26 READ ST CHAMPLIAN ROAD - BUONFIGLIO, JOHN & CYNTHIA - ZBA Champlain Rd. RC/R-1
a/k/a 26 Read St.
\ John & Cynthia Buonfiglio-P
Lucy Belfiore Owner
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DE.CISTON ON THE PETITION OF JOHN & CYNTHIA. BuOIFIGLIO FOR
A VARIANCE AND SPECIAL PER[iIT ON CHAMPLAIN ROAD
A hearing on this petition was held October 29 , 1985 and continued, with the
consent of the petitioners, for additional public hearing on November 12, 1986.
The following Board Members were present: James Hacker, Chairman; Messrs. , Bencal,
Fleming, Luzinski and Strout. Notice of the hearing was sent to abutters and
others and no;ices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
The petitioners, represented by Attorney Robert A. Ledoux, are requesting a
Special Permit to subdivide the existing lot, resulting in one further noncon-
forming lot (Lot A on plan submitted) and a Variance from minimum lot area, lot
width, front yard and side yard requirements of the den4j,ty_ regulations of
Table I, Section Vh of the Zoning Ordinance, allowing construction of a single
family dwelling on"the second lot, (Lot B on plan submitted) . The existing lot
is partly in an R-C district and partly in an P.-1 district
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V 10, which provides as follows:
t - 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 that the existing nonconforming use to the neighborhood.
In more Reneral terms,--this Board is, when reviewing Special Permit requests.
euided 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 Variance which has been requested may be granted upon a finding of 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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 purposeofthe Ordinance.
DECISION ON THE PETITION OF JOHN & CYNTHIA BUONFIGLIO FOR
A VARIANCE & SPECIAL PERMIT FOR CHAMPLAIN ROAD, SALEM
PAGE TWO
The Board of Appeal, after careful consideration of the evidence presented at ne
hearing and after viewing the plans submitted, makes the following findings
of fact:
i . Substantial opposition was presented by abutters Stephen
and Joan Lovely;
2. The plan, as presented, would adversely affect the neighborhood,
possibly encroaching on wetlands which are part of a local drainage
control project;
3. The petitioners have failed to show sufficient facts for this Board
to find that substantial hardship would result from the denial of
the request for a variance.
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 grant of=the requested Special Permit would not promote the
public 'health, safety, and welfare, of the City's inhabitants;
2. The relief requested cannot be granted without substantial detriment
to the public good and without nullifying or substantially derogatin_
from the intent of the district or the purpose of the Ordinance;
3. Literal enforcement of the provisions of the Zoning Ordinance would not
- involve substantial hardship to the petitioners.
Therefore, the Zoning Board of Appeal voted three to two, 3-2, (Messrs. , Flem-ing
and Bencal voting in opposition to granting the requested-Special Permit and
Variance) , the petitioners failing to carry the four (4) votes necessary to
_ - grant the requested Spacial Permit and Variance. Therefore, the Special ➢e...,..-_t
and Variance are denied. -
SPECIAL PERMIT & VARIANCE DENIED
t .
dames M. Fleming, sq.
`/N,ember, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROi! THIS DEETSI^ft: iF A..7:1'. SHr'._L PE h`.P.DE PDRSUA.N? TO SEDP.O!i 17 OF
_ - FENEKAL LAVIS, CHP.P ER 8_2, AND SH.'.'_ S _F7 lr HI!J 20 DAYS P.:iE4 THE Di_.Tr OF F!! - -OF THIS DECISION 16 THE 'OFFL ^' TiiE CITY CLERK. - - - -
;, PJ-,SF.!.i TO ,:.;;5. ter;,_ L..::, , .'TED E5.,. $ _T'N 11. THE IRR:AN CE 0; SPECIAL F,RaiT .
EFFECT U'.TIL A COPY OF TFE.'_CIS:' °car a. rc ^_7T ._ .�
r - - - - FILATIDJ L iE-_ Cl-y t:.: D,.:'S t ELc.'P:D r0 1d^ Ar'PEPI HA- D_Ei FILED.
_- R.THi T, IF S':E r APP;-.','. H-S p. 'HAT IT 'VS_.LES: O,i;..:.:__ED di_.' IS
Cb=.:.E� I'; Ttie S„J:H ESSEi: R� izi� iEEDS AQ L�DE`ED U'v_, _ .� .. .,r THE C7(ie EP,
OF RECORD OR IS RcbJRDED AND NOTED CN`THE OF';NER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL_
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