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21 BALCOMB STREET
ANA BETTENCOURT
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Legal Notice
CITY OF SALEM ,y
BOARD OF APPEAL
978-745-9595,ETR.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by ALIDA&ANA BETTENCOURT
requesting Variances from lot cover-
age to construct a 20x26 garage for
the property located at 21 BALCOMB
STREET R-2.Said hearing to be held
on WEDNESDAY,MARCH 19,2003 at
6:30 p.m., 120 WASHINGTON
STREET,3rd FLOOR,ROOM 313.
Nina Cohen,Chairman
(3/5,12)
1
CIv Ori I ALE-M1 MASSACV-4',150%'T9C! , 1 Li(• v' I
l,L
BOARD OF APPEAL CLERK'S t P"' hfA
�y�� ti'S OFFICE
,R! 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970 _
��s •-= fi TEL. (978) 745-9595 -
9�0�MiNe��^ FAx (978) 740-9846 lOOJ MAR 21 A p
STANLEY J. LISOVICZ, .1R. la 43
MAYOR
DECISION OF THE PETITION OF ANA & ARLINDA BETTENCOURT
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 21 BALCOMB
STREET R-2
A hearing on this petition was held March 19, 2003 with the following Board Members
present: Nina Cohen, Chairman„ Stephen Harris,Nicholas Helides, Bonnie Belair and
Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from lot coverage to construct a 20 x 26 garage
for thero erty located at 21 Balcomb Street located m
an R-2 zone.
P P
The Variances, which have been requested, upon a finding 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 structure involve.
enforcement of the provisions of the Zoning Ordinance would involve
b. Literal enfo p g
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of 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 petitioner's appeared and represented themselves at the hearing.
2. The petitioner is requesting a Variance for lot coverage to construct a 20 x 26 garage.
Plans were shown showing the proposed addition.
3. There was no opposition to this petition.
DECISION OF THE PETITION OF AND & ARLINDA BETTENCOURT
REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 21 BALCOMB
STREET R-2
page two
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning 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 petition.
3. Desirable relief 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 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimension submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
Variance Granted
March 19, 2003
y x�
Stephen Hams otic"1
Board of Appeal
THE 0i!' . 0 L E R K
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11.The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
PETITIONER
LOCATIONl/!
MOTION: TO GRANT SECOND AMENDME-Eh"T SECOND
•TO DENY SECOND.
TO RE-NEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTIPru
NINA V. COHEN
Stephen HarxjA
J
Nicholas $e'li
RIS
ASSOCIATEMEMBERS
Joseph Barbeas -- (/Z
Bonnie Belau17
CONDITIONS:
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CITY OF SALEM, M CITY OF SALE$l AWA WSETTS
CLERK'S OFFICE T CLERK'S OFFICE
BOARD OF APPEAL
1003 FEB 10 P145 l '1003 FEB 10 P h 45
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Affnrs
TO THE BOARD OF APPEAL: .
The Undersigned represent it at he/she is/are the owners of a certain parcel of land located at:
6 k5 e Street; Zoning District k-D
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed I ave been submitted to the Inspector of Buildings in accordance with Section DC
A.I of the Zoning Ordinance.
The Application for Permit was denie .by the lnapector of Buildings for the following reason(s):
laps
nll /u S9ua.e �e�t gho. E required r-eaL,(a1
Please ;e e a t ba zd Plot p/0.r Con lc�rn;�� p��pus�d
The Undersigned hereby petitions th Board of Appeal to vary the terrhs of the Salem Zoning Ordinance and/or the
Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the
enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to
the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
r� rn Ve r � e) � osr L
rex- 1� IL T-he ' L
a e V,/ l � I c�
be 30/0 ( n67- 0 a C�
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ofT � � ( lo eco
(PLEASE PRINT) A
Owner: d h en Petitioner: �/fr('ndo �4v,a 6P l �enrnc�r_
/C ivy, 6 s+tee e
Address: Address: +
Tel.No. 9 - 7 - 3 S Tel. No. 4 7 R- - 7 4q- 3 9 e 7
� clyye� lc� c. rtt
By. (E- ,'�a ura)
Date:
This original applicationmust be ed with the City Clerk. A certihed copy of this petition will be returned tc
petitioner at the time of filing with a City Clerk. to then be filed with the Secretary of the Board of Appeal , foul
weeks prior to the meeting of a Board of Appeal, along with. a check for advertising in the amount o
$ ,made payab a to the"Salem Evening News".
ATRUE COPY-
ATTEST: X17 :q d q-
.1130
CITY CLERK
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DAVID °s�� 21 Balcomb Street
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TERENZONI Salem, MA
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