10-12 LEACH STREET - ZBA 10-12 LEACH STREET �1
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1999 MAR -3 A fQ 12
DECISION OF THE PETITION OF SCOTT MOORE REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED AT 10-12 LEACH STREET R- 2
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and
Stephen Harris. 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.
Petitioner is requesting a Variance to convert two family dwelling to a three family for the
property located at 10-12 Leach Street located in an R-2 zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petition was continued from January 20, 1999 Zoning Board meeting.
2. Petitioner, Scott Moore represented himself.
3. A variance was requested to convert a two family dwelling to a three family dwelling
in an R-2 district.
4. Request for a Special Permit was withdrawn.
5. Plans for the third floor were submitted. There will be no enlargement to the building
or changes to the exterior. All construction will be done to the interior of the third
floor to make room for a bathroom and a galley-style kitchen.
DECISION OF THE PETITION OF SCOTT MOORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 10-12 LEACH STREET
page two
6. Plans for parking arrangements were submitted. Gail L. Smith, of North Shore
Survey Corp. prepared plot plan, with diagramed parking spaces. Plot plan
Displayed five legal parking spaces (4.5 spaces are required).
7. Scott Moore, the petitioner, claims that he will live in the third floor apartment
and rent the other two floors. He also stated that his plans were for the property
to continue to be owner occupied. Petitioner's arguments also addressed the
fact that there are a number of existing mulit-family residence in the
immediate area.
8. Petitioner claimed that he would have difficulty with mortgage, maintenance, and
upgrades to the property without variance approval.
9. Bill Kelley, Ward Counselor, was opposed to the variance request. He cited on-
street parking area density problems, and transient tenants as the reasons for
his opposition.
10. Gary Moore, Manager of Winter Island, spoke in support of the petition.
11. Don Moore, 155 Ford Avenue, spoke in favor of the petition, He is the father of
the petitioner and claims that their family has lived in the ward for over 20 years and
that the petitioner has no intention of leaving the area.
12. Joseph Riley, former landlord of the petitioner, provided a letter in which he favors
the petition and spoke highly about the petitioners character.
13. Reid Cutting, Marblehead Selectman, provided a personal reference letter on
behalf of the petitioner.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 4-1 to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
Regulations
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to. —:
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3. The petitioner shall obtain a building permit prior to beginning any construction.:
4. A Certificate of Occupancy is to be obtained. D i
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DECISION OF THE PETITION OF SCOTT MOORE REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 10-12 LEACH STREET R-2
page three
5. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector,
6. The parking lot area (the driveway) must be paved and maintained in order to
provide five (5) parking spaces for the property.
Variances Granted
February 17, 1999 -
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Michael Ward
Board of Appeal, Member
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
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