72-74 LEACH STREET - BUILDING INSPECTION t' -
7i-74 'LEACH STREET
a
CITY OF SALEMt MASSACHUSWIrIM SALEW MA
Q BOARD OF APPEAL CLEWS OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 976-745-9595 2004 DEC 2D P 12 I U
MAYOR FAX: 976-740-9646
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 Salem Evening News in
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
Iocated in an 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 structures 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 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 fimctional 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.
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DECISION OF THE PETITION OF MARY DEVLIN REQUESTING A P 12- y
VARIANCE FOR THE PROPERTY LOCATED AT 71 LEACH,SV�I��
page two
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
I. 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.
I. 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.
5. 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 t
' s
GICLEM- OWE
10 OEC 20 P q
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
n CITY OF SALEM, MASSACHUSEIT'SU,F SALEM MA
BOARD OF APPEAL CLERK'S OFFICE
$ 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740.9848 10Q4 MAY 23 P b: 03
STANLEY J. USOVICZ, JR.
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 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
Or ; hLEM, 3'9x1
CLERK'S OFFICE
DECISION ON THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 71 LEACH STREET B-2
page two 2004 MAY 21 P b: 03
1. Attorney Scott Grover represented the Petitioner.
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 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
Richard Dionne 1 �✓h�
Board of Appeal l
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.
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JUNE 10, 1981 X81 JUN 17 A10 :08
IT� Cg6pR11SOFFICE
DECISION ON THE PETITION ON MARTIN A. FOX FOR A SPECIAL PERMIT FO &r 6H ,, _ ET
A hearing on this Petition was held on June 10, 1981 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Feeherry, Hacker and
Associate Member Lusinski. 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 has requested a Special Permit to conduct his business of
selling, repairing, servicing and storing steam cleaning equipment at the property.
The property at 71 Leach Street is in an R-2 district where the proposed use
is not generally permitted; however, the property has for over 40 years been used
as a garage for the repair and maintenance of automobiles as well as for the sale
of automobile parts.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B 10, which provides as follows:
Nothwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeals may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, land, structures, and uses, '
provided, however, that such change, extension, enlargement or expan-
sion shall not be substantially'.more detrimental than the existing
nonconforming use to the neighborhood.. .. (Emphasis added)
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.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. This property has been used for commercial purposes for almost fifty
years.
2. The property which is, in essence a garage can only be used for
commercial purposes.
DECISION - JUNE 10, 1981 - MARTIN A. FOX -"PAGE TWO
181 JUN 17 A10 :08
CITY CLERK'S OFFICE
SALE"1 MP,,,
3. The proposed use will create no noise and virtually no
traffic.
4. The Petitioner's proposed use of the property will be
less detrimental to the area .than the prior use of the property.
On the basis of the above findings of fact and on the evidence. presented
at the public hearing, the Board of Appeals finds (i) that the proposed use of the
property will not be substantially more detrimental than the existing use to the
neighborhood, (ii) that the proposed use of the property will promote the health,
safety, convenience, and welfare of the City's inhabitants, and (iii) that the
proposed use of the property is in harmony with the Salem Zoning Ordinance.
Accordingly, the Board unanimously approves the granting of a Special Permit
to the Petitioners.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The property may be used for the sale, storage, repair and maintenance
of- steam cleaning equipment.
2. The property shall be used for these purposes during the hours 8 a.m.
to 6:30 p.m. Mondays through and including Saturdays.
3. There will be no structural alterations of the property in connection
with this use of the property.
4. If it is necessary to vent steam from the property in connection with
the proposed use of this property, all such venting of steam will be through '
the roof of the building.
5. This use of the property may involve' no more than four employees.
thony M. Fee er ' V
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SWQ OF APPEAL
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• SENDER:Complete items 1.2,and 3.
Add your address in the "RETURN TO space on
reverse.
