32-34 SALEM STREET - ZBA (2) 32-34 SALEM STREET
CARLOS ESPINAL
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DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 32-34 SALEM STREET R-3
A hearing on this petition was held July 19, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis, Stephen Harris and
Stephen Buczko. 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.
The petitioner is requesting a Variance from relief from parking and from density to make
a three family for the property located at 32-34 Salem Street located in an R-3 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. The petitioner appeared and represented himself at the hearing.
2. The property is an existing non-conforming use in a R-3 district
3. Two letters in opposition were presented at the hearing by Mr. J. Martin and Mrs.
Jean R. Martin of Park Street in Salem.
4. The petitioner is providing off street parking to the tenants. However the parking plan
submitted was found by the Building Inspector not to be in compliance with the City
of Salem parking ordinance.
5. The allowance of this petition would not be a detriment to the neighborhood.
DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 32-34 SALEM STREET R-3
pagetwo
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning 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 Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state stature ordinances, codes and codes
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
5. A Certificate of Occupancy shall be obtained.
6. Parking spaces will be marked and painted.
Variance Granted
July 19, 2000 � /�
W
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Stephen Harris, Member
Board of Appeals
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DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY 32-34 SALEM STREET R-3
page three
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
Massachusetts General Laws 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
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 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.
Legal Notice
CITY OF SALEM
t - BOARD OF APPEAL
745.9595,EXT.381
Will hold a public hearing for all
,persons interested in the petition sub-
mitted by Carlos Espinal requesting a
Variance from relief for parking
and density to make a three family I
dwelling for the property located at
32.34 Salem Street R-3. Said hearing
to be held Wednesday,July 19, 2000
at 6:30 P.M., One Salem Green, 2nd,
Floor.
Nina Cohen,Chairman
(7/5,12)
7/6/00
Nina Cohen
:Regarding the variance for Carlos Espinal to make a three family.
I John E. Martin am opposed of Carlos Espinal marking 32-34 Salem St. a
three family dwelling . The area is already to condensed . This neighborhood
does not need additional units.
John E. Martin
32 Park St.
Salem, Ma. 01979
Nina Cohen
:Regarding th variance for Carlos Espinal to make a three family.
I Jean Martin am opposed of Carlos Espinal marking 32-34 Salem St. a three
family dwelling . The area is already to condensed . The point does not need
additional units.
Jean R. Martin
34 Park St.
Salem, Ma. 01979
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