15 ROBINSON ROAD BPD - ZBA (2) D p
15 ROBINSON ROAD BPD
—�J
a
v
V 1
w nealthy tissue'
- f hese drugs often work by stop-'
ust
i —
Legal Notice `
nd CITY OF SALEM
h BOARD OF APPEAL
.s' Will hold a public hearing for all
est Persons interested in the petition sub-
�ol- miffed by AAA ENTERPRISES seeks 1
Ind an Administrative Appeal of the
est Building Inspector/Zoning Officers
determination that a Special Permit.
1 is required for the increase in use for I
1 the property located at 15 ROBINSON
'e- ROAD BPD. Said hearing will be held I
g, on WEDNESDAY,November 17,2004
'h. at 6:30 P.M.,120 Washington Street
3RD FLOOR,ROOM 313.
Nina Cohen
Id Chairman f
(11/4,10)
� 1
�r
CITY OF SALEM, MASSACHUSETTS
+ s CLi CML�i�.
BOARD OF APPEAL CLEMAhlf "
S
120 WASHINGTON STREET, 3RD FLOOR OFFICE
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 )QO�
MAYOR FAX: 978-740-9846 l NOV 29
DECISION ON THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15 ROBINSON
ROAD BPD
A hearing on this petition was held on November 17,2004 with the following Board
Members present: Nina Cohen Chairman, Richard Dionne, Bonnie Belair,, Edward
Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others
and notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal for the denial of a building permit for a
sign for the property located at 15 Robinson Road located in a BPD zone.
The Board of Appeal,after careful consideration of the evidence and after reviewing the
plans at the hearing, makes the following findings of fact:
1. Attorney James Rogal of 32 Church Street, Salem presented the petition an
asserted the following:
a. The Petitioner owns the land upon which the sign is located.
b. The existing sign has been it its present location for more than 20 years.
c. Attorney Rogal asserted that it is the City's responsibility to prove that the
sign is not on his clients land.
2. Nina Cohen, Chairman of the Zoning Board, inquired if there is any evidence of a
permit or approval by the City for the sign.
3. There was discussion about a 10 year stature of limitation on enforcement action.
4. Discussion about the sign having been removed for new wording and the pole
remained in place.
5. Discussion about the requirements of the State and the City and the Planning
Board approval and appeal to the Zoning Board.
6. Discussion about the sign having been there for 20 years.
7. Zoning Board Member, Edward Moriarty inquired if there was any evidence of an
original permit. Response from petitioner was there was none required.
8. Discussion about time frame of original sign and the permit process being in place
at the time.
9. Attorney Patrick Delulis representing an abutter presented the following:
a. The petitioner has not proven in court that he owns the land upon which
the sign is locate.
b. The petitioner does not own any frontage on Swampscott Road.
c. -The location of the sign on Parcel A is disputed,his clients believe it is on
their land.
1
DECISION OF THE PETITION OF AAA ENTRIpRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15
ROBINSON ROAD BPD
page two
10. City Councilor Joseph O'Keefe presented the following:
a. His support for the petitioner who has been supportive of the city in the
past having provided snowplowing in recent bad stones.
b. The legal issues are not for Zoning Board of Appeals consideration.
c. Sign has been there for 20 years.
11. City Councilor Jean Pelletier presented the following:
a. There is evidence that the City accepted State Chapter 90 funds for
Robinson Road and its infrastructure
b. City does not Plow-Robinson-Road.
C. Robinson Road is an accepted City street.
12. Chairman Nina Cohen stated that to her knowledge the street is not fully paved.
13. Councilor O'Keefe stated that the sign is needed because the business has no
visibility and the petitioner has helped the City in the past,
14.Attorney DeIulis stated that the sign is on his clients land and should be moved.
15.Abutter Dana DiLisio owner of the abutting Miniature Golf Course presented the
following:
a. He does not want the sign moved onto his property,
b. Sign should be on petitioner's property.
c. If Robinson Road is a public way the existing gate should be removed.
d. The court ill rule on the public way issue.
16.Daniel Hibbard of AAA Climbing presented the following:
a. He is in the process of purchasing the abutting property.
b. He would consider renting space for the sign on his property,
17.Zoning Board Member, Edward Moriarty stated the following:
a. The sign needs a permit,
b. There is no evidence of a permit.
c. The sign was never grandfathered because it was never issued a permit.
18. Councilor O'Keefe asserted that there are many city records that are in storage
disorganized and therefore the permit may exist,but cannot be found.
