5-11 LEACH STREET - ZBA 5-11 Leach St. B-1
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*ENDED DECISION ON THE PETITION OF FIVE ELEVEN L REALTY TRUST FOR A
VARIANCE AT 5-11 LEACH ST. (B-1)
A hearing on this petition was held on April 20, 1988 with the following
Board Members present: James Hacker, chairman; Richard A. Bencal, Secretary;
Messrs. , James Fleming and Associate Member Arthur LaBreque. Notice of the
_hearing was sent to abutters and others and notices of the hearing were
properly published in the Salon Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting Variance to allow four stores to be converted to
four residential units in this B-1 zone.
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;
c. desirable relief nay 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 following findings of fact:
1. Less traffic would be generated if the stores were converted to
residential units.
2. One letter was presented in support, two people spoke in opposition.
3. The present store space is small and unrentable.
4. The two persons who spoke in opposition also felt the premsis were
too small for a viable business.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship 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.
ti '
DECISION ON THE PETITION OF FIVE ELEVEN L REALTY TRUST FOR A
VARIANCE AT 5-11 LEACH ST. , SALEM
Page Two
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the
petitioner the variance requested, subject to the following conditions:
"1. All conditions of the letter to the Board from the Salem Fire Dept.
relative to this petition be amplied with;
2. _Maintain Six (6) legal parking spaces on site.
s1 .3. ''No further renovation be done to the property without the obtaining
of any and all proper and legal permits as required by the City
of .Salem.
4. These Variances will automatically expire within Five (5) Years
fraR the date of the filing of this decision, without prejudice
to petitioners right to request such variances be granted again
after their experation.
5. A certificate of occupancy for each unit be obtained.
GRANTED
Rikbard A. Benca , 'Secretary
A COPY. OF THIS DECISION HAS .FIT WITH THE PLANNING BOARD AND THE CITY CLERK
- ^APPEAL--FROM JHIS'DECISION, IF ANY.(SHALL BE MADE PURSUANT.TO SECTION 17-0F THE MASS.
GENERAL LAWS.'CHAPTER 808, AND:SHALL BE FILED n1YITHIN-20 DAYS AFTER THE. DATE OF FILING w
.. .OF THIS DECISION,IN-°THE—OFFICE E14HE -CITYCLERK- -
PURSANT TO MASS. GENERAL LA'NS,,CHAPiER'808.'SECTI^N-11. THE'VARIANCE OR SPECIAL PER`AIT
GRANTED HEREIN, SHALL'NOT TA\E EFFECT UNTIL A-COPY Of THE DECISI --i. BEAR tH7 '—_RT
FICATION OF THE C';Y CLERK THAT 29 DAPS HAVE FLAP .,:) A?i NO APPEAL HAS E-E1. PLED,
C'R THAT. IF SUC9 AN APPEAL HAS BEEN FILE THAT G is 6-,EN DIS:mSSE CR DENIED 1S
P.ECunDED IN TH'� S"JAN ESSEX RE: THi OF ^EDS FurO !i:UEXED Ui'iDEP. TfiE FLS;.';E CIF TH` O'ii..
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
...a BOARD OF APPEAL
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PROPERTY OWNER:
Arthur Pavlo and Mathew N. Ambeliotis ,
Trustees of Five Eleven L Realty I hereby certify that the premises
Trust shown are located on the ground as
shown and that they conformed to
the zoning set-back requirements of
PROPERTY : the City of Salem when constructed.
5-11 Leach Street , Salem, MA I further certify that the premises
shown hereon are not located within
a flood hazard zone as indicated by
FIRM Map No. 250102 .
1,A OF Ajj S
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