5 BALCOMB STREET - LATOCCH, RICHARD & LINDA - ZBA 5 Balcomb"'St. B-1 /R-2
Richard & Linda LaTouch
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DECISION ON THE PETITION OF RICHARD & LINDA LATOUCH
FOR A SPECIAL PERMIT AT 5 BALCOMB ST. (B-1/R-2)
A. hearing on this petition was held October 29, 1986 with the following Board
Members .present: James Hacker, Chairman; Richard A. Bencal, Secretary; Messrs. ,
Fleming, Luzinski and Strout. 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 petitioners, owners of the property, have requested. a Special Permit in order
to convert a two family dwelling into a three family dwelling. The site is
zoned B-1/R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, ex-
tension, 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.
The hoard of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . a petition of support signed by neighbors, abutters and
others was presented;
2. No opposition was presented at the hearing;
3. The petitioner purchased the property approximately six (6)
years ago when it was in disrVpair and has made the property
very presentable.
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 . The proposed third unit will not be substantially more
detrimental to the neighborhood;
2. The proposed third unit will promote the convenience and .
welfare of the City's inhabitants.
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DECISION ON THE PETITION OF RICHARD AND LINDA L.L...-OUCH
FOR A SPECIAL PERMIT AT 5 BALCOMB ST. , SALEM
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Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested subject to the following conditions:
1 . A legal building permit be obtained;
2. construction must be done as per the plans submitted and
amended at the hearing reflecting the change of the kitchen,
living area and bedroom area;
3. Five (5) legal size parking spaces be maintained on premises;
4. All construction conform to all applicable provisions of the
Massachusetts State Building Code;
5• All provisions of the Salem Fire Department regulations relative
to smoke and fire detectors be adhered to;
6. A Certificate of Occupancy 'must be, obtained.
SPECIAL PERMIT GRANTED
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'Richard A. Bencal, Secretary i
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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 MASC.
GENERRAL LAWS, CHAPTER 809, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING i
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. I
PURSAaT TO 1;655. CE!t E^;L LAV S. CHAFTER EDS, SECTION 11, THE VARIANCE OR SPECIAL PERL:IT
GRAniED HCREIN. SHALL NOT TAb:E EFFECT UNTIL A COPY OF THE DECISION. BE.AR!f;G THE CERT
FICATION OF THE CIfY CLERA T.'.AT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SJ-,H AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISM1!ISS`_D OR DENIED IS
RECORDED IN THE SWfH ESS[% R&ASTRY CF LEEDS AND INOE%ED UNDER THE NAME OF TFIE OVaIEC
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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