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DM=CN ON THE F-=-CN OF ROBERT J. STTLTAN FOR VARIANCES AT 13 CLARK
ST., 26 BARNES CIRCLE, 30 BARNES CIRCLE and"34 BARNES CIRCLE, ASSESSORS MAP 3
LM 81, 82, 85 & 86 BARNES CIRCLE/CLARK STREET
A hearing on this petition was held August 16, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski, .Jutting
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
denti:'ied on Assessors Map 3 as lots 81 , 82, 85 and 86. The locus of `..
property is in an R-1 district.
The variances which have been requested may be granted upon a finding of
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 Dublic
good and without nullifying or substantially derogating from the intent or'
the district or the purpose of the Ordinance.
he Board of Appeal, after careful consideration of the evidence presentee, and
after :dewing the plans, makes the following findings of fact:
1 . Several abutters, as well as other residents of the immediate area, spoke in
on to the petition, citing the addition of traffic to heavily
traveled adjacent streets, biasing problems, and changes in the draina e
patterns in the area.
2. The locus could be developed by the petition if the lots were joined.
On the basis of the above findings of fact, and on the evidence presented, ,he
Board of Appeal concludes as follows:
Special conditions do not exist which especially affect the subject srcperty
and not the district generally;
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 'dote 0-5 against granting
the red'uested variances. The petitioner failed to receive four (4) affirmative
votes and, therefore, the variances are denied.
VARIANCES DENIED
C
James M. Fleming, Eso.
Chairman, Board of Appeal
4 COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
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BOARD OF APPE4LI