89 LEACH STREET - BUILDING INSPECTION 89 LEACH STREET
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DECISION ON„THE-PETITION.OF JEAN-GUY MARTINEAU FOR A SPECIAL PERMIT
AT($9 LEACH STREET
A hearing on this petition was held on September 30, 1987 with the following
Board Members present: James Fleming, Vice Chairman; Messrs, Bencal, Luzinski,
and Strout. 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 the provisions of Massachusetts General Laws, Chapter 40A.
Thepetitioner, representing himself, is seeking a Special Permit to extend a
non-conforming side setback, in order to construct a two-story addition at
89 Leach Street, The property is located in an R-2 District.
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:
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 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 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.
*The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1. The proposed addition would be in harmony with the area in general.
2. The petitioner's existing house is too small for his growing family,
and that the proposed addition would allow the petitioner to expand
his kitchen and bedroom space.
3. A large smount of support for the petition was expressed at the hearing,
including that of several city officials.
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. The proposed addition will promote the welfare and convenience of the
City's inhabitants;
2. The proposed addition will improve the property and the neighborhood.
DECISION ON THE PETITION OF JEAN-GUY MARTINEAU FOR A SPECIAL PERMIT_
AT 89 LEACH STREET (R-2)SALEM
Page 2
Therefore, the Zoning Board of Appeal voted unanimously, 4 - 0, to grant the
Special Permit requested, subject to the following conditions:
1. That the addition be_ constructed as per the plans submitted to the
Board of Appeal.
2. That all construction be in compliance with the provision of the
Massachusetts Building Code.
3. That all the requirements of the Salem Fire Department, relative to
Fire Safety, be adhered to by the petitioner,
4. That the petitioner obtain a building permit from the Salem Building
Inspector.
5. That the petitioner obtain an occupancy permit, prior to occupying the
addition, from said Building Inspector.
6. That the exterior finishes of the exterior of the addition conform with
the exterior finish of the existing dwelling,
SPECIAL PERMIT GRANTED
Lx�z ,�_�k
James M. Fleming, Esq. t
Vice Chairman, Board oftAppeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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