30 BARNES CIRCLE - BUILDING JACKET _ . � C� �c�c�� C���
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Citp of Salem' '41a$!5ACbUgPtt$
Public Prnpertp Department
3guil0ing Mepartment
(One Salem Oreen
(976) 745-9595 ext. 360
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 3, 1999
Dino & Deborah Simoetti
30 Barnes Circle
,. Salem, Ma. 01970
RE: 30 Barnes Circle:
Dear Mr. & Mrs. Simoetti:
This department has contacted you previously regarding the filling of your back and side
yard.
As discussed earlier, a drainage alteration plan is required any time you alter elevations
more than two feet.
You are directed to cease filling and or stock piling any more materials.
You are also directed to contact the City of Salem Engineering Department within fifteen
(15) days upon receipt of this letter. Failure to do so will result in legal action being
taken against you in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely, /
Thomas St. Pierre
Assistant Building Inspector
cc: Engineering Department
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Pourb of �C�Ii�TP2Il
DECISION ON THE PE=CN OF ROBERT J. STILIAN FOR VARIANCE AT 13 CLARK
ST., 26 BARNES CIRCLE,t3O_BARNES'CA iLr and 34 BARNS CIRCLE, ASSSESS�IJRS MAP 3
?DPS 81, 82, 85 & 86 BARES'CIRCLEJC[ARK SIREET (R-1 )
A hearing on this petition was held August 16, 1989 with the following Boara
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski, Nutting
and 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.
The petitioner, represented by Attorney Robert Ledoux, is seeking variances for
three of four lots on a proposed subdivision which do not meet the required area
and for one lot which does not meet frontage requirements. The lots are also
identified on Assessors Mao 3 as lots 81 , 82, 85 and 80. The locus of the
property is in an R-1 district.
The variances which have been requested may be granted upon a finaing of the
Board that:
a. special conditions and circumstances exist which especially affect the lana.
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. _' iteral enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
_. desirable relief may be granted without substantial detriment to the qubiic
gcod and without nullifying or substantially derogating from the intent or'
the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented. and
after viewing the plans, makes the following findings of fact:
1 . Several abutters, as well as other residents of the immediate area, spoke in
opposition to the petition, citing the addition of traffic to heavily
`raveled adjacent streets, blasing problems, and changes in the drainage
Patterns in the area.
_. The locus could be developed by the petition if the lots were joined.
On the basis of the above findings of _`act, and on the evidence presented, the
Board of Appeal concludes as follows:
Special conditions do not exist which especially affect the subject property
ana not the district generally;
Y
Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner;
The relief requested cannot be granted without substantial detriment to the
public good or without nullifying and substantially derogating from the intent
of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF ROBERT STILIAN FOR VARIANCES FOR 13 CLARK ST. ,
26, 30 and 34 BARNES CIRCLE, SALEM
page two
Therefore, after a motion to grant the requested variances, with conditions,
was made and duly seconded, the Zoning Board of Appeal vote 0-5 against granting
the requested variances. The petitioner failed to receive four (4) affirmative
votes and, therefore, the variances are denied.
VARIANCES DENIED
James M. Fleming, Esa.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIT'_' CLERK
S.icti^.n i; ct
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of
Boer. • i ra ,1 a=n t i..en
t r tee ms_ed or r nied is r corral in in °outh Ecsex
F, 'stry cr D. d_ and Indexed under the name or the oimer of record or
is recoracd and noted on the o.vner's Ccrtificato of Title.
BOARD OF AppZq�,