19. The petitioner asserted the following:
a. He has a deed from the estate of the prior owner,which he has not
recorded.
b. Robinson Road is not a public way; it was added to a list submitted to the
state in order to increase the total amount of public roadways for the
funding program.
c. Robinson Road was never accepted by the City as a public way.
d. Robinson Road has never been used as a public way.
e. He maintains and has exclusive access to Robinson Road.
DECISION OF THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15
ROBINSON ROAD BPD
page three
20. Attorney Patrick Delulis presented the following:
a. The sign is on his clients land.
b. The petitioner needs to prove ownership of the signs present location.
c. The existing land plans need to be updated and the location of the sign
plotted on accurate maps with engineering certification.
d. It is incumbent upon the petitioner to prove his ownership.
e. The burden of proof is on the petitioner,not the City.
L Ownership and access to Robinson Road is in dispute.
Therefore,base on the fact and on evidence presented,the Board make a motion to
uphold Building Commissioners' Thomas St. Pierre for the denial of the building
permit for a sign for the premises at 15 Robinson Road with a vote of 0 in favor and 5
to deny the Petitioners appeal.
ADMINISTRATIVE RULING
DENIED
November 17,2004
Nicholas Helides,Member
Board of Appeal
A COPYOF 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 unit a copy of the decision bearing the Certificate of the City Clerk
that 20 days have elapsed an 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.
XV 11
lb CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
STANLEY J. USOVICZ,JR.
MAYOR 120 WASI'IINGTON STR1:I T•SALEM,MASSACI]LISf_TTS 01970
LYNN GOOMN DUNCAN,A1CP TEL:978-745-9595 • FAX:978-740-0404
DIRECTOR
September 1, 2004
Law Offices of Christopher M. Welch
C/O James L. Rogal
32 Church Street
Salem, MA 01970
RE: Denial of Sign Permit Application & Illegal Sign on Swampscott Road
Dear Mr. Rogal,
I regret to inform you that this department has denied the sign application that you
submitted for review on August 30, 2004, to erect an off-premise sign at 120
Swampscott Road. In accordance with Sec. 3-56 of the Salem Sign Ordinance, off-
premise signs are not permitted.
Furthermore,the off-premise sign located on the property of 120 Swampscott Road
was never reviewed nor approved by this department and is an illegal sign. Please
remove the sign within 14 days upon receipt of this letter, or we will forward this
matter to the Building Inspector who will enforce the penalties and fines under Sec
3.36, Sec 3.29, Sec. 3.57 of the Salem Sign Ordinance and 780 CMR Sec 3102.4 of the
Building State Code.
Should you have-,any questions regarding this matter please contact -me directly at
(978) 745-9595 ext 311.
Sincerely,
Frank oina
Planner/Conservation Agent
Cc: Thomas St. Pierre,Building Commissioner
Cc: Fred Hutchison, A&H Auto.Exchange
Page 1 of 1
Dan Merhalski
From: Joan Lovely ooan.lovely@verizon.net]
Sent: Saturday, November 11, 2006 11:07 AM
To: reddusty@comcast.net
Cc: Jean Pelletier; Dan Merhalski
Subject: Re: earth processing activiites -Swampscott Road
M Christine,
Thank you for your email. This matter is being considered by the Zoning Board of Appeals at their
meeting this coming Wednesday, November 15th at 6:30PM. The city council does not vote on this so I
will forward your email to the clerk of the ZBA for their attention.
Thank you,
Joan Lovely
-----Original Message-----
From: reddusty@comcast.net
To: ]pelletier7@hotmail
Cc: ioan.lovely2®verizon.net
Sent: Saturday, November 11, 2006 8:45 AM
Subject: earth processing activiites-Swampscott Road
Hi - My name is Christine Rodriguez ,63 Brittania Circle Salem. I am writing to oppose the earth
processign activities that are proposed for Swampscott Road. I live in the townhouse complex along
Swampscott road. I understand this would substanitally increase the traffic along Swampscott Road.
