5 CLARK STREET - SEARL, PAUL - ZBA 5 CLARK ST, R=i
Paul Searl (petitioner)
Ferragamo Family Trust (owners)
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F5 CLARK ST. R-1
Paul Searl (petitioner)
Ferragamo Family Trust (owners)
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�3narb of 4peal FE3 3 3 31 PH '81
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DECISION ON THE PETITION OF PAUL SEARL (PETITIONER) , FERRAGAMO
FAMILY TRUST (OWNERS) FOR VARIANCES FOR 5 CLARK ST. CITY ct V--"SS.
A hearing on this petition was held January 21 , 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, and Strout.
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 requests a Variance from all applicable density requirements to
allow construction of a single family dwelling on this undersized lot. Said
property is located in an R-1 district.
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 and 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 of 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:
is in keeping with other lots in the vicinity;
The size of the lot g
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2. Single family home, as per plans, would be in harmony with the
neighborhood and would enhance the City of Salem tax rc_-i;
3. If a single family house is not allowed to be built the lot would
have no value;
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 especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF PAUL SEARL (PETITIONER) , FERRAGAMO FAMILY
TRUST (OWNERS) FOR VARIANCES FOR 5 CLARK ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1 . If blasting is necessary, permits must be obtained from the Salem
Fire Department prior to any blasting;
2. All necessary building permits must be obtained prior to construction;
3. Plans are to be presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit;
4. The proposed construction shall conform to all applicable provisions
of the Massachusetts State Building Code, the Salem Fire Prevention
Code, Salem City Ordinances and Massachusetts General Laws, relative
to fire safety;
5. Proper street numbering be obtained from the City Assessor;
6. A Certificate of Occupancy be obtained.
VARIANCE GRANTED 1 /
Xames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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