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30 ALBION STREET - ZBA � o Alb � 5�-. J �� goND1rq,q CITY OF SALEM9 MASSACHUSETTS dJ BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR aC SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 1009 JUL 28 P 3 fq KIMBERLEY DRISCOLL MAYOR FILE TM CITY CLEpK, S LEf July 28, 2009 Decision City of Salem Zoning Board of Appeals Petition of KEN CORNEAU, seeking Variances from maximum lot coverage and minimum front, side and rear yard setbacks, to allow for the construction of a 14'x 20' one-story garage and breezeway attached to the house on the property at 30 ALBION STREET, Salem,MA, in the Residential One-Family Zoning District(R- 1). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-4, Table I: Residential Density Regulations. Statements of fact: 1. Jesse Tremblay, a contractor working on the project, presented the petition. The owner and petitioner,Ken Comeau,and his wife Patricia Comeau,were also present. 2. In a petition dated June 16, 2009,the petitioner requested Variances from lot coverage and minimum front,side and rear yard setbacks,to allow for the construction of a 14'x 20'one-story garage and breezeway attached to an existing house. 3. A public hearing on the above mentioned Petition was opened on July 15,2009, pursuant to Mass General Law Ch. 40A, §4 11. The pubic hearing was closed on July 15,2009, with the following Zoning Board of Appeals members present: Robin Stein (Chair),Richard Dionne,Beth Debski,Annie Harris,Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). 4. A statement of hardship was submitted with the application, stating that the garage was needed to help accommodate the health conditions of two residents of 30 Albion Street,since travel into and out of the car in the winter was difficult. A letter from Mr. Comeau's physician was also submitted confirming he has ocular pharyngeal muscular dystrophy. 5. At the hearing,Ward 4 Councillor Jerry Ryan spoke in opposition to the project, stating the proposed garage would be too close to abutters in an already crowded neighborhood. Another resident also opposed the project, citing concerns that it would be too close to the propane tank on his properly. He gave the Board a petition with 15 signatures of residents opposing the project. 2 6. At the hearing,sonic Board members stated that the propane tank would likely be safer if the cars at 30 Albion St. were parked inside the proposed garage rather than outside. 7. At its meeting on July 15,2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Special Permit under§6-4, Table I: Residential Density Regulations. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted,makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district. The small size of the lot make it difficult to adhere to the dimensional requirements of the R-1 zone. 2. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant. Two residents of 30 Albion Street have health conditions that create difficulties in transportation, which justifies the relief requested. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The proposed garage would be located far enough away from the abutters' home that the project would have minimal impact on the neighbors. 4. The applicant may vary the terms of the Residential One-FamilyDistrict to construct the proposed development,which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 5. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for the construction of the garage and breezeway as proposed,the requested Variances from dimensional requirements for structures in the Residential One-Family zone are granted. In consideration of the above,the Salem Board of Appeals voted,five (5) in favor (Stein, Harris,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for Variances subject to the following terms,conditions, and safeguards: 3 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved bythe 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. Rla a n bt—oz,�lAml Rom Stein, Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds. This Notice tiled with the Salem City Clerk on: 2009 (1UG I I P 1: 21 NOTICE OF ACTION OF ZONING APPEAL UNDER MASS. GENERAL LAWS CHAPTER 40A. SECTION 17 Propert Land and buildings known as 30 Albion Street, MA Record Owners: Kenneth A. Comeau and Patricia A. Comeau Zoning Decision Appealed: This an appeal of the Decision of the City of Salem Board of Zoning Appeal dated July 28, 2009, said Decision having been filed with . the Salem City Clerk on July 28, 2009. The Appellants are: Sally A. Butler and Paul G. Butler, Sr., both as Trustees of The Thirty Two Albion Street Realty Trust, all as more specifically identified in the Verified Complaint referred to hereafter Land Court Case: A Verified Complaint appealing the Zoning Board's Decision pursuant to Mass. General Laws Chapter 40A, Section 17, was filed with the Massachusetts Land Court on August 11, 2009 and docketed by the Court as Miscellaneous Case No. 09-MISC 407991-CWT. A copy of the Complaint as filed with the Land Court is attached hereto. This Notice Filed bv: William F. Quinn, Esq. Tinti, Quinn, Grover & Frey, P.C. 27 Congress Street, Suite 414 Salem, MA 01970 (978) 745-8065 Counsel for the Plaintiffs Sally A. Butler and Paul G. Butler, Sr., Trustees JRT Z I 09 AUU i ( 10: 06 ,,-iC9M`l00NWEAL1lj OF MASSACHUSETTS ESSEX, SS. LAND COURT nFPARTMENT CIVIL ACT 09 Mise 407991 --CWT IIIINIIIII�IIII�DIIIhIIIIId�II�IUIIIII011�llllllllglllda SALLY A. BUTLER AND Butler, Sally A PAUL G. BUTLER, SR., BOTH AS TRUSTEES OF THE THIRTY TWO ALBION STREET i REALTY TRUST, i Plaintiffs V. VERIFIED COMPLAINT ROBIN STEIN, REBECCA CURRAN, RICHARD E. DIONNE, BETH DEBSKI BONNIE BELAIR, JIMMY TSITSINOS AND ANNIE HARRIS, as they are Members of and Constitute the City of Salem Board of Zoning Appeal and KENNETH A. CORNEAU AND PATRICIA A. CORNEAU, Defendants INTRODUCTION 1. This is an appeal pursuant to M.G.L. Chapter 40A, Section 17, of a Decision of the City of Salem Board of Zoning Appeal (hereinafter referred to as the "Zoning Board") acting as the Variance Granting Authority under the Salem Zoning Ordinance, wherein the Board of Appeals exceeded its authority by granting certain variances to Defendants, Kenneth A. Comeau and Patricia A. Comeau (property owners). The variances granted allow for a deviation from required maximum lot coverage, and from the applicable front, side and rear yard setback requirements, to allow the defendants to construct a non-conforming garage and breezeway to be attached to their two-family dwelling. The Board exceeded its authority by granting such Variances without adequate, factual or legal grounds, and the Plaintiffs, who are immediate abutters, seek to have the Court annul that Decision. 