33 BALCOMB STREET - KALIVAS, JON & STEVE - ZBA 33 Balcomb St. R-2
Jon & Steve Kalivas
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r fy COVOJ,A.:�r
of Satem, $tt �rxtl�xz s
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Pnttrb of c�`P3�� '84 APR 11 . P3 -t!2
DECISION ON THE PETITION OF JON & STEVEN KALIVAS Faly
A SPECIAL PERMIT FOR 33 BALCOMB ST. , SALEM c .i h�.--
A hearing on this petition was held on March 28, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs., Hopper, Strout and Associate
Member Bencal. 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.;
Petitioners are requesting a Special Permit to convert an existing two family _
dwelling into a three family dwelling in this R-2 district.
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, extension or
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.
The Board of Appeal, after consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . No opposition was raised to petitioner's plan by neighbors;
2. Premises were used as three family prior to the .purchase of the
property by the petitioners.
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 use of the premises as a three family will not be
substantially more detrimental than the existing use to the neighborhood;
2. On parking is available.
DECISION ON THE PETITION OF JON & STEVEN KALIVAS
FOR A SPECIAL PERMIT FOR 33 BALCOMB ST. , SALEM
page two •84 APR
Therefore, the Zoning Board of Appeal voted unanimously to graTat xheerspecial
Permit to convert to a three family dwelling on the oYlowng 'drips and conditions
1 . This Special Permit shall terminate and the building shall revert to a
two family dwelling if the property ceases to be. owner occupied;
2. . Petitioner shall maintain five on site parking spaces from Foster Court;
3. . A Certificate of Use and Occupancy shall be obtained prior_ to use of
the third unit;
4. There shall be no structural changes.
SPECIAL PERMIT GRANTED
es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILE WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM$ THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE-0"ASS_
GENERAL LMVS, CHAPTER 808, AND SHALL RE FILED WITHIN 20 DAYS AFTER THE DATE OF HUNG
OF THC3 DECMSiON IN THE OFFICE OF THE CITY CLERK.
73 ,.ASS. GEMJERAL LANE, CHAPTER 803, SECTION 11. THE VAP.!.A NCE OR SPEC:At PEP..TIIT -
GRk G l H-:'.E.N. SHALL NOT, TALE EUECT WML A COPY OF THE=wIS!ON. !?FARING THE CERT-
F!OAT:'N OF THE CITY CL ER!( THAT 20 OAYS HAVE ELAPSED AN: ;:0 APPEAL HAS SEEN FU-ED,
OR TH=.T. !F SUf,H AN APPEAL HAS BEE. FILE, THAT IT HAS OEEN D!SGISSED CP CEN:ED IS -
RM". 'ED IN THE SOUTH ESSEX RECISTSY OF DEEDS AND INDEXED UNDER THE NAME. OF THE OWNER'
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE Or TITLE
BOARD OF APPEAL