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201 FAYS AVENUE - BUILDING JACKET 2-01 FAYS AVENUE I .a BK• 43 �L • 4 � i i4 b •lb b/bObb • �r lb • a •4 � yy .D 7 p3 sVED •iIrp Now ft" IL 2p 4e.-. �'x'xtw u"�'t` .°��`�3���il�� s��"3� 91��fitfiT' � pi^ ���5�.� :J��`x'_" � ...nw aL5'"r•+�i'.�s�fr:: t7 ii 1 { 1 , i t (T 11 / e ` J . \ a ' ���• A y tel^ h - 1 _..✓ `a. �/ _ 1 mF .. 4.68 AC -, C A M P_ ...1 10 N G.S A. a'-�•L / PARK. zi Y I 1 19085 i \ 4 00 44/0 ZOO / 4800 /2h ez,s Fq ys q L,Y�yN S 191 tte �t ,... r.r ....�. _..n-� a:S-a_. _+tr.•_ r _. . ,..�:r.,.tr•i :. . . ,._sv� �/3.�.,� -�:..3_. 4a`.+ i kr +q. `` .s4..t- air 6 4.68 AC CA-MP LION . G.&A. PARK..._: 2 ; , 19 085 5 REV. BY S.E.D. 19E 00 4 4410 3 4600 REV. By AVIS /9; 60-S ISA M, LYNN t9l 544,500 N LAST NUMBER USEI ND City of Salem �0�- ward ui APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT•Applicant to complete all Items in sections: 1, it, lit, IV, and IX. ZONING I, AT(LOCATION) Z 0 I 1V v � DIST RICT LOCATION NO1 t LU'C--ETI` 2� AND OFLOT GETWEEN // TT BUILDING KLi L L� 7q P t LOT BLOCK SUBONtSIONIL TYPE AND COST OF BUILDING _ All applicants complete Parts A - DA. TYPEOF IMPROVEMENT D. PROPOSED USE•FOR••DEMOUTION••USE MOST RECENT USE 1 IJ'�Naw Duedlng RHidsnnal Nonresidential 12 One lama I8 ❑ Anusernenl.r2 I] Addhilcn of nesdentat,onto,numbs/of now yhousing unrrs added.n any,m pan D. 131 19 ❑ Chruch.other 13 ❑ Two or mora lamoy•Ender number 2D Q Irdualnal J ❑ Aaeralx,n15oe 7 abovof of un" _--________–_–_.____.— 21 Parking gang 4 ❑ Reo.au reotacUment 14 ❑ Transwl hotel.=let.or dorrnd0ry• 22 ❑ Service station.(spite ganga Enter number of units 5 C] wrockrg(n mundanN nsdonfia/,enter num0or 23 ❑� 7Hospital,Institutional of unrrs rn Wdding rn Part D. IJ) 15 ❑ Gangs 24 1I Office,bank.profossorW 6 ❑ Moang(relocation) 16 ❑ CarPW 25 ❑ Public uldily, 1 26 0 School,library,other edutitl0nal 7 ❑ Foundaton only 17 ❑ Other•scecey 27 ❑ Stores.mmeanlile B.OWNERSHIP 26 ❑ Tanks.lowers a Pdvale J.n vidual,corporation.r0npr0f4 29 ❑ Other•SP0cdY Insidulon,etc.) 9 ❑ Publa IFedenl,Slate,or IOC31 90vemment C.COST (Omd conts) Nonresidenlal•Deserbe in detail proposed use of buildings.e.g.food pr0wang dant, machin,shop Laundry building at hospital.obmenUrY school.secordwy school,ooiwp. parochial shod.parking garage for dopa une,d stere.rental office building.office Wilding 10. Cost of irnpro"ement __—_—__--_–__-- s at irAWI I dant.b hue of existing building is berg changed.enter proposed use. To be installed Wf net included �/-(ill/ 7�M�L� �Gi r'e7 �✓� I in the abo"cost __--._–_– a. Etoclrcal �./ b. Plumbng ---_— / 1 o c. Fleeting.Lar conditioning d. 00,0(1e4e191er,elc.l.------- ffi(o 1. TOTAL COST OF IMPROVEMENT DDO III. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E- L;demolition, com late onl Parts J 8 M, all others ski to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF H ATING FUEL OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 70 ❑ Mlssor'rY(wen beara,q) JS Gas 40�Pubiic or pmnle cgmpahY Will Ih Ko be cenbel Lar . condllaning7 . Jl Wood iram0 J6 ❑ Oil 41'❑ PrNate(seppo.ank dist 44�Ves 45 ❑ No x 32 Strsrdval Bled 37 ❑ E `t`dy H. TYPE OF WATER SUPPLY JJ ❑ Ranlarced fgnbfeie 30 ❑ Coal Will there by an aiwawi yl ❑ OgW.Spec/,. J9 ❑ Other•Spxify 42 Public a privets oonlpeny 40 ❑ Vas• 47 No 43 ❑ Plf la(well cistern) J.DIMENSIONS -�� ao Nombet a slunea .............._._..._.__.._.._..._..._.. M. DEMOLITION OF STRUCTURES: 49. total a ata feel of r.,areaV71 Has A all Ilms.based M e.ieno, a o 3 Approval from Historical Commission been received m nems ,s ....................._.—..___._..._..__...— for any structure over litry(50)years? Yes_ No_ ,D lam land aam so.n......«_I..D._g_�_ Dig Sale Number N.NUMBER OF OFF-STREET PARKIN SDA 5 Pest Control: V Z LI HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? ss. Oulddots._.-_k�_t2...._.--- .... __ Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed___..._..._--.— Electric: .\ Gas: Fen two Sewer. SA. Numbet of balmdoms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No-Y- (Ifyes, please enclose documentation from Hist. Com.) Conservation Area? Yes_ No 11 (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes No_ Is property located in the S.R.A. district? Yes ., No— Comply with Zoning? Yes-X No_ (If no, enclose Board of Appeal decision) Is lot grandlathered? Yes-X No_ (It yes,submit documentation/if no, submit Board of Appeal decision) If new construction. has the proper Routing Slip been enclosed? Yes X No_ Is Architectural Access Board approval required? Yes_ No (If yes,submit documentation) Massachusetts State Contractor License # Salem License # )— Home Improvement Contractor # Homeowners Exempt form (if applicable) Yes✓ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX (6)MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: C 1 an extension is necessary, please submit Q.� A \ Z—0 V\ T U o1s 1 In writing to the Inspector of Buildings. 'p—c c,o Ci, V. IDENTIFICATION _ To be completed by all applicants J Name Mailing address•Numeet.sfleel.cM•and state ZIP Code TN.No. 1. �� ���e� �. r CTIcLo ')�(I an Om of q Lassais 2. .Q'r e A z o S P'1 �L-C - z�,r' C J" Cenlractdt Ce VIA . e b-� d� Lx No. 05381 t-f B. 1 L 1 2 Ncnnal of , t �o�r v '�O`i- Engalee, 3)g2-z3 1 hereby certify that the proposed work is authorized by the owner of record and mat I have Deen authorized by the owner to make this application as his aulhonz dMoN and we agree to conform to all applicable laws of this lunsdlctlon. I Signature 01 appbcam Address (� Application dale c 1 � ADp S DO NOT WRITE BELOW THIS LINE VI. VALIDATION FOR DEPARTMENT USE ONLY Building Permit number Use Group Building Permit issued y�///yyy ^ 19— Fire Grading Building }� v Live Leading Permit Fee $ (( v Occupancy Load Certificate of Occupancy $ Approved b� Drain Tile $ �— Plan Review Fee $ TITLE NOTES AND Data • (For department /use) �/ '��'✓ 5. � /e l (mom / //O e r kr� PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by. Completed by. VI ZONING PLAN EXAMINERS NOTES r DISTRICT USE 1� FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use � Or S`o 0 J\s I ON Co f / ti I �4°x DlTy. � O _ � 4 n { RICHARD W.STAFFORD CITY OF SALEMtile, 117 �3 � �+ 1 MARY P. HARRINGTON CITY SOLICITOR MASSACHUSETTS Cv f ,#3 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET RE gJ-bE 93 SALEM,INTON GREET SALEM,MA 01970 �'7T,�o � '�,6ppMA 7454311 !( J �,'1+'1 7454311 July 19, 1983 Mr. Norman Clark 9608 39th Ave. S.W. Seattle, Washington 98136 Re: 201R Fays Avenue, Salam, Massachusetts Dear Mr. Clark: Thank you for your letter dated July 5,1983. I am advised by the City of Salam City Engineer and Building Inspector that the lot owned by Mrs. Stanwood is a rear lot having no frontage on an approved way. Without the granting of a variance by the Board of Appeals from the provisions of the City's zoning ordinance, the lot would be unbuildable. I reaxmiend that Mrs, Stanwood retain a private attorney to represent her interests. Very ly yours, RICHARD W. STAFFORD City Solicitor RWS/lmc y J C.�,i}� wt7 ` �lffT�E- ;(JQjyi36 11-16 &G ,11(- :7 c-'w v-4r.,c =4 t,P 9 'p� �� dF- S44 C-4 �iy /.OGL RE � i�<P�s Y(S�' ✓aEIr7 � � �i;�,�iti ,SdZ;ErMlia�Q,ScS. �J / Q / ,oma! id.4r�rn/G o.✓ 77/C i3�f/p6 /J G� NIPS. ZXP-EA/l o frAA. H/o d Al C-/2 0 / A 1'441f C E G o> <./iAJ P K c10.aJ u �S Z,`�� ,,✓S �J C-, , �H G N✓/Y!i3 C-iL g D �.S //�/�C-A.�S cam.✓ TdJ E i iYfv17 Er6A 1 x? I DC Sir v d S of E VA VE,1.,;IG /-�Vs v LZo i°(5�iPTy Tb OW67 I woo tj) OUjp e2CCr IVKEs ,vC-a1i.oC �,�E � �;A4 l Tf/ o,J, / /hJ c2 D C-,,7, 76 /4 a d I D Ae 2 C-",� 71✓ w, �r 4Sr ✓ A ,41z/C'E 0/':'- ^:/w/ of e SS /-0 X? VTr AS tdC-6L ,CJs &.<fW6E / A/✓d Eq ✓Esir.✓4, 71 /9 Yocl Cj-4/l iFy Joc,-/ ,</ti //%s. Z e;wcle A (<✓sE Tj/E /ijoCEDdCE TG ISE i v � GVL✓ ED jc 99s - /1 0 y - r o o%s IY9os,,/— ,�c- �e,J,;1 X Co ✓VC /CID SIS C0i�DF79 �,L) 'Eo c; Nc, �IvSZ j?/JL C 3G of S 17 8, /9ZS , �C-4 's T�Z =✓ oma'" �C-E p r, ,SJL c M_ L /�<✓: CJ C Mr. & Mrs. Norman Clark 8608 39th Ave. S. W. Seattle, WA 98136 MA (flty of ttlpm, tts�ttL4�usPtts= `;'� G.F10E 3 ` e �RDttrb of �z ral I y9 .iG ! -2 -0 1: 12 DECISION ON THE PETITION OF MILDRED, SAMUEL & RICHARD VITALI FOR AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 201R FAYES AVENUE R-C A hearing on this petition was held on March 17, 1999 and continued to the May 19, 1999 meeting with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Michael Ward, Stephen Buczko and Ronald Harrison. 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 are requesting an Administrative Ruling in accordance with Section IX of the Zoning Ordinance and MGL 40A, Section 7 relative to use of the premises and enforcement of Section V-B (2) and VIII- E (6) of the Zoning Ordinance with respect to said premises. More specifically, the petitioners request the Board of Appeal to order the Inspector of Buildings to revoke the issuance of a building permit to allow construction of a new single family dwelling. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioners appeal the issuance of January 6, 1999 of a building permit for the construction of a single-family home at 201 Rear Fayes Avenue. Petitioners are the owners of the property that directly abuts the subject lot. 2. Petitioners argue, through their Attorney, Francis T. Mayo, that the permit was improperly issued because the subject lot lacks the required 50 feet of frontage on a public way. The existence of frontage sufficient to meet the requirement of the zoning ordinance appears to be the sole issue before the Board. 