17 BARNES CIRCLE - ZBA 17 Barnes Circle R-1
Mary & Donald Lord and
Stephen Bury /
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DECISION ON THE PETITION OF MARY & DONALD LORD FOR A
SPECIAL PERMIT FOR 17 BARNES CIRCLE, SALEM
A Public Hearing on this petition was held July 24, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , C*Cna?, uthier, Strout and
Associate Member Bencal. Notice of the hearing was sent to �Pif' d others
and notices of the hearing were properly published ALSI- Salem Evenin News in
accordance with Massachusetts General Law Chapter 40A.
64TY QL4Qq &AL M,�p`""
Petitioners are requesting a Special Permit to allow an existini errc�y:way which
encroaches to within six (6) feet of the side property line in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
,Notwithstanding anything to the contrary appearing in this Ordinance, the Board
zof Appeal may, in accordance with the procedure and conditions set forth in Section
�VIII F and IX D rant Special Permits for alterations and reconstruction of non-
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=conforming structures, and for changes, enlargement, extension or expansion of
= = 5 6noncahforming lots, land, structures, and uses, provided, however, that such change,
w wexteiksion, enlargement or expansion shall not be substantially more detrimental
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, E ahano he existing nonconforming use to the neighborhood.
rT mgre general terms, this Board is, when reviewing Special Permit requests,
z&)aided by the rule that a Special Permit request may be granted upon a finding
1�; the Board that the grant of the Special Permit will promote the public health,
r = - safety, convenience and welfare of the City' s inhabitants.
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= ='he Board of Appeal, after careful consideration of the evidence presented at the
x 5 y �earing and after viewing plans, makes the following findings of fact:
W = 1 . No opposition;
E• ` ' G 2. This condition has existed for approximately twenty two (22) years and
r, _ .F3 -• S• � N z the stairway in question was built originally when the house was built.
Z C V U F r
l;gn the basis of the above findings of fact, and on the evidence presented, the
&ard of Appeal concludes as follows:
- r 1 . The relief requested is in harmony with the purpose and intent of the
Ordinance;
O G = O G
2. Relief may be granted without nullying or substantially derogating from
district or the Ordinance.and will not be detrimental to the public good.
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r Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the relief
requested.
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✓James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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CARTER TOWERS ENGINEERING CORP.
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I hereby ceruly that I have u2xianrd:.
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No 930 g
10TZ. Tbls certlfloatlon Is based oA ttie of F i
iooetion of survey sarkora of others, O.IId `;'air t�y'v5V
does not represent a propvrty curvet'.
To be cued for Ifortge-ge purposes only..'
iJV�L t:• ,i�,EER1NG PERC0lAT10N TESTS SEWAGE DISPOSAL DESIGNS _ r
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