99 LEACH STREET - BUILDING INSPECTION 99 LEACH STREET
i i
r
(�iity of �ttlem, ��u$$ttdlu$ett$
-Boura of rAupen!
�<
DECISION ON THE PETITION OF EDWARD_GILMARTIN (PETITIONER) , MAURICE <�
ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST:(( ,R-2)
A hearing on this petition was held August 11, 1993 with the following
Board Members present: Stephen Touchette, V. Chairman; George Ahmed,
Edward Luzinski, Stephen O'Grady and Associate Member Arthur LaBrecque
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 is requesting Variances from lot size, side setback and
frontage to allow construction of a single family dwelling in this R-2
district.
The Variance which has been requested may be granted upon a finding of
the 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 or structures 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 at the hearing and after viewing the plans, makes the
following findings of fact:
1. There was substantial neighborhood opposition to the petitioners
request, including written opposition from the David B. Gaudreault the
Ward Councillor.
2. The lot in question was considerably undersized, having only 4,332
square feet of land and 45 feet of frontage.
3. This is a highly congested area.
4. The petitioner to failed demonstrate or to meet the burden of
proof relative to legal hardship.
DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE
ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH 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 do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
Ordinance.
Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in
favor) against the motion to grant, having failed to garner the
required four affirmative votes to pass, the motion is defeated and
the petition is denied.
VARIANCE DENIED
August 11, 1993
George A. Ahmed, Secretary
Board of Appeal
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 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 20 DAYS HAVE
PASSED 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
0
a