24 BARNES CIRCLE & 11 CLARK STREET - ZONING Form A Decision `
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FORM A - DECISION
Ms . Deborah Burkinshaw
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on November 2 , 1995 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan:
1 . Applicant : Stephen , Donald and Peggy Masella
24 Barnes Circle
Salem, MA 01970
2 . Location and Description:
24 Barnes Circle and 11 Clark Street
Deed or property records in Essex Soutn District Registry .
Sincerely,
Walter B. Power , III
Chairman
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DECISION ON THE PETITION OF STEPHEN, DONALD AND PEGGY MASELLA FOR
A WAIVER FROM FRONTAGE AT 24 BARNES CIRCLE AND 11 CLARK STREET
A Public Hearing on this petition was held on November 2, 1995 at 7:30 p.m. with the following Board
members present: Walter B. Power, III, Chairman; Carter Vinson; David Hart; Chuck Puleo; L. Lee
Harrington; William Cullen; John Moustakis. Notice of this meeting was sent to abutters and notice of the
hearing was properly published in the Salem Evening News.
Petitioner, owner of property, is requesting a waiver from frontage requirements from the Subdivision
Regulations under MGL Chapter 41, Section 81R to allow the property at 24 Barnes Circle and 11 Clark
Street to be suvbdivided into two lots. This section states that "A Planning Board may in any particular
case, where such action is in the public interest and not inconsistent with the intent and purpose of the
subdivision control law, waive strict compliance with its rules and regulations, and with frontage or access
requirements specified in the law..."
The waiver for 24 Barnes Circle and 11 Clark Street is being granted upon the finding by the Board that:
1. Special circumstances exist which especially affect the land, and structures involved and which are
not generally affecting other land and structures involved; and
2. Literal enforcement of the provision of the Zoning Ordinance would involve substantial hardship,
financial or otherwise, to the petitioner.
Therefore, the Planning Board voted by a vote of seven (7) in favor, none (0) opposed to grant the waiver
from frontage requirements for 24 Barnes Circle and 11 Clark Street.
This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk
that twenty (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 Essex South District Registry of Deeds and is indexed in
the grantor index under the [tame of the owner of record or is recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be paid by the owner or applicant.
I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is on file
with the Planning Board.
Walter B. Power, III
Chairman
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