10 BARNES ROAD - HARDY, PAUL & JOSEPHINE - ZBA 10 Barnes Road R-1
Paul & Josephine Hardy -
1 �
—51
V
\C
�J
(Cit" of -1-$ttlem, flassurljusetts
4� � �uttra of �+u�reul
s
c=
w
DECISION ON THE PETITION OF PAUL & .IOSEPHINE HARDY
FOR A SPECIAL PERMIT AT 10 BARNES ROAD (R-1) } ^�
A hearing on this petition was held March 16, 1994 with the folTbwang .Aoard
Members present: Stephen Touchette, Acting Chairman; Gary Barrett; Afaert
Hill and Associate Members Nina Cohen and Arthur Labrecque. 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.
Petitioners,owners of the property, are requesting a Special Permit to
allow construction of an addition which will extend the existing
nonconforming rear setback, the property is located in the R-1 district.
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 Section 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. There was no opposition to the petitioners request.
2. The granting of the special permit would allow the petitioners a fuller
use of their property.
3. The proposed addition, which will serve as a family room and a laundry
room, would only encroach on rear setback, all other setbacks would
remain as they currently exist.
DECISION ON THE PETITION OF PAUL & JOSEPHINE HARDY
FOR A SPECIAL PERMIT AT 10 BARNES ROAD, SALEM
page two
4 . This in the only feasible location for the addition.
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 and without nullifying or 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 the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety are to be strictly adhered to.
4. Petitioner shall obtain a building permit prior to starting
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy must be obtained.
Special Permit Granted
March 16, 1994
Jre,ri
Ste hen Touchette, Acting Chairman
Board of appeal
n
9
- N
W
7:7
✓ L
DECISION ON THE PETITION OF PAUL & JOSEPHINE HARDY
FOR SPECIAL PERMIT AT 10 BARNES ROAD, SALEM
page three
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
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 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 of 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
_ r+
w
LAD