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29 BARNES ROAD - ZBA i 29 Barnes Road R-1 Richard Occipinti_ v f cow v k fllit of �ttlrm, C �SSttcllu5rfts '�. .•' PnttrD of �ppeul JUL U 2 u PM. b DECISION ON THE PETITION OF ROBERT OCCHIPINTI FOR A FILE" VARIANCE AND SPECIAL PERMIT AT 29 BARNES RD. (R-1 ) CITY�GL RK..b.. :,•'. +�svi. A hearing on anis 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 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 viewinq 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 Eames 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. l DECISION ON TFE PETITION OF ROBERT OCCIPIN71 FOR P. VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEh1 PAGE 7W 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 mav, 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 chance, 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, cumot in anv 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 City'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 VARIAN AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM PAGE THREE UNANIMOUSLY GRANTED I A ° 7 Richard A. Bencal , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APF!Ili FR'.! -4' I' 1 ';Y. .'.!!III E _.F "L . . i'd'T T-. SM-:! 17 OF THE WSS. GENS ' 1llL E: � L'.iS f rli 11,`_ DACE Or {,LING Gi _ . r i- THE C111 C._2'. . I E5SE:k F ,_1I;'� C !r! . ...1 L-!_YEO 117!7 -. T< :..,:.:E ui THE OF RECLRD OR IS RECORDED AND NUTED ON THE OgNLRS CLRMICATE Of TITLE. BOARD OF APPEAL Ctu of �$ttlem, Httssttcl zee##spa I j s oz . 'L 9 Paurb Df Apppzl FU DECISION ON THE PETITION OF ROBERT OCCHIPINTO FOR VARIANCES AT 29 BARNES RD. (R-1 ) A hearing of this petition was held March 30, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Richard Bencal, Secretary; Messrs. , Fleming, Luzinski and Strout. 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. Petitioner, owner of the property, is seeking variances from density and setbacks to allow an existing deck and to construct a two car garage in this R-1 zone. The Variance which has been requested may be granted upon a finding by 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 or 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 hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . No support or opposition was presented to the plan; 2. The position of the house and deck was changed by the builder and not the petitioner due to unexpected ledge. 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 and circumstances exist which especially affect the subject property but not the district generally; 2. The variance requested 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. DECISION ON THE PETITION OF ROBERT OCCHIPINTO FOR VARIANCES FOR 29 BARNES RD. , SALEM page two Therefore, the Zoning Board of Appeal voted 4-1 , with Mr. Bencal in.opposition, to grant the Variances requested, subject to the following conditions: 1 . All requirements of the Salem Fire Dept. in their letter to this Board regarding this petition be complied with; 2. All construction be done as per all existing city and state building codes; 3. The proposed garage be used for the storage of vehicles, lawn and household items only; 4. Construction of the garage be as per the plans submitted; 5. The existing deck as shown on the plans submitted must not be enlarged. GRANTED ll it�charrd A. Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE A: ;. GENERAL LAWS. CHAPTER SOE, AND SHALL BE FILED IYITHIN 20 DAYS AFTER THE DATE OF F1LUG OF T.IIS DECIS:ON I; THE OFFICE OF THE C!7Y CLERK. r rN R, L "�. C 'b.FiER 2 SECTI74 11. THE V -^IAi;CE PR ^ a c %: 1. E EFI---CT A CC^f OF TH-, _.... F Cr TH '1'i Ri i ; Gk ' C^ HAlE ELAPSE-) A','7 L^ A f H;,; _ IF S' i A Ar.'Eu P,.o b.E, 'r =E THA' IT HAS DFE?i DI RE 'r��D IN TH St's H ESSEX Fc,!SiRY C° DEEDS ^ 'ED OP OF RECORD ^ AND INDEXED C „ TH;_ OR IS RECORDED AND NC TED C;. THE OPIN ERS CERTI FI C.:TE OF TITLE. r "'= BOARD OF APPEAL \ i N O_ 5��0 N 10 O 998 �\� GPRP 10 \ " p95' ` ^rti \ c DECK i N I 26 N 1fll 2p, qq 52. EXlsrl�WELONG �o` ovERNANG/ 9611 3 Rv tiFs � E5 cs,�� BpRN F i; i PLOT PLAN IN y SALEM, MASS. V FOR 44 ,...,, ROBERT OCCHIFINT/ ly SCALE 1"=20' FEB, 1988 r . LANDMARK ENGINEERING & SURVEYING INC. LYNN, MA.