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100-114 SWAMPSCOTT ROAD - BUILDING INSPECTION 100_114 -'SWAM' P'SCOTT ROAD . RICHARD W. GRIFFIN ARCHITECT 37 Turner Street,Salem,MA 01970 r . 978)740-979 Fax.(978)740-2352 Building Code Summary for 100 Swampscott Road ! t�D W March 18, 2009 P �^ NO. 7814 � 1. General Project Data I y _ Project Name: Go-Cart Raceway Building 100 Swampscott Road Salem, Massachusetts Zoning: Business Development Park District note: Special Permit granted by Salem Board of Appeals, and Order of Conditions approved by Salem Conservation Commission Code reference: 7`h Edition of 780 CMR Massachusetts State Building Code 2. General Building Data - Building Use Group Classification: S-2 (Low Hazard Storage) with Accessory Assembly(302.2.1) Construction Type: 5B—Wood Frame Construction on Concrete Slab Building Area: 1,625sf(13,500sf allowed per table 503) Building Height: 1 story 3. Building Description: Building is an un-heated seasonal structure that stores battery powered go- carts, provides a 15'x15' space for a work area, and a 5'x55' area for customers waiting in line to ride the go-carts. 4. Means of Egress Occupant Load per floor table 1004.1.2): Occupancy Occ. per sf Area Occ Remarks Storage 1 per 300 sf 1350 5 Electric Powered Go-Carts with Gel Low hazard S-2 per 311.3 based batteries- non-combustible Accessory Assembly 1 per 5 sf 275 55 For line of customers waiting to Per 302.2.1 (Standing Area boardgo-carts Totals 1,625 60 Number of Exits (section 1014.0) = 2 required and provided + 4 Overhead doors per plans Length of exit access travel (table 1015.1)= 200' required, 43' maximum provided 5. Finishes and Roofing Classifications Roofing fire classification (1505): Class C roof covering classification Interior Finish Requirements: Wall and ceiling finishes (Table 803.5): Class C— note: building is open space and not divided. Exit Access Corridors: NA 6. Handicap Accessibility 521 CMR • Entrances to building are part of an accessible route provided by a 5'(min) wide concrete sidewalk w/1:20 maximum slope. • Man Doors shall be out-swinging, have lever hardware with closers, HC Thresholds,l5# max. opening force; provide 5' deep x 5' wide flat landing (1:50 slope) w/18" clear on door strike side. • All of non-public accessed spaces need not be HC accessible as long as equivalent resources are available and accessible to Handicapped Employees 7. Energy Code— Per Section 1301.7.2 the building is an exempt building, because it is neither heated nor cooled, the owners have elected to insulate the building per the Prescriptive requirements per Chapter 13 of 780 CMR Climate Zone: 13A refer to table 1304.2.5 (Glazing area 0%-10%): Roof— R14 continuous rigid insulation, Walls — R-11, Slab - R5(perimeter and below grade wall)Windows-.7 U value max. 8. Plumbing Requirement— Handicapped Accessible toilets are available on accessible route within 150' of building. There is no plumbing coming to the building. 9. Fire Detection and Alarms (907.2.1): Horn-Strobe Fire Alarms, pull stations and Exit Signswith Emergency lights at Man Doors, and heat and smoke detectors per approval of Salem Fire Department Provide wall mounted type ABC Fire Extinguishers at 2 remote locations in proximity of man doors. Fire Suppression System: not required per area /use requirements of section 503. r� o CITY OF SALEM, MASSACHUSETTS a• BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 1000 AIN 2U P 3: 53 KIMBERLEY DRISCOLL MAYOR CITY C, E; June 24, 2008 Decision City of Salem Zoning Board of Appeals Petition of DANA DILISIO and DAVID DILISIO, Trustees of D & D Realty Trust, requesting a Special Permit to add a nonconforming use to allow for an electric go cart track at 110-114 SWAMPSCOTT ROAD [BPD]. A public hearing on the above Petition was opened on June 18, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on June 18, 2008 with the following Zoning Board members present: Elizabeth Debski(Vice Chair), Rebecca Curran,Richard Dionne, Annie Harris and Bonnie Belair(Alternate). Petitioner seeks a Special Permit pursuant to the following sections of the Salem Zoning Ordinance: Sec. 5-36)Extension of nonconformity. Statements of fact: 1. The petitioners, David DiLisio and Dana DiLisio, own 110-114 Swampscott Road, a property located in the Business Park Development [BPD] Zoning District. 2. The petitioner is represented by Attorney Brian LeClair who presented the petition. 3. The application,which is the subject of this decision evolved from the following: a. A Petition was submitted to the Board of Appeals on March 26, 2008 requesting a Special Permit to add a nonconforming use to allow for a go cart track at 110-114 Swampscott Road. The petition was accompanied by' eight(8)enclosures: 1. A plan referred to as the"Existing Site'entitled"Proposed Site Plan Swampscott Road, Salem, MA", dated June 2, 1998,prepared by Parsons and FAIR, Inc. 2. A plan entitled"Proposed Site Plan Swampscott Road, Salem, MA", dated October 22, 2007, prepared by Parsons and FAIR, Inc. P 2 3. September 7, 1999 Noise Control Engineering, Inc. Noise Assessment Study. 4. October 31, 1996 Board of Appeal Decision Granting Variance 5., June 28, 1998 Board of Appeal Decision Denying Special Permit 6. November 1, 1999 Board of Appeal Decision Denying Special Permit 7. 2007 Notice of Intent filed with the Conservation Commission 8. January 16, 1997 North Shore Tennis Parking Agreement b. The following additional materials where submitted on April 10, 2008: 1. March 27, 2008 Noise Study Update 2. March 24, 2008 Letter from Daniel Harrington 3. J&J Amusements taro Cart Information 4. Photos of trees which will be planted three feet on center along Robinson Road and the adjacent rear lot comer as a sound barrier. c. The original application was opened at the Board of Appeals on April 16, 2008 and continued to May 21, 2008. On May 21, 2008 the Board voted to grant the applicants request to allow for the application to be withdrawn without prejudice because of the inability to have a full board of five members eligible to vote. A new application was submitted on May 28,' 2008, which requested a Special Permit to add a nonconforming use to allow for an electric go cart track at 110-114 Swampscott Road. This application was opened at the Board of Appeals on June 18, 2008. d. It is important to note that all written materials, information, studies, and any and all other correspondence involved in these applications were accepted as part of the record for the application for which this decision is issued. 4. The petitioner is seeking a Special Permit to add the nonconforming use of an electric go cart track to the left side of the lot adjacent to Robinson Road. There would also be a small canopy and building where riders start and end their rides. The utility building is where the carts would be stored. 5. The currenf use of the property is a miniature golf course, which is a nonconforming use in the BPD District. 6. There are currently two handicapped, and thirty three(33)other parking spaces on the property. Additionally, the applicants have an agreement with the North Shore Tennis Club to share parking which provides twenty(26) additional spaces. 7. At the public hearing on April 16, 2008 the following residents spoke in opposition to the proposal: Jim Hacker(4 Mayflower Lane), Russ Austin(6 Captains Lane), David Jacobson(12 Brittania Circle), David Dextrom(96 Swampscott Road Unit 7),Alizabeth Mercy(73 Whalers Lane), and Ted Stolls(4 Britannia Circle). Many said they were concerned about the noise that would be generated by the go carts. 3 8. Letters of opposition were submitted by: Sandra Burke and David Cawthron, 55 Brittania Circle(April 10, 2008)and Alizabeth Marcy, 73 Whalers Lane(April 17, 2008). 9. Forty-three(43)petitions signed by(55)residents of the Mariner Village and Green Dolphin Condominium Trusts were submitted opposing three facilities along Swampscott Road: the proposed expansion of the Transfer Station(a project not before the Board of Appeals), the proposed rock crushing facility, and go-cart racing. The dates on the petitions range from May 1, 2008 to May 10, 2008. 10. A letter to the Board of Appeals from Attorney Brian LeClair dated May 14, 2008, states that the applicants have taken expressed noise concerns into consideration and seek instead to have only electric go carts operating at the proposed track. Enclosed was a statement from Marvin Foster of J&J Amusements that a sound study has not been done for J&J Electric Go Karts and that the sounds are comparable to that of an electric golf cart. 11. A letter of opposition was submitted by David Jacobson, 12 Brittania Circle(May 15, 2008). 12. A neighborhood meeting was held on May 17,2008,parties on the certified abutters list were invited by the applicant by mail 13. A letter of opposition was submitted by Frank Morrill, 2 Mayflower Lane(June 11, 2008). 14. At the public hearing on June 18, 2008, Ms. Yeung(86 Cavendish Circle) said she would not want there to be a PA or music. Dan Garberr(7 Queensberry Drive)said he is concerned about the cumulative noise affect of carts. Tony Lena of the North Shore Tennis Club spoke in support of the petitioner's request. 15. A the public hearing on June 18, 2008,the applicant submitted a petition signed by forty-one(41)residents in support of the special permit request to for electric co-karts. Several of these residents had previously signed petitions in opposition before the proposal was changed to electric. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted,makes the following findings: i 1. Electric go carts will be essentially noiseless and therefore will not be disruptive to the neighborhood, like the proposed gas go carts were anticipated to be by abutters. 2. Allowing the use would expand the amount of recreational activities for families and children in the area 4 3. The proposed additional nonconforming use is consistent with other nearby recreational uses and would not be substantially more detrimental than the existing nonconforming use to the mixed neighborhood. On the basis of the above findings of fact and all evidence presented at the public hearing including,but not limited to, the Plans,Documents and testimony, the Zoning Board of Appeals concludes: 1. A special permit for the addition of a nonconforming use is granted to allow for an electric go-cart track at 110-114 Swampscott Road. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five(5)in favor (Dionne,Belair, Curran, Hams, and Debski)and none(0)opposed, to grant petitioner's requests for variances subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statues, ordinances, codes, and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained, as well as regular P ' ections as � required by the Massachusetts Department to Public Safety. 6. Petitioner is to obtain approval from any City or State Board or Commission having jurisdiction including,but not limited to, the Planning Board. 7. Hours of operation shall be no earlier than 9:00 am and no later than 10:00 pm. 8. No public address("PA") system or music shall be allowed at anytime. 9. There shall be no more than eight(8) go carts running at any time. 10. This special permit decision is intended to allow for the operation of electric go carts only; go carts requiring gasoline are prohibited. 11. The duration of this special permit shall be limited to use by one or both applicants; the transfer of ownership to a non-applicant party would require a waiver of this condition from the Board of Appeals or a new special permit 5 application. Any amendments to the proposed site plan or expansion to the nonconforming uses on the property shall require review by the Board of Appeals. Elizabeth Debsld, Vice Chau Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 certificate of the City Clerk,has been filed with the Essex South Registry of Deeds. (flit ofttlem, � ttssttcljusetts 3 °Q �ottra of �upeal .SUN clT y ci ' DECISION ON THE PETITION OF D_&_D_-REALTY_ TRUST_REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT%00 114_SWAMPSCQTT .ROAD% (BPD). A hearing on this petition was held June 18, 1997 with the following Board Members were present: Gary Barrett Chairman. Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskagis . 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. At the request of the petitioners Attorney Joseph Correnti, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for a Variance to allow a drive-in snack bar and a Variance from parking for the property located at 100-114 Swampscott Road. Granted leave to withdraw without prejudice. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE June 18, 1997 Gary Barrett, Chairman 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 Tito of "'3ulem, massadlilutts i s `�Q �nttra of u}�ezil APR IS 1113 ki 'g8 CITY Cl f iiK'; Ci ilLE " DECISION ON THE PETITION OF D &_D_REALTY TRU_S_T_.REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT�100- 114 SWAMPSCOTT ROAD\(BPD) A hearing on this petition was held April 15 , 1998 with the following Board Members were present: Nina Cohen, Albert Hill , Richard Dionne and Paul Valaskagis . 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. At the request of the petitioner's Attorney, Joseph Correnti, the Salem Board of Appeal voted 4-0, to grant leave to withdraw this petition without prejudice for a Special Permit to convert a two family dwelling into a three family dwelling for the property located at 100-114 Swampscott Road. Granted leave to withdraw without prejudice. OR-..? TED LEAVE TO WITHDRAW WITHOUT PREJUDICE Aril 15, 1998 Nina Cohen Board of Appeal 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 .ithin 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. Titu of ttlem, 'Tassurfluse#ts M 3 ip - s 'Bourd ofzip�u�rett gj i 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 Hill 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 this 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: DECISION OF THE PETITION OF DANA 6 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. Z. 