1. The following service is requested(check one).
❑ Show to whom and date delivered c
$7 Show to whom,date,and address of delivery.. c
❑ RESTRICTED DELIVERY
Show to whom and date delivered.... . ... . . . c
❑ RESTRICTED DELIVERY
D Show to whom,date,and address of delivery.$
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(CONSULT POSTMASTER FOR FEES)
Z 2. ARTICLE ADDRESSED TO:
M Martin Fox
0 2 Raylan Avenue
ITT
Peabody,Ma 01960
3. ARTICLE DESCRIPTION:
m REGISTEREDNO. CERTIFIEDNO. INSUREDNO,
N 0024590
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(Always obtain signature of addressee or agent)
o I have received the article described above.
Z SIGNATURE ❑ Addressee ❑ Authorized agent
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UNITED STATES POSTAL SERVICE o �^�.--•..---
OFFICIAL BUSINESS q
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SENDER INSTRUCTIONS .,�E TO AVOID PAYMENT
Print your name,address,and ZIP CODE in the space below. OF POSTAGE,$300 Completeitems 1,2antl 3 on the reverse.
Mosten gummed ends and attach to front of article if space !t=L&MAIL
permits.Otherwise affix to back of article.
•Endorse article "Return Receipt Requested' adlacen[ [o
number.
RETURN
TO
Public Property Department
(Name of Sender)
1 Salem Green
(Street or PO. Box)
Salem,Ma o197O
(City, State, and ZIP Code)
Yrs 0jitU II ZTIQITI� c d£svdL �° Zsi
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Richard T. McIntosh
One Salem Green April 28,1982
zap-nz i�
Martin Fox
2 Raylan Ave. Re: 71 Leach Street
West Peabody,Ma 01960 Salem,Ma
Dear Mr. Fox:
Please be aware that you are in violation of the Salem
Zoning Ordinance pertaining to the above referenced property.
The Board of Appeals decision relating to the use of the
property (copy enclosed) does not provide for Lobster Pot
construction business.
You therefore are required to cease and desist from the
illegal use immediately.
Failure to comply with the above will result in this matter
being persued through the District Court for whatever action
they may determine.
Very truly yours,
A��
Richard T. McIntosh
Zoning Enforcement Officer
RTM:mo' s
cc: Councillor Jean Guy Martineau
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Certified Mail IP00024590
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JUNE 10, 1981 '81 JUN 17 A10 :08
17� LERK'S OFFICE
DECISION ON THE PETITION ON MARTIN A. FOX FOR A SPECIAL PERMIT FO �t6�"STREET
A hearing on this Petition was held on June 10, 1981 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Feeherry, Hacker and
Associate Member Lusinski. 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 has requested a Special Permit to conduct his business of
selling, repairing, servicing and storing steam cleaning equipment at the property.
The property at 71 Leach Street is in an R-2 district where the proposed use
is not generally permitted; however the property has for over 40 years been used .
as a garage for the repair and maintenance of automobiles as well as for the sale
of automobile parts.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B 10, which provides as follows:
Nothwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeals may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expan-
sion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.... (Emphasis added)
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.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. This property has been used for commercial purposes for almost fifty
years.
2. The property which is, in essence a garage can only be used for
commercial purposes.
DECISION - JUNE 10, 1981 - MARTIN A_ FOX - PAGE TWO REOP
`81 JUN 17 A10 :08
CITY CLE '('S OFFICE
SALE'1 MP67
3. The proposed use will create no noise and virtually no
traffic.
4. The Petitioner's proposed use of the property will be
less detrimental to the area .than the prior use of the property.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed use of the
property will not be substantially more detrimental than the existing use to the
neighborhood, (ii) that the' proposed use of the p_�pe_;y will promote the- h_eealth,
safety, convenience, and welfare of tha City's iu_ahitants, and (iii) that tJa
proposed use of the property is in har-ony Sala— Zoaag Or`a,:e,.
Accordingly, the Board unanimously approves the granting of a Special Permit
to the Petitioners.
The Special Permit is therefore grante.l in accordance with the following
terms and conditions:
1. The property may be used for the sale, storage,' repair and maintenance
of- steam cleaning equipment.
2. The property shall be used for these purposes during the hours 8 a.m.
to 5:30 p.m. N.ondays tbrough and including Saturdays.
3. There will be no structural alterations of the property in connection
with this use of the property.
4. If it is necessary to vent steam from the property in connection with
the proposed use of this property, all such venting of steam will be through '
the roof of the building.
