25-25 1/2 BARR STREET - ZBA (2) 25-251 Barr St. R-2
lBarbara Bent
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DECISION ON THE PETITION OF BARBARA B. BENT FOR VARIANCES
AT 25-25''2 BARR ST. (R-2)
A hearing on this petition was held October 26, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting and
Associate Member LaBrecque. 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 requesting Variances from side line setback
to allow the continued existance of a 10' x 24' raised deck in this R-2 zone.
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 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . No support or opposition was voiced or presented;
2. The deck could only be constructed in this area;
3. Petiitoners relied upon the expertise and assurance of a contractor
in building this deck.
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 exist which especially affect the subject property and not
the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve a
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF BARBARA B. BENT FOR VARIANCES
AT 25-251 BARR ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner comply with the Salem Fire Department regulations relative to
smoke and fire safety;
2. All dimensions and construction be as per the plans submitted;
3. A legal building permit for the deck be obtained.
GRANTED e'j� - "
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY. SH°P PC "4,F P':^c'.IANT TO SECTION 17 OF THE MASS.
ii LAWS, CHAPTER 808, AND cH DAiS AFTER THE DATE OF FILING
'kCISION IN THE OFFICE CF TCc �.
".ASS. GENERAL LAWS. C!J ' THE VARIANCE OR SPECIAL PERMIT
- A -H- _�.{SION.
4EiiJ, SHALL NOT TAKE EFFCT L:.i .._ BEARING THE CERT-
�.-
H:_ CITY CLERK THAT 20 DATS n". ;, N,,, APPEAL HAS BEEN FILED.
. LH AN APPEAL HAS BEEN :;;E IT ri.::; ..EEN DISi,IISSED OR DENIED IS
"i HE SOUTH ESSEX REGISTRY CF D4DJ AND INDEXED UNDER THE NAME OF THE OWNER
OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD, OF APPEAL
APPEAL FRO!A THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE M.-
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FIL!l:
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PU RS.4IJT TO MASS CENER;L LAWS, CHAPTER 808, SECTION 11. THE VARIANCE 02 P-' '!T
GRA;;TEu HEREif;, SHILL NOT TndE EFFECT UNTIL A COPY OF THEDECISION, BEF,9iNG ik:,F CE`
FICATION Oh THE Cl-, ' CLER�i TH.A', 20 DAYS HAVE ELAPSED ANC NO APPEAL HAS BEET FIILD,
OR THAT. iF SI.CH AN APPEA' HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR CB9:ED IS
R�...i RDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE .l;I•;ER
OF REMM•OR, IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL