21 BARCELONA AVENUE - ZBA (4) -- -- - LONA AVENbE
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.361
Will hold a public hearing for all
persons interested in the petition sub-
miffed by JAMES NOBLE requesting
Variances from lot size yard and
frontage for the property located at 21
BARCELONA AVENUE(R-3).Said
hearing to be held WEDNESDAY,
JUNE 20, 2001 AT 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR.
Nina Cohen,Chairman
(6/6,13)
y�0CONTA90 s CITY OF SALEM
�r LEGAL DEPARTMENT
93 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 FAX:978-744-1279
KIMBERLEYDRISCOLL ELIZABETHRENNARD,ES-e
MAYOR QTY SOLICITOR JASST.DCITY SoijaTOR�.
September 19, 2007
Robin Stein
Zoning Board of Appeal
120 Washington Street
Salem, MA 01970
Re: Pitreau and L'Esperance v. Salem Board of Appeals and Francullo
Dear Ms. Stein:
The parties in the above referenced case are in the process of finalizing an Agreement for
Judgment. A draft is enclosed for your review. I respectfully request the Board's
authorization to sign an Agreement on behalf of the Board that is consistent with the
Board's decision to uphold the Building Inspector's decision to issue a building permit
for a single family home at 21 Barcelona Avenue.
As you may recall, Patricia Pitreau ad Victor L'Esperance, as abutters to 21 Barcelona
Avenue, separately appealed the Board's decision to uphold the Building Inspector's
decision to issue a building permit to Francullo to construct a single family home. Their
cases were consolidated into one case now before the Land Court. The parties are in the
process of negotiating the terms of the Agreement that will allow for the construction of a
single family home.
Thank you for your consideration of this request.
Sincerely, Q
Eliza e h Rennard
1
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT DEPARTMENT
DOCKET NO. 06MISC 320360
and 307759
PATRICIA A. PITREAU and, )
VICTOR L'ESPERANCE, )
Plaintiffs )
V. )
NINA COHEN, RICHARD DIONNE,BONNIE BELAIR, )
EDWARD MORIARTY and NICHOLAS HELIDES, )
as they are members of the City of Salem Board of Appeals, )
and BLANCHE E. FRANCULLO, )
Defendants )
AGR FFMFNTFOR TjJDcTmgN
Made by and between PATRICIA A. PITREAU (Pitreau) and VICTOR L'ESPERANCE
(L'Esperance), their heirs, beneficiaries, and successors in interest (collectively"plaintiffs"), on
the one hand, and NINA COHEN, RICHARD DIONNE, BONNIE BELAIR, EDWARD
MORIARTY, and NICHOLAS HELIDES, as they are members of the City of Salem Board of
Appeals (Board), and BLANCHE E. FRANCULLO, (Francullo and collectively"defendants"),
this day of August, 2007.
WHEREAS, plaintiffs have brought suit against the defendants in the above-entitled
matters; and
WHEREAS, the parties have reached an agreement regarding the issues presented in
these proceedings, pursuant to the following terms.
i
a
NOW, THEREFORE, the parties covenant and agree as follows:
1. That lot number 328 contains 7,493 square feet, more or less, owned by Francullo,
shall be considered a legal buildable lot for single family purposes pursuant to the building
permit issued by the building inspector in the City of Salem.
2. That Francullo shall build a single-family dwelling g y ng on the lot with a maximum
footprint of 28 feet by 40 feet for the main structure, and a maximum garage footprint of 22 feet
by 22 feet, which garage shall be limited to one story. There shall be no living space above the
garage.
3. All construction shall be in conformity with all governmental permitting and in
conformance with the state building code and the City of Salem ZoningOrdinance.
e.
4. Francullo shall reduce ceiling heights to eight feet and shall construct a roof with a
pitch of 6 over 1.
5. Francullo shall take all reasonably necessary steps to assure that water runoff toward
plaintiffs' properties will be abated.
6. Francullo will plant mature shrubs along the fence between Lot 328 property, and 42
Ravenna Avenue, as well landscaping of the front yard facing Barcelona Avenue.
The parties state that they have been represented by counsel regarding the provisions of
this agreement and understand the contents.
Signed and sealed on the date first written above.
City of Salem Patricia A. Pitreau
Zoning Board of Appeals By her attorney,
By its attorney,
Elizabeth M. Rennard, City Solicitor Leonard F. Femino
93 Washington Street BBO #162685
Salem, MA 01970 ALEXANDER & FEMINO
978-619-5631 One School Street
Beverly,MA 01915
978-921-1990
Blanche E. Francullo
By her attorney, Patricia A. Pitreau
18 Barcelona Avenue
Salem, MA 01970
Steven Lovely Victor L'Esperance
14 Stony Avenue By his attorney,
Salem, MA 01970
Leonard Femino
Blanche E. Francullo BBO#162685
21 Barcelona Avenue ALEXANDER & FEMINO
Salem, MA 01970 One School Street
Beverly, MA 01915
978-921-1990
Victor L'Esperance
15 Barcelona Avenue
Salem, MA 01970
�o CITY OF SALEM9 MASSACHU-SU EPj MA
BOARD OF APPEaCI1�^1 S 6FICE
n
120 WASHINGTON STREET, 3RIYRL OR
11 rpo SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 2. O01STANLEY J. USOVICZ, JR. • 2901 pC1 2U l�n
MAYOR
DECISION OF THE PETITION OFJAMES NOBLE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED 21 BARCELONA AVENUE R-1
A hearing on this petition was held October 17,2001 the following Board Members were
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 News in accordance with
Massachusetts General Laws Chapter 40A.
At the request of the petitioner's Attorney, Stephen Lovely, the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petition without prejudice for Variances from
density and lot area per dwelling unit to allow a three family for the property located at 21
Barcelona Avenue.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
E�
October 17, 2001 `
Nina Cohen, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the 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
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
DATE OF HEARING
PETITIONER
LOCATION
NOTION: TO GRANT SECOND AMENDMENT SECOND
• TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT /DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN
Stephen Harrj
Joan Boudreau
Nicholas HelidTs
RICHARD DIONNE
ASSOCIATE MEMBERS
Bonnie
Belair
CONDITIONS:
A
TY OF
CICLERK SACITY OF SALEM, MASSACHUSETTS
OFFICE
BOARD OF APPEAL
1001 JUN -5
TO THE BOARD OF APPEAL:
The Undersigned represent that they are the owner(s) of a certain parcel of land located at:
o C3AYLxeLc�w A Ayewy� Street; Zoning District R, 1
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
fJ , Qe-C � o L
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the
Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the
enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to
the Undersigned and relief may be granted without substantially derogating ifrom the intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
vAIL. A,,- C2S �'vLn.. .
"t'YZo-�bA �e et.er{ v � 2t_ wte�k A� � �nnw. lok 5 'i�-e.
Rei rLer.e� b .
(PLEASE PRINT)
Owner: r`,:6%Ac 1 1 rt A V�C->0 U Petitioner: ��Aw.eC "OtV2
Address: i°I ��^celo - a Aye �+ Address: 11 GAVR^'e S Crte�t
Tel. No. Tel. No.
By:
(Sign re)
Date:
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ made payable to the "Salem Evening News". '111.1
• i
naarir.-, ,
A TRUE COPY 0 :g b S- lon.'
ATTEST:_
1d30 9,141V!i `._
CITY CLERK
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-Zoning District: R - 1 �,E-z z o 1V/9
Assessor's Map 4 Lot 0029
Plot Plan of Land
�= 4 Barcellona Avenue
OF �5,\v
DAVID a Salem, MA
PHILIP um _
TERENZONI y Prepared For:
a A w.3872p • James Noble
9
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Scale: 1" .= 20' May, 2001
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