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CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970 0f�-
TEL. (978) 745.9595 `FO,
Fax (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
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DECISION OF THE PETITION OF SCOTT ENGLEHARDT REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LEACH
STREET R-2 O
A hearing on this petition was held July 14, 2004 with the following Board Members
present: Nina Cohen, Bonnie Belair, Joseph Barbeau, Stephen Harris and Edward
Moriarty.. 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 Special Permit to alter a nonconforming structure and a
Variance from front yard setback to construct a 2nrd floor addition for the property
located at 17 Leach Street in an R-2 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit Is section 5-3 (j), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests 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 Variances which have 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 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
of the Ordinance
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DECISION OF THE PETITION OF SCOTT ENGLEHARDT REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LEACH
STREET R-2
page two
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The Board of Appeal, after careful consideration of the evidence presented, and aft€r rn
reviewing the plans makes the following findings of fact: T:
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1. Petitioner Scott Englehardt is requesting a Special Permit to alter a noconforming o;>
to construct a and a Variance from the front yard setback to construct a 2ntl f{�r -n 1
addition. C.I.
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2. Plans were submitted showing the proposed construction.
3. There was no opposition to the proposed plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following 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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petition shall obtain a Certificate of Occupancy shall be obtained.
6. Exterior finishes of the construction shall be in harmony with the existing structure..
DECISION OF THE PETITION OF SCOTT ENGLEHARDT REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LEACH
STREET R-2
page three
Special Permit & Variance Granted
July 14, 2004
Stephen Harris
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
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July 07, 2004
City of Salem
Board of Appeal
Dear Chairman and Board Members:
I am the owner of property located at#15 Leach St. Salem, Ma. This property is located next
door to Mr. Englehardt.
I will not be able to attend the meeting, but wanted to show my full support in favor of his petition
for a special permit.
Sincerely,
Edward J. Gilmartin
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