24 BARNES CIRCLE - MASELLA, STEPHEN & PEGGY - ZBA 24 Barnes Circle R-1
Stephen & Peggy
Masella
ISI
�y
6.
jj l.• y
Jan 2j " {
t v J7 IIJ L�
iLE
1
fllttU Lif jSajem, c4Fa9sarhU6j!jj5y r;
Poara of �v ral
eeci ms,A'
DECISION ON THE PETITION OF STEPHEN AND PEGGY MASELLA FOR
VARIANCES AT 24 BARNES CIRCLE (R-1 )
A hearing on this petition was held December 7, 1988 and continued until
January 11 , 1989. Present at both hearings were James Fleming, Chairman;
Richard A. Bencal, Vice Chairman; John Nutting, Secretary and Edward Luzinski.
Notice of the original 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.
Petitioners are seeking variances to allow the property in question to be
divided into two lots in this R-1 zone.
The Variances which have 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 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 Dresented and
after viewing the plans, makes the following findings of fact:
1 . Two (2) persons spoke in favor of the pian with no one in opposition;
2. The property is unique as it fronts on two streets;
3. The lot is irregular in topography and the plan presented would make
best use of the property;
4. The desired variance may be granted without substantial detriment to the
public good.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
I . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the provisions of the ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can be granted without substantial detriment and with-
out nullifying or substantially derogating from the intent of the district
or the purpose of the ordinance.
DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR
VARIANCE AT 24 BARNES CIRCLE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested, subject to the following conditions:
1 . Petitioners meet all requirements of the Salem Fire Department relative
to smoke and fire safety;
2. All construction be done as per all existing city and state building
codes and as per the plans submitted;
3. Any and all blasting must be done per all city codes relative to this
area and /or zone;
4. All dimensions are to be as per the plans submitted to this Board and
dated 16 December 1988;
5. Petitioner obtain a Certificate of Occupancy for the new dwelling.
GRANTED
,R-ichard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
PURSUE NT .,_
?.L
.F� OoNLR'S CLUJF i1,L-
R v.v UR 'u
BOARD OF FI'P_.tL