5 BALCOMB STREET - GOMES, VIRGINIA & FERNADO - ZBA F,t -'a',:
5 Balcomb St, R 2
VirgnYa & Fernando Gomes'. _ --- -
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(Cita of �ttlem, fttssarllusetts
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'91 APR -3 P3 :07
DECISION ON THE PETITION OF FERNANDO AND VIRGINIA GOMES FOR CITY CI.ERk'S OFFICE
VARIANCES AT 5 BALCOMB ST. (R-2) SALF"I M A'>S
A hearing on this petition was held March 20, 1991 with the following Board Members
present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio and Mary Jane
Stirgwolt. 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 Mass-
achusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting Variances to convert a two
family dwelling to a three family dwelling in this R-2 district.
The Variances which have been requested may be granted upon a finding by 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 or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship 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 of the purpose of the Ordinance.
The Board of Appeal, after consideration of the application submitted and 'after
viewing the plans, makes the following findings of fact:
1 . Neither the petitioner nor his representative appeared at the hearing.
2. A Special Permit for a third dwelling unit had been prevously granted by this
Board but the project was not completed.
3. A subsequent zoning amendment made it necessary to obtain a variance rather
than a Special Permit for the addition of a third dwelling unit.
On the basis of the above findings of fact, and on the evidence available, the
Board of Appeal concludes as follows:
1 . There was insuf.ficient. information made available to the Board of Appeal
to enable them to conclude that Special conditions and circumstances exist
which especially affect the subject property and not the district in general;
or that; literal enforcment of the Ordinance would involve substantial hardship
to the petitioner or whether the granting of the Variance would substantially
derogate from the intent of the district, the purpose of the Ordinance and be
substantially detrimental to the public good.
A�
J'
DECISION ON THE PETITION OF FERNANDO & VIRGINIA GOMES FOR
VARIANCES AT 5 BALCOMB ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted one in favor (Mr. Febonio) three
opposed (Mr. Bencal, Mr. Correnti and Ms. Stirgwolt) . The motion to grant. having
fai1Pr+ to garner tha requirement four affirmatives votes to pass, fails and the
Variances are denied.
VARIANCES DENIED
March 20, 1991
C�
Mary M
Stirgwolt, ember, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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npaeal from this decision,If any,shall be made pursuant to Section 17 of
LU f'1 Q`` the mass. General Laws,Chapter 808,and shall be tiled within 20 days
LU ck: after the date of filing of this decision in the office of the City Clerk.
11 9z __j-j
Pursuant to Mass. General-Laws, Chapter 808, Section il,the Variance
}N or Foecial Permit granted herein sh^.II not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days have
Q� c j elapsed and no appeal has been filed, or that, it such appeal has been
filed, that it has been dismisseG or denied is recorded in the South Essex
Registry of Deads 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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