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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,
Walter B. Power , III
Chairman
EX\DH\SMC7CLRK
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
PAUL FERRAGAMO, TRUSTEE
OF THE FERRAGAMO FAMILY
TRUST,
Plaintiff * CIVIL ACTION
* NO. 92-2097
V.
*
RICHARD BENCAL, ET ALS
AS THEY ARE MEMBERS OF
THE SALEM BOARD OF APPEALS,
Defendants
* * * * * * * * * * * * * * * *
DEPOSITION OF EDWARD J. LUZINSKI, a witness
called on behalf of the Plaintiff, taken pursuant to Notice
under the applicable provisions of the Massachusetts Rules of
Civil Procedure, before Frank B. Brown, Verbatim Voice
Reporter and Notary Public, in and for the Commonwealth of
Massachusetts, at the offices of Pearl, McNiff, Crean, Cook &
Sheehan, 30 Main Street, Peabody, MA, 01960, on Monday,
December 7 , 1992 , commencing at 2 : 15 p.m.
ADVANCED
Court & Conference
REPORTING
382 Lebanon Street
Melrose, MA 02176
(617) 662-3444 1-800-244-3428
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1 THE WITNESS: We're still looking for 15,000
2 square feet or trying to get to that point where
3 15,000 square feet is a desirable lot. A 5, 000
4 square lot, if you went there yourself and looked
5 at them, that doesn't give you any room at all .
6 And I think the quality of life is hampered by
7 having a smaller lot. A 10,000 lot is just fair;
8 you could probably have a garage, a front yard,
9 and a back yard. But with 5, 000 square feet,
10 you're sitting on top of your neighbor. You don't
11 have room for a driveway or a garage. And I think
12 that's really the basis .
13 Q So, as I hear your testimony, Mr. Luzinski, you don't
14 think it would be unfair for Mr. Ferragamo to be able
15 to build two houses on that Parcel 79 , 88, but you'd
16 rather see it divided not 5,000 and 21, 000 square feet,
17 but more like half and half?
18 A Yes . That would be more agreeable to the city
19 standards, on what they were pushing for.
20 Q Now, you also concluded in the Masellas ' application
21 that the variance could be granted without substantial
22 detriment to the public good. Now, would you agree
23 with me that, in light of your previous testimony,
24 which I 'm not disregarding now, but that the 5, 000
ADVANCED court &
(617 ) 662-3444 conference REPORTING 1-800-244-3428