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71 LEACH STREET - ZBA 7/ ��e�.�� s�� , � � . � � � � � � � �.. � v � ,.� `� + Legal Notice 4 I I CITY OF SALEM I BOARD OF APPEAL 978-745-9595,Ext.361 1 will hold a public hearing for all per- 7 sons interested in the petition submit- i ' ted by MARY DEVLIN requesting a rk Special Permit to alter a nonconform- w ing structure and a Variance from side lk yard setback to construct an open , It deck having a setback of V Instead U of the required 5' for the property located at 71 LEACH STREET R-2. ti Said hearing will be held on WEDNES� b DAY, DECEMBER 15,2004,at 6:30 s P.M.,120 WASHINGTON STREET,3rd E p FLOOR,ROOM 313. n Nina Cohen,Chairman (12/1,6) II I CITY OF SALEM MASSACHU6jp1rM S-ALM MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 2004 DEC 20 P Q- I U MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF MARY DEVLIN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 71 LEACH STREET R-2 A hearing on this petition was held on December 15, 2004 with the following Board Members present;Nina Cohen Chairman, Bonnie Belair, Richard Dionne, Edward Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Sal Pm'Y P em EveningNew ' sin accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback and to alter a non- conforming structure to construct an open deck for the property at 71 Leach Street located in an R-2 zone. The Variances,which have been requested, may be granted upon a fording by this 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 involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to theti pe tloners. 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 of the purpose of the Ordinance. The Board of Appeal,after careful consideration of the evidence presented at the hearing, and after viewing the plane, makes the following findings of fact: I. Mary Devlin,petitioner presented her petition. 2. The request is for construction of an open deck. 3. Request is functional as well as recreational. Deck will allow emergency exist from a window. 4. The requested setback is for 0.1" from side line. 5. There are 4 units in the Condominium. 6. Mary Levesque of 77 Leach Street spoke in favor of the petition. CITY OF SAL M..MA CLERK'S OFFICE DECISION OF THE PETITION OF MARY DEVLIN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 71 LEACH S > 9 P 12 14 page two On the basis of the above findings of fact, and on,the evidence presented the Board of Appeals finds as follows; 1. Special conditions exist when especially affect the subject property but not he District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 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 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans submitted 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 shall obtain a building permit prior to beginning any construction. S. Exterior finishes of the new construction shall be in harmony with existing structure. 6. Petitioner shall obtain a Certificate of Inspection. Variance Granted December 15, 2004 �� Nicholas Helides Board of Appeal l go DEC 20 P 12' DECISION OF THE PETITION OF MARY DEVLIN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 71 LEACH STREET 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days 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 "r CITY OF SALEM, MASSACHUSEITTSo- c,gLEff MA BOARD OF APPEAL CLERIC'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR ' SALEM, MA 01970 TEL. (978) 745-9595 STANLEY J. USOVICZ, JR. FAX (978) 740-9846 1004 MAY 2l P b: 03 MAYOR DECISION ON THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 71 LEACH STREET B-2 A hearing on this petition was held on May 19, 2004 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne Joseph Barbeau and Bonnie Belair. 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 requests a Special Permit per Section 8-6 of the Zoning Ordinance to alter the property from 3 residential and 1 commercial to 4 residential for the property located at 71 Leach Street B-2.. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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, guided by the rule that a Special Permit request may beon ranted upon p a finding Y b the Board that the grant of the Special Permit will promote the public Yllc health, safety, convenience and welfare of the City's inhabitants. 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 stuctures 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 ofAppeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact SII r Ur :-ALEM. IIIA DECISION ON THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL PERMITFICE FOR THE PROPERTY LOCATED AT 71 LEACH STREET B-2 page two 1. Attorney Scott Grover represented the Petitioner. 2004 MAY 21 P b: 03 2. Plans were submitted showing the 4 units and internal parking. 3. The plans are in harmony with the residential neighborhood. 4. A petition was submitted with 10 names in support of the petition. 5. Councillor Matt Veno spoke in favor of the petition. 6. There was no opposition to the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. 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. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 4 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relate to smoke e and fire safety shall be strictly adhered to 3. All construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner and dated May 12, 2004. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing construction, 6 Certificate of Occupancy shall be obtained DECISION OF THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 71 LEACH STREET B-2 page three r Richard Dionne CC, �J Board of Appeal Special Permit Granted May 19 2004 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 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 to 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 the 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. c 3 Fri N Ncn JD C)F-- nrl rnl c� 97 rn:[ O D W 77 Leach Street Salem MA 01970-5559 2004-09-14 Lewis Legon Renaissance Real Estate Owner: 71 Leach St. Salem, MA 01970 Greetings, We welcome and look forward to having the new neighbor that will own and occupy the unit you have created from the commercial unit at 71 Leach St. We are aware of the desire to build a deck along the east side of the building which would be accessed by the new egress on that side. We are further aware that the deck would be directly adjacent to the property line between our lots. We have no objection to such a deck and agree that it would be an appropriate use of the space. We also have no objection to any kind of separator such as a privacy screen if such is desired. We also wish to draw attention to the fence and gating arrangement that we share near the front of the lot. We recognize that the new owner is under no obligation to allow us to continue having such common fence and gate and will abide by whatever is desired. If the owner is willing, we will arrange to improve the fence and gate according to whatever best suits the use of the newly developed area. We will contact the new owner after a brief settling in period to find out what is acceptable before proposing any changes. Sincerely yours, Albert L Levesque 4A, ICei Mary I/Levesque LOT 532 5-7 GREEN STREET CONDOMINIUM N72M 5'07"E `- 60.00' 1 00 [777777�� 0.2' w c 3 Lu J 0 r (r1 i �.�•4'O 1p ry y/ L /of UJ v m � //�� 0.1J V J / s OJ Q 7.1' 3 00 1 ^ o z 'N K ON LINE N STAIRS TO BE REMOVED z LLJ L LI b o i o Ur o w N M � N M t` N !, 3.2' 60.00' 3.4' _ I 572'15'07"W LEACH STREET LOCUS IS SHOWN AS LOT 533 ON ASSESSORS MAP 33. PLOT PLAN OF LAND LOT AREA = 6000 t S.F. 71 LEACH STREETSALEM PREPARED FOR PRELIMINARY SCAT E 1P = i ' NOVEMBER 11 , 2004 NORTH SHORE SURVEY CORP. 47 LINDEN STREET, SALEM, MA #2272