3. Mr. Kevin Buchanan, the owner under agreement of the subject lot, argued in defense of the issuance of the building permit, stating that the subject lot has a deeded right of way on an unimproved street with access to Fay Avenue. The unimproved street, Lakeview Road, is shown on an assessor's may for the City of Lynn and also on a plot plan prepared by a surveyor on or about June 21, 1982. DECISION OF THE PETITION OF MILDRED, SAMUEL & RICHARD VITALI FRO AN ADMINISTRATIE RULING FOR THE PROPERTY LOCATED AT 201 REAR FAYES AVENUE R-C page two 4. It is uncontested that the proposed or paper street, Lakeview Road, was never built. At some point a private road was created on the approximate locus of the paper street to serve the needs of an abutting property owner, the Lions Club of Lynn, which operates a children's supper camp thereon. According to Mr. Joseph Sano, Esq.of theCamp Lion Board of Directors, the existing road, John Cann Way, is a private driveway maintained by the Lions Club organization for their benefit and for the benefit of those entering the camp. 5. It is the position of the Camp Lion directors that their private driveway cannot be deemed to provide frontage for the subject lot because it is a private road rather than a public way, and because it may not be coterminous with the street shown on assessors mays and deeds for properties. It is their position that some part of the subject lot does not directly abut upon John Cann Way, the existing driveway. 6. On May 15, 1999, the Board of Appeals made a site to the subject lot. At that time the Board heard several other neighbors express their disapproval of the issuancence of the building permit. Mr. Buchanan, who was present, indicated he would create a driveway connecting the proposed house to John Cann Way, and would use that route to access Fay Ave. Therefore, based on the fact and on evidence presented, the Zoning Board of Appeal voted unanimously, 5-0 in opposition to the petitioners request for an Administrative Ruling the overturning the issuance of a building permit. na Cohen, 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 certificate 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. FITZGIBBON, MAYO & ANDREWS ATTORNEYS AT LAW 2 SALEM GREEN SALEM, MASSACHUSETTS 01970 TELEPHONE(978) 744-1148 FRANCIS T MAYO 744-1149 GEORGE T ANDREWS TELECOPIER(978) 744-1199 February 5, 1999 Building Inspector City of Salem City Hall Salem, MA 01970 Re: Anneal of Building Permit No. 1-99 Gentlemen: In accordance with Massachusetts General Laws Chapter 40A Section 15, enclosed is a certified copy of a Notice of Appeal filed with the City Clerk at the date and time set forth thereon. Sincerely yours, FTM:jl FRANC T. MAYO Enc. cc: Mildred Vitali Richard Vitali, Esq. Samuel Vitali, Esq. FITZGIBBON, MAYO & ANDREWS ATTORNEYS AT LAW 2 SALEM GREEN SALEM, MASSACHUSETTS 01970 TELEPHONE(978) 744-1148 FRANCIS T. MAYO 744-1149 GEORGE T ANDREWS TELECOPIER(978) 744-1199 February 5, 1999 City of Salem Board of Appeals c/o City Clerk City Hall Salem, MA 01970 �a Re: 201 Rear Fays Avenue. Salem. MAnm �r • dr- D _1 APPEAL FROM WRONGFUL ISSUANCE OF BUILDING PERMFT m. w y Dear Sir or Madam: co This is an appeal, pursuant to Massachusetts General Laws Chapter 40A, Section 8 of the wrongful issuance of a Building Permit. The appeal is filed on behalf of Mildred Vitali, Samuel Vitali and Richard Vitali, abutters of the parcel in question and persons aggrieved by the issuance of the permit. On January 6, 1999 the Building Inspector issued a Building Permit for the construction of a single-family home at 201 Rear Fays Avenue, Salem, MA. The Building Permit was erroneously issued because said lot lacks sufficient frontage. Article II Section 2.2 of the Zoning Ordinance states as follows: "Lot. A parcel of land occupied or designed to be occupied by a principal building and the accessory buildings or uses customarily incident to the principal building, including such yards and other open spaces as are arranged and designed to be used with such buildings. Such lot shall have frontage on an improved public street and may consist of a single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots of record, provided that such lot is used for only one (1) principal use." (Emphasis supplied). John H. Cann Way is not an "improved public street" in Salem or Lynn and therefore cannot legally be used to satisfy the frontage requirement. In fact, according to the Assessors' Map (see attached) said way does not even appear to abut the locus. You are hereby requested 1) to determine that the lot in question lacks adequate frontage and 2) to revoke the Building Permit forthwith. -2- A hearing is respectfully requested to provide an opportunity for the presentation of further documentation and other evidence in support of this appeal. Very truly yours, FTM:jI FRANCIS T. MAYO cc: Building Inspector- City of Salem Mildred Vitali Samuel Vitali, Esq. Richard Vitali, Esq. Kevin Buchanan (Certified Mail) Terenzoni Construction(Certified Mail) Elvena. S. Clark (Certifies[ Mail] .a c-• rn 7 Z Ui U)U°7 CD M 00 yi II 1 II II III „ ) I 6 0 4.68 AC CAMP LION G&A. /i 1 PARK. 2 19085 REV. E g �Q i REV. E \ 4 00 4 V/ 44/0 '36. 4 j s� REV. 8 448 Sz-S \ REV. E S AVS \` 544,500 \ LAST �J pfd C P _. \aaq a- FITZGIBBON, MAYO & ANDREWS ATTORNEYS AT LAW 2 SALEM GREEN SALEM, MASSACHUSETTS 01970 TELEPHONE(978) 744-1148 FRANCIS T. MAYO 744-1149 GEORGE T. ANDREWS TELECOPIEP.(978) 744-1199 February 5, 1999 City of Salem Board of Appeals c/o City Clerk City Hall ` '— Salem, MA 01970 rn no W �-r1 1 C,t Re: 201 Rear FUs Avenue, Salem. MA ' o r- nn APPEAL FROM WRONGFUL ISSUANCE OF BUILDING PERMIT m w D Dear Sir or Madam: CO This is an appeal, pursuant to Massachusetts General Laws Chapter 40A, Section 8 of the wrongful issuance of a Building Permit. The appeal is filed on behalf of Mildred Vitali, Samuel Vitali and Richard Vitali, abutters of the parcel in question and persons aggrieved by the issuance of the permit. On January 6, 1999 the Building Inspector issued a Building Permit for the construction of a single-family home at 201 Rear Fays Avenue, Salem, MA. The Building Permit was erroneously issued because said lot lacks sufficient frontage. Article II Section 2.2 of the Zoning Ordinance states as follows: "Lot. A parcel of land occupied or designed to be occupied by a principal building and the accessory buildings or uses customarily incident to the principal building, including such yards and other open spaces as are arranged and designed to be used with such buildings. Such lot shall have frontage on an improved public street and may consist of a single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots of record, provided that such lot is used for only one (1) principal use." (Emphasis supplied). John H. Cann Way is not an "improved public street" in Salem or Lynn and therefore cannot legally be used to satisfy the frontage requirement. In fact, according to the Assessors' Map (see attached) said way does not even appear to abut the locus. You are hereby requested 1) to determine that the lot in question lacks adequate frontage and 2) to revoke the Building Permit forthwith. -2- A hearing is respectfully requested to provide an opportunity for the presentation of further documentation and other evidence in support of this appeal. Very truly yours, FTMJI FRANCIS T. MAYO cc: Building Inspector- City of Salem Mildred Vitali Samuel Vitali, Esq. Richard Vitali, Esq. Kevin Buchanan (Certified Mail) Terenzoni Construction (Certified Mail) Elven S. Clark (Certified Mail) r_ rn ca ^"- i CD�— D F5-.- M M 00 ' rt O n i'y Ci o 9 t� Ji n / S E" �:7 CD T.' �J " 9 wErLM Z S L° pop i o P. A n 0 0F w w d 10 / . Vic..t.ax... .,.... .....hoy.t...and... �rt•t�ixr............I onynt.......1.�ot_h........................................................................... .............................................................. .................................................................................................................................... ..........................................................................................................................................................................I........................... ............................................................................................................... ................................................................................................................ of....L1111n..................................................................................... .................:�.3.3.n.X............... 'ounl , Massachusetts County, adwa„r.a.pn:.�, for consideration paid, grant to........ti .()..t77.1...�zt.azlS?.�p.Sl.,....wi.fe...o.f...L1.do.n...G.....Stan oo .......................................................................................................................................................................................................................... ................................................................................................................................................................................................. . ... .................... ot.....a. d.......;>nn....................................................................................................................................with quttrlailn [uuenante ................... ..... ....... ........ ....................................... _.....................................................................:.................................................................... the land in....::..g.slam,.........t.h? 1....iA....5.}N��?.11.._ 5... '.t;.l;cgj...A...gn... 36 tuzn±ng and vnning 3outh.:esterly fifty (50) feet to the northeasterly cor- ,?�� der of Lot 36; thence turSling and ruining southeasterly one hundred seventy P five (175) feet by the easterly line of Lets 31 to 36 inclusive, one hundred /! Q �j seventy five (175)� feet to the^ point of beginning; containing eighty seven ,eJ/lJ� bmtred fifty (8750) square feet, be all of said measurements more or less. TIMMESS its hand and seal this 27th day of August , 1925, 00;.7:ONMEALM OF =SACTUS:TTS ) Xanufacturers National Bank (COrUOrate seal) .Esser:, ss. Lynn, kass. , )) Earle I. Foster Cashier August 27 1925. Then personally appeared the above named Earl- I. Foster and acknowledged the foreecing free act and deel, of instrument to be the The Manufacturers National Balls of Lynn. Lass., before me William J. Barry Notay Public (Notarial seal) 14Y commission expires Larch 10, 1927. .Essex ss. Received Sept. 8, 1925. 30 m. past 8 A. M. Recorded anti Examined. ---------------------- --------------- Eoyt et al - Victor P.L. Eoyt and Arthur. W Lonval, both of Lynn, Esser_ County, Kassa- to chusetts for consideration paid, grant to Elvena Stanwood, wife of Eidon G. Y 3tani^ood Stamvood., of said kYna with QU=LE.Dc COVEIUD*TS the land in Salem, that is �. One ;1. R. shown as Parcel A on plan entitled "Plan of a Portion of Buchanan Par- 3e:_ Stam Do--=enta-y leaire Section, Bordering Fay Avenue, Iimn, lass. , Property of Fred A.Norton - Canceled. Z et zl, �-ustees, dated July 8, 1925," said r / P-an being recorded with Ease). South District Registry of Deeds, July 31, 1925 Book. of Plans 43, Plan 46z bounded and described as follows: Northwesterly by land now or formerly of 3� the City of Peabody, two hundred twenty six an:: seven tenths (?26.7) feet; CJ Northeasterly by land of Fred A. Norton et a1, one hundred (100) feet; East- s o eriy by a curved line by a proposed road, as sho n on said plan; and South- _z;tarly by lets 736 to 441, ±ncius:.ve, on as±d ;,lax, one htmci^ed fifty fey ani fifty too hundredths (154.52) feet; Containing; nineteen thousand eighty five square feet (19,085), be all of said measurements more or less. Said F Property is conveyed subject to taxes for the cu.-rent Year. Being a portion r of the premises conveyed to us by Fred A. Norton at al, trustees by deed dated July 31, 1925, and recorded with Essex South District Deeds, Boo's 2650, Page 4, together with the right to use the streets, ways and avenues shown on said plan, in camon with others entitled to use the same, for all Y r- purposes for which ways are commonly used. 17e, Edith H. Lonval and Edith C. Hoyt wives of said grantors release to said grantee all rights of dower and homestead znd other interests therein. SS our hands and seals this 27th day of August, 1925. Arthur T. Lo=ral (seal) CO:r101i"dEALir. OF MASSACHUSETTS ) )) Edith E. Lonval (seal) k' :Essex, as. Lynn, Lass. Victor P. L. Hoyt (seal) ---- -- --- — - ) BUILDING CITY OF SALEM SALEM, MASSACHUSETTS 01970 PERMIT -NL Z�V PERMIT NO. DATE a ADDRESS_L�L, -IRE APPLICANT- f7t'i z c (NO.) (STREET) (CONTR S LICENSE) _. TEL.NO. -.0 DDY CITY L STATE ZIP CODE NUMBER OF PERMIT TO STORY 0 r,�E .4i I- DWELLING UNITS ,T7; ITVPE OF IMPROVEMENT) NO ZONING DISTRICT -FOCATION) (STREET) T) .- - 1*-Cl , - ­ AND v, P BETWEEN i�.7 _IOSSSTREET) (CROSS STREET) ZI I q j5 7 7 LOT I7;,_IL'BLOCK_ SIZE SUBDIVISION BUILDING ISTOBE�FT.WIDE BY FT.LONG BYFT IN HEIGHT AND SHALL CONFORM IN CONSTRUCTIO; TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) —. j, REMARKS: P-11 PERMIT AREA OR ESTIMATED COST$ J.In I , 0 0 0 FEE VOLUME ICUBICISOUARE FEET) OWNERBUILDING DEPT. ADDRESS 7-, _AF-Ej RE BY I I J., — . IT CONVEYS NO RIGHT TO OCCUPY ANY STREET.ALLEY OR SIDEWALK OR ANY PART THEREOF.EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMEN THIS PERM APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES ASWE ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE n APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. LA RETAINED JOB AND THIS CARD KE R I I S BEEN MADE WHERE - ---------F SUBDIVISION - -_ I REQUIRED, ,SUCH BUILDING SH, W"tHL Arl­Ul�.L�SEPARATE MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT PERMITS ARE REQUIRED FOR REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL,PLUMBING AND 1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPANCY IS REQUIRED,SUC MECHANICAL INSTALLATIONS, 2.PRIOR TO COVERING STRUCTURAL T OCCUPIED CC Up U TI L I L INSPECTION Sp CTIO S MADE. 'H FNA N E N HA 13EEN MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HA I ", , I, 'Y 3 FINAL INSPECTION BEFORE OCCUPANCY, POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION IUN APPROVALS PLUMBING INSPECTION IUN ArPR VALS ELECTRICAL INSPECTION IUN 2 2 2 BOARD OF HEALTH GAS INSPECTION FIRE DEPT.INSPECTING APPROVALS 2 OTHER 2 r ; �`` ., , a/7�/�7 g'9a41 S"a6/`/fc'Amp wa/os `♦ 0 1 !•11 ' 1 ,l o9*.Om uo/d ` o suo/d to 'YOO9 ` 1 r _ 1 1, �1 Aw 1 0-4000 wow% 1 • it ••�... � • 1 � are 4p 0 4b 46 01 04000 1 > 4 1 - .� 6 1 a s a,r as a• w .� . - V ;Soy" { a e Ow O d'/► doom - to • a q , • ca •,� V �J r ' I II �II . I � I III � II F � I / 6 O 4.68 AC CAMP LION G S A. '1 PARK. i.' I 2 �� I 19085 0 ,� �� REV '2 RE\ i ` \ 90-0 4i�Q/ 44/0 3 ' d /Z� REV :z / 4466 REV FA YS q CY~ s l\�'` '91 \ 544,; `\ L ®R FITZGIBBON, MAYO & ANDREWS ATTORNEYS AT LAW 2 SALEM GREEN SALEM, MASSACHUSETTS 01970 TELEPHONE(978) 744-1148 744-1149 FRANCIS T. MAYO TELECOPIER(978) 744-1199 GEORGE T. ANDREWS February 5, 1999 City of Salem Board of Appeals c/o City Clerk City Hall Salem, MA 01970 u� X91- Zea; F_ Avenue. Salem. MA APPEAL.FROM WRONGFUL ISSUANCE OF BU.iT:DING PERMIT Dear Sir or Madam: This is an appeal, pursuant to Massachusetts General Laws Chapter 40A, Section 8 of the wrongful issuance of a Building Permit. The appeal is filed on behalf of Mildred Vitali, Samuel Vitali and Richard Vitali, abutters of the parcel in question and persons aggrieved by the issuance of the permit. On January 6, 1999 the Building Inspector issued a Building Permit for the construction of a single-family home at 201 Rear Fays Avenue, Salem, MA. The Building Permit was erroneously issued because said lot lacks sufficient frontage. Article II Section 2.2 of the Zoning Ordinance states as follows: "Lot. A parcel of land occupied or designed to be occupied by a principal building and the accessory buildings or uses customarily incident to the principal building, including such yardis and ^ther open spaces as are arranged and-designed to be used with such buildings. Such lot shall have frontage on an improvedXubr street and may consist of a single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots of record, provided that such lot is used for only one (1) principal use." (Emphasis supplied). John H. Cann Way is not an "improved public street" in Salem or Lynn and therefore cannot legally be used to satisfy the frontage requirement. In fact, according to the Assessors' Map (see attached) said way does not even appear to abut the locus. You are hereby requested 1)to determine that the lot in question lacks adequate frontage and 2) to revoke the Building Permit forthwith. i -2- I request that you determine that the lot in question lacks adequate frontage and that you revoke the building permit forthwith and order an immediate cessation of all construction and site excavation pending the issuance of all necessary variances and permits. Please respond to this request in writing within fourteen(14) days as required by the ordinance. Sincerely ;tours, FTMJI FRANCIS T. MAYO cc: Mildred Vitali Samuel Vitali, Esq. Richard Vitali, Esq. Kevin Buchanan (Certified Mail) Terenzoni Construction(Certified Mail) Elvena S. Clark(Certified Mail) February 7, 1999 City of Salem Board of Appeals c/o City Clerk City Hall Salem, MA 01907 Dear Sir or Madam, I request that you deny an appeal by Attorney Francis Mayo on behalf of the Vitali Family which requests the revocation of Building Permit# 1-1999 for 201 Rear Fay's Avenue. The title and deed to said property is in Book 2652 Page 36. Said property is part of an on going subdivision, Book of Plans 43, Plan# 46a. Please, be advised that extensive development has recently occurred in areas B, C, and D of the aforementioned subdivision. The frontage for Lot"A"is on the "proposed street" on a "curved line". The road is now paved and has water and sewer facilities in it. Your research will reveal that this "common way"may be held in private or turned over to the City of Salem for maintenance when there is occupancy at 201 Rear Fays Avenue, and conditions for conveyance have been met. My purchase and sales agreement requires that I have all building permits in place before the prospective closing date of February 15, 1999. This matter requires your immediate resolve. The building department acted correctly in granting the building permit requested for 201 Rear Fays Avenue. I hope that you will prudently deny the appeal application and forward a decision immediately. Sincerely, Kevin Buchanan LYNN WATER AND SEWER COMMISSION MEETING f ZI�IS9 Mffnn� JANUARY 4 , 1999 The Meeting was called to order by Chairman McManus at 6 : 30 p.m. , 400 Parkland Avenue, Lynn, MA. Chairman McManus called for the Roll of Commissioners - Commissioners Present - Chairman Patrick J. McManus Manuel N. Alcantara David D. Ellis Anthony S. Serino Commissioner Absent - William R. Trahant Motion by Commissioner Ellis to accept the Minutes of November 9, 1998 as submitted. Seconded by the Chair and passed unanimously. CONFIRMATION OF TELEPHONE POLL VOTES Motion by Commissioner Ellis to confirm the telephone vote granting Kevin Buchanan permission to connect to the Lynn Water and Sewer Commission system. Seconded by Commissioner Alcantara. Roll Call Vote - Commissioner Alcantara - yes Commissioner Ellis - yes Commissioner Trahant - absent Commissioner Serino - yes Commissioner McManus - yes Motion Passed. Motion by Commissioner Ellis to confirm the telephone vote to hire six new employees (three for the Meter Room and three for the Water Division) . Seconded by Commissioner Serino. Roll Call Vote - Commissioner Alcantara - yes , Commissioner Ellis - yes Commissioner Trahant - absent Commissioner Serino - yes Commissioner McManus - yes Motion Passed. FITZGIBBON, MAYO & ANDREWS ATTORNEYS AT LAW 2 SALEM GREEN SALEM, MASSACHUSETTS 01970 TELEPHONE(978) 744-1148 FRANCIS T MAYO 744-1149 GEORGE T ANDREWS TELECOPIEP,(978) 744-1199 February 5, 1999 Building Inspector City of Salem City Hall Salem, MA 01970 Re: Appeal of Building Permit No. 1-99 Gentlemen: In accordance with Massachusetts General Laws Chapter 40A Section 15, enclosed is a certified copy of a Notice of Appeal filed with the City Clerk at the date and time set forth thereon. Sincerely yours, FTMJI FRANC T. MAYO Enc cc: Mildred Vitali Richard Vitali, Esq. Samuel Vitali, Esq. FITZGIBBON, MAYO & ANDREWS1WJ ARG pEQj. ATTORNEYS AT LAW 2 SALEM GREEN f>_3 U 54 ati �9g SALEM, MASSACHUSETTS 01970 RECEIVED S CITY DC SNL -(978) 744-1148 FRANCIS T MAYO 744-1149 GEORGE T ANDREWS TELECOPIER(978) 744-1199 February 5, 1999 City of Salem Board of Appeals c/o City Clerk City Hall c Salem, MA 01970 "— ,-�n z o m Re: 201 Rear Fays Avenue, Salem, MA r APPEAL FROM WRONGFUL ISSUANCE OF BUILDING PERMIT D ter^ n=' m, Dear Sir or Madam: w v CO