100-114 SWAMPSCOTT ROAD - ZBA 6�r it
-- - 100-114 SWAMPSCOTT ROAD
- - D & D REALTY TRUST
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DECISION ON THE PETITION OF D & D REALTY TRUST REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 100- 114 SWAMPSCOTT ROAD (BPD)
4 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 106-114 Swampscott Road. Granted leave to withdraw without
prejudice.
CRA?.TIED LEAVE TO WITHDRAW WITHOUT PREJUDICE
April 15, 1998
A/ 01C
Nina Cohen
Board of Appeal
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK.
ppeal 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
:t 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.
- APPEAL CASE NO. . . . . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:.;100 114 Swampscott Road # Zoning District .............;
Plans describing the work proposed have been submitted to the Inspector=of BMddings
in accordance with Section IX A.1 of the Zoning Ordinance. ; +,,
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DIRECT APPEAL, s
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TM Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
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:
SEE SCHEDULE A ATTACHED.
D&D Realty Trust
Owner............ .. .....................
Address.100.114.Mtu&scott ZQad...:.....
Telephone...............................
D&D Realty Trust
Petitioner.q/.4.,TRB?,Rh Z•. alt%•r•FF,. .
Serafini, Serafini and Darlingq
Address....63.Fedaral.St.,.Sa]am,.NA 11L9.70
Date. March 5✓.1998... .... Telephone.. 78) 744-0212_
. . . /
By........� �. •(....... .....
Jose C CorrentiI Esq.
Three copies of the application must be filed with th ecretary of the Board of Appeal
with a check, for advertising in the amount of $.1�1 ...... four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
SCHEDULE A
The Petitioner is the owner of the parcel of property
located at 98-100 Swampscott Road, Salem, Massachusetts.
Presently, the property is partially developed with a highly
successful Miniature Golf Course while the remaining portion of
the lot is vacant land located on the corner of Robinson and
Swampscott Roads. In continuing the theme of the Castle Creek
Adventure Land, the Petitioner proposes to locate a state-of-the-
art Mini-Kart Course on the remainder of the Premises.
The Premises is located in a BPD district, and recreation
facilities are not permitted as of right. However, there are
other recreational use facilities in the immediate vicinity,
including the North Shore Tennis and Squash Club, Golds Gym and
Fitness facility, a golf driving range and the miniature golf
course directly abutting the proposed site. Previously, this
Board has granted a use variance to this Petitioner for the
miniature golf recreation facility. A similar variance is
necessary for this Petition.
The proposed Mini-Kart Course will be laid out as shown on
the attached plan and a storage garage for the Karts,
approximately 20 X 30 feet, will also be needed. All ticket
sales for the Karts will be at the existing building at the front
entrance. Patrons will then walk to the Mini-Kart Course over
the proposed walk extension as shown on the plan.
There will be two (2) supervising operators at the course
and all Karts will be monitored by a remote control system which
allows the supervisor to shut down any Kart by remote control at
any time. The Karts themselves are the newest on the market,
designed to allow both a parent and child to ride together.
Castle Creek Adventure Land is a family-operated, seasonal
business which is open generally during the months of April
through October. The proposed use is a continuation of the
family-oriented theme established by the miniature golf course.
Wherefore, the Petitioner respectfully requests that this
Board grant the required relief necessary to allow the use of the
property as proposed.
DATE OF HEARING
PETITIONER\
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRAN DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
JOSEPH YWUC
NINA V. COHEN P.
,SIC ' RD DLONNE
ASSOCIATE MEiIBERS
ARTHUR LEBREGQTTF
PAUL VALASKATGIS
CONDITIONS :