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65 JEFFERSON AVENUE - BUILDING INSPECTION 65 JEFFERSON AVENUE �- CITY OF SALEMt MASSACHUSETTS Cl I Y OF SALEM. MA 06 BOARD OF APPEAL CLERK'.S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 MAR 24 P S- 21 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF 65 R & C REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE 1/RC A hearing on this petition was held March 16, 2005 with the following Board Members present: Nina Cohen, Chairman, Nicholas Helides, Richard Dionne, Edward Moriarty and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from lot size and dimensional requirements to subdivide the lot for the property located at 65 Jefferson Avenue located in an URC zone. The Variances, which have been requested, upon a finding 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 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 this 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. Attorney William Quinn appeared and represented the Petitioner's Jeffrey Brothers. 2. The variances requested are lot size, (Lot A is 16,972 so, rather than the 40,000 required) dimensional requirements (side setback is 0; on northerly side, rather than the 30 ft. required) 3. Attorney George Atkins represented the Bouchard's who will use the lot for storage. 4. Councillor John Pelletier spoke in favor of the petition. ,a DECISION OF THE PETITION OF 65 R & C REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE page two 5. Use will be for temporary storage of vehicles and storage of car parts in enclosed garage. 6. There is to be no auto repair work on this site. On the basis of the above finding of fact, 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 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. 2. All construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 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. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. Petitioner shall obtain proper street numbering for the City's Assessors Office and shall display number so as to be visible from the street. 7 There shall be no auto repair on site. (4imjalc ��c/h Variance Granted Richard Dionne �Ct�_\ March 16, 2005 Board of Appeal JJ ✓ 1 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 the 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. �� onwr CITY OF SALEM, MASSACHUSETTS a" s BOARD OF APPEAL� y 123 WASHINGTON ST EET, RD FLOOR C1jY fly �FI lCi�3 CLERK TEL. (978) 745.9595 FAX (978) 743-9846 STANLEYJ.MAYOR YICZ, JR. loo b C "j� P : 0� DECISION OF THE PETITION OF CHARLES &RAYMOND JEFFREY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE URC A hearing on this petition was held November 20, 2002 with the following Board Members present: Nina Cohen,Chairman,Richard Dionne, Stephen Harris, Nicholas Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from the off-street parking requirements of the Zoning Ordinance for the property located at 65 Jefferson Avenue located in an URC zone. The Variances, which have been requested, upon a finding 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 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 this 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: L Attorney Scott Grover of Essex Street in Salem represented the petitioners Jeffery Brothers Furniture, a retail store and warehouse that seeks to operate its business in a former furniture store at 65 Jefferson Avenue. 2. Petitioner seeks a variance from the parking requirements of the ordinance on the grounds that the needs of the business would be met by the off street parking provided by the existing lot, which as capacity for 58 cars and two loading docks. 3. Petitioner submitted plans for traffic flow on the site. At intervals, petitioner will park delivery trucks in an indicated area within the lot, while their cargo awaits � 5 j CII Y OF SALEM, MA DECISION OF THE PETITION CHARLES &RAYMOND JEFFREY REQUESTIIVOLERK'S OFFICE A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE URC page two unloading when not used for this purpose, such spaces will be available for customeADJAEC -u P I. 08 in addition to the 58 spaces provided. 4. There was no opposition to the proposed variance. On the basis of the above finding of fact, 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 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. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a Certificate of Inspection. 4. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said numbers. 5. Petitioner shall obtain a building permit prior to beginning any construction 6. All construction shall be done as per the plans and dimension submitted and approved approved by the Building Commissioner, 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the planning Board. CITY Ot SALEM. MA DECISION ( W ITlk PFHTION OF UI IANLha A, RAYM0 ,N ) ,il l;l'RFY CLERK'S OFFICE REQUESTING A VARIANCE hOlt Tl ll[ I'Rl.)I't?li'I'1' L.O(.'A'1'1i.1) AT 65 JEFFERSON AVIN111: page three 1001 DEC -4 p 3 O8 8. Variance rctlucxlcil is for the use of this husiness only and shall expire t(' prolx-rty is subdivided., Variance Granted November 20, 2(N)? / \ Sohl Nina Cohen, Chairman Board of Appeal A COPy OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE cI1Ty 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 day 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 f Plans must be Sled and approved by the Inspector before a permit will be granted. No. ��a-gam City of Salem Ward Is Property Located in the Historical District? Yes_ NOX YI Home Phone# 7 Is Property Located in a 9 Conservation Area? Yes_ No ''+ y' Bus.Phone# �� 1�r+�I� RV&GGic ;�-,�/33b APPLICATION FOR PERMIT TO ('f)NSTQl1I'T POOH , D KS�� 7--ejV T Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address 7:U f) ,i T VnV Architect's name H L) ?� Mechanic's name and address !-fil C n Q/ 2 P/'1 c`°i GT S 1— Af !J,O)e J� Location of building, No. What is the purpose of building? fin/ T Material of building? I Jv o4-fi If a dwelling,for how many families? Will the building conform to the requirements of the law? Estimated cost , Ii 1) • ESI // Contractors Lie. No. G Signature of applicant a=&=eL - r Signed Under the Penalty of Perjury REMARKS »17/a// /� T r n/ Noo?Do? �3 Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location E ec.Eer'se �-A PERMITGRANTED 1917j App wilding Inspector T ,. Fee $10.00 �%���Y -;j ire �rpnrinunl �'�rnaquarlrra 48 nf:c�ciYrircr! Cash: Ck;`.' ;11(lcl a1Lm, {u. 01970 Rec'd by: Joseph F. Sullivan Chief —��`— APPLICATION/PERMIT TO ERECT TENTAGE OVER 120 SQUARE FEET IN THE CITY OF SALEM ACCORDING TO THE MASSACHUSETTS FIRE PREVENTION REGULATION 527CMR19 .00 AND THE SALEM FIRE PREVENTION CODE, ART.;•30. APPLICANT: I (jA/ 1-c7 ,Q ADDRESS: print CITY: yf4l STATE: pl&/j ZIP: U PHONE: 75�T—s!1/6 LOCATION OF TENTAGE: 601.11' h2frtw L©Z- 1� S J er-reRd'Olj 01•,NER OF PROPERTY : --"r- 7�V 5 r,-J oU I r&2ae ADDRESS: Tr :eV2S0A-1 CITY:trA,:P,e-04 STATE: M&a ZIP: &J90 PHONEI: '' INSTALLER/RENTAL CO. OF TENTAGE: ajAen A-go t:r q-Lm) -(_ PHO(JE: -77 nooREss:J/,f P1J .SpeG'J— CITY : ROP)_STATE:_&)LZIP: 6IE20 1)06 CC C e ry o f 5)k—°rY7 A- ie Jt;L /<33C Indicate with reference to property lines and other buildings the location of the tent- age on the back of this form: M4TERIAL USED: TYPE: MtANUFACTURER:_ 0 �/ SIZE OF TENTAGE : �f�1,Yltoj NAME OF TESTING AGENCY :�r[� I �/J Y3yGaz r© AGENCY APPROVAL NUMBER: r I /m `�//�'� CERTIFICATE OF FLAME RESISTANCE: C A P(D CONDITIONS OF APPROVAL OTHER THAN AS PER THE FIRE PREVENTION REGULATIONS: SALEM BUILDING DEPART.NENT PERMIT NUMBER: SITE INSPECTION DATE: �/3 ,DATE OF ISSUE: EXPIRATION GATE: 6 /D . - APPROVED OY :� TLE: IRA BRIAR f #tits of :JIm �e �rrr�e REGISTERED , 1ssuED BY APPLICATION ANCHOR INDUSTRIES INC. Date of Manufacture NUMBER EVANSVILLE,INDIANA 47711 F121.4 R O MANUFACTURERS OF THE FINISHED T2737$8 TENT PRODUCTS DESCRIBED HEREIN This is to certify that the materials described have been flame-retardant treated (or are inherently noninflammable) and were supplied to: NAME: Hueco CITY DANVERS STATE MASS Certification Is hereby made that: The articles described on this Certificate have been treated with a flame-retardant approved chemical and that the application of said chemical was done in conformance with California Fire Marshall Code, equal to or exceeds NFPA 701, CPAI 84 MIL-C-43006 - Method of application: LAMINATED - - - Type,color and weight of canvasJvinyf: 15 OZ: BOYLES.BIG,,TOP WRITE-_DACRON_, Description of Item certified: 40 X_.60, 31PIECE SQ. END _ - Flame Retardant Process Used Will Not Be Removed By Washing And Is Effective For The Life Of The Fabric JOHN BOYLE'a CO. Signed: Name of Applicator of Flame Resistant Finish STATESVILLE, NC - - TENT DEPARTMENT—AN HO INDUSTRIES INC. - LOUIS BROWN - _ 11,215,199 1!:_1.6 FAX 975 745 3309 TINTI QUINN GROVER FREY. e002 TINTI, QUINN, GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSETTS 0/9763705 wILL1AM I.t;NTI TUIPHUIM WILLIAM 13,ARDUF((965•1995) WILLIAM F.QUINN f978)7454M5 • (978)7443949 M.ARCIA MULI°ORD CINI of Cou'vSEL $C(1T3M..CROVER TELEWPIER (978)7455359 - IPSWICH OFFICE, MARC.^,FREY esma(1:[in[iAshum.ne[ T'NO L'EN'CP-Al.STREET IPSWICH.MASSAC;'USEITS 01938 (978)35(-IR79 December a'.8. 1999 VTA TELEFAX Treasurer's Office City Tull One Salem Green Salem.MA 01970 ATTN: Ed Devereaux R.F.: 65 Jefferson Avenue Dear Ed. In response to your request regarding the status of the foreclosure of the tar- taking against the above-referenced property,I have enclosed a copy of Iny most recent correspondence with the band Caart- I am optimistic that this letter will resolve the concerns which the Court had about the taking. Assmning that the Court issues the Citations which I requested within the next month, I believe we can complete the remainder of the process in approximately thref:to four months. Please feel free to cavi if you have any questions or need furtber information. Very truly yours, Scott M. Grover SMG:kr Enclosure 12':8;'99 11:16 ASA718 745 3389 TINTI QUINN GROVER MEY, X003 TINTI, QUINN, GRovER & IFREY; P.C. zzz Esm STREET SALEM,MASSACHUSETTS 01976-3705 Wnr.IAM r.TINTI TUD41ONE WILLIAM&AROIF'F tr945-(9453 WnUAM F.QUINN (978)7458045• (478)744.2948 KENNETH 1.PERLOW . SCOTT M.GROWER '[E1.EC.,OPM OF COL`M EL MARC P.FREN (976)745J369 MARCIA MUI K*0 CFNI aamil:trtiri©atmeeeia OF COLWSEL IPSWICH OFFICE; IWO CENT"L FMEr Ir75%ICH.MASS.4CHL5 rs619.8 (978)358,'e'87$ November 29, 1999 Charles W.Tromblp Recorder-Land Court 24 New Chardon Street Courthouse Boston,MA RE. Land Court 118280 City of Salem 65]afferson Avenue Dear Mr,Trombly: This is in receipt of your letter requesting'information on the following items. Please find copies of five(5)Deeds from the Essex Retry that pertain to the locus and hopefully resolves the gap in the chain of title, Kindly note that the conveyances fail to mention an area to the parcel and the description used is consistent throughout. I. Book 5359 page 268 dated June 15, 1977 whereby A.C.Titus and Company Inc. conveys parcel to Aaron Glickman. 2. Book 6587 page 555 dated March 21, 1980 where Aaron Glickman conveys to Aaron Glickman,Trustee a£the A&A Realty Trust 3. Aaron Glickman conveys to AARECO Inc.dated May 1, 1981 and recorded in Book 6815 page 199. 4. Aaron Glickman Trustee of the A&A Realty trust to AARECO Inc, dated September 15, 1983 and recorded in Book 7222 page 389. 5. AARECO Inc. deeds the property back to Aaron Glickman on September 18, 1984 and recorded in Book 7525 page 85. For your convenience,find enclosed copies of Tax Takings recorded at the Essex Registry of Deeds in Book 10983,pages 469 through 473 whereby the date of"Caking is Garber 18i 1991.As you can see,the erroneous date of taking mentioned in this case is only a typographical error rather than an error in procedure. 12/26/89 11,:16 _FA3__97P 745 3.369 TINTI OUINN GROPER FREY. f .,004 The appointed examiner believes that Eastern Massachusetts Electric Company has a deeded interest in the property in question. After extensive research at the Essex Registry it is of my opinion that the deed mentioned in Book 3633 page 218 is for the adjacent parcel. I=enclosing the following; 1. Conveyance from A.C. Titus Company to Eastern Massachusetts Electric Company dated October 25, 1948 and recorded in Hook 3633 page 218_The deed mentions an area of 1.2 acres, 2. Deed and plan to New England Power Company recorded in Hook 3813 page„220 to 226 dated March 26, 1951. Please note that the plan mentions an area of 5.3 acres. 3. City of Salem Assessor's Plan for 65 Jefferson Avenue and abutting lot. Those two(2)conveyances total 6.5 acres which is the area assessed to New England Power Company, Since all the previously mentioned couveyances for 65 Jefferson Avenue fail to mention an area in total,find enclosed a copy of the original plan recorded in Hook 1620 page 489.. Although the assessors plan mentions an area of 1.5 acres for 65 Jefferson Avenue the remaining,3 area is the portion that abuts property currently owned by New England Power Company_ To resolve a passible service requitement in the future,New England Power Company can be served at 25 Research Avenue,Westborough,Mass 01581 attention property Tax Department. In view of the above it is also requested that Citation now issue to remaining parties entitled to notice. Very truly yours, Tax a Name: GLICKMAN, AARON Interest Date: 12/28/99 Transaction History Status: ACTIVE Parcel: 024-0115-000 TitIeID: 0048 Location: 65 JEFFERSON AV Type Taxyear Date Amount Principal Paid