5. This use of the property may involve no more than four employees.
thony M. Fee 'er '
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FIRE DEPARTP.4ENT CERTIFICATE OF APPROVAL-FOR BUILDING PERMIT
" `Tor Head of Fire Department Date: / L
Application for plan approval and Certificate
g In accordance with the provisions of the Mass. State Building Code and
Salem Fire Code, application is hereby made for approval of plans and
issuance of a certificate of approval for a building permit, by the '
Salem Fire Department. (Ref. Section 113. 5. Mass, State Bldg. Code. )
Job Locations -71.
Owner or
Occupants
General :.
Contractors J'i.-���� — Addresss
Electrical
Contractors Addresss
Fire Supression
Contractor: Address:
Notices Prior to starting work, sub-contractor shall file required form
Final inspection is required, prior to issuance of Certificate !
of Occupancy. Inspections are by appointment only.
Signature of
• ? Phone C
J Applicant: Y
Address of City or
Applicants -7 ate �r � -- — Towns
Approval Dates J - —
x : < Certificate of Approval is hereby granted, on approved plans or sub-
mittal of. project details, by the Salem Fire Department.
All plans :are approved solely for identification of type and location
a . . of fire protection devices and equipment. All plans are subject to
approval of any other authority having jurisdiction. Upon completion
the applicant or installers shall request a test or inspection, and
<' x ,;. the installer shall file a Certificate of Completion, if required.
n' -. Owner or U
,Occupant: AJ
�. . IJ Q �2,v i e J
Project /
,;,• Location:
Si7ture of Fire Official
This Certi ate will ✓��c� C.
expire on . Title
Applicant shall `submit his Certificate of Approval. to Bldg. Insp.
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FormT#81 (Rev... 7/82) ,
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FED 18 B 140 Pli '88
RECE1VE0
CITY OF SAILS 9, HASS.
February 19, 1988
19 Green Street
Salem, MA 01970
Mr. William Munroe
Building Inspector
Salem City Hall
Building Department
One Salem Green
Salem, MA 01970
RE: 74 Leach Street Salem
Dear Mr. Munroe:
I am writing to notify you of an unsanitary condition that is
being created at the above property. It seems that the tenants of
this dwelling don' t understand that trash is to be put out Friday
mornings , or Thursday evenings at the earliest , for Friday morning
pickup. Hence , their trash is out on Green Street seven days a
week. Generally it is all over the street! As a property owner
on Green Street , I find this situation deplorable. I am wondering
if you could look into this matter and get these tenants to "clean
up their act"?
I appreciate your cooperation and am available, should you
need to discuss this further, on 737-5572 (work number) .
Thank you.
Very truly yours,
Terry
TAL/sm
JL j
CITY C;:
.. ...,. S.
February 19, 1988
19 Green Street
Salem, MA 01970
Mr. William Munroe
Building Inspector
Salem City Hall
Building Department
One Salem Green
Salem, MA 01970
RE : 74 Leach Street Salem
Dear Mr. Munroe:
I am writing to notify you of an unsanitary condition that is
being created at the above property. It seems that the tenants of
this dwelling don ' t understand that trash is to be put out Friday
mornings, or Thursday evenings at the earliest , for Friday morning
pickup. Hence , their trash is out on Green Street seven days a
week. Generally it is all over the street ! As a property owner
on Green Street , I find this situation deplorable. I am wondering
if you could look into this matter and get these tenants to "clean
up their act"?
I appreciate your cooperation and am available , should you
need to discuss this further, on 737-5572 (work number) .
Thank you.
Very truly yours,
Terry LeJJis
TAL/sm
50�£,y.00N0ITA .S V` o4Y��`' C4" N44'�f✓� Y
a Public Prnpertg Pepartlnent
Puilbing 1_Aepartment
L
1"6i[lleC� 4. 1i{CJntOSlt
One Jhlem Green
745-0213
June 19, 1985
n
TO WHOM IT MAY CONCERN:
RE: 72-74 Leach St.
X1341 Zoned District
According to the records on file in this department
the above referenced property is a four (4) family dwelling
and may continue to be used as such.
Very truly yours,
Maurice M. Martineau
Assistant Building Inspector
[ MM:bms