46 Butler Street Decision (CLERK STAMPED) CITY OF SALEM MASSACHUSETTS
hf 9 BOARD OF APPEALS
98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 r a
TEL:978-619-5685
KIMBERLEY DRISCOLLco
MAYOR
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March 28, 2022 co
Decision
City of Salem Board of Appeals
The petition of GUSTAVO A. GOMEZ-GOMEZ at 46 BUTLER STREET(Map 16, Lot
116) (R2 Zoning District)for a variance from 4.1 Dimensional Requirements of the
Salem Zoning Ordinance to make the lot at 46 Butler Street less conforming by"selling"
a 3'x go'which is 270 sq.ft. section of the driveway to the adjacent neighbor at 44 Butler
Street. In a R2 zone 15,000 sq. feet is required and the lot will decrease in non-
conformity in size from 9,165 sq. ft to 8,895 sq.ft.
A public hearing on the above petition was opened on March 16, 2022 and was closed on
March 16, 2022.
On March 16, 2022, the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Peter Copelas and Steven
Smalley.
The petitioner seeks a variance from 4.1 Dimensional Requirements of the Salem Zoning
Ordinance to make the lot at 46 Butler Street less conforming by"selling"a 3'x 90'
which is 270 sq.ft. section of the driveway to the adjacent neighbor at 44 Butler Street.
Statements of Fact:
The petition is date stamped January 18,2022. The petitioner has requested a variance from
4.1 Dimensional Requirements of the Salem Zoning Ordinance to make the lot at 46
Butler Street less conforming by"selling" a 3'x go'which is 270 sq.ft. section of the
driveway to the adjacent neighbor at 44 Butler Street.
1. 46 Butler Street is owned by Gustavo A. Gomez-Gomez.
2. 46 Butler Street is located in the R2 zoning district. (Map 16, Lot 116)
3. The requested relief,if granted,would allow the Petitioner to sell a two
hundred and seventy(270)square foot section of their driveway to their
neighbor at 44 Butler Street.
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4. On March 16, 2022, Gustavo Gomez-Gomez presented the petition for 46
Butler Street to the Board.
5. Mr. Gomez addressed the board and discussed how his neighbors,when
converting their property into a two-family, needed an easement for their
property.
6. Mr. Gomez said that he was a part of getting the neighbors a special permit to
allow the easement on his property for the neighbors to use. However, after
some time had passed, Mr. Gomez felt that having an easement on his
property for his neighbors was no longer the best idea. Especially,when it
comes to trying to sell the property in the future. They are now, in essence,
tied to each other. Mr. Gomez would like to rectify that by"selling"his
property to the neighbors,which is why he is seeking a variance for the
property.
7. He is looking to sell the section of driveway so that both properties can be
legal and have their own driveway with property easements. Both properties
would have enough space to be legal driveways.
8. Peter Copelas asked why on the plot plan that the proposed area of sale for the
driveway did not extend all the way back to the property line. Mr. Gomez
responded that it was done that way because that was the space that was
needed when they had the survey done.
9. The relief, if granted,would allow the properties at 44 and 46 Butler Street to
each have their own legal driveways.
10. Chair Duffy expressed his understanding of the hardship requirement for a
variance and how it is a high standard to reach compared to a special permit.
However,the dimensional relief requested is so minimal that he felt that the
point of getting the neighbors their own section of driveway was in good
standing for this requested relief.
11. The meeting was opened to public comment.
12. The owner of 44 Butler Street, Erxhina Tafa, spoke to the board. She
confirmed that she and her husband were in agreement with Gustavo,46
Butler Street,that this was a good situation for both of their properties.
13. There were no more public comments.
14. Chair Duffy again reiterated that the dimensional relief sought was so
minimal and it would allow both properties to have legal driveways,that it
was a good request for relief.
15. Due to the ongoing COVID-19 pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. c. WA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the March 16, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Variance Findings:
1. Special conditions and circumstances especially affect the land,building,
or structure involved, generally not affecting other lands,buildings, and
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structures in the same district: The dimensional change is so minimal and
each property owner would get their own legal driveway.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant in attempting to put the property to
productive use.
3. 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 purpose of the ordinance.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted six
(6)in favor(Rosa Ordaz,Mike Duffy(chair), Peter Copelas,Carly McClain,Paul Viccica and
Steven Smalley)and none(o)opposed to grant GUSTAVO A. GOMEZ-GOMEZ at 46
BUTLER STREET a variance from 4.1 Dimensional Requirements of the Salem Zoning
Ordinance to make the lot at 46 Butler Street less conforming by"selling" a 3'x 90'
which is 270 sq.ft. section of the driveway to the adjacent neighbor at 44 Butler Street.
Receiving six(6) in favor votes,the petition for a variance is approved.
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be
strictly adhered to.
4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to,the Planning Board.
5. All construction shall be done per the plans and dimensions submitted to and approved by
this Board.Any modification to the plans and dimensions must be approved by the Board of
Appeals unless such changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
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Date APR 19 2022
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office. PUV
A True Copy Mike Duffy, Chair
Board of Appeals
ATTEST: CITY CLERK, Salem, Mass.
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
Massachusetts General Laws Chapter 4oA, and shall be filed within 20 days of filing
of this decision in the office of the City Clerk. Pursuant to the Massachusetts General
Laws Chapter 4oA, Section ii,the Variance or Special Permit granted herein shall not
take effect until a copy of the decision bearing the certificate of the City Clerk has been
filed with the Essex South Registry of Deeds.
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