47,108 CONGRESS STREET - GETSIM, LEO & MICHELE - ZBA 47 Leavitt & 108 Congress Sts.
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DECISION ON THE PETITION OF JOHN KEEFE FOR A
��� SPECIAL PERMIT AND/OR VARIANCE FOR 108 Cong6,Ts/.
47 Leavitt $ 50 Palmer Streets Q :
hearing on this petition was held March 18, 1987 with the following Board
:,,embers present: James Hacker., Chairman; Messrs. , Fleming, .Bencal, Strout
and Associate Member Dore. 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, represented by Attorney Kevin T. Daly , is requesting a
Special Permit and/or Variance to divide property at 108 Congress/47 Leavitt
and 50 Palmer Streets in this 13-1/11-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
.or a Special Permit is Section V B 10, which provides as follows:
"Iotwithstanding 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 granting of the Special Permit will promote the public
health , safety, convenience and welfare of the City's inhabitants..
rhe Variance which has been requested may he granted up-on 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 and struc-,ures in the same
district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner;
and
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 hearing the evidence presented at the hearing
and after viewing the plans, makes the fallowing findings of fact.
here was no opposition to the proposal.
2. ivision of the property will not change the use of the
`properties as 47 Leavitt Street and 108 Congress Street will
remain as one lot.
41
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On the basis of the above findings of fact, and on the evidence presented
et this hearing, the Board of Appeal concludes the following: .
1. The granting of a Special Permit would promote the public health,
safety, convenience and welfare of the City's inhabitants.
2. Literal enforcement of the Ordinance would involve a substantial
hardship of the petitioner.
3. Special conditions exist which especially affect the properties
involved but do not generally affect the district; and
3. The granting of the relief requested would not be detrimental to the
public good and would not nullify or substantially derogate from the
intent and purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
the Variance and Special Permit requ,es
GRANTED.
Peter A. Dore, Associate Member"
Board of Appeal
i, COPY OF THIS DECISICII HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY. SHALL BE 6•ACE PURSUANT TO SECTION 17 OF THE !.'.`SS.
GENERAL LAWS. CHAPTER 802. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILL
OF THIS DECISI06 IN THE OFFICE OF THE CITY S CLERK.
11. THE VARIANCE OP
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GRA:;?EO HEREIN. SHALL N7 -,ASE EFFECT L'l'T:C A COFI' GF THE:`-%�`w'I. EP.,� '�`
FIC'ATlid; OF THE CITY CLERS THAT 20 DAYS HALE CLAFS.D
OR TH4T. IF SULH Ali APPEAL WS BEEN FILE. THAT IT HAS EEEH OIS'.'.ISSED OF,
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II DEXED UN �R THE
OF`RECORD TORTS RECORDEDSEX ANDR NOTEDYONFTH(EDS AI�DOWNER'SI,CERT CERTIFICATE OF TITLE A .� Or THE �� ?
BOARD OF AFPEAL
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DECISION ON THE PETITION OF LEONIDAS & MICHELE GETSIM FOR;.
VARIANCES AT 47 LEAVITT AND 108 CONGRESS STS. (R-3)
A hearing of this petition was held September 19, 1990 with the following Board
Members present: Richard Benca1 , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 Massahcusetts General Laws Chapter 40A.
Petitioners are requesting Variances to allow parcels at 47 Leavitt St. and
108 Congress St. to be divided, the property is located in an R-3 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 and 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; and
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:
1 . There was no opposition resented at the hearing.
PP P 9
2. Division of the property will not change the use of the properties.
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
Variances requested, subject to the following conditions:
Yl�..
DECISION ON THE PETITION OF LEONIDAS & MICHELE GETSOM FOR
VARIANCES AT 47 LEAVITT ST. & 108 CONGRESS ST. , SALEM
page two
1 . Division to be done as per the plans submitted.
GRANTED
September 19, 1990
R-1chard T. eF bonio,Member, 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 d1
the Mass. General Laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chi p+er 808, Section 11, the Variance
or �!pecial Permit granted herein shoal 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 or the owner of record or
Is recorded and noted on the owner's Certificate of TIUe.
BOARD OF APPEAu
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SALEM BOARD OF APPEALS APPROVAL SALEM , MASS►ACMUSETTS
PREPARED FOR : LE:ONIDAS GETSMIM
SCALE : I" = 20 1 JULY 271 1990
PARSONS AND FA IA INC .
480 LINCOLN AVE.
""2 Co"�iquou/ C°a�ai".., q SAUGUS , MASS .
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