101-101 1/2 MASON STREET - VARGAS & MCKINNON, JOS & ALBERTINA & MICAHEL - ZBA i
101-1012 Mason St. R-2
Jos. & Albertina Vargas
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Michael McKinnon
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DECISION ON PETITION OF JOSEPH AND ALBERTINA VARGAS/MICt1W�'MG[ �N' 0
FOR VARIANCES FOR 101-1012 MASON STREET, SALEM
A hearing on this petition was held on November 16, '1983 with the following
Board Members present: James B. Hacker, Chairman; Messrs. , Charnas, Hopper,
Luzinski and Piemonte. Notices of the hearing were 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.
Petitioners seek Variances from minimum frontage, density and side setback
zoning requirements 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 . No opposition was raised by neighbors to petitioner's plan;
2. Petitioner McKinnon purchased the subjection property in good faith
without knowledge of the necessity of obtaining variances to make the
title marketable;
3. Without the requested variances, the title to the subject property would
not be marketable;
4. The above described situation is uniques and does not generally affect
the district.
One the basis of the above findings of fact, the Board of Appeal concludes as
follows:
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1 . Special conditions or circumstances exist which affect this lot and
which do not generally affect the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon the petitioner;
DECISION ON PETITION OF JOSEPH AND ALBERTINA VARGAS/
MICHAEL MCKINNON FOR VARIANCES FOR 101-10112 MASON ST.
3. The variance requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent and
purpose of the Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously to grant the requested
Variances.
Scott E. Charnas, Acting:Secretary
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY .CLERK
APPEAL FRO''f IY IS O- !'r A;"Y SHAD D,1 t^FDE PL^SCiNT TO SECTU'N 17 _-
. C E;'.AL LATaS. UP, ' —3. AND S'AU BE F EJ °a' 20 DAYS AFTER r UE OF -
OF TH;S DECiS:J,N IN lflE OFFn.E OF THE CITY CLERK, -
V:--SFNT 'TO f'.AS3. :ENEW'L LA::S. CHAPTER 903. S_UMN 1.. 7H"e V AP.'AT ° - _ 3".-
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,HE2E! i cyAL N.)" TA:-.E. EFFECT UNTIL A COPY OF -
.. PON OF Til- "LERt TdAI 20 DAYS 'HAVE EL?.?SED AN-) N^SED "
C`. TcAT IF SUCH A'1 APPEA1 HAi BEEN FILE. THAT IT HAS EE:S CR
REGORGED IN THE SCUTH ESSEX REGISTRY OF DEEDS AND INDEXED U::D; r._
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