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R1 CLARK STREET - ZBA C ; TI Clark St. R-1 t.? Stephen & Peggy Marsella I C� I V 8 1nr,M` (9itU of --,-5ttlem, 49. ttssncljusetts 35nttrD of -Aupeal r October 7, 1993 YOU ARE HEREBY NOTIFIED THAT AS OF SEPTEMBER 30, 1993 THE DECISION OF J THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE TO ALLOW AN CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 11 CLARK STREET (R-1) BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 MGL 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/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 fl�ity of �ttlem, fflassacilusefts ;_ s -Sourb of (AAvVeatu 3 DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET (R-1) A hearing on this petition was held September 15, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen O'Grady and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Variance from lot size and frontage to allow construction of a single family dwelling at 11 Clark St. A Variance was granted on December 7, 1988 to allow 24 Barnes Circle to be divided thus creating the lot now known as 11 Clark St. located in an R-1 zone. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. A Variance was granted on December 7, 1988 to allow the property at 24 Barnes Circle to be divided and to construct a single family dwelling on the lot now known as 11 Clark Street. 3. Petitioners were unable to construct the proposed single family within the required time frame. DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE AT 11 CLARK STREET, SALEM page two F�pp 4. The Board of Appeal found in 1988 that the property at 24 BaAX Cir?? tPj raj 5� was unique as it fronts on both Barnes Circle and Clark Streett, , 5. The Board of Appeal also found in it's 1988 decision that the topography of the property was irregular and to allow the division of the property and the construction of a single family home on what is now 11 Clark Street is the best use of the property. 6. The proposed single family dwelling will meet all setback requirements. 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 substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the ZoningBoard of Appeal voted unanimous) 4-0 to rant the PP Y> g variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 5. A Certificate of Occupancy shall be obtained for the new dwelling 6. If it is necessary to do any blasting, said blasting is to be done in strict accordance with all city and state requirements and with all the appropriate permits being obtained by the departments having jurisdiction, including but not limited to the Salem Fire Prevention. 7. Proper numbering shall be obtained from the CityofSalem Assessor. l Francis X. Grealish, Chairman Board of Appeal DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET, SALEM page three SEP J'U' 3 v F11 `93 VARIANCE GRANTED C " nSS September 15, 1993 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 (fit" of 15ttiem, �4Rtt59ttCjjU5rft,3 -Soura ofcz„�.EP , "5si DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET (R-1) A hearing on this petition was held September 15, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen O'Grady and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Variance from lot size and frontage to allow construction of a single family dwelling at 11 Clark St. A Variance was granted on December 7, 1988 to allow 24 Barnes Circle to be divided thus creating the lot now known as 11 Clark St. located in an R-1 zone. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. A Variance was granted on December 7, 1988 to allow the property at 24 Barnes Circle to be divided and to construct a single family dwelling on the lot now known as 11 Clark Street. 3. Petitioners were unable to construct the proposed single family within the required time frame. i DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE AT 11 CLARK STREET, SALEM page two F�pp 4 . The Board of Appeal found in 1988 that the property at 24 BaRJOCi;�§9 Pit '3j- was unique as it fronts on both Barnes Circle and Clark Street.Ci-,, .. . _ S 5. The Board of Appeal also found in it's 1988 decision that the topography of the property was irregular and to allow the division of the property and the construction of a single family home on what is now 11 Clark Street is the best use of the property. 6. The proposed single family dwelling will meet all setback requirements. 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 substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 5. A Certificate of Occupancy shall be obtained for the new dwelling 6. If it is necessary to do any blasting, said blasting is to be done in strict accordance with all city and state requirements and with all the appropriate permits being obtained by the departments having jurisdiction, including but not limited to the Salem Fire Prevention. 7. Proper numbering shall be obtained from the City of Salem Assessor. Francis X. Grealish, Chairman Board of Appeal DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET, SALEM page three SEP JO 3 07 ri '93 VARIANCE GRANTED September 15, 1993 ?SS 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 itc of -5ttlem fttssacl usetts _ z ~= 1 nttrd of -AuPeat& 3.� � p+ IN 'S-3 ('17,. -:, DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET (R-1) A hearing on this petition was held September 15, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen O'Grady and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Variance from lot size and frontage to allow construction of a single family dwelling at 11 Clark St. A Variance was granted on December 7, 1988 to allow 24 Barnes Circle to be divided thus creating the lot now known as 11 Clark St. located in an R-1 zone. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. A Variance was granted on December 7, 1988 to allow the property at 24 Barnes Circle to be divided and to construct a single family dwelling on the lot now known as 11 Clark Street. 3. Petitioners were unable to construct the proposed single family within the required time frame. DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE AT 11 CLARK STREET, SALEM page two FFpp ?? 4. The Board of Appeal found in 1988 that the property at 24 B SAX CirtR7 rill '53 was unique as it fronts on both Barnes Circle and Clark Street{,,,, -;"SS 5. The Board of Appeal also found in it's 1988 decision that the topography of the property was irregular and to allow the division of the property and the construction of a single family home on what is now 11 Clark Street is the best use of the property. 6. The proposed single family dwelling will meet all setback requirements. 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 substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 5. A Certificate of Occupancy shall be obtained for the new dwelling 6. If it is necessary to do any blasting, said blasting is to be done in strict accordance with all city and state requirements and with all the appropriate permits being obtained by the departments having jurisdiction, including but not limited to the Salem Fire Prevention. 7. Proper numbering shall be obtained from the CityofSalem Assessor. Francis X. Grealish, Chairman Board of Appeal DECISION ON THE PETITION OF STEPHEN & PEGGY M.ASELLA FOR VARIANCE AT 11 CLARK STREET, SALEM page three SEP 3D 3 07 F14 '93 VARIANCE GRANTED C i ' "iASS September 15, 1993 ,, 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 City of -,$ulem, ��Ia9SttCITUSett5 -Sourb of ;. DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET (R-1) A hearing on this petition was held September 15, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen O'Grady and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Variance from lot size and frontage to allow construction of a single family dwelling at 11 Clark St. A Variance was granted on December 7, 1988 to allow 24 Barnes Circle to be divided thus creating the lot now known as 11 Clark St. located in an R-1 zone. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. A Variance was granted on December 7, 1988 to allow the property at 24 Barnes Circle to be divided and to construct a single family dwelling on the lot now known as 11 Clark Street. 3. Petitioners were unable to construct the proposed single family within the required time frame. .2 DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE AT 11 CLARK STREET, SALEM page two 4. The Board of Appeal found in 1988 that the property at 24 B 9e40Ci;kq9 Pill was unique as it fronts on both Barnes Circle and Clark Street{; - . ;. . . 5. The Board of Appeal also found in it's 1988 decision that the topography of the property was irregular and to allow the division of the property and the construction of a single family home on what is now 11 Clark Street is the best use of the property. 6. The proposed single family dwelling will meet all setback requirements. 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 substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 5. A Certificate of Occupancy shall be obtained for the new dwelling 6. If it is necessary to do any blasting, said blasting is to be done in strict accordance with all city and state requirements and with all the appropriate permits being obtained by the departments having jurisdiction, including but not limited to the Salem Fire Prevention. 7. Proper numbering shall be obtained from the City of Salem Assessor. '�f+J�Qirc-carr moi. .•.�t�a.�v-�ri� Francis X. Grealish, Chairman Board of Appeal DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET, SALEM page three SEP JO 3 o7 F11 '93 VARIANCE GRANTED September 15, 1993 GS 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 (fitu of -,'j�ttlem, �4*FU!55aCltu9ett9 nura of �,upeat,, s t1T f ii `'s c DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET (R-1) A hearing on this petition was held September 15, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen O'Grady and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Variance from lot size and frontage to allow construction of a single family dwelling at 11 Clark St. A Variance was granted on December 7, 1988 to allow 24 Barnes Circle to be divided thus creating the lot now known as 11 Clark St. located in an R-1 zone. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. A Variance was granted on December 7, 1988 to allow the property at 24 Barnes Circle to be divided and to construct a single family dwelling on the lot now known as 11 Clark Street. 3. Petitioners were unable to construct the proposed single family within the required time frame. DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR A VARIANCE AT 11 CLARK STREET, SALEM page two F�pp 4. The Board of Appeal found in 1988 that the property at 24 B 9J0C4PJ rid '53 was unique as it fronts on both Barnes Circle and Clark Street.,; ; _ S 5. The Board of Appeal also found in it's 1988 decision that the topography of the property was irregular and to allow the division of the property and the construction of a single family home on what is now 11 Clark Street is the best use of the property. 6. The proposed single family dwelling will meet all setback requirements. 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 substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 5. A Certificate of Occupancy shall be obtained for the new dwelling 6. If it is necessary to do any blasting, said blasting is to be done in strict accordance with all city and state requirements and with all the appropriate permits being obtained by the departments having jurisdiction, including but not limited to the Salem Fire Prevention. 7. Proper numbering shall be obtained from the City of Salem Assessor. anra� L � lue� �b Francis X. Grealish, Chairman Board of Appeal A DECISION ON THE PETITION OF STEPHEN & PEGGY MASELLA FOR VARIANCE AT 11 CLARK STREET, SALEM page three SEP 30 3 07 PH '93 VARIANCE GRANTED C:?'i ASS September 15, 1993 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 J -ATE OF 'ETI-TONER LOCATION // R `� 10TION: TO GRANT SECOND TO DENY SECOND ,0 RE-HEAR SECOND _SAVE TO WITHDRAW SECOND -0 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE STEPHEN O'GRADY GEORGE A. AHMED 1/ FRANCIS GREALISH EDWAR( LU7Z SKI TEPH N T_/UCHETTE ASSOC:7,TE ';EMBERS Rnnintn or n>imr ARTHUR LABRECOUE CONDITIONS: ) 2 s D f P' 1 N U'i� va } o 0 � 'NL (n jj• � 25 q �O r L Mgt. aY. 9 c p cp -- �s = _w O PROPOSED, RESIDENCE FOR MR. STEPHEN MASELLA LOT#105, .CLARK STREET, SALEM, MASSACHUSETTS JAQUITH &"'SIEMASKO, INC. ARCHITECTS & PLANNERS 8 ENON STREET, BEVERLY, MASSACHUSETTS 01915 (508)927-3745 u 00 o frl f I ❑ o= W A �- - o < Mi _ - I C z p �� 0 0 =o Uf � PROPOSED RESIDENCE FOR MR. STEPHEN MASELLA LOT#105,.CLARK'STREET, SALEM, MASSACHUSETTS Fes, JAQUITH .& ;SIEMASKO, INC. ARCHITECTS & PLANNERS S fNON STREET BEVERLY,. MASSACHUSETTS 01915 (508)927-3745 I L � fi li ' 1 A 7� JC NCV'ix Z`YV'• C .n I 1 ~ V s 5 fo 'ssr�, ys T— PROPOSED RESIDENCE FOR MR. STEPHEN MASELLA LOT#105. .CLARK STREET, SALEM, MASSACHUSETTS JAMM & SIEMASKO, INC. ARCHITECTS & PLANNERS S ENON STREET, -BEVERLY, MASSACHUSETTS 01915 (508)927-3745 vn 1 ,I 0 All o_ rn II o < I ( N iI p II i A i73 T- c- 7%c7 ay Q�> M 111 �S 0 r� Ay T PROPOSED RESIDENCE FOR MR. STEPHEN MASELLA LOT#,105, CLARK STREET, SALEM; MASSACHUSETTS �► JAQUITH. & 'SIEMASKO, INC. ARCHITECTS & PLANNERS 8 ENON'STREET, BEVERLY, MASSACHUSETTS 01915 (508)927-3745 A r � < Z V1 L Z 77*= o p 0 QQ 7a w r O p � p I Ew � 8 ILL NF k ti i, c fi --gig 01--44_„'� °✓ m a7 Q Ati � PROPOSED RESIDENCE FOR MR. STEPHEN MASELLA LOT#105, CLARK STREET, SALEM, MASSACHUSETTS JAQUITH, &. SIEMASKO, INC. ARCHITECTS & PLANNERS 8 ENAN STREET, BEVERLY, MASSACHUSETTS 01915 . (508)927-3745 asp- ou T- a 713 to L ;! c a A c � S co PROPOSED RESIDENCE FOR MR. STEPHEN MASELLA I's + LOT#M, CLARK STREET, SALEM, MASSACHUSETTS 4 JAQUITH .& SIEMASKO, INC. ARCHITECTS & PLANNERS 8`ENON STREET, BEVERLY, MASSACHUSETTS 01915 (508)927-3745 AUG 17 9 3z �Fl `93 CITY OF SALE Af CLERK'S — �NFSS Stephen J. and Peggy E. Masella August 6, 1993 24 Barnes Circle Salem, MA 01970 Board of Appeals 1 Salem Green Salem, MA 01970 Twhom it may concern, We the petitioners seek to gain another variance for our land on 11 Clark ST, Salem, MA. At the time of the first variance that was granted, Stephen's lack of work made it financially impossible for us to act on the variance we were granted. Because of the topography of the land on 11 Clark ST, it is of no value to our home on Barnes Cir&le. Please see attached letter of our first petition. We ask the Board of Appeals for anther variance for the lank on Clark ST and we will make use of the variance in a reasonable time limit if granted. Thank-you for your consideration. i f Y I - f r, STATEMENT IN SUPPORT OF PETIT 17 9 31 ' BEFORE THE BOARD OF APPEALS CITv OF S ,t VM ?ASS CLER;-',S r1+- ' ' The Petitioners seek to re-subdivide the currently existing land between Barnes Circle and Clark Street so as to create two lots . One lot would be a house lot with a dwelling and for purposes of this Petition shall be referred to as "Parcel 111 . The second lot to be created shall be a buildable lot , upon which the Petitioners plan to build a two - story house , and for purposes of this Petition shall be referred to as "Parcel 2" . This is a statement in support of the petition of. Stephen J . Masella and Peggy E. Masella for a Variance to allow the creation of the two lots . It is believed that Mr . & Mrs . Masella meet all of the requirements for granting the Variance . There would be no detriment to the public good in that no additional city services would be required to be added by the city. There would be no substantial increase in the traffic on either Barnes Circle or on Clark Street , and both Clark Street and Barnes Circle are wide enough streets to accommodate entering and exiting from the lots by automobiles . Adequate fire protection can be provided to both properties . There would be no substantial derogation from the intent and purpose of the By Law despite the fact that the Variances are sought to reduce the area from 17 , 985 square feet to 12 , 985 square feet for one lot and 5 , 000 square feet for the second lot . Nor would there be a substantial derogation from the intent and purpose of the By Law despite the fact that variances are sought to reduce the frontage requirements from 100 feet to 51 . 13 feet for one lot and for 50 feet for "Parcel 2" . In regard to "Parcel 1" , the Parcel currently, and since 1918 , has had a frontage along Barnes Circle of 51 . 13 feet . No change is sought in the frontage for "Parcel 1" . Rather , the current frontage would remain the same whether the variance is granted or denied. Entry onto and off of Barnes Circle will not be affected in any way. Both "Parcel 1" and "Parcel 2" would conform in size and shape to the lots on all sides of the newly created lots as well as to other lots in the neighborhood. In fact , most of the homes in the immediate vicinity are built on lots of approximately the same size as the lots which are to be created, that is , on undersized lots . In fact , two new homes were recently built on Clark Street on undersized lots , In additign, Pet tigne B. &t§It that the creatign of the lots and the btuiidfng of structures on the property as planned, would create nothing out of the ordinary in ,the neighborhood. There will be no change in the neighborhood or no change in the character of the neighborhood by the addition of a single family home on the newly - created lot and the division of the one lot into two smaller lots . No AM 17 9 31 491 336 CITY 01- S, CLERK, M(CESS new streets need be created. the resul£ing loth froht on a tooil t#ity, mould each Hardship exists in that Mr. & Mrs : Masella ' s family has just expanded thin outgrowing their p,reseht 'structure. In order to accommodate their new family, i�hich now includes two children, Mr. & Mrs , Maseila plan to subdivide their property, build a house on the lot which tti11 front on Clark Street; sell the heti gEfttttur@ 9ffd thug pgfriit theffigelttes to Add o6 to their [3reg@fiEiy "igtiffg structure in order to ad"E ifi<7date- their grot#ing jAidily; This hardshifi coiidi£ioii particularly aff@2t§ this lot and district. Mr. & Mrs . Masella anti riot generally the entire zoning Therefore, the petitioners respectfully request that the board grant the variafices� ffon the frontage and area requirements to allot# the creation of the two lots as shown on the plan submitted with the petition: tkeffipectfully submitted; p Kevin J: Sullittail, Esquire ir AUG PROPERTY AbbAk§s! 24 "r- h6g C-'.UrC,Ao gilibm, MAptachdJA ?93 y Stbph#ii J. Ma661ja and 06d�y t. M;flel-� VJFS FIC', LOT uo' DEED kkokbtDi 96siex gotith bi§tirict P`,ogj§tiy of beads Book $775; P&trd 305. APPROXIMATE DATk OF CONSTRUCTION OF txtstl9d I,ot Size: 1§, 095 square feet Lot cov6kfigoi t6bg then 36% D60th. 13A Sideline: 13 feet grid ji