PIERCE ROAD - ZBA (2) LOTS B, C, D, & E, PIERCE RD.;
Clayton W. Smith
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'81 FEB 26 P12 :02
FEBRUARY 18, 1981
CITY Ci OFFICE
DECISION ON THE PETITION OF CLAYTON W. SMITH REQUESTING A VARIANCE FOR LOTS B,
C, D AND E, PIRECE ROAD.
A hearing on this Petition was held on February 18, 1981, with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, LaBrecque,
Feeherry and Hacker. Notices of the hearing were sent to abutters and others and
a notice of the hearing was published in the Salem Evening News on February 4, 1981,
and February 11, 1981, in accordance with Massachusetts General Laws, Chapter 40A.
The Petitioner has requested a variance from frontage requirements for the
property designated as Lots B, C, D and E, Pierce Road. A variance is required
because the property, which is in an R-1 district, does not have 100 feet of
frontage on an improved road. The proposed use of the property for a single family
residence is thus prohibited without a variance.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of fact:
1. This property was the subject of a prior variance granted by this Board.
2. The petitioner's proposed use of this property is consistent with the
surrounding neighborhood.
3. The property in question is unique because of its size and because of its
location between two improved roads.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeals concludes as follows:
(1) The unique size, configuration and location of the Petitioner's lot
renders it valuless without the grant of the requested variance.
(2) The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land is
located.
(3) The conditions described above which affect the land in question, but
not the zoning district generally, cause a special hardship to the
Petitioner because his land has no financial value without the requested
variance.
(4) The desired variance may be granted without substantial detriment to the
public good because the Petitioner' s proposed use of the property is
consistent with the surrounding neighborhood.
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Puarh of Appeal
PAGE TWO - DECISION - FEBRUARY 18, 1981 - LOTS B, C, D, AND E PIRECE ROAD
Therefore, the Board of Zoning Appeals unanimously votes in favor of granting
the requested relief. The Board grants a variance to the petitioner on the follow-
ing terms and conditions:
(1) All of the conditions stated in a prior variance granted by this Board
for the property in question shall remain in full force except that
in place of the driveway previously required by this Board, the Petitioner
will now be required to construct a portion of road from the present end
point of Pierce Road to the beginning of the Petitioner's property on
Pierce Road. This road shall be constructed in accordance with specifica-
tions provided by the City Engineers.
(2) The Petitioner shall be required to obtain the approval of all other City
Boards prior to any construction at the site.
(3) The portion of road to be constructed by the Petitioner shall be maintained
by him or by any subsequent owner of the property in question.
(4) The portion of road to be constructed by the Petitioner shall remain open
to the public.
Anthony M. 4eeherry, SecretIcsy
APPEAL FRO',1 THIS DECISION, IF A.":Y, SKA.L L 6E MADE PU!'SUANT TO SECTION 17 OF THE MASS. -
GENERAL LANS. CHAPIER SJB. A:.D S%,'..LL 6C F;iED V.11HiN 20 DAYS AFTER THE DATE OF FILING
OF THIS DFC03i: Li TH, GF:-il_ 07 THE CITY Ul,.K. -
PURSANT T3 . <.So �.`it:;' '.�� - Si .. I1, THE VARIANCE R cp i
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GRAtV LED HCr:c:, SK'S!. , .. ,. _'T i . :.• ,'t JCL-:iL t:. THE .MT- .
FICATIJ„ CF TH j ....L,,_ _- .._ LIAP._) =..I) A?PEAL HAS KEN FILED,
ST:• '
OR THAT, IF -., AN APPEAL h .. .I F.:S BCE: F .= . . ' H.,3 J3ti GIS"iSSED OR r:;!ED IS
RECORDED IN THE SOUTH ESSEX HE;1P"i': OF CEEGG t-iM U cEXED -,':;DER THE N;',,E OF THE OYlNER
OF RECORD OR IS RECORDED AND NDTED ON THE DINNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL .
A COPY OF THIS DECISION, AND PLANS REFERRED TO HAS BEEN FILED WITH THE PLANNING BOARD
AND CITY CLERK,
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January 19, 1981
Clayton W. Smith
Salem Five Cents Savings Bank
210 Essex Street RetBoard of Appeal Hearing
Salem, Nlass. 01970 January 21, 1981
Lots B, C , D & E
Pierce Road (R-1 District)
Dear Mr. Smiths
At your request I have viewed the proposed area on Pierce Road ,
Salem, Mass. which is subject to review by the Salem Board of
Appeal.
The lots proposed to be used for construction of a single family
dwelling unit, as indicated on plan submitted, appears to present
no increased ingress problems regarding fire safety.
The location as shown on said plot plan also does not appear to
present any increased fire hazard to adjacent residential structures.
Respectf ly sub itt d "
C � �Ceti`-t
Capt. David J,,- Gogglri
Salem Fire Marshal
cci Salem Board of Appeal
file