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Legal Notice 1
CITY OF SALEM
BOARD OF APPEAL
745.9595 EXL 361 j
.. Will hold a public hearing for all
persons interested in the petition sub-
mitted by EDWARD PLECINOGA
requesting a Variance from use to
allow a second unit with a new stair- I
case to be allowed for the property '
. located at 107 COLUMBUS AVENUE
R-1. Said hearing will be held on
- WEDNESDAY,SEPTEMBER 21,2005
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
(9(7,14) Chairman
b r
CITY OF SALEM9 MASSACHUSETPT�Q!
BOARD OF APPEAL C
LERH S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 n STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 ,L��J St° 30 I
MAYOR FAX: 978-740-9846 A
DECISION ON THE PETITION OF EDWARD PLECINOGA REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 107 COLUMBUS AVENUE R--1
A hearing on this petition was held on September 21,2005, with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Hellides, Robin
Stein and Bonnie Beliar. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from use to allow a second unit with new
staircase to be allowed for the property located at 107 Columbus Avenue located in an
R-1 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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 substantiallyderogating 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. Petitioner Edward Plecingia of 166A Ocean Avenue sought a use variance to
allow a second dwelling to be created in the house he grew up in on Columbus
Ave in Salem. As grounds for this request, Mr. Plecinoga states that real estate
taxes and other expenses have gone up and he and his wife would like to move
in with his sister to share expenses.
2. With his application, Mr. Plecingia submitted a computerized image showing how
alteration to the rear of the dwelling would enable his to install a second interior
staircase without substantially changing the existing roof line.
'i
Cl ALEH, MA
DECISION ON THE PETITION OF EDWARD PLECINOGA REQUESTING ACLERKS OFF'16E
VARIANCE FOR THE PROPERTY LOCATED AT 107 COLUMBUS AVE NUE R-1
page two
1115 SFP
On the basis of the above findings of fact, and on the evidence presented at the healAg,A q: j 8
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
SEPTEMBER 21, 2005
�6v��
Nina Cohen, Chairm �
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 the 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 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it 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 owners Certificate of Title.
Board of Appeal
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PLOT PLAN OF LAND
107 COLUMBUS AVENUE
FS'r'ONAL tk%OSg SALEM, MA
PROPERTY OF
I CERTIFY THAT THE BUILDINGS EDWARD G. PLECINOGA &
HEREON ARE LOCATED ON MARIJANE C. PLECINOGA
THE GROUND AS SHOWN. SCALE 1" = 20' JUNE 1, 2005
L NORTH SHORE SURVEY CORPORATION
-q-lkS �_JC�( h 14 BROWN ST., SALEM, MA
DATE i REG. PROF. LAND SURVEYOR #2507