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DECISION-ON-THE-PETITION-OF ANTHONY C. TAKIS FOR A VARIANCE
FOR 83-83,' SUM],!ER 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. ,
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-df 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 83-832' SUM1,1ER ST. , SALEM
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 k1 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
James M. Flening, Esq. , Vi Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO:.1 THIS DECISIDN. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE ,S.
CENERAL LAV"S. CHAPTER SGS. W8P SHALL FE FILED WITHIN 20 DAYS AFiT THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSA'iT
TO V.ASS. GENERA: LAWS. CHAT"EP, 209. 11. THE l".RIA'1GE OR SPECIA'_ P:R:1:1
CRAGTED HEFEI"', SHALL NST T;Fr EF;:CT UNTIL A COPY OF THE^.E'!=. ;. EEF.ii P.:S THE CERT.
FIC'ATI:;!: OF THE CITt' OUR;. THAT 20 DAYS HAVE ELAPSED WC : A.FPEAL HAS EEEN FILED.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISd1ISSED OR D9:IED IS
RECORDED IN THE SOUTH ESSEX RECISTR'Y OF DEEDS AND INDEXED UNDER THE NA'4E OF THE 01
a[ YSLJYD Olt IS RECORDED.AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.. .
BOARD OF APPEAL
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CfTr CLERK,-SAC 61,f.MA1zS.
Ms. ,3osephine Fusco, City Clerk
City Hall
Salem, MA. 01970
Dear Ms. Fusco:
At a regularly scheduled meeting of the Salem Planning Board held on
August 31, 1987it was voted to endorse "Approval under Subdivision Control
Law not required" on the following described plan:
1. Applicant:
Nancy Perroni
83-83' Simmer Street
Salem, MA 01970
2. Location and Description:
2 two-family dwellings numbered 83-83111 Summer Street, located
at the corner of Simmer Street and Prescott Street.
Deed of property records in Essex South District Registry.
Sincerely yours,
Halter B. Power, III
Chairman
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