4 BUENA VISTA AVENUE - ZBA 4 BUENA VISTA AVENUE
GAETANO COL01BA
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all
persons interested in the petition sub-
mitted by GAETANO COLOMBA
requesting a Variance from noncon-
forming structure to be able to expand
for the property located at 4 BUENA
VISTA AVENUE, WEST R-1. Said
hearing to be held WEDNESDAY,
APRIL 21, 1999 at 6:30 P.M., ONE
' SALEM GREEN,2nd FLOOR.
Nina Cohen,Chairman
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OF SALEM,
aK s OFFICER
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Pnura of �Aupeal
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DECISION ON THE PETITION OF GAETANO COLOMBA REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 4 BUENA VISTA AVENUE WEST R-1
A hearing on this petition was held April 19, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and
Paul Valaskagis. 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 requests a Special Permit to extend an existing nonconforming structure for
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the property located at 4 Buena Vista Avenue West R-1.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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 derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
Y S�LEM, MA
CLERK'S OFFICE
DECISION ON THE PETITION OF GAETANO COLOMBA REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BUENA VISTA IVtf Lrg A IO: 34
WEST R-1
page two
1. The petitioner, Gaetano Colomba, is a trustee of the Buena Vista Realty Trust,
the owners of the property located at 4 Buena Vista Ave. West. The petition was
presented by Gaetano Colomba.
2. The petitioner seeks special permit to extend an existing nonconforming structure
at 4 Buena Vista Avenue West
3. The dwelling structure will be modified by the addition of front and rear dormers,
anda deck on the front second floor level.
4. The subject property is located in an R-1 District.
5. In 1996, the Zoning Board of Appeal ruled in favor of a petition of a petition for
similar relief;however, the changes were not made and the granted relief lapsed.
6. No opposition to the petition was presented.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows: i
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on 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.
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
Y 0; Salt
CLERK'S OF
DECISION OF THE PETITION OF GAETANO COLOMBA REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 4 BUENA VISTA AVENUE WEST
page three 1949 APR 23 1
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Special Permit Granted
April 19,1999 04 cgcf�
Stephen Buczko
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 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