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0 CLARK AVENUE - BUILDING INSPECTION (2) APPROVAL NOT REWIRED UNDER Ss THE SIIBD/V/S/ON CONTROL LAW SALEM PLANNING BOARD 2�F DA TE: F Qn'�/may 8 S1:7,F-C14L NOTE- NO TES - /o APPROVED BY THE C/TY OF SALEM ZON/NG /. L OT/AND L OT 3 ARE TO BE COMB/NEO BOARD OF APPEAL S ON 6/3/92 AND TO FORM ONE CONT/GUOUS L OT. RECORDED/N THE SOUTH ESSEX REG/STRY OF DEEDS/N BOOK//387, PAGE/48. 2. L OT/ON THISS PLAN/ SHOWNSLOT A /2/ ON ASSESSORS MAP 2 ti J. L ON ASSESS R SEMAP02N AS L OT/22 R /p� Or� 4. LOT//S AL SO SHOWN AS LOT/320N 3 97. S,F L.C. PLAN 7/59/3 to p 0 p 5 EASEMENT SHOWN/S FOR THE SENEF/T OF v N LOTI OFLOT3FOR ASLONGASRUDOLPH8MARY GROW/TZ RES/DE THERE. 0 0 /8,435± 5.F. 6. THIS SUED/V/S/ON/S INTENDED TO SETTLE h ' OUT OF COURT AN AO VERSEPOSSESS/ON Cl AIM CL: _ BY THE OWNERS OF L OT/FOR THE POR TION - I - - OTJ THE rill SETTLEMENT BENG AGREEO TO BY BOT/-/ PART/FS TO SAVE FURTHER FINANCIAL HARD- ICOURSMF T ROCEEO ,/NGSCASE WITH FURTHER NO O y Z �$ Qn I & Mary 6rowllr M o RuaolPl' Dav/d Rosso M ry \ b 3 o NO. 2 N h I y 0°,� �' Q ��� SUED/VIS/ON OF LAND 1 EXISTING 0 1 DRIVEWAY'. , tie 0 °i enl / •� em � N s y m p ' LOf 3 See pel F2 '� y n c . SALEM, MA gee t r • PREPARED FOR C[ /63p'E S �' . 29 �''o .�. lfN7a r� ��n � .,'�� AqS A`E N 33 DA V/D RUSSO & o � g9os s RUDOLPH & R MAY GROW/TZ DETAIL F �� / CERT/FY T THIS PLAN CONFORMS TO THE RULES N. TS THA AND REGULAT/ONS OF THE REGISTRY OFOEEO5 SCALE /" = 20' FEB. /5, /992 CLARK . LANDMARKENGINEERING DENNIS ,/ M ANUS, PLS 8 SURVEYING, INC. 583 CHESTNUT STREET LYNN, MA 0 /0 20 40 60 80 ,III Ctg of �$trlrnr, cIIHttssadjusetts J 3.+ Pluming Puarb '�C�1NNL Out $alem (preen FORM A - DECISION " §" Q rnMtri — Ms. Josephine Fusco A" City Clerk Nn o Salem City Hall o n r Salem, MA 01970 n- r cn I- mn Dear Ms. Fusco: N Ls At a regularly scheduled meeting of the Salem Planning Board held on June 30, 1992 it was voted to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: 1 . Applicant: David Russo/Mary 6 Rudolph Growitz 0 Clark Avenue 2. Location and Description: Change in a lot line between 0 and 2 Clark Avenue,as part of a settlement of a Superior Court adverse possession claim. Deed of property records in Essex South District Registry. �Sincerely, Walter B. Power, III it Chairman EX\DH\BPFORMA t Tits ofttssrztlTusetts � - : ,s Boarb of AupejUA 17 304 PN 92 CITY OF SALEM. MASS CLERK'S OFFICE DECISION ON THE PETITION_OF DAVID_RUSSO/-RUDOLF AND MARY GOWITZ FOR A VARIANCE AT 0 AND 2 CLARK AVENUE ( R-1 ) A hearing on this petition was held June 3 , 1992 with the following Board Members present : Richard Bencal , Chairman; Richard Febonio, Francis Grealish, Edward Luzinski and Stephen Touchette . 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. Petitioners , owners of the property, are requesting variances to divide land at 0 & 2 Clark Ave . The property is located in an R-1 zone . The Variance which has 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: 1 . The petitioner, David Russo, is the owner of the land and dwelling situated at and known as 0 Clark Avenue, Salem, Massachusetts. 2. Said dwelling is a single family, constructed in 1988 in an area zoned for single family. 3. When constructed said dwelling conformed with all building regulations and zoning requirements of the City of Salem. c DECISION ON THE PETITION OF DAVID RUSSO/RUDOLPH ANS/ MARY "/I GROWITZ FOR VARIANCE AT 0 AND 2 CLARK AVE . , SALEM N 17 page two C!T 3 04 YOFS+r _ Z 4. Prior to construction a dispute arose between Mr. Russo A& 41lgh , & Mary Growitz, owners of 2 Clark Ave. , regarding sideline boundary.- F/C'f'.f"s �,r 5. Unable to resolve said dispute, Civil Action was filed in Essex County Superior Court which sought to establish a claim of adverse possession by the Growitz's for portion of land whose record title was vested in the petitioner. 6. The petition has been filed in conjunction with the resolution of the pending civil litigation. 7 . Petitioner David Russo seeks variance to allow conveyance of parcel shown as Lot 3 on a plan entitled "Proposed subdivision of Land in Salem, MA Prepared for David Russo and Rudolph and Mary Growitz, Scale 1" = 20' , February 15, 1992" to said Growitz's. Said conveyance would leave less than the minimum lot width as set forth in the Zoning Ordinance. 8. Appearing in favor were petitioners Rudolph and Mary Growitz. No one appeared in opposition to said petition. 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, 5-0, to grant the variance requested, subject to the following conditions : 1 . Petitioners shall comply with the plans and dimensions submitted to the Board of Appeal . DECISION ON THE PETITION OF DAVID RUSSO/RUDOLPH AND MARY GROWITZ FOR VARIANCES AT 0 AND 2 CLARK AVENUE, SALEM JUp �/ page three C"I OF S Py X91 CLER� At D4 F,•i. F VARIANCE GRANTED v ()FF,(,,F June 3 , 1992 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 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 KEVIN T. DALY ?� w;'� //J/{yy{am�,, LEONARD F. FEMINO ASSISTANT CITY SOLICITOR i �,.��? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �n•,m�'\" 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET SALEM. MA 01970 CITY SOLICITOR BEVERLY. MA 01915 745-4311 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET June 6 , 1988 L_ tj CID William H. Munroe, Zoning Enforcement Officer City of Salem One Salem Green Salem, Massachusetts 01970 ' Ret'0_Cla_rkiAve,_S-alem,-- sachuset_ts (Assessor' s Map 3 , Lot#12.2 ) Dear Mr. Munroe: You have requested my opinion whether or not the above lot of land containing 12 , 753 square feet of land should be afforded the protection of the first sentence of the fourth paragraph of GLc40A §6 set out as Section VIII (B) ( 1 ) in the City of Salem Zoning Ordinance. It appears that the lot in question conforms to all the requirements of the existing zoning ordinance with the exception of the area and frontage requirement. An examination of the records at the Registry of Deeds indicates that the most recent instrument of record prior to August 27 , 1965 (effective date of the zoning ordinance) indicates the lot was separately owned and it has retained it' s separate identity since that time. In addition, it has a minimum of 5 , 000 square feet of area and 50 feet of frontage. Accordingly, in my opinion, the parcel' should be afforded the benefit of the "grandfather" provision of`GLc40A�§6 as enumerated in Section VIII (B) ( 1 ) of our Zoning Ordinance . Ver"x truly yours ,,. % l All Michael E. O' Brien City Solicitor MEO/jp e�mmrt't4 KEVIN T. DALY � vq{' —`� LEONARD F. FEMINO ASSISTANT CITY SOLICITOR p _,l1? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 745.4311 CITY SOLICITORINGTON STREET 745-4311 745-0500 93 WASH921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO SI WASHINGTON STREET C^ June 6 , 1988 O-' p CD William H. Munroe, Zoning Enforcement Officer City of Salem One Salem Green z� Salem, Massachusetts 01970 w Re : 0 Clark Ave, Salem, Massachusetts (Assessor' s Map 3 , Lot #122 ) Dear Mr. Munroe : You have requested my opinion whether or not the above lot of land containing 12 , 753 square feet of land should be afforded the protection of the first sentence of the fourth paragraph of GLc40A §6 set out as Section VIII (B) ( 1 ) in the City of Salem Zoning Ordinance. It appears that the lot in question conforms to all the requirements of the existing zoning ordinance with the exception of the area and frontage requirement. An examination of the records at the Registry of Deeds indicates that the most recent instrument of record prior to August 27 , 1965 (effective date of the zoning ordinance) indicates the lot was separately owned and it has retained it' s separate identity since that time. In addition, it has a minimum of 5 , 000 square feet of area and 50 feet of frontage. Accordingly, in my opinion, the parcel ` oul`d=be-3afforded the benefit of the "grandfather" provision of GLc40A §6 as enumerated in Section VIII (B) ( 1) of our Zoning Ordinance. r truly yours, it ichael E. O' Brien City Solicitor MEO/jp �,cmv¢tyy. f K KEVIN T. DALY oA w,{y LEONARD F. FE MING ASSISTANT CITY SOLICITOR � -�. "�P? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET SALEM. MA 01970 CITY SOLICITOR BEVERLY, MA 01915 745-4311 745-4311 93 WASHINGTON STREET 921-1990 745.0500 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTONSTREET June 6 , 1988 William H. Munroe, Zoning Enforcement Officer City of Salem --One Salem Green Salem, Massachusetts 01970 Re 0 Clark Ave, Salem, Massachusetts 6 N`� –'(Assessor s Map 3 , Lot #122 ) pLl Dear Mr. Munroe: DA✓m torJtl G c�ei✓ UNIT <<V, You have requested my opinion whether or not the above lot of land containing 12 ,753 square feet of land should be afforded the protection of the first sentence of the fourth paragraph of GLc40A §6 set out as Section VIII (B) ( 1 ) in the City of Salem Zoning Ordinance. It appears that the lot in question conforms to -all the requirements of the existing ,zoning ordinance with the exception of the area and frontage requirement. An examination of the records at the Registry of Deeds indicates that the most recent instrument of record prior to August 27 , 1965 (effective date of the zoning ordinance) indicates the lot was separately owned and it has retained it' s separate identity since that time. In addition, it has a minimum of 5 , 000 square feet of area and 50 feet of frontage. Accordingly, in my opinion, the parcelshould–be–_a-f-for_ded the benefit of the "grandfather" provision of—GI;c4-OA� $6 as enumerated in Section VIII (B) ( 1 ) of our Zoning Ordinance . Very truly yours,, Llifav 1 Michael E. O' Brien City Solicitor MEO/jp �owtk BOARD of ASSESSORS ` "' n je 93 WASHINGTON STREET. CITY HALL, SALEM, MASSACHUSETTS01970 (617) 744-0660 3 'Pfr,ntn'Et�' July 22, 1987 Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 Dear Mrs. Fusco: Please be advised that the single family house to be construc- ted on Assessors' Parcel #03-0122 has been assigned the street address of 0 Clark Avenue. Very truly yours, Peter M. Caron Chief Assessor PMC:mj g cc: Postmaster Chief Joseph F. Sullivan, Fire Department Margaret R. Hagerty, Principal Clerk-Water Dept. AjVilliam H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem Mr. David Russo, 6 Loring Hills Ave. , UE-4, Salem