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DECISION ON THE PETITION CF RITA DESANTIS, F.J. LiVAS. :R. . ROBER DESANTIS
?OR VARIANCES AT 18 EAST COLLIN'S 5T./9 LATHROP ST./11 LATHROP ST. ( 3-4/R-2)
A hearing on this petition was held March 10, 1993 with the following Board
Members present: Richard Bencal. Chairman; George Ahmed, 7rancis Crealish
:r. , Edward Luzinski and Stephen Touchette. Yotice of the hearing was sent
to abutters and others and notices of the hearing were properly published
_n the Salem Evening News :n accordance with Massachusetts Genera': -aws
:hapter LOA.
?etitioners, owners of the property, are asking to divide property into
three lots, two lots in the B- district will meet requirements. :'ariance
from lot size and front yard requirements are reouested for the house :ot
which is located in the R-2 portion of the lot.
-he 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
and, building or structure involved and which are not generally affecting
ether ':ands, buildings and structures 'involved.
literal enforcement of the trovis,ons of the _'onirg Ordinance rouid
_m ve Substant,al harashib. .inanc,al or otherwise. : , t'e
_ . Cesiracle relief may be granted without suostantial �etr:ment the
public good and without nullifving or substantially cerogat,ng from the
'intent of the district or the purpose of the Ordinance.
-he Board of Appeal, after careful consideration of the evidence :resented
at the hearing, and after viewing the plans, makes the following findings
of fact:
1 . -he lot in question is in harmony with other 'lots :n 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 CN THE PETITION OF RITA DESANTIS, IVAS, 3. . ROBERT CESANTIS
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 heaping, 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. -0, to grant the
variance requested, subject to the following conditions :
1. Petit.oner shall comply with ail 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, 1992
'-anc-,s N. ]realish. .secretary
Board of Appeal
.i COPY OF 'HIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND TEE CI':Y
CLERK
.Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter GOA, and shall be filed within 20
days after the date of filing of this decision in the office of the Citv
Clerk. Pursuant to Massachusetts General Laws Chapter -CA, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the C_ty 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.
f Board of Appeal
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