This is an appeal, pursuant to Massachusetts General Laws Chapter 40A, Section 8 of the wrongful issuance of a Building Permit. The appeal is filed on behalf of Mildred Vitali, Samuel Vitali and Richard Vitali, abutters of the parcel in question and persons aggrieved by the issuance of the permit. On January 6, 1999 the Building Inspector issued a Building Permit for the construction of a single-family home at 201 Rear Fays Avenue, Salem, MA. The Building Permit was erroneously issued because said lot lacks sufficient frontage. Article II Section 2.2 of the Zoning Ordinance states as follows: "Lot. A parcel of land occupied or designed to be occupied by a principal building and the accessory buildings or uses customarily incident to the principal building, including such yards and other open spaces as are arranged and designed to be used with such buildings. Such lot shall have frontage on an improved public street and may consist of a single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots of record, provided that such lot is used for only one (1) principal use." (Emphasis supplied). John H. Cann Way is not an "improved public street" in Salem or Lynn and therefore cannot legally be used to satisfy the frontage requirement. In fact, according to the Assessors' Map (see attached) said way does not even appear to abut the locus. You are hereby requested 1) to determine that the lot in question lacks adequate frontage and 2) to revoke the Building Permit forthwith. ti z Gv-- MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL IN t FOUNDATIONS OR FOOTINGS, CERTIFICATE OF OCCUPAI 2.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL 3.FINAL INSPECTION BEFORE OCCUPANCY, POST THIS CARD SO IT BUILDING INSPECTION APPROVALS PLUMBING IN: 1 � 2 2 BOARD OF HEALTH GAS INSPE 1 OTHER CITY ENGINEER 2 WORK SHALL NOT PROCEED UNTIL THE rNOT TWILL BECOME NULL INSPECTOR HAS APPROVED THE VARIOUS TARTED WITHIN SIX M(STAGES OF CONSTRUCTION TED ABOVE. -2- A hearing is respectfully requested to provide an opportunity for the presentation of further documentation and other evidence in support of this appeal. Very truly yours, -1--, VVL�r FTM:jI FRANCIS T. MAYO cc: Building Inspector- City of Salem Mildred Vitali Samuel Vitali, Esq. Richard Vitali, Esq. Kevin Buchanan (Certified Mail) Terenzoni Construction (Certified Mail) Elven S. Clark (Certified Mail) _ .n S �1 I CJl :1:C7 O�= D 1 oow m� 1 II M3—L/ � i 11 6 Q . / .� 4.68 AC CAMP LION G S.A. 1 / PARK. ' ❑ 2 / 1 / 19085 / `alb RE\ \ \ 4 00 4 �?� RE!. 44/0 RE\ / 4486 /?, l RE\ F QYS s J / A 544,,- L 44,;L , N h O C NcL � ` R S a CDq Er tc O O ' 3 Z b ae y l P/ �j 0 p tie a 10 Victor...P.a...L.....hoy..t...and...:irt.?fur....''......L..onv.a.l.,....U.ot.h........................ .................................... .....................................................................................................-........................................................... ............................... of....L,%,jln................................................................. I.'.c.q!3.X.......... for consideration aid "" , Massachusetts P ounly, , grant to........(il.y.!).rui...at.stn.E'+.aotl.,....tv.1.Pe...o.P...L1.do.n...G.....stanwoo d, . ............................................................ ............................................................................................................................................... .................................................................................................................................................................-...... ........................:............... of.....5.•n'. d...Lytui. ....................with quitr(nitn ranenunte ........................ .............................................................................................................................:.................................................................... the land in....::.S.a18m,.........t.)1C'-.tr.... ..5....�.h�11!11...I?:.��....1'..C�.l,cel....j' ...on...»1nn...ei�ti tied..."P.lan....... oP a Porton.._pf... 3uc,i1eian ]? rl_..,.,,,:3ellgre. ,cctioii, 3orileri?.113... i1Y.............. .............. .. tDeacriDnon and encumbrances•if any] ;venae , Lynn, I.tass. , Property of Fred A. Rorton of al `irustees , dated July 8 1925 , " said play. bei n9 recorded pEsse-,c South District Re„ .