2. An attested copy of the Decision of the Zoning Board of Appeal, which was filed with the City of Salem City Clerk on July 28, 2009, is attached hereto as Ex. 1. PARTIES AND JURISDICTION 3. The Plaintiffs, Paul G. Butler and Sally A. Butler are the Trustees of The Thirty Two Albion Street Realty Trust u/d/t dated January 4, 2002 and recorded at Essex South District Registry of Deeds at Book 18154, Page 278 (the"Plaintiffs"). A copy of that Declaration of Trust is attached hereto as Ex. 2. 4. The Plaintiffs reside at 32 Albion Street, Salem, MA (the Plaintiffs' Property), and own that Property pursuant to the deed of Sally A. Butler to them dated January 4, 2002, recorded at said Registry Book 18154, Page 282, a copy of which is attached hereto as Ex. 3. 5. The Plaintiffs' Property consists of a single-family dwelling with a detached garage on a parcel of about 5,500 of land, which Property is located in the R-1 (Single-Family) Zoning District under the City of Salem Zoning Ordinance and Map. 6. Defendants Kenneth A. Comeau and Patricia A. Comeau (the "Defendants") are a married couple who own and reside at the premises known as 30 Albion Street, Salem, Essex County, MA (the "Defendants' Property")pursuant to the deed of Thomas J. Leahey and Claire Y. Leahy dated July 18, 1994, recorded at said Registry Book 12667, Page 175, a copy of which deed is attached hereto as Ex. 4. 7. The Defendants' Property consists of a two-family residential dwelling located on a parcel of about 2,789 sf of land, which is also located in the R-1 (Single Family) Residential Zoning District under the City of Salem Zoning Ordinance and Zoning Map. 8. The Plaintiffs and Defendants are direct abutters, and share a common boundary line. A copy of a portion of City of Salem Assessor's Map 15 showing the abutting properties is . attached hereto as Ex.S. 9. Defendant Robin Stein is a member of the Salem Board of Zoning Appeal who resides at 141 Fort Avenue, Salem, MA, who is sued in her capacity as a Board member and not individually. 10. Defendant Rebecca Curran is a member of the Salem Board of Zoning Appeal who resides at 14 Clifton Avenue, Salem, MA, who is sued in her capacity as a Board member and not individually. 11. Defendant Beth Debski is a member of the Salem Board of Zoning Appeal who resides at 43 Calumet Street, Salem, MA, who is sued in her capacity as a Board member and not individually. 12. Defendant Bonnie Belair is a member of the Salem Board of Zoning Appeal who resides at 102A Wharf Street, Salem, MA, who is sued in her capacity as a Board member and not individually. 13. Defendant Richard Dionne a member of the Salem Board of Zoning Appeal who resides at 23 Gardner Street, Salem, MA, who is sued in his capacity as a Board member and not individually. 14. Defendant Annie Harris is a member of the Salem Board of Zoning Appeal who resides at 28 Chestnut Street, Salem, MA, who is sued in her capacity as a Board member and not individually. 15. Defendant Jimmy Tsitsinos is a member of the Salem Board of Zoning Appeal who resides at 6C Wharf Street, Salem, MA, who is sued in his capacity as a Board member and not individually. 16. The defendant members of the Salem Zoning Board of Appeals are collectively referred to herein as "the Zoning Board". 17. The Land Court has original jurisdiction of land disputes, including this zoning appeal, for parties and land in all counties of Massachusetts, pursuant to M.G.L. Ch. 40, Sec. 17. STATEMENT OF THE CASE: ALLEGATIONS OF FACT AND LAW 18. By Petition filed with the Zoning Board on June 16, 2009, defendant Kenneth A. Comeau (presumably for himself, and as agent for his wife defendant Patricia A. Comeau) requested Variances from the applicable provisions of the City of Salem Zoning Ordinance (the "Zoning Ordinance") as to maximum lot coverage, and as to the minimum front, side and rear yard setback requirements of the Zoning Ordinance, which would then allow them to construct and occupy an attached 14' x 20' one-story garage and breezeway that would otherwise be non- conforming as to all such requirements. A copy of the Defendants' Petition is attached hereto as Ex. 6. 19. The Salem Board of Zoning Appeal conducted a public hearing on the Defendants' Petition on July 15, 2009. 20. At the hearing, the Defendants submitted a plan entitled "Proposed Breezeway& Garage, Salem, Massachusetts, Plan of Land Prepared for: Kenneth and Patricia Comeau, 30 Albion Street", prepared by Reid Land Surveyors, dated June 9, 2009(the Proposed Plan"), which illustrates the"Proposed Garage", its dimensions of 14' x 20', and the non-conformities for which Variances were requested, as follow: Ordinance Requires: Variance Requested: Lot Coverage: Maximum of 30% to allow 40% Front Yard depth: Minimum of 15 feet to allow 7.5 feet Side Yard width: Minimum of 10 feet to allow 4.8 feet Rear Yard depth: Minimum of 30 feet to allow 27.5 feet A copy of the Proposed Plan is attached hereto as Ex. 7. 20. At the public hearing, the only evidence that the Defendants presented to justify the Variances related not to the Defendants' Property, but to the personal health of Defendant Kenneth A. Comeau, and of his mother-in-law, who also resides at the Defendants' Property. The Defendants submitted a letter to the Board dated June 1, 2009 in which they state: "We are caring for our elderly mother, who throughout the year makes frequent trips to doctor appointments and the hospital. In the winter months and inclimate weather, it is difficult to get her in and out of the car. The attached garage as described would allow us to easily transport her to and from her appointments, lessening her chance of falling." A copy of this letter is attached hereto as Ex. 8. The Defendants also submitted a letter dated July 8, 2009 from James A. Russell, DO, Lahey Clinic, stating: "TO WHOM IT MAY CONCERN I am writing on behalf of my patient, Mr. Kenneth Comeau, who is afflicted with genetically proven ocular pharyngeal muscular dystrophy." The letter was accompanied by one page from an unattributed source listing symptoms this disease. Copies of the letter and the list of symptoms are attached hereto as Exs. 9 and 10. 21. This evidence submitted by the Defendants was irrelevant to the Board's Decision, because by law, a variance may be based "only upon circumstances which directly affect the real estate and not upon circumstances which cause personal hardship to the owner." Huntington v. Zoning Bd. of Appeals of Hadlev, 12 Mass. App. Ct. 710, 715, 428 N.E.2d 826, 829 (1981); see, e.g., Wynn v. Board of Appeals of Saugus, 358 Mass. 804, 263 N.E.2d 440 (1970) (rescript) (financial duress due to disability and need to support large family); Aronson v. Board of Appeals of Stoneham, 349 Mass. 593, 594, 211 N.E.2d 228, 229 (1965) (invalid child). The health of the landowner, his or her financial situation, and any other considerations unrelated to the underlying real estate are irrelevant to the board's inquiry into the question of substantial hardship. Paulding v. Bruins, 18 Mass. App.Ct. 707, 711, 470 N.E.2d 398, 400-01 (1984); see also Mitchell v. Board of Appeals of Revere, 27 Mass. App. Ct. 1119, 537 N.E.2d 595 (1989). 22. The Defendants submitted no evidence whatsoever to the Board that owing to circumstances relating to the soil conditions, shape, or topography of the land or structures and especially affecting.their land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the Zoning Ordinance would involve a substantial hardship, financial or otherwise, to the Defendants. 23. Plaintiff Paul G. Butler, Sr. appeared at the hearing, and spoke in opposition to the petition, citing numerous concerns, including the fact that the garage would be constructed only 4.8 feet from his property line and a large propane tank that he legally maintains immediately behind the fence, which could cause the severe safety hazard in case of fire in the proposed garage. 24. The twenty-foot long wall of Defendants' proposed garage will run along and will be set back only 4.8 feet from the common boundary line with the Plaintiff, which will invade Plaintiffs' privacy, and will completely block and obstruct light and air, and the views of the streetscape that Plaintiffs presently enjoy from the living areas and master bedroom of their home. Plaintiffs believe that with the garage and breezeway being constructed so close to the boundary line, it is likely to cause noise, trash and artificial light(from cars and outdoor lighting fixtures) to spill over onto and'invade Plaintiffs' Property. 25. If 40% of the lot is covered by structures, and with the additional paving fora driveway to serve the proposed garage and breezeway, Plaintiffs believe that it is likely to cause excess surface water runoff onto Plaintiffs' Property, damaging Plaintiffs' land and flooding their basement which has a fieldstone foundation. 26. Plaintiffs believe that the garage and breezeway are likely to cause the Plaintiffs to suffer traffic and parking congestion, and exhaust pollution. 27. Plaintiffs believe that the garage and breezeway are likely to cause a real and quantifiable loss in the fair market value of the Plaintiffs' Property. 28. These negative impacts will cause specific and identifiable harm to the Plaintiffs' property rights and legal interests that are unique and different from the interests of the community in general. 29. At the Zoning Board's public hearing, the elected City Councilor representing the neighborhood spoke in opposition to the Defendants' Petition. X 30. A written statement opposing the Petition and signed by fifteen (15)neighbors was filed with the Zoning Board. A copy of that signed statement is attached hereto as Ex. 11. 31. After closing the public hearing, the Zoning Board voted 5-0 to approve the Variances. 32. On July 28, 2009 the Board's Decision was filed with the Salem City Clerk. An attested cony of that Decision as filed with the City Clerk is attached hereto as Ex 1 33. The Plaintiffs are Parties aggrieved by the Decision of the Zoning Board of Appeals within the meaning of M.G.L. Chapter 40A. 34. As direct abutters, the Plaintiffs are presumed by law to be"aggrieved", and to have standing to appeal this Decision. 35. The reasons recited by the Zoning Board in the Decision are legally insufficient and not a valid basis for the granting of the variances. 36. The Zoning Board had no evidentiary basis to find, and did not find in the Decision, that circumstances directly affecting the Defendant's real estate, its soil conditions, shape, or topography especially affect the Defendants' land and structures such that a literal enforcement of the Zoning Ordinance would involve a hardship, financial or otherwise to the Defendants. 37. The Decision of the Zoning Board was unsupported in fact or law, was arbitrary, capricious, exceeded the Zoning Boards' authority, and should therefore be annulled. REQUESTS FOR JUDGMENT AND RELIEF WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter judgment for the Plaintiffs and against all Defendants as follow: 1. that the Zoning Board had no adequate factual evidence or legal grounds to support the Petition of the Defendants for the Variances to construct the garage and breezeway, and the Zoning Board is directed to deny the Petition; 2. the Zoning Board's Decision was arbitrarily, capricious, exceeded the Board's authority, and the Decision is therefore ANNULLED; 3. if the Court finds that the Defendants (Comeaus) have defended this case frivolously and without any reasonable cause, then the Court award the Plaintiffs their court costs, costs of action including expert witness fees and their reasonable attorneys fees against the Comeaus; and 4. such other relief as the Court deems appropriate. Respectfully submitted, Sally A. Butler and Paul G. Butler both as Trustees Of The Thirty Two Albion Street Realty Trust By their attorney, William F. Quinn BBO No. 409300 Tinti, Quinn, Grover & Frey, P.C. Street 27 Congress , Suite 414 Salem, MA 01970 (978) 745-8065 Email: williamfquinn(a)aol.com VERIFICATION The undersigned, being duly sworn, depose and say: I have read the foregoing complaint and know the contents thereof, and the factual allegations therein are true of my own knowledge, except as to any matters stated on information and belief, which I believe to be true. all A. Butler Paul G. Butler, Sr. Subscribed and swom to before me on this 7th day of August, 2009. *^ o Notary Public `r My commission expires: 2M I87019 808154 P9:278 1 DECLARATION OF TRUST 01107/2N2 10:40:00 DNTR va 111 ESTABLISHING THS THIRTY TWO ALBION STREET REALTY TRUST PAUL G. BUTLER, SR. and SALLY A. BUTLER, both of Salem, Essex County, Massachusetts, hereby declare as Trustees that any and all property and interest in property that may be acquired hereunder (the "Trust Estate") shall be held in trust for the sole benefit of the beneficiaries for the time being hereunder, r upon the terms herein set forth. The term "Trustee" wherever used herein shall mean the Trustee named herein and such persons who hereafter are serving as Trustee or Trustees hereunder. The rights, powers, authority and privileges granted hereunder to the Trustee shall be exercised by such person or persons subject to the provisions hereof. I . The trust hereby established may be referred to as THE THIRTY TWO ALBION STREET REALTY TRUST. II. The term "beneficiaries" wherever used herein shall mean the beneficiaries listed in the Schedule of Beneficial Interests this day executed and filed with the Trustee, or in a Revised Schedule of Beneficial Interest, if any, from time to time executed and filed with Trustee. The Trustee shall not be affected by transfer of any beneficial interest until receipt by the Trustee of notice that such transfer has in fact been made and a Revised Schedule of Beneficial Interest has .been duly executed and filed with the Trustee. A Trustee may without impropriety be a beneficiary and exercise all rights of a w beneficiary with the same effect as though he or she was not a H Trustee. N HIII. The Trustee shall hold the principal of this Trust and receive the income therefrom for the benefit of the beneficiaries, oe and shall pay the income to the beneficiaries in proportion to a their respective interest prior to the conclusion of each calendar year. w IV. The Trustee may open, maintain and, at will, close out Y any checking and savings accounts and safe deposit boxes in any a bank or other financial institution. The Trustee may deposit funds and other assets of the Trust in such institutions and such safe deposit boxes, and may disburse such funds on checks signed aw a by the Trustee or by any person authorized in writing by the wTrustee to do so, and may withdraw such funds and other assets on instruments of withdrawal signed by the Trustee or by any person c authorized in writing by the Trustee to do so. Each such institution shall honor all checks and other instruments signed w 4 by such person authorized to have access to such safe deposit boxes. Such institutions may rely fully on the Trustee's signed a a authorization to do so, so filed by the Trustee with said institution. w1TTPLea KWQ AT"Wc V Except as expressly provided in Paragraphs III and IV ��O�O"'�"mow hereof, the Trustee shall have no power to deal in or with the Trust Estate except as directed by the beneficiaries. when, as, U1ta4 w01no-►w► 010 1t►-S]►► if and to the extent specifically directed by the beneficiaries, the Trustee shall have full power and authority, to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of the Trust Estate for such consideration consideration) as the Trustee may be directed nbyuthe9 nominal beneficiaries (including without limitation the full power and authority to delegate to any person all power and authority to sign checks, notes, and other instruments or orders for the payment, transfer or withdrawal of money for whatever purpose and to whosoever payable, including those drawn to the individual order of a signer, and all waivers of demand, protest, notice of protestor dishonor of any check, note or other instrument made, drawn or endorsed in .the name of the Trust) and as lessor or as lessee to execute and deliver leases and subleases, and to borrow money and to execute and deliver notes or other evidence of such borrowing, to execute and deliver guaranties of obligations of others and to secure those guaranties with mortgages on the Trust Estate, and to grant or acquire rights or easements and enter in into agreements or arrangements with respect to the Trust Estate, cluding the execution of all types of contracts, agreements or options, directly or indirectly, related to the development of land andh te construction of buildings. If directed by the beneficiaries as provided herein, the Trustee may engage in self- dealing, conveying any interest in the Trust Estate to him/herself. The. powers enumerated above shall include the power to manage the trust property, keep it in good repair and fully insured, pay the taxes, collect the rents and pay all the mortgage indebtedness. Any and all instruments executed pursuant to powers herein contained may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of the Trust . Notwithstanding any provisions contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve it in any personal liability unless first indemnified to its satisfaction. Whenever there is more than one Trustee of this Trust, all powers of the Trustees may be exercised by as of thi Trustee. VI. The Trust may be terminated at any time by a majority in interest of the beneficiaries by notice in writing to the Trustee and the other beneficiaries. Termination shall be effective when a certificate thereof signed and acknowledged by a Trustee hereunder is recorded with the Registry of Deeds. The Trust shall terminate in any event twenty-one (21) years from the date hereof, unless extended by the vote of a majority in interest of the beneficiaries. Upon termination, the Trustee shall transfer and convey the specific assets constituting the Trust Estate, subject to any leases, mortgages, contracts, or other encumbrances, to the beneficiaries as tenants in common in proportion to their respective interest hereunder. VII. Any Trustee may resign by written instrument signed and acknowledged by such Trustee and recorded with the Registry rHN-PLEewNMof Deeds. In the event of the death, incapacity or failure to serve for whatever reason of PAUL G. BUTLER, SR. , the said SALLY AT`O1d" "" w A. BUTLER shall be the sole Trustee. If SALLY A. BUTLER fails or M pzzOML t1RRLT mal"0107F ,OR Orr TI9- 2NOI87019 8k:1815� Pg:279 2 01/07/2002 13:40:00 0N7R PO 2/4 J ceases to serve for any reason, PAUL G. BUTLER, JR. , of Danvers, Massachusetts, shall be the Successor Trustee. Succeeding or additional Trustees may be appointed or any Trustee removed by an instrument in writing signed by a majority in interest of the beneficiaries. namingthe 1Trustee cor1Trustees tappointed or a certificate orremoved, aandT in case of any appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded with the Registry Deeds. Upon the a e th of to the Trust Estate pshall ethereupon and succwithoutTrustee, hetnecessitythe lofe any conveyance be vested in said succeeding Trustee jointly with the remaining Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights, powers, authority and privileges as if named as an original Trustee hereunder. No Trustee shall be required to furnish bond. VIII. This Declaration of Trust may be amended from time to time by an instrument in writing signed by a majority in interest of the beneficiaries and acknowledged by such beneficiaries, provided in each case that the instrument of amendment or a certificate by any Trustee setting forth the terms of such amendment shall be recorded with the Registry of Deeds. IX. No Trustee hereunder shall be liable for any error of judgment nor for any loss arising out of any act or omission in good faith, but shall be responsible only for a willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustee. X. Notwithstanding any of the other provisions of this instrument to the contrary, if any, no purchaser, transferee, pledgee, mortgagee, lender or other person, or entity contracting with any Trustee shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of the Trust have been complied with. Every contract, lease, deed, mortgage, note, guaranty, check, or other instrument of any kind executed or action taken by the Trustee regardless of the adequacy of the consideration or whether or not constituting self-dealing by the Trustee shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or of the taking of such action this Trust was in full force and effect, that such Trustee's execution and delivery thereof or taking of such action was duly authorized and directed by the beneficiaries, and that such instrument or action taken is valid and legally enforceable. XI. Any person dealing with the Trust Estate or any one Trustee may always rely without further inquiry on a certificate signed by a person appearing from the records of the Registry of Deeds to be a Trustee hereunder as to who are the Trustees or the beneficiaries hereunder or as to the authority of a Trustee or the Trustees to act or as to the existence of any facts which WHWPLseKING.PC, constitute conditions precedenttoacts by the Trustee or which Arro K"uw are in any other manner germane to the affairs of the Trust. ONOL w 0191 - orm w-Iw 1802618788619 Bk;18154 P9,286 01/07/2007 13:10:00 ONTR PO 314 3 XII. ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY DEALING OR CONTRACTING WITH THE TRUST OR ANY TRUSTEE OR EXTENDING CREDIT THERETO SHALL LOOK ONLY TO THE ASSETS OF THE TRUST ESTATE IN ORDER TO SATISFY ANY CLAIM, DEBT OR OBLIGATION OF THE TRUST ESTATE OR TRUSTEE. NO TRUSTEE OR BENEFICIARY SHALL BE PERSONALLY LIABLE AS AN INDIVIDUAL FOR SUCH CLAIM, DEBT OR OBLIGATION, UNLESS SUCH TRUSTEE OR BENEFICIARY HAS CONSENTED IN WRITING TO DO OTHERWISE. XIII . The term "Registry of Deeds" as used herein shall mean 1��47 the Essex District Registry of Deeds. If this Declaration of Trust is recorded or filed for registration in any other public office, any persons dealing with portions or all of the Trust Estate as to which instruments are recorded or filed for registration in such office in order to constitute notice to persons not parties thereto may rely on the state of the record with respect to this Declaration of Trust in such office. With respect to such portions or all of the Trust Estate, the term "Registry of Deeds" as. used herein shall mean such office. WITNESS the executi fereof under seal by the undersigned this -y7-A day of > 2002. AUL G. BUTL , SR. , Trustee SALLY BUTLER, Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS ! t 2002 Then personally appeared the ove-named PAUL G. BUTLER, SR. and SALLY A. BUTLER, Trustees as aforesaid, and acknowledged the foregoing instrument to be their free act and deed, before me, ry Public My commission expires: iwe 2112111711619 Bk;18154 Pg;281 01/07/1007 13:40:00 DNTR PO V4 W1741i Y N24M P.C. - 1P'f01Vtn AT uW •rma,�sTw'T - Y104 w.a,�7oNaR Oto fIF•"• 4 L. SALLY A. BUTLER, eIYAACHUZZ"I rV IYCN LAIN Oleo EO"IONN IIN OIVIOVALI IEt ry of Salem, Essex County,Massach,,,em, defnglU4narr/tgf"COnslderatlon paid,and Infill consideration of Nominal consideration of less than One Hundred (;100.00) Dollars, grant to SALLY A. BUTLER and PAUL G. BUTLER SR., Trustees of THE THIRTY TWO ALBION, e STREET REALTY TRUST, u/d/t dated 1!9-- 4 , 2002, recorded herewith, n �'� of 32 Albion Street, Belem, Maaeach setts 01970, with 1ptftdtdm rDgetuttlN 0 m Z r 1 lCiesscrtPnun and rncumbrarwes,nasty) u m The land in said Salem, with the buildings thereon, bounded and described as m follows: g NORTHWESTERLY: Fifty (50) feet by Albion Street; ,r NORTHEASTERLY: One hundred and nine (109) feet more or lees by land now or m late of Corea SOUTHEASTERLY: Fifty (50) feet by the Gallows Hill pasture, uso called w SOUTHWESTERLY: One hundred and nine (109) feet more or lees by land u in now or late of Trofatter. m 0 �+ For Grantor's title see Deed of PAUL G. BUTLER, at ux, dated April 25, 1995, recorded in Essex South District Registry a 9 ry o£ Deeds, Book 13004, Page 195. N NO TITLE SEARCH. a 1111iir�iiiNiio;111a1 4:181.4 kZ2 - 01,10712q;ap;Of YaD Vp 1/I l♦itgeg/ my Land and sral this Zx Al�— day of2002 (Obs,MOMMDntutaltp Df Maagatbusetta ESSEX, ss. - Gl C•' 2002 Then PCMMUy appeared the above named SALLY A. BUTL41 and acknowledged the foregoing Instrument to be her rte act and deed fort e MYcommnllon<apirn�'%,j '� (/C/a Return to Sally A. Butler Paul G. Butler, Sr. ('Individual—Joint Tenants—Tenano in Common.) 32 Albion St. Salem, MA 01970 CHA"ER Ie)SEC.6"A MEN DED NY CHA ITEM 497 of 1969 „.,<:..e....._.,.,.._,. Every dead p,eaented for emud trail mutate or have endorsed upon It the full same,mid,=and pool omce address of the yullee Lida KCl td of m!amp1111 of the full consideration thereof ISPOCiftn dulling or the NIum*(the qhs,mnuiarnobntoffi r,It nm delivered fur goomuedby t�,Y�«.o'rWlmtutd,"l�WDaseen tuersementtfor the mnveyarlce without de duction for alq lMu m encubrLtc,a , With Nb aaetbn ahali tmt as tfroadM vticlit army deed.Nendonemenn and"cent',hall he muscled n part Of the deed.hours,to<omplrr the requi emenn Et rust sus 1DD. Y Y repute"o(dced"hali accepladcrd(or recording uNnall hist camplialxe rllh / 07/18,194 12114 Inst 265 .., �1 BK 12667 PG 175 QUITCLAIM DEED ,O We, Thomas J. Leahy and Claire Y. Leahy of Salem, Essex County, Massachusetts, for consideration paid of EIGHTY THOUSAND ($80,000,00) DOLLARS Il grant to Kenneth A. Corneau and Patrioia A. Corneau, Husband l� �\ and Wife, as Tenants by the Entirety, of 30 Albion Street, Salem, Massachusetts \ with Quitclaim Covenants - all. of our right, title, and interest in othe land in said Salem, with the buildings thereon, bounded J and described as follows: NORTHWESTERLY: by Albion Street, fifty (60) feet; `, NORTHEASTERLY: by land now or formerly of Dunn, fifty-five �l and 23/100 (65.23) feet; SOUTHEASTERI,Y: by Lot B on plan hereinafter referred to, fifty-one and 01/100 (51 .01 ) feet; and. SOUTHWESTERLY: by land now or formerly of Crowdis, fifty-five and 26/100 (55.26) feet. QBeing Lot A on plan recorded .with Essex South District Registry of Deeds, ook 3391, Page 410. Being the same premises conveyed to us by deed of Ralph W. Horwood and Catherine C. Horwood dated March 8, 1958 and recorded with Essex South District Registry of Deeds, Book 4444, Page 383. .WITNESS our hands and Beale this Ze day of July, 1994. Commonwealth of Massachusetts Essex, as. July /00 , 1994 Then personally appeared the above-named Thomas J. Leahy and Claire Y. Leahy and acknowledged the foregoing instrument to be their free act and deed before me. - ary ublic y Comm. �j r - - 1p% '•3F4.60 CASI1 ;464.00 '4033A000 PXC1.9E. TA% i 1590 e 1543 yKra- 15, a idt4 ` L 2 d� v 4 45 1 3 F {124"Sf ru AA; 15 +a >s 15,-( 2 .K 31 O .`r ♦ GA 15'17 �P� 64 1516 e � 1533 5' 50 � E :�� > Ai' t c, 5 z 15M6 _ yy y ® 1 po 563 53 s�x 3 1564 ®02 a.- v 7 4'r 1512 15011 504 `t 15igAio '`•, ' 15-93 .0^ _ s9., 5im �p S 15,94C�jJ 5, 9 60 15,1' 7 We, the undersigned, hereby OPPOSE the Petition submitted by KEN COMEAU, seeking Variances from maximum lot coverage and minimum front, side and rear yard setbacks, to allow for the construction of a 14' x 20' one-story garage and breezeway attached to the house on the property at 30 ALBION STREET, Salem, MA, in the Residential One-Family Zoning District (R-1). ME ADDRESS '_�_ T 1. Z. 3. 4. 3 3 S. �29 n/ av, / �?-- e ' 6. 8. C, ayt �fb�onrr � v�. 9. 10. �3�o uz d_34 11. 12. :AA� 1• 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. -25. !' Commonwealth of Massachusetts Land CourtJo.7991 - Department of the Trial Court Case No. w Civil Cover Sheet First Plaintiff Sally A. Butler, TrusteeFirst Defendant Robin Stein Locus Address/Descripbon 30 Albion Street CityiTown Salem Instructions Part I-To Be Completed by Plaintiff(s)'Counsel: FOR ALL MISCELLANEOUS CASES(EXCEPT cases filed pursuant to Servicemembers Civil Relief Act): 1. Using the list below,please number,with the Number 1,the main cause of action on which you base your complaint. and 2. Place a check mark next to each other cause of action in your complaint. and 3. Is this complaint verified? ® ties [I No and 4. Are there any related cases filed in the Land Court Department? ❑ Yes ® No If yes,please provide the Case No.(s): ZAC Appeal from Zoning Board MAD Determine Fiduciary Authority G.L.c.40A,§ 17 G.L.c.240,§27 ZAD Appeal from Planning Board PAR Partition 1 G.L.c.41,§81BB G.L.c.241 Z3A Validity of Zoning RED Redemption G.L.cc.240,§ 14A, 185,§ 16%:) G.L.c.60,§76 ZEN Enforcement of Zoning SP Specific Performance of Contracts G.L.c.40A,§7 G.L.c. 185,§ I(k) COT Remove Cloud on Title MBF Determine Municipal Boundaries G.L.c.240,§6-10 G.L.c.42,§ 12 DOM Discharge of Old Mortgage WE Determine Boundaries of Flats - G.L.c.240,§ 15 G.L.c.240,§ 19 LVT Affirm Tax Foreclosure-Land of CNC Certiorari-G.L.c.249,§4 Low Value-G.L.c.60,§SOB MAN Mandamus-G.L.c.249,§5 MTB Try Title 7TRE Trespass to Real Estate Involving G.L.c.240,§ I -5 Title-G.L.c. 185,§ I (o) MWA Recover Freehold Estate(Writ of EQA Equitable Action Involving Any Entry)-G.L.c.237 Right,Title or Interest in Land MRC Determine Validity of Encumbrances G.L.c. 185,§ I (k) G. L.c.240,§ It- 14 ARA Affordable Housing Appeal CEREnforce Restrictions G.L.c.40B,§21 G.L.c.240,§ 10A- 10C OTA Other V r , Part IL-Uniform Counsel Certificate-to be filled out by Plaintiff(s)' Counsel at the time of initial filing. All other counsel'shAt file within thirty(30)days of initial entry into the case,whether by answer,motion,appearance or other pleading. FOR ALL MISCELLANEOUS CASES(EXCEPT Mortgage Foreclosures under the Servicemembers Civil Relief Act) Iamattorney-of-record for: Salley A. Butler and Paul G. Butler, ,Sr. , Trustees Plaintiff/Defendant in the above-entitled matter. If Defendant(s)'Attorney,please provide Case No. . In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution(SJC Rule 1:18)which states in part:". . . Attorneys shall: provide their clients with this information about court-connected dispute resolution;discuss with their clients the advantages and disadvantages of the various methods of dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its equivalent I hereby certify that I have complied with this requirement. BBO# 409300 � �/ v v ..,�/ Signature of Attomey-of-Record Date: 8/10/2009 William F. Quinn, Esquire Please Print Name Exempt Cases: Tax Foreclosures,Mortgage Foreclosures under the Servicemembers Civil Relief Act and all cases related to original and subsequent registration under G.L.c. 185,§ I. Z ZONING BOARD OF APPEALS PETITION FORM v��u4olr��' Cl-I ' OFSALEM, MASSACIIUSETTS ZONING BOARD OF APPEALS 1-20 WASHINGTON SIREET,3RD FLOOR (/ SALE•vt, MASS:ICI1('Sf: 7S 0I9'o a P9 ��p,ct� Danielle McKnight,Staff Planner Thomas St. Pierre, Building Inspector = 'Ply, g1>`t`" 1.9'9-619.5685/f. 978-'4()-0404 t. 9-'8-01')-5041"f.')78-7-4)-t)846 S TO THE BOARD OF APPEALS: 1> The Undersigned represent that he/she is/are the owners ora certain parcel of land located ai Address: Z W oning District: An application is being submitted to the Board of Appeal for the following reason($): Tins statement musl describe what you propose to build, the dimensions, the zone property is in, and the coning requirements. Evamale- 1 am proposing to construct a 10'.r l0'one story addition to my home located at 3 Salem Lane, in The R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear curd to be 30 feet. The c•tp-rem dept)o%my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet. �C ''r` —r`Y'�` '��_-ro �f�rx•d- Q 1y' x ��' rx)e �4,rr,� �Nr acn��F' h C- R— 1 2m3101 d cct. ' 4- .T —�no*L�q rxdcnta.lca refit_ Yrs min rrt,m � fl2kN &-"U eear yae f io be It) c ,a t Comment c�e�tlt '15 ,- f a&A der ih� 4irrs.e ui11 be Lf-6 a4- 5t ke sem! lank r (O't='ee¢ CvI(lr,F Sok. ►a1c.(c :.S S'M 4reoa- LF4 rit.QR ca..f 14 �r6 tirtJ.��,Fae� kite �ara� 't 6wJ)- '4'kanC to,tl l02 0. P�'4IM y)tic sa.4 back 6� �'4�f - For this reason I am requesting: `)) �ol- CN"t�dgt� i1 (✓f Variance($) from provisions of Section C-q of the Zoning Odinance,specifically from - S_eQ[ 1', ac `)ftaC_y &Cat S-I 44-, ) $) Motu-�qj� Qc� (i.e. mininmmdepthaJ'rearyard). Whatis allowed is t) I `) t $) '/S 4) 30/�— - (p?sq.10 stories? %?), and what am proposing is f�.Q'i s it => } �'y�tl n� �sq j?stories? ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan'? (example: Tiro rantily l/onte) _ ( ) Yes ( I No n)a because The Undersigned hereby petitions file Board of Appeals to vary the terns of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted.as the enforcement of said Zoning By-Laws would involve Practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. i/ I V ZONING BOARD OF APPEALS PETITION`FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands, buildings, and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. ( ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art. V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading; c) Adequacy of utilities and other public services: d) Impacts on the natural environment, including drainage; _ e) Neighborhood character; and o Potential fiscal impact, including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ql previous applications to the petitioner or his representative. _ - /jdljjerenr jrompetitioner: Petitioner: J�ei) Co<o erct-, -L Property Owner: Address: 30 Al b; oil nyree t Address: Telephone: / Telephone: Signa re- Signature(Attached consent letter is also required) Date Date If differentfrom petitioner: A TRUE Representative: ATTEST Address: Telephone: Signature Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERKDIVED This uri.ginal+gq+licminn nmst he/fled with dre('in'Clerk. JUN 1 6 2009 CC'INA�':J17Y�+flOFNEtV7 i i. ,04 ZONE: R1 RESIDENTIAL ONE FAMILY PROPOSED BREEZEWAY & GARAGE EXISTING LOT COVERAGE = 28% vl�o?PROPOSED LOT COVERAGE = 40% "I CERTIFY THAT THE DWELLING IS LOCATED AS SHOWN."LOTA N/F 2,7891,1S.F. RAL W. REID P.L.S. JOANNE ATKINSON & SUZANNE DZIADYK NOTE: THIS PLAN WAS PREPARED PARCEL w 15-02a O FROM A TAPE SURVEY. RECORD OWNERS: IN KENNETH A. CORNEAU SHED GROUND AND SW]D LI POOL PATRICIA A. CORNEAU J I� 51.01 BOOK 12667 PAGE 175 N/F �..