20 BARNES ROAD - ZBA 20 Barnes Road R-1
David L. Madsen
Speed Letter.
To From COLONIAL CONVENIENT MARKET, INC.
Salem, Mass. 01970
Subject
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GRAYLwpFORM as-902 3-PAR* RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY
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22 Barnes Road A. a "�""r
Salem, MA 01970 1<�'S�
745-5977 (after 5:30 p.m.) 1b
DEC � � 16 P� S� SEC
November 9, 1988RECEIYEO RFZF �AI
IAaSS•
CITY OF SALEM,MASS. r,I1 OF SAS
Mr. James P. Hacker
Chairman, Board of Appeals
7 Ugo Road
Salem, MA 01970
Dear Mr. Hacker:
In your position as Chairman of the Board of Appeals, I would like to apprise you of the
following regarding the decision on the petition of David L. Madsen for variances for 20
Barnes Road (copy enclosed).
As of this date, condition #1, which affects us as abutters, has not been met, and the lots
are for sale (lot #1 has been sold and construction is under way).
As the abutters directly affected by the swale of lot#3, we must again stress our concern
over the potential damage to our property if the swale is altered by Mr. Madsen or the
buyer. Are these conditions passed on to the buyer and, if so,who is responsible to
inform them? Or, should the conditions be met before the land is sold?
Our concern for his negligence to fulfill this condition is directly linked to the problems
that have developed since the approval of Mr. Madsen's petition. As we stated at the
Board of Appeals hearing, our home is situated low on a bend in the road. All water
runoff from the road was channeled by a rounded tar ledge across the front of our home
to the swale (we had this driveway installed three years earlier to correct this problem).
Unfortunately, this is no longer the case. We are currently experiencing water in our
basement during heavy rains as a direct result of the destruction of the end of our
driveway when Mr. Madsen had sewage installed to his lots, and his subsequent failure to
repair it.
Mr. Madsen stated on several occasions that he was required to repave that sections of
the road (after a 90 day period), and he would repair our driveway and replace the tar
ledee at that time if not sooner. As of this date, our driveway has not been repaired or
the road repaved. After speaking with Bob Gates at the City Engineering Office, I was
informed that they are pursuing the contractor to pave that section of the road without
success.
In light of Mr. Madsen's past history of disregard for our property and empty promises,
we are sure you will understand our concerns regarding the swale of lot #3p. We are
looking forward to your comments regarding this matter.
Sincerely, Q�
Richard and Doris Davis
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DECISION ON THE PETITION OF DAVID L. MADSEN FOR VARIANCES
FOR 20 BARNES ROAD (R-1 )
A hearing onthis petition was; held'March.16,. 1.988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Luzinski, Strout and
Associate Member LaBrecque. Notice of the hearing was sent to abutters and ethers
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting Variances from frontage and
lot size to allow the property to be redivided from four (4) lots into three (3)
lots in this R-1 district.
The Variances which have 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 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 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 . Petitioner has owned the property since the middle 1960'-,;
2. Petitioner has filled the land, adhering to the instruction of
the Conservation Commission, at considerable expense;
3. Abutter was in favor of subdivision. ,
—pn tle basis of the above findings of fact, and on the evidence presented, the
dw Hoqj.�of Appeal, concludes as follows:
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_ Special conditions exist which especially affect the subject parcels
but not the district generally;
< Litera'_ enforcement of the Ordinance would involve substantial
Q u hardship to the petitioner;
3. The requested Variances can 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.
DECIS:ON ON THE rF- .,F D'.. :� L. N.ADSC": FOF
FOR 20 BARNES FC,"1:
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Lot #3 must have a two to one slope on the northerly side and slope
must be loamed and seeded and constructed as per plans submitted to
and approved by the City Engineer;
2. A plan with the design, of the swale on lot three must be approved
by the City Engineer;
3. Lots to be divided as shown on plan submitted and dated 2/3/88
as follows: Lot 1 to have 10,000 square feet (+) with 63.43 front;
Lot 2 to have 12,400 square feet (+) with 63 feet of frontage;
16,500 square feet (+) with 63 of frontage.
GRANTED
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es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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