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
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Naa 10 1 32 FM '97
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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
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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
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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
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