78 LEAVITT STREET - ZBA 78 Leavitt St. B-,4
Palmer's 'Cove Yacht Club —
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(fitg of 'Sttlem, 'Mussadjusetts
Pourb of (Appr l
September 14, 1992
NOTICE IS HEREBY GIVEN THAT AS OF SEPTEMBER 8, 1992 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF PALMER COVE YACHT CLUB FOR A
VARIANCE TO ALLOW THE CONSTRUCTION OF LOCKER FACILITIES AT 78 LEAVITT
STREET.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
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/Special Permit
granted herein shall not take effect until a copy of the decision
bearing the certification of the City Clerk that 20 days have elapsed
and no appeal has been filed, or that, if such appeal has been filed,
that it 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
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR VARIANCE AT 78
LEAVITT STREET (B-4)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow
construction of locker facilities in this B-4 district.
The Variance which has been requested may be granted upon a finding by this
Board that: -
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the petitioners plans.
2. The Commodore, Raymond LeBlanc and the Vice Commodore, Robert LeBlanc
both spoke in favor.
3. The construction of the lockers would not interfere with the view of
the abutting properties.
4 . The construction of the locker storage facilities as proposed will give
better access to the lot and will add a measure of increased security.
DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR
A VARIANCE AT 78 LEAVITT STREET, SALEM
page two
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 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 unanimously, 5-0, to grant the
variance 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 with the exception that the lockers shall remain single lockers.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain a legal building permit from the City of Salem
Building Inspector.
VARIANCE GRANTED
August 26, 1992
Francis X. Grealish Jr. , Secretary
Board of Appeal
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB
FOR VARIANCE AT 78 LEAVITT STREET, SALEM
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR VARIANCE AT 78
LEAVITT STREET (B-4)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow
construction of locker facilities in this B-4 district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the petitioners plans.
2. The Commodore, Raymond LeBlanc and the Vice Commodore, Robert LeBlanc
both spoke in favor.
3. The construction of the lockers would not interfere with the view of
the abutting properties.
4 . The construction of the locker storage facilities as proposed will give
better access to the lot and will add a measure of increased security.
DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR
A VARIANCE AT 78 LEAVITT STREET, SALEM
page two
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 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 unanimously, 5-0, to grant the
variance 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 with the exception that the lockers shall remain single lockers.
3 . Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from the City of Salem
Building Inspector.
VARIANCE GRANTED
August 26, 1992
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Francis X. Grealish Jr. , Secretary
Board of Appeal
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB
FOR VARIANCE AT 78 LEAVITT STREET, SALEM
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR VARIANCE AT 78
LEAVITT STREET (B-4)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow
construction of locker facilities in this B-4 district.
The Variance which has been requested may be granted upon a finding by this
Board that: -
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1 . There was no opposition to the petitioners plans.
2. The Commodore, Raymond LeBlanc and the Vice Commodore, Robert LeBlanc
both spoke in favor.
3. The construction of the lockers would not interfere with the view of
the abutting properties.
4. The construction of the locker storage facilities as proposed will give
better access to the lot and will add a measure of increased security.
DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR
A VARIANCE AT 78 LEAVITT STREET, SALEM
page two
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 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 unanimously, 5-0, to grant the
variance 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 with the exception that the lockers shall remain single lockers.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
5 . Petitioner shall obtain a legal building permit from the City of Salem
Building Inspector.
VARIANCE GRANTED
August 26, 1992
Francis X. Grealish Jr. , Secretary
Board of Appeal
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB
FOR VARIANCE AT 78 LEAVITT STREET, SALEM
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR VARIANCE AT 78
LEAVITT STREET (B-4 )
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow
construction of locker facilities in this B-4 district.
The Variance which has been requested may be granted upon a finding by this
Board that: -
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the petitioners plans.
2. The Commodore, Raymond LeBlanc and the Vice Commodore, Robert LeBlanc
both spoke in favor.
3. The construction of the lockers would not interfere with the view of
the abutting properties.
4. The construction of the locker storage facilities as proposed will give
better access to the lot and will add a measure of increased security.
DECISION ON THE PETITION OF PALMER COVE YACHT CLUB FOR
A VARIANCE AT 78 LEAVITT STREET, SALEM
page two
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 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 unanimously, 5-0, to grant the
variance 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 with the exception that the lockers shall remain single lockers.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from the City of Salem
Building Inspector.
VARIANCE GRANTED
August 26, 1992
Francis X. Grealish Jr. , Secretary
Board of Appeal
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DECISION ON THE PETITION OF PALMER COVE YACHT CLUB
FOR VARIANCE AT 78 LEAVITT STREET, SALEM
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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ATE OF :TEARING
PETITT_0[I-R P "
LOCATIGN
PIOTION: -0 GRANT �p SECOND
TO DENY SECOND
CO RE-HEAR SECOND
LEAVE TO 'UITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY . WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
RICHARD FEBONIO
FRANCIS GREALISH
EDWAIID LUZINSKI
ST is i E
ASSOCIATE '9EMBERS
RONALD PLANTS
ARTHU,r-crca:resavc
CONDITIONS: /
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by PALMER COVE
YACHT CLUB for Variance to allow construction
of locker facilities at 78 LEAVITT ST.(R-2)Said
hearing to be held WEDNESDAY, AUGUST 28,
1992 AT 7:00 P.M., ONE SALEM GREEN, 2nd
Floor.
RICHARD A. BENGAL, Chairman
August 12, 19, 1992 SN72847
r r r r r r r r r r r r r r r
♦ r s r r r r r r r r r r s r
CITY OF SALEM
BAARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by PALM ER COV E
YACHT CLUB for Variance to allow construction
of locker facilities at 78 LEAVITT ST.(R-2)Said
hearing to be held WEDNESDAY, AUGUST 26,
1992 AT 7:00 P.M., ONE SALEM GREEN, 2nd
floor.
RICHARD A. BENGAL, Chairman
August 12, 19, 1992 SN72847
r Y s r Y r Y r Y r a r r r r
• Y r r Y y Y Y Y r Y Y r Y Y Y
CITY OF SALEM
.. BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by PALM ER COV E
YACHT CLUB for Variance to allow construction
of locker facilities at 78 LEAVITT ST.(R-2)Said
hearing to be held WEDNESDAY, AUGUST 26,
1992 AT 7:00 P.M., ONE SALEM GREEN, 2nd
floor.
RICHARD A. BENCAL, Chairman
August 12, 19, 1992 SN72847
s r r r r r r r r r r r r r r r
s r r r s r r r r r r r r r r �
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
T �ift? of �Ulrm, C�Xlassadnmrff5
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TO THE BOARD OF APPEALS:
he Undersigned ,reoresent -hat !ie are `.tie owners o' _- certain carcei :f lana locatea
at "10. .�$. Leavitt Street,,• ,$$1�nla .Mass. . . . . . . . . . . . . . . . . . . .`.treet: --nino District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ano said carcel '. i afforr-a b'/ . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings In
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Insufficient set back from side and rear lot lines
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted with substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The construction of locker storage facilities would not
interfere with either the uses , views, or access regarding either
of the abutting properties.
Owner. . . . Cove,Yachi •�hab, 1 pG.. . .
Address. .78 Leavitt Street,
. . . . . . . . . . . .
Telephone. . 508) 744-9722
. . . . . . . . . . . . . . . . .
Petitioner. • , , •Same
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . .August 7 , 1992
Telephone. . . . . . . . . . . � • • /• • • •
By. LL . ... . . . . . . . .
Attorney for Petitioner
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
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T6-THE BOARD OF APPEALS:
the Undersigned represent :hat ile ,re .he owners Df _- certain oarcet of land to
;t t10 78 Leavitt Street,,. .S411.ergh Mas.s . . . . . . . . . . . . . . . . . . . Street-, _-cnina District gL7
. . ; and said carcel 75 arforrcd G'J `eCt'.",n15 i . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings
d h Section IX A. 1 of the Zoning Ordinance.
accordance with 9 a
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The Application for Permit was denied by the inspector of Buildings for the fallowing
reasons:
Insufficient set back from side and rear lot lines
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The construction of locker storage facilities would not
interfere with either the uses , views , or access regarding either
of the abutting properties .
Owner. . . .Palmer, Cove ,Yacht,CluJ�. > riG.. . .
78 Leavitt Streets_ Saleiq,, .OA -
Address. . . . . . . . . . . . . .
( 5 08 ) 744-9722
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .Same
. . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
August 7, 1992
Date. . . . . . . Telephone. 1. . . . . . . . . . . .
By. . . :+.J..�. . . .. . . . .... . .u�. . . .
Attorney for Petitioner
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News..
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
Cfn Lif �airm, _qttssari muffs
�Ruarb tri ppral
TO THE BOARD OF APPEALS:
he Undersigned ,reoresent .:hat Iie ire e owners ,' : certain „arcei :f lana locazea
it f10. .78. Leavitt Street,, ,S��2tnR ,Mdss. . . . . . . . . . . . . . . . . . .: treet: =„tuna District. . . . . .
. . . ; and said Cartel ° ; affect'-7 oy 1'a:'CHIS : . . . .
of the Massachusetts State Building Cade.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. �+ n
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons :
Insufficient set back from side and rear lot lines
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The construction of locker storage facilities would not
interfere with either the uses , views , or access regarding either
of the abutting properties.
Owner. . . .?almer• Cove ,Yachi ,�1 , LHC.. . .
Address. .78. Leavitt Streets. Salpm,. -VA ,
( )
Telephone. . .508. . . . . . . .744-9722. . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .Same
. . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . .August7, 99
12 .
Telephone. . . . . . . . . • • • •
By �,� �L . . . . .. . . . . . .
Attorney for Petitioner
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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