29 CIRCLE HILL ROAD - R-1 - BUILDING JACKET 29 Circle Hill Road R-1
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` '91 MAR 13 P 3 :0
DECISION ON THE_P_ETI-T-ION_OFRET-ROS_&—HRISOULA GOUVOUSIS FOR
VARIANCES AT,�9,CIRCLE HILL ROAD (R 1:) CITY CLERKS OFFICE
SALE '
A hearing on this petition was held February 27 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Mary Jane Stirgwolt
and Associate Member Arthur LaBrecque. 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.
Petitioners, owners of the property, are requesting a variance from side yard
setback requirements to allow a deck and stairs. The property is located in
an R-1 district.
The Variance which has been requested may be granted upon a finding by the Board
that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner, financial or otherwise;
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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The stairway provides a third exit and the only upstairs exit to
the outside.
2. The stairway adds to the safety of the inhabitants of the dwelling.
3. The deck adds to the convenience and welfare of the inhabitants.
4. No support or opposition was presented to the plan.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioners.
i
DECISION ON THE PETITION OF PETROS & HRISOULA GOUVOUSIS FOR
VARIANCE AT 29 CIRCLE HILL ROAD, SALEM
page two
3. Desirable relief can be granted without substantial detriment to the public
good and without nullifying or subs tantiall'91del`I*+3 n�p3M5 the intent of the
district or the purpose of the Ordinance. Y rTEpv
PITY �F
1 . Petitioner obtain a legal building permit PI ' "FdpI'C&lem.
$ f: � y
2. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
VARIANCE GRANTED
February 27, 1991
RIchard A. Bencal, Chair
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
�,o:eel from this decision, if any, shall be made pursuant to Section 17 of
^,hs. General Laws, Clin iter 808, and shall be filed wither 20 r'
the d.t:e of filinn, of Sods decicicn in the of cc cf the City
Pr c:1:cr•f to Gia:.. Cones! Ln x,;. Cit+oter 003, Cztion 11. the V2.i. Ice
C.,l P-rm,t F;r;:n:e,1 J%rem c'c:'i cot t!ke e'fect nnril n rrpy
;n, f r.-,rinq the coruncalion of :he City Clark IhM 20 div; i':'r.
s;J and no appeal has been til_•d, or that, if such appeal hn: I:.c.^.
' r:, tivt it I:as been dismiscau or denied is recorded in tit, S��r'i •,
kc�;istry of C:,ds and indexed under the name or the owner or
is reoorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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fl�ity of _,�jttlem, �fflttSSrztliuSPtts
,. Jaa 2d ,PFI '91
$�uttra of c�upeal 3 C.3
FILE'„`
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DECISION ON THE PETITIONOF SILVANO AND KIM DINICOLA FOR
VARIANCES FOR 29 CIRCLE_ HILL ROAD y(-R-1 )
A hearing on this petition was held January 16, 1991 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 Law Chapter 40A.
Petitioners, through their Attorney Joseph M. Sano, requested leave to with-
draw their petition for Variances to allow deck and stairs. A motion to
allow withdrawal having been made and duly seconded, the Board of Appeal voted
unanimously in favor of the motion, the petition is Withrawn Without Prejudice.
WITHDRAWN
�/L�:ILh?iLQ/e�all.Ati�eO� a��
.Li
Edward Luzinski Vice Chairman