5 BARNES CIRCLE - ZBA r
5 Barnes Circle (R-1 )
Joseph D. Miraglia
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DECISION ON THE PETITION OF JOSEPH D. MIRAGLIA FOR VARIANCES
FOR 5 BARNES CIRCLE, SALEM
A hearing on this petition was held March 19, 1986 wit the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Chas LL�i�skpt, Strout.
Notice of the hearing was sent to abutters and others FiW, notices�"ddfflllt hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A. CITY �<<;r, c,.
LEN,H45SS
Petitioner, owner of the property, requests Variances from density regL7irements in
order to divide an existing lot into three lots, all as shown on a plan submitted
to the Board. 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The lots in this area all contain approximately five thousand
square feet;
• 2. As a twenty thousand square foot lot in this area the lot would not '
be marketable for use as containing only one single family home;
3. No opposition;
4. One neighbor spoke in favor.
'^;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 this property but do
not generally affect other lands, buildings and structures in the
same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to petitioner; and
3. The relief requested 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.
I�
S
DECISION ON THE PETITION OF JOSEPH D. MIRAGLIA FOR
VARIANCES FOR 5 BARNES CIRCLE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested provided that:
1 . Plans for the proposed construction are present to the Fire III
Prevention Bureau, showing type and location of automatic smoke
e
detectors to be installed, prior to the issuance of a building permit;
2. The owner of such properties obtain proper numbering from the City
Assessors, and that compliance with the City Ordinance relative to
house numbering be adhered to.
I
3. All Laws, Ordinances, and Regulations of both the Commonwealth of
Massachusetts and the City of Salem, pertaining to fire safety, are
adhered to;
4. .Planning Board approval be obtained prior to issuance of building permit;
5. A Certificate of Occupancy be obtained for each dwelling.
VARIANCES GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FR' +1 THIS DECISI"i I. ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE K,'=.
@E'l=RAL LAi1S. CHA'r:EP. 808, AND SHALL BE FILED W-HIN 20 DAYS AFTER THE DATE OF FILING
Cr TH'G DEW101 IN THE OFFICE OF THE CITY CLERK.;
P.1R:ANT TO I'.ASS. GENERAL CHAPTER 808, SECTION 11. THE SAR'ANCE OR SPECIAL PERL',IT
r RM.10 H,ERE1 SHALL NIT TA.'E EFFECT UNTIL A COPY OFTHEID'I-,AL SEISING THFILED T -
FlloTi-'N CF IHC CITY CLERd THrT 20 DAYS HAVE ELAPSED ^
(R 'HAT, IF SU04 AN APPEAL HAS BEEN FILE, THAT IT HAS BEErI DI4 CISS:D CR DENIED IS
� RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED U'�.•ER THE NAiAE OF THE O'fi:ER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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DECISION ON THE PETITION OF JOSEPH D. MIRAGLIA FOR VARIANCES
FOR 5 BARNES CIRCLE, ,SALEM
A hearing on this .petition was held March 19, 1986 wit the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Cha# s,l Li66kpu Strout.
Notice of the hearing was sent to abutters and others FiW, notices dd 1t hearing
were properly published in the Salem Evening News in accordance with Massachusetts '
General Laws Chapter 40A. City CI=`.K SGIEM,NgS
Petitioner, owner of the property, requests Variances from density requirements in
order to divide an existing lot into three, lots, all as shown on a plan submitted
to the Board. 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The lots in this area all contain approximately five thousand
square feet;
2. As a twenty thousand square foot lot in this area the lot would not
be marketable for use as containing only one single family home;
3._ No opposition;
4. One neighbor spoke in favor.
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 this property but do
not generally affect other lands, buildings and structures in the
same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to petitioner; and
3. The relief requested 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.
i
DECISION ON THE PETITION OF JOSEPH D. MIRAGLIA FOR
VARIANCES FOR 5 BARNES CIRCLE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested provided that:
1 . Plans for the proposed construction are present to the Fire
Prevention Bureau, showing type and location of automatic smoke
detectors to be installed, prior to the issuance of a building permit;
2. The owner of such properties obtain proper numbering from the City
Assessors, and that compliance with the City Ordinance relative to
house numbering be adhered to.
3. All Laws, Ordinances, and Regulations of both the Commonwealth of
Massachusetts and the City of Salem, pertaining to fire safety, are
adhered to;
4. Planning Board approval be obtained prior to issuance of building permit;
5. A Certificate of Occupancy be obtained for each dwelling.
VARIANCES GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
• APF AL FR:;2 THIS DECISION. I` ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE
CE:;=R'L LAWS. CHAFER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
CT THIS CEC+SIGB IN THE OFFICE_ OF THE CITY CLERK.
P.;R'A1,T TG -`ASS. f.E:i EF.AL Li�i S, CHAPTER 808, SECT!Oi'1 11, THE VARIANCE OR SPECIAL PEP.611T
CRA%�ED HEREI':, SHALL NCT TAKE EFFECT UNTIL A COPY OF THEGSC03.4. SEAP.ING THE CERL
filAit]!J C',F THE CITY CLERd THAT 2G DAYS HAVE ELAPSED A%O NC APPEAL HA.S BEET! FILED,
-� C�R 'HAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT TT H'.$ BEEN CIS'1.!SS2G OR DENIED IS
RECORDED IN THE SOJ1H ESSEX REGISTRY OF DEEDS AND INDEXED UNIER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL