20 LATHROP STREET - ZBA 20 LATHROP STREET it
r- William Cauley Jr
1
Legal Notice
CITY OF SALEM j
BOARD OF APPEAL
s 745-9595 E#.381
Will hold a public hearing for all
persons interested In the petition sub-
mitted by WILLIAM CAULEY,JR. I
[ requesting a Variance from density
` and side yard setback to build an
addition for a master bedroom.
Addition will be I'from side lot line
for the property located at 20 LATH-
ROP STREET R-2.Said hearing to be
held WEDNESDAY, JANUARY 16,
2002 AT 6:30 P.M., 120 WASHING
TON STREET,3RD FLOOR,ROOM
313.
Nina Cohen'
Chairman I
(1/2,9)
r I+I
r
i
I
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
r 120 WASHINGTON STREET, 3RD FLOORO� A
SALEM, MA 01970 CLERKS LEm
. � TEL. (978) 745-9595
FAX (978) 740-9846 7
STANLEY J. USOMAYOR VICZ, JR. lOO(
JAN 28 P 12..
DECISION OF THE PETITION OF WILLIAM CAULEY JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20 LATHROP STREET R-2
A hearing on this petition was held January 16, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Joan
Boudreau: 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.
The petitioner is requesting a Variance from density and side yard setback to allow an
addition for the property located at 20 Lathrop Street located in a R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. 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. Petitioner and his builders Michael Jones and Matt Huckins appeared and presented
their plan to extend the right rear wall of the existing building by approximately four
feet to allow more interior living space. The proposed addition would be within one
fort at the side property line and therefore requires a side yard variance.
2. The existing property is currently nonconforming as to lot coverage, and the
proposed addition would increase the nonconformity in that regard.
3. There was no opposition to the proposed petition.
DECISION OF THE PETITION OF WILLIAM CAULEY JR. REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 20 LATHROP STREET R-2
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning 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 5-0, to grant the Variances requested,
subject to the following conditions;
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.
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 shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with existing structure.
VARIANCE GRANTED
JANUARY 16, 2002
s
Nina Cohen
Chairman, Board of Appeals
1 Ili
DECISION OF THE PETITION OF WILLIAM CAULEY JR. REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 20 LATHROP STREET R-2
page three.
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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