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 (S e ti Joseph Ywuc, 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 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 situ ofttlpm, Httssttcliusetts 3 putts of :�Preal AMENDED DECISION ON THE PETITION OF D & D REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 100- 114 SWAMPSCOTT ROAD (BPD) A hearing on this petition was held April 15, 1998 with the following Board Members were present: Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskagis. 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. At the request of the petitioner's Attorney, Joseph Correnti, the Salem Board of Appeal voted 4-0, to grant leave to withdraw this petition without prejudice for a Variance to allow mini-kart course for the property located at 100-114 Swampscott Road. Granted leave to ithdraw without prejudice. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE April 15 , 1998 c� /' s o 5 Nina Cohen Board of Appeal m 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 11 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 Qlity of "'5ttlem, ttssttcljuse##s ° Pnttra rrf �1ppen1 AL2 JJzA Cl.rRKIS 9:1:f'xf DECISION ON THE PETITION OF DANA DILISO-REQUESTING A ,SPECIAL PERMIT FOR THE PROPERTY LOCATED`AT° 100-114 SWAMPSCOTVROAD 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 6 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. im 18 I I os '98 6. John R. Keilty presented a memorandum, which summarized the neighborhood meeting held on June 30, 1998. CITY OF SALFM- MASS CLERK'S Of FICE 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 July 15, 1998 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 B)R AND'1 0$ ie$ THE CITY CLERK CITY OF SALFM. MASS Appeal from this decision, if any, shall be made pursuant to Section OFFICE 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 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 r °�. Ctv of ,Salem, �fflttssurljusPtts �Qnttr� of c��'enl o' m� 1 C:) rn� DECISION ON THE PETITION OF DANA DILISION, TRUSTEE OF D & D > REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 114 SWAMPSCOTT ROAD BPD A Baring on this petition was held on October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and Stephen Harris. 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 to allow additional recreational use and a Variance to allow parking for the property located at 114 Swampscott Road located in a BPD zone. 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 used, 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 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 the 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. 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. DECISION ON THE PETITION OF DANA DILISIO REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT114 SWAMPSCOTT ROAD BPD page two The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. The petitioner was represented by Attorney John R. Keilty of 50 Lowell Street Peabody, Ma 2. Michael Bahtiarian of Noise Control Engineering, made a presentation showing his findings on Swampscott Road. 3. Many abutters voiced opposition to the plans because of increased noise levels and hours of operation. 4. A petition was presented with names opposed to the petition from the residents of Mariner Village. 5. Letters in opposition from Mayor Usocivz and Councillor Harvey were read. On the basis of the above findings of fact, and on the evidence presented, 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 Zoning Ordinance would not involve substantial hardship to the petitioner. 3. 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. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Variance is denied. Variance & Special Permit Denied _ October 20, 1999 cs�cj Richard E. Dionne Board of Appeal i t DECISION OF THE PETITION OF DANA DILISIO EQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 114 SWAMPSCOTT ROAD BPD page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is 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 have been filed, that is 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. CITY OF SALEMO MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 T[LavHON a: 976-745-9595 FAX: 976-740-9646 June 8, 2006 D &D Realty Trust Dana DiLisio, Trustee 100 Swampscott Road Salem, Ma. . 01970 RE: Building Permit Dear Mr. DiLisio: This Department has received and investigated a complaint regarding the installation of a shed on your property. This Department has no record of a required shed permit. You are directed to contact this office upon receipt of this letter to secure the necessary permit. If you feel you are aggrieved by this letter, your appeal is to the Board of Builders, Regulations and Standards in Boston, Ma. Thank you in advance for your anticipated cooperation in this matter. Si7z�y, Thomas T. Pierre Building Commissioner Zoning Enforcement Officer cc: Jason Silva, Mayors Office Elizabeth Rennard, City Solicitor fllifv of "Salem, ttssizcljuseffs CD r- �, o �3 w n- o DECISION ON THE PETITION OF DANA DILISION, TRUSTEE OF D & D a - REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 114 SWAMPSCOTT ROAD BPD A hearing on this petition was held on October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and Stephen Harris. 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 to allow additional recreational use and a Variance to allow parking for the property located at 114 Swampscott Road located in a BPD zone. 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 used, 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 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 the 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. 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. ,s DECISION ON THE PETITION OF DANA DILISIO REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT114 SWAMPSCOTT ROAD BPD page two The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. The petitioner was represented by Attorney John R. Keilty of 50 Lowell Street Peabody, Ma 2. Michael Bahtiarian of Noise Control Engineering, made a presentation showing his findings on Swampscott Road. 3. Many abutters voiced opposition to the plans because of increased noise levels and hours of operation. 4. A petition was presented with names opposed to the petition from the residents of Mariner Village. 5. Letters in opposition from Mayor Usocivz and Councillor Harvey were read. On the basis of the above findings of fact, and on the evidence presented, 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 Zoning Ordinance would not involve . substantial hardship to the petitioner. 3. 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. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Variance is denied. Variance & Special Permit Denied October 20, 1999 Richard E. Dionne Board of Appeal DECISION OF THE PETITION OF DANA DILISIO EQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 114 SWAMPSCOTT ROAD BPD page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is 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 degision, bearing the certification oflhe City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal have been filed, that is 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. r �P TitLI of iftlem, massac4usetts Public Propertg i9epartment Nuilbing i9epartment (One $stem Qireen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 24 , 1997 Bolich & Welch 32 Church Street Salem, Mass . 01970 ATT : Attorney James L. Rogal RE: 100-114 Swampscott Road Dear Attorney Rogal : Let me first address the issue of the Miniature Golf located on 100-114 Swampscott Road as running a food and ice cream business . The sale of ice cream, candy, soda, pop corn and chips on the premises without advertising to the general public by means of exterior signs , is acceptable by this department as an accessory use . (A building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use . ) The reason an application was originally filed to the City of Salem Board of Appeals , was requesting a Variance for use of a drive-in snack bar . This in the view of the Zoning Officer would have required a Variance, and the owners were told to acquire a Variance by this department . , They withdrew this petition from the Board of Appeals and chose not to install the drive-in snack bar . After inspecting the premises, this office does not feel that a drive-in snack bar is being run at this location, but an accessory use of sales of minor beverages and snacks for the purchase by the users of the Miniature Golf Course . If this office can be of any further assistance in this matter , please do not hesitate to call . Sincerely, r�z J Leo E . Tremblay Zoning Enforcemen Officer LET: scm cc : Joseph Correnti Joanne Scott Councillor Donahue , Ward 3 BOLICK & WELCH ATTORNEYS AT LAW THIRTY-TWO CHURCH STREET SALEM, MASSACHUSETTS 01970 TELEPHONE(508)745-0500 FACSIMILE(508)745-6606 NEWBURYPORT OFFICE E. DOUGLAS 13OLICK 24 CENTER STREET CHRISTOPHER M.WELCH NEWBURYPORT,MASSACHUSETTS 01950 JOSEPH J.WELCH _ TELEPHONE(508)465-5022 JAMES L.ROGAL FACSIMILE(.508)465-3506 July 16, 1997 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED Building Inspector- City of Salem One Salem Green Salem, Massachusetts 01970 Re: 100-114 Swampscott Road, Salem, MA Owner: Dana Dilisio and David Dilisio, Trustees of D &D Realty Trust d/b/a Castle Creek Adventure Land Dear Sir: I represent Frederic Hutchinson of 15 Robinson Road, Salem, MA, an immediate abutter to the land owned by D &D Realty Trust C'D &D") at 100-114 Swampscott Road, Salem, MA. This letter is intended as a demand for enforcement of the Zoning By-Law in accordance with M.G.L. c. 40A, § 7. D &D Realty Trust is operating a miniature golf course and food establishment at this property contrary to the Zoning By-Law of the City of Salem. Specifically, D & D is selling ice cream, other food and tobacco products at the premises. A copy of D &D's Permit to Onerate A Food Establishment is attached hereto as Exhibit A. You may recall that D &D sought a variance to create an ice cream stand at the premises, as well as to except the premises from the minimum number of parking spaces required under the By-Law. A variance was necessary because the premises is located in the BPD District. A copy of D&D's Application for Variance is attached hereto as Exhibit B. On June 18, D& D withdrew its Application and leave was granted by the Board of Appeals. A copy of the Letter of Withdrawal and the Board's decision is attached hereto as Exhibit C. The operation of an ice cream stand at the premises although in and of itself is not affecting Mr. Hutchinson, it combined with the miniature golf course creates substantial noise and traffic congestion in the area. It is conceivable, and even likely, that persons go just for ice cream and not play golf, increasing the use of the premises beyond its originally intended capacity. Building Inspector- City of Salem July 16, 1997 Page 2 Because there are less than the required parking spaces, cars will be forced to park on Swampscott Road and Robinson Road. I look forward to hearing from you. Si cerely, am L. Rogal JLR/wp Enc. c: Joseph Correnti, Esq. Frederic Hutchinson EXHIBIT A n q�C1Mfli6 i CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 I JOANNE SCOTT, MPH, RS, CHO NUDE NORTH STREET HEALTH AGENT Tel:(508) 741-1800 j Fax:(508)740-9705 {i i i COMMONWEALTH OF MASSACHUSETTS { j PERMIT TO OPERATE A FOOD ESTABLISHMENT In accordance with regulations promulgated under authority of Chapter 94, Section 305A and Chapter III, Section 5 of the General Laws, to operate a Food Establishment in the City of Salem is hereby granted to : Owner' s Name : David & Dana Dilisio Name of Establishment : Castle Creek Adventure Land Address of Establishment : 100 Swampscott Road Type of Establishment : I Application Date : 07/02/97 Restrictions : Permit for Establishment 279-97 Frozen Desserts/Ice Cream 19- 97 Permit for the Sale of Tobacco Products These Permits Expire December 31, 1997 This permit.,is not transferable and must be reissued upon change of ownership or location. in accordance with the State Sanitary Code, all plans of renovations, improvements, equipment changes must be approved by the Health Department_ HEALTH AGENT EXIT B APPEAL CASE NO. . . . . .5�J.7. �tfU of tt1pm, 4"~~` tt�s�zrlpffs TO THE BOARD OF APPEAL: 1 The Undersigned represent that he/she is/are the owners of a certain parcel of land t located at:. . 100-114.S�aa�scatt .&Qad . . . .�txt Zoning District. . .$p0, , ,_ audxssfdxpaasni}c$sxa££sar�c��gg��,��� .. .. $katsxBn13d3agxSmflax x� "� K =�xxxxxxxnfxtkaxMasaachug etis Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. See Schedule A f� y � S S G7 0 J Uj-< _ vN n a C] Ca ?Y rc ~ h C7 CM .CC V O� The Application for Permit was denied by the Inspector of Buildings foai��theollowing Direct Appeal v 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-Lawa and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Direct Appeal David Dilisio and Dana Dilisio Owner. .Trt"C� P.f. D. L. D. Realm. Xrust. .. . Address. . . . O;? Alvin Road.` r�WamPSOPIX,,�tl,, c/o Serafini, Serafini and Darlinf Telephone. . . . ... .(5D8). 744,0212... , .., , , Petitioner D..