•* OEM a? SALLY & GRAPHIC SCALE N/F S PAUL BUTLER KENNETN & / PARCEL w 1e-023s-0 a a o a ro o PATRICIA CORNEAU - rPROPSED m m PARCEL 0 15-02]}0 w tK •r R ( 0P 167 ) u 2 1/2 STORY 1 loa6 + CD R VINYL SOW RB 030 032 SALEM , MASSACHUSETTS PLAN OF LAND PREPARED FOR: "' S0'00 " KENNETH & PATRICIA CORNEAU 30 ALBION STREET ALBION STREET PARCEL ID 15-0234-0 REID LAND SURVEYORS 365 CHATHAM STREET L ° LYNN, MASSACHUSETTS R09-069 _ LTS. DATE: JUNE 9, 2009 SCALE: 1"=20' 0 t d Monday,June 1,2009 Zoning Board of Appeals City of Salem 120 Washington Street Salem,MA 01970 Dew Members of the Board, I am proposing to construct a 14' x 20' one-story attached garage with small breezeway to my home located at 30 Albion Street. Due to the small house lots in the area,we are applying for a variance on the rear,side and froof nt backs-The zoning d front and side setbacks of 0'. The requires a minimum depth of the rear yard current setbacks of the home are approximately 14.5' in the rear,3.T on the left side,and 22.5 on the right side. The new structure which we are propto build will have a proposing rear setback of approximatelY 27.5' and a side set back of approximately 4.8'. The front set back will be the same as the existing home,which is currently 7.5'. We are caring for our elderly mother,who throughout the year makes 6N'trips to doctor appointments and the hospital. In the winter months and described weather, allow us difficult to get her in and out of the car. The attached lessening her chances of falling. to easily transport her to and from her appointments, The existing home is considered a non-conforming lot due to the side,rear and front setbacks. our proposal for an attached garage will not encroach any further than it currently does on the left side and rear setbacks. Therefore,we feel as though we are not creating any substantial detriment to the public good,and without n ullifying Or substantially derogating from the intent of the district or the Purpose f the Ordinance- Thank you Kenneth and Patricia Comeau 30 Albion Street Salem,MA 01970 41 Mall Road Burlington,MA.Q1805 781-7 -5100 CLINIC July 8, 2009 RE: CORNEAU, KENNETH LC#: 2458158 DOB: 04/19/1948 Visit ID :L2458158 TO WHOM IT MAY CONCERN: I am writing on behalf of my patient, Mr. Kenneth Comeau,who is afflicted with genetically proven ocular pharyngeal muscular dystrophy. If you have any further concerns or questions regarding this matter, please feel free to contact my office. Sinc/ussell, JamDepy 781-744-8632 JAR:0505 D:07/08/2009 17:08:05 T: 07/08/2009 21:30:51 J: 8850657 CC: THIS DOCUMENT WAS ELECTRONICALLY AUTHENTICATED BY James A Russell,DO ON 0710912009 07:19:45 Oculopharyngeal Muscular Dystrophy (OPMU) �s characterized by weakness ,- __- of the muscles that control the eyelids(leading to droopy eyebds, a condrtidn" also known as ptosis). and by weakness of the facial muscles and .11 b pharyngeal muscles (those in the throat used for swallowing). It also affects limb muscles Symptoms of the disease usually don't begin until the mid-40s - or 50s, but can occur earlier OPMD is usually inherited as a dominant disease, but rare cases.may show a recessive pattern of inheritance When muscle tissue from a person with OPMD is examined under a high-powered microscope, clumps of proteins calledinclusions are seen in the muscle cell nuclei(the cellular compartments that contain the chromosomes), and bubblelike structures (vacuoles)appear in the muscle cells. The disease is most common in French-Canadian families or families of - - French-Canadian descent. There's also a high incidence of OPMD among Hispanic residents of northern New Mewoo. OPMO also can affect people who aren't of French-Canadian or Hispanic background. - Alh,it Causes -.PMP The gene that's defective in OPMD was discovered in 1998ft tames instructions for a polyadenylate binding protein(PABPNI)that's normally present in the cell nucleus Researchers suspect that in OPMD. the presence of extra amino acids in the protein made from a defective PABPNI gena interfering with cell causes the PABPNI protein to clump together in the muscle cell nuclei. perhaps P n9 function The disease often can be diagnosed with a DNA test for the most common PABPNI mutation P rubie�r.s ani SoluUr•.ns .n iiF MU Dysphagia Difficulty swallowing, or dysphagia, can cause a person to aspirate food or I x., .41_� - ! liquid into the lungs, which in tum may lead to a serious problem Called I �' y y "e� aspiration pneumonia. If you find that you're choking frequently while eating xp" ? + ,v or drinking, you may need to have your swallowing abilities evaluated by a professional. There are a number of techniques that may help treat dysphagia. ranging from holding the head in different positions to changing the consistency of foods and liquids. Commercial thickeners may give liquids a more manageable consistency. In advanced cases, a nonsurgical procedure called throat stretching or a surgical procedure called a cncopharyogeal myotomy may be warranted. Tube feeding is another option for advanced cases. Your will refer you to a speech-language pathologist(SLP)or an _ otolaryngologist(ear, nose and throat doctor) as needed_ Ptosis vios .. CRUTCH Droopy eyelids,or ptosis. can significantly impair vision and may lead to social awkwardness - i This problem can be resolved with a type of surgery called a tromabs sling I performed by an oculoplastic surgeon Or. for a'low-tech-solution,some + -- people use attachments to glasses that hold the eyes open These are called t-- , eyelid crutches or ptoses crutches. - - Llmbweakness Trouble with picking up the feet when walking can lead to stumbling and falls —� Leg braces. a cane or walker can help. Eventually,those with OPMD may need to use a wheelchair to make mobility more convenient Upper arm and shoulder weakness that limits function can be addressed with adaptive techniques through occupational therapy. - A z� ZONING BOARD OF APPEALS PETITION FORM W,NCDNDIN,, CITY OF SALEM, MASSACHUSETTS ry rk ZONING BOARD OF APPEALS y ...... ..:. ?! 