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7 CLARK STREET - ZBA (2) 7 Clark St. R-1 Paul Ferragamo, Tr. 1\\ V DATE OF HEARING S PETITIONER LOCATION-2 MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENCALy RICHARD FEBONIO JAMES FLEMING EDWARD LUZINSKI JOHN NUTTING ASSOCIATE MEMBERS PETER DORE ARTHUR LABRECQUE CONDITIONS: V ' `i..Mp...... (fifv of , tt[em ttssttc usPffs AUG a J 2, h eaf �EC7-10N ON THIE ?ETITI6N OF ?AUL FERRAGAMO F R 'iARIANCES T 7 CLARK STREET ;R-1 ) cearing on this Petition was r.eld July c89 with the ollowinE Boara ;!emoers .cresent; James Fleming, Chairman: P!essrs. , Hencal, Febonio, Luzinski and Nutting. 'iotiz= of the hearing was sent to abutters and others and notices of the nearing were croperiv published in the Salem Evening views in accordance with Massachusetts lenerai Laws Chapter 40A. Petitioner is requesting Variances from frontage and lot size to allow construction 01 a single family dwelling in this R-i district. The Variances which have been requested may be granted upon a finding of the Hoard 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . Opposition was voiced by the abutters; 2. A concern regarding blasting on the site was noted; 3. The traffic problems would be increased by the building; 4. Further development of the neighborhood would be detrimental. 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 . Special conditions and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. L DECISION ON THE PETITION OF PAUL FERRAGAMO FOR A VARIANCE AT 7 CLARK ST. , SALEM Therefore, the Zoning Board of .Appeal voted unanimously, 0-5, against granting the Variances requested. The Variances are, therefore, denied, due to the failur of the petitioner to obtain the required four (4) affirmative votes. !iARIANCES DENIED / CCC ( aures M. Fleming, Esq. , Cha man A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ays nnneal from this decis'�on, if any, shall he made D ursuantto Section 17 of nd shall he file h`4�C t'y ciO rk. i-n^. cl Ills decs.en in int ofiics of the Pdsss. Genes al Laws. ChaPtef SOB• :.. ,o .,.^n 7.1. tho Variance aaei die daU of ; , .,,. .'�._. of the -.it- 'nt to Nass. 6oncra: ,., r''• cpgpal Pe Rrar.'a;l h'r q;n ;i�.•i -•• t",P.c alfcrt chili a con% lne ,;;�rtif•.eat,e;r of the Cdy CIar1< that ZO d.ys have r;r _ of has peen ;!2GISIO.I. d2arin✓, n in=_d, or ilia L it sudr aPP'- a!apsed and no opPeiI has sseMed Is ec r filed. that it has been dismissed rider er the name ordthel o:9nerie Sof record or Regstry of D^=d5 and indexed under is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL Fh� d.(OU vt\Mw try Civ Of §aIrm, flttssar4norifs fuc utsrD of cAvettl .. :�ECICiON ON T.^:E PETIT=ON GF ?AUL FERRAGAN0 F-R ':ARIANCES .. 7 CLARK STREET (R-1 ) hearing on this petition was 'r.eld July � , ' 939 with the followina Board 'tempers _resent; James Fleming, Chairman: idessrs. , 3encal, Febonio, Luzinski anc :Iuttina. ']otize of the :nearing was sent to abutters and others and notices of the nearing were crooeriy 'published in the Salem Evening dews in accordance with Massachusetts Generai Laws Chapter 40A. Petitioner is requesting Variances from frontage and lot size to allow construction of a single family dwelling in this n-1district. The Variances which have been requested may be granted upon a finding of the hoard 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . Opposition was voiced by the abutters; 2. A concern regarding blasting on the site was noted; 3. The traffic problems would be increased by the building; 4. Further development of the neighborhood would be detrimental. 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 . Special conditions and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF PAUL FERRAGAMO FOR A VARIANCE AT ? CLARK ST. , SALEM ':herefore, the Zoning Board of Appeai voted unanimously, 0-5, against Granting the Variances reouested. The Variances are, therefore, denied, due to the failur of the petitioner to obtain the required four (4) affirmative votes. 'iARIANCES DENIED ) Games M. Fleming, -Esq. , Chaipman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK hall be made pursuant to Section 17 of nd mall be filed vnOthi fUrk Ys ,Anneal from this deci4 it any. s .jCe o, the the Pd;-s. Ceneru Lav;s, Chapter SO n m tnc of', ..r t 1, the Variance alvei U.e ddta of fi.�n�, of tins dec,� ,.�,q, £... �Jr_U1 rt to Mass. (v R.rd Lu`'r; _r cnUi a co^y or the ^::e9an per quart I 1\.f9in �� l 1; Ule � < t .at 2U da.s have t; l if sudt aPPeai has 'Nein racisioabzgrin✓, ee.l has teen ined, or that. n the South Essex elapsed and no :PP need �s recorded filed. that it has oeen dismissed or er Registry of De- ds and 'o"exed under cite name or the o-.vner of recor or Is recorded and noted on the owner's cartif icate of Title. BOARD OF APPEAL' ,vcom r�Mw (fit" of Salem, �ttssttchusetts C: DECISION ON THE PETITION OF PAUL FERRAGAMO POR VARIANCES ,T 7 CLARK STREET (R-1 ) A hearing on this petition was held July 1939 with the following Board Members present; names Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski and Nutting. Not-.ce of the hearing was sent to abutters and others and notices of the hearing Were properiv published in the Salem Evening hews in accordance .with Massachusetts General Laws Chapter 40A. Petitioner is requesting Variances from frontage and lot size to allow construction of a single family dwelling in this R-1 district. The Variances which have 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . Opposition was voiced by the abutters; 2. A concern regarding blasting on the site was noted; 3. The traffic problems would be increased by the building; 4. Further development of the neighborhood would be detrimental. 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 . Special conditions and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF PAUL FERRAGAMO FOR A VARIANCE AT 7 CLARK ST. , SALEM Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against granting the Variances requested. The Variances are, therefore, denied, due to the failur of the petitioner to obtain the required four (4) affirmative votes. VARIANCES DENIED r ames M. Fleming, Esq. , Cha man A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ;f anY. `--hall be made Pursuant to ce°tion 17 oi. r 305, and mall be file within �0 daYs Anpeal from this decision, ;ice o; the City hark. the Mass:General Lnws, Chapte n ct lh;s decsicn in r"z °'• �• rl, the Variance fl'.mR ,.,,. ;,Og ,. _ of the after the date of ra: Lea - '_.rt i�ntu a copy 'n sir.�'.i itc It,yCier;< that 20 days have P❑rsue.nt to Arias. Gi❑za h'-re's r,r �oeaial Perm t R ` if such aPPaal has been wing'.ne cerrif.eat,�' °id or tont• dsc'slon, be; peal has bee eiapsed and no ap. or denied is recorded in the Soulh sse filed, the, ii has bee nd'in"eXed under the name or the o.vner of record or Reg stry of Deas ; the owner's Certificate of Title. is recorded and noted on BOARD OF APPEAL' vzlity D �I�Eili, C c�SS?iC�iLi5P f5 .r� 'Fire Pepartmeut �ieabyuartrrs 4n,![ 48 Pfgctte ,litred Joseph F. Sullivan4ttlem, tt. 01970 Chief City of Salem Re: 7 Clark Street Board of Appeal Paul Ferragamo One Salem Green Hearing date: July 5, 1989 The Salem Fire Department has no objection to the granting of Variances to allow the construction of a single family dwelling at #7 Clark Street subject to the following conditions: 1. Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 2. The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527 Code of Massachusetts Regulations, the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws, relative to fire safety. 3. The applicant shall arrange for an inspection by the Fire Prevention Bureau upon completion of the work. 4. The applicant shall obtain and post proper street numbering from the City Assessor in accordance with the city ordinance relative to the numbering of buildings. Signed, Robert W. Turner, Fire Marshal L t - CITY OF SALEM- . CITY OF SALEM t BOARD OF APPEAL BOARD OF APPEAL 4. 74RD O Ext. 381 74ic hearing Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter- ested in the petition submitted by Paul Ferragamo for Vin the petition submitted frontage Ferragamo for Variances from lot size and frontage to allow for Variances from lot size and frontage to allow construction of a single family dwelling at 7 Clark construction of a single family dwelling sd 7 Clark St.(R-1).Said hearing to be held Wednesday,July 5, 989 a Said hearing to be held Wednesday,July 5, 1989 at 7:00 P.M.,One Salem Green,2nd floor. 5, 1989 at 7:00 J My One Salem Green, 2nd floor. JAMES M. FLEMING, Chairman JAMES M. FLEMING, Chairman -..June 21, 28, 1989 June 21, 28, 1989 CITY OF SALEM BOARD OF APPEAL' 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Paul Ferragamo for Variances from lot size and frontage to allow construction of a single family dwelling at 7 Clark St.(11-1).Said hearing to be held Wednesday,July 5, 1989 at 7:00 P.M.,One Salem Green,2nd floor. JAMES M. FLEMING, Chairman June 21, 28, 1989 APPEAL CASE NO. . . . . . . . . . . . . . . . . .�. . . . . (Ili#g of '�$ttlPm, Anssatllusetts •r. _ Pourb of � ettl TO THE BOARD OF APPEALS: The Undersign epr sent that he is are the owners of a certain parcel of land loc ed at NO. . . .�j. . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. V C1 r T nn; y v 'r to C N N GO The Application for Permit was denied by the Inspector of Buildings for the following reasons: n /,.e_� The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: m LnOwner. lvL /C 64M✓10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. H `"w * � �( ,�-DSG �j r. Telephone. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . / Address. . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By. . . .y`.`::: . ��. . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. i i 4 NO......1........,................... PETITION TO BOARD OF APPEALS A LOCATION ................................................................ PETITIONER.......................................... ADDRESS............................................... ...............................I................ CONDITIONS .......................... ....................................... ................................................................ ................................................................. ................................................................. ................................................................. PETITION APPROVED.................... ❑ DENIED......................... .................................................... 