18 & 20 CLARK STREET - ZBA 18 & 20 CLARK STREET (R-1)
WALTER & FRANCES ABRAHAM
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DECISION ON THE PETITION OF WALTER ABRAHAM REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 18 & 20 CLARK STREET (R-1)
A hearing on this petition was held March 20, 1995 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett,
Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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, located at 18 & 20 Clark Street
request a Variance to subdivide lots to build two single family
homes.
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 or structures in the same
district.
b. Literal enforcement of the provisions of 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 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, makes the following findings of facts:
1. Petitioner seeks a variance to subdivide a lot of 20, 995 square
feet into two lots . Petitioner proposes to build two single
family residences on the property, ease presenting 50 ft. of
frontage.
2. Petitioner's property abuts conservation land. He stated that
he presented his proposal to the City of Salem Conservation
Commission. Petitioner agreement with the City's Conservation
Commission is in the public record.
3. Due to drainage problems existing on that section of Clark
Street, the City Engineer received the owner's permission to
create an easement over the Abraham property to allow water to
drain from the street to the rear of the lot.
4. Four neighbors and abutters appeared in opposition to the
proposed variance, citing overcrowding on the street, inadequate
off-street parking conditions, and the anticipated continuation
or worsening of the existing drainage problem, which created
dangerous ice conditions during wintertime. These neighbors were:
David and Theresa Wong of 15 Clark St. , Donna Wilkins of 24 Clark
St. , Ed. Nyskowski of 12 Clark St.and Ralph Calvani of 21 Clark
St. Also appearing in opposition was John Donahue, Ward 3
Councillor.
DECISION C- -HE PETITION .- ':,,ALTER ABRAHA-? =EIUESTIJ:G A 'JARIACCE
FOR THE PROPERTY LOCATED AT 13 S 20 CLARK S-3777
page two
5 . Ward Councillor Leonard O' Leary appeared _n support of the
petitioner's petition.
On the basic of the above findings of fact, and on the evidence
presented at the hearings , the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the
subject property and not the district in general .
2. Literal enforcement of the provisions of the Zoning 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 and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 3-2 in opposition to the motion
to grant the Variance, having failed to garner the required votes to
pass, the motion is defeated and the petition is denied.
Variance Denied
March 20, 1996
Nina Cohen
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 .'OA, 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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
is 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
RECE!YEO (go of t tS8 8
3 24aM '6tuttr of c�3
November 29 1967
CITY CLLR
SALEM.
6's OFFICE
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�oww".owwY,ew. DECISION ON PETITION OF WALTER R. ABRAHAM TO ERECT
Aw UR`"'wieY` A DWELLING ON LOT #115 CLARK STREET, AND A DWELLING
ON LOT #116 CLARK STREET.
Mr. Walter Abraham appealed to the Board of Appeal on August 25, 1967
for a variance to erect dwellings on these lots since neither lot has
the frontage required by the City of Salem Zoning Ordinance. In his
petition he stated that when the lots were purchased he and his sister
_ planned to build on both lots which at that time had sufficient front-
age. Since then his sister has moved from this area and for financial
reasons he wishes to sell one of the lots.
A hearing was held on this petition on October 16, 1967. All Board mem-
bers were present at the hearing. which was held pursuant to notices
mailed postpaid to the petitioner, abutters, Board Members, and others,
and notices published in the Evening News advising of this petition.
The petitioner appeared and explained why he was seeking a variance,
the same as in his written appeal. No one appeared in opposition.
The Board after due consideration thereof, voting on the grounds that
to deny the petition would cause hardship to the petitioner, and to
grant the appeal would not derogate from the intent and purpose of the -
Ordinance and would not be detrimental to the public good, voted unan-
imously to grant this petition.
PETITION GRANTED
ARD F APPEA , "
Secretary
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HERO HERO XER0
NERD il`OPY I:nl•Y ]copy
,COPY
(lite of 3ttlem, mafifiar4usetts
a �T Be}tnrtment of Public 3eruices
9`p��MINEW�
One 14�nlem Green
745-9595 Ext. 321
CHARLES F. QUIGLEY
City Engineer
Director of Public Services
Walter Abraham
65 Valley St.
Salem, MA 01970
Mr. Abraham
This letter is to confirm our agreement with you regarding your property on 18 - 20 Clark St. On
February 1, 1996 you agreed to grant the City of Salem a 15 foot wide drain easement through
your property from it's boundary with Clark St. to the body of water behind. The purpose of the
easement is so that a drain may be installed through your property to handle the runoff from
Clark St. The exact location of the easement will be determined after the Board of Appeals
makes a decision as to how many lots you will be allowed. The easement will have to be drawn
on the final plans by your engineer. If you have any other problems please give us a call.
Thank you,
Michael Collins
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