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100-114 SWAMPSCOTT ROAD - ZBA (2) 100-114 SWAMPSCOTT ROAD - -- D & D REALTY TRUST C l 1 1 4 i rZ egal Notice— CPPYOF SALEM"',: .:: BOARD OF APPEAL-"" , - 745-9595 Ext.-981- -Will hold a public hearing for'dll < persons interested in the petition sub•' mitted by D & D REALTY TRUSTr .requesting a Variance to allocr4 , drive-in snack bar and a Variance from parking for the property located. at 100.114 SWAMPSCOTT ROAb. (BPD). Said hearing to be held WEDNESDAY, MAY 21, 1997 AT 6:00 P.M., ONE SALEM GREEN,' .� �'. 2nd Floor.', s; 4 Gary Barrett,Chairman (5/7,5/14/97) SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 Gary M. Barrett, Chairperson Board of Appeals City of Salem One Salem Green Salem, MA 01970 \ / ` { .__/.'-' I I SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI.JR. S08-744-0212 JOHN E. DARLING 617-581-2743 ELLEN M. WINKLER TELECOPIER JOSEPH C. CORRENTI 508-7414683 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 � J&EP C. CORRENTI rney for D Realty Trust JCC/ln DATE C.- =ii•:G r) �j PETITIONER LOCATION XOTIGN: 70 GRANT /7 SECOND *:ENDYEN SECOND TO GENT" SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONT:YU-e SECOND ROLL CALL PRESET•;T GRANT DENY = :E::D WITHDRAW RE-HEAR CC GARY i.. BARRETT ALBERT C. HILL iOSEPH YWU NINA V. COHEN � RICHARD DIONNE .ASSOCIATE !,'7FBERS ;.RTHUR LEBRECCUE PAUL VALASKATGIS CONDITIONS: PETITIONER DATE OF HEARING � � trr LOCATION /o U MOTION: 70 /GRANT SECON6 A ENDIX.ENT SECOND 70 DENY SECOND I TO RE-HEAR SECOND I WITHDRAW SECOND I CONTINUE SECOND I ROLL CALL PRESENT GRANT , DENY AMEND WITHDRAW RE-HEAR CONTID. GARY M. BARRETT ALBERT C. HILL JOSEPH YWUC NINA V. COHEN RICHARD DIONNE ASSOCIATE "'EMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS CONDITIONS: (eLI ! APPEAL CASE NO. . -04 (rifutl of *Irm, 'fflttssadjusafs atrrb of '�kppPttI TO THE BOARD OF APPEAL: The Undersigned represent p sent that he/she is/are the owners of a certain parcel of land located at:. . 100-114.S�a�nscQtt.$Qad . ...� t f)j Zoning District.. .M..... . .. .... . . andxsatdxpaasH3x$sxa££Bazadxbyx xxxxxsfxthexNassaehusetts $sat0:xBu11d15gxggda7S 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 � � H Q US c oq W W C a:_j Q is VN 0 - K:CD ^p CM T� The Application for Permit was denied by the Inspector of Buildings foii;�he4 ollowing reason(s): v Direct Appeal 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-Laws 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.AruSte, of.D.h.D.Realty.Trust... . Address...ne Al:in. Roild,, a'iapInpSfD1 Z,.Mk� c/o Serafini , Serafini and Darlin£ Telephone........15D8). 7GGc0212.......... PetitionerD ,& �_Ijeal� T_r_ust c`o Jeseph Correnti Address. 63, Ae&.r.� . Street..Silem..M6.01970 Date. .Ap }�,24a. 1997. . . . . (508 744.4212 Tele2k'A� �. . By. . W��l. ( ! . . .. .... Three copies of the application must be filed wi Secretary of the Board of Appeal with a check, for advertising in the amount of ..... four weeksprior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. PETITION TO BOARD OF APPEALS I LOCATION f(? �i Cn 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G:-;v1 q Petitioner. . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . 'r CONDITIONS Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; PETITION APPROVED. . . . . . . . . . . . . ( ) DENIED. . ... . . . . . . . . . ( ) Date: . . . . . . . . . . . . . . . . . . . . 19. . . . . 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.