7 & 220 & 22 CLARK STREET & BARNES CIRCLE - ZBA 7 Clark St./20,.& 22 Barnes Circle-R-1 �I
Paul -Ferragamo, Tr. C
T
cb
a`
(1Lct ofttlem, � ttssttcljusetts
:,q s $Rnurd of �upeal
FES 8 3 09 Pr'i `9q
CITY
r
'-Is
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FERRAGAMO FAMILY TR.
FOR VARIANCES AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE (R-1)
A hearing on this petition was held December 1, 1993 and continued until
January 19, 1994 with the following Board Members present: Francis X.
Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady.
Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variances to reconfigure
the above three lots in order to create three buildable single family lots
as follows : A variance from lot area from 15,000 sq.ft. to 11,400 sq.ft.
and from lot width from the required 100 feet to 50 feet at 7 Clark St. A
Variance from lot width from 100 feet to 59 feet at 22 Barnes Circle and
from lot width from 100 feet to 66 feet at 20 Barnes Circle.
Before hearing the merits of this petition, the Board of Appeal has to
consider whether or not there is substantial and material change from a
previous petition which was denied by this Board on June 17, 1992. The
Board of Appeal, after hearing the evidence presented, and after receiving
Consent from the City of Salem Planning Board, voted unanimously, 4-0, that
there was substantial change, said change being the addition of land area
from 5000 sq.ft. to 11,400 sq.ft. to 7 Clark St. The Board will hear the
petition.
The Variances which have 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:
DECISION ON THE PETITION OF PAUL FERRAGAMO TR. , FERRAGAMO FAMILY TRUST FOR
VARIANCE AT 7 CLARK ST. , 20 BARNES CIRCLE a 22 BARNES CIRCLE, SALEM
page two
r tB 3
1. The plan submitted to the Board added a substantial amount 'oF land to 7
Clark St. bringing the total land area to 11,40W square .fe'et'as opposed to
the 5,000 square feet originally submitted to the Board. This original
petition was denied by the Board of Appeal.
2. The two remaining lots, 20 Barnes Circle and 22 Barnes Circle will have
the required 15,000 square feet of lot area and the frontage of these lots
will remain as they currently exist.
3. The proposed use, single family house lots, is consistent with the
existing zoning.
4. The existing neighborhood consists mainly of single family homes and a
substantial number of these homes are on lots that are significantly
smaller that the lots proposed by the petitioner.
5. The topography of the land is irregular and such irregularity does not
exist generally in the district.
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. The proposed lots shall be reconfigured in strict accordance with the
plans and dimensions submitted with the original petition dated
September 30, 1993.
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 prior to beginning any construction .
5. Petitioner shall obtain the approval of the City of Salem Planning
Board.
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FOR VARIANCES AT 7 CLARK
ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two pp
6 A pre-blast survey is to be conducted on Barnes Cii&,uBaAAP&i n"
and Clark St. Chi, ,..
Variance Granted
January 19, 1994
Francis X. Grealish, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 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
Titu of ttlem, � ttssttcljusetts
i
ae Pottra ofkv{7P2t1
FEB 8 3 os Ft 19q
Circ
SS
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FERRAGAMO FAMILY TR.
FOR VARIANCES AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE (R-1)
A hearing on this petition was held December 1, 1993 and continued until
January 19, 1994 with the following Board Members present: Francis X.
Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady.
Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variances to reconfigure
the above three lots in order to create three buildable single family lots
as follows: A variance from lot area from 15,000 sq. ft. to 11,400 sq.ft.
and from lot width from the required 100 feet to 50 feet at 7 Clark St. A
Variance from lot width from 100 feet to 59 feet at 22 Barnes Circle and
from lot width from 100 feet to 66 feet at 20 Barnes Circle.
Before hearing the merits of this petition, the Board of Appeal has to
consider whether or not there is substantial and material change from a
previous petition which was denied by this Board on June 17, 1992. The
Board of Appeal, after hearing the evidence presented, and after receiving
Consent from the City of Salem Planning Board, voted unanimously, 4-0, that
there was substantial change, said change being the addition of land area
from 5000 sq.ft. to 11,400 sq.ft. to 7 Clark St. The Board will hear the
petition.
The Variances which have 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:
DECISION ON THE PETITION OF PAUL FERRAGAMO TR. , FERRAGAMO FAMILY TRUST FOR
VARIANCE AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two
FEB 3 09
1. The plan submitted to the Board added a substantial, amount '-64; land to 7
Clark St. bringing the total land area to 11,466 square-:fe'et' as opposed to
the 5,000 square feet originally submitted to the Board. This original
petition was denied by the Board of Appeal.
2. The two remaining lots, 20 Barnes Circle and 22 Barnes Circle will have
the required 15,000 square feet of lot area and the frontage of these lots
will remain as they currently exist.
3. The proposed use, single family house lots, is consistent with the
existing zoning.
4. The existing neighborhood consists mainly of single family homes and a
substantial number of these homes are on lots that are significantly
smaller that the lots proposed by the petitioner.
5. The topography of the land is irregular and such irregularity does not
exist generally in the district.
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. The proposed lots shall be reconfigured in strict accordance with the
plans and dimensions submitted with the original petition dated
September 30, 1993.
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 prior to beginning any construction .
5. Petitioner shall obtain the approval of the City of Salem Planning
Board.
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FOR VARIANCES AT 7 CLARK
ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two [[
6 A pre-blast survey is to be conducted on Barnes CifA,4aAe4P G"
and Clark St. CIT
Variance Granted
January 19, 1994
Francis X. Grealish, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 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
(Gita of "itttem, � ttssttcltusetts
i 9
aQ 'Potts of Av}zenl
FEB os Fr'i T3q
C11V
c _ ass
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FERRAGAMO FAMILY TR.
FOR VARIANCES AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE (R-1)
A hearing on this petition was held December 1, 1993 and continued until
January 19, 1994 with the following Board Members present: Francis X.
Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady.
Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a 'Variances to reconfigure
the above three lots in order to create three buildable single family lots
as follows: A variance from lot area from 15,000 sq.ft. to 11,400 sq. ft.
and from lot width from the required 100 feet to 50 feet at 7 Clark St. A
Variance from lot width from 100 feet to 59 feet at 22 Barnes Circle and
from lot width from 100 feet to 66 feet at 20 Barnes Circle.
Before hearing the merits of this petition, the Board of Appeal has to
consider whether or not there is substantial and material change from a
previous petition which was denied by this Board on June 17, 1992. The
Board of Appeal, after hearing the evidence presented, and after receiving
Consent from the City of Salem Planning Board, voted unanimously, 4-0, that
there was substantial change, said change being the addition of land area
from 5000 sq.ft. to 11,400 sq.ft. to 7 Clark St. The Board will hear the
petition.
The Variances which have 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:
DECISION ON THE PETITION OF PAUL FERRAGAMO TR. , FERRAGAMO FAMILY TRUST FOR
VARIANCE AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two
Eta d 3
1. The plan submitted to the Board added a substantial amount 'oj� land to 7
Clark St. bringing the total land area to 11,40 square feet as opposed to
the 5,000 square feet originally submitted to the Board. This original
petition was denied by the Board of Appeal.
2. The two remaining lots, 20 Barnes Circle and 22 Barnes Circle will have
the required 15,000 square feet of lot area and the frontage of these lots
will remain as they currently exist.
3. The proposed use, single family house lots, is consistent with the
existing zoning.
4. The existing neighborhood consists mainly of single family homes and a
substantial number of these homes are on lots that are significantly
smaller that the lots proposed by the petitioner.
5. The topography of the land is irregular and such irregularity does not
exist generally in the district.
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. The proposed lots shall be reconfigured in strict accordance with the
plans and dimensions submitted with the original petition dated
September 30, 1993.
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 prior to beginning any construction .
5. Petitioner shall obtain the approval of the City of Salem Planning
Board.
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FOR VARIANCES AT 7 CLARK
ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two FF Avpp 5�1
6 A pre-blast survey is to be conducted on Barnes CiAPe,uBaA0 seai
and Clark St. C;T
Variance Granted
January 19, 1994
Francis X. Grealish, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 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
DATE OF 1'.EARIN0 /
�)ETITIGHER
LOCATION
iOTION: 70 GRANT 2=/ SECOND
TO DENY SECOND
10 RE-HEAR SECOND Q
LEAVE T�W _SECOND
'0 E SECOND
POLL CALL PRESENT GRANT DENY WITHDRAWRE-HE �6NT NUE
STEPHEN O'GRAD v
GEORGE A. AHMED i
FRANCIS GREALISH
ILL /
STEPHEN TOUCHETTE
ASSOCIATE 'MEMBERS
NIN CgHE
4RTHURECOUE
CONDITIONS: 0/
jL
� '"V142 -
J
����OWfiq'gQI
(11it-q � �9��zx
of �Iem, ssarhuset#s
g (Office of flie (ERV (Iluuncti
3T ., eg U.itn?dull
S'��G+fINE
January 19 , 1994
Mr. Francis X. Grealish
Board of Appeal
City of Salem
Salem, Mass .
Dear Mr. Grealish:
I cannot be in attendance this evening due to a prior
commitment. I would however like to inform the members of the
Board that I have received several telephone calls from neighbors
of the proposed 7 Clark Street lot reconfiguration who are opposed
to the plan.
It is my hope that the Board of Appeals will pay serious
attention to the concerns of the neighborhood with this matter.
Thank you for your attention.
,,Si ere
C�z,2.- z.�.
JOHN DONAHUE
COUNCILLOR WARD THREE
CITY CITY OF SALEM
B�ARD OF SALEM OF APPEAL
0,, BOARD
F APPEAL 715-9595 Elt 381
Will hold 145-9595 E�t. 38, Will hold alm blic hearing for all Persons inter-
estedi,th a Public h'aringio,all ested in the Petition submitted by PAUL FERRA
epetition Persons inter-
GArtfO1TR.f0rvari submittedhYP GAM09 TR.for variance to allow property locate�
at 7 CLARK S -9nCe to allow AULFERRA- at 7 'CLARK STJ20 BARNES CIRCLE/22 BAR.
T./20 BARNES Cproperty located NES CIRCLE (R-1) to be reconf�jgured to allow
NES CIRCLE (R-i) to be IRCLE/22 BA the three lots to be sold a'sthre elamilylots.
the three lots reconf' R
I IVED sIngle family lots, BERLl993AT6:00pM Y, DECEIVI-
Said h to be sold as three -Igured to allow Slid hearing to be held IVED e S'`DA
earmg to be held 'ES
�ERI11993AT6-00pn.,O NESDAV,DECEM second floor. N LEVI GREEN,
second floor. NE SALEM GREEN,' - .1 NE SA I
FRANCIS X GREALISH, JR,, Chairman
FRANCIS X GREALISH, jR., November 17, 24, 1'
November 17, 24, 163 Chairman 993 SN36334
SN36334
CITY OF' SALEM
BOARD OF APPiAl,
745-9595 Elt. 381
Will hold a Public hearing for all Pers
est,ed in the petiti(m submitt ons inter-
GAMO,TR.for varl. edbYPAULFERRA-
ance to al
at 7 CLARK ST/20 BARNE low property 10cated
N S CIRCLE/22 BAR-
I E S CIRCLE (R-1) to be reconfiguled to allow
S he three lots to be sold as three single family lots.
B aid harmg to be held WEDNESDAY, DECEAj_
ER I'l 993 AT 6:00 P.M.,ONE SALEIVT CREEN,
second floor.
FRANCIS X. GREALISH, JR., Chairman
November 17, 24, 1993
SN36334
"� flit of Iem, 'Massadjusetts
gvara of u}zenl
yy C
February 15, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF February 08, 1994 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF PAUL FERRAGAMO, TRUSTEE FOR A VARIANCES TO ALLOW
7 CLARK ST./20 BARNES CIRCLE AND 22 BARNES CIRCLE TO BE RECONFIGURED
TO ALLOW CREATION OF THREE BUILDABLE SINGLE FAMILY LOTS.
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
9 C
Mire Salem OrPEn
January 7 , 1994
Frank Grealish
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 7 CLARK STREET
Dear Mr . Grealish:
On January 6, 1994, ' in accordance with Massachusetts General
Law Chapter 40A, Section 16, the Salem Planning Board met to
discuss the application of Paul Ferragamo for a "Determination of
Specific and Material Change" to his plans for 7 Clark Street which
was denied by the Board of Appeal on June 17, 1992 .
Mr . Ferragamo' s amended plan increases the size the lot
located at 7 Clark Street from 5,000 square feet to 11, 400 square
feet .
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2) years of unfavorable action
by the Board of Appeal, the Planning Board voted unanimously that
"Specific and Material Changes" have been made to the petition
which was denied by the Board of Appeal .
Sincerely,
W at-AA /3
Walter B. Power , III
Chairman
EX\DH\SMC7CLRK
Ctu of "inlr t, f ossar4usei#s
A
Mue �$ fem (>6reen
January 7, 1994
Frank Grealish
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 7 CLARK STREET
Dear Mr . Grealish:
On January 6, 1994, in accordance with Massachusetts General
Law Chapter 40A, Section 16, the Salem Planning Board met to
discuss the application of Paul Ferragamo for a "Determination of
Specific and Material Change" to his plans for 7 Clark Street which
was denied by the Board of Appeal on June 17 , 1992 .
Mr . Ferragamo' s amended plan increases the size the lot
located at 7 Clark Street from 5,000 square feet to 11,400 square
feet.
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2) years of unfavorable action
by the Board of Appeal, the Planning Board voted unanimously that
"Specific and Material Changes" have been made to the petition
which was denied by the Board of Appeal.
Sincerely,
W CLQ /3 -pdw-"A 1 Cjk
Walter B. Power , III
Chairman
EX\DH\SMC7CLRK
Coity of �5,ttlem, gassar4usetts
3 ,
January 7, 1994
Frank Grealish
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 7 CLARK STREET
Dear Mr . Grealish:
On January 6 , 1994 , in accordance with Massachusetts General
Law Chapter 40A, Section 16, the Salem Planning Board met to
discuss the application of Paul Ferragamo for a "Determination of
Specific and Material Change" to his plans for 7 Clark Street which
was denied by the Board of Appeal on June 17, 1992 .
Mr . Ferragamo' s amended plan increases the size the lot
located at 7 Clark Street from 5 ,000 square feet to 11, 400 square
feet.
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2) years of unfavorable action
by the Board of Appeal, the Planning Board voted unanimously that
"Specific and Material Changes" have been made to the petition
which was denied by the Board of Appeal.
Sincerely,
Wa wtc /3 -AVILIL%,
Walter B. Power , III
Chairman
EX\DH\SMC7CLRK
��t,cowira'iQ
_ (11T##? IIIenT, rR�tt�sttchuse##s
q yam. (19r f£ice of t1je CHC Touncif
9�i '•.. ? .'f '� hlitn?�Issll
G�»
Januar 1
January 9 , 1994
Mr. Francis X. Grealish
Board of Appeal
City of Salem
Salem, Mass .
Dear Mr. Grealish:
I cannot be in attendance this evening due to a prior
commitment. I would however like to inform the members of the
Board that I have received several telephone calls from neighbors
of the proposed 7 Clark Street lot reconfiguration who are opposed
to the plan.
It is my hope that the Board of Appeals will pay serious
attention to the concerns of the neighborhood with this matter.
Thank you for your attention.
SVere
JUE
COUNCILLOR WARD THREE
V
of �$Mfem, fflassar4usdts
eye _ _ b gyp} M�y ♦y� y yNy
2 a A'J�0.414114µ� �YN4�
Mm Salem (f)Trrtt
January 7 , 1994
Frank Grealish
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 7 CLARK STREET
Dear Mr . Grealish:
On January 6, 1994 , in accordance with Massachusetts General
Law Chapter 40A, Section 16, the Salem Planning Board met to
discuss the application of Paul Ferragamo for a "Determination of
Specific and Material Change" to his plans for 7 Clark Street which
was denied by the Board of Appeal on June 17 , 1992 .
Mr . Ferragamo' s amended plan increases the size the lot
located at 7 Clark Street from 5 , 000 square feet to 11 , 400 square
feet .
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2) years of unfavorable action
by the Board of Appeal, the Planning Board voted unanimously that
"Specific and Material Changes" have been made to the petition
which was denied by the Board of Appeal .
Sincerely,
W /3 -
Walter B. Power , III
Chairman
EX\DH\SMC7CLRK
APPEAL CASE NO. . . . . . . . . .. .. .. .. . . . . . ..
E fc IIf Uirm. assarfnzsEffs
TO THE BOARD OF APPEALS:
`he undersigned reoresent that ::e _ are ^.e owners of a certain earcei of land locatec
c f10. . .7. .C1arh .St.., .22. A .20. aarnes. .Circle. . . . . . . . . . . . . .=treet: C;,mna DistrictR-L . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said earcei ' s affectea by Sec n ontsj . . . . . . . . . . . . . . . .
of the Massacnusetts State Building Code.
Plans cescribing the work proposed, have peen submitt__ea to the Inspector of Buildings in
accoroance with Section IX A. 1 of the Zoning Ordinance.
m
-v
G
Ln
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See attached Statement In Support of Petition
For Variances
cn ri
I-: a' Paul Ferragamo, Trustee of
Owner. . . .T11A F(pXxagamo .Family,
cs Address. � 11ighland Ay ,., MA
Telephone. ( 5,08), 7,45-09869
;J PetiticnerPaul Ferragamo
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . , 41,9 .Highland Ave. : Salem: MA
Date. .September . 29.,. .1993 ( 508 ) 745-0869
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By William� H. �eellan IYi
Attorney for Paul Ferragamo
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.
STATEMENT IN SUPPORT OF PETITION FOR VARIANCES
PROPERTY ADDRESSES: 7 Clark Street
Barnes Circle and
Barnes Circle, Salem, Massachusetts
OWNER/PETITIONER: Paul Ferragamo, Trustee of the
Ferragamo Family Trust
ASSESSOR'S MAP: 3
LOT NOS . : 79 , 88 , 89
DEED REFERENCES: Commonwealth of Massachusetts Land
Court , Essex South Registry of Deeds,
Southern District, Salem,
Massachusetts , Certificate No. 49669 ,
Registration Book 226 , Page 49669
( lot 79 ) , Commonwealth of
Massachusetts Land Court, Essex South
Registry of Deeds , Southern District,
Salem, Massachusetts , Certificate No.
49670 , Registration Book 226 , page
49670 ( lot 88 ) , Commonwealth of
Massachusetts , Essex Registry of
Deeds , Southern District, Salem,
Massachusetts , Book 6671 , Page 481
( lot 89 ) .
The Petitioner respectfully requests the variances
necessary in order to sell the property known as 7 Clark
Street, 22 Barnes Circle and 20 Barnes Circle as three single
family lots . The present configuration of the property is
depicted on the Citv of Salem Assessor' s Map 3 as lots 79 , 88
and 89 . A copy of said plan is attached hereto as Exhibit
"A" . At present the property known as 7 Clark Street which
is depicted as lot 79 on Exhibit A has an area of 5 , 000
square feet and a width of 50 feet . The property known as 22
Barnes Circle which is depicted as lot 88 on Exhibit A has an
area of 21, 926 square feet and width of 59 feet . The
property known as 20 Barnes Circle which is depicted as lot
89 on Exhibit A has an area of 14 , 669 square feet and width
of 66 feet .
The proposed reconfiguration of the property is
depicted .on a plan of land attached hereto as Exhibit "B" .
The reconfiguration increases lot area of 7 Clark Street from
5 , 000 square feet to 11,400 square feet decreases the area of
22 Barnes Circle from 21, 926 square feet to 15 , 000 square
feet and increases the area of 20 Barnes Circle from 14 , 669
square feet to 15 ,000 square feet .
In order to create the reconfigured lots the
petitioner requires the following variances from the
requirements of Section VI , Table 1 of the City of Salem
Zoning Ordinance as follows :
1 . 7 Clark Street, Salem, MA. (City of Salem
Assessor' s Map 3 , lot 79 )
Lot area: 11 , 400 square feet from 15 , 000 square feet
Lot width: 50 feet from 100 feet
2 . 22 Barnes Circle, Salem, MA. (City of Salem
Assessor' s Map 3 , lot 88 )
Lot width: 59 feet from 100 feet
3 . 20 Barnes Circle, Salem, MA. (City of Salem
Assessor ' s Map 3 , lot 89 )
Lot width: 66 feet from 100 feet .
2 -
Petitioner requests that the variances requested be
granted upon a finding by the board that special conditions
and circumstances exist which especially effect the parcel of
land depicted by the plan of land marked as Exhibit B in that
the topography of the land is irregular and such irregularity
does not exist generally in this zoning district .
Furthermore, that enforcement of the provisions of the
ordinance would involve substantial hardship to petitioner
because the land will not be developed for a use that is
reasonable and consistent with the character of the
neighborhood and that the desired variances may be granted
without detriment to the public good and without nullifying
or derogating from the intent of the zoning-by-law because
the proposed use, single family house lots, is consistent
with the existing zoning scheme .
The neighborhood in which the subject property lies
consists mainly of single-family homes , a substantial number
of which are on lots significantly smaller in size than those
depicted by Exhibit B. The public good will be served by the
construction of additional single family homes in this
neighborhood as it will make productive use of what is
presently vacant land and will serve to further stabilize the
character of the area . The present ordinance permits the
- 3 -
proposed use; granting this petition will neither derogate
from the existing ordinance nor be harmful to the public good.
Therefore, Petitioner requests that the variances be
granted so he may usefully develop this property.
Respectfully submitted,
Paul Ferragamo, Trustee of
the Ferragamo Family Trust,
By his Attorney,
William H. Sfie6Wn III
BBO#: 457060
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: ( 508 ) 531-1710
Fax No: ( 508 ) 531-4895
Dated: September 29 , 1993
4 -
z
_OT 75 LOT 89 (Tl
AREA = �-n
15 , 000 S . F .
i
LOT 88
AREA =
15 , 000 S . F .
LOT 76 LOT 87
LOT 79
AREA =
117400 S . F .
LOT 77
b C�
LOT 78 LOT 80
OWNER OF RECORD: PAUI
ASS
LOT
CLARK STREET
ZONING DISTRICT R-1
RESIDENTIAL
REOUIRED LOT 79 I
LOT AREA 15,000 S.F. 11,+00 S.F. 15
LUT WIDTH 100 FT. 50 FT.
FRONT ARD 5 FT, 15 FT.
SIDE YARD 10 F T 10 FT.
REAR ARD 30 FT. 30 FT.
of
+ PLAN OF LAND
LaMONIter. `u
No.UM SALEM , MASSACH
t� PREPARED FOR
PAUL FERRAGAMC
MINUTES - NNE 3, 1992
page ten
7 CLARK ST. - PAUL FERRAGAMO
This request for Variances from frontage, and lot size to allow
construction of a single family dwelling was denied originally in 1987, it
was denied again in 1989, this denial was appealed in court and has
subsequently been remanded back to this Board. The property is located in
an R-1 district. Mr. Grealish read the original application. Mr. Bencal:
we will be treating this as a new case. Attorney Matthew Kavanaugh,
Peabody represented Mr. Ferragamo. When this petition was first present we
were not representing Mr. Ferragamo. I took the opportunity to prepare a
statement in support of the petition which will give the Board a little
more information as far as Mr. Bencal interrupted Mr. Ferragamo at that
point and explained that except for two members there was a brand new
Board. It is a new petition and you have gentlemen here who are not
familiar with this so we are treating it as a new case, I think, if you
could present it as a new case. Mr. Kavanaugh submitted copies of his
statement to the Board, attached to this statement is a plan "Exhibit A"
showing the lot and the proposed dwelling, "Exhibit B" a list of the
variances requested. The land is registered land, established back in 1921
and attached as "Exhibit C" is the original plan that shows it as lot 104,
that lot still exists , same size also have as "Exhibit B" a copy of today's
Assessor's Map. The neighborhood is mainly single family homes and the
lots at least on the northerly side are all the same size. As far as
hardship, if variance is not granted this land could not be used as single
family in an R-1 zone. Mr. Ferragamo lives in the neighborhood. This will
be in harmony with the neighborhood. We have a lot that is in an R-1 zone
and without variances it cannot be used for single family, cannot be used
for anything that would be consistent with the neighborhood. Mr. Bencal:
Did Mr. Ferragamo, the owner of the property, which is Hammond Family
Trust, did they at anytime own lot 78? Mr. Kavanaugh: yes: Mr. Ferragamo
did own lot 78. Mr. Bencal: is that owned by Mr. Ferragamo as trustee for
this trust? Mr. Kavanaugh: I believe that was owned by Mr. Ferragamo as
trustee of Ferragamo family trust, I could check the deed. Mr. Bencal: is
Hammond Family Trust a successor to the Ferragamo trust? Mr. Kavanaugh: a
successor in interest? I believe the title of lot 79 was Hammond Family
Trust and 78 was Ferragamo Family Trust and I believe the lots were
purchased by Mr. Ferragamo as Trustee at approximately the same time. Some
were taken as by the Ferragamo Family Trust and some were taken as the
Hammond Family Trust. Mr. Bencal: did Mr. Ferragamo come into the Board
and ask the Board to get variance for lot 78 to allow it to be built. Mr.
Kavanaugh: yes, I believe he did, I did not represent him in that action,
I believe he did receive variance to construct a single family on lot 78.
Mr. Bencal: so, what he did was take, what, under merger would be a 10,000
sq.ft. lot and created two 5,000 sq.ft. lots and now has created his own
hardship. Mir. Kavanaugh: I have had many discussions with Attorney
Femino, we have written back and forth, have many cases to support our
position that we are entitled to grand- father protection for lot 79, we
have agreed to disagree on that point. <o one appeared in favor or in
opposition. Hearing closed.
MINUTES - JUNE 3, 1992
page eleven
7 CLARK STREET - CONTINUED
Mr. Grealish: would you refresh my memory on the grandfathering. Mr.
Kavanaugh: the grandfather, the argument basically is, these lots were
created prior to 1965, they were not held in common ownership at the time
the zoning ordinance was adopted, 1965, they always had separate deeds,
never part of the same deed. They did subsequently come into common
ownership under the name of Hammond, but it was by separate deed. We say
that because they were separate at the time of zoning, we contend they are
grandfathered. I do want to make it clear that Mr. Femino disagrees with
our position. Mr. Febonio: the letter of the law is one thing but in good
faith it some how becomes a scheme. You chopped it up, that's the sticky
point, respectfully, and I can' t say it any simpler, he was playing the
edge. Mr. Grealish made a motion to grant the petition on condition
petitioner comply with all city and state code, regulations, ordinances and
statutes, all construction be as per plans and dimensions submitted and
with legal building permit, all requirements of the Salem Fire Dept.
relative to smoke and fire safety be strictly adhered to, a certificate of
occupancy be obtained and property number be obtained from the City of
Salem Assessor. Mr. Luzinski seconded. Voting in favor of the motion to
grant was Mr. Febonio, Mr. Grealish and Mr. Touchette. Voting in
opposition to the motion was Mr.Bencal and Mr. Luzinski. The motion to
grant, having failed to garner the required four affirmative votes fails
and the petitioners request for Variances is denied by a 3-2 vote.
DENIED
Minutes of the Board of Appeal meeting of May 20, 1992 unanimously
approved.
Meeting adjourned at 9 :30 p.m. , next scheduled hearing to be held June 24,
1992, the meeting in July will be held July 22, 1992, on the second floor
of One Salem Green.
Respectfully submitted,
Brenda M. Sumrall
Clerk of the Board
(gitu of -'-5ttlem, '� Httssttcllusetts
3aQ`�" 9 �nard of ,c�u}�eal
MINUTES OF THE BOARD OF APPEAL MEETING - MAY 20 1992
A meeting of the Salem Board of Appeal was held Wednesday, May 20, 1992 at
7:00 p.m. , second floor of One Salem Green. Notices of the hearing were
duly advertised in the Salem Evening News on May 6 and May 13, 1992.
Abutters and other interested persons were notified by mail.
Present at the hearing were Board Members Bencal, Febonio, Grealish,
Luzinski, Touchette and Associate Member Plante. Also present at the
meeting was the Assistant Building Inspector, D. Harris. The Clerk of the
Board was not present due to an injury.
The meeting was called to order at 7 :00 p.m. by the Chairman, Richard A.
Bencal. Mr. Bencal: before we go to item one there are two pieces of
business I would like to get out of the way. I would like to ask the
Members of the Board and the audience to stand for a moment of silence,
number one for deceased Building Inspector Bill Munroe and secondly, it was
just brought to my attention that one of our Board Members, Arthur
Labrecque 's wife passed away recently, unbeknownst to most of us. Please
stand, we would appreciate it. Thank you.
The first item of business is the election of officers. Nominations for
Chairman? Mr. Luzinski nominated Mr. Bencal, Mr. Febonio seconded. Mr.
Febonio moved to close nominations. Nominations unanimously closed. Mr.
Bencal was unanimously elected Chairman.
Mr. Luzinski nominated Richard Febonio for Vice Chairman, Mr. Grealish
seconded. Mr. Luzinski moved to close nominations, seconded by Mr.
Grealish, unanimous. Mr. Febonio elected Vice Chairman unanimously
Mr. Luzinski nominated Mr. Grealish for Board Secretary. Mr. Touchette
seconded. Mr. Luzinski moved to close nominations, seconded by Mr.
Febonio, unanimously closed. Mr. Grealish unanimously elected secretary.
Mr. Bencal: at this point in time I would appoint Mr. Plante a voting
member.
7 CLARK ST. - ?AUL FERRAGAMO
This is a remanded petition regarding Variances from frontage and lot size
to allow construction of a single family dwelling in this R-1 district.
Mr. Bencai: this petition will not be heard this evening due to the
petitioners noncompliance with conditions set forth by the Board of Appeal
relative to advertising. The petition will be heard June 3, 1992 . 1 will
except a motion at this time for a continuance. '?r. Grealish made a motion
MINUTES - MAY 20, 1992
page two
7 CLARK ST. - CONTINUED
to continue this petition until June 3, 1992. Mr. Febonio seconded. Mr.
Bencai : under discussion I will only make note that under the agreement
this Board made with Mr. Ferragamo and his attorney that they bear all
advertising costs. They chose not to and chose to cite a law that they
felt would relieve them of that act. In fact, the agreement was made
legally & binding. On the motion to continue I will call the roll.
UNANIMOUSLY CONTINUED UNTIL JUNE 3, 1992
8 MADELINE AVE. - RITA AND ANN MANOOGIAN
Petitioners are requesting Variance to convert a single family dwelling
into a two family dwelling in this R-1 district. Mr. Grealish read the
application, there was no correspondence. Ms. Rita Manoogian represented
herself. We own a single family home and want to raise the roof of the
house, Ann and I do. I live alone and she wants to move back in and have
her own apartment. It's really an inlaw apartment, one of the egress is
going to come right into my apartment. I have a problem sleeping at night
being all by myself and Ann has a problem worrying about me when she moved
out. '.:e are trying to help each other. She submitted a petition in favor
signed by 20 persons in the area. Mr. Bencal explained the criteria for
proving hardship. Ms. Manoogian did not understand. Mr. Bencal read from
the Ordinance the section pertaining to hardship. Mr. Bencal: you must
meet all three criteria. Have you consulted with anyone on this? Ms.
Manoogian: No. When we decided to do this we did not realize all this was
going to happen. Mr. Bencal: unfortunately there are a lot of people who
do that and the onus has been put on this Board to attempt to extract
exactly what they are looking for and that is not what we are supposed to
be doing. Ms. Manoogian: I don' t understand about the land. Mr. Febonio:
would it be advisable to have her withdraw and give her a better chance to
present her petition at a later date, get her facts and figures together, I
don' t think she understood what she had to do or what was necessary and may
with this it would give her a better understanding and come in better
prepared. Mr. Bencal: Mr. Febonio has suggested that perhaps you would
like to withdraw this. _f the Board were to deny this you would not be
able to come back for two vears. '?s. Manoogian: I see, so it would be
better to withdraw without prejudice. Mr. Bencal: that would give you the
opportunity to seek counsel to try to address these items. Councillor
O'Leary: would it be possible to continue this . Mr. Bencal: we have nine
items on the next meeting Mr. O'Leary. '?r. O'Leary: these people did not
confide in an attorney, Wavbe they didn' t need one, I 'm not sure if they
need a variance. '^.r. Bencal: they do need a variance. Mr. O'Leary: For
an inlaw apartment? Mr. Bencal: there is no such thing as an inlaw
apartment. Mr. O'Leary: Okay, this Board in it's wisdom granted one on
Barceiona Ave. just a few years ago, they granted it with condition that
if the mother moved or married and left the child there they would turn it
back to a single family home and they did that. :t worked out fine. Maybe
you can give them the same opportunity. 7:r. 2encai asked Mr. Harris how
many petitions were pending for the last meeting in June. Mr. Harris:
there ' s about four. '^.r. Bencal: if we continued it would probably not be
until .;uly. Would that be all right? vr. O'Leary: think that would be
f1GItu of �calcilI, c IIS42IC�j1ISrttS JUN
-Baura of Au eal 3 e? P/f
c , P CjrYofSq 91
CfRK,SCFF/fcSs
REMANDED
DECISION ON THE PETITION OF PAUL FERRAGAMO FOR A VARIANCE AT 7 CLARK
STREET (R-1)
A hearing on this petition was held June 3, 1992 with the following
Board Members present: Richard Bencai, Chairman; Richard Febonio,
Francis Grealish, Edward Luzinski and Stephen Toucette. Notice of the
hearing was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting Variances to allow the construction of a
single family home in this R-1 district. This petition was denied by
the Board of Appeal on March 18, 1987 and again on July 5 , 1989 . The
latter denial was appealed and subsequently remanded back to the Board
by the Court.
The Variance which has been requested may be granted upon a finding of
the Board that:
a. Special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1 . The petitioner failed demonstrate or to meet the burden of proof
relative to legal hardship.
it p /l
PTTION OF PAUL
ERRAG
FORIAIVARIIANCEEATE
7ICLARK STREET,FSALEM�10 Circ O3 02
F S
page two 1
C��RKS OFF/�E ss
On the basis of the above findings of fact, and on the evidence
presented at the hearing, the Board of Appeal concludes as follows :
I. Special conditions do not exist which especially affect the subject
property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
not involve substantial hardship to the petitioner.
3 . The relief requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted three (3) in favor two ( 2)
opposed to the motion to grant, having failed to garner the required
four affirmative votes to pass, the motion is defeated and the petition
is denied.
VARIANCE DENIED
June 3 1992 -��
�)6Z,4t
Francis X. Grealish, Jr. , Secretary
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 MCL 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 }LAVE PASSED AND NO APPEAL
HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT ITK 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
A TAE COPY�U
�nx
SALEM, MASS.
M AUC �'�
� l 121
�lJ.[ttJ llf ��IILItI� �.�IiISSiIClillfiCftS
`1 y;l ILC
�3aurb of AupFul f
DECISION ON THE PETITION CF :'AUL =1 VARLAIICEZ
AT 7 CLARK CTREET ( R-1 )
hearing on this petition ',:as field July 1189 sjith .he 1C11o:juir_ P.oard Ilember�
present; James Fleminc, _.:airman: Iessrc. , 3encai . :ebonto. Lucinski and Ilutttt
Notia2 of the hearinf; was c"nt Lo ❑uUCter•; r.':rnd ottler'C allU I'.he heat'inC
were 'properly published in L!ie lalem Evening fleas in ;rc-- Jancc arith hlassachusect
General Laws Chapter 40A.
Petitioner is requesting ':'ariances from Crontnce and tut .;ice to allow construct:
of a single family dweilinc to this R-1 district.
The Variances which have been requested may be [;ranted upon n finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are riot generally
affecting other Ends, buildings or structures in the came district;
b. literal enforcement of the provisions of the Toning Ordinance would in
volve substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying, or substantially derogating from th
intent of the district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at t
hearing, and after viewing tho plans, ::iakes the Iellow>nr, t'indint;s of fact:
1 . Opposition was voiced by the abutters;
2. A concern regarding blasting on the site was noted;
3 . The traffic problems would be increased b_; the building;
4 . Further development; of the neighborhood would be detrimental.
On the basis of the above findings of fact . and on rile evidence presented at tt
hearing the Board of Appe_i concludes is follows:
1 . Special cenditicn..s and circumstances do not exist which especially
affect the subject property and not the district generally;
2. Literal enforcement of the provisions of the Ordinance would not invol
substantial hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment t
the public good or .:ithout nullifyinr or substantially derogating fro
the intent of the district or the purpose of the Ordinance.
// /7 i/
DECISION ON THE PETITION OF PAUL FaRRAGACIO FOR A VARIANCE
AT 7 CLARK ST. , SALEM
Therefore, the Zoning Ecarc e[ Aooeai voted unanimousi',, S against grantimr_
the Variances requested. Tile 'Variances are, therefore, denied . Jue to the faiiu
of the petitioner to obtain the required four ( 4 ) affirmative Notes.
VARIANCES DENIED
�,Talnes 11. e ieming, Ssq . , -ila,y'man
A COPY OF THIS DECISION IIAS CEEH FiLLD UIT11 'CITE PLAHHIWI 12UAIiD i111D 'CITE (:ItY CLLR
Se�Gon 17 of
) ill be r"j, Pursum,l to days
relon, II ❑nV• 5 ,, Ilap be Idad wdlnn ZO
nPPCJ1 Isom this dcc r 3Ud. ynl 5 file Clt'7 Clrrk.
,nl tolls. 1'.h-ul^ tile ulllc'- at
the Mas;. OCnc �y-gin u' t t the pan;mcc
I lainr ul 1h15 .i"C 1 9 r,,,•.. .
oiler Il of tial'. u �. •. ,. l.r.t cord a r..l•y of d10
fll1:: ('y:arl a', 1.1 ..1 nC! t C,c rl,Vt havC
PUI`-u`nl .n. ClC11, JI'M 2U
roof Il lh^ I•''-1 :Ills hC"n
of jl%ec,u the c.•ruDr JIIGI n' h 'IUP,•.II
n1"1. or 111"1. I sue In t", 3nulh C'." •�
decrswP, be.v v eel 1,.,5 uean i1em"o Is recorded
end no aPP or . u.vner of record or
CIJpSCd Len d15n u55ed Inc li,r• n.IluC or II I
bled.
that It has U un'- IWC.
ReB of Us'�-Is ,`nd onetnc ow ucrs C^-r hllcule of
sit note)
is recorded and OUAIZU OF APPEAL'
A TRUE COPY_ ATTEST,
CITY CLERK
SALEM, MASS.
l f•"�Y
lCbT1�1 of c caf erll' c7ass22c4uePffs
` s C DttrII a2 ���P221
'87 MV 31 P3 :10
DECISION ON THE PETITION OF DAVID FERRAGAMO ( PETITIONER) , FERRAGAMO
FAMILY TRUST (OWNERS) FOR VARIANCE AT 7 CLARK STREET CITY '_ =
_ 55 r:MCE
�t
A hearing on this petition was held March 12, 1987 with the fOinbiring Board
Members present: Edward Luzinski, Vice Chairman; Messrs. , Bencal, Fleming, Stro
and Associate Member Dore. Notice of the hearing was sent to abutters and other
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting variances from frontage, lot size and area per dwelling
unit to allow construction of a single family dwelling in this R-1 district. Sa
property is owned by the Ferragamo Family Trust.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at thi
hearing, and after viewing the plans, makes the following findings of fact:
1 . Opposition was voiced by the abutters;
2. A concern regarding blasting on the site was noted;
3. The traffic problems would be increased by the building;
4 . Further development of the neighborhood would be detrimental.
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 and circumstances do not exist which especially
affect the subject property and not the district generally;
2. Literal enforcement of the provisions of the Ordinance would not involvc
substantial hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment Eo
the public good or without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF DAVID FERRAGAMO ( PETITIONER) , FERRAGAMO
FAMILY TRUST (OWNER) FOR VARIANCE FOR 7 CLARK ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 1-0, against granting
the Variances requested.
VARIANCES DENIED.
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLER)
APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SEMJN 17 OF THE KISS.
GENERAL LAWS. CHAPTER 808. AND SHALL Sc FEED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSA:iT TO "tS. GENERh;. LA'..5. CHP.PTTR 898. SECTION 11. THE VARIANCE OR SPECIAL PER'.:IT
GRANTED HEREIN. SHALL NOT T.UIE EFFECT UNTIL A COPY OF +HEN,CAF7EAL HAS BEENHFILEDT
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS':ISSED OR GrNIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
r
PEARL. McNIFF, CREAN. COOK & SHEEHAN
ATTORNEYS AT LAW
30 MAIN STREET
JOHN M.CREAN PEABODY.MASSACHUSETTS 019605552 MATTHEW J.KAVANAGH
OLIVER T.COOK MICHAEL 5. HOULDEN
WILLIAM HSHEEHAN 111 PEABODY 15081 531 17 10 LAWRENCE J.O'K EEFE
.
THOMAS C. REGAN.PC BOSTON 18171289-3456
.MICHAEL L$MERG ZYN SKI,PC FAX 15081 531-4895
SAMUEL PEARL,OF COUNSEL
JOHN A.MCNIFF Ov COUNSEL
ARTHUR J.FRAWLEY.JR..OF COUNSEL
July 2 , 1992
Richard A. Bencal Stephen Touchette
19 Goodell Street 452 Loring Avenue
Salem, MA 01970 Salem, MA 01970
CM# P 828 820 001 CM# P 828 820 004
Richard T. Febonio Francis Grealish
4 Arnold Drive 8A Cleveland Road Extension
Salem, MA 01970 Salem, MA 01970
CM# P 828 820 002 CM# P 828 820 005
Edward Luzinski
24 Hardy Street
Salem, MA 01970
CM# P 828 820 003
Gentlemen:
Please take notice that Paul Ferragamo, trustee of the
Ferragamo Family Trust has filed in Essex Superior Court an
appeal from the June 3 , 1992 decision of the Poard of Appeal of
Salem denying his application for a variance .
A copy of the complaint filed in Superior Court and a
copy of notice filed with the City Clerk is enclosed.
Very tr ly yours
William H. Sheehan III
WHS:ms
Enclosures
Certified Mail/RRR
PEA12L, 1IcNIFF, Cl2EAN, COOK & SlIEEIIAN
ATTORNEYS AT LAW
30 MAIN STREET
JOHN M.CREAN PEABODY.MASSACHUSETTS 019605552 MATTHEW J. KAVANAGH
OLIVER T.COOK MICHAEL S. HOULOEN
WILLIAM H.SHEEHAN III PEABOOY(5081531 1710
LAWRENCE J.0 KEEFE
THOMAS C.REGA N.PC
BOSTON r61 T 2893456
.
MICHAEL T.SMERC ZYNSKI,PC FAX r5O815314895
SAMUEL PEARL OF COUNSEL
JOHN A.MCNIFF.OF COUNSEL
ARTHUR J.FRAWLEY.JR..OF COUNSEL
July 2 , 1992
Ms . Josephine Fusco
Salem City Hall
City Clerk' s Office
93 Washington St .
Salem, MA 01970
Re: Paul Ferragamo, Trustee of the Ferragamo Family Trust
Vs : Richard Bencal , et als
Dear Ms . Fusco:
You are hereby notified, pursuant to M.G. L. c . 40A, 517 ,
that an action has been filed in the Essex Superior Court
appealing from the denial of a variance by the Board of Appeal
of the City of Salem sought by the plaintiff Paul Ferragamo,
Trustee of the Ferragamo Family Trust , for their property at 7
Clark Street, Salem, Massachusetts . A copy of the complaint is
attached to this notice .
Very truly yours ,
Ix
William H. Sheeha III
Enclosure
WHS :aml
COMMONWEALTH OF I.ASSACHUSETTS
Essex, ss . Superior Court Department
Civil Action No . 40—;P--# 2
PAUL FERRAGAMO, TRUSTEE )
OF THE FERRAGAMO FAMILY )
TRUST, )
PLAINTIFF )
VS. )
RICHARD BENCAL, ET ALS )
AS THEY ARE MEMBERS OF )
THE SALEM BOARD OF )
APPEAL, )
DEFENDANTS )
COMPLAINT AND JURY DEMAND
Now comes the plaintiff Paul Ferragamo , Trustee of the
Ferragamo Family Trust, and complains and says as follows :
COUNT I
(APPEAL FROM DENIAL OF VARIANCE, G.L. , c . 40A, SECTION 17)
1 . The plaintiff Paul Ferragamo resides at 419
Highland Avenue, Salem, Massachusetts .
2 . The defendant Salem Board of Appeal ( hereafter
"Board" ) was . at all times material hereto , comprised of the
following individuals :
Richard Bencal , 19 Goodell Street, Salem, MA
Richard Febonio, 4 Arnold Drive, Salem, MA
Francis Grealish, 9A Cleveland Road Extension, Salem, MA
Edward Luzinski , 24 Hardv Street , Salem, MA
Stephen Touchette , 452 Loring Avenue , Salem, f•1A
3 . The plaintiff is the owner of real estate located
at 7 Clark Street , Salem, Massachusetts ( hereafter "the
premises " ) , and is a party aggrieved within the meaning of
G.L. , c . 40A, Section 17 , by the decision of the Board dated
June 3 , 1992 , and filed with the Salem City Clerk on June 17 ,
1992 , a certified copy of which decision is attached hereto
and marked "A" , denying the plaintiff ' s application for a
variance to construct a single-family home on the premises .
4 . On or about May 22 , 1989 , the plaintiff filed an
application for a variance from the lot area and frontage
requirements of the Salem Zoning Ordinance so as to permit the
plaintiff to construct a single-family home on the premises .
The variance sought was necessary because the City of Salem
maintained that lot was undersized .
5 . The Board conducted an initial hearing of said
application on July 5 , 1989 , and voted to deny the request for
variance, which decision was filed with the City Clerk as
aforesaid, a copy of which decision is attached hereto and
marked "B" .
6 . An appeal from the denia' of plaintiff ' s request
for variance was filed with this court on or about September
12 , 1989 . On or about April 15 , 1992 , the parties agreed to
annul the decision of the Board of Appeal and to remand the
application for variance to the Board for further proceedings
without the necessity of bringing a new application. A copy
of the Agreement for Judgment is attached hereto , incorporated
herein and marked 'C " .
7 . The Board conducted a subsequent hearing of said
application on June 3 , 1992 , and voted to deny the request for
-2-
variance , which decision was filed with the City Clerk as
aforesaid.
8 . The Board' s denial on June 3 , 1992 , of the
plaintiff ' s application for variance exceeded the Board' s
authority and was arbitrary, capricious and without support in
law or fact in that the plaintiff established that due to the
shape, size and topography of his land, the plaintiff , without
the requested variance, would be unable to construct a
single-family home or any other improvement on the premises ,
thus incurring great economic waste and hardship and that said
variance application was no different from many identical and
similar applications in the same and surrounding neighborhoods
which have been granted by the Board and the plaintiff ' s
application could have been granted without any detriment to
the public good and without in any way nullifying or
derogating from the intent and purpose of the zoning by-law.
9 . The Board based its decision on factors which are
totally irrelevant and immaterial to the statutory issues
involved in a variance application; the decision is
unsupported by evidence presented at the hearing; thus , the
Board ' s decision is contrary to law, in excess of its
authority, arbitrary and capricious .
10 . The Board',s denial , premised as it is on
irrelevant: and immaterial matters , is in excess of its
authority because the Board failed to exercise in accordance
with law the discretion granted to it by G . L. , c . 40A and the
-3-
Salem Zoning Ordinance .
WHEREFORE , the plaintiff demands the following relief :
1 . That the decision of the defendant Board of Appeal
be annulled;
2 . That this Court enter an order directing the
defendant Board of Appeal to issue the requested variance to
the plaintiff;
3 . That the plaintiff be granted the costs of this
appeal because the defendant Board of Appeal acted with gross
negligence, in bad faith , or with malice in denying the
plaintiff ' s request for variance ; and
4 . In the alternative, that this matter be remanded to
the Board of Appeal so that it can exercise the discretion
granted to the Board by M.G.L.. , c . 40A.
5 . For such other relief as this Court may deem meet
and just .
COUNT II
(DAMAGES AND LAND 'PARING)
11 . The plaintiff repeats and realleges and
incorporates herein by reference the allegations of Paragraphs
1 through 10 of the Complaint .
12 . The defendant City of Salem is a municipal
corporation with a usual place of business at 93 Washington
Street, Salem, Massachusetts .
13 . The premises at 7 Clark Road , Salem, Massachusetts
are legally described as follows :
-4-
That certain parcel of land situate in Salem, in the
County of Essex and said Commonwealth of Massachusetts ,
bounded and described as follows :
SOUTHERLY by Clark Street , Eifty ( 50 ) feet ;
EASTERLY by lot 105 , as shown on plan hereinafter mentioned
one hundred ( 100 ) feet;
NORTHERLY by lots 229 and 230 , as shown on said plan, fifty
( 50 ) feet; and
WESTERLY by lot 103 , as shown on said plan, one hundred
( 100 ) feet .
All of said boundaries are determined by the Court to
be located as shown upon plan numbered 7159-8, drawn by
Eastman & Bradford, Civil Engineers , dated May 1 , 1918 , as
modified and approved by the Court , filed in the Land
Registration Office, a copy of a portion of which is filed
with Certificate of Title #3862 in said registry, and the
above described land is shown as lot #104 , sheet 2 , on last
mentioned plan.
So much of the above described land as is included
within the! limits of said Clark Street, is subject to its use
by all persons lawfully entitled thereto, as described in
Certificate of Title #3862 , and there is appurtenant thereto
the right to use all the streets and ways shown on said plan,
in common with others entitled thereto .
14 . The action of the Board in denying the plaintiff 's
application for variance leaves the plaintiff without any
possible use to be made of the premises by }rim.
15 . The action of the Board in denying the plaintiff ' s
application for variance de facto applies the premises to
public use in that the non-development of the plaintiff 's
premises , which abuts city-owned land, will result in benefits
to the surrounding neighborhood and the general public .
16 . The action of the Board constitutes a taking of
the plaintiff ' s premises for public use by the Board and
defendant City of Salem, but such taking was riot effected by
-5-
or in accordance with a formal vote or order of the Board of
Officers of a body politic duly authorized by law.
17 . The defendants Board and City of Salem paid no
money or lawful consideration to the plaintiff for the
premises .
18 . As a result of the actions and taking of said
defendants , the plaintiff has suffered great monetary damage.
WHEREFORE , the plaintiff prays and demands as follows :
1 . That this Honorable Court declare that the actions
of the defendants culminating on June 3 , 1992 , constitute a
taking of plaintiff ' s land within the meaning of Mass . Gen.
Laws , c . 79 and the applicable provisions of the United States
Constitution and the Massachusetts Declaration of Rights .
2 . Judgment that the loss , injury and damage sustained
by the plaintiff on account of the abovesaid acts of the
defendants be inquired into, determined and ascertained, and
that damages be assessed therefor and that the *Tial of this
complaint for the assessment of its damage may be by jury.
3 . For such other relief as this Honorable Court deems
meet and just .
COUNT III
(DECLARATION RELIEF AS TO PLAINTIFF'S RIGHT TO BUILDING PERMIT
PURSUANT TO M.G.L. C . 40A, 56 AND THE CITY OF SALEM ZONING
ORDINANCE)
19 . The plaintiff repeats and realleges and
incorporates herein by reference the allegations of paragraphs
-6-
1 through 18 of the Complaint .
20 . The City of Salem' s Zoning Ordinance ( hereinafter
"Ordinance " ) was enacted on or about August 27 , 1965 .
21 . The premises constitute a non-conforming lot,
within the meaning of G.L . , c . 40A, §6 and the Salem Zoning
Ordinance, which lot is for a single-family use, has fifty
feet of frontage, and contains five thousand square feet.
22 . Pursuant to said G . L. , c . 40A, 56 , the plaintiff
is entitled, as a matterof law, to a building permit for a
single-family home on the premises .
Wherefore , the plaintiff demands the following relief :
1 . That this Court enter an order directing the City
of Salem, through its Building Inspector or other appropriate
authority, to issue a building permit for the subject property
forthwith.
2 . For such other and further relief as this Court may
deem meet and just .
PLAINTIFF DEMANDS A TRIAL BY JURY.
-7-
Respectfully submitted,
Paul Ferragamo , Trustee of the
Ferragamo Family Trust ,
By his Attorney,
William H . Sheehan III
Matthew J . Kavanagh
PEARL, McNIFF , CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone : ( 508 ) 531-1710
Dated:
-8-
} � �U
COMMONWEALTH OF MASSACHUSETTS
\ y Essex, s1s . Superior Court partment
Civil Action N 2
F
UL FERRAGAMO,,-TRUSTEE ) -
, TH�RR$GAM0 FAMILY )
UST )
PLAINTIFF )
VS. )
�\ RICHARD BENGAL, ET ALS )
AS THEY ARE MEMBERS OF )
THE SALEM BOARD OF )
y APPEAL, )
1 DEFENDANTS )
\ V
V
AGREEMENT FOR JUDGMENT
Now come the parties and stipulate and agree that the
following entry be made upon the docket : The decision of t,
Board of Appeal is annulled and the matter is remanded to th(
Board of Appeal for further proceedings without the necessit
i
Iof bringing a new application . The Superior Court shall
retain jurisdiction of this matter . Each party to bear its
own costs . All rights of appeal are waived. "
ii
Respectfully submitted,
Paul Ferragamo , Trustee as aforesaid,
By his Attorney,
William H . Sheehan II #457060
PEARL , :IcNIFF , CREAN, COOK & SHEEHAN
30 Clain Street
Peabody, Massachusetts 01960
Telephone : ( 508 ) 531-1710
i
11101 I,VM, \ v• .,.uvu.n..• -
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
Essex Division
i
°LOIN TIF F(S) DEFENDANT(SI
Paul Ferragamo, Trustee of the Ferraqamo Richard Bencal , et aLs, as they are the
Family Trust '' Salem Board of Appeals
ATTORNEY(S) FIRM NAME. ADDRESS AND TEL.) ( 508) 531-1710 ATTORNEY(S) (if known)
Lliam H. Sheehan III, Esquire
pearl, McNiff, Crean, Cook & Sheehan
;O Main Street; Peabody, MA 01960
Board of Bar Overseers # (Required) 457060
ORIGIN CODE AND TRACK DESIGNATION
Place an u in one box only:
I
:cxx1. F01 Original Complaint !, U 4, F04 District Cf. Appeal c231, s. 97 (X)
1 2. F02 Removal to Sup. Cf. c231, s. 104 (F) I 5. F05 Reactivated after Rescript: Relief from
— 'J 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) ijudgment/order (Mass. R Civ. P. 60 (X)
6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
—raz— v or,i nq_Appea_L,_G_L_c_40A__ ______ (F ) km Yes 11 No
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
The Salem IIoard.oE Appeal denied the plaintiff's application for variance, which denial
was arbitrary, capricious and in excess of its authority and constituted a de facto
taking of plaintiff's property. Furthermore, the plaintiff is entitled to a building
permit as a matter of right.
i
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED S25,000:
N/A
I
3. PLEASE IDENTIFY, BY CASE NUMBER. NAME AND DIVISION. ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
None.
i
SIGNATURE OF ATTORNEY OF RECORD OR PLAINTIFF DATE
DISPOSITION RECEIVED
A. Judgment Entered u. No Judgment Entered BY:
1. Before jury trial or non-jury hearing Ll 6. Transferred to District DATE
❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, O)SFD910ON EN)cnED
3. After jury verdict s.102C.
L 4. After court finding Disposition Date BY
5. After D,st trial motion DATE.
I
h
\QhO� m m m m NO M p m m m
DO p N Q
W W W W roh W W W
- � a� . 753,5
a o
�^09A c
�0 / rp
00 e< 9 ca % N
Cto)
Q (O
o � 6 r, oa. ryti �
9:
/ CJ
so 00 / 00 �S
0 0 o
`Q. O CP 2r B `y3 co
i A
��b W>o O/ //�
n O
06 � 0b v~j 60,6 M o
oPr b a M
d71 \v r OD
60 m
X76b0r gg
ti
CD
a�C O w 6
o
Al
110 �o J� a �m z
e4b ^o,/ /o M Pro b 1
N
&ID N / Os `O
Ike, Clo
Y �D
fVR
• BOARD OF ASSESSORS PAGE,
CITY HALL
77,—Z fl-.MIA" TY970 eSeSBaa, ftPPa'3n
71
2 0
W�A& ',,4 -f
T�5/,90S' ,;'
i vi
3
IT'
I W4,"m
4
0s SUBJECT PROPERTY: MAP" 03 LOT: 0079 SUFF. �;2 OXWX44
6 PROPERTY ADDRESS. 0007 CLARK STREET /11¢ ;2 .1
0 N Ef R I=IA*Pl PIT)Pill-F-AP I'M7Y-T-R M;T-r
7
-,"r;9,.j*RAGAM(,;0 PAWL� ,WR
8
�...... .... 2";
10 lFifir PRVPE-RT-Y-'AUDRE-SS- T NG LAD&R&SS��
2
0 11L4 0
— 03 0079 0007 CLARK STREET HAMMOND FAMILY TRUST 419 HIGHLAND AVENUE 15
12 ZE:RRAGAkA,,--2AUL-TR SALEWjjA n 16
13
b,f6,Ui, DRIVE-
14 e
A`
15 Nd. Ho
77:
- QVX J-UNLLC2F-,
16 Ll
0 — 0
17 03 (10761
O76 049 HIGHLAND AVENUE HAMMOND FAMILY TRUST THE 419 HIGHLAND AVENUE
RZE.RRAGAM0,2it,� 11 Lt
22-T
41 7
9
2,7�
1"�pr
4
*W vu �,4
CLARKL2,3 0077" 0003 ST
,RE JABER,SAM:
a M-V,
�,V
X" 0,
. 8 -90 -GL-AR*�-SXR&
2 PATRICIA A SALEM MA 01970
3 03 0079 0007 CLARK STREET HAPIMOND FAMILY TRUST 419 HIGHLAND AVENUE
4 Pr'PPArAPA0-P-AUL
�SALE4,410,9-,.1 977-Q
$ @
3` 0080-- qp09 CLARK SA L.)F�.M, ITY,,�6F��',,I
3
z
X 0
0 0-.1H
1610.15 Ql,ARh�-S-TBEEn NOR
a LYNN MA 01905
9 0 F
! o 9 03 0082 00226 BARNES CIRCLE R J S REALTY TRUST' 60 CHILDS ST
0
0 ;L.IAN-RS:t@�E L-1��4
#,T 4 LIAN-JIM
Ct 41
992 -,C MASEL.L.A-Sl
IRCLL,
m7-
.,�,,,,BARNES
. 2 1'KA,
33
ME '.CI' OLE--
"S,0648=BARUE p
0 3 MARIE R SALEM PIA 01970
3j 03 0091 0016 BARNES CIRCLE DAMATO PANFILO 16 BARNES CIRCLE rl�
-,7,, ,-, �, , , " ,,Q
p�q'OsE,p, SALEM 0,A -1
37 —7-- ,
-CIRCL,
001%9
aARN'E
S. MIL,
...... ALEPI,gPIA-04,9,7&�,
v K
-T s""fid f, �&r.,Kj 1=0�" 4;,T-,RF,,RTAA
9: cl�,"I
nlnn,;Q
0 SALEM PIA 0-1970
0 41 03 0138 0011 CLARK STREET MASELLA STEPHEN J 24 BARNES CIRCLE
2 PE GGY E - P L-AD 61-1.) R SALEM PI 0197D
00
3
4
4,
"a v "i
4 5za AHIZ
46
0 T7 •
48
9 X t
K
4
0 K,V ....
2
3
4
ETE
Rll,, C
ARM%
C •
V
DATE OF P.EAR:NG �d` / C
ETIT_IONER �f��4��J / � %
.O'CATION
7OTION: TO GRANT r/ SECOND
J i
TO DENY / SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
STEPHEN T GRADY
GEORGE A. AHMED
FRANCIS GREALISH
STEPHEN T?UCHETTE
ASSOCIATE :MEMBERS
R
ARTHUR LABRECOUE
CONDITION0,Qlan _
APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . .
(9if>s of 15ttlrm, C�Httssar4useffs
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at No. .7. .c,�axk .st:,,.zz ,&20,Barnes Circle„ Street; Coning DistrictR-1
. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcei is affected by Sectionjs ) . . . . . . . . . . . . . . . .
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.
• � m
-o
r
m o ca
t^
b, un
r
U1 CD
N W
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See attached Statement In Support of Petition
For Variances
Ck-
LLJ
Uj
Ln '—_j
Ca W o Paul Ferragamo, Trustee of
a 'n The Ferragamo Family Trust
co
N
Owner. .
Address.419. Highland Ave. , Salem, MA
Telephone. . .(•508.) 745-0869
Paul Fe
Petitioner. . . . . . . . . . . . . .rragamo. . . . . . . . . . . . . . . . . . . .
Address.419 Highland Ave. , Salem; MA
Date. . ,September . . . 1. ( 508 ) 745-0869
Telephone. . . . . . . . . . . .
ByGfilliam 'ee "ri, TI'.. . . . . . . . . . .
Attorney for Paul Ferragamo
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... ...... .......................
PETIT ION 10 HOARD OE APPI;A LS
LOCA I ION
...........I................... .......................
Pul
111 ON ER.................. .......................
ADDRESS......... ......... .. ...
................................................
CONDI I IONS
............... .......... ...... .......--.......
................. .. ...............
..........................................................
.................................... ................--
..............I.............. ..........I........................
................................. ......................
PETITION APPROVED.................... ❑
DENIED... . ......... .........
........................................ 19.........
f
STATEMENT IN SUPPORT OF PETITION FOR VARIANCES
PROPERTY ADDRESSES: 7 Clark Street
Barnes Circle and
Barnes Circle, Salem, Massachusetts
OWNER/PETITIONER: Paul Ferragamo, Trustee of the
Ferragamo Family Trust
ASSESSOR'S MAP: 3
LOT NOS. : 79 , 88, 89
DEED REFERENCES: Commonwealth of Massachusetts Land
Court, Essex South Registry of Deeds,
Southern District, Salem,
Massachusetts, Certificate No. 49669,
Registration Book 226, Page 49669
(lot 79) , Commonwealth of
Massachusetts Land Court, Essex South
Registry of Deeds, Southern District,
Salem, Massachusetts, Certificate No.
49670, Registration Book 226, page
49670 ( lot 88) , Commonwealth of
Massachusetts, Essex Registry of
Deeds , Southern District, Salem,
Massachusetts, Book 6671, Page 481
( lot 89) .
The Petitioner respectfully requests the variances
necessary in order to sell the property known as 7 Clark
Street, 22 Barnes Circle and 20 Barnes Circle as three single
family lots . The present configuration of the property is
depicted on the City of Salem Assessor's Map 3 as lots 79, 88
and 89 . A copy of said plan is attached hereto as Exhibit
"A" . At present the property known as 7 Clark Street which
is depicted as lot 79 on Exhibit A has an area of 5, 000
square feet and a width of 50 feet. The property known as 22
Barnes Circle which is depicted as lot 88 on Exhibit A has an
area of 21,926 square feet and width of 59 feet. The
property known as 20 Barnes Circle which is depicted as lot
89 on Exhibit A has an area of 14, 669 square feet and width
of 66 feet.
The proposed reconfiguration of the property is
depicted on a plan of land attached hereto as Exhibit "B" .
The reconfiguration increases lot area of 7 Clark Street from
5, 000 square feet to 11,400 square feet decreases the area of
22 Barnes Circle from 21,926 square feet to 15, 000 square
feet and increases the area of 20 Barnes Circle from 14 ,669
square feet to 15, 000 square feet.
In order to create the reconfigured lots the
petitioner requires the following variances from the
requirements of Section VI, Table 1 of the City of Salem
Zoning Ordinance as follows:
1 . 7 Clark Street, Salem, MA. (City of Salem
Assessor's Map 3, lot 79)
Lot area: 11,400 square feet from 15, 000 square feet
Lot width: 50 feet from 100 feet
2 . 22 Barnes Circle, Salem, MA. (City of Salem
Assessor's Map 3, lot 88)
Lot width: 59 feet from 100 feet
3 . 20 Barnes Circle, Salem, MA. (City of Salem
Assessor's Map 3, lot 89 )
Lot width: 66 feet from 100 feet.
2 -
Petitioner requests that the variances requested be
granted upon a finding by the board that special conditions
and circumstances exist which especially effect the parcel of
land depicted by the plan of land marked as Exhibit B in that
the topography of the land is irregular and such irregularity
does not exist generally in this zoning district.
Furthermore, that enforcement of the provisions of the
ordinance would involve substantial hardship to petitioner
because the land will not be developed for a use that is
reasonable and consistent with the character of the
neighborhood and that the desired variances may be granted
without detriment to the public good and without nullifying
or derogating from the intent of the zoning-by-law because
the proposed use, single family house lots, is consistent
with the existing zoning scheme .
The neighborhood in which the subject property lies
consists mainly of single-family homes, a substantial number
of which are on lots significantly smaller in size than those
depicted by Exhibit B. The public good will be served by the
construction of additional single family homes in this
neighborhood as it will make productive use of what is
presently vacant land and will serve to further stabilize the
character of the area. The present ordinance permits the
- 3 -
l
proposed use; granting this petition will neither derogate
from the existing ordinance nor be harmful to the public good.
Therefore, Petitioner requests that the variances be
granted so he may usefully develop this property.
Respectfully submitted,
Paul Ferragamo, Trustee of
the Ferragamo Family Trust,
By his Attorney,
//AQ vf�
William H. a an III
BBO#: 457060
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: (508) 531-1710
Fax No: (508) 531-4895
Dated: September 29 , 1993
- 4 -
.a
STATEMENT IN SUPPORT OF PETITION FOR VARIANCES
PROPERTY ADDRESSES: 7 Clark Street
Barnes Circle and
Barnes Circle, Salem, Massachusetts
OWNER/PETITIONER: Paul Ferragamo, Trustee of the
Ferragamo Family Trust
ASSESSOR'S MAP: 3
LOT NOS . : 79 , 88, 89
DEED REFERENCES: Commonwealth of Massachusetts Land
Court, Essex South Registry of Deeds,
Southern District, Salem,
Massachusetts, Certificate No. 49669,
Registration Book 226 , Page 49669
( lot 79 ) , Commonwealth of
Massachusetts Land Court, Essex South
Registry of Deeds, Southern District,
Salem, Massachusetts , Certificate No.
49670, Registration Book 226 , page
49670 ( lot 88 ) , Commonwealth of
Massachusetts, Essex Registry of
Deeds , Southern District, Salem,
Massachusetts, Book 6671, Page 481
( lot 89 ) .
The Petitioner respectfully requests the variances
necessary in order to sell the property known as 7 Clark
Street, 22 Barnes Circle and 20 Barnes Circle as three single
family lots . The present configuration, of the property is
depicted on the City of Salem Assessor' s Map 3 as lots 79 , 88
and 89 . A copy of said plan is attached hereto as Exhibit
"A" . At present the property known as .7 Clark Street which
is depicted as lot 79 on Exhibit A has an area of 5,000
square feet and a width of 50 feet . The property known as 22
Barnes Circle which is depicted as lot 88 on Exhibit A has an
area of 21, 926 square feet and width of 59 feet. The
property known as 20 Barnes Circle which is depicted as lot
89 on Exhibit A has an area of 14 , 669 square feet and width
of 66 feet.
The proposed reconfiguration of the property is
depicted on a plan of land attached hereto as Exhibit "B" .
The reconfiguration increases lot area of 7 Clark Street from
5, 000 square feet to 11,400 square feet decreases the area of
22 Barnes Circle from 21,926 square feet to 15, 000 square
feet and increases the area of 20 Barnes Circle from 14 ,669
square feet to 15 , 000 square feet.
In order to create the reconfigured lots the
petitioner requires the following variances from the
requirements of Section VI, Table 1 of the City of Salem
Zoning Ordinance as follows :
1 . 7 Clark Street, Salem, MA. (City of Salem
Assessor's Map 3, lot 79 )
Lot area: 11,400 square feet from 15, 000 square feet
Lot width: 50 feet from 100 feet
2 . 22 Barnes Circle, Salem, MA. (City of Salem
Assessor' s Map 3, lot 88)
Lot width: 59 feet from 100 feet
3 . 20 Barnes Circle, Salem, MA. (City of Salem
Assessor's Map 3, lot 89 )
Lot width: 66 feet from 100 feet.
- 2 -
Petitioner requests that the variances requested be
granted upon a finding by the board that special conditions
and circumstances exist which especially effect the parcel of
land depicted by the plan of land marked as Exhibit B in that
the topography of the land is irregular and such irregularity
does not exist generally in this zoning district.
Furthermore, that enforcement of the provisions of the
ordinance would involve substantial hardship to petitioner
because the land will not be developed for a use that is
reasonable and consistent with the character of the
neighborhood and that the desired variances may be granted
without detriment to the public good and without nullifying
or derogating from the intent of the zoning-by-law because
the proposed use, single family house lots, is consistent
with the existing zoning scheme.
