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16 LYNDE STREET - BUILDING INSPECTION 16 LYNDE STREET wn,b L ? '- it' of ."ttlem, 'Massadiusetts 6CT peal DECISION ON �THE-=P-ETI-T3ON=OF-WITCH DUNGEON MUSEUM, INC. FOR A VARIANCE FOR 16 LYNDE ST. L(B-5)>A hearing on this petition was held September 19, 1990 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman; Mary Jane Stirgwolt, Acting Secretary; Richard Febonio and Associate Member John Grady. 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. The petitioners are requesting a Variance pursuant to Section 3-56 and Section 3-34 of the City of Salem Ordinance relating to Signs and Billboards to allow the installation of a directional sign on the east bound side of North Street indicating directions to the Witch Dungeon Museum which is located in a B-5 zone. The Variance which has been requested may be granted upon a finding by this Board that: a. special conditions and circumstances exist which especially affect the land, buildings 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 . That it is in the best interests of the community to promote tourist attractions within the City of Salem. 2, 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. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. DECISION ON THE PETITION OF WITCH DUNGEON MUSEUM FOR A VARIANCE FOR 16 LYNDE ST. , SALEM page two 3. The relief requested can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0. to grant the Variance requested, subject to the following conditions: 1 . The sign be no greater than 4 feet by 4 feet in dimension. 2. That the sign installed conform with the description provided with said application. 3. That in the event that the City of Salem adopts a uniform sign plan that the petitioner will install a sign that conforms with said plan. 4. That petitioner agrees to an eighteen (18) month review period to determine the impact of the sign at said location. 5. That petitioner obtain all necessary permits or approvals from appropriate state agencies relating to signs on public roadways. VARIANCE GRANTED September 19, 1990 ohn H. Grady, ssociat ember City of Salem, 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filinp,of this decision in the office of the City CVer ante Pursocnt to Mass. Ceceral Lars, chaor='808, Section 11, the or :tecta! Permit gr^nce•t 7oreln ;:::ail .not take effect until a copy of the decision, hs?rin?the cer'..Lcet!en Ot lha City Clerk that 20 days have elapsed an-' no ,pracal h;a :"" 1:1 or that, if such appeal has been filed,that it has been d.s!r.Is7c" or oe nied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or, is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL'