17 BARNES CIRCLE - ZBA (002) 17 BARNES CIRCLE R-1
- TAMES A. NOBLE SR.
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Legal Notice,
CITY OF SALEM -
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JAMES A. NOBLE JR.
requesting a Special Permit to exapnd
the non-conforming structure to con-
struct a second story addition per Arti-
cle V;5.3 of the City of Salem Zoning
Ordinance for the property located at .
17 BARNES CIRCLE,(R-1).Said hear-
ing to be held WEDNESDAY, OCTO-
BER 15, 1997 AT 6:30 P.M., ONE
SALEM GREEN,2nd Floor.
Gary Barrett,Chairman
(10/1,10/8/97) - -
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DECISION ON THE PETITION OF JAMES A. NOBLE JR. REQUESTING A`CRK'S
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 BARNES CIRCLE (R-1)
A hearing on this petition was held October 15, 1997 with the
following Board Members present: Gary Barrett, Chairman; Nina Cohen,
Albert Hill , Joseph Ywuc and Paul Valaskagis. 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 is requesting a Special Permit to expand the
non-conforming structure to construct a second story addition for the
property located at 17 Barnes Circle.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, 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
change, extension, enlargement or expansion shall not be
substantially more detrimental than 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 hearing and after viewing the plans, makes the
following findings of fact:
1 . Petitioner wants to expand the existing single family home by
adding a second floor addition to accommodate his growing family
in his present home.
2. The proposed addition will not encroach on any of the existing
setbacks, and will be contained within the present footprint of
the existing structure.
3. There will not be any 2nd floor construction over the
existing stairway on the southwest (right) side of the existing
home.
4 . There was no opposition to the petition.
DECISION OF JAMES A. NOBLE, JR. REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 17 BARNES CIRCLE
page two
5. All persons identified on the abutter's list attached;to
petition expressed their support for the petitioner's retlu6st forc-
relief by signing a petition submitted to the Board.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All construction shall be done as per plans and dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the construction shall be in
harmony with the existing structure.
SPECIAL PERMIT GRANTED
October 15, 1997
Gary Barrett, Chairman
Board of Appeal
iL
DECISION OF JAMES A. NOBLE JR, REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 17 BARNES CIRCLE
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK u ypcc
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL 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 MGL 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 or 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
1
PETITION
WE, THE UNDERSIGNED ABUTTERS AND NEIGHBORS, PETITION THE SALEM
BOARD OF APPEALS TO GRANT THE REQUESTED PETITION FOR A SPECIAL
PERMIT OF DAMES NOBLE AT 17 BARNES CIRCLE.
THE SPECIAL PERMIT WOULD ALLOW THE NONCONFORMING PREMISES TO BE
ALTERED IN A MANNER THAT WOULD NOT BE CONTRARY TO THE GENERAL
PURPOSE AND INTENT OF THE ZONING BY-LAWS t T`' `,# I
WE UNDERSTAND THAT THE PROPOSED ADDITION COULD BE BUILT IF THE
EXISTING STAIRCASE WAS REMOVED. WE FEEL THAT TO FORCE THE
PETITIONER TO REMOVE THE EXISTING STAIRCASE IN ORDER TO BUILD AN
ADDITION DENOTES A HARDSHIPAND WE ASK THAT THE REQUEST FOR A
SPECIAL PERMIT BE ALLOWED
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