The neighborhood in which the subject property lies
consists mainly of single-family homes , a substantial number
of which are on lots significantly smaller in size than those
depicted by Exhibit B. The public good will be served by the
construction of additional single family homes in this
neighborhood as it will make productive use of what is
presently vacant land and will serve to further stabilize the
character of the area. The present ordinance permits the
- 3 -
proposed use; granting this petition will neither derogate
from the existing ordinance nor be harmful to the public good.
Therefore, Petitioner requests that the variances be
granted so he may usefully develop this property.
Respectfully submitted,
Paul Ferragamo, Trustee of
the Ferragamo Family Trust,
By his Attorney,
William H. e n III
BBO#: 457060
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: (508) 531-1710
Fax No: (508 ) 531-4895
Dated: September 29, 1993
- 4 -
Ctu of 'Salem' 'Mttssadjusetts
Poara of 'Appeal
MINUTES OF THE BOARD OF APPEAL MEETING - MAY 20 1992
A meeting of the Salem Board of Appeal was held Wednesday, May 20, 1992 at
7:00 p.m. , second floor of One Salem Green. Notices of the hearing were
duly advertised in the Salem Evening News on May 6 and May 13, 1992.
Abutters and other interested persons were notified by mail.
Present at the hearing were Board Members Bencal, Febonio, Grealish,
Luzinski, Touchette and Associate Member Plante. Also present at the
meeting was the Assistant Building Inspector, D. Harris. The Clerk of the
Board was not present due to an injury.
The meeting was called to order at 7:00 p.m. by the Chairman, Richard A.
Bencal. Mr. Bencal: before we go to item one there are two pieces of
business I would like to get out of the way. I would like to ask the
Members of the Board and the audience to stand for a moment of silence,
number one for deceased Building Inspector Bill Munroe and secondly, it was
just brought to my attention that one of our Board Members, Arthur
Labrecque's wife passed away recently, unbeknownst to most of us. Please
stand, we would appreciate it. Thank you.
The first item of business is the election of officers. Nominations for
Chairman? Mr. Luzinski nominated Mr. Bencal, Mr. Febonio seconded. Mr.
Febonio moved to close nominations. Nominations unanimously closed. Mr.
Bencal was unanimously elected Chairman.
Mr. Luzinski nominated Richard Febonio for Vice Chairman, Mr. Grealish
seconded. Mr. Luzinski moved to close nominations, seconded by Mr.
Grealish, unanimous. Mr. Febonio elected Vice Chairman unanimously
Mr. Luzinski nominated Mr. Grealish for Board Secretary. Mr. Touchette
seconded. Mr. Luzinski moved to close nominations, seconded by Mr.
Febonio, unanimously closed. Mr. Grealish unanimously elected secretary.
Mr. Bencal: at this point in time I would appoint Mr. Plante a voting
member.
7 CLARK ST. - PAUL FERRAGAMO
This is a remanded petition regarding Variances from frontage and lot size
to allow construction of a single family dwelling in this R-1 district.
Mr. Bencal: this petition will not be heard this evening due to the
petitioners noncompliance with conditions set forth by the Board of Appeal
relative to advertising. The petition will be heard June 3, 1992. I will
except a motion at this time for a continuance. Mr. Grealish made a motion
MINUTES - MAY 20, 1992
page two
7 CLARK ST. - CONTINUED
to continue this petition until June 3, 1992. Mr. Febonio seconded. Mr.
Bencal: under discussion I will only make note that under the agreement
this Board made with Mr. Ferragamo and his attorney that they bear all
advertising costs. They chose not to and chose to cite a law that they
felt would relieve them of that act. In fact, the agreement was made
legally & binding. On the motion to continue I will call the roll.
UNANIMOUSLY CONTINUED UNTIL JUNE 3, 1992
8 MADELINE AVE. - RITA AND ANN MANOOGIAN
Petitioners are requesting Variance to convert a single family dwelling
into a two family dwelling in this R-1 district. Mr. Grealish read the
application, there was no correspondence. Ms. Rita Manoogian represented
herself. We own a single family home and want to raise the roof of the
house, Ann and I do. I live alone and she wants to move back in and have
her own apartment. It's really an inlaw apartment, one of the egress is
going to come right into my apartment. I have a problem sleeping at night
being all by myself and Ann has a problem worrying about me when she moved
out. We are trying to help each other. She submitted a petition in favor
i n
s g ed by 20 persons in the area. Por. Bencal explained the criteria for
proving hardship. Ms. Manoogian did not understand. Mr. Bencal read from
the Ordinance the section pertaining to hardship. Mr. Bencal: you must
meet all three criteria. Have you consulted with anyone on this? Ms.
Manoogian: No. When we decided to do this we did not realize all this was
going to happen. Mr. Bencal: unfortunately there are a lot of people who
do that and the onus has been put on this Board to attempt to extract
exactly what they are looking for and that is not what we are supposed to
be doing. Ms. Manoogian: I don't understand about the land. Mr. Febonio:
would it be advisable to have her withdraw and give her a better chance to
present her petition at a later date, get her facts and figures together, I
don't think she understood what she had to do or what was necessary and may
with this it would give her a better understanding and come in better
prepared. Mr. Bencal: Mr. Febonio has suggested that perhaps you would
like to withdraw this. If the Board were to deny this you would not be
able to come back for two years. Ms. Manoogian: I see, so it would be
better to withdraw without prejudice. Mr. Bencal: that would give you the
opportunity to seek counsel to try to address these items. Councillor
O'Leary: would it be possible to continue this. Mr. Bencal: we have nine
items on the next meeting Mr. O'Leary. Mr. O'Leary: these people did not
confide in an attorney, maybe they didn't need one, I'm not sure if they
need a variance. Mr. Bencal: they do need a variance. Mr. O'Leary: For
an inlaw apartment? Mr. Bencal: there is no such thing as an inlaw
apartment. Mr. O'Leary: Okay, this Board in it's wisdom granted one on
Barcelona Ave. just a few years ago, they granted it with condition that
if the mother moved or married and left the child there they would turn it
back to a single family home and they did that. It worked out fine. Maybe
you can give them the same opportunity. Mr. Bencal asked Mr. Harris how
many petitions were pending for the last meeting in June. Mr. Harris:
there's about four. Mr. Bencal: if we continued it would probably not be
until July. Would that be all right? Mr. O'Leary: I think that would be
MINUTES - JUNE 3, 1992
page ten
7 CLARK ST. - PAUL FERRAGAMO
This request for Variances from frontage, and lot size to allow
construction of a single family dwelling was denied originally in 1987, it
was denied again in 1989, this denial was appealed in court and has
subsequently been remanded back to this Board. The property is located in
an R-1 district. Mr. Grealish read the original application. Mr. Bencal:
we will be treating this as a new case. Attorney Matthew Kavanaugh,
Peabody represented Mr. Ferragamo. When this petition was first present we
were not representing Mr. Ferragamo. I took the opportunity to prepare a
statement in support of the petition which will give the Board a little
more information as far as Mr. Bencal interrupted Mr. Ferragamo at that
point and explained that except for two members there was a brand new
Board. It is a new petition and you have gentlemen here who are not
familiar with this so we are treating it as a new case, I think, if you
could present it as a new case. Mr. Kavanaugh submitted copies of his
statement to the Board, attached to this statement is a plan "Exhibit All
showing the lot and the proposed dwelling, "Exhibit B" a list of the
variances requested. The land is registered land, established back in 1921
and attached as "Exhibit C" is the original plan that shows it as lot 104,
that lot still exists, same size also have as "Exhibit B" a copy of today's
Assessor's Map. The neighborhood is mainly single family homes and the
lots at least on the northerly side are all the same size. As far as
hardship, if variance is not granted this land could not be used as single
family in an R-1 zone. Mr. Ferragamo lives in the neighborhood. This will
be in harmony with the neighborhood. We have a lot that is in an R-1 zone
and without variances it cannot be used for single family, cannot be used
for anything that would be consistent with the neighborhood. Mr. Bencal:
Did Mr. Ferragamo, the owner of the property, which is Hammond Family
Trust, did they at anytime own lot 78? Mr. Kavanaugh: yes, Mr. Ferragamo
did own lot 78. Mr. Bencal: is that owned by Mr. Ferragamo as trustee for
this trust? Mr. Kavanaugh: I believe that was owned by Mr. Ferragamo as
trustee of Ferragamo family trust, I could check the deed. Mr. Bencal: is
Hammond Family Trust a successor to the Ferragamo trust? Mr. Kavanaugh: a
successor in interest? I believe the title of lot 79 was Hammond Family
Trust and 78 was Ferragamo Family Trust and I believe the lots were
purchased by Mr. Ferragamo as Trustee at approximately the same time. Some
were taken as by the Ferragamo Family Trust and some were taken as the
Hammond Family Trust. Mr. Bencal: did Mr. Ferragamo come into the Board
and ask the Board to get variance for lot 78 to allow it to be built. Mr.
Kavanaugh: yes, I believe he did, I did not represent him in that action,
I believe he did receive variance to construct a single family on lot 78.
Mr. Bencal: so, what he did was take, what, under merger would be a 10,000
sq.ft. lot and created two 5,000 sq.ft. lots and now has created his own
hardship. Mr. Kavanaugh: I have had many discussions with Attorney
Femino, we have written back and forth, I have many cases to support our
position that we are entitled to grand- father protection for lot 79, we
have agreed to disagree on that point. No one appeared in favor or in
opposition. Hearing closed.
MINUTES - JUNE 3, 1992
page eleven
7 CLARK STREET - CONTINUED
Mr. Grealish: would you refresh my memory on the grandfathering. Mr.
Kavanaugh: the grandfather, the argument basically is, these lots were
created prior to 1965, they were not held in common ownership at the time
the zoning ordinance was adopted, 1965, they always had separate deeds,
never part of the same deed. They did subsequently come into common
ownership under the name of Hammond, but it was by separate deed. We say
that because they were separate at the time of zoning, we contend they are
grandfathered. I do want to make it clear that Mr. Femino disagrees with
our position. Mr. Febonio: the letter of the law is one thing but in good
faith it some how becomes a scheme. You chopped it up, that's the sticky
point, respectfully, and I can't say it any simpler, he was playing the
edge. Mr. Grealish made a motion to grant the petition on condition
petitioner comply with all city and state code, regulations, ordinances and
statutes, all construction be as per plans and dimensions submitted and
with legal building permit, all requirements of the Salem Fire Dept.
relative to smoke and fire safety be strictly adhered to, a certificate of
occupancy be obtained and property number be obtained from the City of
Salem Assessor. Mr. Luzinski seconded. Voting in favor of the motion to
grant was Mr. Febonio, Mr. Grealish and Mr. Touchette. Voting in
opposition to the motion was Mr.Bencal and Mr. Luzinski. The motion to
grant, having failed to garner the required four affirmative votes fails
and the petitioners request for Variances is denied by a 3-2 vote.
DENIED
Minutes of the Board of Appeal meeting of May 20, 1992 unanimously
approved.
Meeting adjourned at 9:30 p.m. , next scheduled hearing to be held June 24,
1992, the meeting in July will be held July 22, 1992, on the second floor
of One Salem Green.
Respectfully submitted,
Brenda M. Sumrall
Clerk of the Board
IMF
PEARL, MoNIFF, CREAN, COOK & SHEEHAN
ATTORNEYS AT LAW
30 MAIN STREET
JOHN M.CREAN PEABODY,MASSACHUSETTS 01960-5552 MATTHEW J.KAVANAGH
OLIVER T.COOK MICHAEL S. HOULDEN
PEABODY 15081531-1710
WILLIAM H.SHEEHAN III LAWRENCE J.O'KEEFE
THOMAS C.REGAN,PC BOSTON 16171289-3456
MICHAEL T.SMERCZYNSKI,PC FAX 15081531-0895
SAMUEL PEARL.OF COUNSEL
JOHN A.MCNIFF OF COUNSEL
ARTHUR J.FRAWLEY.JR.,OF COUNSEL
July 2 , 1992
Richard A. Bencal Stephen Touchette
19 Goodell Street 452 Loring Avenue
Salem, MA 01970 Salem, MA 01970
CM# P 828 820 001 CM# P 828 820 004
Richard T. Febonio Francis Grealish
4 Arnold Drive 8A Cleveland Road Extension
Salem, MA 01970 Salem, MA 01970
CM# P 828 820 002 CM# P 828 820 005
Edward Luzinski
24 Hardy Street
Salem, MA 01970
CM# P 828 820 003
Gentlemen:
Please take notice that Paul Ferragamo, trustee of the
Ferragamo Family Trust has filed in Essex Superior Court an
appeal from the June 3, 1992 decision of the Poard of Appeal of
Salem denying his application for a variance.
A copy of the complaint filed in Superior Court and a
copy of notice filed with the City Clerk is enclosed.
Very trgly yours
William H. eehan III
WHS:ms
Enclosures
Certified Mail/RRR
PEARL, MCNIFF, CREAN, COOK & SHEEHAN
ATTORNEYS AT LAW
30 MAIN STREET
JOHN M.CREAN PEABODY.MASSACHUSETTS 01960-5552 MATTHEW J. KAVANAGH
OLIVER T.COOK MICHAEL S. HOULDEN
WILLIAM H.SHEEHAN III PEABODY 15081 531 1710
BOSTON i61>1269-3A56 LAWRENCE J.O-KEEFE
THOMAS C.REGAN,PC
MICHAEL T.SMERCZYNSKI,PC FAX 15081531 4695
SAMUEL PEARL,OF COUNSEL
JOHN A.Mc NIFF,OF COUNSEL
ARTHUR J.1FRAWLEY,JR..OF COUNSEL
July 2 , 1992
Ms . Josephine Fusco
Salem City Hall
City Clerk' s Office
93 Washington St .
Salem, MA 01970
Re: Paul Ferragamo, Trustee of the Ferragamo Family Trust
Vs : Richard Bencal , et als
Dear Ms . Fusco:
You are hereby notified, pursuant to M.G.L. c . 40A, §17 ,
that an action has been filed in the Essex Superior Court
appealing from the denial of a variance by the Board of Appeal
of the City of Salem sought by the plaintiff Paul Ferragamo,
Trustee of the Ferragamo Family Trust, for their property at 7
Clark Street, Salem, Massachusetts . A copy of the complaint is
attached to this notice .
