7 CLARK STREET - ZBA (4) 7 CLARK STREET
PAUL FERRAGAMO
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DECISION ON THE PETITION OF PATRICK McGRATH FOR A VARIANCE AT 7 CLARK 'S 07f'ICF-
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STREET (R-1)
A hearing on this petition was held February 13 , 1995 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Arthur
LaBrecque, Nina Cohen and Albert Hill. 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.
The Petitioner, represented by William DiMento, is the building contractor
for the owner of the property, (Paul Ferragamo) , requesting Variances from
side and front setbacks to allow a single family dwelling to be built at 7
Clark Street.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of 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. Patricia and Henry Rutkowski, 5 Clark Street, voiced their
disappointment noting that the contractor is not being held to the same
standards which they were held too.
2. The City Zoning Officer, Mr. Leo Tremblay, stated that the Contractor
came forward to notify him that an error had been made in positioning
the foundation at 7 Clark Street.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district in general.
DECISION ON THE PETITION OF PATRICK MCGRATH FOR A VARIANCE
FOR THE PROPERTY LOCATED AT i CLARK STREET (R-1 )
page two
114
2. Literal enforcement of the provisions of the Zoning OrdflgaQe uld
involve substantial hardship to the petitioner. C/T•.. J 3Z rr . ,
3. Desirable relief can be granted without substantial detsjment, to t& y�
public good and without nullifying or substantially derdg`:=49 .'Trofn
the intent of the district or the purpose of the Ordinance. •' ' a17s
� '
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
code and regulations.
2. All construction shall be done in strict accordance with the plans and
dimensions submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. A Certificate of Inspection is to be obtained.
Variance Granted
February 15, 1995
Albert C. Hill, Jr.
Member, 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 within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 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