0 & 2 CLARK AVENUE - ZBA 0 & 2 Clark Avenue +^P , ;; ` R-2
\ David Russo/Rudolph 8�`Mary`Growitx
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U & 2 Clark Avenue r~ .r4,"R-2 '
David Russo/Rudolph`& 'Mary'Growitx
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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO•LOGAN.ON
MCGREGOR.TK-LOCUST GROVE.GA
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ORD OF ALS
"63TY �9I��
Detai=led Statemeit, of Reasons for Board Action
/ P�ermi-i�tina thr6nvevan o remises
,Gitjkate-at awn ab-Z Clark Avehue em Massachuset
Findings of Fact:
1. The Petitioner, David Russo, is the owner of the
land and dwelling situate at and known as 0 Clark
Avenue, Salem, Massachusetts.
2 . Said dwelling is a single family dwelling, con-
structed in 1988 in an area zoned for single family
dwellings.
3 . At the time of construction said dwelling conformed
with all of the building regulations and Zone
Ordinance of the City of Salem.
4. Subsequent to the construction of said dwelling and
occupancy by the Petitioner, a dispute arose between
the Petitioner and the owners and occupants of 2
Clark Avenue (Rudolph and Mary Growitz) concerning
the location of the sideline boundary of their
respective lots.
5. Unable to resolve said dispute, Civil Action No. 89-
2020 was filed in the Essex County Superior Court
which, among other things, sought to establish a
claim of adverse possession by the Growitz 's of a
portion of the land whose record title was vested in
the Petitioner.
-2-
6. The within Petition has been filed in conjunction
with the resolution of the pending civil
litigation.
7 . The Petitioner seeks permission to vary the
Application of the Zone Ordinance as the same
affects his property by allowing him to convey a
portion thereof to the Growitz 's. Said parcel being
shown as Lot 3 on a plan of land entitled "Proposed
Subdivision of Land in Salem, MA Prepared for David
Russo and Rudolph and Mary Growitz, Scale 1" = 201 ,
February 15, 1992" . Said conveyance of Lot 3 would
leave less than the minimum lot width requirement as
set forth in the Zone Ordinance.
8 . Proper notice was given of sa ' tion by publica-
tion
// in the S evening News and, in accordance
w' aid notice, a public hearing was held at the
time and place therein indicated.
1 9. Appearing in support of said Petition was the
Petitioner and Rudolph and Mary Growitz.
10. No one appeared in opposition to said Petition.
++---- - .�(!(hf C!_h.Gi—..�%/+-� 2h f`/-.bGr_✓' _ ..�'�1�^-zi_���'�I_� .�—_ `_ - _
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_ _._ __.. __ _. _ _ _ may. _ �. _
�/Yr DATE OF HEARING_6C5k
PETITIONER_"
LOCATION
MOTION: TO GRANT SECOND
e�
TO DENY ! SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT
DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL v /
RICHARD FEBONIO
FRANCIS GREALISH
EDUAAD LUZINSKI
STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
RONALTAB
ARTVUR COUE
CONDITIONS:
Tito of ttlem, ttssrxcl�use##s
'J- F Potts of '4veal
June 23, 1992
Notice is hereby given that as of June 17, 1992 the decision
of the Board of Appeal has been filed in the office of the City
Clerk to grant the petition of David Russo/Rudolph and Mary
Growitz' for a Variance at 0 & 2 Clark St. to divide property.
BOARD;OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision,if any, shall be made pursuant to section 17 of
the Mass.General Laws,Chapter 808, and shall be filed within 20 daYs
re 808, Secticn 11, the variance
after the date of filing of this decision in the office of the City Clark.
Purs;.ia to "n ass. General Laws,
Chap- r of the
er "rsti % Permit,ranted herein shall not take effect urtil a copy
decision, `' .;in' tha certification of the City Clerk that 20 days
aeal hashbean
n the South Essq
elapsed and no;,p,-eal h`" peen filed' or that, if such app
filed, that it has bean third sled unser the name oris dthe'owner of record t1G
Registry of Deeds
-.is-recorded and noted en the owner's Certificate of Title.
80ARD OF APPEAL'
Tittl ofussudtusetts
,furr 17
Board of ?�u}Teui 04 Ffl 92
\ CITY OF SALEM.
OFFICE
DECISION ON THE PETITION OF DAVID RUSSO/RUDOLF AND MARY
GOWITZ FOR A VARIANCE AT 0 AND 2 CLARK AVENUE ( R-1 )
A hearing on this petition was held June 3 , 1992 with the
following Board Members present : Richard Bencal , Chairman;
Richard Febonio , Francis Grealish, Edward Luzinski and
Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variances to divide land at 0 & 2 Clark Ave . The property is
located in an R-1 zone .
The Variance which has been requested may be granted upon a
finding by this Board that :
1 . Special conditions and circumstances exist which
especially affect the land, building or structure involved
and which are not generally affecting other lands ,
buildings and structures involved.
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship , financial or
otherwise , to the petitioner .
3 . Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district or
the purpose of the Ordinance .
The Board of Appeal , after careful consideration of the
evidence presented at the hearing, and after viewing the
plans , makes the following findings of fact:
1 . The petitioner, David Russo, is the owner of the land and dwelling
situated at and known as 0 Clark Avenue, Salem, Massachusetts.
2. Said dwelling is a single family, constructed in 1988 in an area
zoned for single family.
3. When constructed said dwelling conformed with all building
regulations and zoning requirements of the City of Salem.
DECISION ON THE PETITION OF DAVID RUSSO/RUDOLPH AND MARY
GROWITZ FOR VARIANCE AT 0 AND 2 CLARK AVE . , SALEM f74 17
page two 3�y ,
C/rr of Pl 91
4. Prior to construction a dispute arose between Mr. Russoiil'ph
& Mary Growitz, owners of 2 Clark Ave. , regarding sideline boundary.uip _ •S
5. Unable to resolve said dispute, Civil Action was filed in Essex
County Superior Court which sought to establish a claim of adverse
possession by the Growitz's for portion of land whose record title was
vested in the petitioner.
6. The petition has been filed in conjunction with the resolution of
the pending civil litigation.
I
. Petitioner David Russo seeks variance to allow conveyance of parcel
shown as lot 3 on a plan entitled "Proposed subdivision of Land in
Salem, MA Prepared for David Russo and Rudolph and Mary Growitz, Scale
1" = 20' , February 15, 1992" to said Growitz's. Said conveyance would
leave less than the minimum lot width as set forth in the Zoning
Ordinance.
8. Appearing in favor were petitioners Rudolph and Mary Growitz. No
one appeared in opposition to said petition.
On the basis of the above findings of fact, and on the
evidence presented at the hearing, the Board of Appeal
concludes as follows :
1 . 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
petitioner .
3 . Desirable relief can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously,
5-0 , to grant the variance requested, subject to the
following conditions :
1 . Petitioners shall comply with the plans and dimensions
submitted to the Board of Appeal .
DECISION ON THE PETITION OF DAVID RUSS012UDOLPH AND MARY GROWITZ
FOR VARIANCES AT 0 AND 2 CLARK AVENUE, SALEM JUp �/
page three
3pyP� ,
CITY OF o 9Z
VARIANCE GRANTED jfF Sc
June 3 , 1992
Francis X. Grealish Jr. , Secretary
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
yy (Cit" of -'�uiem, ^�a59aCliuSettB
Board of Au uN 17 DU p Pj X91
CITY OF S,.LEH. It"•SS
CLERK'S OFFICE
DECISION ON THE PETITION OF DAVID RUSSO/RUDOLF AND MARY
GOWITZ FOR A VARIANCE AT 0 AND 2 CLARK AVENUE ( R-1 )
A hearing on this petition was held June 3 , 1992 with the
following Board Members present : Richard Bencal , Chairman ;
Richard Febonio, Francis Grealish, Edward Luzinski and
Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variances to divide land at 0 & 2 Clark Ave . The property is
located in an R-1 zone .
The Variance which has been requested may be granted upon a
finding by this Board that :
1 . Special conditions and circumstances exist which
especially affect the land, building or structure involved
and which are not generally affecting other lands ,
buildings and structures involved.
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship , financial or
otherwise , to the petitioner .
3 . Desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district or
the purpose of the Ordinance .
The Board of Appeal , after careful consideration of the
evidence presented at the hearing, and after viewing the
plans , makes the following findings of fact:
1 . The petitioner, David Russo, is the owner of the land and dwelling
situated at and known as 0 Clark Avenue, Salem, Massachusetts.
2. Said dwelling is a single family, constructed in 1988 in an area
zoned for single family.
3. When constructed said dwelling conformed with all building
regulations and zoning requirements of the City of Salem.
DECISION ON THE PETITION OF DAVID RUSSO/RUDOLPH AND MARY
GROWITZ FOR VARIANCE AT 0 AND 2 CLARK AVE . , SALEM '1417
page two C7T 3 o4
4. Prior to construction a dispute arose between Mr. RussoOF Slil
. P.. ,
& Mary Growitz, owners of 2 Clark Ave. , regarding sideline boundary. '
5. Unable to resolve said dispute, Civil Action was filed in Essex
County Superior Court which sought to establish a claim of adverse
possession by the Growitz's for portion of land whose record title was
vested in the petitioner.
6. The petition has been filed in conjunction with the resolution of
the pending civil litigation.
7. Petitioner David Russo seeks variance to allow conveyance of parcel
shown as lot 3 on a plan entitled "Proposed subdivision of Land in
Salem, MA Prepared for David Russo and Rudolph and Mary Growitz, Scale
1" = 20' , February 15, 1992" to said Growitz's. Said conveyance would
leave less than the minimum lot width as set forth in the Zoning
Ordinance.
8. Appearing in favor were petitioners Rudolph and Mary Growitz. No
one appeared in opposition to said petition.
On the basis of the above findings of fact, and on the
evidence presented at the hearing, the Board of Appeal
concludes as follows :
1 . 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
petitioner .
3 . Desirable relief can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent of the district or
the purpose of the Ordinance .
Therefore , the Zoning Board of Appeal voted unanimously,
5-0 , to grant the variance requested, subject to the
following conditions :
1 . Petitioners shall comply with the plans and dimensions
submitted to the Board of Appeal .
DECISION ON THE PETITION OF DAVID RUSSO/RUDOLPH AND MARY GROWITZ
FOR VARIANCES AT 0 AND 2 CLARK AVENUE, SALEM JUp /�
page three
3o4p� ,91
C", OF
CLERK;
r
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(9ittl of. tt1Pm, C�1[tlI55c'IL�11I8P 5
�3nttrd !tf Appral
DIRECT APPEAL
TO THE BOARD OF APPEALS:
The Undersiggned represent that i)e are :he owners of 3 Certain carcei of land located
it NO. . . . . .O, Clark, AvpPRe. . Salem,. MA . . . . . . . . . . . . . . . . . . . . .X X: _)nina District.R-1
Residential - One Family . , , ; and aid c3rcei ' ; affeccea by ecticnrs : .1V(4)r.VI(4), &, IX E)
XXXXdf9CXtiIXVADOXl=Mxk1>oXRXDd1?)XM)CtXldK- of the City of Salam Zoning Ordinance.
Your petitioner, David Russo, in resolution of civil litigation (Essex County Superior
Court C.A. No. 89-2020) proposes to convey by deed a portion of the premises situate at
0 Clark Avenue, Salem, MA to Rudolph and Mazy Grawitz, owners and residents of 2 Clark
Avenue, Salem, MA, the lot contiguous to the land owned by your petitioner. Said portion
to be conveyed is shown as Lot 3 on the plan of land entitled "Proposed Subdivision of
Land in Salem, MA Prepared for David Russo and Rudolph and Mary Growitz, Scale 1"=20'
February 15, 1992" (attached hereto, marked "A" and made a part hereof). In addition,
and in further consideration of the resolution of said civil litigation, your petitioner,
David Russo, proposes to grant to Rudolph and Mary Growitz for so long as they, or the
survivor, shall reside at 2 Clark Avenue,, Salem, MA, an easement over that portion of his
premises shown as "Easement" on the aforementioned plan of land for the purspos�e o;.jmain-
taining a lawn and the storage of snow in the Winter.
r
m o W
�T
IXX 4 T r
The Undersigned hereby petitions the Board of Appeals to vary the terms of the�Safem co
Zoning Ordinance a
as the enforcementoof SM :X
Zoning By-Laws and 99TRPRPPQMwould involve practical difficulty or unnecessary
hardship to the .Undersigned and relief may be granted without subs tantiallffjidkrb-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: =v n
That the petitioner, David Russo, and Rudolph and Mary Growitz are the owners 6t
abutting lots of land. . �' �'
N
That the parcel to be conveyed Mot 3) is the subject matter of a claim for adverse
possession now pending in the Essex Superior Court (C.A. No: 89-2020) and is located
on the boundary sidelines of the lots in question.
That the claim for adverse possession and the'petitioner's request for a variance affect only
lots in question and do not generally affect other lots in the same district.
That if the now pending civil litigation is pursued to conclusion, there is a likelihood
that judgment would be rendered affirming the claim for adverse possession.
That the petitioner has suffered a continuing hardship sine he i for adverse possession
was first alleged, and that a literal enforce- Owner. . . . ��55�� '\�. . . . . . .. . . . . . . . . •
ment of the zone ordinace would result in a DAVID RUSSO
continued substantial hardship to the Petitionergddress. . A MVK AYMPe,. P01€ir4..NRW . 0197A „
That allowing the variance as requested would Telephone (508) 741-2506. . . . . .not be substantially detrimental to the public
good and would not nullify or substantially Joining in t��e���� ,,,,pp
derogate from the interest or purpose of the Petition94'.?•XT�"i . . . . . . .
Zone Ordinance. RUDDLPH GROWITZ MARY GROWITZ
/
Address. . Z QwX Avffm,. S;OYM. MA . .Ql.97Q . .
Date. .�f/�/y d . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . ./. . . . . . . . . . . . .
By. �R ✓�-. .".:GyY
RICHARD T. 1URIC), E` J.lth: j�J .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .... .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . .
f1Lt�v of &Ilem, C411asscarl umfis
;_3naril of deal
DIRECT APPEAL
TO THE BOARD OF APPEALS:
ned Clark Aent that . `: re :7e owners of certain oarcei of lantl locatea
0 . . . . . . . . .YpRRe. . Salem,. MA . . . . . . . . . . . . . . . . . . . . .1L'!F]PX: - nina Jistrict.R-.1. .
Res.idential_ e. Family On . . . : and r id o1rcei : _ arfec,ea tv
. . . . . . . . . . .
XX CXR =X9mQO x5[to E ftDdidi=Y9 x-tx- of the City of Salon Zoning Ordinance.
Your petitioner, David Russo, in resolution of civil litigation (Essex County Superior
Court C.A. No. 89-2020) proposes to convey by deed a portion of the premises situate at
0 Clark Avenue, Salem, MA to Rudolph and Mary Growitz, owners and residents of 2 Clark
Avenue, Salon, MA, the lot contiguous to the land owned by your petitioner. Said portion
to be conveyed is shown as Lot 3 on the plan of land entitled "Proposed Subdivision of
Land in Salam, MA Prepared for David Russo and Rudolph and Mary Growitz, Scale 1"=20'
February .15, 1992" (attached hereto, marked "A" and .made a part hereof). In addition,
and in further consideration of the resolution of said civil litigation, your petitioner,
David Russo, proposes to grant to Rudolph and Mary Grawitz for so long as they, or the
survivor, shall reside at 2 Clark Avenue, Salam, MA, an easement over that portion of his
premises shown as "Easement" on the aforementioned plan of land for the pure fry of main-
twining a lawn and the storage of snow in the Winter. m
r
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N
p m N
n
The Undersigned hereby petitions the Board of Appeals to vary the terms Af the�Salem cc
Zoning Ordinance n
as the enforcement-o`of sem .
Zoning By-Laws and would involve practical difficulty or uAliecessary c-
hardship to the Undersigned and relief may be granted without substantiany, dbYD-
gating from the intent and purpose of the Zoning Ordinance and Building Coder
the following reasons: -o
That the petitioner, David Russo, and Rudolph and Mary Growitz are the owners�
abutting lots of land. . '^ i= v'
That the parcel to be conveyed (Lot 3) is the subject matter of a claim for adverse
possession now peeling in the Essex Superior Court (C.A. No: 89-2020) and is located
on the boundary and ines of the lots in question.
That the claim for adverse possession and the,petitioner's request for a variance affect only
lots in question and do not gully affect other lots in the same district.
That if the now pending civil litigation is pursued to conclusion, there is a likelihood
that judgment would be rendered affirming the claim for adverse possession.
That the petitioner has suffered a con tinuing hardship s Maim f�orr adverse possession
was first alleged, and that a literal erferce Owner. . . 1 Tl�� . .. .. ...... . . . . .
meat of the zone ordinace would result in a DAVID RUSSO
continued substantial hardship to the PetitienerAddress.. A CFk AYPPM. SWM.M-Al-97Q „
TYnat allowing the variance as requested mould Telephone(508), 741-2506
not be substantially detrimental to the public Joining in
good and would not nullify or substantially PetitiomiR'. � Z`.`.`. . .
derogate from the interest or purpose of the _"
�� RUDDLPH GROWITL BAR-Y
/ Address. . 2. 1' vX Avrnw,. SAIMU-14A . A1R7•Q
Date. .�f J.�/y d• • • • • • • • • • Telephone.. . ... . . .
. . . . . . . . . . . .. ... .. . .. . . . ..
By.. .. A .. Z
RICHARD T. TORTtU,
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. .. ...... . . . .. .. .. . .......
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
!
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Of
EX/ST. FOUNDATION
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500
CLARK AVE
PLOT PLAN
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SALEM, MASS,
SRT/FY THAT THE FOUNDATION SHOWN
EON CONFORMS TO THE ZONING REGULAT/ONS''` FOR
i �.tN OF .
THE C/TY OF SALEM. �y,�a Mq ss9
;s EMY DA V/D RUS30.
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05-14-92.09:42:03.81041-LEGE 05-14-92.09:4203.81041-LEGE
- 1
CITY OF SALEM CITY OF SALEM
B
BOARD OF APPEAL OARDAPPEAL
745-9595 Ext. 381 745-959955 Ext. 381
; - Will hold a public hearing for all persons inter-
Will hold a public hearing for all persons inter-
ested in the petition submitted by DAVID RUSSQ
estedRUD in the petitionsubmitted
GROWITZ DAVIDR ces to RUDOLPH & MARY GROWiTZ for Variances to
ILUDOLPH &MARY GROWI'1'Z for Variances hear- dividelandat0&2CLAltKAVE.(R-1).Saidhcar- _
dividelandat0&2CLARKA11" JU E 3, 1 92at iog to be held WEDNESDAY, JUNE 3, 1992 at
jug to be held WEDNESDAI', JUNG 3, 1992 at 7;00 p.m., ONE SALEM GREEN, 2nd floor.
7:00 p.m., ONE SALEM GREEN, 2nd floor.
RICHARD A. BENGAL, Chairman RICHARD A. RENCAL, Chairman
SN81041
May 20, 27, 1992 SN01041 May 20, 27, 1992
05-14-92.09:42:03.81041-LEGE � ..
05-14-92.09:42:03.81041-LEG E
CITY OF SALEM CITY OF SALEM
BOARD OF APPEAL BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter- 745-9595 Ext. 381
ested in the petition submitted by DAVID RUSSO Will hold a public hearing for all persons inter-
RUDOLPH&MARY GItOWI I L for Variances to ested in the petition submitted by DAVID RUSSO,
divide land ai0&2CLARK AVC.for VSaid hear- RUDOLPH &MARY GROWITZ for Variances to
hear-
ing to be held WEDNESDAY, JLNF, 3, 1992 al i divide land at0&2CLARK AVE.gt-1).Said hear-
7:00 p.m., ONE SALL5I GREEN, 3 ing to be held WEDNESDAY, JUNE 3, 1992 at
nd Choc 7:00 p.m., ONE SALEM GREEN, 2nd floor.
May 20 27 1992 HARD A. BENGAL, Chairman RICHARD A. BENCAL, Chairman
SN81041 May 20, 27, 1992 SN81041
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
Chi of �Zzlrm, c4faSSc' rhUSPff•S
,. *zirb of Appral
DIRECT APPEAL
TO THE BOARD OF APPEALS:
ned
AYnt that 'ie s are -he owners of a certain oarcei of land locatea
00 Alem.. MA . . . . . . . . . . . . . . . . . . . . .YCMX: _-mina District.R-.1. .
Residential, iOne Famly, , , , ; and !aid carcei is affec*ea b,/ :ecticni5i . (4),,VI(4), 6. IX(E)
X�1f7CXfX8C X9 X5CCaM7FXR0�d]d7CiXgCX�41$K. of the City of Salem Zoning ordinance.
Your petitioner, David Russo, in resolution of civil litigation (Essex County Superior
Court C.A. No. 89-2020) proposes to convey by deed a portion of the premises situate at
0 Clark Avenue, Salem, MA to Rudolph and Nary Growitz, owners and residents of 2 Clark
Avenue, Salam, MA, the lot contiguous to the land owned by your petitioner. Said portion
to be conveyed is shown as lot 3 on the plan of land entitled "Proposed Subdivision of
Land in Salem, MA Prepared for David Russo and Rudolph and Mary Grawitz, Scale 1"=20'
February .15, 1992" (attached hereto, marked "A" and made a part hereof). In addition,
and in further consideration of the resolution of said civil litigation, your petitioner,
David Russo, proposes to grant to Rudolph and Nary Growitz for so long as they, or the
survivor, X11 rieside at 2 Clark Avenue, Salam, MA, an easement over that portion of his
prem stiown as.'"Easement" on the aforementioned plan of land for the purspose of main-
taining a r1"_ M- the storage of snow in the Winter.
M .. .r
a
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The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance
as the enforcement of said
Zoning By-Laws and 99MUPIPPIMM would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
That the petiticner, David Russo, and Rudolph and Nary Growitz are the owners of
abutting lots of land. .
That the parcel to be conveyed (Lot 3) is the subject matter of a claim for adverse
possession now pending in the Essex Superior Court (C.A. No: 89-2020) and is located
on the boundary sid-lirxc of the lots in question.
That the claim for adverse possession and the'petitioner's request for a variance affect only
lots in question and do not generally affect other lots in the same district.
That if the now pending civil litigation is pursued to conclusion, there is a likelihood
that judgment would be rendered affirming the claim for adverse possession.
That the petitioner has suffered a continuing hardships e�cla``im for adverse possession
was first alleged, and that a literal enforce- Owner. . . V. 0 . . • • •• • • •• • • • • • • • • •
ment of the zone ordinace world result in a DAVID RUSSO
continued substantial hardship to the Petition-rpddress. . A Mak AY.M.W.. S01M. M% .p1�70 . .
That-allowing'the variance as requested would (508), 741-2506, ,
not be substantially detrimental to the public Telephone. .
good and would not nullify or substantially Joining in
derogate from the interest or purpose of the Petitioa0a Q�1..4t�j • • • • •
Zone Ordinance. L�PIt GROWITZ GROWITZ
Address. . Z MVV AvPMP,. Salem.. MA . .QM7Q . .
Date. . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . .
RICHARD T. TORTO, ESQUII2E %J
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . .. . . . . .. . . . . . . . ... ..
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
r.
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o -
oa
April 3 , 1992
City of Salem
Board of Appeals
City Hall
Salem, MA 01970
Re: Direct Appeal of Russo/Growitz
0 Clark Avenue, Salem, MA
Gentlemen/Ladies:
Enclosed herewith in connection with the above-described
Direct Appeal of the above-named petitioners please find the
following:
1. Application for Variance in triplicate, together
with the proposed Plan of Land;
2 . Three certified copies of a Plot Plan;
3 . Check made payable to the City of Salem Board of
Appeals in the sum of $75. 00;
4 . Check made payable. to the Salem Evening News in the
sum of $76. 50;
5. Check made payable to the Registry of Deeds in the
sum of $10. 00;
6. Check made payable to the City of Salem in the sum
of $2 . 00.
I would greatly appreciate you scheduling said matter
for a hearing at the earliest possible date.
Very truly yours,
AK\ 9 d ~
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'BOARD OF ASSESSORS
CITY HALL PAGE,
DATE a A5/ .........
........ ........ .....
...................
T2,
2
...........
0 4 ,l' - 3
CERTZFI, I Z
.............—
3 ....... .......... ..........
0SUBJECT PROPERTY. PIAP., 03 LOT: 0122 SUFE.
6 PROPERTY ADDRESS: 0000 CLARK AVENUE 7
7 ...... ..
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........... ....... .......
. ............. ..... ..
................ .............
1 2
10 SIR 8SESSED "OWNER ...... NK 13
4
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12
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is •
03 0121 0002 CLARK AVENUE GROWITZ RUDOLPH 2 CLARK AVENUE 23
's� 9' 14
19
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20
27
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23 •
03 0125 0429 HIGHLAND AVENUE D L Z REALTY TRUST 429 HIGHLAND AVENUE 310
24 --4�L 32
25 ......... .. ......... _,,H4R
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28 37
29 BEYEA ROGER W TR SALEM MA 01970 38
03 0129 0459 HIGHLAND AVENUE NICHOLAS P FIORE REVOC TR AGREEMENT 1001 NE 14TH AVE APT 504 390
30 NIG140' 42 P TR LIA1 I Aftlp� 40
31 7l- 41
e 42
................
.................
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4A
34 45
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SOARD' OF ASSESSORS
CITY HALL. PAGE.
7777777777777, , ,
...............
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I ..... .. I. .... ......................
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SUBJECT PROPERTY: MAP. 03 LOT. 0121 SUFF.• a •
PROPERTY ADDRESS: 0002 CLARK AVENUE 7
.m.-co -101r,r4 f..Qe-j1.1TT7 01 onrif PW
7
9
................
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............ ......
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1
12 .. ..... MARV SALEM MA 94,9,79
13
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19
- SAL
...... . DEBORAH" f9.70,
l.............. 20
16 21
FIORE NICHOLAS P TR HALLANDALE FL. 33009 220
17 0 3' 0120 0004 CLARK A YEN OC LENA FIORE REVOCABLE TR AGREETIENT 1001 NE 141"H AVE APT 504 23
18 � - " - ,7pl?l 24HALLANDA .LEF -3
0' 01220000ICLARK AVENW RUGSO DAVIDo AVE%
20
27
ALEM MA •
,��Q
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1970
22 29
23 SALEM MA 01970 30
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24 3
........ 331
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31 - ........ 40
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...... ............l A EE EMT�
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41 55
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k
APPROVAL NOT REWIRED UNDER
THE SUBDIVISION CONTROL LAW
SALEM PLANN/NG BOARD
2�F
f-
��9. DATE:
No TES -
LB/NED
TO FORM ONF CONTIGUOUS L OOT
2. L OT/ ON TH/S PLAN/S SHOWN AS L OT/2/
ON ASSFSSOR S MAP 2.
�v
J. L0rS283ARE SHOWN ASL0T/22
c ON ASSESSORS MAP 2.
V2S OT 2 4. LOC PLAN SO SHOWN AS LOT/32 ON
3 97_• SF
z0 b 5. FASEMEN T SHOWN/S FOR THE SFNEF/T OF
vi
OF L OT 3 FOR AS L ONG AS RUDOLPH B MARY
v N L O T l GROW/TZ RES/DE THERE,
0
6. THIS SUBDIli/S/ON/S/NTENDEO TO SETTLE
OUT OF COURT AN ADVFRSE POSSESS/ON CL AIM
h
BY TNF 0WNFRS OF L OT/FOR THE POR TION
_ OF THE-DRIVFWAY SHOWN ON L OT 3. THE
SETTLEMENT BE/NG AGREFD TO SY BOTH
°c I
PAR 7-1-5S TO SA VF FURTHFR FINANCIAL HARD-
SM0 TO PURSUF THF CA SF WITH FURTHER
COURT PROCEED/NGS,
� NO O �`'
Q
Rudolph $ Mp1y Grow(II O �o
Do✓/d Russo
M \�0 P�
IV, �� \
o No. 2
� N
N �
3A0 , v- / I o �a SUBD/V/S/ON OF LAND
v0 0 a 11 O FXIS T110
DRIVEWAY-"'
w
a o ,' 1 0r 3 I 5eeepelloll P�e /N
tb 5 h b Le
S
E �1 _ SALEM, MA
W 00 S�p�3So
% 6So 5 ti /mom PREPARED FOR
CL,QRKA/i�c- SO 00 - N 33� �o,� ,49 DA V/D RUSSO &
T�cCA� RUDOLPH 8 MARY GROW/TZ
til/ '�s
N.T,S/L � 40 00 T CERT/FY THAT TN/S PLAN CONFORMS TO THE RULES SCALE 20 FEB. /5, /992
AND REGULATIONS OF THE RFGISTRY OFOEEDS
CLARK DENN� / M ANUS/P �L s LANDMARK ENG/NEER/NG
8 SURVEY/NG, INC
583 CHES TNUT S TREE
L YNN, MA
0 /0 20 40 60 - 80
c �
,__
1
t
,000p
/2,753 S S.F.
iar
EXIST. FOUNDATION
Of
o a
m
�o
i
6000
CLARK
4 me
PLOT PLAN
/N
SALEM, MASS.
/CERT/FY THA T THE FOUNDA TION SHOWN
HEREON CONFORMS TO THE ZONING REGULATIONS FOR
tN of dr
OF THE C/TY OF SALEM. i��P� ASsq'
DA V/D RUSSO
cMANUS
p No. 9234
O
TE4 ypQ' SCALE /';20' AUG. /988
SUR��'
LANDMARK ENG/NEER/NG 8
SURVEY/NG, 11K
L YNN, MASS.
_ -77`7-
/0000,
/000p
/2,753 .t S.F.
13.1'
EXIST. FOUNDATION
ice,
of
o a
m b'
I �
50 p0 /
CLARK
AliE,
PLOT PLAN
/N
SALEM, MASS.
/CERT/FY THAT THE FOUNDATION SHOWN FOR
HEREON CONFORMS TO THE ZON/NG REGULAT/ONS''` �N of M
OF THE CITY OF SALEM. �'P� Ass9' DA VID RUSSO
$ cMANUS "~'l
.p�?:o. 9239 E�
ypQ'/
/STERSCALE 1"--20' AUG. /988
SUR��l�
itie"
LANDMARK ENG/NEER/NG B
SURVEY/NG, INC
L YNN, MASS.
r I
1�
I
AOL)00
1
go 753t S.F.
of
EX/ST. FOUNDATION
Utz•
or
m a
1
i
60 00
CLARK AVE:
PL OT PLAN
/N
SALEM, MASS.
/CERT/FY THAT THE FOUNDAT/ON SHOWN FOR
HEREON CONFORMS TO THE ZONING REGULAT/ONS �N OF
M
OF THE C/TY OF SALEM. /��P� gss9,
F Y , DA V1,0 RUSSO
�,,
v cMgNUS
.Q�NO 9234 O
4 sugli Q SCALE /';20' AUG. /988
D SUR �i.
LANDMARK ENG/NEER/NG 8
SURVEY/NG, INC
L YNN, MASS.
[_-_,T..�.�-__ ,ter._, • ,-.� ,
I^
APPROVAL NOT REQUIRED UNDER
THE SUBDIVISION CONTROL LAW
SALEM PLANNING BOARD
x`99
DA TE:
/� ds,�moo
/VOTES -
L OT/AND L OT 3 ARE TO eE COMB/NED
i
TO FORM ONE CONTIGUOUS L O T,
2. L OT/ ON THIS PLAN/S SHOWN AS L O T/2/
ON ASSESSOR S MAP 2"
J. LOTS283ARESHOWNASLOT/22
�L ON ASSESSORS MAP 2.
4 LOT11S ALSO L.C. PLAN 7/59B,HOWN AS LOT/32 ON
M
o 5" EASFMENT SHOWN/S FOR THE BENEF/T OF
of OF L O T 3 FOR AS L ONG AS RUDOL PH 8 MARY
v N L O T l GROW/TZ RES/DE THERE.
S.F.
6. THIS SUBON/S/ON/S/NTENDED TO SETTLE
OUT OF COURT AN ADVERSE POSSESS/ON CLAIM
BY THE 0WNFRS OF L OT/FOR THE PORT/ON
OF THE DR/VEWA Y SHOWN ON L O T J. THE
Sc r I
PAR T/. MTO SA VE FURTHERF/ANC/ALOHARD-
I SH/P TO PURSUE THE CASE WITH FURTHER
U
O COURT PROCEED/NGS,
2
� NOo C�
�C
Grow/tr M o
n I
Rudolph
�\
Dov/d,qusso
M 0" M
2 o No. 2
N
N �
� �� PROPOSED
SUSD/V/S/ON OF LAND
1 EXIS nr✓G14 t °
°
1 DRIVEWAY'
v 1 �-� Eas enol/ IN
eet
LO-r Soft-� i See 0 �P
h � See SALEM, MA
Jh 1
ss
50.00 PREPARED FOR
vis•,6. ?s,� 0 N mss. y
Ce4R 3pF soon 33.
4li,E 29 0 % ,o" , °�' DA V/D RUSSO 8
rN �c X99
( 407.s CER oo, 1pC`A��`sT RUDOLPH & MARY GROW/TZ
N" T,S/L 'I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES SCALE /'* = 20' FEB. /5, /992
AND REGULATONS OF THF RFGISTRY OF DEEDS
ARK ,e '�W LANDMARKENGINEERING
DENNIS ✓. M ANUS, PLS 8 SURVEYING, INC.
583 CHES TNUT S TREET
— L YNN, MA
O /0 20 40 60 80
APPROVAL NOT REWIRED UNDER
THE SUBD/V/S/ON CONTROL LAW
SALEM PLANN/NG 80A RD
2�F
DATE:
I
NO TES -
L OT/AND L OT 3 ARE TO BE COMB/NED
TO FORM ONE CONT/GUOUS LOT,
2. L O T/ ON THIS PL AN/S SHOWN AS L O T/2/
ON ASSESSORS MAP 2.
J. L0rS283ARE SHO ONASL0T/22
ry ON ASSESSOR S MAP 2r
Z 4 L.C. PLAN LSO SHOWN AS LOT/32 ON
3 p SF
0 0 5. EASEMENT SHOWN/S FOR THE BENEF/T OF
of
OF L OT 3 FOR AS L ONG AS RUDOL PH 8 MARY
c N L O T l GROW/TZ RES/DE THERE.
0 0
18,435-t S.F.
6. TH/S SUBDIVISION/S INTENDED TO SETTLE
OUT OF COURT AN ADVERSE POSSESS/ON Cl AIM
BY THE OWNERS OF L OT/FOR THE POR TION
a OF THE DRIVEWAY SHOWN ON L OT 3. THE
SET TLEMFNT BEING AGREED TO BY BOTH
r I PART/ES TO SA VF FURTHER FINANCIAL HARD-
SHIP TO PURSUE THE CASF W/TN FURTHER
No, O
COURT PROCFED/NGSr
h
2 I QG
�C
& MorY Gro w(l r ^� o
Rudolph
Dov/d Russo �
M 0• M
o /Ja. 2
N
h I �e PROPOSED
I h
SUBDIVISION OF LAND
EXISTING e
�h VcWA Y,
DRI
/N
em n1
aM� o pr 3 $ee pefah QA + .
Oio E NI $ee pelall-�,, I
1,� f SALEM, MA
6: W 0o soo�3Sp
0 50. 1 � PREPARED FOR
3pF 9 /6 ��' ,,
CLAR,, SOoo 33. 2 30., r , . _. DA V/D RUSSO 8
ASF N '490� RUDOLPH 8 MARY GROW/TZ
D 00 SIDE ) �`Z�f&A ToccAp�s
N. T•S/L ( 40' r SCALE /" = 20' FEB. /5, /992
CERT/FY THAT THIS PLAN CONFORMS TO TNF RULES
AMD REGLILAT/ONS OF TNF REG/STRY OF DEEDS
G�ARK
49/S ✓. M ANUS P ��s LANDMARK ENG/NEER/NG
DEN
8 SURVEY/NG, INC.
583 CHES TNUT S TREE
L YNN, MA
0 /0 20 40 60 80