5 LEAVITT COURT - ZBA 5 LEAVITT COURT
JOHN VASILIOU
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f� Lega7j Notice
CITY OF SALEM
BOARD OF APPEAL
W ill hold a public hearing for all
• persons interested in the petition sub-
mitted
ubmitted by JOHN P.VASD.IO request- ,
I ing a Special Permit for alteration Of 4
an existing nonconforming structure
if by enclosing outside stairs,extending
is the stairs to a third floor and roofing
is over the stairway for the property
is located at 5 LEAVITT COURT B-1.
of Said hearing to be held WEDNES-
1APRIL 21, 1999 at 6:30 P M
is .DONE SALEM GREEN,2nd FLOOR.
er Nina Cohen,Chairman
(4/7,19)
CITY�0±SALEM.ICEA
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Iggq AIR 23 A 107 3L
DECISION ON THE PETITION OF JOHN PL VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT B1
A hearing on this petition was held April 19, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and
Paul Valaskagis. 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 for alterations of an existing nonconforming
structure by enclosing outside stairs, extending the stairs to third floor and roofing over
the stairway for the property located at 5 Leavitt Court B1.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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 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, guided by
the rule that a Special Permit request 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.
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 of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
J
"CITY OF SALEM. MA
CLERK'S OFFICE
DECISION ON THE PETITION OF JOHN P. VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT
page two `t44 COLjR� WR 23 A 10 3U
1. The petitioner, John P. Vasiliou is the owner of the property located at 5 Leavitt
Court. The petitioner was represented by his son Peter Vasiliou.
2. The petitioner seeks special permit for alterations of an existing nonconforming
structure by enclosing outside sides, extending the stairs to the third floor, and
roofing over the stairway for the property located at 5 Leavitt Court.
3. The subject property is located in a B-1 District.
4. The petitioner was represented by Salem Attorney George W. Atkins III.
5. Attorney Atkins indicated that construction at the site had been performed with out
obtaining a building permit and the required Special Permit for the work. Attorney
Atkins also stated that the petitioner was under vigorous enforcement by the
Building Inspector.
6. Attorney Atkins stated that the petitioner wanted to comply with the Zoning
Ordinances and therefore was requesting a Special Permit for the work, which
had been performed. Attorney Atkins further stated that the petitioner would be
willing to perform any changes deemed necessary by the Building Inspector to
bring the structure into compliance with the building code.
7. Attorney Atkins stated that the building was to be used a two family dwelling.
8. Mr. D. Cote, the petitioner's building contractor, indicated that he would work with
the Building Inspector to insure the structure was brought into compliance with the
Building Code.
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. 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.
1T 1E SALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF JOHN P. VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT 81 Iggg APR 23 A it} 31
page three
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
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. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. The petitioner will comply with all requirements deemed necessary by the Building
Inspector to bring the structure into code.
Special Permit Granted
April 19,1999
Stephen Buczko
Board of Appeal
OF SALEM, MA
ER'IC'S OFFICE
CL
DECISION OF THE PETITION OF JOHN P. VASILIOU REQUESTING A q�rgq@(L23 A10: 314
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT B1
page four
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 owners Certificate of Title.
Board of Appeal