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April 22, 1991
Leonard Femino
Assistant City Solicitor
One School Street
Beverly, MA 01915
Re: 5 Balcomb Street
Dear Len:
On March 20, 1991, the Board of Appeal denied the application of Fernando Gomes
for a Special Permit to convert a two family to a three family dwelling at 5 Balcomb
Street. The reason for denial was because Mr. Gomes did not attend the hearing to
present his case.
In accordance with MGL Chapter 40A, Section 16, Mr. Gowen filed an application
with the Planning Board for a Determination of Specific and Material change in order for
his application to be considered by the Board of Appeal again without waiting two years.
On April 18, 1991, the Planning Board met to discuss this application. The Board
expressed concerns over using MGL 40A, Section 16 for this case because there really has
not been a "specific and material change" to the petition. The change would be that Mr.
Gomes now knows that he should attend the Board of Appeal hearing. However, Mr.
Gomes did not attend the Planning Board hearing to discuss his application with the Board
so the Board could not be sure he would attend the Board of Appeal hearing.
Mr. Gomes does not speak English very well and has been offered the assistance of
an interpreter for his appearances before City Boards, which he declined.
The Planning Board would like to request that you send a letter to the Board of
Appeal requesting them to hear this petition again because a fair hearing was not granted
by the Board of Appeal.
If you have any questions regarding this request, please do not hesitate to contact
Beth Debaki at (508)745-9595 ext. 311.
Sincerely,
lVaAkAll. &" 17z
Walter B. Power, III g•D
Chairman
M17WP