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9 LATHROP STREET - BUILDING INSPECTION 9 LATHROP STREET'., 9 Citp of Salem, fKag5arbu5ett!6 Vublic Vropertp Mepartment j8uilbing Mepartment One Tatem Oreen (978) 745-9595 ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 27 , 1998 Rita Desantis 18 East Collins Street Salem, Mass . 01970 RE : 18 E . Collins St . 9 Lathrop St . 11 Lathrop St . Dear Ms . Desantis : In May of last year this Department sent you a letter concerning the installation of a new fence at the locations stated above . I also filed an application for a complaint with the Salem District Court, at which time you were represented by Attorney Henry Lucas Jr . , who stated that the property was in the process of being sold and that the new owners would be replacing the fence per Board of Appeals decision. I have no idea if the property has been sold or not , you have not communicated with this office whatsoever , so I am ordering that the fence be replaced per Zoning Board of Appeals decision of March 10, 1993 which states; "The fence which runs along East Collins St . is to be repaired and maintained within thirty (30 ) days of the filing of this decision. Plantings to be completed one year from date of filing of this decision. " Filing date was March 24 , 1993 and to this date the work has not been started. The fence is in disrepair and mast be replaced . If work does not begin within the next ten ( 10 ) days of this letter, court proceeding will be filed against you . Thank you in advance for your anticipated cooperation in this matter. :r ,y Sincerely, Leo E . Tremblay Zoning Enforce ent Officer LET: scm cc : Coucillor Flynn, Ward 2 Henry Lucas Jr. John Keenan , Assistant Solicitor 3 ` Titg of O�ttlem, massacllusetts Public Propertq i9epartment Nuilbing i9eparttnent (One 6alem 4reen 508-745-9595 $xt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 30 , 1997 Rita Desantis 18 East Collins Street Salem, Mass . 01970 RE : 18 E . Collins St . 9 Lathrop Street 11 Lathrop Street Dear Mrs . Desantis : On March 10 , 1993 and also on January 28 , 1997 , you petitioned the City of Salem Board of Appeal on the above mentioned properties . In on both occasions . the Board had several conditions as a matter of granting the Variances and Special Permits . One of the conditions ( copy enclosed) was #8 of the January 28 , 1997 and #2 of the March 10, 1993 which addresses the fence located on East Collins Street and Lathrop Street . This work was never performed. This office has been asked to enforce these conditions . If no work is performed on the existing fence within the next fifteen ( 15 ) days after receiving this letter court action will be taken against you. Please contact me upon receipt of this letter to inform me as of your course of action in this matter. Thank you for your anticipated cooperation in this matter. Sincerely, uN Gv%C[-r,y��✓ Leo E . Tremblay Zoning Enforcement, Officer LET: scm cc : Councillor Flynn. Ward 2 ( ittl of �5ZIiVM, 4E555Z1r1Tl15Eft9 �parb u{ A vnl r - jjLV ZS Z to p 97 CITY f,l W.LfM. MASS CLL i K'S Of FiCE DECISION ON THE PzTITION OF RITA,Mi: DESA; T-IS FGP.`A VARIANCE & SPECIAL PERP:IT AT 18 EAST COLLINS ST. , 3 R BRIDGE ST. 6 11 LATHROP STREET A hearing on this petition was he anuary 13. 1997 with the following Board Members present: Gary Barrett; Chairman, .Dina Cohen, Joseph Ywuc, Albert Hill and Richard Dionne. 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, owner of the property, is requesting a Variance to divide the premises into four (4 ) lots. Lot 51, 18 East Collins Street: Variance from lot size and front yard setback requirements. Lot � 2, 11 Lathrop Street: Special Permit for a change of use in an R-2 District. Lot t1'3, 9 Lathroo Street: Variance from Rear setback requirements and a Special Permit for a change of use in an R-2 District. Lot :,!4, 63R Bridge Street: Variance from Rear setback requirements and a Special Permit for a change in use in an R-2 District, The Variances and Special Permits which have teen 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 ?ands, buildings and structures involved. 2. :.iteral enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. Desirable relief may be granted without substantia: detriment to the public good and without nullifying or substantiaily derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the pians, makes the following findings of fact: 1. There will be a fuller use of the property when divided. Speaking in favor of the petition: Francis Mayo. Steven Vollman. Robert Herman, :osepn Mercurio, John Clark, Stella Beote, Robert DeSantis and Eileen Dickenson. Speaking in opposition to the petition: Philip Bedard. page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances and special permits requested, subject to the following conditions: Lot #1, is for residential use. 1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Lot 0 2.is to be used for storage of new automotive vehicles and equipment only. 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 5. The Perimeter Fence on Lathrop Street and East Collins Street will be replaced and or upgraded. 6. Access to Lot 02 will be from Lathrop Street, Bridge Street or Cromwell Street. 7. Hours of operation will be from 7Am - 3PM, Xonday through Saturday. 8. Security Lighting shall be installed as to not intrude into the surrounding residential Housing. 9. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot 03 is to be used for auto body repair and used auto sales. 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submittec and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. G. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancv is to be obtained. 6. A Certificate of Inspection is to be obtained. page three 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. The Perimeter Fence on Lathrop Street will be replaced and or upgraded. 9. Hours of operation for auto body repair will be from 7AM - 6PM, Monday through Friday and 8AM - 2PM on Saturdays. 10. The number of used automobiles for sale on display and visible from Lathrop Street, shall not exceed three (3) automobiles at any one time. 11. Security Lighting shall be installed as to not intrude into the surrounding residential Housing. 12. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot #4. is to be used as automotive tire and spring sales and installation. 1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 2. Hours of operation will be from 8AM - SPM, Monday through Friday and 8AM - 12Noon on Saturdays. 3. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. Variances and Special Permits Granted January 15, 1997 Albert C. Hill, Jr. 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 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 . C Tittl of tticm, ?i��s5ttrltusetts >i Bourb of Au{reul NaR Zq 1'I DECISION ON THE PETITION OF RITA DESANTIS, F.J. LIVAS. JR. , ROBERT DESANTIS FOR VARIANCES AT 18 EAST COLLINS ST./9 LATHROP ST./11 LATHROP ST. (B-4/R-2) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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 LOA. Petitioners, owners of the property, are asking to divide property into three lots, two lots in the B-4 district will meet requirements, 'variance from lot size and front vard requirements are requested for the house lot which is located in the R-2 portion of the lot. 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 petiticner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifving 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 . The lot in question is in harmony with other lots in the general area. There would be a hardship to the owner if this variance were not allowed. 2. The existing dwelling will not substantially alter the existing character of the neighborhood and will not be detrimental . DECISION ON THE PETITION OF RITA DESANTIS, F.J. LIVAS, JR. , ROBERT DESANTIS FOR VARIANCES AT 18 EAST COLLINS ST./9 LATHROP ST. /11 LATHROP ST. , 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. The fence which runs along East Collins St. is to be repaired and maintained within thirty (30) days of the filing of this decision. Plantings are to be placed along the East Collins St. fence and spaced reasonably on center to allow to allow proper growth, plantings to be completed one year from date of filing of this decision. VARIANCE GRANTED March 10, 1993 Francis X. Grealish, Secretary 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 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 d ' y , m 3 ' ��tTMtC2C� �IItlr� Naa 10 1 32 FM '97 x CITY OF SALCM.. MASS ""°wn8n° i9iX[Y ` fXl2rii i�prC222 CLI.'RVS OFFICE FORM A - DECISION Ms. Deborah Burkinshaw City Clerk Salem City Hall Salem, MA 01970 Dear Ms. Burkinshaw: At a regularly scheduled meeting of the Salem Planning Board held on March 6, 1997 it was voted to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: 1. Applicant : Rita DeSantis by her Attorney Henry Lucas 133 Washington Street Salem, MA 01970 2. Location and Description: 63R Bridge Street, 9 Lathrop Street, 11 Lathrop Street and 18 East Collins Street Deed of property records in Essex Soutn District Registry. Sincerely, Walter B. Power, II1° L Chairman EX\DH\BPFORMA Cl l Y Uh JALLM - NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: Address: ?'��� `r9T�I� Complaint: CC if/ceme /^�C✓� /!�/% .# Complainant: Phone#: Address of Complainant: DAVID SHEA, CHAIRMAN KEVIN HARVEY UILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR DPW WARD COUNCILLOR DAN GEARY �^-or SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. \ACTION: � �.� G-2t,(� /JG�.�v�/f-e_/-^ ��� ��> �. �,�r�_ ,o � G8 0A V/"��-)� �/,a'd j,�� /✓Z�jJI-GLC MC//�LC�./J' �L!/) L( � l.t.�./L �l i]A /�_/"J C+l�(`�JCSZY"�-' @yJ/A4_A 0!J .L,l V, tea: . UTvr.M` Tito of �iuiem, _�Easszlef nuffa 4 _�I3nnr3 of 3,�eui Ju ZS 2 20 Pr 197 CITY U -4ALi"M. MASS CUPIK'S OfFICF DECISION ON THE -T' TTION OF RITA i'i. DESANTIS :OR A VARIANCE S SPECIAL PERPi1T AT 18 EAST COLLINS ST. , 63 R BRIDGE ST. , 9 & 11 LATHROP STREET A hearing on this petition was held January 15. 1997 with the following Board Members present: Gary Barrett; Chairman, Nina Cohen. Joseph Ywuc. Albert Hill and Richard Dionne. Notice of the hearing was sent to abuttE and others and notices of the hearing were properly published in the Sal( Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Variance to divide the premises into four ( ,) lots. Lot V1, 18 East Collins Street: Variance from lot size and front yard setback requirements. Lot sf2, 11 Lathrop Street: Special Permit for a change of use in an R-2 District. Lot r13, 9 Lathrop Street: Variance from Rear setback requirements and a Special Permit for a change of use in an R-2 District. Lot :04, 63R Bridge Street: Variance from Rear setback requirements and a Special Permit for a change in use in an R-2 District. The Variances and Special Permits which have been requested may be grante upon a finding by this Board that: I. Special conditions and circumstances exist which especially affect tk land, building or structure involved and which are not generally affecting other '_ands, tuildings and structures 'Involved. 