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Legal Notice
CITY OF SALEM
_ BOARD OF APPEAL t
1 978-745.9595 X 381 f
Will hold a public hearing for all t'•
persons interested in the petition sub- 0
mitted by THEODORE& SHIRLEY (�
ANGELAKIS requesting Variances c,
from frontage and lot size requirements 5.
to acquire a small 113 square foot por-
tion of the property at 9 MALL
STREET for the property located at 7
MALL STREET R-2.Said hearing will
be held on WEDNESDAY, SEPTEM- c:
BER 21, 2005 AT 6:30 P.M., 120 Ci
WASHINGTON STREET, 3RD
FLOOR,ROOM 313. — _
Nina Cohen '
Chairman
OF (9/7,14) _ f
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 n
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STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 O Z�7 Y
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DECISION OF THE PETITION OF THEODORE& SHIRLEY ANGELAffiS -
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 MALL rn3
STREET R-2 `y v
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A hearing on this petition was held on October 19,2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Steven Pinto, Robin Stein
and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from frontage and lot size requirements to acquire
a 113 square foot portion of land from the property located at 7 Mall Street to be given to
9 Mall Street located in an R-2 zone.
The Variances, which have been requested, upon a finding 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 this 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. The property located at 9 Mall Street is an irregularly shaped lot and the owners
believed that they owned this portion of land and had landscaped this portion.
2. The property owner at 7 Mal Street has agreed to give this piece of land to the owners
of 9 Mall Street. In doing so, the property owner increases the non-conformity of the
lot at 7 Mall Street which necessitates the need for the requested variances.
3. Attorney Sally Calhom appeared and represented the petitioners.
4. There was no opposition to this petition.
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DECISION OF THE PETITION OF THEODORE&SHIRLEY ANGELAKIS
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 MALL
STREET R-2
page two
On the basis of the above finding of fact, 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 petition.
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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
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Variance Granted `93'onnie�
October 19, 2005 Board of Appeal
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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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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