38 MARCH STREET - BUILDING INSPECTION 38 MARCH STREET
BUILDING DEPT'
; .
CO?I:10 ';EALT"I OF '1.4SS.4Ct7!SETTS
DETERNINATION'' OF APPLICABILITY OF THE WEJMW 196§OM`17BACT
0 8
G.L. C.131 s. 40 RECEIVc_D
;CITY OF SALUi,MASS.
TO: Mrs. Linda M. Gallagher DATE: June 22, 1978
38 March Street
Salem , Massachusetts 01970
Pursuant to the authority of G.L. C.131 s.40, the SALEM
CONSERVATION COMMISSION - has considered your request for a
determination of applicability together with the plans submitted with it and
has made the following determination:
1 . [ t/] The area shown on the plans is not subject to the Act.
2. [ ] The entire area shown on the plans is subject to the Act and shall
require a filing of the notice of Intent.
3. [ ] Only the area described below is subject to the Act and shall
require
na �filing of the Notice of Intent:
seL ak WDA W,4-4u-7
4. The determination that the work is not subject to the Act shall expire within
one (1) year from the date herein.
5. This determination does not relieve the Person requesting the determination
from complying with all other applicable federal , state or local statutes ,
ordinances , by-laws, and/or regulations.
6. Failure to comply with this determination and with all related statutes and
other regulatory measures shall be deemed cause to revoke or modify the said
determination.
7. No work may be commenced under this determination until all appeal Deriods
have elapsed. rr /�
ISSUED BY:
Where the Department of Environmental Qualttv Enaine'a Gq ises a superseding
determination, you are hereby notified of your richt to a formal hearing pro-
vided it is made within ten (10) days from the date of the superseding deter-
mination of the Department of Environmental Quality Enaineerino.
-31-
Salem. iascac6usetts ()1970
June 22, 1978
Salem ,Massachusetts
Mrs. Linda M. Gallagher
38 March Street
Salem ,Massachusetts 01970 -
Dear Mrs. Gallagher,
Please find attached a copy of the "Determination
of Applicability " that was voted on by the Conservation Commission
at the last scheduled meeting of June 20, 1978 .
At that meeting, your request was considered and
the decision was reached by a vote of six (6) in favor and none (0)
opposed that the action proposdd, i.e. the grading of sand along
the beach at Lots # 216 and #217 , is not applicable to the Wetlands
Protection Act, Massachusetts General Laws #131 , Section 440.
It must be noted however , that the Commission is
also concerned that this grading of sand fill be placed only from
the edge of the fence and actual yard lines to,but not including,
the marsh grass. Also, only sand that is now accumulated on the
rear side of your property at 38 March Street is to be used in the
grading on the beach.
I would like to remind you that when I visited
with you , Mr. Gallagher stated the he planned to not only remove:
the stone from the sand before placing it on the beach , but also
that the beach front would be cleaned of debris prior to any work
accomplished thereon.
Thank you very much for your co-operation and I
am pleased that we were able to be of aid to you and your husband
at this time.
Sincerel
Jiseoh/F. Antonelli
Conservation Aide -
JFA/
I
j 45
-- CITY OFFICE
DECISION SAU11 MASS..
._MARCH 1, 1977
PETITIONER: Linda M. Gallagher PROPERTY LOCATED AT: 38 March St.
NLAILING ADDRESS: 38 March St. ZONED: R-2 District
A hearing on the Petition of Linda M. Gallagher, 38 March Street was held for
a variance for relief from the minimum setback requirement and side line requirement
for property located at 38 March Street with members Donald Eames, Douglas Hopper,
James Boulger .and Chairman John Gray present on March 1, 1977.
Absent: Jane Lundregan, William Abbott and Arthur Lab:recque.
Notices -were sent. to abuttors and others in compliance with Massachusetts
General Laws, Chapter 808.
The Petitioner requested a variance for relief from the minimum setback .require-
ment and side line requirement for an R-2 zone. The Petitioner stated that on Feb.
29, 1977 fire destroyed the interior of their house located at 38 March Street. They
would like to rebuild the burnt area and , in addition, build one extra room to serve
as another bedroom. There are five rooms in the existing house. The addition would
require relief from the side line and setback requirement of the zoning ordinance.
It was noted that there are a number of homes in the area that did not have the
required minimum side line.
The Board voted unanimously to grant the variances requested, to wit, relief from
the minimum side line requirement and setback requirement in order to build one extra
room on the existing building and to replace the portion of the building that was
burnt by fire in 1977, in accordance with the plans presented with the Petition. The
Board found that several of the homes in the area did not have the required side line and
setback requirement and that, therefore, it could grant the variance requested without
substantial detriment to the neighborhood. The Board found that the Petitioner would
suffer hardship if the variance was denied because of the destruction of part of their
home by fire and the necewsity to rebuild. . .
GRANTED -
Appeal from this decision, if any, shall be made pursuant to section 17 of the Mass. Gen.
.Laws, Chapter 808, and shall be filed within 20 days after the date of filing of the
decision in the office of the City Clerk, Copy of the decision herein has been filed with
the Planning Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit
-
granted herein shall not take effect until a copy of the decision, bearing the certifica-
tion of the City Clerk, that 20 days have elapsed and no appeal has been filed or that,
if such an 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 in the owner's certificate of title_
SALEM BOARD OF APPEAL
,bane T. LundrZgan, Se,Eretary '
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7-h- 213
November 1 , 1977
Mr. Danny E. Gallagher Re: 40 March Street
38 March Street
Salem, Mass. 01970
_T)ear Mr. Gallagher,
In response to your complaint dated October 27, 1977, this department
inspected the premises located at 40 March Street on October 31 , 1977•
It is the determination of this department that the work involved is
of a cosmetic nature , and no permit is required.
Very truly yours.
John B. Powers
Superintendant of Public Property and
Inspector of Buildings
JBP/b
BUILDING DEPT
zr
CT 31 11 09 AM 1771
RECEIVED
CITY OF SALEM,MASS.
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