2. literal enforcement of the provisions of the Zoning Ordinance would 'involve substantial hardship, financial or otherwise. Lo the petitioners. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from t intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presente at the hearing, and after viewing the pians. wakes the following findings of fact: 1. There will be a fuller use of the property when divided. Speaking in favor of the petition: Francis Mayo, Steven Hollman. =obert Herman. .;osevn Mercurio. John Clark, Stella Beote, Robert DeSantis and Eileen Dickenson. Speaking in opposition to the petition: :hilip Bedard. page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: Lot # 1 is for residential use. 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. Lot # 2 is to be used for storage of new automotive vehicles and equipment only. 1 . Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 5. The Perimeter Fence on Lathrop Street and East Collins Street will be replaced and or upgraded. 6. Primary access to Lot # 2 will be from Lathrop Street, Bridge Street or Cromwell Street. 7. Hours of operation will be from 7AM - 5PK_, Monday through Saturday. 8. Security lighting shall be installed as to not intrude into the surrounding residential housing. 9. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot #3 is to used for auto body repair and used auto sales. 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. page three 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. The Perimeter Fence on Lathrop Street will be replaced and or upgraded. 9. Hours of operation for auto body repair will be from 7AM - 6PM, Monday through Friday and SAM - 2PM on Saturdays. 10. The number of used automobiles for sale on display and visible from Lathrop Street, shall not exceed three (3) automobiles at any one time. 11. Security Lighting shall be installed as to not intrude into the surrounding residential Housing. 12. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot #4. is to be used as automotive tire and spring sales and installation. 1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 2. Hours of operation will be from SAM - 5PM, Monday through Friday and SAM - 12Noon on Saturdays. 3. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. Variances and Special Permits Granted January 15, 1997 Albert C. Hill, Jr. 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 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 Chi of .-'-5ulem, ��ZI85c�L1T1ISPftB Puara of Azpral m 051 CITY RK j-M iC SS DECISION ON THE PETITION OF RITA M. DESANTIS FOR A VARIANCE & SPECIAL PERMIT AT 18 EAST COLLINS ST. , 63 R BRIDGE ST. , 9 & 11 LATHROP STREET A hearing on this petition was held January 13, 1997 with the following Board Members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc, Albert Hill and Richard Dionne. 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, owner of the property, is requesting a Variance to divide the premises into four (4) lots. Lot #1, 18 East Collins Street: Variance from lot size and front yard setback requirements. Lot #2, 11 Lathrop Street: Special Permit for a change of use in an R-2 District. Lot #3, 9 Lathrop Street: Variance from Rear setback requirements and a Special Permit for a change of use in an R-2 District. Lot #4, 63R Bridge Street: Variance from Rear setback requirements and a Special Permit for a change in use in an R-2 District. The Variances and Special Permits which have 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 petitioners . 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 of 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 will be a fuller use of the property when divided. Speaking in favor of the petition: Francis Mayo, Steven Wollman, Robert Herman, ;oseph Mercurio, John Clark, Stella Beote, Robert DeSantis and Eileen Dickenson. Speaking in opposition to the petition: Philip Bedard. page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances and special permits requested, subject to the following conditions: Lot #1 . is for residential use. 1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Lot # 2.is to be used for storage of new automotive vehicles and equipment only. 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner is to obtain approval from anv City Board or Commission having jurisdiction including, but not limited to the Planning Board. 5. The Perimeter Fence on Lathrop Street and East Collins Street will be replaced and or upgraded. 6. Access to Lot #2 will be from Lathrop Street, Bridge Street or Cromwell Street. 7. Hours of operation will be from 7Am - SPM, Monday through Saturday. 8. Security Lighting shall be installed as to not intrude into the surrounding residential Housing. 9. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot S3 is to be used for auto body repair and used auto sales. 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. page three 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. The Perimeter Fence on Lathrop Street will be replaced and or upgraded. 9. Hours of operation for auto body repair will be from 7AM - 6PM, Monday through Friday and 8AM - 2PM on Saturdays. 10. The number of used automobiles for sale on display and visible from Lathrop Street, shall not exceed three (3) automobiles at any one time. 11. Security Lighting shall be installed as to not intrude into the surrounding residential Housing. 12. Audible Security Alarms should have 10 minute cutoff after alarm has sounded. Lot #4. is to be used as automotive tire and spring sales and installation. 1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 2. Hours of operation will be from 8AM - SPM, Monday through Friday and 8AM - 12Noon on Saturdays. 3. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. Variances and Special Permits Granted January 15, 1997 Albert C. Hill, Jr. 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 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 Tito of 14'�ttlem, Anoliac4usetts Public Prapertg Department iguilbing Department (One Salem (keen 500-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 7 , 1997 City of Salem Licensing Board 95 Margin Street Salem, Mass . 01970 RE:,-9 LatL treet =—v Dear Chairman Boris : After receiving your hearing notice and agenda for Monday, January 13 , 1997 and reviewing same, it is my duty to inform you that 9 Lathrop Street is zoned R-2 residential and sales of automobiles are not permitted on that property. The property has grandfathered rights for auto body repairs , should the auto body repair cease, the property automatically returns to R-2 residential use only, unless a special permit is granted through the City of Salem Board of Appeals process . If this office can be of any further assistance, please do not hesitate to call . Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc : Judy Davenport Councillor Flynn, Ward 2 CITY OF SALEM, MASSACHUSETTS LICENSING BOARD Wtl 95 MARGIN STREET P.O. BOX 1042 9eC�MIN6�� TEL. 744-0171 EXT. 30 CLERK Chairman,John A. Boris JUDY DAVENPORT James M. Fleming John M. Casey .� HEARING NOTICE Notice is hereby given in accordance with Chapter 39, Sec, 23A of the General, Laws of Massachusetts that a meeting of the Salem Licensiag Board will be held on Monday, January 13 , 1997 at 6 : 00 p.m—in the SQcond Floor Conference Room, One Salem Green. AGENDA 1 . Discussion with Chestnut Street Investments , Inc . d/b/a In A Pig' s Eye,' 146-148 Derby St. 2 . Application forla Change of Manager . Applicant: Palmers Cove Yacht Club, 74 Leavitt St . 3 . Application toradd a d/b/a and an extension of hours . Applicant: Christina Vaggelakis d/b/a Christina' s Pizza, 239 Lafayette St. 4 . Application for� two 1-day licenses . Applicant: Winter Island Productions Inc, Winter Island Park. . Application forla Class II Auto Dealer License . Applicant: Redi-Rite Auto Sales, 9 Lothrop St. 6 . Application for outside seating. Applicant: Bruegger' s Bagels, 9 Church St. 7 . Old/New Business . 8 . Communications . Judy Davenport Clerk -ro ' (91tu of &ttlem, � usSttclIuse2tG 1�! �OEIr �s c 1J ai sspra i &R �� k *� cf- DECISION ON THE PETITION OF RITA DESANK S,_ F.J. LIVAS. JR. . ROBERT DESANTIS FOR VARIANCES AT 18 EAST COLLINS ST:JLGR }AT A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis �irealish Jr. , Edward Luzinski and Stephen Touchette. IN otice of the hearing was sent to abutters and others and notices of the hearing were properly published -n the Salem Evening ;';ews in accordance with Massachusetts Genera' 'Laws Chapter 1OA. Petitioners, owners of the property, are asking to divide property into three lots, two lots in the B-5 district will meet requirements, 'variance from lot size and front yard requirements are requested for the house lot which is located in the R-2 portion of the lot. 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. _iteral enforcement of the rrovisions of the %oning Ordinance . ouid _avolve substantial hardship, nanciai or otherwise. -c the ret ticner. 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 cresented at the hearing, and after viewing the plans, makes the following findings of fact: 1. The lot in question is in harmony with other lots in the general area. There would be a hardship to the owner if this variance were not allowed. 2. The existing dwelling will not substantially alter the existing character of the neighborhood and will not be detrimental. DECISION ON THE PETITION OF RITA DESANTIS. F.J. LIJAS, :R. . ROBERT DESANTIS FOR VARIANCES AT 18 EAST COLLINS ST./9 LATHROP ST./11 LATHROP ST. , 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. =. 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. "herefore. 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. The fence which runs along East Collins St. is to be repaired and maintained within thirty (30) days of the filing of this decision. Plantings are to be placed along the East Collins St. fence and spaced reasonably on center to allow to allow proper growth, plantings to be completed one year from date of filing of this decision. VARIANCE GRANTED ?arch 10, 1992 � r ?rands X. Greaiish, Secretary Board of Appeai 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 ZO days have elapsed and no appeal has been filed, or that. :f 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 y