105 LEACH STREET - ZBA 105 LEACH STREET
1
Legal Notice
CITY OF SALEM 1
BOARD OF APPEAL
745-9595 EXL 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by MICHAEL COOK requesting
Variances from rear yard setback,side
yard setback,lot coverage and distance
between structures to extend garage
for the property located at 105 LEACH
STREET R•2.Said hearing will be held
WEDNESDAY,SEPTEMBER 21,2005 at
AT 6:30 P.M., 120 WASHINGTON try
STREET,3RD FLOOR,ROOM 313. m
Nina Cohen b-
Chairman tk
(917,14) (t
n,
1
CITY OF SALEMI, MASSACHUSETTS
Ci uF �ALEM, MA
BOARD OF APPEAL CLERK'S OFFICE.,
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOYICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 2005 NOY -2 P 2: 54
DECISION OF THE PETITION OF MICHAEL COOK REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 105 LEACH STREET R-2
A hearing on this petition was held on October 19, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Robin Stein
and Nicholas Heiides. 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.
The petitioner is requesting Variances from side& rear setback, lot coverage and
distance between structures to extend garage for the property located at 105 Leach
Street located in a R-2 zone.
The Variances, which have been requested, may be granted upon a finding 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
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 the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after reviewing the plans, makes the following findings of fact:
1. Petitioner Michael Cook had previously been before the Board in September and
was continued to the October meeting.. The Pelletier's of 107 Leach Street had
previously opposed the petition due to the size of the structure.
2. Mr. Cook did revise his plans to accommodate the abutters.
3. The changes made are as follows:
a. Roof type changed to gambled
b. Roof height lowered to 16.5 feet
c. Eliminated aerial walk to door
d. Eliminated dormer& doorway
e. Reduced size of rooftop deck
f. Change use of 2rd floor to storage
g Added internal pull-down stairs.
DECISION OF THE PETITION OF MICHAEL COOK REQUESTING A VARIANCE FOR
THE PROPERTY LCOATED AT 105 LEACH STREET R-2
page two
4. Plans were submitted showing the new plans.
5. There was no opposition to this petition.
On the basis of the above findings of fact, and on, 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.
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 statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
6. Petitioner shall obtain a Certificate of Inspection
7. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction, but not limited to the Planning Board.
6U v "
Variance Granted Robin Stein
� S
October 19, 2005 Board of Appeal �
I
it
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.
1
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