94 LEACH STREET - DESCHENES, RICHARD - ZBA 94 LEkll ST R-2
Richard Deschenes (petitioner)
Karen Hallinan (owner)
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Ni LEACH ST R-'
Richard Deschenes (petitioner)
Karen Hallinan (owner)
~` Citq ofSalem, C tzss tljuse ts� ,,, ,Q1
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�177 ASS.
DECISION ON THE PETITION OF RICHARD DESCHENES TfON) , KAREN
HALLINAN (OWNER) FOR A SPECIAL PERMIT AT 94 LEACH ST. (R-2)
A hearing on this petition was held January 21 , 1987 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Fleming and Strout. 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 a Special Permit to convert a two (2) family dwelling
into a three (3) family dwelling in this R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding 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 grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . No support or opposition was raised at the hearing;
2. There are other three family buildings in the neighborhood.
On the basis of the above findings of fact, and ont the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . The proposed addition will not be substantially mor;;
detrimental than the existing use to the neighborhood;
2. The proposed addition will promote the convenience and
welfare of the City's inhabitants.
DECISION ON THE PETITION OF R_CHARD DESCHENES (PETITIONER) , KAREN H.ALLINAN
(OWNER) FOR A SPECIAL PERMIT FDR 94 LEACH. ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0; to grant the
Special Permit to allow the conversion of a two family dwelling into a three
family dwelling, suject to the following conditions:
1 . The building is to be owner occupied;
2. Renovations be done per all City and State codes;
3. all applicable provisions of the Salem Fire Dept. relative
to fire safety be adhered to;
4. A Certificate of Occupancy for the third unit be obtained;
5. Five (5) legal, non-piggyback, parking spaces be maintained on site.
SPECIAL PERMIT GRANTED
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Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
+ Officc of the allitu Council
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�'40gMg WPI' WARD COUNCILLORS
LEONARD F.O'LEARY
1987
COUNCILLORS-AT-LARGE PRESIDENT GEORGE A NOWAK
1987
JOSEPHINE R. FUSCO KEVIN R.HARVEY
ROBERT E.GAUTH IER VINCENT J.FURFARO
FRANCES J.GRACE CITU CLERK
LEONARD F.O'LEARV
NEIL J.HARRINGTON
JEAN-GUY J.MARTINEAU
RICHARD E.SWINIUCH GEORGE P.McCABE
JOHN R.NUTTING
January 21, 1987
Mr. James B. Backer, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Mr. Backer: '
Please be advised that I wish to be recorded as opposed to the
petition of Richard Deschenes for a Special Permit to convert a
two-family dwelling into a three-family dwelling at 94 Leach Street.
I am opposed due to the residential density problems, as well
as the unavailability of parking in the area.
Very truly yours,
JEAN=GUY I�1AI�I'INEAU �
COUNCI V�1RD FIVE
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