40 & 42 CLARK STREET - ZBA 40 & 42 Clark St. R-1
Ralph Salvo
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• bOARD OF ASSESSORS / � •
CITY HALL PAGE:
2 DATE: a 10/01/912 •
3 ` .CER7IFIEGABUTTERS 'LIST :3
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5 PROPERTY ADDRESS: STREET
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B oura of A peal u
CIT
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES AT 40
AND 42 CLARK STREET ; (R-2)
A hearing on this petition was held October 16, 1991 with
the following Board Members present: Richard
Bencal,Chairman; Joseph Correnti, Richard Febonio,Mary Jane
Stirgwolt and Associate Member Ronald Plante. Notice of
the hearing was sent to abutters and others and notices o
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 Variances
from frontage to allow a single family dwelling to be built
on 40 Clark St. and a single family dwelling to be built on
42 Clark St. Property is located in a single family
district.
The Variances which have been requested may be granted upon
a finding of the the 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 or structures in the same district.
2. Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship, financial or
otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent ofthe 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. A variance from frontage to allow the construction of
single family dwellings on these lots was granted by this
Board on July 16, 1986.
2. Both 40 & 42 Clark St. have 75 .61 feet of frontage
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCE
AT 40 AND 42 CLARK STREET, SALEM +OY J
page two
C11TY , J�
3 . Both single family dwellings will meet all other
density and setback requirements . F
4 . Each lot has over 20, 000 square feet of land, 40 Clark
St. having 22 , 864 sq . ft . and 42 Clark St . having 20,553
sq. ft.
5 . There was no opposition to the petition.
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
subject property but not the district in general .
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve a substantial hardship to the
petitioner.
3 . The relief requested can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district.
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 . Petitioner shall comply with all requirements of the
Salem Fire department relative to smoke and fire safety.
3 . The division of the lots shall be as per the plans
submitted. One lot having square footage of 22 , 894
plus/minus and one lot having square footage of 20,553
plus/minus . Each lot to have frontage of 75 . 6 plus/minus
feet .
4 . A Building Permit is to be obtained for each dwelling.
5 . . A Certificate of Occupancy is to be obtained for each
dwelling.
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES
AT 40 AND 42 CLARK STREET, SALEM
page three
O
Variance Granted
October 16 , 1991 / / O C:
/��J�.CJ• �GC?C� ��i .
Ronald G. Plante. Associate 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 Mass . 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
MGL, 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 or the owner of record
or is recorded and noted on the owner' s Certificate of
Title.
J
DATE OF HEARING
PETITIONER
LOCATION
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
O RICHARD BENCAL
JOSEPH CORRENTI
RICHARD' FEBONIO
EDWAA&=EtN�
MARY JANE STTRGWOLT
ASSOCIATE MEMBERS
RONALD PLANTS �^
A
CONDITIONS:
v � �
�� �4:m
caV
ofttlem, � 55ttrhu5r##5
rra'�c / ire �epaztmeni �eaDquartera
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48 319fgrttr '�*-trrct
enlxm, 4n. 01970
Joseph F. Sullivan
Chief
City of Salem Date: October 16, 1991
Board of Appeal
One Salem Green RE: 40 and 42 Clark Street
Ralph Salvo
The Salem Fire DepartnMt has no objection to the granting of a Special Permit and/or
Variance to allow: tha oonc n3c ;an of a single family dwelling.
subject to the following conditions: all below items except Item #1. . . . . . . .
1- This property (has no) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
stroke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon completion of the work.
d,
rnan P. LaPointe
Fire Inspector
cc:
file
applicant
Tit" of �ttlem, 'Mttssttclluse##s
Botts of ��u}renl u 1 tii) '91
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES AT 40
AND 42 CLARK STREET ; (R-2)
A hearing on this petition was held October 16, 1991 with
the following Board Members present: Richard
Bencal,Chairman; Joseph Correnti, Richard Febonio,Mary Jane
Stirgwolt and Associate Member Ronald Plante. Notice of
the hearing was sent to abutters and others and notices o
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 Variances
from frontage to allow a single family dwelling to be built
on 40 Clark St. and a single family dwelling to be built on
42 Clark St. Property is located in a single family
district.
The Variances which have been requested may be granted upon
a finding of the the 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 or structures in the same district.
2. Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship, financial or
otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent ofthe 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 . A variance from frontage to allow the construction of
single family dwellings on these lots was granted by this
Board on July 16, 1986.
2. Both 40 & 42 Clark St. have 75.61 feet of frontage
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCE
AT 40 AND 42 CLARK STREET, SALEM
�YOY
page two V aj lli� rG
3 . Both single family dwellings will meet all other -
density and setback requirements . SS.
4 . Each lot has over 20, 000 square feet of land, 40 Clark
St . having 22 , 864 sq . ft . and 42 Clark St . having 20, 553
sq. ft .
5 . There was no opposition to the petition.
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
subject property but not the district in general .
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve a substantial hardship to the
petitioner .
3 . The relief requested can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district .
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 . Petitioner shall comply with all requirements of the
Salem Fire department relative to smoke and fire safety.
3 . The division of the lots shall be as per the plans
submitted. One lot having square footage of 22 ,894
plus/minus and one lot having square footage of 20,553
plus/minus . Each lot to have frontage of 75 . 6 plus/minus
feet .
4 . A Building Permit is to be obtained for each dwelling.
5 .. A Certificate of Occupancy is to be obtained for each
dwelling.
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES
AT 40 AND 42 CLARK STREET, SALEM
page three
d �1
Variance Granted
October 16, 1991
Ronald G. Plante . Associate 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 Mass . 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
MGL, 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 or the owner of record
or is recorded and noted on the owner' s Certificate of
Title.
Chi of �ttlem, 4nassadjusetts
Notts of Au}Tenl u ,j Mit ,9!
CIT",
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES AT 40
AND 42 CLARK STREET ; (R-2)
A hearing on this petition was held October 16, 1991 with
the following Board Members present: Richard
Bencal,Chairman; Joseph Correnti , Richard Febonio,Mary Jane
Stirgwolt and Associate Member Ronald Plante. Notice of
the hearing was sent to abutters and others and notices o
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 Variances
from frontage to allow a single family dwelling to be built
on 40 Clark St. and a single family dwelling to be built on
42 Clark St. Property is located in a single family
district.
The Variances which have been requested may be granted upon
a finding of the the 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 or structures in the same district.
2. Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship, financial or
otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent ofthe 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. A variance from frontage to allow the construction of
single family dwellings on these lots was granted by this
Board on July 16, 1986.
2. Both 40 & 42 Clark St. have 75. 61 feet of frontage
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCE
AT 40 AND 42 CLARK STREET, SALEM
page two �rOY j
C1jY �
3 . Both single family dwellings will meet all other C( i,r 5
density and setback requirements .
t
4 . Each lot has over 20 , 000 square feet of land, 40 Clark
St . having 22, 864 sq . ft . and 42 Clark St . having 20, 553
sq. ft .
5 . There was no opposition to the petition.
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
subject property but not the district in general .
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve a substantial hardship to the
petitioner.
3 . The relief requested can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district .
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 . Petitioner shall comply with all requirements of the
Salem Fire department relative to smoke and fire safety.
3 . The division of the lots shall be as per the plans
submitted. One lot having square footage of 22 ,894
plus/minus and one lot having square footage of 20, 553
plus/minus. Each lot to have frontage of 75 . 6 plus/minus
feet .
4 . A Building Permit is to be obtained for each dwelling.
5 . . A Certificate of Occupancy is to be obtained for each
dwelling.
DECISION ON THE PETITION OF RALPH SALVO FOR VARIANCES
AT 40 AND 42 CLARK STREET, SALEM
page three hoy 1
0
Variance Granted
October 16 , 1991
Ronald G. Plante. Associate 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 Mass . 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
MGL, 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 or the owner of record
or is recorded and noted on the owner' s Certificate of
Title.
f
City of "liulem, CCussuchusetts
Aire Pepartmertt �}teaDquarfcra
48 Pfgctte *trert
Joseph F. Sullivan *Irrn, 4Vu. 01970
Chief
City of Salem Date: October 16, 1991
Board of Appeal
One Salem Green RE: 40 and 42 Clark Street
Ralph Salvo
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: the construction of a single family dwelling
subject to the following conditions: all below items except Item #1. . . . . . . .
1- This property (has no) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
smoke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon oompletion of the work.
���T"7
rman P. LaPointe
Fire Inspector
cc:
file
applicant
�CMWy• � rr��
s V itv Of �IlErit, C"l�tc� StzEhu5E t5
A
7f
4�c � �3,irr �[r.rtmtni �e:)�uarfers
48 36f Tette jPtrert
6alem, {tt. 01970
Joseph F. Sullivan
Chief
City of Salem Date: October 16, 1991
Board of Appeal
One Salem Green RE:- 40 and 42 Clark Street
Ralph Salvo
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: the construction of a single family dwelling
subject to the following conditions: all below items except item #1. .. . . . . .
1- This property (has no) (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
smoke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 5270 MR(Code of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon completion of the work.
d,
0W/ PJ
rnan P. LaPointe
Fire inspector
CC:
file
applicant
ewgl
�� T (1litg of ,SUIPm, 'fflttssadjusetts
3ourb of L�"eul
I rk�•,r> Wk�� l
November 15, 1991
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 Variance from
frontage to allow a single family house to be built on 40 Clark
St. and a single familyuhouse to be built on 42 Clark St.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision, if any, shall be made pursuant to Section 11�$
the Nlass. General Laws, Chapter 808, and shall be filed within 20 days
aftc,r the date of filing of this decision in the office of the City Clerk,
Pursuant 1; Mass. Ge'.ierai Laws, Chapter 808, Section 11,the Variance
er ecial i'ermit granted herein shy.;; not take effect until a copy of the
decision, tOering the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
tiled, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted On the owner's Certificate of Title.
BOARD OF APPEAL
rv` i
«' 1
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons interested in the petition submitted by
RALPH SALVO for Variances from frontage to allow construction of a single family
dwelling on 40 C1drk.St: & one on 42 Clark St. (R-1 ) Said hearing to be held
WEDNESDAY, OCTOBER 16, 1991 at 7:00 P.M. , One Salem Green, 2nd floor.
Richard A. Bencal, Chairman
October 2, 9, 1991
. CITY OF SALEM
BOARD OF APPEAL - CITY OF SALEM
745-9595 Ext. 381 BOARD OF APPEAL
Will hold a public hearing for all persons inter- , 745-9595 Ext. 381
ested in the petition submitted by Ralph Salvo for Will hold a public hearing for all persons inter-
Variances
nter-Variances from frontage to allow construction of ` ested in the petition submitted by Ralph Salvo for
a single family dwelling on 40 and 42 Clark St. Variances from frontage to allow construction of
(11-1).Said hearing to be held Wednesday,October a single family dwelling on 40 and 42 Clark Sl.
16, 1991 at 7:00 P.M.,One Salem Green,2nd floor. I (R-1).Said hearing to be held Wednesday,October
RICHARD A. BENCAL, Chairman 16, 1991 at 7:00 P.01.,One Salem Green,2nd floor.
October 2, 9, 1991 RICHARD A. BENCAL, Chairman
October 2, 9, 1991
• 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 Ralph Salvo for
Variances from frontage to allow construction of
a single family dwelling on 40 and 42 Clark St.
(R-1).Said hearing to be held Wednesday,October
16, 1991 at 7:00 P.M.,One Salem Green,2nd floor.
RICHARD A. BENCAL, Chairman
October 2, 9, 1991
y APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
f1�i#g of *Irm, f ttssar4use##s
F. *arb of �Ypettl
S�
Cp�,g
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District9-A. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
E/? C- s
J
e4-
CD �i3 T s_ rift/
- G Eti w.T
L)
Q
� V
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Ce-4—
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: p /�
�C/�-CO
5����Q � etinl�y �W'e�IIK f OK E lQ F C� TO
Owner. . . A�:I VV . . . . C4 SsJvp
Address.2 A\vuvle_J !�ve 1 DchNr 'i,v�A ora z3
'� -.f a4 �{G5- �
Telephone. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . .
Address. . �. . .` .aA .O:^!"� .. .. .. .. .. .. .. .. .. .. .
Date. . . . ...—R. . . . . . . . . Telephone�. ./... . . . . . . . . . . . .
By. . . . A �i. . . . . . . . . . . . . . .
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.
NO....................................
PETITION TO BOARD Of APPEALS
LOCATION
...........................................I....................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDII IONS
............................ ...................I................
........................ .......................................
................................................................
....................................I............................
.................................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED.........................
.............................................1 19.........
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(9i#g oftt1Pm, ttssttcliusP##s
��. Pottrb of 'ppeul
TO THE BOARD OF APPEALS:
The Und rsi ned rep esen.t th t he is are the owners of a certain parcel of land located
at N0. a. A . ��.. s�� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . R-.1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
N En
R
w
QN L'I n N
O �j
r
O C Li' m 0 CA.D
m V-D U
rnm
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
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:
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Owner. J, C . . . . .
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Address
Telephone. }`(�3aSs�t fls- U ,
Petitioner.
sa y wL as 4:49,; . . . . . . . . . . .
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Date. . . �. . . . . . . Address. . /. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
.`. _3-.�.
Telephone. . . . . . . . . .. . . . .
. . . . . .
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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.
E
NO..........._.......................
PETITION TO BOARD OF APPEALS
LOCATION
................................................................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDITIONS
............................ ....................................
........................ .......................................
................................................................
.................................................................
......................................................
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,PETITION APPROVED.................... ❑
DENIED......................... ❑
.............................................1 19.........
(7-
852"7PL5,' G
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 follgWkni To$$ d M bers
present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs: , Ld iQ All
Fleming. Notice of the hearing was sent tc abutters and othersfg*cW notices of the
nearing weca prop° iy N ` ^ 'the S ?1.?m Evening News in accordance with
Massachusetts General Laws Chaptar 50P.
NASS
Petitioner is requeatirg a Variance _`ror frontage to divide a lot into two lots
and to construct d single family dwelling on each lot. Each lot would have app`dxi-
mately 75.5 feet of frontage.
cn
�Tr
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 affect�}rs g
other lands, buildings and structures in the same district;
W
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
pubi,-c d oJ -_llifirinc. or substantially derogating from the
intent of the district or the purpose of tree 0 'diriance. o
The Board of Appeal, after careful consideration of the evidence presented at is
hearing, and after viewing the plans, makes the following findings of fact: _
1 . Support for the plan was voiced by neighbors. abutters and others; o
2. The existing lot is 43,447. feet, with frontage of 151 ,22+ feet. j
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Beard 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 substantiai 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
Theiefore, 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;
Certificate of Occupancy. be obtained.
VARIANCE GRANTED
Richard A. Bencal , Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
PUR
S"n.L 8` •.'ADc SJC.N' TO SECTION 17 OF
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BOARD OF APPEAL
s
Date September 23, 1986
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