29-31 LEACH STREET - ZBA 29-31 LEACH STREET -I -
1
l�
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ezt 381
Will hold a public hearing for all w
persons interested in the petition sub-
mitted by GREGORY MAITLAND
requesting a Variance from number of 11
storiesto create a third floor dormer for `
the property located at 2931 LEACH l
STREET R-2.Said hearing to be held
WEDNESDAY,MAY 18,2005 AT 6:30
P.M., 120 WASHINGTON STREET, '
3RD FLOOR,ROOM 313. `
Nina Cohen
Chairman II
(514,11) p
b
I
CITY OF SALEM, MASSACHUS€j"W SALEM. MA
+ BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 p� p
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 .205 JUN'
A I& I8
�
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF GREGORY MAITLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 29-31 LEACH STREET R-2
A hearing on this petition was held on June 15, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Edward Moriarty, Stephen Pinto and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting a Variance from the number of stories to construct a 3`d floor
dormer for the property located at 29-31 Leach Street located in an R-2 district.
The Variance which has 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 and
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; and
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 and after
reviewing the plans at the hearing, makes the following findings of fact:
1. The house was a legal 4 family converted into 4 condominiums. The other three unit
owners are in approval of the project.
2. There was no opposition to the proposed variance.
On the basis of the above finding of fact, the evidence presented at the hearing, 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 Zoning Ordinance would involve
substantial hardship to the petition.
DECISION OF THE PETITION OF GREGORY MAITLAND REQUESTING A
VAIANCE FOR THE PROPERTY LOCATED AT 29-31 LEACH STREET
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances 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.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing .
structure.
6. There will be no roof deck allowed on the dormer.
7. A Certificate of Inspection is to be obtained.
Variance Granted ����
g�
June 15, 2005 Bonnie L. Belau 0011)Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
CITY OF SALEMv MASSACHUS€i77W SALEM. MA
Ulu BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 ( (}0
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ;1005 JUN'-21 'A 1*8
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF GREGORY MAITLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 29-31 LEACH STREET R-2
A hearing on this petition was held on June 15, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Edward Moriarty, Stephen Pinto and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting a Variance from the number of stories to construct a 3`d floor
dormer for the property located at 29-31 Leach Street located in an R-2 district.
The Variance which has 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 and
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; and
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 and after
reviewing the plans at the hearing, makes the following findings of fact:
1. The house was a legal 4 family converted into 4 condominiums. The other three unit
owners are in approval of the project.
2. There was no opposition to the proposed variance.
On the basis of the above finding of fact, the evidence presented at the hearing, 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 Zoning Ordinance would involve
substantial hardship to the petition.
n
DECISION OF THE PETITION OF GREGORY MAITLAND REQUESTING A
VAIANCE FOR THE PROPERTY LOCATED AT 29-31 LEACH STREET
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances 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.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing .
structure.
6. There will be no roof deck allowed on the dormer.
7. A Certificate of Inspection is to be obtained.
Variance Granted gBon�
June 15, 2005 L. Belair (S��J
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
May 24, 2005
Re: 29/31 Leach Street, Salem, MA
To Whom It May Concern:
We the undersigned(the Condominium Association) give permission to Gregory
Maitland to add a dormer and gabel/dog house to his attic space aspart of condo Unit#3,
and any other renovations needed to complete the project on the 3` floor as long as he
follows renovations to code with professional licensed contractors.
- d
U '
�p SG3 Q
Unit#2
G�
Unit#3