14 LATHROP STREET - CEMPELLIN, PETER - ZBA 14 Lathrop St. R-2.
Peter Cempellin, Tr. of
14 Lathrop St. Trust
i
,
\x' v
I
jy,
"' Tt of5iem, �zsrzci�k �
s a,
uttril rrfApp
szt1 •83 DE ; 14 P2 :58?
DECISION ON THE PETITION OF PETER CEMPELIN FOIA A
VARIANCE FOR 14 LATHROP ST. , SALEM
A hearing on this petition was held November 30, 1983 with the following
Boarand a
Members present: James Hacker, Chairman; Messrs. , Charnas, -Hopp ,
Associate Member Bencal. 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 requests a Variance to use the premises as a three family dwelling in
this R-2 district.
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;
and
' 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 or the purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing,, makes
the following findings of fact:
1 . Vigorous opposition to the plan was presented by neighbors;
2. Petitioner knew or should have known when he bought the premises that
it cannot be used as a three family dwelling without a Variance;
3. There is a parking problem in the neighborhood which would be
exacerbated if this petition were granted.
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 . Any hardship on petitioner which literal enforcement of the Zoning
Ordinance would work would be one that could have anticipated by the
petitioner prior to purchasing the property, and thus not the type of
hardship referred to in Section IX (E) (1 ) (6) of the Zoning Ordinance;
2. The relief requested cannot be granted without substantial detriment _-
to the public good or r :ithout substantially derogating from the. intent
or purpose of the Zoning Ordinance.
DECISION ON PETITION OF PETER CEMPELLIN
FOR A VARIANCE FOR 14 LATHROP STREET
Therefore, the Zoning Board of Appeal voted unanimously against granting the
relief requested. The petition is denied.
x 41 Scott. E. Charnas, Acting Secretary
v1 �-
p- oC- - -
tC �•4)
E - U
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A`'PEU t 1 THIS DELI-I + i- ANY. SHALL BE 77ADE PURSUANT TO SECT!0.4 17 OF E
f-E -Fii�L L�•.'7S. Cy�P?.u� M. P`;D SIIS= MED %:':TIRM 20 DAYS AFTER. :NE DATE OF FILING
'E'IS!u:-I IN TN 0910E DC WE CITY CLERK. -
P,1?... ? i„ :_:ASS. C';0-!Z4' L.,! 11 ?TER S3S*CUON 11, M 1'Lx r- `C•+ IF
1'_ C FE. a. _.
LCA i': E EM° T UNid A COPY Cr H `- i'
. I iF ihC CITY CLESi( AT 20 CAPS HAVE ELPPSLD W0 NI Ac. AL H c .t F'; 3. -
LR -.",Ay, IF SUCH AN ARFEAL HAS BEEN N-E. THAT IT HPS BEECR 011.;1.1 iS
R`_CO.,T-D IN THE SOUTH ESSEX REGISTRY DF DEEDS AND IRCEY.ED UNDE THE NPt:iE 0.TiiE G:r N-E
OF RECORD OR IS RECORDED AND. NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
_., BOARD OF APPEAL -
x