8 BARTON STREET - ZBA 8 BARTON STREET (R-2)
LORRALNE M. DEO
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DECISION OF THE PETITION OF LORRIANE M. DEON REQUESTING,A, _ ._
VARIANCE FOR THE PROPERTY LOCATED AT 8 BARTON STREET (R'r p",_t,;J C-i CFSS
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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, owners of the property request a Variance from side & rear set
backs to construct an addition for the property located at 8 Barton Street
(R-2) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petitioner has owned the property for 19 years.
2. The petitioner lost part of the side yard and fence to the city
for construction of the sidewalk.
3. There was no opposition to the request.
4. The granting of the petition will enhance the quality of life for the
petitioner and allow a fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
' DECISION OF THE PETITION OF LORRAINE M. DEON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 8 BARTON STREET (R-2)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0*oZ&A
variance requested. subject to the following conditions:
•;i t :-1. MASS
1 . Petitioner shall comply with all city and state statures, oidAan@es(;:F
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy shall be obtained.
5. All construction shall be done as per the plans and dimensions
submitted relative to the addition only and does not include any
proposed porch or deck which is partially reflected in the plans.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
September 20, 1995
Stephen Touchetvte, Chairman
Board of Appeal
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 Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal