2 PIONEER CIRCLE - ZBA I 2 Pioneer Circle R-1 ,
Sdi7_liar g, Marie Gorehan
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83 ACT 13 t 3 :05
DECISION ON THE PETITION OF WILLIAM P. GOREHAM FOR
A VARIANCE FOR 2 PIONEER CIRCLE CITY CL tr n"S 0F 'CE
SALT-Z
A hearing on this petition was held on September 21 , 1983 with the following
Board Members present: Janes Hacker, Chairman; Messrs. , Charnas, Hopper,
Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said
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 requests a Variance from lot area and sideline setback requirements
- in order to construct an 8' x 10' pool shed on the premises in this R-1 district_
The Variance which has 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 in-
volve substantial hardship, financial or otherwise, to the 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 considering the evidence presented at the hearing,
and after viewing plans of the property, makes the following findings of fact:
1 . No opposition to petitioner's plan was raised by neighbors;
2. The unique contour of the lot makes the construction of the pool shed on
another part of the premises extremely difficult if not impossible;
3. Use of a pool without a pool shed to store pool equipment and materials
is extremely difficult and would force petitioner to- maintain said pool
paraphernalia scattered dangerously around the pool perimeter.
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
land, building, or structure involved and which are not generally
affecting other lands, buildings, and structures in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitiorer;and
DECISION OF PETITION OF WILLIAM P. GOREHAM
FOR A VARIA?ICE FOR 2 PI014EER CIRCLE
page two
3. Disirable 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.
Therefore, the Board of Appeal voted unanimously to grant petitioner a Variance
to allow him to build an 81 r, 10, pool shed as shown on the plan submitted to
the Board, provided that the shed is used for the storage of pool related things_
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L: Scott E. Charnas, Acting Secretary
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APPEAL FROI THIS DECISION, IF ANY. SHALL BE At ADE PURSUANT TO SECTION 17 OF THE MASS. _ -
GENERAL LA'/IS, CHAPTER 508, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -
_ OF TP.iS CEC,Si3N IN THE OFFICE OF THE CITY CLERK. _ -
PUR2,V;T TC i..SiS. CECES�L LF;Ia. CHAPTER SOS. SECTIOA 11, THE VARIANCE OR SPECIAL PERMIT - -
'=LL i.Oi T;.;Z EFFECT uP:TI.. A COPY OF THE DLC:_:0,.. CEA.".I;i„ THE CCRT-
FICZI'11:! CF .Hr Ca' CLER:; Ti:AT 70-0AYi HAVE EL FSED A!0 NO APPEAL HAS BEEN FILED, _ - -
_ OR 1i01. IF SIY:4 A!: APPEAL HAS BEEti FILE, THAT IT HAS BEEN _DIS.IISSED OR CEMED IS - - -
RECUFIDED r; ; L HE SCH ESS`_.". R°GISTRY OF DEEDS AND IRDEXED UNDER THE NA 4-- OF THE MIRIER -OF RECORD OR IS RECORDED AND NOTED ON THE ONINER'S CERTIFICATE OF TITLE - - - - -
BOARD OF APPEAL - - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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