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1999 MAR 24 P
DECISION ON THE PETITION OF PILGRIM REALTY TRUST & RUGGLES-
KLINGMAN MANUFACTURING REQUESTING A VARIANCE FOR THE PROPERTY
LOCATED AT 27-29 BALCOMB STREET AND 6 FOSTER COURT—R-2--N
A hearing on this petition was held on March 17, 1999, with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael
Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requesting Variances for lot area, lot area per dwelling unit. Lot width,
side yard & rear yard for a resubdivision for the property located at 27-29 Balcomb
Street and 5 Foster Court.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
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
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1. Petitioner, represented by George W. Atkins, sought variances for lot area, lot per
dwelling unit, frontage and side and rear setbacks to allow resubdivision of the
property formerly used as apart of a manufacturing plant. Petitioner's plan is to
create six residential lots on the site.
2. Petitioner received approval form the Planning Board to create three lots, which meet
all the requirements of the zoning ordinance. The fourth lot, Lot D, is slated for
further subdivision to allow construction of a noe-family residence and two-family
residence. Both of these proposed units require variances. In addition, the
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DECISION OF THE PETITION OF PILGRIM REALTY TRUST & RUGGLES—
KLINGMAN A VARIANCE FOR ft
PROPERTY nLOCATED AT 27-29 BA COMANUFACTURING INC. REQUB STR ESTING ET-5 FOSTER COURTVAR 24 P 2: QO
page two
proposed plan would add acreage to an existing two-family residence in such a way as
to create a new lot that also requires a variance of the lot area per dwelling unit
requirements.
3. Testimony by neighbors and abutters were presented to the effect the site is plagued
by drainage problems. Petitioner affirmed that the City of Salem owns a drainage
easement running diagonally across the property. The easement does not cross Lot .
D, however, drainage problems are experienced by surrounding homeowners.
4. The following homeowners spoke in opposition to the proposed subdivision: Mary St.
Pierre, 6 Locett St., Nancy Fabiszewski, 26 Balcomb St., Mary Courtney, 2 Foster Ct.
and James Poppy of 27 Bradford St. They were supported in their opposition by
Ward Councillor Sally Hayes. Issues raised concerned the increase in density to the
neighborhood, which are predominantly one of single family homes, the potential for
further and damaging drainage problems, and the detrimental public safety effect of
numerous additional cars using the narrow access roads. Additionally, the
homeowners stated that petitioners failed to show a hardship that would meet the
ordinance's requirement
On the basis of the above findings of fad, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship to the petitioner.
Therefore, the Zoning Board of Appeal voted 5 in opposition and 0 in favor to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
March 17, 1999A /� (O� ��k`
Nina Cohen, Chahman
Member, Board of Appeal
f
DECISION ON THE PETITION OF PILGRIM REALTY TRUSE & RUGGLES-
KLINGMAN MANUFACTIRING INC.REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 27-29 BALCOMB STREET- 5 FOSTER COURT
page three
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 MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant 4o MGL Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing
the Certification of the City Clerk that 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owners Certificate of Title.
Board of Appeal
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II
DECISION ON THE PETITION OF ROY F. GELINEAU, TRUSTEE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 27-29 BALCOMB STREET (R-2)
A hearing on this petition was held March 20, 1996 with the following
Board Members were present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill and Associate Member Joseph Ywuc.
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.
At the request of the petitioner's Attorney Richard Stafford, the
Board of Appeal voted 5-1, to grant leave to withdraw this petition
for a Variance to convert a (2) two family dwelling into a (3) three
family dwelling for the property located at 27-29 Balcomb Street.
Granted leave to withdraw without prejudice.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 20, 1996
Stephen C. Touchette, Chairman
Board of Appeal
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 40A, and shall be filed
within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws
Chapter 40A, Section 11, the Variance or Special Permit granted
herein shall not take effect until a copy of the decision bearing the
certification of the City Clerk that 20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal