40 CLARK STREET - ZBA 40 Clark St. R-1
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07 09 86 -- - - - - - — -- - 07 09 86
CITY OF SALEM CITY OF SALEM
BOARD OF APPEAL BOARD OF APPEAL
745.0215 - - r 745-0215 .
Will hold a public hearing for all persons Will hold a public hearing for all persons in-
Will
in the petition submitted by Ralph F. terested in the petition submitted by Ralph F.
Salvo for a Variance from frontage in order to 1 Salvo for a Variance from frontage in order to
divide parcel of land into two lots and to con. divide parcel of land into two lots and to con-
struct a single family dwelling on each lot at 40 I struct a single family dwelling on each lot at 40
Clark St. (R-1).Said heating to be held Wednes- Clark St. (R-1).Said hearing to be held Wednes-
day,July 16,1986 at 7:00 P.M.,One Salem Green, day,July 16,1986 at 7:00 P.M.,One Salem Green,
2nd floor. 2nd floor.
JAMES B.HACKER,Chairman � JAMES B.HACKER, Chairman
July 2, 9, 1986 July 2,9, 1986
07 09 86 070996
CITY OF SALEM CITY OF SALEM --
BOARD OF APPEAL BOARD OF APPEAL
745.0215 - 745.0215
Will hold a public hearing for all persons in- Will hold a public hearing for all persons in.
terested in the petition submitted by Ralph F. terested in the petition submitted by Ralph F.
Salva for a Variance from frontage in order to - Salvo for a Variance from frontage in order to
divide parcel of land into two lots and to con. divide parcel of land into two lots and to con-
struct a single family dwelling on each lot at 40 struct a single family dwelling on each lot at 40
Clark St. (R-1). Said hearing to be held Wednes. Clark St. (R-1). Said hearing to be held Wednes-
day,July 16,1986 at 7:00 PM.,One Salem Green, day,July 16,1986 at 7:00 P.M.,One Salem Green,
.
2nd floor. 2nd floor.July 2, 9, 1986 --
JAMES B.HACKER, Chairman JAMES B. HACKER, Chairman
July 2, 9,1986
BOARD OF ASSESSORS
93 WASHINGTON STREET, CI TY HALL, SALEM, MASSACHUSETTS 01970 (617) 744-0660
'PFruRm'E�
June 23, 1986
Map 7 Lot 3
ABUTTERS
TO: 40 Clark Street Map 7 Lot 3
ASSESSED OWNERS: Harold F Blake (Fiscal Year 1986)
Ralph F & Catherine D Salvo (Fiscal Year 1987)
MAP LOT LOCATION ASSESSED OWNERS / MAILING ADDRESS
7 5 36 Clark St. Joseph & Louise P Sleison ✓ Same as location
7 4 38 Clark St. Paul J & Paulette LeBlanc ✓/ "" " '
7 2 [42 Clark St. Peter Sullas & Barbara / 895 Western Ave.
6 7 [Clark Ave. Driscoll Lynn, MA 01905
7 1 44 Clark St. City of Salem
7 63 58-96 Swampscott Rd. Helen S King 109 Lynn Shore Drive
Lynn, MA 01902
7 37 43 Clark St. John Frisone --& / 37 Lake Ave.
Donald V Frisonet/ Lynn, MA 01904
7 38 45 Clark St. Edward J Connick ✓/ 7 Ladd Hill Rd.
Lynn, MA 01904
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32� CITY OF
,y�'2 3383' 3 SALEM
34,584 -
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All.
PREPARED UNDER THE DIRECTION OF THE
SALEM BOARD OF ASSESSORS
BY
AVIS AIRMAP INC.
BROOKS/NE — BRAINTREE— HARrFORO
a �;,
DATE OF HEARING
PETITIONER
LOCATION SSD /?�`CLf oJ�( , Ir
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 BENCAL ✓/
JAMES FLEMING
JAMES HACKER
EDWARD LUZINSKI
5
PETER STROUT
ASSOCIATE MEMBERS
PETER DORE
ARTHUR LABRECQUE
CONDITIONS: r iC l _ P 75 , //
�.JF �OMit� D{ �1�P2i1
Ctv of
July 30 , 1986
Notice is hereby given that as of this date the
decision of the Board of Appeal has been filed in
the office of the City Clerk to grant the petition
of Ralph Salvo for a Variance from frontage to divide
a lot into two lots and to construct a single family
dwelling on each lot at 40 Clark St .
BOARD OF APPEAL
Brenda M . Sumrall
Clerk
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TARE EFFECT UNTIL A COPY OF THE DECISION, DEARIN", THE CERT
FICATiON OF THE CITY CLER; iHU 20 DAYS HAVE ELAPSED AND 610 APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEET: FILE, THAT IT HAS BEEN DISPGISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REil iS,,RY 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
(flit of '�ttlem, C ttSsttcl�usetfs
jjr
ll
Poxr3 of �} eztl
DECISION ON THE PETITION OF RALPH F. SALVO FOR A
VARIANCE AT 40 CLARK ST. (R-1 )
A hearing on this petition was held July 16, 1986 with the foll*nj�Bo�ryd Me�r 'ers
present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. , Lu'4i1Cf$Ads
Fleming. Notice of the hearing was sent to abutters and othersFtu*—notices of the
hearing were properly published in the Salem Evening News 2n accordance with
Massachusetts General Laws Chapter 40A. CITY ,;__,,, r�
' i� ,M4bS.
Petitioner is requesting a Variance from frontage to divide a lot into two lots
and to construct a single family dwelling on each lot. Each lot would have approxi-
mately 75.5 feet of frontage.
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 of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 . Support for the plan was voiced by neighbors, abutters and others;
2. The existing lot is 43,447+ feet with frontage of 151 ,22+ feet.
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 exist which especially affect the land involved but
do not generally affect other lands in the same district;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment and
without nullifying or substantially derogating from the intent of the
district of the purpose of the Ordinance.
DECISION ON THE PETITION OF RALPH F. SALVO FOR VARIANCES
FOR 40 CLARK ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance
requested, subject to the following conditions:
1 . The division of the lots shall be a per the plans submitted. One lot to
have square footage of 22,894+ and the other having a square footage
of 20,553+. Each lot to have frontage of 75-6+ feet;
2. A Certificate of Occupancy be obtained.
y:
VARIANCE GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
S
APr^EAL FP.J::' THIS DEC1CICiJ, '.F A'IY. HALL BE :BADE PURSUANT 1, CECTICN 17 CF THc ". SS.
GEiIEF.�L LAt°!$. CIiA:'TE1t SC5. AtiD SHALL BE F.LES \'i:�K!t; 2v' DAYS Ar.-R THE UJE 0.` FC',�n
Civ i!J THE OF•"" G .THE Oli( CLERK- �o--tiLC^. :i
CF THIS C y
CI P
P :a TO
C M."J.._.. H_r..'. SF ''LL n 1 i ° rL . J'. i:L A C:P! C H e _ H
F ..Ai,.,'. S .I'1 Er. it�.( DPfS F.:,,c r x p
PP i; h
GP. THAT. G SL'ir A!. PP 'L H'.� b rIL_. i-. IT H - S �__ �. y E r THE
RECGRLED It: THE-SOJTH ESSE7: RL3!"M Gr C.J. A.:7 I:i._
OF RECORD OR IS RECORDED AND NOTED ON THE OWIJER'S CER "r.-:.TE OF ili-E.
BOARD OF APPEAL
=may f�itg of �ttlem, C assac4usetts
!1: Fz
PDarb of 'p?eal
DECISION ON THE PETITION OF RALPH F. SALVO FOR A
VARIANCE AT 40 CLARK ST. (R-1 )
A hearing on this petition was held July 16, 1986 with the follq*knj6BoVd M bers
present: James Hacker, Chairman; Richara Bencal, Secretary; Messrs. , L i4Ap6
Fleming. Notice of the hearing was sent to abutters and othersFu*.notices of the
hearing were properly published in the Salem Evening News �n accordance with
Massachusetts General Laws Chapter 40A. C17Y .:.-,:r :.,, ZX
Petitioner is requesting a Variance from frontage to divide a lot into two lots
and to construct a single family dwelling on each lot. Each lot would have approxi-
mately 75.5 feet of frontage.
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 of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 . Support for the plan was voiced by neighbors, abutters and others;
2. The existing lot is 43,447+ feet with frontage of 151 ,22+ feet.
.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 exist which especially affect the land involved but
do not generally affect other lands in the same district;
2. Literal enforcement of the provisions of the Ordinance would involve
. substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment and
without nullifying or substantially derogating from the intent of the
district of the purpose of the Ordinance.
DECISION ON THE PETITION OF RALPH F. SALVO FOR VARIANCES
FOR 40 CLARK ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance
requested, subject to the following conditions:
1 . The division of the lots shall be a per the plans submitted. One lot to
have square footage of 22,894+ and the other having a square footage
of 20,553+. Each lot to have frontage of 75-6+ feet;
2. A Certificate of Occupancy be obtained.
.p.
VARIANCE GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL F2_i.: THIS Dc ISIG ii, iF A7;y, SHALL BE :LADE PURSUANT TO SECTION 17 OF T'r.E
AFPZCENA.A! lD:.!T CRAFTER 505. UtC SHALL BE FLEL v;;-.xR; 20 DAIS A,,7-,R THE DACE OF FI:..ii
i'J THE OFF'C`_ G .7HE CITY CLERK. - • _
C r� �
OF Th'S C' -r
'.. CF r S �1. i - -
lRAN,, E r Ci J.'� L H C `' �F i H Fi=�•
DP(S F v'' r + cHD �:.` I car F D 6� IS
L.P. Th;T. Ir SDIH A!. ;PKAL H.S 5 i rIL t. T IT B . `D._ 14..c GF THE G6SE't
REGCRCED IN The-SOUTH ESSt': KE ,'-'R( C CEEO„ AND I �
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CER it =.TE CF i•i-E.
BOARD OF APPEAL
irf 1h S
ofIem, Cc`IaScL1151? f5
TO. TriE BOARD OF. APPEALS:
e Undersigned represent that he is are the owners of, a certain parcel of land located
' 0. . • . . • . , 44.G>rARK STREET. . . . . . . . ... . .. . . . . . . . . .Street; Zoning District. . . . . .
B-i . ; and said parcel is affected by Section(s) . ... . . . . . . . . . . . . .
the Massachusetts State Building Code.
ans describing the work proposed, have been submitted to the Inspector of Buildings in
cordance with Section IX- A. 1 of the Zoning Ordinance.
-The petitioner desires to subdivide the 43,447 square foot parcel of land into two
(2) parcels of land,-and construct a single family house on each lot. Each lot will
have approximately 75.5 feet of frontage._
-rc
s,
he Appl�3cation^four�ermit was denied by the Inspector of Buildings for the following'
easons a
The'two lots being created do not have adequate frontage or lot width as required
by Section VI of the Salem Zoning-Ordinance.
- he Undersigned hereby petitions the Board of. Appeals to vary the terms of the Salem
_oning Ordinance and/or the Building Code and order the Inspector of Buildings to
-pprove the application fee permit to Build as filed, as the enforcement. of said
'
oning By-Laws and Building Code would involve practical difficulty or unnecessary
zardsnip to the Undersigned and relief nay be granted without substantially dero- .
atina from the intent and purpose of the Zoning •Ordinance and Building Code for
he following reasons:
The two (2) lots to be created shall have in excess of the required 15,000 square
feet of lot area as required by the Salem Zoning Ocdinace. The amount of square
footage"necessitated a purchase price which is excessive to allow the construction
of only a single family home.
owner. ... . . . . : F-- $A :vo . . .. : ::
24 Riverview Aye„ p.agvey�s..Y,Q.
Address. . . ,
Telephone. . • 774-3295
Petitioner. . RALPH.F, ..SArin
Address. .
24 Riverview Qve,,;, pripy€IS. .MA $?.
Date. . . . 2/6/86 . , . Telephone 774 .3295
By ... . . .Fxank. Salvo . . . . . . . .: . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of
four weeks prior to the meeting 'of the Board of Appeals.. Check payable to The 4t ,
o Ln
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
ON of '!-$aIem, a5sacfputts
Vourb of '�PvPttl
TO. THE BOARD OF. APPEALS:
The Undersigne represent that -,h a is are the owners of, a certain parcel of land loccaa,ted
at NO. . . . . . .6�. . ! vg2.�Nv-• • • 1K,t7, ; • • . • • • • • • • • • • • • • • : • • .Street; Zoning District. .K , ,
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.
CD
Lt:�
Cz
The Application for Permit was denied by the Inspector of Buildings for the following%
reasons:
p t 12 �T A-?PEA L-
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:
- S Pc-: CiA� ?641tIT- aTz-�JD NvAJus -
" t✓t�N51-RL*JC,T- At'ODITIOnl o,U /J EKIS'i)AJ6
COtiGKEiE ?A-D viIT/-jJA) jol of 1'1[t SIDc L-oT LIAJ�
�Z C.00 'STr-uc-r woo-, Dec j< �.J ��N ` 30I OF REA/z r✓o� � ,��
Owner. . . .N .9?AJ 1.4?.�1� . . .C,+2o:J. . . . . . . . . .
Address. . . . . 1✓E!�3 . . f2.� . . . . . . . .
Telephone. . . .2 4 . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JAddress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . Telephone. . . .. . . .
By. . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . .
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.
• L
NO....................................
PETITION TO BOARD Of APPEALS
LOCATION
....................................................•...........
PETITIONER..........................................
ADDRESS...........................
CONDITIONS
DITlO
NS .
.................................................................
................................................................
Ww
.........................................................
..............................•..... , ? ,
PETITION APPROVED.................... ❑
DENIED..:...........:.......:..
19.........
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Tai of 5uv 'c"� W PGOT PGR.t1
70 St SALEM . ,/'/i0sS._.:
Z,4AZD OF 1110411-PX C ,eoA) !
/TY o< SQLi�ib/ SCA` 717196
ANTHONY yG�
/4.1 AWDE itE7CHER c
/W THE FIELD.
�iiavb
xrs,TIAX11
170?ME2
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hAau3�
7"'Ro POSED �
Z}OaeS ..i�ER� C PROPOSED
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . ..
Gift of gatem,
` `' `y" VaarD of �Fpeal
TO. TNE BOARD OF. APPEALS:
he Undersigned represent that he is are the owners of. a certain parcel of land located
Et NO. . . . . . . . 44.GLARK STREET. . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . .
_ , . and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
)f the Massachusetts State Building Code.
-lans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX. A. 1 of the Zoning Ordinance.
-The petitioner desires to subdivide the 43,447 square foot parcel of land into two
(2) parcels of land,'and construct a single'family house on each lot. Each lot will
have approximaiely,75.5 feet of frontage._ -
ccs v; -
C/T
J
L1 Q ..
• s°�, a:w
The Appl« cation for�ermit. was denied by the Inspector of Buildings for the following'
reasons:n a
The two lots being created do not have adequate frontage or lot width as required
by Section VI of the'Salem Zoning Ordinance.
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:
i4 The two (2) lots to be created shall have in excess of the required 15,000 square
feet of lot area as.required by the Salem Zoning Ordinate. The amount of square
footage'hecessitaled a purchase price which is excessive to allow the construction
•of•oAly a single family home.
Owner. . . . . . . . .FAU . F.: SALvo . . . . . . . .
Address. . . . . Riverview Aye, D�gvex�s �1Q.
329
Telephone. . . . 774.. . . . . . . . .
Petitioner. . RAL?F.V. .$AL¢4 . . . . . . . . . . . . . . . . .
z4 R� erview:9ge,.,. Patty€rs. ,r1A
Address. . . . . .
2/6/86 774. .3295.
Date. . . .
. . . Telephone. . . . . . . . . : . .. . . . . ..
By. . .F'.raSalvo . . . . .. . . . .. . . . .
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
oftheBoard of Appeals Check payable to The
Evening News.
.. ..61 ....................................................
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