Interest Paid Principal Due Treasurer Fees Balance Due PMT / / 0.00 TXT 1990 10/18/91 16,626.29 16,657.04 16,657.04 PMT 11/29/91 200.00 200.00 16,657.04 16,763.53 TXT 1991 12/16/91 13,826.49 30,483.53 30,714.95 PMT 12/17/91 200.00 200.00 30,483.53 30,527.14 PMT 01/15/92 200.00 200.00 30,483.53 30,714.28 PMT 02/26/92 200.00 200.00 30,483.53 31,075.18 PMT 04/13/92 200.00 200.00 30,483.53 31,503.14 PMT 05/28/92 200.00 200.00 30,483.53 31,903.67 PMT 06/29/92 250.00 250.00 30,483.53 32,080.44 PMT 07/31/92 250.00 250.00 30,483.53 32,257.21 PMT 09/01/92 250.00 250.00 30,483.53 32,433.98 PMT 10/06/92 250.00 250.00 30,483.53 32,650.38 PMT 10/28/92 250.00 250.00 30,483.53 32,693.02 PMT 12/03/92 250.00 250.00 30,483.53 32,924.66 PMT 01/11/93 250.00 250.00 30,483.53 33,195.93 PMT 02/03/93 250.00 250.00 30,483.53 33,253.81 PMT 04/01/93 250.00 250.00 30,483.53 33,765.90 PMT 06/07/93 250.00 250.00 30,483.53 34,412.12 PMT 07/29/93 250.00 250.00 30,483.53 34,857.14 PMT 08/31/93 250.00 250.00 30,483.53 35,049.15 TXT 1992 11/01/93 16,183.64 46,667.17 52,061.94 PMT 11/15/93 250.00 250.00 46,667.17 52,096.61 PMT 02/03/94 250.00 250.00 46,667.17 53,484.63 PMT 03/21/94 275.00 275.00 46,667.17 54,152.31 Page 1 Per Diem: 20.45 Type Taxyear Date Amount Principal Paid Interest Paid Principal Due Treasurer Fees Balance Due PMT 05/12/94 275.00 275.00 46,667.17 54,941.32 TXT 1993 06/09/94 15,240.27 61,907.44 70,755.60 PMT 08/23/94 275.00 275.00 61,907.44 72,517.35 PMT 10/11/94 275.00 275.00 61,907.44 73,573.36 PMT 11/21/94 275.00 275.00 61,907.44 74,412.69 PMT 02/06/95 275.00 275.00 61,907.44 76,230.16 TXT 1994 03/01/95 16,229.16 78,136.60 93,084.59 PMT 03/15/95 275.00 275.00 78,136.60 93,286.22 PMT 04/22/95 275.00 275.00 78,136.60 94,316.10 PMT 06/08/95 275.00 275.00 78,136.60 95,650.71 PMT 07/28/95 275.00 275.00 78,136.60 97,086.90 PMT 11/09/95 275.00 275.00 78,136.60 100,374.93 PMT 12/01/95 550.00 550.00 78,136.60 100,575.04 PMT 03/28/96 275.00 275.00 78,136.60 104,339.70 PMT 05/22/96 275.00 275.00 78,136.60 105,947.79 PMT 08/02/96 275.00 275.00 78,136.60 108,141.91 PMT 09/18/96 275.00 275.00 78,136.60 109,476.52 PMT 10/24/96 275.00 275.00 78,136.60 110,436.08 PMT 01/17/97 275.00 275.00 78,136.60 113,075.58 TXT 1995 03/07/97 19,307.30 97,443.90 134,062.82 PMT 03/11/97 275.00 275.00 97,443.90 133,963.22 PMT 04/30/97 550.00 550.00 97,443.90 135,547.24 PMT 06/05/97 275.00 275.00 97,443.90 136,811.85 PMT 07/10/97 275.00 275.00 97,443.90 138,027.74 PMT 08/13/97 275.00 275.00 97,443.90 139,204.65 PMT 09/16/97 275.00 275.00 97,443.90 140,381.56 PMT 11/07/97 275.00 275.00 97,443.90 142,328.28 PMT 12/20/97 275.00 275.00 97,443.90 143,885.23 PMT02/23/98 275.00 275.00 97,443.90 146,387.38 Page 2 Per Diem: 42.71 Type Taxyear Date Amount Principal Paid Interest Paid Principal Due Treasurer Fees Balance Due PMT 03/18/98 550.00 550.00 97,443.90 146,821.56 TXT 1996 04/08/98 20,357.07 117,800.97 168,075.11 TXT 1997 04/08/98 16,170.47 133,971.44 184,245.58 PMT 04/16/98 550.00 550.00 133,971.44 184,164.48 PMT 04/17/98 550.00 550.00 133,971.44 183,668.07 PMT 05/04/98 275.00 275.00 133,971.44 184,397.86 PMT 06/15/98 275.00 275.00 133,971.44 186,587.93 PMT 10/01/98 275.00 275.00 133,971.44 192,649.78 TXT 1998 02/24/99 16,436.45 150,407.89 217,660.40 PMT 02/25/99 2,551.64 2,551.64 150,407.89 215,168.92 CHG 1,049.00 216,217.92 BAL 12/28/99 150,407.89 1,049.00 236,387.62 Page 3 Per Diem: 65.93