30-32 FOREST AVENUE - BUILDING INSPECTION 30-32 FOREST AVENUE.
wSPEei 0 Ari SEf Vluu-'
CITY OF SALEM
TENT APR
120 Washington BUILDING DEP
g onn Str etor, Sa em, M 01970 19 A & I I
ABANDONED AND FORCLOSED PROPERTIES REGISTRATION FORM
PROPERTY INFORMATION
Address: 30 Forest Ave. Salem, MA 01970 Parcel ID # 33-0013
Square Footage of Building: 1533 Number of Stories: 2
Sprinkler System: o✓Operational yes/no) -
Pipe System: Ye o V/ (Operational yes/no)
Fire Detection System: esElNo�Operational yes/no)
OWNER(S) *OF RECORD (*attach additional sheets if necessary)
Owner: Nicholas H. Porto
Address:One Home Campus, MAC F2303-04J Des Moines, IA 50328 (c/o Wells Fargo Bank, N.A.)
Tel. No.: 877-617-5274 E-mail: codeviolations@wellsfargo.com
CONTACT PERSON/REGISTERED PROPERTY MANAGER
Name: Wells Fargo Bank, N.A.
Primary Address (No P.O. Box) One Home Campus, MAC F2303-04J Des Moines, IA 50328
Business Tel. #: 877-617-5274 Non-Business Tel. #:877-617-5274
E-Mail Address: codeviolations@wellsfargo.com
Emergency Telephone#- 24hr/day 877-617-5274
IS THE PROPERTY LISTED FOR SALE?YesF—]NoFv/-]
If yes, Real Estate Agency NSA
Address: NIA Tel. No. N/A
VACANT BUILDING PLAN: Please check which applies.
1. The building is to be demolished.
2. The building is to remain vacant.
3. The building is to be returned to appropriate occupancy or use.
is rgrgo Bank, NA
SIGNATURE OF 11 sy�//� �
1-cr ° L OQ.� SOl✓%cep Y-SEdwards
DATE: ����lo J its:Re9e"Ift
REGISTRATION FEE $1200. For'13216 Cash/Money Order/Cert. Bank Check
�wARNINGTHEHFA'EE OF THIS DOCUMENTHAS A'COLOREDFBA;tC-aak-%AWITRA VOID°FEA`TURE"
HOME.• WELLS FARGO BANK NA t7-1
WELLS FARGO BANK N.A 810
• MORTGAGE ESCROW DISB CLRNG/708 CHECK NO, MO/DAY/YR
FDM R06 UTIL-CM970 7030384570 04/07/2016
P.O.Box 70335 0093598862
Des Molnes;IA 50306-0335 - 1.86&239.8271
FOR PAYMENT OF STATUTORY EXPENSES - .AMOUNT
- $1,200,00
PAY TO clrr OF SALEM
THEORDER
. . .3RD FLOOR - -OF - 120 WASHINGTON ST -
SALEM,MAS 01970 . ;
One Thousand Two Hundred and 00/100 Dollars - A.UTHo I 1GNAy RE
II. 70303845700 1:09 10000 L91: 650470 L47 26'
T E ORIGINAL BOCUME T HAS A REFLECTIVE WATERMARK ON THE BAC . 14-(5LO=AT AN•AANGLE TO'VIEW WHEN=CHECKING THE ENBORSEMENT.
Disbursement Check Voucher
PAYEE NAME CITY OF SALEM CHECK NUMBER: 7030384570
&ADDRESS 3RD FLOOR
120 WASHINGTON ST CHECK DATE: 04/07/2016
SALEM,MA 01970 PAYEE CODE: UTIL-CM970
BATCH: FDM PAGE 1 OF 1
SHORT NAME/
]NIT NAME/ TRAN AMOUNT
LOAN NUMBER PROPERTY ADDRESS DESCRIPTION CODE DATE DUE
0083598862 RH PORTO 30 FOREST AVE 632 1,200.00
Check Totals: 1 Item $1,200.00
r
CITY OF SALEM
CHEDULE DEPART/MENTAL PAYMENTS TO TREASURER
�/
Department Name
nn nn T! Date
Department# d[Y Fiscal Year,, WRY Form#
FROM WHOM ACCOUNT NUMBER&DESCRIPTION AMOUNT TOTAL
�l
b
Total 9/10 Comprised of:
Cash:
Checks:
TOTAL DEPOSIT
THE COMMONWEALTH OF MASSACHUSETTS,DEPARTMENT OF CORPORATIONS AND TAXATION,BUREAU OF ACCOUNTS
No. d 7 J 20,Z,6-
To the Department Officer making the Payment.
Received of the sum of
� ,� ��}� Dollars,
for the collections from-2JGCom—/ to for
V
collections as per schedule of this date,filed in my office.