j6Ct keAr IiAtd! dr6At4f thaij 36 feet m6ight! i story FbhC69 : No'ne DittAbdd §66#64h ttiijd'jjdAi I loofa thaii 4' J66t 0 NEW LOTS: yACtCL 1 2 Lot Size: gq ft sioob bq; ft: 51ii3 feet 56 toot 611 dii OdffiLsf; c" itt CiAkk 8tkdot L666 thAh j6% bepthe 83, 5, 25 Sidciirie3 i3 ft, & J1 io ft. k ib ft: dfbdt6i thfift 36 ft: dt�6&tdt thah 36 ft Ofid Story I'Vo ft6ry R 6,ii 6 N6hg . .DiAtfihd6b ! Moto thafi ,46" ft, k6t6 tfigh 46 tt; REQUESTED yARIANCES 11 paiddl i a), Lot fiii@ b) Fi:olitdgp L6t hitg APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . Ctv of '�$ttlem, IFttsstztljuse##g 's 'Paurb of �Vyral TO THE BOARD OF APPEALS: The Undersi ned represent that he is are the owners of a certain parcel of land located at NO. A Clark Street, Salem,. Massachusetts. . . . . . . . . . . . . . . . . . . . .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. 0 s a � n c � � a m-n °U+ (Jo N w 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: c / I q G J Owner. . . . Peggy .and .�tqp. i .Mas?l1a . . . . . . . . . °I I Address. . .24 .&aznes .Q>tq q, .Sal.nla, .14A . .MN Telephone.SQVZ44:Qb$5 . . . . . . . . . . . . . . . . . . . . . . \ PetitionerPeggy„and ,Stephen .Mqsellq . . . . . . . . . Address. . .Sam@ ,aq ,abbve . . . . . . . . . . . . . . . . . . . . . August 6, 1993 Date. . . . . . . . . . . .. Same a . . . . . . . . . Telephone. .s.a. . . . .bove . . . . . . . . . . . . . . . . . . . . . By. . . . . .4P.kes.o_`.:`k . . . . . . . . . . . . . . . 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 ..............................................:................. PETITIONER.......................................... ADDRESS............................................... ........................................ CONDITIONS t f ................................................................. j ........................ ....................................... ................................................................ ................................................................. ................................................................. ................................................................. ,PETITION APPROVED.................... ❑ DENIED......................... .............................................. 19......... r Auc l 19 CITY o 32 All '93 F CtfRX;41 AQSS Stephen J. and Peggy E. Masella August 6, 1993 24 Barnes CirEle Salem, MA 01970 Board of Appeals 1 Salem Green Salem, MA 01970 Twhom it may concern, We the petitioners seek to gain another variance for our land on 11 Clark ST, Salem, MA. At the time of the first variance that was granted, Stephen's lack of work made it financially impossible for us to act on the variance we were granted. Because of the topography of the land on 11 Clark ST, it is of no value to our home on Barnes Cirdle. Please see attached letter of our first petition. We ask the Board of Appeals for anther variance for the lank on Clark ST and we will make use of the variance in a reasonable time limit if granted. Thank-you for your consideration. J AUG 17 9 31 AN ' CITY OF SALEM, MASS CLERK'S OFFICE i Stephen J. and Peggy E. Masella August 6, 1993 24 Barnes CirEle Salem, MA 01970 Board of Appeals 1 Salem Green Salem, MA 01970 Twhom it may concern, We the petitioners seek to gain another variance for our land on 11 Clark ST, Salem, MA. At the time of the first variance that was granted, Stephen's lack of work made it financially impossible for us to act on the variance we were granted. Because of the topography of the land on 11 Clark ST, it is of no value to our home on Barnes Circle. Please see attached letter of our first petition. We ask the Board of Appeals for anther variance for the lank on Clark ST and we will make use of the variance in a reasonable time limit if granted. Thank-you for your consideration. Y lid, y STATEMENT IN SUPPORT OF PETITION A BEFORE THE BOARD OF APPEALS T D �,z,to P�?.SS The Petitioners seek to re-"subdivide the currently existing land between Barnes Circle and Clark Street so as to create two lots , one lot would be a house lot with a dwelling and for purposes of this Petition shall be referred to as "Parcel 1" . The second lot to be created shall be a buildable lot , upon which the Petitioners plan to build a two - story house , and for purposes of this Petition shall be referred to as "Parcel 2 This is a statetinent in support of the petition of Stephen J. Ma§eila Arid gpggy E. Ma$ella for a Variance to allow the creation of the two lots. It is believed that Mr. & Mrs. Masella meet all of the requirements for granting the _ Variance . There would be no detriment to the public good in that no additional city services Would be required to be added by the city. There would be no 'substantial increase in the traffic on either Barnes Circle or on Clark Street , and both Clark Street and Barnes Circle are wide enough streets to acc OiftmOdfite entering and exiting from the lots by Automobiles . Adequate fire protection can be provided to both properties. There would be no 'substantial derogation' from the intent and purpose of the By Law despite the fact that the Variances Are sought to reduce the area from 11 , 985 square feet to 12, 985 square feet for one lot and 5, 000 square feet for the second lot. Not would th@re b@ a sub§tantial derogation from the intent and purpose of the By Law despite the fact that variances are sought to reduce the frontage requirements from 100 feet to 51 . 13 feet for one lot and for 50 feet for "Parcel 20' : In regard to "Parcel i" , the Parcel currently, and since 1919, has had a frontage along Barnes Circle of 51 . 13 feet . No change is sought in the frontage for "Parcel 1" . Rather, the current frontage would remain the same whether the variance is granted or denied. Entry onto and off of Barnes Circle Will not be affected in any way. Both "Parcel 1" and "Parcel 2" would conform in size And shape to the lots on all sides of the newly created lots as well . As to other lots in the neighborhood. In fact, most of the hohida in the if8mediate vicinity Are built on lots of approximAt@ly the §Ain@ site as the lots Which are to be created, that is , on undor§ited Iota. in fact, two new homes Wer@ rec@htly built oil d ark Str@@t on undersized lots . In Addition, Potitiftliki, @tete that the croation of the lots and the building of structurLs oh the property As planned, would create nothing out of the ordinary in ,the neighborhood. There will be ho' chahge in the neighboihood or no change in the character of the neighborhood by the addition of a single fAmily home on the newly - created lot And the division of the one lot into tWo smeller lots . No AuG 17 29 X19 '93 CITY OF S,tt tpr, 4 ASS froitttddth CLPRt-"S'GFF!Cr frofit on lott would each ye Hardship okigtg in that expanded 3. 3. Mrs MaS611A , s family has just to accommodate their h6V ft"§ present "structure. In order fifnilY,' i4hich i'014 includes talo chiidreh, Mt. & Neg. MAseila plan to bUbdivide their property, build A house on thd lot t#hldh *ill front on Clark Street, sell thd h64 btfijetUto Ot6 &h add on to th6theirgontiV @Xittinij d thtil "tiftit theffiboitibg to Add0""6dfit6 th6it qr0'#jjjq tttffijly: structure in order to This hAkdghfp' 6ohd' t 'bfi particularly affects this lot and Me & Mks' Ma dll& And fi6t 0h6kally the entire zoning district: Th6tbiatbi the Oetiti6fi@t§ ra§p6CtfilIlY t6que9t that the board grant the t;gf-ifific66 ffoffi the fkohtgde and Area reqUikbffidfitg to allot, the creati,h of the two lots As 9hotin on the Olaf, 9ttbftiitt6d 0ith the petition , Respectfully gubinitt6d, Rivah JTSUIliVA ft: Esquire Auc 17 9 31 Ail PROPERTY Abbkk6g! 24 barfi6t dik"J6 c tai m OWNERS : 8tdohfifi JI M&telik wid pc-j�:v llaflelj�.v $ALEm S I,", MA G_s HCE ASSk§§6k Ap!_ L6T DEED kkddkbkb! g g6 C.if south bletr' idt kbgfigtiy bf bddds Rook 5775; PA46 366 , APPROXIMATE DATE OF cONstRtjdipjoN OF txIstfNd StRudma! Lot scitidia iL Frontage: 51 . 13 k@6t Lot COVOk&V@! Ld§b thAft 36* Depth: 33A sidel : irle .4 13 feet and Ji feet Rear Yard; (jt6&tdk thdfi 36 jg6t He'igiht! 1 Story Pbliew, go"h6 b I ! 6tAficb bgtI46fl bUildififibi ffi6f6 thaft 46 f66t NEW kARckL 2 Lot site.. rid ft bd., ft. Ptofitaq4.' f6di 56 t46t ah ori fidfa66 af, Cilfk §tk@et cbvdtadd! Lgfia thfift 10% bogg thAft 36% bmth.. jjls° is gi glifib! i3 ft, vh 16 it, i lb ft: k6fikiitid! drb&C6f thafi 3b dfffitef thaf, 36 ft he."Lght! 6fig §t6ty too Story Fences ! 140-iia lmlio ' .bi§tfific(MiMare than 46 ft: a) Lbt ii�ii b) krafitad@. I L 6 t' b) pfehued, /4,669Ift a Y v S.E.D. 0 Z� B-OL A. 1 16 88 ?+ 2 B.O.A. L/s s, \ 4g - y /t/y REV. BY B.O.A. 87 / mP REV. BY B.O.A. �\ \ sOoo 78 l28� ! / REV. BY B.O.A. P ) 1 sOOp o/rr "66e 8g \ REV. BY S.E.D. /2e eo V 79 S41:E,N '9822 /sa e° CLARK ° so s�opo B 8Q /$ e$ A•0 000 8 - �'9p0 s eo ss-B A a00 1 l /Ja8,3 e• e oo .row 8g e /s 623. /2g e2 ° " oc v a� 'e ST&Ef 7 e° •• o so �/� 4 is Js • ee /90.40 2^�ss /23 , O x oe D 106 12/48 ! % 16000 � 22 15245 131 1 � U /6/655 b 122 .WP" * ,d 01, m 12547 0 ' qr O 0' /OT - -LUL,p '21 v 9132 �f ;\a g3 ,,1, _ 1,05c S.E.D. 10591 , 0 d ooe — S.E.D. I / \2 c 15 1.j3 A e s — AVIS i o AVIS i REV. BY AVIS l o ,a REV. BY H//. 60' \\ 00 $ \A 6 REV BY AVIS1505 /. /29 — 20A 0 \6 \''00 35?� 1♦B m J 544,500 N LAST N° UP b LOTS 126,.136 NO' 4 8 �.� I ✓ I 3 7 2 0 BOARD OF ASSESSORS CITY HALL PAGE. 24' F-P4 P44 M4970 .. ... • DATE p8/<Es/93 2 2 ............ ...... e' CERTIFIED LIST 4 • 4 5 5 SUBJECT PROPERTY: MAP- 03 LOT: 0138 SUFF. PROPERTY ADDRESS: 0011 CLARK STREET 6 a . . 1--, 'P "'o............ .................... 10 8 ASELLA I DONALD ...... ............ ............ ................ ................. 10 73 * I I :4 • 03 0-138 0011 CLARK STREET MASELLA STEPHEN J 24 BARNES CIRCLE 5 12 17 3 (73 0p79': ppp7 CLARK REE 4 ioNr) FAMILVI:aTRUST '419, 4' IG S% T� HAMP i ND -AVENUE .',e ............ .......... l-' FERRAGAMQ,lPAULR% .' T ­'e%­ 4, ............ 15 ............ Is F 21 z 17 03 0081 0015 CLARK STREET ANDREWS THOMAS C 47 NORTH FEDERAL ST 22 23 ta 24 . 20 C?3 008 00 u' EARNES 25 CIRCLE J. REALTY TRUST 4;6,4CHI L DSI"ST ...I I..I.....I..I..I.... z6. -L]14 lRbbERT/STILIA ,;JOHN TRS'�e.... ..... ............ ........... .......-....... 21 4� L 27 go; ....I.............I.I.I.% "'­..I I..l A 'A 28 22 29 .23 MASELLA PEGGY E & MASELLA DONALD R ;ALEM VIA 01970 30 • 24 03 0088 00422 BARNES CIRCLE HAMMOND FAMILY TRUST 419 HIGHLAND AVENUE 31 F G6W RAI" T-R 32 A(,,EE. X 'ET" e.... ........ 33 PER YL' RK"STRE I SIT ....... 34 D_ .......... ANDER2,PAUL4 35 27 99 :9 4 �4 1 36 28 37 29 C/O HAREWO00 MARVA U SALEM MA 01970 3: 03 0123 0008 CLARK STREET GEORGE AGNES F 8 CLARK STREET 3 • 30 40 71 9;41 C-04 A44 fti� • 41 32 43 .......... ....I.I .............� 42 .............. 33 ...... ....... .................. .......... ............... 4 .......... ....... .................. 34 45 35 4 4 48 37 .......... "I....... ............. 49 ...... 1 "12*1 1 11 l-,"1. 1, • .........I %N.......... 38 i 50 ......... . .......... 52 ..........................I 39 40 - �............ 53 •41 54 55 z 42 56 2 43 ...... 57 44 .............. 58 59 45 .......... ...I.I.I.I.. ...... 60 L 46 61 0 47 620 3 48 :4 ..................I I I 49I- 65 • ........... 50 67 • 52 69 05370 710 54 72. ........... 55 - PETER M CAFiON J3 0 56 SFSSO 75 7 . CHIEF ASR ...... ........... 7 ......... .. . 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