&, ealIX Trust cfo Joseph Correnti Date. .:9Pr71. �!+e. X417. . Address. 63, ede-raX, SLTeei.. Salem, -UA. 01970 Telephone (508) 744-0212 By- • ��. C• v� . . . . . . . . . Three copies of the application must be filed wi a Secreta of the Board of A with a check, for advertising in the amount of ; 1,eS � Appeal meeting of the Board of Appeal, Check payable to the Salem. . ... four weeks prior to the Evening News. 1 SCHEDULE A The Petitioner is seeking a variance for the use of a newly constructed building located at 100-114 Swampscott Road ("Premises") . The proposed use is a drive-in snack bar with no interior seating. This use is intended to supplement the new miniature golf course, located on the same site, which will be opening this Spring. It is planned that an ice-cream stand will occupy approximately 360 square feet of the 600 square foot building which will also house the golf cashier area and two restrooms, as shown on the plans submitted herewith. Ice-cream patrons will walk up to a double window to place and receive their orders. No customers will enter the building, which is 20 feet by 30 feet in size. Rarely, if ever, will there be more than two employees working at any one time. The Petitioner also seeks a variance from the number of parking spaces required. It is expected that the vast majority of the snack bar patrons will be miniature golfers, thus reducing the overall number of spaces needed. Nevertheless, there is a cross-parking agreement with The North Shore Squash and Tennis Club, the immediate abutter to the property, to allow any overflow parking into its lot as necessary. This arrangement should more than meet any parking demand for the site. The Premises is located in a BPD district. The proposed use would be integrated nicely into the surrounding area and would not take away from the neighborhood while complementing the recreational businesses along Swampscott Road. Wherefore, the Petitioner respectfully requests that this Board grant a variance to allow a drive-in snack bar and a variance from the parking requirements of the ordinance. • a OVERALL - CLEAR (MINIMUM) B 1'-0- THICK CONCRETE PAD A2 TO SUPPORT TOWERS. TOP OF PAD k FLOOR TO BE SAME ELEVATION. CORNER TOWERS TO BE i---�- - - •-----t--- 3'-0IN DIAMETER A (1'-6" RADIUS). A2 A ®F.D. 3'-0" DOOR _ LAVATORIES (2) O KOHLER K-2027 GREENWICH WALL-MOUNT VITREOUS CHINA b �� A.D.A. LAVATORY. JAY F. SMITH H.P. I �� MODEL 700-27-M31 CONCEALED MEN m u r7o/-F ARM CARRIER. 1'-6" 1'-6 n� _ WATER CLOSET (2) /�i �V KOHLER K-4368 HIGHCLIFF LITE Sq / TOILET WITH K-4654-A SEAT. .=CECR�AA9 /fREA -1bo ' � SLOAN MODEL III ROYAL FLUSHOMETER WITH CAST WALL FLANGE W/SET SCREWS. m1 ZOFI o 18F+ E 6F� ) 00 SOAP DISPENSER. GRAB BARS. H.P WOME N PAPER TOWEL DISPENSER. TOILET.PAPER DISPENSER. 4 2 3'-0" DOOR I.D. 3'-0" DOOR o I ' N ' ' 1 N Al A2 TOWERS TO BE 2 % 4'S WOI)D STUDS FLOOR PLAN 12" O.C. WITH PLYNOO° SHF ITHING, 15 LB. BUILDING FELT AND BRICK MASTEF SCALE: 1 /4"=1 '-0'> FINISH (TYPICAL FOR ALL). DOORS 1 & 2 - 3'-0" X 6'-8" STEEL DOOR & FRAME WITH EXIT C SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR, TELEPHONE JOHN R. SERAFINI, JR. 506-7440212 JOHN E. DARLING 617-581 2743 ELLEN M. WIN KLER TELECO PIER JOSEPH C. CORRENTI 508-7<I-4683 June 18 , 1997 Gary M. Barrett, Chairperson Board of Appeals City of Salem One -Salem Green Salem, MA 01970 RE: Petition of D & D Realty Trust for a Variance for Use of a newly constructed building at 100-114 Swampscott Road Dear Mr. Barrett: The petitioner in the above matter, D & D Realty Trust, respectfully requests permission to withdraw without prejudice the above petition. Sincerely, D & D REALTY TRUST By its attorney JEt&CD �L �fr PI C. CORRENTI rney for Realty Trust JCC/ln Cfti of "�331em, � �ssttrltuseffs Boura of Aral JUH ClCri jI•t Ci 4 DECISION ON THE PETITION OF D & D REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 100-114 SWAMPSCOTT ROAD (BPD) A hearing on this petition was held June 18 , 1997 with the following Board Members were present: Gary Barrett Chairman., Nina Cohen, Albert Hill , Richard Dionne and Paul Valaskagis . 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. At the request of the petitioners Attorney Joseph Correnti, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for a Variance to allow a drive-in snack bar and a Variance from parking for the property located at 100-114 Swampscott Road. Granted leave to withdraw without prejudice. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE June 18, 1997 Gary Barrett, Chairman 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