43 CLARK STREET - BUILDING JACKET 43 Clark St.
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1 NOTES: LOTS 291 a 292 SHOWN ON
j LAND COURT PLAN 7159 B
CERTIFICATE NO. 3862
SEE VARIANCE DATED SEPT. 131 1994
CLARK STREET
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PLAN OF LAND
SALEM MASSACHUSETTS ,
SALEM PLANNING BOARD APPROVAL NOT PREPARED FOR: DONALD V. FRISONE
REQUIRED UNDER THE SUBDIVISION CONTROL SCALE . I ° = 40' OCTOBER 3, 1994
LAW. PARSONS AND FAIA INC .
l CERTIFY THAT THIS PLAN WAS PREPARED IN 60 LEWIS STREET
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ACCORDANCE WITH THE RULES AND REGULATIONS LYNN , MASS .
OF THE REGISTERS OF DEEDS .
Z, 0 40 80 120 160 200
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FORM A - DECISION Z
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Ms. Deborah Burkinshaw N
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on Feb&c=y 23, 1995 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan:
1. Applicant :
Mn. Donatd F&i6one
37 Lake Ave.
Lynn, MA 01904
2 . Location and Description:
43 C akk S:tAeet
Salem, MA 01970
Deed of property records in Essex South District Registry.
Sincerely,
W &� !
Walter B. Power , III (G�
Chairman
EX\DH\BPFORMA
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Tit" of _tzlem, �assadjusetrs
SEP I3 8 45 FYI 9�
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Woura of �Aufreul
CITY1,F Sr:fpht Nt,SS
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DECISION ON THE PETITION OF DONALD V. FRISONE
FOR A VARIANCE ATf43yCLARIC STREETS (R-1)
A hearing on this petition was held August 17, 1994 with the follo ;ing
Board Members present: Stephen Touchette, Chairman; Gary Barrett Stephen
O'Grady, Nina Cohen and Associate Member Arthur 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 accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a variance from frontage
to allow property to be divided and to construct a single family d.:elling
on each lot. Property is located in the Residential Single Fami'_ Zone.
The Variances which have been requested may be granted upon a fina..ng by
this Board that:
1 . Special conditions and circumstances exist which especially of ect the
land, building or structure involved and which are not generally a fecting
other lands, buildings and structures involved.
Literal enforcement of the provisions of the Zoning Ordinance :ould
involve substantial hardship, financial or otherwise, to the petit oner.
3. Desirable relief may be granted without substantial detriment :) the
public good and without nullifying or substantially derogating frol the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence p esented
at the hearing, and after viewing the plans, makes the following ndings
of fact:
1 . Although one neighbor spoke in opposition to the request, seve 21
neighbors, including abutters appeared in support.
Most of the property in the surrounding neighborhood has less nan the
frontage required by the zoning ordinance and the requested vt: iance
would be in keeping with the neighborhood.
n the basis of the above findings of fact, and on the evidence pr rented
at the hearing, the Board of Appeal concludes as follows:
Special conditions exist which especially affect the subject )perty
but not the district in general .
Litera' enforcement of the provisions of the Zoning Ordinance -)uld
involve substantial hardship to the petitioner.
DECISION ON THE PETITION OF DONALD V. FRISONE
FOR VARIANCES AT 43 CLARK STREET. , SALEM
page two
3. Desirable relief can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted. , cn
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3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
4. A building permit is to be obtained prior to beginning any 03
construction. CD r
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5, A Certificate of Occupancy is to be obtained.
o. Petitioner shall obtain Planning Board approval for the proposed r'
subdivision of the subject property.
7. Petitioner shall obtain proper street numbering from the City of Salem
Assessor's Office and shall display said number so as to be visible
from the street.
Variances Granted
August 17, 1994 �c'y� �
Gary M. Barrett, Vice Cha rman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed wit'r:_n 20
days after the date of filing of this decision in the office of th, City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Sectio❑ 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
TitU of iftlem. Mttssac4usetts
Public Propertg Department
Nuilbing Department
(One dnlem 16reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building .
Zoning Enforcement Officer
February 26 , 1997
Grant Story
4 Hancock Terrace
Lynnj Mass..
L43-'Clark Street
r_Mr--Story
Your application for a building permit to construct
two ( 2 ) single family dwelling has been denied per the
Salem Building Inspector . You will have to apply to the
Salem Board of Appeals .
Sincerely,
Leo E . Tremblay
Zoning Enforceme Officer
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