29-29 1/2 GREEN STREET - BUILDING INSPECTION �I 29-29 1/2 GREEN STREET
aCITY OF SALEM MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
February 17,2005
Frederick J. Atkins Trust
Frederick J.Atkins,Jr.,Trustee
24-Willow Avenue
Salem, MA 01970
Dear Mr. Atkins;
On February 15,2005,I was called to the scene of a seawall collapse at the rear of 29 %:Green
Street. Upon arrival I found that a portion of this wall approximately 20 feet in length at the eastern corner
of this wall had collapsed onto the beach,taking with it a large portion of the fence at the top o f the wall,
and some of the paved parking area above. At the western end of this affected portion of the wall,by the
two small trees,there are two large stones that are very precariously located, and in imminent danger of
falling. Also further portions of the parking area are starting to migrate down this debris field,causing an
unstable and unsafe area within about ten feet of the southern side of this parking area.
According to the plans on file with the registry of deeds this wall appears to be part of the Atkins
trust that holds the beach property(Book 6618;Page 82)listed as 24 Willow Avenue. This would make
the Frederick J. Atkins,Jr. Trust the responsible party for the repair of this collapse. Under the provisions
of 780 CMR Section 121.3 it is required that the responsible parry shall begin to make safe such an unsafe
structure within 24 hours of the receipt of such notification. Further,under Section 121.4, if after
notification that a structure is unsafe and threatens the public safety,a property owner fails to take steps to
make such a structure safe,then the building official can cause the same to be done by contractors of his
choosing, and any resulting expenses will be passed on to the property owner.
With this letter you are being notified that the seawall located on 24 Willow Avenue has been
deemed to be an unsafe structure, and you are hereby notified that you must begin immediately to make this
structure safe. If you have any questions regarding this matter please feel free to call this office. Thank
you in advance for your cooperation on this matter.
S rely,
os ph E.Barbeau,
Assistant Building Inspector
CC: file, Mayor's office, Harbormaster's Office,Councilor Veno
ofttlem, lfittss�cl��tP##s
Wne ' FWe tt (6rer I
o
m
FORM A - DECISION _
Ms. Deborah Burkinshaw
City Clerk _ 4.
Salem City Hall -
Salem, MA 01970
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on December 7 , 1995 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan:
1 . Applicant : Frederick J . Atkins and Particia M. Connollv-Atkins
5 Neptune Road
Marblehead , MA 01945
2 . Location an-C- escription:
/299 Green Street
Deed of property records in Essex South District Registry.
Sincerely,
Walter B. Power , III
Chairman
EX\DH\BPFORMA
(gt#V of $alent, SSMC�1tSE�8
m
CCU Pau
Salem, ,�., tm mean
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 - ra
be "date stamped" by the City Clerk and then one 7z -�
copy of this Form A, with the Plan, filed with the -
Planning Board by the applicant. All notices and c�
applications shall be typewritten or neatly printed Lr'
in ink.
Salem, Mass., _ Oct.ober_ ' 1995
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 Plan represents a division of two (2) buildings on �
one ( 1) lot and a frontage waiver request has been approved by the Planning
Board. -- -`
---------------- ----------------------------- --- --------------
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 __ Frederick J. Atkins and Patricia M. Connolly-Atkins
Address __- 5 Neptune Road, Marblehead, RA 01945 —
2. Name of Engineer or Surveyor -----CoastalSurv_ey-----____—______-______-__�___�_..
Address __- 130_Centre_StreetDanv_ers MA01923
- -----------------
3. Deed of property records in ...EsaeX_$011th__D-1_S_i:rlQ1-_______------_-------- Registry Cf Ceeds
Book ---4405 - - ------- Page ------171
4. Location and Description of Property: ____29_ Green Street, Sales_ MA G1970_--__
--------------------------
5. All streets and abutting lot lines shall be shown on the Plan together with the n s of the Owners
of the abutting lots. /
Signature of Owner
Address- _-
Telephone Number
LAPAYFTTC PA-4c
SALEM HARBOR- �1* i-eA Sr.
ki
LOCUS b �'
S 02=47-Y3 E -rs• //0.00 a .vicsseRvev sr.
58,00 5700 4 �r
WILLOW AV45.
SE/q�f pi�o / (V`
REG/STi@Y USE \ LOCUS PLAN 1' =400r
NOTES :
W W /) ZONING O/STR/CT = FZ 2-
APPROVAL UNDER SUBD/1//S/O/V � ® � a \ � .2)40CUS /S SHON/N ON ASSESSORSMAP 33, AS
C NTi20L�rLA , -N07- R-EQU/CEO h �c LOT S7•¢
E^ �°.�• " W \s Q �,DEED REFE/F'ENCE
' Q � BoOK 66/e3 PAGE 366
0 LOT A � ` LOT �B' ` 4) )
4 .PLAN REFERENCE:
10 599 S. J= !/ 3 9 9 5..=.
ro b.) PLAN NO. /22 OF /928
rj 0 C)RECORD a00K 754 PAGE 30O
♦ TIP-4N/D74 BETA/N/Aki. fVALL £. CNA/N L/NK FENCE — O
tit ry d.)PLAN 4300,44< .242., PLAN 79
C
p (D 0 ® Q O/ 2 3 g
ALEM /�L N/NG 60AR@O N
OATS A �1 ( / HERESY CEi@T/FY TEAT TH/5 f'LA/1/ CONFORMS
N 710 77/,E I�IJL.ES AMD REC ULAT/0/VS O.c THE REG•/57E�5
j� "t % /ST/IVC
5o' ' E� Q PAVEMENT- of bEos, � ,� '
r` 1 ST h �, . . f.x /
o � P�eoF�-ss/dN�c LANo suRv�Yoe
Q o 2 DA's �7f9s
. a g FREDERICK J. ATK1N5 ✓R .
DETA/L (NO SCALE A y F (BOOK 66/B; PAGE 82)
^ ,
o
17.3
A
3ytn
9
K p 0L . EXIST/ G /?.6 £ez ,� e
DWELLING :
0629
�.*
E T/N PloAly1 A '®
X/ G
e Z �Pa DI^!/ELL/NG
B GREEN S7 //v
` .292'
lPORCH SALEM MASS ,
,, ; .382.80 53.00 _ 57.00 _ �+ w ,
/VO2-47-/3W //0 ' (oMEO- me4p) r. scALE 20 ,SEPTEM,BER 26/ 1995
VI
y COASTAL SU!-21/,EY
o GREEN STREET _
R1 ,Q (40 ' WIDE) WAD5W0) T1Y VILLAGE
Cil %30 CE 17R�E ST., DANvER�S, MASS .
1V022-47-/3 W 456.24
(508) 774 -9450
s e '11
YJ PRESEAIT OWNER R=REDER/GIC. ATiC/NS
0 20 40 60 SO Fr.
N 70
I
S 2
t
;J
Ciitu ofulem, � Httssttcljusetts
Boura of �upeal
OCT 2d 25 Fid lq�
r, ;
�t�s
WF
DECISION ON THE PETITION OF FREDERICK ATKINS & PATRICIA_CONNOLLY_
ATKINS_FOR_A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT-29-29 1/2-)
-y GREEN STREEAT (R-2)
A hearing on this petition was held October 18,1995 with the
following Board Members present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill, Associate Member Albert LeBrecque.
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.
Petitioner is requesting a Special Permit to subdivide non conforming
lots for the property located at 29-29 1/2 Green Street. (R-2 )
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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. Petitioners own two residences, a two-family dwelling and a
three-family dwelling, at 29-29 1/2 Green Street.
2. Petitioners sought a Special Permit to allow subdivision of the
existing nonconforming lot, notwithstanding the absence of
sufficient lot area, lot width, front yard depth and side yard
width to meet the requirements of the zoning code.
• DECISION OP 7:7- PETITION OF FREDERICK ATKINS & PATRICIA CONNOLLY
ATKINS REQUESTING A SPECIAL PERMIT FOR THE =ROPERTY LOCATED AT
29-29 1i2 GREET: STREET.
page two
3 . There was no opposition to the proposed special permit.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
3. A Certificate of Occupancy is to be obtained.
4. Petitioner shall obtain proper street numbering from the City of
Salem Assessors office and shall display said number so as to be
visible from the street.
5. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to, the
Planning Board.
SPECIAL PERMIT GRANTED
October 18, 1995 t4..)
Nina Cohen
Member, Board of Appeal
c
•1
L
�_ N
_Y Ln
�n
oa
N
LX1
i.J'7
11
J •. t DECISION OF THE P77I77ON OF =REDERICK ATKINS & PATRICIA CONNOLLY
ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29
1/2 GREEN STREETR-2)
page three
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 MGL 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 MGL Chapter LOA, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or 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
o
L
2 tNll
�; s
1�
!n
A
Chi of �ttiem, 'fttssachllsetts
3� s Boura of Au{reul
e - ' OCT Z' 3 25 Fi 'S5
DECISION ON THE PETITION OF FREDERICK ATKINS 5 PATRICIA CONNOLLY
ATKINS FOR A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29 1/2
GREEN STREET (R-2)
A hearing on this petition was held October 18, 1995 with the
following Board Members present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill, Associate Member Albert LeBrecque.
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.
Petitioner is requesting a Special Permit to subdivide non conforming
lots for the property located at 29-29 1/2 Green Street. (R-2)
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconfcrming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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. Petitioners own two residences, a two-family dwelling and a
three-family dwelling, at 29-29 1/2 Green Street.
2. Petitioners sought a Special Permit to allow subdivision of the
existing nonconforming lot, notwithstanding the absence of
sufficient lot area, lot width, front yard depth and side yard
width to meet the requirements of the zoning code.
GEC_RI A OF THE PETIT'-O^; n7 =?EDERICK -.TtiI'.:S & PATRICIA CONNOLLY
ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED .:.
29-29 1,/2 GREEN STREET. ' R-_"
page two
3 . -here was no opposition to the proposed special permit.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City' s
inhabitants and may be granted in harmonv with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subiect to the following
conditions:
1 . Petitioner shall comply with ail City and State statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
3. A Certificate of Occupancy is to be obtained.
4. Petitioner shall obtain proper street numbering from the City of
Salem Assessors office and shall display said number so as to be
visible from the street.
3. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to, the
Planning Board.
SPECIAL PERMIT GRANTED
October 18, 1995 /� lfe/
Nina Cohen
Member, Board of Appeal
o
n
N
L
w
�_ N
Ln
3 S
N LO
C-n
' _._CIS7,^-,K OF TFE pc_-I-_:-- nF "EDERICK ATi'-NS h P T—Cla (=IrNHOLLY
.-KI\S REQUESTING 14 SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29
l%2 GREEN STREET ?-=?
rage three
'. COPY OF THIS DECISIONHAS BEEN FILED '. ITH THE PLANNING BOARD AND
7HE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter LOA and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter lOA, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or 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
n
H
L-
2 VNI
n C`.M7
"�. TitV of $alem, cmttssadjusetts
3
putts of Appeal
4 OCT 2y 3 i, ri 'i
01:
r r.:
DECISION ON THE PETITION OF FREDERICK ATKINS & PATRICIA CONNOLLY
ATKINS FOR A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29 1/2
GREEN STREET (R-2)
A hearing on this petition was held October 18,1995 with the
following Board Members present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill, Associate Member Albert LeBrecque.
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.
Petitioner is requesting a Special Permit to subdivide non conforming
lots for the property located at 29-29 1/2 Green Street. (R-2)
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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 . Petitioners own two residences, a two-family dwelling and a
three-family dwelling, at 29-29 1/2 Green Street.
2. Petitioners sought a Special Permit to allow subdivision of the
existing nonconforming lot, notwithstanding the absence of
sufficient lot area, lot width, front yard depth and side yard
width to meet the requirements of the zoning code.
p
DECISION OF THE PETITION OF FREDERICK ATKINS & PATRICIA CONNOLLY
ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
29-29 1/2 GREEN STREET. (R-2)
page two
3. There was no opposition to the proposed special permit.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
3. A Certificate of Occupancy is to be obtained.
4. Petitioner shall obtain proper street numbering from the City of
Salem Assessors office and shall display said number so as to be
visible from the street.
5. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to, the
Planning Board.
SPECIAL PERMIT GRANTED
October 18, 1995
Nina Cohen
Member, Board of Appeal
N
DECISION OF THE PETITION OF FREDERICK ATKINS & PATRICIA CONNOLLY
ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29
1/2 GREEN STREET (R-2)
page three
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 MGL 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 MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or 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
Date NOY 2 8 199
hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APP L has been filed in this
office: y9K
True Copy j�
T1E5T� CITY CLERK, Salem, Moss. �2
y
N
_ L
. N
u�
C
MASSACHUSETTS QUITCLAIM DEED INDIVIDUAL
01/05/96 03:15 Inst 343
(� K �-' 7r C 1 ill
y
Wife EasOte ants by the entirety, of5 Neptune Road, Marblehead,eh �MA t:
for consideration paid, and in full consideration of ONE HUNDRED
THIRTY-SIX THOUSAND AND 00/100 DOLLARS ($136,000. 00)
grant to PETER M. CUNNINGHAM of 13 Leavitt Street, Salem, MA, with
quitclaim covenants
a certain parcel of land with the building and other improvements
thereon now known as and numbered 295 Green Street, Salem,
Massachusetts, shown as Lot B on a plan entitled "Plan of Land in
Salem, Mass . " dated September 26, 1995, by Coastal Survey, recorded
with Essex South District Registry of Deeds, Plan Book 304 , Plan
67 , bounded and described as follows:
NORTHERLY by Lot A two hundred (200) feet to Salem Harbor;
EASTERLY by Salem Harbor fifty-seven (57 ) feet to land of
Frederick J. Atkins
SOUTHERLY by land of said Frederick J. Atkins two hundred (200)
feet to Green Street; and
WESTERLY by Green Street fifty-seven (57 ) feet to the point of
beginning.
Containing 11, 399 B . f. in accordance with said plan.
Also including all rights of the grantor, if any, in and to all
flats and tide water adjoining or appurtenant to the granted
premises .
For our title see deed from Frederick J. Atkins to Frederick J.
Atkins et ux dated June 16 , 1988, and recorded in Essex South
District Registry of Deeds Book 9566, Page 366 .
WITNESS our hands and seals this s day of g'amuap /49�
W X Fr eri c JFr J. A�n
U � x 7
V '� W Patricia M. Connolly-Atkins
COMMONWEALTH OF MASSACHUSETTS h,
Essex, ss.
Then personally appeared the above-named FrederiZ::ary
kins a d Patrici Connolly-Atkins and
acknowledged the foregoing instrument to be theit and ee/d, bef me
u c
My Commissione0(_TErAqy
s:
G 6S ATKINS,III
PL13LIC
AAYCOMMISSION EXPIRES MAR,20,1098
9 V