`. istTy of Deeds , Jul.': 1 , 1925, bounded and ate©ors.boa ., ” Ilorthwesterly by land now or formerly of the City of Peabordy, two hundred twenty-six and seven tenths (226, 7 ) feet ; Ilortheasterly by land of ','red A. Forton et al , one hundred (100) feet ; Easterly b;; a curved line by a proposed road, as shown on said plan; and Southwesterly by lots 4756 to 441, inclusive, on said elan one hundred fifty-.four and fi"ty-two hundredths (164.521 9 1 foot ; Containing nineteen thousand eighty-five square feet (19,-085) , be all of said measurements more or less. Said property is conveyed subject to taxes for the current year . Being a portion of the premises conveyed to us by Fred A. Ilorton et al, trustees , by deed dated July 31, 1925, aryl recorded with Essex South District Deeds, Book 2650, Page 4, together with the right to use the streets, ways and avenues shown on said plan, in common with others entitled to use the same,for all purposes for which ways are commonly used.. 36 tuning and rUnning South; esterly fifty (50) feet to the northeasterly cor- ner of Lot 36; thence turning and ruining southeaste.ly one hundred seventy five (175) feet by the easterly line of Lots 31 to 36 inclusive, one hundred �y5 seventy five (175) feet to the point of beginning; containing eighty seven T.f hundred fifty y (8750) square feet, be all of said measurements more or less. WIZTESS its hand and seal this 27th day of august , 1925. CU.7fUTLE-ALTF. OF =SACHUS3TTS ) Xanufacturers National Bank (CO-00-rate seal) Esse::, ss. Lynn, Kass. , )) Earle I. Foster Cas^.ier August 27 1925. Then personally appeared the above named Earl- I. Foster and acknol:ledged the foregcing Inst•-ument to be the free act and deer , of the Manufacturers National Barb o, Lynn, Kass., before me William J. Barry Nota-v Public (Notarial seal) "v commission expires tarch 10, 1927. Essex as. Received Sept. 8, 1925- 30 M. past 8 A. K. Recorded anti Examined, -------------------------------------- Hoyt et al - Victor P.L. Hoyt and Arthur W. Lonval, both of Lynn, Essex County, ?.;assn- to chusetts for consideration Paid, grant to Elvena Stanwood, wife of Eldon G. i' • Stanwood Stanwood, of said Lynn with QUITCLED,; CO VENAhM the land in Salem, that is one $1. R. shown as Pa^cel A on plan entitled •Plan of a Portion of Buchanan Park,Be:- Stam Documentary leaire Section, Bordering Fay Avenue, Lynn, };ass. , Property of Fred A.l�Torton Canceled. Z et al, 1Mustees, dated July 8, 1925," said plan being recorded with E � ssex South District Registry of Deeds, July 31, 1925 Book of Plans 43, Plan 45a bounded and described as follows: Northwesterly by land now or formerly of the City Of Peabody, two hundred twenty six and seven tenths (226,7) feet; ' F' Northeasterly by land of Fred A. Norton et al, one hundred (100) feet; East- erly by a curved line by a proposed read, as shasn on said plan; and South-by lets 436 to 441, incius::Ve, on said plan, one hundred fifty - four and fifty two him:xedths (154.52) feet; Containing nineteen thousand eighty five square feet (19,085), be all of said measurements more or less. Said pr'oper'ty is conveyed subJect to taxes for the current year. Being a portion of the premises conveyed to us by Fred A. Norton et al, trustees, by deed dated July 31, 1925, and recorded with Essex South District Deeds, Book 2650, Page 4, together with the right to use the streets, ways and avenues ` shovm on said plan, in common with others entitled to use the same, for all Purposes for which ways are commonly used. 'We, Edith H. Lonval and Edith .C. Hoyt wives of said grantors release to said grantee all rights of dower land homestead and other interests therein. .-LM SS our hands and seals v. this 27th day of August, 1925. Arthur T. Lonyal (seal) C011 INEALTE OF KASSACEUSETTS ) ) )j Edith E. I,onval (seal) :Essex, ss. Lynn, Wass. , Victor P. L. Hoyt —- (seal) ' M C-Ag r BK. 43 PL. I Wit i 4 `b r� alO�i� i i J ♦ / 7od 1%Afctia i _ ti RqrE FAY w •ED ✓ 00D'- �.-- �---� ' 'ms's I ` ♦` � i�.-� �..,�/ / ERVEN -`•e �.� a Al i ; r B• ,&.Yom ` r � IF j PL.I OF A PORTION • , ��ri , ` of ' IB'/CHANAN PARK O. -e...�.,�f�-- ---�_ ••t,,ei�% BELL CA IRE SECT/ON &ORDER/NG FAY .4 VENUE •�__� L YNN, M 4,SS- PROPERTY OF FRED A.NOR TON ET AL TRUSTEE s o C SCALE /INCH=/OOFEE i °V %�• �. JULY 8,/925 Bao& of Flans 43, Ph No.46a W. W.AA-cFL FR. £NG/N£E.9• So/em July 3!,/925 Rec.9 Ent in � � 'I i M.B.SORG£S&N,LAND ARCH. Esser Rep Dards So-Dari. Wit* Of/. O: r. -R Rc&tau Robert H.Gardiner N a/Trs. S 4 �. to Fred AWortw of a/ Trs. Rec. 8. 2650 P1 Affect AWWy KwMN/, Abl. •7 ` , TAis Plan has btm reeMee% For correct scamp sec oripina/c» file. 4WstPN/4C .SZ^.`4L.F .N rEET t( - - BK. 43 F S1 M �c NS AID l ~�♦�i ; 4- At. i Z03 • 10 SER�Ev �/FAY_WO_�p p • �... � �T�7U� . 4p t!► I 'OVA !00e 49.4 A&- PLAN -PL ,'N OF A POR T/ONOF `•, .O '4 � E'/C,kANAN PARK �. °�•-��� ,-e'�.r' • ��`_.�., BELLEA/RE SECRON &ORDLR/NG FAY .¢VENUE •�__��• v pbr .►. L rkN, w::±ss. l c � sem, PROPERTY OF FRED A.NORTON Ei AL TRUSTEE SCALE //NCH=/OOFEE i ✓OILY B,191'5 Bbok of Flons 43, Plan No.46a c W. W.HA cFLF. R, ENG/NEE;?. Salem July 3/,1925 Rec.B Ent in �� �s\ Y.B.BORGESON, LAND ARCH. Essar Rea Deeds So.Des. With Rfl. �i Rebose Robert H.GcrAiner e/d Trs. \� M Fred A JYprlaa eI s/ Trs. Rec. B. 2650 P. / Aflesl 7-his p/on Avs Decryk7alAmn For ` ,`` • ; cGrre: ay l srotisee crip/no/Cyr li/e. • Gk�APH/C ,SL^�CLE ,iV HEFT ,.+ o a. t ,4 -2- A hearing is respectfully requested to provide an opportunity for the presentation of further documentation and other evidence in support of this appeal. Very truly yours, FRANCIS T. MAYO FTMJI cc: Building Inspector - City of Salem Mildred Vitali Samuel ViWL -,sq. Richard Vitali,Esq. Kevin Buchanan(Certified Mail) Terenzoni Construction(Certified Mail) Elvena S. Clark (Certified Mail)