55 BROAD STREET - ZBA (2) 1
55 Broad St. R-2
Robert Kobuszewski
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Citu of 'ttlem, flassar4usetts AUG
�3nttrb of Au}tettl tT
DECISION ON THE PETITION OF ROBERT KOBUZEWSKI FOR A
VARIANCE AT 55 BROAD STREET (R-2)
A hearing on this petition was held August 9, 1989 with the following Board
Members present: Richard Bencal, Acting Chairman; Messrs. , Febonio, Luzinski,
Nutting and Dore. 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, is requesting a variance to allow a carriage
house to be converted to a single family dwelling in this R-2 district.
The Variance which has 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 without substantial detriment to the public
good and without nullifying or substantially derogatinf from the intent of
the district or the purposes 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 proposal was opposed by abutters.
2. Carriage House could be used for a garage and/or storage.
3. No hardship was established.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject
property and not the district generally;
2. Literal enforcement of the provisions of the Ordinance would not involve
substantial hardship to the petitioner;
DECISION ON THE PETITION OF ROBERT KOBUZEWSKI FOR A
VARIANCE AT 55 BROAD STREET, SALEM
page two
3. The Variance requested cannot be granted '.without substantial detriment :o the
public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore the Zoning Board of Appeal voted one ( 1 ) in favor, four (4) opposed
(Messrs. , Bencal, Dore, Luzinski, Nutting) to the granting of the variances
requested. The request is denied due to the failure of the petitioner to obtain
the required the required four (4) affirmative votes.
DENIED
Peter Dore, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE Ch'I CLERK
Gppe.l from ;his decision. if any, shall be made p11j'su:nt to 5..ctlon 17 of
the Mass. General Laws, Chapter 808, and s'Iall be filed within 20 days
..tier the date of filing of this decision in the of the City Clerk.
to :Nass. General La:!s, Ch._u'^• .i08, S•=r;ion 11. the Variance
c• spec^.:i Permit grmted herein sbali not take alfrct until a copy of the
ilecision. beanna, the cert!fic�tion of the City C!?rk that 20 days have
,.apseo and no appeal has been filed, or that. if such appeal has been
tided, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL'
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