83-83 1/2 SUMMER STREET - ZBA 83-832 Summer St. R-2
Anthony Takis (petitioner)
Nancy Perroni (owner)
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OCT 21 3 o4 M ta7
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DECISION ON THE PETITION OF ANTHONY C. TAKIS FOR A VARIANCE-
FOR 83-832' SUMER ST. (R-2) Nancy Perroni (Owner)
A hearing on this petition was held August 5, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Fleming, Luzinski and Associate Members
Dore and LaBrecque. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in accord-
ance with Massachusetts General Laws Chapter 40A.
The owner and the petitioner, represented by Attorney George P. Vallis, seek a
Variance to allow the present nonconforming lot to be divided into two (2) lots,
with the existing structures to remain unchanged. The property is zoned R-2
11.11
The Variance which has been requested may be granted upon a finding of the
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 structures in the same district;
b. literal enforcement of the provisions-of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nillifying 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, and
after viewing the plans, makes the following findings of fact: .
1 . There was no opposition to the petition presented at the public hearing;
2. Both structures on the present lot were built several decades prior to
the enactment of the existing Zoning Ordinance;
3. There would be no increase or change of the use of the existing buildings,
if the variance were granted, only the ownership of the present structures.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed division of the existing lot will not be substantially
detrimental to the neighborhood and will not nullify or substantially
derogate from the intent of the district or the purpose of the Ordinance;
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner and owner;
DECISION ON THE PETITION OF ANTHONY TAKIS FOR A VARIANCE
FOR 83-83' SUMMER ST. , SALEM
"a page two,,
Therefore, the Zoning Board of Appeal voted 4-0, Mr. Luzinski abstaining, to grant
the Variance requested, subject to the following conditions:
1 . The existing lot is to be subdivided as per the plans submitted, except
rear yard setback for Lot $1 on the plan shall be zero (01 ) feet;
2. The petitioner and owner shall comply with all requirements of the Salem
Fire Department relative to fire safety.
VARAINCE GRANTED / /I
James M. Fleming, Esq. , Vi Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK "
ANAL FROM THIS DnISLUN. IF ANY. SH.SLL BE MADE PURSUANT TO SECTION 17 OF THE h:ASS.
GENERAL LAWS. CHAPTER SOS. A'iD SHALL FEE RLEu WITHIN 20 DAYS ABET: THE DATE OF FILING
0i THIS DECISION IN THE OFFICE OF THE CIT' CLERK,
O t.A+ S CENER'. L S CH2CE. SEC 11 THE k P A%CE OP, SPEC A' PEES.SR
CRA6TED HH_RDN. SH.-.LL NGT T%.P.E EFFTCT UNTIL A CnPY OF THE OE -! EIH-- CRT-
. Pc A.';: A.F PEA! H' EEE'1 TILED.
FIC,ATIJtt OF THE CI"FY CLERr: THF. 20 DAPS HAVE R4 ED S
OR THAT, IF SUCH An APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISt2.ISSED OR CEI;IED IS
RECORDED IN THE SOUTH ESSEK REGISTRY OF DEEDS AND INDEXED UNDER THE Ii4i.iE OF THE 014
- OF USl121 OR IS RECORDED AND NOTED ON THE OViNER'S CERTIFICATE OF TITLE. ,
BOARD OF APPEAL
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