3 120 WASHINGTON STREET,3RD FLOOR — o a,V SALEbt,\IASSACHUSEI-I'S 01970 C�* 9 �p h' 7a.e_w7•:''qY� Danielle NIcKnight,Staff Planner Thomas St. Pierre, Building Inspector _` 1.978-619-5685/f. 978-740-0404 t.978-619-5641If. 978-740-98�G-- �MhVE))� ` TO THE BOARD OF APPEALS: = `•y D The Undersigned represent that he/she is/are the owners of a certain parcel of land located �n C ; W Address: ) �I �1C� c7i, Zoning District: � -I`"? — - An application is being submitted to the Board of Appeal for the following reason(s): This.statement must describe what you propose to build, the dimensions, the_one property is in, and the zoning requirements. Example: 1 run proposing to c•onstnret a 10'x 10'one story addition to no,home located at 3 Salem Lane, in the R-2 Zoning District, The Zoning Ordinmice requires the minimum depth gjthe rear vard to be 30 feet. The current depth o/'my rear vard is 32 feet the proposed addition would reduce the depth of the rear yard to 22 feet. cu& V(VP 51t 4. -'.M )(7 - a IT )LZ0' ()le 5Ior'1 &KACFur' R— Zai71a d(gkti 4 'TIV- 2t dM exdenmce (`e jzCrtS t'1'tin'r1ru'Al 6P0441 dr--ttta {e4f Vas-a 80 be 24) Beek i'm-COM'If dwIlt '15 ;q S antA Uc tltl ra1c wi l4 tW_ 52� hlkk eails Fir w'Feet CUSCen} 5tke, 5ek 64 (, '5 1, Fee-4- loft i tCiz cn..1 Ig Pwt ticl,tlk ft4-4ec kl.c 1wrAo 5 bu JJ- t-kj2, (N;%( be a e'QJ14 y1aL sal back aFN.s.Iur �� �ol cu�Arege For this reason I am requesting: i) V!Variance(s)from(provisions ofpSection 'p_o"f the�Zoning O dinance,specifically from S.`A $'� e Rr� y arc Ste.-}- A'1. q a!0. St1-fo 2Lk— (i.e. inininutm depth of rear vard). What is allowed is t) 1S ''� �) s) /� .3 O� (ft?sq ft?stories? %?), and what I x - - am proposing is 2, J-`�.B'i StY�qpis ".sq ft?stories?o?). O A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example. Two Family Home) O Yes ( ) No n/a because The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. h ZONING BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant; and 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. ( ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art. V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character; and I) Potential fiscal impact,including impact on City taz'base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative. /f differentfrom petitioner: Petitioner: 1/)" ca-l) (1 ec,"— Property Owner: tr4 Address: W w 5Vc-tet Address: Telephone: Cv7�� Telephone: Signa re Signature(Attached consent letter is also required) Date Date /f different from petitioner: A TRUE Representative: ATTEST Address: Telephone: Signature Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application trust be filed with the Cin,Clerk. r OPWIT CITY OF SALEM, MASSACHUSETTS y BOARD OF APPEAL 1 20 WASHINGTON STREET, 3RD FLOOR 3 " SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 1009 .lit(. 0 KIMBERLEY DRISCOLL Z8 P 3� MAYOR C11 I 11 July 28, 2009 Decision City of Salem Zoning Board of Appeals Petition of KEN CORNEAU, seeking Variances from maximum lot coverage and minimum front, side and rear yard setbacks, to allow for the construction of a 14' x 20' one-story garage and breezeway attached to the house on the property at 30 ALBION STREET, Salem, MA, in the Residential One-Family Zoning District(R- 1). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §64,Table I: Residential Density Regulations. Statements of fact: 1. Jesse Tremblay, a contractor working on the project, presented the petition. The owner and petitioner, Ken Comeau, and his wife Patricia Comeau,were also present. 2. In a petition dated June 16, 2009, the petitioner requested Variances from lot coverage and minimum front,side and rear yard setbacks,to allow for the construction of a 14'x 20' one-story garage and breezeway attached to an existing house. 3. A public hearing on the above mentioned Petition was opened on July 15, 2009, pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on July 15,2009, with the following Zoning Board of Appeals members present: Robin Stem(Chair),Richard Dionne,Beth Debski,Annie Harris, Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). 4. A statement of hardship was submitted with the application,stating that the garage was needed to help accommodate the health conditions of two residents of 30 Albion Street, since travel into and out of the car in the winter was difficult. A letter from Mr. Comeau's physician was also submitted confirming he has ocular pharyngeal muscular dystrophy. 5. At the hearing, Ward 4 Councillor Jerry Ryan spoke in opposition to the project, stating the proposed garage would be too close to abutters in an already crowded neighborhood. Another resident also opposed the project,citing concerns that it would be too close to the propane tank on his property. He gave the Board a petition with 15 signatures of residents opposing the project. 2 6. At the hearing,some Board members stated that the propane tank would likely be safer if the cars at 30 Albion St. were parked inside the proposed garage rather than outside. 7. At its meeting on July 15,2009, the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Special Permit under§6-4, Table I: Residential Density Regulations. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district. The small size of the lot make it difficult to adhere to the dimensional requirements of the R-1 zone. 2. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant. Two residents of 30 Albion Street have health conditions that create difficulties in transportation, which justifies the relief requested. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The proposed garage would be located far enough away from the abutters' home that the project would have minimal impact on the neighbors. 4. The applicant may vary the terms of the Residential One-Family District to construct the proposed development, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 5. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans,Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the construction of the garage and breezeway as proposed, the requested Variances from dimensional requirements for structures in the Residential One-Family zone are granted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein, Harris, Belair, Debski and Dionne) and none (0) opposed,to grant petitioner's requests for Variances subject to the following terms, conditions, and safeguards: r• 3 1. Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. P ' RobinChair' Ro Stein, Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk Pursuant to the 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 has been filed with the Essex South Registry of Deeds. A TRU C! cnay SALEM, MOS. We, the undersigned, hereby OPPOSE the Petition submitted by KEN CORNEAU, seeking Variances from maximum lot coverage and minimum front, side and rear yard setbacks, to allow for the construction of a 14' x 20' one-story garage and breezeway attached to the house on the property at 30 ALBION STREET, Salem, MA,,in the Residential One-Family Zoning District (R-1). ME ADDRESS Z. �C 3. 4. 3 3 �iio7ui _ �4 6. 7. 9.12. �AAA.A-0 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.