CLARK AVENUE - COLPITTS, DAVID & PAULA - ZBA (2) i _ 1ir
i Clark Ave. Lots 114,115 R-1 — -
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DECISION ON THE PETITION OF DAVID & PAUL COLPITTS FOR VARIANCES
AT CLARK AVENUE (R-1 ) ,
A hearing on the petition was held March 25, 1987 with the following Board
Members present: Edward Luzinski, Vice Chairman; Mr. Fleming, Associate Members
Dore and LaBrecque. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioners, represented by Attorney John Vallis, are requesting a variance
to divide seven (7) existing lots on Clark Avenue into four (4) lots, one of
which will not have the required frontage or lot size. The property is located in
an R-1 zone. The one (1 ) undersized lot would contain ninety feet of frontage
and have 14,800 square feet of land.
The Variance which has been requested may be granted upon a finding of the
Board that:
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a. special conditions and circumstances exist which especially _affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
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intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition presented at the hearing;
2. Three neighbors spoke in favor of the petition;
3. The requested variance of ten ( 10) for frontage and two hundred (200)
square feet for lot size is a minimal deviation from the requirements
of Table I, Salem Zoning Ordinance.
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On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which affect the subject property but do not
a affect the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without substantially derogating from the intent of the
district or the purpose of the Ordinance. y '
DECISION ON THE PETITION OF DAVID AND PAULA COLPITTS FOR VARIANCE
AT CLARK AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
petitioners the requested Variance, subject to the following condition:
1 . The petitioners must submit their plan for subdivision to the
Salem Planning Board for their approval.
VARIANCE GRANTED
11 ames M. Fleming, Esq.
Member, Board of Appeal
A COPY OF THIS DECISION. HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROiA THIS DECISION. 1: ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUFS"NT TO MASS. GENERAL LAMS. CHAPTER 808, SECTIOi1 11. THE VAMAA-E OB SPECIAL PER%SIT
GRAY TED HER"c16. SHALL NOT TAKE EFFECT UNTIL A COPi OF THE DECIS:J!:.'BE�.1,i;S THE CERT
FL'ATI"'ri OF THE CITY CLERK THAT 20 CAPS HAVE ELAPSED AND NO APPE%L HAS DEEii FEED,
OR THAT, IF SOCK AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS:.fISSED OR DE,'!ED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND It.DEYED Ui;s7E THE NA::,E OF THE OY1I;E:^.
OF RECORD OR IS RECORDED AND NOTED ON THE OW'NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL