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DECISION ON THE PETITION OF ROBERT OCCHIPINTI FOR A F►LEn
VARIANCE AND SPECIAL PERMIT AT 29 BARNES RD. _(R-1 ) $nlf OCrRK.SA-.-7i?. &Aq .
A hearing on this petition was held on July 20, 1988 with the following Board
Members present: James Fleming, Chairman; Richard A. Bencal, Vice Chairman;
John Nutting, Secretary, Peter Strout and Edward Luzinski. Notice of the
meeting was sent to abutters and others and notices were properly published
in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, owner of the property, is seeking a Variance
p pe y, g once to allow an
existing dwelling to remain. Petitioner is also seeking a special permit
to allow construction of a 18 foot round swimming pool in this R-1 zone.
The Variance which has been requested may be granted upon a finding ofthe
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 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 finding of fact:
1. Due to topography the dwelling could not be constructed in any
other manner.
2. The lot in question is a corner lot, on both Barnes Road, and
Barnes Circle, and because of this petitioner is required to have
a 15 foot setback, rather than a 10 foot on the side.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullibying the intent or purpose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally.
DECISION ON THE PETITION OF ROBERT OCCIPINPI FOR A
VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM
PAGE TWO
Therefore, the Board of Appeal voted unanimously 5-0 to grant the Variance
requested, subject to the following conditions:
1. All construction be as per the plans submitted.
The petitioners additionally has requested a Special Permit to allow
construction of a 18 foot round pool.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section VB 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in
Section VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures, and uses, provided, however,
that such change, extension, expansion or enlargement shall not be substantially
more detrimental that the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special permit request may be granted upon a
finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the public hearing, makes the following finding of fact:
1. No support or opposition was raised.
2. The pool, due to topography, cannot in any practiccal sense, be
constructed in any other portion of the lot.
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. The proposed pool will not be substantially more detrimental to
the neighborhood.
2. The proposed pool will promote the convenience and welfare of the
Citv's inhabitant.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Special Permit to allow construction of an 18 foot round swimming pool
subject to the following conditions:
1. All construction be done in conformance with all existing city
and state building codes.
2. All construction be done as per the plans submitted and per
all setbacks submitted.
DECISION ON THE PETITION OF ROBERT OCCIPINTI FOR A
VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM
PAGE THREE
UNANIMOUSLY GRANTED
chard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERX
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WARD OF APPEAL