21 1/2 GOODELL STREET - ZBA 21 1/2 GOODELL STREET
ANA PAULA BORGES
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- Will hold a public-liearing for=all_
persons uterested to the-petition sub-_
gutted byAna.PaubiBorgesrequest- .-
-ing-a Variance/Special Permit from -,
rear setback-to construct a 17 x-17_-f__
;singiestoiy-additlou fgr.tlie property'
-located-At 2i-1/2 Goodell Street R-2.
'Said hearing to_be_held.Wednesday.
`---February 17,`1999;at 6:30 P.M:-One
°,Salem Green,2nd Floor 9r
----- -- Nina Cohen =_
Chairman _-_-
(2/110)
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M9 FEB 24 P 2: 16
DECISION ON THE PETITION OF ANA PAULA BORGES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 21 'Y2 GOODELL STREET R-2
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and
Stephen Hams. 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 from rear setbacks to construct a 17 x 17 single
story addition for the property located at 21 '/ Goodell Street.
. 9
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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.
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:
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DECISION ON THE PETITION OF ANA PAULA BORGES REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 21 % GOODELL STREET
page two
1. The petitioners Ana Paula and Carlos Borges are owners of the property
located at 21 % Goodell Street. The petition was presented by Carlos Borges
and his architect.
2. The petitioners seek a special permit from rear setbacks to allow an extension of
a nonconforming structure to construct a 17 x 17 single story addition.
3. The subject property is located in an R-2 District.
4. Mr. Borges indicated that the addition would not include a basement.
5. Mr. Richard Bencal of 19 Goodell Street expressed concern regarding a ground
Water problem in the area, questioned the use of the addition, and asked that
restrictions be placed on the hours of construction if the special permit were
granted.
6. Mr. Borges indicated that the addition will be used as a living room
7. Mr. Borges agreed to install a dry well to handle run off from the room of the new
addition.
8. It was determined that lot coverage provisions were not exceeded.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the 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 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 safer
Shall be strictly adhered to. m r ,
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DECISION OF THE PETITION OF ANA PAULA BORGES RQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 21 'Y2 GOODELL STREET
page three
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.
7. Hours of construction shall be limited to 9a,m, - 5 p.m. Monday thru Friday. No
Construction shall be allowed on Saturdays, Sundays or Holidays.
9. Petitioner shall install a dry well to handle run off from the roof of the addition.
Special Permit Granted
February 17, 1999
Stephen Buczko C'SC h
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
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