97 LEACH STREET - ZBA Fit
97 LEACH STREET
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CITY OF SALEM
BOARD OF APPEAL
795-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JEAN CLAUDE MAR-
TINEAU requesting a Variance for
relief from density and dimensional
requirements from Section 7-10 Art.6
Sub Section D(Swimming Pool Ordi.
nance)for the property located at 97
LEACH STREET R-2.Said hearing to
be held WEDNESDAY, JULY 18,
2001 AT 6:30 P.M., 120 WASHING-
TON
ASHINGTON STREET,3rd floor.
Nina Cohen,Chairman
(7/5,11) -
i
�It�T OfIllelit, tt$$ttrl1uSeJYERK S OFFICE A
�Baara of
2001 AUG - I A 8: 20
DECISION OF THE PETITION OF JEAN CLAUDE MARTINEAU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 97 LEACH STREET R-2
A hearing on this petition was held July 18, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides.
Notice of the hearing was sent to abutters and others and notices of the hearing were
properly-published-in-the Salem-EveningNew-in-aec-ordance--with-Massachusetts-General
Laws Chapter 40A.
The petitioner is requesting a Variance from relief from density and dimensional
requirements from Section 7-10 Article 6, Sub Section D (Swimming Pool Ordinance) to
install a swimming pool for the property located at 97 Leach Street located in an R-2
zone.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this 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. Petitioner seeks relief from Art. VII, Section 7-10, which prohibits inground pools
from being located less than 10 feet from any building foundation. Petitioner seeks to
build an inground pool on his property to provide needed therapeutic exercise for his
son, who suffers from the condition spina bifida.
2. Petitioner submitted a summary report from the Hobbs Endeavour Corp. engineering
consultants, stating that in their opinion based on visual inspection,the construction
of the proposed pool will have no structural impact on the adjacent structure.
3. There was no opposition to the petition.
F
DECISION OF THE PETITION OF JEAN CLAUDE MARTINEAU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 97 LEACH STREET R-2
page two
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
su stanha-harcic s ip o ion.
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 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, 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.
Variance Granted
July 18, 2001
Nina Cohen, Chairman
Board of Appeal
,
DECISION OF THE PETITION OF JEAN CLAUDE MARTINEAU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 97 LEACH STREET R-2
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.
July 7,2001
I, cis a friendly neighbor of the Martineau Family at 97 Leach StreAs
ack oWledge and support the development and construction oftheir pooh
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