With the businesses being added along Swampscott Rd already (i.e Commerce Park), there is quit
enough traffic already. Please take my concerns into consideration when voting on this. Thank you
for your time
Christine Rodriguez
63 Brittania Circle
Salem MA
11/13/2006
Page 1 of 1
Dan Merhalski
From: Jason Silva
Sent: Wednesday, November 15, 2006 7:31 PM
To: Dan Merhalski
Subject: FW: opposition to adult entertainment and earth processing activities
fyi
Best Regards,
Jason Silva
Chief Administrative Aide
Office of Mayor Kimberley Driscoll
93 Washington Street
Salem, MA 01970
(978) 745-9595 Ext. 5603
(978) 744-9327 Fax
jsilva@salem.com
-----Original Message-----
From: reddusty@comcast.net [mailto:reddusty@comcast.net]
Sent: Saturday, November 11, 2006 8:27 AM
To: Mayor
Subject: opposition to adult entertainment and earth processing activities
Hi Kim -my name is Christine Rodriguez of 63 Brittania Circle, Salem. I live in the townhouse complex along
Swampscott Road. I am writing to state that I am opposed to the proposed adult entertainment ordinance on
Swampscott Road. I also understand that there is a proposal for earth processing activities off of Swampscott
Road. The earth processing activities would increase the already heavy traffic on swampscott road. The adult
entertainment ordinance could decre ase the value of the homes in the area and bring rif-raf to the area. There is
enough businesses being added on Swampscott road, with Commerce Park etc.
The article in the Salem News dated October 24, 2006 re: the adult entertainment ordinance quoted the
Swampscott Selectman as saying I'm sure there would be a lot of residents that would like the idea and not admit
it". Let them put the ordinance in his backyard. I am clearly not one of the residents who feels this way.
Please take note of my opposition.
Thank you for your time
Christine Rodriguez
63 Brittania Circle
Salem, MA
�� 11/16/2006
Page 1 of 1
Dan Merhalski
From: Jason Silva
Sent: Wednesday, November 15, 2006 7:31 PM
To: Dan Merhalski
Subject: FW: Adult Entertainment Zoning proposal & Earth Processing Facility
fyi
Best Regards,
Jason Silva
Chief Administrative Aide
Office of Mayor Kimberley Driscoll
93 Washington Street
Salem, MA 01970
(978) 745-9595 Ext. 5603
(978) 744-9327 Fax
jsilva@salem.com
-----Original Message-----
From: Ingenue107@aol.com [mailto:Ingenue107@aol.com]
Sent: Saturday, November 11, 2006 11:03 AM
To: Mayor; Joan Lovely; richard@premierincentives.com
Subject: Adult Entertainment Zoning proposal & Earth Processing Facility
My wife Diane and I, Phillip Blaskovich, residents of 8 Admirals Lane in Salem, are vehemently opposed to
the proposal for the zoning of an Adult Entertainment Zone.
This zoning proposal, if granted, would be the death of the Mariner Village neighborhood.
A neighborhood that was created just over 10 years ago, a neighborhood that is comprised of working families
with children. The city of Salem must not grant this request for it would be a black eye to its reputation as a city
that is family friendly. One would be hard pressed to find just one instance in which the establishment of an
Adult Entertainment Zone enhanced the property value in a neighborhood and its reputation. The City of Salem
must deny this zoning proposal for the good of its citizens and the sanctity and security of its neighborhoods.
The City of Salem would also be putting the health and welfare of its citizens, residing in The Mariner
Village Complex, in jeopardy by granting a permit to allow "Earth Processing Activities". This permit would
subject the homes abutting Swampscott Road to exposure to
diesel fumes from the increased truck traffic, fumes that have been proven to contain carcinogenic substances.
The earth processing activities would also produce ultra fine particulates and the potential for"Silicosis" and
other pulmonary distresses would escalate
significantly, especially since the prevailing westerly winds would carry these irritating particles over the Mariner
Village and Green Dolphin neighborhoods. Salem certainly would not benefit by a rise in the number of its
citizens suffering airborne illnesses.
I would recommend a "NO" vote on both zoning permits and by denying both permits , the City of Salem
would be putting its citizens and its neighborhoods well-being ahead of special interests.
Sincerely,
Phillip & Diane Blaskovich
8 Admirals Lane
Salem,Ma. 01970
11/16/2006
MAY. b , /47/44.
C. B. Humphrey, Sdrveyor for Court �
L
69
i` l G01 n `�
53%/ 70• /b Ib
' \fig.•
87.5! Oril/!ro!e
Dry
Df
J '
n 9a
r�afe � .�` gza5 Thomas S. Robinson , ,
�37 X38 1 . U ►� �"�
0 9 KIN Iacv y. x
l if 97.5A
CL t
VVI/ ,
539.46
- a,nh C
`C
Ori// .. IA
? > Mar'�4aret J. Bryson.
N