Very truly yours ,
William H. Slieeha In II
Enclosure
WHS:aml
COMMONWEALTH OF MASSACHUSETTS
i
Essex, ss . Superior Court Department
Civil Action No. -2
PAUL FERRAGAMO, TRUSTEE )
OF THE FERRAGAMO FAMILY )
TRUST, )
PLAINTIFF )
VS. )
RICHARD BENCAL, ET ALS )
AS THEY ARE MEMBERS OF )
THE SALEM BOARD OF )
APPEAL, )
DEFENDANTS )
COMPLAINT AND JURY DEMAND
Now comes the plaintiff Paul Ferragamo, Trustee of the
Ferragamo Family Trust, and complains and says as follows :
COUNT I
(APPEAL FROM DENIAL OF VARIANCE G.L. c . 40A, SECTION 17)
1 . The plaintiff Paul Ferragamo resides at 419
Highland Avenue, Salem, Massachusetts .
2 . The defendant Salem Board of Appeal ( hereafter
"Board" ) was ;, at all times material hereto, comprised of the
following individuals :
Richard Bencal , 19 Goodell Street, Salem, MA
Richard Febonio, 4 Arnold Drive, Salem, MA
Francis Grealish, BA Cleveland Road Extension, Salem, MA
Edward Luzinski, 24 Hardy Street, Salem, MA
Stephen Touchette, 452 Loring Avenue, Salem, MA
I
3 . The plaintiff is the owner of real estate located
at 7 Clark Street, Salem, Massachusetts (hereafter "the
premises " ) , and is a party aggrieved within the meaning of
- i
MW
G.L. , c . 40A, Section 17 , by the decision of the Board dated
June 3 , 1992 , and filed with the Salem City Clerk on June 17 ,
1992 , a certified copy of which decision is attached hereto
and marked "A" , denying the plaintiff ' s application for a
variance to construct a single-family home on the premises .
4 . On or about May 22 , 1989 , the plaintiff filed an
application for a variance from the lot area and frontage
requirements of the Salem Zoning Ordinance so as to permit the
plaintiff to construct a single-family home on the premises .
The variance sought was necessary because the City of Salem
maintained that lot was undersized .
5 . The Board conducted an initial hearing of said
application on July 5, 1989 , and voted to deny the request for
variance, which decision was filed with the City Clerk as
aforesaid, a copy of which decision is attached hereto and
marked "B" .
6 . An appeal from the denia' of plaintiff ' s request
for variance was filed with this court on or about September
12 , 1989 . On or about April 15 , 1992 , the parties agreed to
annul the decision of the Board of Appeal and to remand the
application for variance to the Board for further proceedings
without the necessity of bringing a new application. A copy
of the Agreement for Judgment is attached hereto, incorporated
herein and marked "C" .
7 . The Board conducted a subsequent hearing of said
application on June 3 , 1992 , and voted to deny the request for
-2-
J
variance, which decision was filed with the City Clerk as
aforesaid.
8 . The Board' s denial on June 3 , 1992 , of the
plaintiff ' s application for variance exceeded the Board' s
authority and was arbitrary, capricious and without support in
law or fact in that the plaintiff established that due to the
shape, size and topography of his land, the plaintiff , without
the requested variance, would be unable to construct a
single-family home or any other improvement on the premises ,
thus incurring great economic waste and hardship and that said
variance application was no different from many identical and
similar applications in the same and surrounding neighborhoods
which have been granted by the Board and the plaintiff ' s
application could have been granted without any detriment to
the public good and without in any way nullifying or
derogating from the intent and purpose of the zoning by-law.
9 . The Board based its decision on factors which are
totally irrelevant and immaterial to the statutory issues
involved in a variance application; the decision is
unsupported by evidence presented at the hearing; thus, the
Board' s decision is contrary to law, in excess of its
authority, arbitrary and capricious .
10 . The Board's denial , premised as it is on
irrelevant: and immaterial matters, is in excess of its
authority because the Board failed to exercise in accordance
with law the discretion granted to it by G.L. , c . 40A and the
-3-
Salem Zoning Ordinance.
WHEREFORE, the plaintiff demands the following relief :
1 . That the decision of the defendant Board of Appeal
be annulled;
2 . That this Court enter an order directing the
defendant Board of Appeal to issue the requested variance to
the plaintiff;
3 . That the plaintiff be granted the costs of this
appeal because the defendant Board of Appeal acted with gross
negligence, in bad faith, or with malice in denying the
plaintiff ' s request for variance; and
4 . In the alternative, that this matter be remanded to
the Board of Appeal so that it can exercise the discretion
granted to the Board by M.G.L. , c . 40A.
5 . For such other relief as this Court may deem meet
and just .
COUNT II
(DAMAGES AND LAND TAILING)
11 . The plaintiff repeats and realleges and
incorporates herein by reference the allegations of Paragraphs
1 through 10 of the Complaint .
12 . The defendant City of Salem is a municipal
corporation with a usual place of business at 93 Washington
Street, Salem, Massachusetts .
13 . The premises at 7 Clark Road, Salem, Massachusetts
are legally described as follows :
-4-
That certain parcel of land situate in Salem, in the
County of Essex and said Commonwealth of Massachusetts ,
bounded and described as follows :
SOUTHERLY by Clark Street, fifty ( 50 ) feet;
EASTERLY by lot 105 , as shown on plan hereinafter mentioned
one hundred ( 100 ) feet;
NORTHERLY by lots 229 and 230 , as shown on said plan, fifty
( 50 ) feet; and
WESTERLY by lot 103 , as shown on said plan, one hundred
( 100 ) feet .
All of said boundaries are determined ,by the Court to
be located as shown upon plan numbered 7159-B, drawn by
Eastman & Bradford, Civil Engineers , dated May 1 , 1918 , as
modified and approved by the Court, filed in the Land
Registration Office, a copy of a portion of which is filed
with Certificate of Title #3862 in said registry, and the
above described land is shown as lot #104 , sheet 2 , on last
mentioned plan.
So much of the above described land as is included
within thE! limits of said Clark Street, is subject to its use
by all persons lawfully entitled thereto, as described in
Certificate of Title #3862 , and there is appurtenant thereto
the right to use all the streets and ways shown on said plan,
in common with others entitled thereto.
14 . The action of the Board in denying the plaintiff 's
application for variance leaves the plaintiff without any
possible use to be made of the premises by him.
15 . The action of the Board in denying the plaintiff ' s
application for variance de facto applies the premises to
public use 'in that the non-development of the plaintiff 's
premises, which abuts city-owned land, will result in benefits
to the surrounding neighborhood and the general public .
16 . The action of the Board constitutes a taking of
the plaintiff ' s premises for public use by the Board and
defendant City of Salem, but such taking was not effected by
-5-
or in accordance with a formal vote or order of the Board of
Officers of a body politic duly authorized by law.
17 . The defendants Board and City of Salem paid no
money or lawful consideration to the plaintiff for the
premises .
18 . As a result of the actions and taking of said
defendants, the plaintiff has suffered great monetary damage .
WHEREFORE, the plaintiff prays and demands as follows :
1 . That this Honorable Court declare that the actions
of the defendants culminating on June 3 , 1992 , constitute a
taking of plaintiff ' s land within the meaning of Mass . Gen.
Laws, c . 79 and the applicable provisions of the United States
Constitution and the Massachusetts Declaration of Rights .
2 . Judgment that the loss , injury and damage sustained
by the plaintiff on account of the abovesaid acts of the
defendants be inquired into, determined and ascertained, and
that damages be assessed therefor and that the trial of this
complaint for the assessment of its damage may be by jury.
3 . For such other relief as this Honorable Court deems
meet and just .
COUNT III
(DECLARATION RELIEF AS TO PLAINTIFF'S RIGHT TO BUILDING PERMIT
PURSUAMT TO M.G.L. C.40A, §6 AND THE CITY OF SALEM ZONING
ORDINANCE)
19 . The plaintiff repeats and realleges and
incorporates herein by reference the allegations of paragraphs
-6-
1 through 18 of the Complaint .
20 . The City of Salem' s Zoning Ordinance (hereinafter
"Ordinance" ) was enacted on or about August 27 , 1965 .
21 . The premises constitute a non-conforming lot,
within the meaning of G.L. , c . 40A, §6 and the Salem Zoning
Ordinance, which lot is for a single-family use, has fifty
. feet of frontage, and contains five thousand square feet.
22 . Pursuant to said G.L. , c . 40A, §6 , the plaintiff
is entitled, as a matterof law, to a building permit for a
single-family home on the premises .
Wherefore, the plaintiff demands the following relief :
1 . That this Court enter an order directing the City .
of Salem, through its Building Inspector or other appropriate
authority, to issue a building permit for the subject property
forthwith.
2 . For such other and further relief as this Court may
deem meet and just .
PLAINTIFF DEMANDS A TRIAL BY JURY.
-7-
Respectfully submitted,
Paul Ferragamo, Trustee of the
Ferragamo Family Trust,
By his Attorney,
William H. Sheehan III
Matthew J. Kavanagh
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: ( 508 ) 531-1710
Dated:
-8-
� COMMONWEALTH OF MASSACHUSETTS
Essex, s1s . Superior Court tment
Civil Action N
.l P UL FERRAGAMO, TRUSTEE )
FT E E O FAMILY
U )
vill - PLAINTIFF )
vs. )
\ RICHARD BENCAL, ET ALS )
AS THEY ARE MEMBERS OF )
`h
THE SALEM BOARD OF )
APPEAL, )
c\ " DEFENDANTS )
v
AGREEMENT FOR JUDGMENT
I
Now come the parties and stipulate and agree that the
following entry be made upon the docket : "The decision of the
Board of Appeal is annulled and the matter is remanded to the
Board of Appeal for further proceedings without the necessity
of bringing a new application. The Superior Court shall
retain jurisdiction of this matter. Each party to bear its
own costs . All rights of appeal are waived. "
Respectfully submitted,
Paul Ferragamo, Trustee as aforesaid,
By his Attorney,
I
7
(� William H. Sheehan II #457060
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: ( 508 ) 531-1710
11101 VV
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
Essexs
Division "
PLAINTIFF(S) DEFENDANT(S)
Paul Ferragamo, Trustee of the Ferragamo Richard Bencal, et als, .as they are the
Family Trust Salem Board of Appeals
ATTORNEYS)FIRM NAME,ADDRESS AND TEL.) (508) 531-1710 ATTORNEY(S)(if known)
William H. Sheehan III, Esquire
Pearl, McNiff, Crean, Cook & Sheehan
30 Main Street; Peabody, MA 01960
Board of Bar Overseers # (Required) 457060
ORIGIN CODE AND TRACK DESIGNATION
Place an OO in one box only:
fixl. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X)
❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from
❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X)
❑ 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
—CO2— 7nni ng_lppeal,—G__1__c 10A_ _- (F ) ±)dx Yes No
I
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
The Salem Board of Appeal denied the plaintiff's application for variance, which denial
was arbitrary, capricious and in excess of its authority and constituted a de facto
taking of plaintiff's property. Furthermore, the plaintiff is entitled to a building
permit as a matter of right.
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARI ICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000:
N/A
i
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
None.
i
I
SIGNATURE OF ATTORNEY OF RECORD OR PLAINTIFF DATE {
� 1 • 111
DISPOSITION - I RECEIVED
A. Judgment Entered B. No Judgment Entered BY.
❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District DATE
❑ 2. During jury trial or non-jury hearing Court under G.L. c.231,
❑ DISPOSITION ENIEneD
3. After jury verdict s.102C.
❑ 4. After court finding Disposition Date BY:
❑ 5. After post trial motion DATE:
STATEMENT IN SUPPORT OF PETITION FOR VARIANCES
PROPERTY ADDRESSES: 7 Clark Street
Barnes Circle and
Barnes Circle, Salem, Massachusetts
OWNER/PETITIONER: Paul Ferragamo, Trustee of the
Ferragamo Family Trust
ASSESSOR'S MAP: 3
LOT NOS. : 79 , 88 , 89
DEED REFERENCES: Commonwealth of Massachusetts Land
Court, Essex South Registry of Deeds,
Southern District, Salem,
Massachusetts, Certificate No. 49669,
Registration Book 226 , Page 49669
( lot 79 ) , Commonwealth of
Massachusetts Land Court, Essex South
Registry of Deeds, Southern District,
Salem, Massachusetts, Certificate No.
49670, Registration Book 226 , page
49670 ( lot 88 ) , Commonwealth of
Massachusetts , Essex Registry of
Deeds , Southern District, Salem,
Massachusetts, Book 6671, Page 481
( lot 89 ) .
The Petitioner respectfully requests the variances
necessaryin order to sell the property known as 7 Clark
P P Y
Street, 22 Barnes Circle and 20 Barnes Circle as three single
family lots . The present configuration of the property is
depicted on the City of Salem Assessor' s Map 3 as lots 79 , 88
and 89 . A copy of said plan is attached hereto as Exhibit
"A" . At present the property known as 7 Clark Street which
is depicted as lot 79 on Exhibit A has an area of 5,000
square feet and a width of 50 feet . The property known as 22
Barnes Circle which is depicted as lot 88 on Exhibit A has an
area of 21, 926 square feet and width of 59 feet . The
property known as 20 Barnes Circle which is depicted as lot
89 on Exhibit A has an area of 14 , 669 square feet and width
of 66 feet.
The proposed reconfiguration of the property is
depicted on a plan of land attached hereto as Exhibit `'B" .
The reconfiguration increases lot area of 7 Clark Street from
5, 000 square feet to 11,400 square feet decreases the area of
22 Barnes Circle from 21, 926 square feet to 15, 000 square
feet and increases the area of 20 Barnes Circle from 14,669
square feet to 15,000 square feet.
In order to create the reconfigured lots the
petitioner requires the following variances from the
requirements of Section VI , Table 1 of the City of Salem
Zoning Ordinance as follows :
1 . 7 Clark Street, Salem, MA. (City of Salem
Assessor's Map 3 , lot 79 )
Lot area: 11,400 square feet from 15, 000 square feet
Lot width: 50 feet from 100 feet
2 . 22 Barnes Circle, Salem, MA. (City of Salem
Assessor' s Map 3, lot 88)
Lot width: 59 feet from 100 feet
3 . 20 Barnes Circle, Salem, MA. (City of Salem
Assessor's Map 3, lot 89 )
Lot width: 66 feet from 100 feet .
2 -
Petitioner requests that the variances requested be
granted upon a finding by the board that special conditions
and circumstances exist which especially effect the parcel of
land depicted by the plan of land marked as Exhibit B in that
the topography of the land is irregular and such irregularity
does not exist generally in this zoning district.
Furthermore, that enforcement of the provisions of the
ordinance would involve substantial hardship to petitioner
because the land will not be developed for a use that is
reasonable and consistent with the character of the
neighborhood and that the desired variances may be granted
without detriment to the public good and without nullifying
or derogating from the intent of the zoning-by-law because
the proposed use, single family house lots, is consistent
with the existing zoning scheme.
The neighborhood in which the subject property lies
consists mainly of single-family homes , a substantial number
of which are on lots significantly smaller in size than those
depicted by Exhibit B. The public good will be served by the
construction of additional single family homes in this
neighborhood as it will make productive use of what is
presently vacant land and will serve to further stabilize the
character of the area. The present ordinance permits the
- 3 -
proposed use; granting this petition will neither derogate
from the existing ordinance nor be harmful to the public good.
Therefore, Petitioner requests that the variances be
granted so he may usefully develop this property.
Respectfully submitted,
Paul Ferragamo, Trustee of
the Ferragamo Family Trust,
By his Attorney,
William H. e n III
BBO#: 457060
PEARL, McNIFF, CREAN, COOK & SHEEHAN
30 Main Street
Peabody, Massachusetts 01960
Telephone: (508) 531-1710
Fax No: ( 508) 531-4895
Dated: September 29 , 1993
- 4 -
/e o-
q PIP
?p 6�
\ 00
e + optv
6 \
d 4bN
eee X02 05�5° bry ery w / /OF
/ - ? op Ery • °1 s
.4e� ` .ppp O,� ery QGV
c 0 O
50 q\ .• 9d)
P as 4 C& bti 5
/ 'yap .mss F
bg FF��5° ery e
^ OA- O
.� sq of e" O
0P e
6• e
- e
/ 89
/4,669 6• +,
ry o 0
p S/
� ?s?6 88 �+
!/ ai h
6,0 2/ 926 '+B a REV. BY
�\` V
to REV. BY
19 \\ oo >� �28ea 8e ' ��� REV. BY
I 1 O �o carr s `
60 so s fM 9B 6 6: REV. BY
CLARK ' 6o 00 0 9 e
)''o
6 S000
/38
)
a sgo 83 e�
40 84
e? _ 00
�os
so r Sr fT eo A O
., so
9 ,e to ','
-904C so
le T % io zz /60000
131
/6/61
122all
V —
b
/0?
\p2 „i, _ 132
' /.05 Ac
d
006
AC
1W
It
d y`p a REV. BY <
\\10 q,� y���' REV. BY
6
2q9 Z\oP°o �yc�, j5�6 REV. BY
1 U
APPEAL CASE NO. . . . . . . . . .. . . .. .. . . . . . . .
i 01Yttl of '�$ttlPm, � tt8 gFiL lISP S
n e
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . .7. .Clark .St...,. .22. & .20. Barnes. .Cirr-le. . . . . . . . . . . . . .Street; 7onina DistrictE.-.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 N
m
n � w
EYt n
x
m a
cn w
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See attached Statement In Support of Petition
For Variances
C7' Paul Ferragamo, Trustee of
UJ
w Owner. . . .The, F�rragamo ,Family, T
m
e9 U' wa Address. . 41.% jjighland, Ave,..,. .
U!
Telephone. .( QU. 745-0869
_
od , PetitionerPaul. m
. . . . . . . . . . . . . . . . .
Address. . 419 .145.4land .Aye.. c . Sa1emr MA
Date. .SeRtember . 29.,. .1gP3 Telephone. .( 508 ) 745-0869. . . . . . . . . . . . . . . . .
By William H. 9ee1h5i'III
Att rney for Paul Ferragamo
Three copies of the application must be filed with tie 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.
0
� o
o z c
n
y
as .
C N
O c/
W t
o Q Qo CD n u m0 Ln
ti CCi
W O O O O O uj Oma' Li W z
s N m m m m m C!) Cn CN Q I C
C'J
\�y0� m m m m 0o m m m
�
hQ oo oB W W W w — M b Wcli
— 753,500E
�C O(1to
!G: °, .S' N /, ,.• •° a OM b
(b 01
O S c C) 6 O'
CO
eo
N b
b
pp0 �O 0 �6 s SJR d N
02 B z2 CZ) 13
MJF
`90 31 6� V�
91
°r \ Cb mda a v~ f6j 60l N o0 00
Cb o O 0//
O
°r P b I-o 'FO O s o// w
6O
O j 1 �6` udo p
0s 9° V m ° e h$ o
a C)
O o
Q)
°r is °
CV 0
' . ry, cq
Y, O 64
h O N
CP
C V m
g�sP (--
� \ryC E�l — O en
n
CV ci
° N
tm °`Fb
LOT 74
LOT 90
3, 641 z
LOT 75 LOT 89 '2vt
A EA -
15 , 0 Oc S .
N c)
6,
1 r7b p /
M
LOT 88 So,
AREA = ,
15 , 000 S . F .b� ;x
LOT 76 (ryr)
LOT 87
LOT 79
AREA =
113400 S . F .
LOT 77
G G
p p
LOT 78 LOT 80
s
. N
2a OWNER OF RECORD PAUL FERRAGAMO
+� ASSESSORS MAP 3
so.00' LOTS 79, 88 AND 89
CLARK STREET
ZONING DISTRICT R-1
RESIDENTIAL
REQUIRED LOT 79 LOT 88 LOT 89
LOT AREA 15,000 S.F. 11,400 S.r. 15,000 S.F . 15,000 S.F.
LOT WIDTH 100 FT. 50 FT. 59 FT. 66 FT.
FRONT YARD 15 FT. 15 FT. 15 FT. 15 FT.
SIDE YARD 10 FT. 10 FT. 10 FT. 10 FT.
REAR YARD 30 FT. 30 FT. 30 FT. 30 FT.
!
�4 `� , z
�Tf j �Lb 1 •e
�a. a PLAN OF LAND IN
SALEM , MASSACHUSETTS
PREPARED FOR
In rVl PAUL FERRAGAMO
PREPARED BY
ABBA CONSULTING GROUP, INC. - STEPHEN T. LaMONICA PLS
100 CORPORATE PLACE, PEABODY, MA (617) 334-3072
SCALE: 1'' - 40' DATE: JANUARY 22, 1993
IZEVIsE� : >JEc. T, 1993
133
-,69
24394
pp�p
C �0 6`
e t O
/ 'y0 •/�/O C� y�
sJ V 00
0
bti�
00
IQ 0
O
°°
/
O
1�P \600 soo
°"
/.yy c/T / Oh
b b
y1 \
Cp b" O
A� ��CP
/0 bb °
/ 89 \�pp s P
14, 669
S. E.D. 1989
B.O.A. 1988
/ 1 ?688 ' N ?9 B.O.A. 1987
J
% 4c 2/, 926 ze ,�\\ 9� ^ ill' REV. BY B.O.A. 1986
°Om REV. BY B.O.A. 1985
\ \
87
a ��� � '—
v Soo /2983 e ° REV. BY B.O.A. 1984
pr
of es r �` REV. BY S.E.D. 1982
� � 0 P 9169
��; _
es so
/ ! 79 34tEm Jc
CLARK a So soo 80 8g
n ° 60 o soo 138 10,900
0
6 so 55p0 /381 83 b"
5 e °O Soo 84 b
\ 0 6
°o
\/ 5p ,E s r��E r SO \a4
q 5p �9 'a 33 2a `yE
12j / 5° 6 EI
/,yO4 a„�69 . . 123 a 0 50 .e 130 106
100 PO zz /6000 IM45 _
131
�0 16/63
122
/2733 0 �, IL
\\\^\\J $ so 51 101121
1 12d4p
J
/9,000 9lIf- ?� ;oAZ332
— 1,03 ac S.E.D. 1981
a \\006 II,,, _ S.E.D. 1980
1.13 A s — iW. AVI S 1979
0 0
AVIS 1978
0 —
�� �g2 REV. BY AVIS 1971;
15pi
REV. BY /// /974
'u� \\'l 00 �ZG� 1�p56 REV, BY AVIS /973
Z00 y
1L�
AUZ, V
0
0
3565 480 0
._ 544,500 N LAST NQ USEC139
.o LOTS 126,136 `CT U1EC
4 8
3 7
� � 11
N
LOT 74
/ LOT 90
\ 706 �
z
LOT 75 LOT 89 FT�
AREA = un
15 , 000 S . F .
E
LOT 88
AREA =
15 , 000 S . F .
LOT 76
LOT 87
LOT 79
AREA =
117400 S . F .
5 .00,
LOT 77
b r�
v o
LOT 78 LOT 80
OWNER OF RECORD: PAUL FERRAGAMO
ASSESSORS MAP 3
n 0o LOTS 79, 88 AND 89
CLARK STREET
ZONING DISTRICT R-1
RESIDENTIAL
REQUIRED LOT 79 LOT 88 LOT 89
LOT AREA 15,000 S.F. 11,400 S.F. 15,000 S.F. 15,000 S.F.
LOT WIDTH 100 FT. 50 FT, 59 FT. 66 FT.
FRONT YARD 15 FT. 15 FT. 15 FT. 15 FT.
SIDE YARD 10 FT. 10 FT. 10 FT. 10 FT.
REAR YARD 30 FT. 30 FT. 30 FT. 30 FT.
�tit OF��,
STEPHEN V PLAN OF LAND IN
Na32� a SALEM , MASSACHUSETTS
PREPARED FOR
PAUL FERRAGAMO
PREPARED BY
ABBA CONSULTING GROUP, INC. - STEPHEN T. LaMONICA PLS
ZZ-93 100 CORPORATE PLACE, PEABODY, MA (617) 334-3072
SCALE: V = 40' DATE: JANUARY 22, 1993
ilIil!� If1 I'
N
LOT 74
/ LOT 90
E4
z
LOT 75 LOT 89 r Fl�
AREA -
0 -
15 , 000 S . F .
LOT 88
AREA =
15 , 000 S . F .
LOT 76
LOT 87
LOT 79
AREA =
11 , 400 S . F .
LOT 77
O ('j
O O
LOT 78o g LOT 80
OWNER OF RECORD: PAUL FERRAGAMO
ASSESSORS MAP 3
sn.no LOTS 79, 88 AND 89
CLARK STREET
ZONING DISTRICT R-1
RESIDENTIAL
REQUIRED LOT 79 LOT 88 LOT 89
LOT AREA 15,000 S.F. 11,400 S.F. 15,000 S.F. 15,000 S.F.
LOT WIDTH 100 FT. 50 FT. 59 FT. 66 FT.
FRONT YARD 15 FT. 15 FT. 15 FT. 15 FT.
SIDE YARD 10 FT. 10 FT. 10 FT, 10 FT,
REAR YARD 30 FT. 30 FT, 30 FT. 30 FT.
OF
T PLAN OF LAND IN
NICA
No. SALEM , MASSACHUSETTS
PREPARED FOR
PAUL FERRAGAMO
PREPARED BY
ABBA CONSULTING GROUP, INC. - STEPHEN T. LaMONICA PLS
zz-93 100 CORPORATE PLACE, PEABODY, MA (617) 334-3072
SCALE: 1" = 40' DATE: JANUARY 22, 1993
133 / /„ � � 69
9)
�� ..
0 6
P�
�/
0 6• e
s
/ X0000 �tij bry G
b° tee' eb 0��00
0 a h1
P
OP S �O bry 5 b �h Rro�i3
/ e 6 Ip ° o
/ 89
i 14, 669 a S.E.D. 1989
a a s� o6y 6 B.O.A. 1988
% / 1 '6 88 - N z, B.O.A. 1987
J Ob
<76
21, 926
'4C ee ,\\\ REV. BY B.O.A. 1986
1 —
°O m REV. BY B.O.A. 1985
\\\ 87 Jo
/298 @2 REV. BY B.O.A. 1984
? 500
0 8g C0
°� e6 REV. BY S.E.D. 1982
O P
i26 S.4CEM
cLqR 'so 50 -,%000 9 80 / 8S
n K 6° Soo0 5138 °9p0
3 ° 6 3pp /S0 °8� 83 ea
Ti a 400 84 e
rQ 0 4 8, /9 I tioe i 00,
6p0 ry ST� 60 \dd V
q 50 EET9 rp JJ ,fid `fie
O 50 OAC 6 2r
/9 4C 5p re O 130 106
23 a loo 2'� 16000 15145
131
16/65
122
12753 O 4 —
1o? — 1llL
640
16,2000 9�f '�, \\A23 \/ — All, — _ 132 S.E.D. 19fJ1
o � ,0 _— 1,05 AC
\\N06 II _ S.E.D. 1980
IZ�AC P g0 — AVIS 1979
o _
li
AVIS 1978
�ls DC) REV. BY AVIS 1916
REV. BY 1111974
AtucA — \2 960 \\,� QO FyG� ;5p56 REV. BY AVIS 1973
— Zoo OLA
-LLLL, m � W
ul
\ 0 °
35T 2 1a60 m
544,500 N LAST NQ USEC132
• so LOTS 126, 156 ICT U'kL'
4 8
1 3 7
( 1 ^ 11