11 LATHROP STREET - BUILDING INSPECTION 14 LATHROP STREET
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DECISION ON THE PETITION OF RITA M. DESANTIS FOR A VARIANCE & SPECIAL
PERMIT AT 18 EAST COLLINS ST. , 63 R BRIDGE ST. , 9 & it 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 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 01, 18 East Collins Street: Variance from lot size and front yard
setback requirements.
Lot 1112, 11 Lathrop Street: Special Permit for a change of use in an R-2
District.
Lot 03, 9 Lathrop Street: Variance from Rear setback requirements and a
Special Permit for a change of use in an R-2 District.
Lot 14, 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 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 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 4ollman. Robert Herman. ;oseph Mercurio.
John Clark, Stella Beote, Robert DeSantis and Eileen Dickenson.
Speaking in opposition to the petition: Philip Bedard.
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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 L`1. is for residential use.
1. Petitioner is to obtain approval from anv 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 safetv 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 02 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 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 submitted
and approved by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department relative to smoke and
fire safetv 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 114. 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
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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 or property records in Essex Soutn District Registry.
Sincerely,
Walter B. Power,
Chairman
EX\DH\BPFORMA
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Cftv of *alem, Alam buatt!5
� 2= Public Prupertp Department
JBuilbing -Mepartment
One Salem Oreen
(978) 745-9595 QZxt. 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
vou .
Thank you in advance for your anticipated
cooperation in this matter .
i
Sincerely,
�C
Leo E . Tremblay
Zoning Enforce en
t Officer
LET: scm
cc : Coucillor Flynn, Ward 2
Henry Lucas Jr .
John Keenan , Assistant Solicitor
Section 10.
Variances
The permit granting authority shall have the power after public hearing for which notice has been given
by publication and posting as provided in section eleven and by mailing to all parties in interest to
grant upon appeal or upon petition with respect to particular land or structures a variance from the
terms of the applicable zoning ordinance or bylaw where such permit granting authority specifically
finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve
substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may
be granted without substantial detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of such ordinance or bylaw. Except where local ordinances or
bylaws shall expressly permit variances for use, no variance may authorize a use or activity not other-
wise permitted in the district in which the land or structure is located; provided, however, that such
variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time.
may be extended on the same terms and conditions that were in effect for such variance upon said
effective date.
The permit granting authority may impose conditions, safeguards and limitations both of time and of
use, including the continued existence of any particular structures but excluding any condition.
safeguards or limitations based upon the continued ownership of the land or structures to which the
variance pertains by the applicant. petitioner or any owner.
If the rights authorized by a variance are not exercised within one year of the date of grant of such
variance. rights shall lapse; provided, however, that the permit granting authority in its discretion and
upon written application by the grantee of such rights may extend the time for exercise of such rights
for a period not to exceed six months; and provided, further, that the application for such extension is
filed with such permit granting authority prior to the expiration of such one year period. If the permit
i granting authority does not grant such extension within thirty days of the date of application therefor.
and upon the expiration of the original one year period, such rights may be reestablished only after
notice and a new hearing pursuant to the provisions of this section.
A facility. as defined in section one hundred and fifty A of chapter one hundred and eleven, which has
received a site assignment pursuant to said section one hundred and fifty A. shall be permitted to
be constructed or expanded on any locus zoned for industrial use unless specifically prohibited by the
ordinances and bylaws of the city or town in which such facility is proposed to be constructed or ex-
panded, in effect as of July first, nineteen hundred and eighty-seven; provided, however. that all per-
mits and licenses required by law have been issued to the proposed operator. A city or town shall not
adopt an ordinance or bylaw prohibiting the siting of such a facility or the expansion of an existing
facility on any locus zoned for industrial use, or require a license or permit granted by said city or
town except a special permit imposing reasonable conditions on the construction or operation of the
facility, unless such prohibition, license or permit was in effect on or before July first, nineteen hundred
and eighty-seven; provided, however, that a city or town may adopt and enforce a zoning or non-zoning
ordinance or bylaw of general application that has the effect of prohibiting the siting or expansion of a
facility in the following areas: recharge areas of surface drinking water supplies as shall be reasonably
defined by rules and regulations of the department of environmental quality engineering, areas subject
to section forty of chapter one hundred and thirty-one, and the regulations promulgated thereunder; and
areas within the zone of contribution of existing or potential public supply wells as defined by said
department. No special permit authorized by this section may be denied for any such facility by any
city or town; provided, however, that a special permit granting authority may impose reasonable condi-
tions on the construction or operation of the facility, which shall be enforceable pursuant to the provi-
sions of section seven.
Massacnusells Federation of Planning and Appeals Boards 196o
(Revised 1969. 1973, 1977. 19661
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DECISION ON THE PETITION OF RITA DESANTIS, F.J. LIVAS,=JR...:ROBERT DESANTIS
FOR VARIANCES AT 18 EAST COLLINS ST./9 LATHROP ST.%1' 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 Creaiish
?r. , 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 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 provisions of the Zoning Ordinance � ould
'r,vo:ve substantial hardship, 1_nancial or otherwise. to the tec t_cner.
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 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.
_'. The existing dwelling will not substantially alter the existing
character of the neighborhood and will not be detrimental .
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DECISION ON THE PETITION OF RITA DESANTIS, ^.J. LIVAS, :3. , 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.
Therefore, the Zoning Board of Appeal voted unanimously, 3-0. Lo grant the
van ance 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
March 10, 1992
Francis R. reaiish, Secretary
Board of Appeai
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND T:HE 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 owners Certificate of Title.
Board of Appeal
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