Treasurer Treasurer
Certificate No: 912-06 Building Permit No.: 912-06
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINIUM located at
Dwelling Type
32 FOREST AVENUE in the CITY OF SALEM
--------------------------------------------------------------- - --- ----------------------------------------------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
32 FOREST AVENUE UNIT A
This permit is granted in conformity with the Statutes and ordinances relating thereto, and _
expires unless sooner suspended or revoked.
Expiration Date y{
Issued On: Wed Dec 20,2006 - -_ - -- -
GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --------------------------------------------------------__-- -------...--- --
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Certificate No: 912-06 Building Permit No.: 912-06
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINIUM located at
Dwelling Type
32 FOREST AVENUE in the CITY OF SALEM
-------- - - ----- --------------------------- - - ---------- - ------------ -
Address TowniCity Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
32 FOREST AVENUE UNIT B
LGe.TMS020S0U6eDes
is permit is granted in conformity with the Statutes and ordinances relating thereto, and
es unless sooner suspended or revoked.
Date
----_----------- --- - - -____-__------------------------------__----
h
This
Dec 20,2006 - -------------- --
IS
- -
s Municipal Solutions,Inc. --------------------------------------------_____ ------------------
----------------
___
.1886.
32 FOREST AVENUE 912-06
GIs
P. 10'20 COMMONWEALTH OF MASSACHUSETTS
Map: 33
Block: — CITY OF SALEM
Lot: 759
Category:
Permit# 912-06 BUILDING PERMIT
Project# JS-2006-1800
Est. Cost: $223,000.00
Fee Charged: $1,566.00
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor: License:
Use Group: Roger Tremblay,Construction
Lot Size(sq.ft.):
Zoning: . Owner. Roger A.Tremblay Construction Inc.
Units Gained: - Applicant: Roger A. Tremblay Construction Inc.
Units Lost: AT: 32 FOREST AVENUE
Dig Safe#:
ISSUED ON. 09-May-2006 AMENDED ON: EXPIRES ON 09-Oct-2006
TO PERFORM THE FOLLOWING WORK:
New(2)Unit Town Houses
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
E".dict: /n/ .Footings:
Rough:Rough: Rough:6K�Q�� - Rough:ty�./G C /H7�,?3� Foundation:
Final:��/� °�,��`�� .- Fina1:0/�(�—��07 Fina/(��� �t'•iY' Rough Frame: &'/;
\ Fireplace(Chimncy:4`t
D.P.W. Fire Health
Insulation:
Meter: Oil: ,/�
1,1r/• 1'I y�u Final: Ol V
House# Smooke; ldl/ l 0�
Water: Al
? 60 Treasury: v
arm:
Sewer: Sprinklers:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPONITIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2006-002437, _ 09-May-06 15005 $1,566.00
GeoTMS®2006 Des Lauriers Municipal Solutions,Inc.
��0 T
YSOYE AO
CITY OF SALEM
BUILDING PERMIT
36 Forest Avenue 17 Hersey Street 15 Hersey Street
Assessor's Map 33 Assessor's Map 33' Assessor's Map 33
Lot 35 Lot 34 Lot 33
Lot 195 Lot 193 Lot 191
50.00'
M LOT 194
4,900 S.F I
F-23.0'7
34 Forest Avenue a 28 Forest Avenue
.n
O N Existing N O
O Foundation ao
0 rn
0)Assessor's Map 33 10 0,
7.0' 10.0, Assessors Map 33
Lot 12 — — — 7.0Lot 14
0
N GO
N
Lot 196 IL7.0' 10.1, Lot 192
!. 50.00' —!
FOREST AVENUE
OF It
� FOUNDATION
PHRP 1 PLOT PLAN of LAND
TERENZOpN 32 FOREST AVENUE
No.38720
SALEM, MASS.
Prepared For:
�j /� ROGER TREMBLAY CONTRACTORS
E
SCALE: 1" = 20' JUNE 20, 2006
Zoning District: R2 REID LAND SURVEYORS
Assessors Map 33, Lot 13 365 CHATHAM ST., LYNN, MASS.
Deed Reference: Book 7681, Page 83 .
Existing Lot Coverage = 26.7% f
CONTROL #.R06-113 DPT
CITY OF SALEM, MASSACHUSETTS L:/,
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TULEPHON4 976-745-9895
FAX: 978-740-9846
REQUEST FOR AN EXTENSION OF THE VARIANCE GRANTED FOR DIANE &
MICHAEL RHATIGAN FOR THE PROPERTY LOCATED AT 30-32 FOREST
AVENUE R-2
At the hearing held on April 19 2006, the Board of Appeal voted unanimously to
allow a six (6) month extension for the Variance granted for Diane & Michael Rhatigan
for the property located at 30-32 Forest Avenue. The six (6) month extension is
based on the previous decision having been recorded at the City Clerk's office on
June 1, 2005 and the extension is granted until December 1, 2006
4"44) 1 0�0, i
Nina Cohen, Chairman
Board of Appeal
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CITY OF SALEM, MASSACHUSETTS LIT ; 0r' 'ALEINL MA
` CLERX S OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 7
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 - -.'LOOS JUN - I P 2: 3_
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF DIANE&MICHAEL RHATIGAN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST
AVENUE R-2
A hearing on this petition was held on May 18,2005 with the following Board Members
present; Richard Dionne, Edward Moriarty,Nicholas Helides,Robin Stein and Steven
Pinto. 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 a Variance from lot size; lot area& lot are per dwelling to
construct a two-family dwelling for property at 32 Forest Avenue located in an R-2 zone.
The Variances,which have been requested,may be granted upon a finding by this 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 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 carefiil consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
I. The Petitioner's, Diane& Michael Rhatigan purchased 30-32 Forest Avenue in
1985.
2. The petitioner's property consists of what was,at the time of initial subdivision,
two lots of land.
3. In 1988 the petitioners secured a Form A Plan from the Planning Board to divide
to divide the lots and planned to construct a single family on 32 Forest Ave and a
two family on 30 Forest Avenue.
.4. The Form A Plan was not recorded and leaving the property as one lot.
f
DECISION OF THE PETITION OF DIANE&MICHAEL RHATIGAN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST
AVENUE R-2
page two
5.The Petitioners,who did not build as they planned in 1988,now reside in a single
family home located at 30 Forest Avenue and are seeking to construct a two-
family home on the lot known as 32 Forest Avenue.
6. The Petitioners are seeking the following Variances for 32 Forest Avenue.
REQUIRED PROVIDED
Front Yard Setback 15 12
Lot Width 100 50
Lot Area 15,000 4,900
Lot Area Per Dwelling 7,500 2,450
Parking Requirements 3 2
Rear Yard Setback 30 25
7. Where 32 Forest Avenue was originally laid out as a separate lot,the Board
found that substantial hardship would result if the petition was denied.
8. Based on the community support for the project the Board also found that granting
the requested relief would not cause detriment to the neighborhood and in fact
would be beneficial to the neighborhood by allowing longtime residents to remain.
9. This petition was presented by Attorney Scott Grover of 222 Essex Street in Salem.
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
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 in favor and 0 in opposition to grant the
Variances requested,subject to the following conditions:
1. Petitioner shall comply with all.city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
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DECISION OF THE PETITION OF DIANE&MICHAEL RHATIGAN REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2
page three
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
S. Petitioner shall obtain a Certificate of Occupancy.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,but not limited to the Planning Board.
7. Petitioner shall obtain proper street numbering from the City's Assessors Office
and shall display said numbers as to be visible from the street
8. 30 Forest Avenue shall remain a single family dw
elling.
VARIANCE GRANTED
MAY 18, 2005
Robin Stein,Member SCK
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 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
CITY OF SALEM
BUILDING DEPARTMENT ='` ''-�� -: _-;- ----=_•
3 < CITY HALL ANNEX . p ""
' ONE SALEM GREEN16-90'
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SALEM, MASSACHUSETTS 01970 � J
AN � ..l'_:�� ` ' A
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P 038 763 S�J6
t �p e,�'��° Mr. Michael Rhatigan NavM '"'"�'�
�.v 30 Forest Ave. ist Noti;
— ; Salem, • 01970 tad Not 1 Zig
UaoLy�yRF ° i CHECgEp .9
ft
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items t
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you.The return recei t fee will rovide ou the name of the arson delivered
to and the date of delivery.Fora itiona fees t e folio services are aval a e.UG
t postmaster
or ggs an c ecc ox es for additional servicelsl requested.
1. LY Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
f'. /, (Extra charge) (Extra charge)
N•Mut 3. Article Addressed to: 4. Article Number 9
W m m
M"cline / �h��y"cJAn
Om II '4 Type of Service: > ;
Q 3 D �(�✓e S'7 Q��' ❑ Registered ❑ Insured m<
Z IJVC.nifi.d El COD m C
t /�7 Q/9 �� Return Receippt
FC ,S(} L'/lt• Express Mail ❑ for Merchandise I G
Always obtain signature of addressee m C
m L '✓�{ /Q IeSG �(/c or agent and DATE DELIVERED. Z '•
ora 8. Addressee's Address (ONLY i A m
5. Signature. -Address f at
E X requested and fee paid)
0
6. Signature — Agent
X
7. Date of Delivery
PS Form 3811, Mar. 1988 • U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT \
CUP of balem, Alam9acbUgettg
Public Prupertp department
36uilbing 3®epartment
�nme
One Roatem &teen
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
January 16, 1990
Mr. Michael Rhatigan
30 Forest Ave.
Salem, MA. 01970
Dear Mr. Rhatigan:
Please be advised that your building permit (#342-89) for 32 Forest Avenue,
Salem, MA. has expired.
Please contact me at this office if need further assistance.
Sincerely,
4�L�' 9/4,��
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. Collector of Taxes
City Solicitor
City Clerk
�' a l.ttu of ` 1L'IIL, ��llcl55cICI11I5PIf5
(OIl£ Palrm Crrrrn FILET
FGR`! A - DECISIC`: VTY CLERK. SAI;iH. HASS.
Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meeting cf t=:e S--lac. PIa-_-:ing Board held
on June 15, 1989 it was voted to endorse ^ =_-oval Under Sub-
division Control Law Not Reouired" on the followina described plan:
1. Applicant:
Henry A. Lucas
Attorney for Owners
30-32 Forest Avenue
Salem , MA 01970
2. Location and Description -
30-32 Forest Avenue
Deed of property records in Essex South District Registry.
Sincerely,
Walter Power III
Chairman
WP/sm
Cig of 'Stt1Em, ttssttt111TSEtts
Planning �Buxrb
(nitu �eB
o8alem, ,9Hlssssc4usetts 01970
NOTICE TO BE ATTACHED TO °i '_ e_
M =
FORM "A"APPLICATIONS
ca
See Form "A" applications for
complete instructions for filing. t�
All insertions shall be typewritten an
alc-
or printed neatly in ink. 7tc
N C=
N Co
Date: _June 8, 1989
City Clerk
Salem, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
The land shown on the accompanying plan is located at ___30-32 Forest Avenue
---------------------
-------•------------•------- in Ward .
insert street and street numbers here) 4torneys for Owners
Tiernes, ulos & Lucas
-- -
Street Address -----133_Washi _gl on_Street `--- — -
Saha, NIA 01970
City/rown&State----- - ------------------------------------------ -----------------------
Telephone Number ..---. - .-----6IlE-7-91=9$62---------
J
f�i#n of *IPm, 'fflttssar4usP##s
�s - �lttrltlittg �iutxr�
�� fall
�aiem, ,9Aaeeachuutte 01970
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 neatly printed
in ink.
Salem, Mass. -----------7une-_8---------------------19.89--
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) Each of the lots shown on the acoornpanying plan has adequate
fronto e on a -5----------------- -
_E
-public way pursuant to a Variance grant by e-CLt- y o� bLern,
- - ------------------------- -----
Board of Appeals.--- See copy of Board of Appeals Decision Tiled with tFe�ity
- --------------------------- ------------------- ---- -
- --------------------------------------
Cl�xk_on—August 3,__1988__attached hereto.
----------------------------------------------------------------------------
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 --Michael J`Rhatiqa and Diane Rhat_i_g_an -
-- Forest Avenue, Saler, MA 019'70
-------------
Address--------------------------------------------------- ------------------------------=-------------------
2. Name of Engineer or Surve or -Eastern Iard Survey Associates, Inc. , Christopher R. Mello PI:
- --------- - - -----------
40 ell Street, Peabody,-.+7A---DI9bU---------------------------- -
Address -------------------------------------------- ----------------------------------------------------------------
3. Deed of property records in .--Essex-South District Registry
- -- ---...---------------- ---------
Book __7681---------------------------- Page .--83-----------------------
4. Location and Description of Property: _--Lot 192: at 30 Ebrest Avenue, containing
1 1/2 story, 2 fa<tul ------------------------------ ----------
-- --------------------- ---
- ory, _ --___ -y, owner-occupied residence. Int 194: presently a vacant
lot upon which a single family dwQTling is to be-oons�rtacTed pursuant ------
----------------------------------------------------------------------------------
------------------------------------------------------------
_theabove-mentioned Variance.
---------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------- ----------------------------------..
----------------------------------------------------------------------------------------------------------------------------------------------
5. All streets and abutting tor �,''nes shall �h,ee SShown the Pla wi e e
of the abutting lots. Tierney, Ulls, n u 1�` r � �o�' rSners
Lf t/it�
r. -----------
Address Salmi,.MA_01970-------------_.-----
Telephone Number ---
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COWM1,
,• Hitt o{ FIIrIII, CtI55tIC�j1180# S
,9
vara of ��T{7f21{ CITY CLERK. SALEH Hess.
•f014ry{
DECISION ON TFIE PETITION OF MIGVUKL J. 6 DIANE RMFIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE (R-2 )
A bearing nn this peririnn was held on July 20, 1988 with the following
Board Members present: James Fleming, chairman; Richard A. Bencal,
Vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salam Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a variance from lot area
and wilth to allow constriction of a one famuly dwelling in this
R-2 district.
The variance which has been requested may be granted upon a finding of
the Board that:
r.. 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 involve 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
frau the intent of the district or the purpose of the Ordinance.
The Board of Appeal after careful consideration of the evidence presented
and after viewing the plans makes the following finding of fact:
1. The neighborhood approval vas voiced.
2. The new structure would be in keeping with the surrounding area.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
frau or nullifying the intent or purpose of the Ordinance;
' Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
I •
DECISION CN4 771E PM'ITICRN OF J. b I?IIVJE PHI\Tj('AN
FOR A VARIANCE AT 30-32 FOREST AVENUE, SALETI
PAGE 7I�JO
Therefore, the Zoning Board of Appeal voted unaniTmusl'; 7-0 to grant
the Variance requested, subject to the following conditions:
1. A Building Permit be obtained.
2. All requirements of the Salem Fire Department be adhered to;
3. That the house to be constructed be owner occupied and that
the 2 family remain a 2 family as long as it is awned by the
Ratigans if conveyed, it must remain in owner occupied cituation.
4. A Certificate of Occupancy be obtained.
5. Proper numbering for all buildings be obtained fran the City
Assessors office.
UNANIMIXISLY GRANTED
ietrerStrout, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH Tl-EE PLANNING BOARD AN) THE CITY CLERK
APPEAL FRO%' THIS mCr151(•;1 G t';v_ ql�l! PC '•lCF PLP.,^,'IAA-. Tl
� c
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3E 'r I HEREBY CERTIFY THIS PLAN CONFORMS
W n lxu! I 1�
L �V TO THE RULES AND REGULATIONS OF THE
n k �aT ,arc
OF REGISTERS OF DEEDS OF THE COMMONWEALTH
OF MASSACHUSETTS .
STEPHEN T. LaMONICA S.I.T. APPROVAL UNDER SUBDIVISION
LOCUS MAP CONTROL LAW NOT REQUIRED
SALEM PLANNING BOARD
Margaret Alice M . Auger Roger J. & Theresa L. Bertrand G. & Rachel M.
DeFrancesco Dionne Cote
50. 00 ' 50. 00'
REFERENCE : CHAIRMAN DATE
John L- & Elise
Assessors Map 33 Parcel 13 Dumais LOT 194 LOT 192 Edward F. &
Bk 7681 Pg 83 Area = 4900 SF Alicia M . Carter
Area = 4900 SF
PLAIN REFERENCE :
Bk 1438 / End
RECORD OWNER : Michael J. & Diane g �IIII 4t.' -
0
Rhatigan 2 STORY O
ao
DWELLING o'
2 FAMILY
N0. 34
NO. 30
L _r � NO. 28
L-j l
50.00 ' 1 50.00' II+
FND € TO CANAL ST. FND
Spk
I.F
FOREST AVENUE SUBDIVISION
For Registry Use Only PLAN OF LAND
LOCATED IN
ZONE R- 2, SALEM , MASS.
LOT AREA 15,000 SF PREPARED BY
LOT WIDTH 100 FT EASTERN LAND SURVEY ASSOCIATES, INC.
FRONT YARD 15 FT CHRISTOPHER R. MELLOPL.S.
SIDE YARD 10, FT 40 LOWELL STREET PEABODY, MASS.
REAR YARD 30 FT SCALE: 1 = 20 ' DEC. 16 , 1985
1
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0 � 10 20 40 60 80 F 616 8
__ _ _ _ _
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a�r L I HEREBY CERTIFY THIS 'PLAN CONFORMS
ASE TO THE RULES AND REGULATIONS OF THE
OF REGISTERS OF DEEDS OF THE COMMONWEALTH
OF MASSACHUSETTS .
—' —"
STEPHEN T. La MONICA S.I.T. APPROVAL UNDER SUBDIVISION
LOCUS MAP CONTROL LAW NOT REQUIRED
SALEM PLANNING BOARD
Margaret Alice M . Auger Roger J. & Theresa L. Bertrand G. & Rachel M.
DeFrancesco Dionne _ Cote
REFERENCE : 50. 00 ' 50. 00' CHAIRMAN DATE
John L. & Elise
Assessors Map 33 Parcel 13 Edward F. &
Dumaicf LOT 194 LOT 192 Alicia M . Carter
- Bk 76:31 Pg 83 Area = 4900 SF Area = 4900 SF
PLAN REFERENCE :
Bk 1438 / EndT�I�
_ r_ 1
RECORD OWNER : Michael J. & Diane T g �IIIILEN
4'
Rhatigan PROPOSED
ao
2 STORY
DWELLING NO. 34 / FAMILY
10' I6± '
L _ NO. 28
r
15 L
50.00 ' 50.00' 11-
s D TO CANAL ST. FND
LP
FOREST AVENUE SUBDIVISION
PLAN OF LAND
For Registry Use Only
LOCATED I N
ZONE' R-2 SALEM , MASS.
LOT AREA 15,000 SF PREPARED BY
LOT WIDTH 100 FT EASTERN LAND SURVEY ASSOCIATES, INC.
FRONT YARD 15 FT
CHRISTOPHER R. MELLO FL.S.
SIDE YARD 10 FT 40 LOWELL STREET PEABODY, MASS.
REAR YARD 30 FT u '
SCALE I - 20 DEC. 16 1985
I t� PREPARED FOR
` JAMES Mc DONNELL
o 10 20 40 so 80 F 6 1681
i
W Is 3 53
(liit of "ittlem, C HassttcllueIdis
POtitD D{ ��PZII CITY CLERK. SALEw.HeSS.
'e9
,MIN.
DECISION ON THE PETITION OF MICHAEL J. & DIANE RHATIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE (R-2) -
A hearing on this petition was held on July 20, 1988 with the following
Board Members present: James Fleming, Chairman; Richard A. Bencal,
Vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salam Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a variance from lot area
and width to allow construction of a one family dwelling in this
R-2 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 involve 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
fran the intent of the district or the purpose of the Ordinance.
The Board of Appeal after careful consideration of the evidence presented
and after viewing the plans makes the following finding of fact:
1. The neighborhood approval vas voiced.
2. The new structure would be in keeping with the surrounding area.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or purpose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
DECISION ON THE PETITION OF MICHAEL J. & DIANE PHATIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE, SALEM
PAGE TWO
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
the Variance requested, subject to the following conditions:
1. A Building Permit be obtained.
2. All requirements of the Salm Fire Department be adhered to;
3. That the house to be constructed be owner occupied and that
the 2 family remain a 2 family as long as it is awned by the
Ratigans if conveyed, it must remain in owner occupied cituation.
4. A Certificate of Occupancy be obtained.
5. Proper numbering for all buildings be obtained from the City
Assessors office.
UNANIMOUSLY GRANTED _
Peter Strout, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM, THIS DECISION. I ANY SHALL BE NAPE PURSUANT TO SECTION 17 OP THE A'A%.
GENERAL LA:lS. CHAPFER b::;. 4JJ SHA-L sr iC E9 W:1' IN 20 DAYS AFTER THE LUE OF FILING
CF THIS L_.... IN 7EE _ T .= CIEPK.
Pii7 'J 'C J. GE'nFP U.':.':. - _ ;.'.3. S:'' :i 11. T�'.. lA'i"N r .. 'Er':' ;.rP.•i.
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CITY CLERK.SALEH.10S&
haunrt�
DECISION ON THE PETITION_OF--MICHAEL-J:-&-TDIANE RHATIGAN
FOR A VARIANCE AT30-32 FOREST AVENUE (R-2)
A hearing on this petition was held on July 20, 1988 with the following
Board Members present: James Fleming, Chairman; Richard A. Bencal,
Vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a variance from lot area
and width to allow construction of a one family dwelling in this
R-2 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 involve 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 or the purpose of the Ordinance.
The Board of Appeal after careful consideration of the evidence presented
and after viewing the plans makes the following finding of fact:
1. The neighborhood approval vas voiced.
2. The new structure would be in keeping with the surrounding area.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or purpose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
J
DECISION ON THE PETITION OF MICHAEL J. & DIANE PHATIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE, SALEM
PAGE TWO
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
the Variance requested, subject to the following conditions:
1. A Building Permit be obtained.
2. All requirements of the Salm Fire Department be adhered to;
3. That the house to be constructed be owner occupied and that
the 2 family remain a 2 family as long as it is owned by the
Ratigans if conveyed, it must remain in owner occupied cituation.
�4. A Certificate of Occupancy be obtained.
5. Proper numbering for all buildings be obtained from the City
Assessors office.
UNANIMOUSLY GRANPID
Peter Strout, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO',! THIS DECISION. l' ANY. SHALT. BE VADE PURSUANT TO SECTION ] nF THE WAS&
GENERAL CHAPTER 5=:. F.:I} SH'„L F5 FILED ;J171 IN 20 )nYS AFTEP. THE G;T.E OF FILING
CF Tnli CC':.:i.,':C '. _ .._ _. _ ..Ti CLE 1K.
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JOSEPH F. COLLINS LEONARD F FEMINO
ASSISTANT CITY SOLICITOR T'o J? ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET '�R' 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
22 SO. MAIN STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET
TOPSFIELD, MA 01983 CITY SOLICITOR BEVERLY, MA 01915
745-4311 93 WASHINGTON STREET 745-4311
887-6401 AND 921-1990
PLEASE REPLY TO 22 SO, MAIN STREET 81 WASHINGTON STREET PLEASE REPL6TO OME§CHOOL STREET
SALEM, MA 01970
745-4311 '{
744-3363
PLEASE REPLY TO 01 WASHINGTON STREET
May 3 , 1989
�a
William H. Munroe, Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
32
Re: 30-N Forest Avenue, Salem
Dear Mr. Munroe:
You have requested my opinion in interpreting a July
20, 1988 variance granted at the above location. Specifically,
you have requested my interpretation of condition #3 relative
to owner occupancy of the prior existing dwelling on the
lot and the additional one-family dwelling which was granted
by the terms of the variance.
Massachusetts General Laws Chapter 40A §10 specifically
prohibits the conditioning of variances on the continued
ownership of property by a particular owner. However, this
section does not prevent the conditioning of a variance on
owner occupancy in general.
Accordingly, it is my opinion that the continued legal
use of both the one-family dwelling and two-family dwelling
is conditioned upon each being owner-occupied regardless
of whether or not the original petitioners retain title to
the same.
V tr yours
1 hae E. O'Brien
City Solicitor
MEO/jp
cc: City Clerk
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Michael
�� � � � �� �
���������| �� ^ K���l��� U
Deputy Collector ofTaxes
City vfSalem
"
7 JULY 1998
MR WILLIAM MUmROE
BUILDING INSPECTOR
CITY OF SALEM °
ONE SALEM GREEN
SALEM, MA 01970
`
RE: MICHAEL AND DIANE RHATlGAN
30 FOREST AVE"
DEAR MR. MUNRgE;
THE ABOVE NAMED ARE SCHEDULED TO APPEAR BEFORE THE BOARD OF
APPEAL, FOR A VARIANCE, ,ON 20 JULY 1988" HOWEVER, BOTH
PARTIES ARE DELINQUENT TO THE CITY OF SALEM IN THEIR MOTOR
VEHICLE EXCISE TAXES"
THEREFOR, UNTIL WHICH TIME THAT THEY FULFILL THEIR
OBLIGATIONS TO THE CITY, I AM REQUESTING THAT ALL REQUESTS
FOR PERMITS BE DENIED AND SHOULD THEY HOLD ANY PERMITS NOW,
THAT THEY BE REVOKED.
,
MI�HAEL BENC�L
DEPUTY COLLECTOR OF TAXES
CITY OF SALEM
'
^
,
'
CC DIANE RHATIGAN
MICHAEL RHATIGAN
CITY COLLECTOR
F7LE
,
, p.(l. Box 525` Salem, MA0l470 (617) 744-5946
MINUTESfi/20/88 CONTINUED
PAGE TEN
Petitioner/owner wants permission to keep the existing deck that
there. We added on a room and we needed a way to get to the door.
We also had a 3 ft. wall that goes up to our room. We cou_d not
get out there so we needed a way to get up there. So he sugested a
small deck to the door and to the back yard. It sounded good to me,
he gave us a price and my husband said go. A building inspector
who was on his way to the Condo ' s saw it and asked if we had a
Variance. I said whats a Variance, so here I am. Its been completed.
Mr. Luzinski: Out of curiosity was it a local contractor? Mrs .
Sewall: Yes . Mrs . Sewall presented a letter from one o the
neighbors . Mr. Fleming read the letter to reflect in the records
of Richard and Patricia Sanford, ll Preston Road, in favor . Mr.
Luzinski : It bothers me when a contractor puts the Petitioner in
the middle. that the only concern. Mr. Nutting: I almost think
legislature, something could be done through the City Council, there
should be some penalty to the contractor. Mr. Fleming: When you
find a licensed contractor working without a permit, isn' t there
a reporting system already. Mr. Santry: The State. Mr. Fleming:
What if it is a City of Salem license, what do we do? Mr. Santry:
I imagine it can be revoked. We have to report it to the State.
Mr. Fleming: Anything ever happens when you report it to the State?
Mr. Santry: Not to my knowledge, they can continue to work while
the case is ongoing. Mr. Bencal: I have no objection because they
did not do the actual work they relied on the expertise of others and
they are the victims. Mr . Fleming: The Sewalls would not flaunt
the law in any respect, and they are trying to resolve this and I vote
in favor. Mr. Luzinski moved to grant the petition with the
following condition: that a building permit be obtained. Mr.
Nutting seconded.
UNANIMOUSLY GRANTED
30 -32 FOREST AVENUE - MICHAEL J. & DIANE RHATIGAN
Mr. Nutting read the application fo Michael J. & Diane Rhatigan for
a variance from lot area & width to allow construction of a one
family dwelling at 30-32 Forest Ave. in this R-2 district.
A letter from the Fire Marshall who had no objections .
George P. Vallis, Church St. , Salem, represented the petitioner/owner.
The Rhatigans came before the Board of Appeal a little over 2 years
ago, had applied for a variance to build a 2 family house, and at
that time the property was in agreement to another individual . It
was denied. There here now to build a single family. Heres a little
background so we will understand there position. They are both resident
of Salem, and have lived here for about 12h years . Mrs . Rhatigan
was born and raised and educated in Salem. They bought the property
on Forest Ave. back in March 1985 . At the time they bought it they
had 2 children. The house that they presently live in was a 2 family,
the building has 4 rooms on the lst. floor, 3 rooms on the second
floor, they needed the space. They were hopeful of selling the
lot using the money from the sale to enlarge there present house.
The Variance was denied, as a result they occupied the entire house.
They have 3 bedrooms in the house since that timethey were here, they
have had another child, 2 daughters and a son. One of the children
is severly handicapped, a daughter who is 6h years old, deaf, legally
MINUTES 1/20/88 CONTINUED
PAGE ELEVEN
blind, cerebral palsy. Needless to say its a loving child, the cost
is tremendous , they need another bedroom, there is no space. What
they would like to do to build another house adjacent to the present
house. The lots were layed out in 1894 . That area around Forest
Ave. and Hersey St. there lots of similiar size, 4500 to 5000 sq.
ft. , and there are houses on all those lots . Most are single and
two family, occassional 3 family. Its a ,peculiar type of neighborhood,
the area was built shortly after the fire. They want to build a
house in Salem. In order to do this they would love to keep the
2 family and collect the rent. They dont mind a condition that the
2 family be owned by the Rhatigans . Since the time they have bought
it I would like to show you some pictures and this is a view from
Forest Ave. looking north, the empty lot was overgrown with schrubs .
The lot as it exist now has been clea ned up. Have removed 15 tons
of garbage from that lot, they have improved the appearance. A
house can be built on this lot and enhance the value of the property
in the neighborhood. Mr. Nutting: A question on the foundation
do they plan to build on a slab? Mr. Vallis : A poured foundation.
Edward Carter, 28 Forest Ave. ; John Dumais, 34 Forest Ave. ; Robert
Roderick, 17 Hersey St. spoke in favor .
No opposition.
Mr. Bencal: Should the condition of owner occupied, how would you propc
that. Mr. Vallis : If you were to grant the Variance with a condition
that the house to be constructed be owner occupied and that the 2
family house as long as itsowned by the Rhatigan. In the event thats
its conveyed that it be owner occupied. Mr. Strout made the motion
to grant with the following conditions : A building permit be
obtained. All requirements of the Salem Fire Department be adhered
to. That the house to be constructed be owner occupied and that
the 2 family remain a 2 family as long as it is owned by the Rhatigans
if conveyed, it must remain in owner occupied situation. A certificate
of occupancy be obtained. Proper numbering for all buildings be
obtained from the city assessors office. Seconded by Mr. Nutting.
UNANIMOUSLY GRANTED
NEW BUSINESS: Ward 6 Councillor has encounted a Zoning problem on
School St. She would like an administrative ruling from the Board.
Has submitted a Petition and has asked that we waive all fees
relative to the Petition. Mr. Nutting: moved that the Board waive
all fees relative to this petition. Seconded by Mr. Luzinski .
Vote 5-0, UNANIMOUSLY GRANTED.
OLD BUSINESS: Received a copy from the City Solicitor on the Stasinos
matter, he has settled and gives his reasons , conditions and what
the terms of the settlement are. In my opinion the Solicitor acted
in a most appropriate manner. Mr. Bencal moved that a letter be sent
to City Solicitor requesting clarification on changes on Chapter 498
amended 48 , specifically but not limited to section regarding the
filing of Petitions . Mr. Strout seconded. UNANIMOUSLY VOTED. Mr.
Fleming will draft the letter. Mr. Bencal moved to adjourn. seconded
and so voted.
Submitted: Lorraine Devoe, Clerk
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ATHLETIC I A 1 I I
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P B38 763 506
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to,
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card.Form 3811,and attach it to the front of the article by means of the gummed ends if space per
mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry. U.S.G.P.O.1988-217-132
Citp of harem, '41a92;aCbU2;ettg
Public Propertp Mcpartment
°ep a Aiufting Mepartment
®ne opalem oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
January 16, 1990
Mr. Michael Rhatigan
30 Forest Ave.
Salem, MA. 01970
Dear Mr. Rhatigan:
Please be advised that your building permit (#342-89) for>32�Forest Avenue;
Salem, MA. has expired.
Please contact me at this office if need further assistance.
Sincerely,
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. Collector of Taxes
City Solicitor
City Clerk
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