19......... r Petitioner is requesting variances from frontage;lot size ng . test to allow construction of a single family dwelling in this R-1 district. ff� The Variances which have 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the x intent of the district or the purpose of the Ordinance. i ` . The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . Opposition was voiced by the abutters; 2. A concern regarding blasting on the site was noted; ` 3. .The traffic problems would beiincreased by the building; 4. Further development of the neighborhood would be detrimental. 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 . Special conditions and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Qw 17 QCT 77ji,/ o r Fort V KiPOCCS PrT COW( �I-Ce-CT (K-I) c,l.e.�,� CN �' /�/ ✓�.r (jvy�eA/ F-�.SOI�,D r Lkz.r•�wK; c-�-� �"--"'-� J . `,.0�1 cep o� %i-e, �,r .,.y �,✓�.-e., fo�rd�er-� /a�..�li«rle.� i,t � J�-ems.. E�¢ � ///J)e ,)1js I c r re u L �vdLL fte�/ df t= 1 c f f �—� � �t..c'°"'� ��a,^�.y � "`' V!^r'1 n."c.Q�° Y'`c�19.4' `–+�- 1 �-2 `�oJ'(c„�,c•pp ' i'�? m ��a•" '1 �L f�w.�-{ �'Uv.r ��) rJTI ✓v.•.....�V2 VJ?C.s- l > CPtL b < 0 0 Z _ i O 0 h e 4- >E C / 2 � T 6• � 0 1 lb /N,, ZF¢ h OF 6 e 02 89 14,669 ✓��o 6• o' I _. /�_._.. ir 88ti i sqc 2C, 925 R E ti #, REV, ,;' cryj�is's� 8 _ REN'_ If AI �� .` ` CLARK a' so. s 8O {/ ip85 =E .'�Qft d{ Jf A aQ � • ' 83 n r :' x aQ STp aQ �•• LLJJ o` Aft 131 -. /122 a `O % O Au 0 0� _ ^ \1s3 10;p �6132 200 13op} �� \;0 2'' .u, = io5 a 1, ° 1L f �rLQ pG i s s �J btq2 i R EV s C R EV. t 0 BOARD OF ASSESSORS CITY HALL PAGE 31 .............o' I' -9 _,1.....I 7 ............... 2 Z Z,,, l......... 3 CE�tT CID, ITT 4 4 5 05 SUBJECT PROPERTY. MAF'. 03 LOT. 0079 SUFE. PROPER7Y ADCRESS. 0007 CLARK STREEJ 7 • ,77777�­ 7 1 7l— 'Ile 0 11 H,11 9 �A 10 7 s I I.I I 1 012 9 .......... ............ .I I...I I I I 10 13 �: 0 12 Jzo 16 1 1 0 3 0079 0007 CLARK STREET HAMMOND FAMILY T RUST 419 HIGHLAND AVENUE F_ 'RAGAk"Qe t,7 p :3 17 -pip, );•00'i� I-IVIA is IF At IM Y ...... 4 I.I.I..I SAL120 ZIT 7 MA ZIA!.R 15 p SALEM MA 01970 2 17 03 0078 0005 CLARK STREET RUTKOWSK*I H!r'_'N,9Y W 2 EISSEX ST 23 i 18 24 19 ... ..... 25 .......I .......... I. I...I. 1 2 �l 1009..��CUARK..'STREET`, �,'�M M C 1,TY%I 0,Fe`,e 20 .I I I I..oe,�I I I I I I I e.I I I I I I. I 1 11 1 1 1 1 e e I 1 6 ­.%.......I I I e I I I...I. 27 P C a T Orr'f 'qv t 21 P Tr I 22 29 MASELLA PEGGY E MASELLA DONALD R SALEM MA 01970 3 23 fOMAS C 03 0081 00.1.5 CLARK S T REET ANDREWS TV 47 NORTH FEDERAL ST 31 0 24 3 25M ba 01 .3 C) 26 3 ........... 3 27 IE'Rx t;� 4:41,4ii­` I I I 1 3 28 37 29 SrILIAN ROUENT11STILIAN Ji V 114 TRS LYNN MA 0.1905 3e 03 0087 0024 BARNES CIRCLC'�_.' MASELLA STEPHEN J 24 BARNES Cf HCLE. 39 30 It 41 31 QPVA r,n I-,I-1, & NA�;9LLA _14 40 RLf-,T" K" ...........I ....... 42 AM 0— LP R,_777—st 1, -, 7_! 32 ....... F"I NV IN S A C 1Z., 43 33 .. ..... ...............44 9-4 14! I, I I I PE R RA GAMO,I F�A t1L I" 34 45 FEVZRAGANO PAUL TR SIALLM MA I 0.1 -7 o 4 35 610 47 36 1 481 37 ......I, 49 • 5 38 C 51 52 40 53 4154 55 42 56 43 .I I°.•:: 557 44 I III I ..II.II II II I.I. I,1 69 45 . 0 46 JJ st 471 620 : 3 48 41 49 1, 1 1 1 ..........I .......... I.I I.I.I..I I. 65 68 • 50 • 67 Ill 1 1 1,1 68 51 52 69 53 701 0 7 54 72 M_ . ... .... 3 "ER, M,;:�CAR7 ON�j .......... .I...I.I.I I,, .... 74 �5611 .I I I I I 11 G, UE, 7 5 7