86 HATHORNE STREET - BASSETT & LANDOLINA, HELEN & MARYANN - ZBA 86HATHORNE ST, l
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DECISION ON THE PETITION OF HELEN D. BASSE4114 YMARY
I1N,N'PiWOLINA
REQUESTING A VARIANCE FOR 86 HATHORNE STREET
A hearing on this Petition was held on November 17, 1982, with the following Board
Members present: James Hacker, Chairman; Messrs. Hopper, LaBrecque and Feeherry
and Associate Member Luzinski. 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.
The Petitioners have requested a variance from density and rear yard setback requirements
in order to allow petitioners to construct a one story addition to the site.
The Board of Appeal, after consideration of the evidence presented at the public hearing
and after viewing the property makes the following findings of fact:
1. The property in question has for many years been used as a dance school. The
proposed addition will provide additional storage to the space and space
for school functions.
2. No substantizl opposition was raised to petitioners-, plan by neighbors.
On the basis of the above findings of fact, and the evidence presented at the public
hearing, the Board of Appeal concludes as follows:
1. The property in question is unique because of its peculiar configuration, because
of the configuration of the structure on the site and the present use of the structure.
In addition, the present configuration of the structure imposes a hardship on the
petitioners by restricting the-use of the premises.
2. The conditions described above especially affect the land in question but do not
generally affect the zoning district in which the land is located.
3. The conditions described above which affect the land in question, but not the zoning
district generally cause special financial hardship to the Petitioners.
4. The requested variance may be granted without substantial detriment to the public good.
In addition, the Board concluded that if only a Special Permit is necessary to allow
the proposed addition, the petitioners also established their rught to such a
Special Permit.
Therefore, the Board of Zoning Appeals unanimously voted in favor of approving the
grant of the requested relief. The Board grants the requested relief to the Petitioners
on the following terms and conditions:
1. Petitioners may construct an addition to the property in accordance with the
plans submitted to the Board.
DECISION ON THE PETITION OF HELEN D. BASSETT
AND MARYANN LANDOLINA REQUESTING A
VARIANCE FOR 86 HATHORNE STREET
Page 2
November 17, 1982
2. Petitioners shall obtain a Certificate of Use and Occupancy
prior to using the proposed addition.
3. Petitioners shall maintain existing off—street
parking at the site.
thony M. Fe erry, S rotary
APPEAL FRO'rA THIS DECISION, IF ANY, SHALL BE NIADE PURSUANT TO SECTION 17 OF THE NA.SS. -
GEP;ERAL LAWS. CHAPTER EOS. AND SHALL BE FILED IVITHIN 20 DAYS AFTER THE DATE C6 "11 '2
Or TiNS DF CISION IN THE OFFICE Or THE CITY CLERK.
RI ,3ART TO FAA`'S, GENERAL LA":S. CH'\PTER SM, SECT!GI 11, TH[ 'rn. 'vC° O 2iT
!.RA;'TED H:P.EIN, SHALL N&T IAF,E EFFECT UNI iL A COPY OF THE 14, _.,
FI"Al-TON OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AIdJ F A;)-?,-!,I HAS D -
F...!
OR THAT, IF SUCH AT; APPEAL HAS BEEN FILE THAI IT HAS BEEN D ,T ;EO OR L i%-!,
RECORDED IN THE SOUTH ESSEX RECISTRY OF DEEDS AND INDEXED UNDER ThE NAaIE OF Th;._ O,
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK