16 BARCELONA AVENUE - ZBA 16 Barcelona Ave. R-1
Charles Sidersici
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paurb of Avve l CITY CLERK.
DECISION ON THE PETITION CHARLES J. SIDERSKI FOR A VARIANCE
AT 16 BARCELONA AVE. (R-1 )
A hearing on this petition was held October 26, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Luzinski
and Associate Member 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.
The petitioner, owner of the property, is seeking a Variance from setback
requirements to allow for the construction of a garage 3' feet from the southerly
boundary line of the property. The property is located in an R-1 district.
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 other
lands, buildings and 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 of the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, amkes the following findings of fact:
1 . There was no opposition.
2. Several neighbors and Councillor O'Leary spoke in favor of the petitioner.
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 generally;
2. Literal enforcement of the provisions of the ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can be granted without subtantial detriment to the
public good and without nullifying or substantially derogating from the intent
of the district or the purposes of the Ordinance.
DECISION ON THE PETITION OF CHARLES J. SIDERSKI FOR A VARIANCE
AT 16 BARCELONA AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
I
1 . All requirements of the Salem Fire Dept. relative to smoke and fire
safety are strictly adhered to;
2. The petitioner obtain a building permit from the City of Salem
Building Inspector;
3. The garage be built as per the plans and dimensions submitted to
the Board of appeal;
G . The exterior finishes of the garage be in conformity with the exterior
finished of the existing dwelling.
VARIANCE GRANTED /
/dames M. Fleming, Esq i7
/Chairman, Board of Appeal
A COpY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRUI THIS DECISION. IF A!{Y. SHALL BE MADE PURSUANT TO SECTION 17 OF THE 61A'-S.
GENERAL IR'17S. CHAPTER 803, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS VISION IN THE OFFICE OF THE CITY CLERK.
PURWT , 'I:,SS. GENERA! IAWS. I'HF°"iER 663. SECTION 11, THE VARIANCE OR SPE^!?L o7 IT
GRANTS: HERE-HI, SMALL HIA lA"E EFFiCT UNTIL A COPY OF THEOECISIL: 9E'l1.:I:', :'HE iL
F1CAT4G� JF THE :..:i J_ER: i:14: L? 01,':S � ir N F.I::0.
OR TMA6 iF S,.fi AN A?PE-L 'i'._ OE'N 'Hc THAT IT H=,S BEEN DIL 'ISSED EO IS
RECQW D I:; T:,_ S;.,H ESSL'( REJS;-@Y F CEEOS .AND INDEXED UNDER THE i�A'SE CF THE 0,'VNE'
OF RHGiRO OR IS RECOROED AND ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL