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DECISION ON-THE PETITION OF PALMER COVE YACHT CLUB FOR VARIANCE AT 78
CEAVIT�T-ST_REE.T% (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.
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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
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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