BARNES ROAD, LOT 274 - ZBA Lot 274 Barnes Rd. R-3
John M. Ingemi
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DECISION ON THE PETITION OF JOHN M. INGEMI FOR A rnp ,V
VARIANCE FOR LOT 274 BARNES ROAD, SALEM N-n N) 10
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A hearing,on this petition was held March 27, 1985 with the fdMowft Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Strout and
Associate Member Bencal. 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 lot, requests a Variance from lot size requirements to
allow him to divide the property into Lot A and Lot B, as shown on a plan sub-
mitted to the Board, and to build single family under zoning requirements of
an R-1 district. The property is, in fact, an R-3 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and cirumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structure 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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence and viewing the plans, makes the
following findings of fact:
1 . The topography of the lot is not conducive to the construction
multi-family housing;
2. It would be a hardship on petitioner' not to be able to utilize his
land for a single family home, considering the impracticality of
multi-family;
3. The topography of the lot which makes multi-family housing impractical
is unique to this lot, and is not typical of the district.
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 or circumstances exist which affect this lot but
do not generally affect the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioner;
DECISION ON THE PETITION OF JOHN M. INGEMI FOR A
VARIANCE FOR Lot 274 BARNES ROAD, SALEM
page two
3. The Variance requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent
of the district or the purpose of the Ordinance.'
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant petitioner
the Variance requested.
VARIANCE GRANTED
Scot g. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUART TO SECTION 17 OF THE UM rn
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DM OF RLIIR
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUP,SANT TO MASS. GE14ERAL LAWS, CHAPTER 808. SECTION 11, THE VARIA.NC4 OR SPECIAL PER=
GRANTED HEREIN, SHALL NOT TA:(E EFFECT UNTIL A COPY OF THE DECISION. BEARU4G THE CEIM .,
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED A.-:O NO APPEAL HA: BUN fILUN .
OR THAT, IF SUCH AN .APPEAL HAS BEEN FILE, THAT IT HAS BEEN 621ISSED Cat D&U:D IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED %MDER THE fik,a OF THE t 911M
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFFCATE OF T1TT-
•BOARD DF AMM
( 319E N37• 4d ioE +� :•�
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SUBDIVISION PLAN o 0
SALEM , MASS . 319F
SCALE: 1°= 40'-0° DATE :
GRAPHIC SCALE 1
LAL _-- lea 120 % 0 333
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CARTER & TOWERS ENGINEERING CORP K'
6 FAIRVIEW AVENUE
SWAMPSCOTT, MASS .,01907 Q 334
BARNES
319 H o h
CIRCLE
BEING A SUBDIVISION OF LOT 274 & LOT 319C
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