22 IRVING STREET - MOSCA, JOSEPH - ZBA Joseph Mosca
22 Irving St. R-2
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Of �2IIPm, C��ISs2IthuSPttB c -r
i`s �attrD of � ezil '84
Cir�
DECISION ON THE PETITION OF JOSEPH MOSCA FOR A ` .
VARIANCE AND A SPECIAL PERMIT FOR 22 IRVING ST. , SALEM
A hearing on this petition was held on October 24, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthieg
Luzinski 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 4OA.
Petitioner is requesting a Variance from square footage for and existing
building and a Special Permit to allow a fourth dwelling unit on the third floor
in this R-2 district.
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 petitioner; and
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 purposes of the Ordinance
4
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 conditons 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 exisitng 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 careful consideration of the evidence presented at
the hearing, makes the following findings of fact:
1 . Vigorous opposition was raised by neighbors;
DECISION ON THE PETITION OF JOSEPH MOSCA FOR A '
VARIANCE AND SPECIAL PERMIT FOR 22 IRVING ST. , SALEM
page two '$Q 7 P 3 P
2. There are no other three family homes in the neighborhood;
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3. This would exacerbate an already existing conge�ticn problem;
4. Petition failed to establish hardship.
Therefore, the Zoning Board of Appeal voted unanimously against the granting
of petitioner's request for a Variance and Special Permit.
VARIANCE & SPECIAL PERMIT DENIED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
17 OF THE Y:ASS.
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SHALL BE 1gITHliI 2D 0' ,
CLEFK. c C_E Cn SPECIAL PERf2HT
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