50 BALCOMB STREET - ZBA 50 Balcomb St. R-2
/ John & Esther Martins
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DECISION ON THE PETITION OF JOHN AND ESTHER MARTINS FORA Cl7Y 6LERK,G4iFk A39.
VARIANCE AT 50 BALCOMB STREET (R-2)
A hearing on this petition was held on April 20, 1988 with the following Board
Members present: James Hacker, Chairman; Bencal, Fleming and Associate Member
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.
Petitioners, owners of the property, are requesting a variance to allow the
continued use of the property as a three family dwelling. They have utilized
the property since 1983 as a three family dwelling under a variance
previously granted by the Zoning Board of Appeal. The property is located in
a R-2 district.
The Variance which has been requested my 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 in-
volve 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. There was no opposition voiced at the hearing
2. There has been no detrimental effect on the neighborhood over the
past five (5) years.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of concludes as follows:
1. Special conditions exist which especially affect the subject property
but do not affect the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
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.
DECISION ON THE PETITION OF JOHN AND ES= MARTINS FOR A
VARIANCE AT 50 BALCOMB STREET, SALEM
Page Two
Therefore, the Zoning Board of Appeal voted unanimously, 4 - 0, to grant the
Variance requested, subject to the following terms and conditions:
1. The Petitioner must maintain at least four (4) on-site parking spaces.
2. All the requirements of the Salem Fire Department be met by the
Petitioners.
GRANTED
James M. Fleming, EEfy_
Vice-Chairman, Zoning Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AFFE,L FRO.!.' THIS DECIEICN IF A';Y ;41.LL BE I,,"nE p0RS'J NT TO SE;"ION 17 CF THE _
C E:;E:i,L LA�:S , F67 £:L A J SH=_L PE FILED C^.in 2u NrS A`:7 THE C<TE Cr
u= T'•:S 01,[S�..G E; 1I1E Ci F ;E TI.0 CITY CLEFP
N 71'E V: .LE Cr _
4E _B.; CS iS q___h')E:1 APPJr L,;: _ :"11NER S LERTIH04TE GF TiiLE.
BOARD OF AFPMS+
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h BOOK7 V?9 PAGE 571
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=i prl (9ttg of Salem, fflassar4usetts
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72ourb of
DECISION ON THE PETITION OF JOHN M. MARTT'py YW 16 P 3 :03
VARIANCES FOR 50 BALCOMB STREET
A hearing on this petition was held April 27, 16AY It�R,v tip -plowing Board
Members present: James Hacker, Chairman; Scott Chainnasl,IActing Secretary, Messrs.
Hopper, Luzinski, Bencal. Notice of this hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
The petitioner has requested a variance for the property in question to allow, the
premises to be converted from a two-family to a three-family dwelling. Petitioner
has also requested a variance from the minimum parking requirements.
The Board of Appeal, after consideration of the evidence, presented at the public
hearing and after viewing plans of the property, makes the following findings of fact:)
1. No opposition was raised to petitioner's plan by neighbors;
2. The proposed use of the property is consistent with that of
surrounding lots.
On the basis of the above findings of fact, and the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1. The property in question is unique because of it's size and
configuration;
2. The conditions above described especially affect the land in
question but do not generally affect the zoning district in which
the land is located;
3. The conditions described above which affect the land in question, but
not the zoning district generally, causes special financial hardship
to the petitioner;
4. The desired variances may be granted without substantial detriment to
the public good.
Therefore, the Board of Zoning Appeal voted in favor of granting the variances
requested by petitioner. The Board grants variances to the petitioner under the
following terms and conditions: I
1. Petitioner may convert the premises to a three-family dwelling;
2. The property may have less than the minimum amount of parking spaces
otherwise required by the Salem Zoning Ordinance, but may not have less
than four (4) on-site parking spaces;
I
Now
DECISION ON JOHN M, BOOM. pg
MARTINS F GE
VARIANCES FOR 50 BALCOMB STREOR
ET
3, Petitioner must obtain a Certificate of Use
for the premises
and Occupancy
ner
st
4, in
taloareas structuruof the vide A.Cctu hardwired ept'ectVical, smoke detector
e; and
:. 5, These s
variances will automatically
from the date of the automatically ex e t n to petitioner's ri filing °f this decision ��u�j(5� Years
after their ex ght to request suc • without prejudice
expiration. �! a e
�!PSb3FFWted again
SALEPI IBC
Scott •Z""Z
E. Charnas, Acting Secreta2.-y
APPEAL TROIA THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CENVAL LAWS, CHAPTER 888, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF TIIIS DECIS!ON M THE OFF(CE OF THE CITY CLERK.
PURSANi TO t'ASS. CENEPAL LA4�S, CRAPTER 809, SEC^SN 11, THE VARIANCE 0.9 SPECIAL PERMIT
GP,A4)ED HERHlt, SHALL NV UeSE EI)ECT 117ML A COPY OF THEDM"'I-N, BEA"IRS THE CERT-
FICATION OF THE C!iY CLEPI( THAT 20 DA'fS HAVE ELAPSEO Art') NO APPEAL HAS BEEN FILED,
OR THAT, IF SUSII AR APPFAL HAS BEEN FILE, THAT IT HAS DEEP! 00.1'13SEO OR OEHEO IS
RECDREG IN THE SOUTH ESSEK Rc3ISTRY OF DEEDS AND INDEXED Ui;OER THE GAVE OF THE OWNER
OF RECORD OR IS RECORDED AHO NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH
THE CITY CLERK,
THE PLANNING BOARD AND
Date auRe
B. 1983 J
1 f o:-A�ertify that 20 days
ho'dd inst Y have expired
an was receied
RPE•
. , .>.,r. t t•tQT
offica _. 1 has been filed in this
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