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14R CHERRY HILL AVE - PLANNING 14 Cherry Hill Ave. SP Cherry Hill Realty Trust t x. � � v � _-� � ��-� � � � � �. � � � � :; �� 4 Cig of �$ajt j, Aaeg r4USEttB CITY OF SALEM MA CLERK'S OFFICE 2001 JUL 5�, :2X&��6. FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL In accordance with provisions of Section II-B, the applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be attached to two copies of this Form A application. The notice and both copies of the application must be "date stamped" by the City Clerk and then one copy of this Form A, with the Plan, filed with the Planning Board by the applicant. All notices and applications shall be typewritten or,nedtly printed in ink. Salem, Mass., --------June--27, 2001 19 To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Salem does not constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and state specific reasons) ---the_nzarce].s--- 9nsist_of_nonconforming_fronta es and,-variances as__to__area,-__frontage_and other dimensional requirements have been granted by -- — -- -------------------------------------------- ---- the_Board_of Appeals-- --- ----------------------------------------------- ---- ------------------------------------------------------- and herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Owner -_LLxi;_Re�1t�7kG__anderhgxxy-Meat__Realty-_Associates________________ Address-----c/o 20 Prince- Street- - ,--Beverly--- - - , MA 01915_______ - - - - - - ----—-----—------------ 2. Name of Engineer or Surveyor ----Vernon_J.._Le$7ancPSS--------------------_. .--_---___________________.... Address ____161 Holten Street, Danvers,__MA 01923 ____ 3. Deed of property records in ...... _Ess---ex Sout-- h-District ------_ Registry - ---- -------- Book ........14045 - Page 5 424- ------ 89 B k 16340 Page 4. Location anTbescription of Property: - - - -------------------------------------------------- Twn_�ristang--parcels--$auu fxnntaga__on-_l;hezz3e__Stzeet--and__ar_e--numbar2d------------- -------8-10-----and----12-14-_Cherry_---Street:-__The__plan_creates-_three -parcels_hy-_$ubdiyi,5pn -----o-f--Lo-t--A--with--front-age--in--the--rear-- of the existinln F-1-2 _51 --- - -- ---- --- - &_parces_o - --------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- 5. All streets and abutting lot lines shall be shown�Plan th 'th the names of the Owners of the abutting lots. Signature of Owner--- ----------- -- .......................... ----- ---------------. - Address --- — Telephone Number ----- -------711 9a� 4obs------------------------- of &aiem, Aaoac uzettg CITY OF SALEM. MA CLERK'S OFFICE •� j5oarb of Zipped 2001 MAY -8 P 3: 02 DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOCIATES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8 & 10 CHERRY STREET AND 12- 14 CHERRY STREET R2 A hearing on this petition was held April 25, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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 petitioner is requesting Variances from density and building per lot to subdivide land and a Variance to allow commercial use for the property located at 8-10 Cherry Street and 12-14 Cherry Street. The Variances,which have been requested, may be granted upon a finding by this Board that: cumstances exist which ing a or structure involved nand rwh ch are not generally affecting especially land, Special conditions otherr lands, bu d buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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: 1. Petitioner owns adjacent properties on Cherry Street. In his petition petitioner seeks to subdivide these properties to create a new lot and to construct a new building on the rear portion of the property, with frontage on Florence St. 2. Existing residential properties on the Cherry St. lots would not be altered. However, the creation of the new lot increases certain nonconforming feurseeks exithesting properties. With respect to the 12-14 Cherry St. property, petitioner variances: total areal 2,347 sf, lot area per unit 1543 sf, frontage 66.37 ft, front setback 6.69 ft., side setback 4.67 and rear yard setback 17.91 ft, height of building 3 DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST.REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY STREET AND 12-14 CHERRY STREET R-2. i f 9 + DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY STREET AND 12-14 CHERRY STREET R-2. page two .... stories. In addition, petitioner seeks a variance to allow two principal buildings on one lot. 3. As to the property at 8-10 Cherry St, petitioner seeks variances from area to 12,171 sf, lot area of 1,520 per unit,frontage 64.88 ft, front 7.59, side 8.08 and rear yard setback 15.50 requirements and from building height to 3 stories. 4. On the proposed new lot petitioner seeks a variance to construct a 3900 sf building in which to house an office and warehouse for a construction company. Petitioner seeks a variance for the proposed use, and also for lot area and rear yard setback requirements. The proposed building would conform to the ordinance's requirements in all other respects. 5. Through his Attorney George Atkins III, petitioner conferred with abutters and neighbors regarding his proposal, which was initially brought before petitioner's request until the April meeting. 6. Several neighbors expressed strongly held concerns about the current condition of the lot, which is wooded and has become trash filled and derelict. In the interest of allowing the proposed improvements to take place, these neighbors offered conditional support for the petition, provided that the petitioner would undertake to fence off the residential areas from the proposed commercial lot, and provided that a landscaped buffer would be created and maintained, on their properties and on petitioner's,to create a visual and auditory screen between the neighbors and the proposed business.To this end, neighbors created a four-page Plan of Conditions setting forth conditions under which they would grant their approval of the proposed petition, and they drew up a Landscaping Plan, dated 4/23/01, setting forth the type and location of plantings that would form a landscape buffer between the residential and commercial portions of the properties. Petitioner reviewed the Plan of Conditions and the Landscape Plan prior to attending the meeting of the Zoning Board of Appeal, and agreed to accept each of the conditions set forth in these documents,which are incorporated by reference as if fully set forth herein as part of the Board's decision in this case. 7. Among the neighbors who spoke at these meeting were Vincent Higgins of 20 Cedar St. and his daughter Michelle McNaught Higgins, Ann Marie Sobotka of 44 Cedar St., Greg Booth of 15 Porter St., Patrick Higgins, Tish O'Brian of 21 Cedar St., Louise Robinson of 24 Cedar St. and Nestor Grullon of 14 Porter Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page three 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 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. artment relative to smoke and fire safety shall 2. All requirements of the Salem Fire Dep be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing construction. 7. Petitioner is to obtain approval from any City Boards or Commission having jurisdiction including, but not limited to, the Planning Board. 8 Peas shall install attached Landscape Plan, dated 4/25/oLarty and that of abutters, specified nthe 9. Petitioner shall install landscape buffer as specified in the attached Plan of Conditions submitted 4/25/01. Variance Granted April 25, 2001 Nina Cohen, Chairman Board of Appeal ' I .y DECISION OF THE PETITION C & G REALTY LLC/CHERRY S. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, it 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 is 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 (0kni I RE: PETITION OF C & G REALITY LLC/CHERRY STREET REALTY ASSOCIATI 3 LLC REQUESTING VARIANCES TO CREATE A THIRD PARCEL ON FLORENC STREET CONDITIONS Conditions Durino Construction -20 Cedar Street— Existing chain link fence to remain. The 6' high cedar stockade fent:i will be placed on#16 Cherry Street (Multi family dwelling) property. -24 and 36 Cedar Street — Existing chain link fence is to be removed and replaced wr i the 6' high cedar stockade fence. -20, 24 and 36 Cedar Street—The posts of the cedar stockade fence are to be mere 1 facing #16 Cherry Street (the multi family dwelling) and the proposed de of the fence is to face 20, 24 and 36 Cedar Street. building. The architectural si -24 Cedar Street—Existing hedge to remain. -The 6' cedar stockade fence is to have the following shape on the top of the fence: 1 � -Cedar stockade fence is to be placed in stable soil. This will require the hinge of t!,,, existing slope to be reworked. -15 Porter the 6 ba garages t the house at�15 Porter Stn�ts to be added f not there already) from t!i:: come Y -Hydroseed mix to be determined. Mix should be used to attempt to stabilize tit= existing and proposed slopes. -All proposed trees are to be mature, 10' tall trees- -All shrubs are to be mature shrubs. .-Final placem 2 of all trees,Cedar rubsStreand mulch lines are to be verified with the proper owners of 20, 2 -Order of work— 1. 6' cedar stockade fence is to be installed prior to start of work on It e proposed building. 2. Trees, shrubs and mulch are to be installed within the fenced In yards of 2 ). 24 and 36 Cedar Street. 3. As soon as the slopes at 24 and 36 Cedar Street have been regraded it e slope is to be hydroseeded within 7 days. - Clean up— 1. Debris, waste material and scrap shall be removed by the Contractor from 24 and 36 Cedar Street on a daily basis. 2. Upon completion of the work at 20, 24 and 36 Cedar Street the Contract•()r shall remove all equipment, rubbish prem d waste material in the area premises and the work Performed all in nc.i it been worked and shall leave the p and proper condition. - Hours of operatwn 1. Work is restricted at 20, 24 and 36 Cedar Street to the hours of 8:00 am io 5:00 pm, Monday to Friday. 2. work shall be done on Saturdays, Sundays or Holidays. At _ 3. At the end of each working day (including prior to the weekend),the cpntractc K shall ensure that the properties have a working fence line even if a temporo=i y fence needs to be installed. - Dust Control 1. The Contractor shall maintain a systematic method of dust control at all rr—'s during Construction. - Pre Construction Meeting 1. The Contractor shall set up and attend.with the property owners of 20, 24 ar i i 36 Cedar Streets a pre construction meeting. 2. . The meeting is'to include a site walk and address start dates of constructio", schedule layout areas and.all issues regarding consthanek prior ror to start of any 3. The meeting shall be held no l materialslor equipment, or any work o I construction, delivery or storage site. - Plantings at 20, 24 and 36 Cedar Street ed riot to digging. 1. All plants provided and installed shall be individually inspect trees and shrub; 2. Property owners at 20, 24 and 36 Cedar Street to he pP rty owners) CF. before they are installed on their. property. the Contractor shall (s) ' �: dissatisfied with the condition immediately the l . the tree(s) and shrub(s) ' question 3 3. All trees and shrubs shall be planted within 5 days of arrival on site or shrill not be used. 4. Container grown shrubs stored on site shall be shaded from direct sunlight at all times and shall not be stored on paved surfaces. 5. Plant pits shall be excavated according to industry standards. 6. Planting soil mix shall be provided. 7. Loosen the perimeter roots on the rootball of all container plants prior -.o planting. 8. Remove plants from their containers immediately before planting. 9. Handle plants carefully to prevent damaging roots. 10. Place each plant in an individual hole and firm the loam around the roots. 11. Water thoroughly and mulch. 12. Fertilizer tablets should be added after the plant has been placed in the hole. 13. All plants shall be watered immediately following planting. 14. Contractor to maintain all new plantings for 60 days following the completi;n of all plantings on the individual properties of 20, 24 and 36 Cedar Stn-.,L Maintenance of the new plantings will consist of keeping the plants in a healthy growing condition. This is to include watering and anything else necessary to keep the plants healthy. 15. The contractor shall remove plants that die during the 60-day maintenance erty period within one week of receiving notification from the prop ur during the growing season. 16. All trees and shrubs at 20, 24 and 36 Cedar Street shall be warranted by the Contractor for a period of 1 year. Plants found to be unacceptable by tr e property owners of 20,' 24, and 36 Cedar Street shall be promptly remov-d from the site and replaced immediately if during the growing season or duri g the next normal growing season. Reference and attach plan indicating agreed upon items. Number of planting - The construction conditions must reference the agreed upon site plan including tr,e date. t • 4 Permanent Conditions -Tree Damage on Developer's prothatpert proposed or are to remain located on lite 1. Any of the trees, developers properties: ged must have corrective maintenant e a. Which become dama action taken immediately. b. Broken limbs shall be pruned according to industry standards. the c. Trees that are damaged irreparably must be replaced by Contractor with mature trees of the same type or similar which are at least 10' tall: The trees will be replaced within 30 day`. if being notified• that is to remain) located at#16 Chery d. " the existing willow tree Street is damaged ilea a abllLinden the ste 1 mature— 10'must be c anadt:tn mature- 10' Little Hemlock e. All new trees shall be spaced 12'-15'ou center. -Stockade Fence on Developer's proPerty ood working condition. Repairs to file 1. Fence is to be maintained m 9 ediately upon notification that repairs :t e fencing will be made immbut is not necessary.This will includeshallthe fence shall be Plate lite 2. If the fence is need of rep same type thatwas agreed upon in the conditions during construction. - The permanent conditions must reference the .agreed upon site plan includ'►ttg the date. DECISION SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT APR A10 :32 14R CHERRY HILL AVENUE Cherry Hill Realty Trust c/o 116 Highland Avenue CITY1 -F L1FrIvE Salem, MA 01970 On Thursday, February 19, 1987, the Planning Board of the City of Salem held a public hearing regarding the application of Cherry Hill Realty Trust, 116 Highland Avenue, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the proposed construction of a two—story medical office j building at 14R Cherry Hill Avenue. At a regularly scheduled meeting of the Planning Board on March 5, 1987, the Board voted, by a vote of four in favor, one opposed, to approve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. Work shall conform to plan entitled "Site Plan, 14R Cherry Hill Avenue." 2. Refuse, road and ground maintenance and snow removal shall be the responsibility of the devloper, his successors or assigns. 3. Landscaping of the site shall conform to plan entitled "Site Plan, 14R Cherry Hill Avenue." a. Trees shall be a minimum of 3'k" caliper. b. Maintenance of the landscape vegetation in a healthy and thriving condition shall be the responsibility of the developer, his successors or assigns. C. Location of granite curbing shall be reviewed and approved by the City Planner. 4. Board of Appeal requirements as set forth in decision granted on December 17, 1986, shall be adhered to. 5. All utility installation shall be reviewed and approved by the Director of Public Services prior to the issuance of building permits. 6. Board of Health conditions as set forth in a letter dated February 12, 1987, shall be adhered to. 7. All construction shall be in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. There shall be no work completed on Sundays or holidays. Inside i I I f� f work of a quiet nature may be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to i commencement of construction. 8. The developer shall propose a new design of the entranceway to eliminate the now necessary 90 degree turning movement in the driveway and attempt to decrease the degree of such movements to minimize safety hazards of turning from Highland Avenue when such traffic is moving in a westerly direction. Such design shall be reviewed and approved by the Planning Department prior to the issuance of a building permit. 9. Any violation of these conditions shall result in revocation of this permit by the Planning Board. i I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. i This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. IJCt_ . oLc�f� Walter B. Power. , III Lt - Chariman E642 I f , WV LEGEND EXISTING LOTS PROPOSED LOTS - Lot A REFERENCES: 0 Iron Pipe N , 11,386 sq.ft. 1) Deed Book 14045 Page 589. Map 34 Lot 99 q' 2) Deed Book 16340 Page 424. . 17,948 sq.ft. 3) Plan Book 201 Plan 55. tiY° Hydrant Lot B 4) Plan Book 11 IPlan 35. 'i 12,171 sq.ft. 5) Plan Book 63 Plan 50. -0" Telephone Pole W/Light Map 34 Lo-t 98 6) See decision of Salem Zoning Board of �iAppeals recorded in said deed. 17,956 sq.ft. Lot C wv 12,347 sq.ft. Water Valve I Vr E 0 Sevier Manhole FOR REGISTRY USE ONLY wv Telephone Pole i wv n CS o Curb Stop 0 CB D Ca-ch Basin El Bound • Tree -- CS pd wv Porter Street o WV �a Map 34 Lot 102 N/F William P. Wilson 5 Florence Street CB Book 13933 Page 597 O Map 34 Lot 101 Map 34 Lot 100 Steven J. Booth N/F 3:: APPROVAL UNDER THE SUBDIVISION I Concrete Block Concrete Block 15 Porter Street Ernest J. & Dorothy A. Fortin (o . 1 story 1 Story Book 12434 Page 326 2 Cherry Street o CONTROL LAW NOT REQUIRED Book 11471 Page 301 SALEM PLANNING BOARD 0 c 0.94' 88.32' S85'S5'4"E 8.08' ''`' • —� �' S85'5044" _0 Q) • 189.81' Map 34 Lot 103 • N/F Florence Street Realty Trust Q) Lot A • Existing 7 8 9 10 7.59' Leonard J. Sarnia, Tr. (� 9 0o Bit. Conc. Proposed Florence Street 11,386 sq.ft N 6 Bay P rkin 8 Book 7915 Page 151 • • Garage 9gx19'g 3 Sty. L (Typical) Dwelling e O d (� o m w Q) in N Lot B 'n 12,171 sq.ft. L o • © 15.50' __' S85'44'07"E 4.67 Bit. Conc. 19.73' o.3 ' 8 7.2 12 11 10 9 8 7 6 LAND o0 N 5 4 3 2 PLAN OF IN N 9'x19' U (TYPical) SALEM, MA 4 13.65' #12 6.69' 4 13.86' 3 St (0 Bit. Conc. y� Dwelling Prepored For David Carnevale #16 #14 95.93 v 3 Sty. 35.48' cc, o 1 7.91' Dwelling Lot C N Prepared By 2,347 sq.ft Vernon J. L eBl on c, PLS - N79'S 31 "W 17.89, 1 Bit. Conc. — 9'x22' 22.76 161 Holten Street 166.70' N85*49'411"W 5.58' . Don vers, MA 019123 certify that this plan was prepared in accordancewith 531' the rules and regulations of the Registers of Deeds. ' _ (9 78) 774- 6012 Map 34 Lot 93 Map 34 Lot 94 Map 34 Lot 95 Map 34 Lot 97 N/F N/F N/F N/F / Louis W. & Albertine Robinson Vincent W. & Joanne R. Higgins James Perkins Saunders - St. George Parish Realty Trust of Clinton 'D. & Clestorine Madden, Trs. 24 Cedar Street 20 Cedar Street 18 Cherry Street 36 Cedar Street Book 6318 Page 533 Book 5673 Page 58 Book 5673 Page 391 November 27, 2000 Sco/e 1 =20 '» o VE J. Book 12027 Page 254 - Revised — May 28, 2001 LeBLANC H ' N0. 33600 • ' �F0 TERS < <" HOR. SCALE IN FEET -o- 6 -25,0 0 20 50 100 e ' PROFESSIONAL LAND SURVEYOR DATE di �1 I - 1 To REMAIN fi TO R PMAIr4 RFSF_F_D FXI'STINrf, C.,PA t, 7i, GUT ;�FX I S� I t•-i¢, X 171 N�-, C�C' I`i I T E. � *✓ , _/' •A C F �- 1.-- k ` PATUNINr;, �--� \ r LaaT A 5 F-A t--JER- TG. t' L TG M v � N�W F'1��i C.,..��..k kms,L_;4 lC!t-'a`_•I F'�',(? 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