit for an ice cream stand
with hours not always the same with golf facility and a Variance from
the required number of parking spaces for the property located at
100-114 Swampscott Road.
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 Sections 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 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. Petitioner, Dana DiLiso, Trustee of D & D Realty Trust, was
represented at the hearing by John R. Keilty, Esquire, of
Peabody, Mass.
2. The petitioner's request had been continued from the June 17, 1998
hearing.
3. The lot is currently used as an outdoor miniature golf course, and
soft serve ice cream is sold in conjunction with this operation.
4 . Petitioner made a motion to remove the request for a variance from
parking space requirements as the lot is in compliance. Motion
was approved.
DECISION OF THE PETITION OF DANA DILISO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 100-114 SWAMPSCOTT ROAD BPD
page two
5. No construction is necessary.
' os Ah 098
6. John R. Keilty presented a memorandum, which summarized the
neighborhood meeting held on June 30, 1998. CITY OF SALEM. MASS
CLERK'S OFFICE
7. In the memorandum, the Petitioner represented that the hours of
the ice cream stand may not always be in concert with the hours of
the miniature.golf course. In addition, the proposed signs for
the property would be internally lit vinyl, which would be turned
off at 11:00 p.m.
8. Councillor Joan Lovely, who attended the June 30, 19998
neighborhood meeting, did not present any neighborhood opposition
and only requested that "load" music would not be permitted on the
premises.
9. There was no opposition to the petition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can 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.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions; _
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3 . A Certificate of Inspection shall be obtained.
4. Petitioner shall obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the
Conservation Commission.
Special Permit Granted � ff // /�
July 15, 1998 ����ct( CJvv (S
Michael Ward, Member
Board of Appeal
DECISION OF THE PETITION OF DANA DILISO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 100-114 SWAMPSCOTT ROAD BPD
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BAAND11 05 ah '00
THE CITY CLERK
CITY OF SALEM. MASS
Appeal from this decision, if any, shall be made pursuant to ection OFFICE
17 of MGL Chapter 4'0A 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 or 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
DATE OF HEARING /
PETITIONE I r
AP
LOCATION 1v� j /[�
T
MOTION: TO GRANT ECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANTNY AMEND WITHDRAW RE-HEAR CONTINUE
NINA V. COHEN-
MICHAEL WARD- 6
RONALD HARRISON
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS
PAUL VALASKATGIS , C
CONDITIONS:
DATE OF HEARING
PETITIONER
LOCATION _. 106-
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
NI117A V. COHEN
MICHAEL WARD
RONALD HARRISON
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS /
PAUL VALASKATGIS
CONDITIONS:
FROM : David and Helen Jacobson
12 Brittania Circle
Salem MA 01970
DATE: June 12, 1998
I am writing to you concerning the notice below. I cannot attend this meeting because I
will be out of the country. However, I vehemently object to this proposal. I also object to
the notification given to the neighbors (2 weeks). Although this may conform to the law it
certainly violates the spirit of the statements made by the developers counsel after the
attempt to introduce go-carts. Other than one meeting(see below) meant to discuss a sign,
no other meetings or discussion or notices have been relayed to the owners in our
complex.
It was our belief that any further development would be requested only after the developer
had discussions with abutters and after we were shown the plans of such development.
First, about 2 months ago, a meeting was held at the site. I could not attend since I teach
evenings, but I was told, both before and after that meeting, that the focus of the
discussion was about a sign that was to be prepared for that location. I only discovered
through this ad what the real intention was for the site. We were in fact blindsided by this
newest proposal.
Second, I object to the granting of any new license for these purposes or the enlargement
of the parking area for the following reasons:
Swampscott Road is a narrow winding unlit way. Since the golf course opened, I and
many others have seen young people walking, at night to a from the course. The continued
result of this activity will be tragic for many people if and when an accident occurs. Since
these walkers come form both ends of the road, no improvements on one end alone will
solve this problem. I do not believe that any further development along this road is
warranted until it is made safe for the current traffic both vehicle and pedestrian.
Additionally, the entryway into the site is on a curve which at night creates a hazardous
situation for cars turning into and exiting from that location. I do not know whether any
accidents have as yet occurred but can assure you that there have been many near misses
that I have observed.
Y .M
Finally, I look directly down on the sight. I bought my property for the quality of life I
would find. Yet last summer, the noise from the golf course alone was such that we could
not use the deck or leave our windows open, especially in the evening when it is busiest.
Any further development will only add to the problem. Adding an ice cream stand will
only exacerbate this situation.
I empathize with any property owner who cannot utilize their property, but no one should
be allowed to impinge upon the rights of others. The added noise will curtail our ability to
use our property to the fullest. We could accept that if the use was of such a purpose that
it was necessary for the well-being or health of the city and its people. But such is not the
case here.
This development is solely for making profit and I do not believe that I and my fellow
owners should have our lives impacted for a non-vital project such as this.
Unfortunately, that area is like a bowl with noise rising from the road and golf course.
This does not allow the sound to dissipate as it might in a more level area. I do not even
know whether the developer has ever conducted any actual noise reduction or impact
study. I would have thought that after the last attempt to place go-carts there that he
would have done so and contacted the owners most immediately affected which he has
not.
I cannot believe that anyone, including the members of this Board would want to curtail
their activities just so that ice cream could be sold in their neighborhood. I therefore
request that you do what I would if in your place and protect the quality that I and my
neighbors seek and are entitled to possess.
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Legal Notice
CITY OF SALEM
_ BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for sub- "
persons interested in the pe
tition.miffed by DANA DIUSIOO,�T�Ce
requesting a Special t
cream stand with hours not always in
concert with the golf facility and a
Variance from the required umber
of parking spaces for the property
.located at 100-114 SWAMPSCOTT
- ROAD (BPD). Said hearing to be held
WEDNESDAY, NNE 17, 1998 AT
'_6:30 P.M.,ONE SALEM GREEN,2nd
floor.
Nina Cohen,Chairman
(6/3,6/10/98)
APPEAL CASE NO. . . . . .. .. . .
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TO THE BOARD OF APPEALS :
The Undersigned represent that he is the owners of a certain parcel of land located at
100-114 Swampscott Road; Zoning District BPD and said
parcel is affected by Section(s) N/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.
Petitioner requests a variance to allow an 18 x 20 Ice Cream Parlor with two exterior windows in existing
premises without alteration to premises as to size and shape.
Thqus a Direct Appeal.
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The3- §ndersigned hereby petitions the Board of Appeals to vary the ter4m;Df�the Salem j
Zon' g Ordinance and/or the Building Code and order the Inspector cc>�Bu�fings to
ap a the application fee permit to build as filed, as the enforcements said Zoning
By- s and Building Code would involve practical difficulty or unnecessa3sb hi to
the ';., ndersigned', and relief may be granted without substantially derogating from the
intent and purpose of the Zoning Ordinance and Building Code for the following, reasons:
The premises is located in a BPD district at 100.114 Swampscott Road. The premises is currently used
as an outdoor recreation, namely, miniature golf.
The premises currently sells soft-serve ice cream as an accessory use. Th petition seeks to allow
utilization of the premises.as an ice cream stand with hours not always in concert with the golf facility
and with advertising and signage at the premises.
A second variance from the parking requirements of the Zoning Ordinance is sought. The premises is
expected to be principally patronized by miniature golfers without the expectation of increased non-
golfer clientele, however, the Building Inspector has interpreted the ordinance to require separate
parking for each use that is, in the aggregate.
Owner Dana DiLisio,Trustee of D&D Realty Trust
c/o John R Keiity,Esquire
SUBMITTED BY: Address 40 Lowell Street Peabody,MA 01%0
John R Keilty,Esquire
40 Lowell Street " Telephone c/o 531-7900
Peabody,MA 01960
(978)531-7900 Petitioner -Dana DiLisio,Trustee
c/o John R Keilty,Esquire
Address 40 Lowell Street.Peabody,MA 01%0
Date - Mav 22. 1998 Telephone c/o 5314900
BY
ohn R Keilty,Esq ire
The copies of the application must be filed with the Secretary of the Board of Appeals
with a check, for advertising in the amount of S 121. 26 four weeks prior to
the meeting of the Board of appeals. Check payable to the Salem Evening News.
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