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2 BALCOMB STREET - ZBA 2 Balcomb St. B-1 Charles Brett / \ / p t �itU of �'alem, flittssacl[use s S Poarb of LAyprA CITY CLGRR.•SALEM BASS. DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES AT 2 BALCOMB STREET (B-1 ) A hearing on this petition was held September 30, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout. 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. Petitioner, owner of the property, represented by Attorney George P. Vallis, is requesting Variances from lot size and rear & side setbacks to allow construction of three townhouse units in this B-1 district. 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 iwhtout 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 . The proposed three units would be of a lessor use than other uses that are allowed in a B-1 district and would be better for the neighborhood; 2. The existing building on the property is in serious disrepair and the proposed changes would upgrade the neighborhood; 3. There was support from the neighbors for this project. 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 Ordinance would work a substantial hardship on the petitioner; 3. The relief requested can be granted without detriment to the public good and without nullifying or derogating from the intent of the district of the purpose of the Ordinance. '5ECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES FOR 2 BALCONB ST. , SALEM ' page two h, Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the variances requested, subject to the following conditions: 1 . Building to be constructed and landscaped in strict accordance with the plans submitted to the Board; 2. Trees currently existing on the east sideline must be preserved and maintained; 3. Property numbering be obtained from the City Assessor; 4.. All work be done in accordance with allow State and Local building codes; 5. All requirements of the Salem Fire Prevention Bureau be adhered to; 6. Parking be in accordance with plans submitted; 7. A building permit be obtained; 8. A Certificate of Occupancy for each unit be obtained. GRANTED /lames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO(' THIS DnSiON. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS GENERAL LA''!S. CHAPTER 80£. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILII; OF THIS DECIS!ON' IN THE OFFICE OF THE C7Y CLERK. PLrSANT TO !'ASS. GENEF=L L�-,S. CHAPTER £7? SEQ13N 11. THE VARIANCE OR SPECIAL PEP.7iT C WJED HEREIN. SHALL NOT TA?E EFFECT U':TIL A COPY OF THE D`CISi';t. PEAP:%C THE CERT, .i FICATiDN OF THE CITY CL-RE THAT 20 DAYS H;VE ELAPSED A%D NO APPEAL HAS BEEN FILED, OR THAT. IF SL'P. AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN Dis,';ISSED OP. DEm ED IS REC-''DED IN THE SOUTH ESSEX REGISTRY OF CEEDS AND INDEXED ORDER THE NA:,;E OF THE 04NEP. OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL r Wy`y�CG a�M� a- DA Q i"M3 t a 4 t�Wly,Mov. `©DaVd F. Jaquith J t r c ri C O � y Z y• > v d N O n '^ N LM (D M N d� C co r - U) s � LM o 4a 4.0 Tj 1 JJJlCC111 1111 1 _1� Y -mod cr (D y L-J - - D 4) 1 r 3 of ll ,, N / Drawing Number \ — T AkC1,� DAVID F. ri No.2853 � � 4�ds�.+lY•Mow. �S S1F UINIT 82 W+IIIA.LII8B0Y ' t;Nlr ;rlr� `c)D%q F. Jaquith UNIT 1i 111 -1 71 tuu L � I � L s . � �orL .0 ca n J i � a � __ 61 � 10 10 ' 1 P AIz O 7 Z SF(Y) PAP PLAN Cr o 0 iZ2i1-+ ij (n Ln 1 I�11 M MUKAU N ccluu�aa i UNIT 82 '^ VI, AUZU LULM t U 0 FI R I FLOOR PLAN S TT .CAL[ 14' . +'d- J L CO ^ m Jim UU 10] 00 00 r,own -- oa ] Drawing Number FR()NT ELEVATION ( balcomb s"v ) RIGHT SIDE -I. .VATIOh ( school suset ) SCALE 1)1• - OT SCALE W- IW