16 LYNDE STREET - CURRAN, ROBERT E - ZBA 16 Lvnde St. B-5
Witch Dungeon Museum, Inc.
Robert E. Curran, Treasurer
U
� I
s
i
Y
of ttlem, � ttssttdjusetts uCT
JF �5nttra of �upeal
DECISION ON THE PETITION OF WITCH DUNGEON MUSEUM, INC. FOR A
VARIANCE FOR 16 LYNDE ST. (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, XssociatqlMember
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 803, and shall be filed within 20 days
after the data of filing, of this decision in the office of the city clerk.
Purcucnt to Mass. Gcaeral La s, Chant'=`808, Section 11, the Variance
:
or '^eeia! fxrmit granted nn;sin :�::il r.et take effect until a copy of the
decision, k;zmn¢ th" cer:.t:cctien a; ;ha City Clerk that 20 days have
elapsed anri no apneai h.s or that, if such appeal has been
filed, that it !,as b=_en dis!rs-eJ ;;; denied is recorded in the South Essex
Registry of Deeds and indexed umer the name or the owner of record or.
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL!
`, 1c3'� -: 1N," -$' ,.E,,,..n,: ,� F div r � •
s ,
t,
t xi-
f f 'r, S Fat•c'! t ht z ,'.fn "sx;
+Fv�� S ytpHa .e 15,y P 'L SFS L!'yi I k
)"S1,rt-i' z:w' Ix5-�3,.ik<,
�." !W'vn:r ter' � S
Jn k Pr-
s.,tss�'
do