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156 DERBY STREET - ZBA �s� Bey s��-- - -- � _ ,. -- - � Zoning Board Proiect Status Sheet Address & Applicant: .*TT Date Submitted to BOA: l0 3042013 Clerk Stamp: I o 12)o 12a I s Variances Only - Constructive Approval Date: , g Abutters List Requested: i�,,Abutters Notice Sent: P/ Notice to Abutting Cities & Towns, Councillors: c�/ Legal Notice posted at City Hall: ,, p/ Legal Notice Emailed & Confirmed: ❑' Legal Notice Posted on Web: VAgenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: I I lj0913 Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: 2 11(6 Decision: Decision Filed: 12 3U 3 Appeal Period Over: L¢ � ecision Sent to Applicant: t2 31113 J Notice of Decision Sent to abutters, cities and towns, councillors: 1 1 �ONDIP,j CITY OF SALEM, MASSACHUSETTS A-6 BOARD OF APPEAL 9�at 9�4 nnvEOR= " lzowasniNcrrJsai� ori-r * sni.cni � r:n [,�ss:� usi,:rr h�11t � 30 P 2: 00 Krairsicai.i::r Diuscou. 978-745-9595 ♦ F:\x:978-740-9846 FILE n t:"'ou CITY CLUf,K, S LDI, PLASS, December 30, 2013 Decision City of Salem Zoning Board of Appeals Petition of SPIRO KOUNSALIEH requesting a Special Permit under Section 3.3 Nonconforming Uses and Structures of the Salem Zoning Ordinance to change from an existing nonconforming use to another non-conforming use; a Variance under Section 5.1.2 Location of the Salem Zoning Ordinance to allow required parking to be located on a separate lot; Variances under Section 4 Dimensional Requirements of the Salem Zoning Ordinance to allow encroachment on the minimum allowed width of side yard and minimum allowed depth of rear yard, and relief from the maximum allowed lot coverage by buildings, at the property located at 156 DERBY STREET (Bl Zoning District). A public hearing on the above Petition was opened on December 18, 2013 pursuant to M.G.L Ch. 40A, 5 11. The hearing was closed on that date with the following Salem Board of Appeals members present: \1s. Curran (Chau), Ms. Harris (Vice Chair), Mr. Dionne, Mr. Watkins, and Mr. Eppley (Alternate). The Petitioner seeks Variances from Section 5.1.2 Location and Section 4.0 Dimensional Requirements, and a Special Permit under Section 3.3 Noncorforrming Uses and Sinretures, of the Salem Zoning Ordinance Statements of fact: 1. Attorney William Quinn of Tinti, Quinn, Grover & Frey, P.C. presented the petition for the property- at ropertyat 156 DERBY STREET (B1 Zoning District). 2. In the petition, date-stamped October 30, 2013, the Petitioner requested: 1. A Special Permit under Section 3.3 Nonconlorwrirrg Uses and Simctures in order to change from one nonconforming use to another 2. A Variance from the provisions of Section 4 Dimensional Requirements for relief from the 10 foot minimum width of side yard requirement, the 30 foot minimum depth of rear yard requirement, and the 40 percent maximum lot coverage by all buildings requirement, of the Salem Zorung Ordinance. See the table below: } �> onrrtg�r rdrnanee waw Dropgsed Current ;trnensronateIiwequ niers a �a .> a r %� Regtnredtant Dtmensio ^$>Dtmenston Minimum width of side yard l0 0 0 Minimum depth of rear yard 30 2.6' 2.6' Maximum lot coverage by buildings 40°/o 68.9"4, 69.9'y5, City of Salem Board of Appeals December 30, 2013 Project: 156 Derby Street Page 2 of 3 3. A Variance from the provisions of Section 5.L2 Locution for relief from the requirement that all parking spaces be on the same lot as the budding or use which they are intended to serve. 3. The requested relief, if granted, would allow: a residential unit on the third floor of the existing budding, the reconstruction of an existing stairway so that it complies with budding code and to locate it entirely on the applicant's property where it had previously encroached onto a neighboring property, and to allow the required parking for the two residential units to be located across the street. 4. "['here is an existing nonconforming use of the building (a restaurant with one residential unit) as there is currently a residential unit on the second floor of the property, which has been in use since at least 1965. Additionally, the 2006 Decision of the Zoning Board regarding this property specifically mentions the existence of the residential wit. The Petitioner seeks to change to another non- conforming use (a restaurant with two residential units). 5. The Petitioner Submitted a copy of a parking lease to provide three (3) off-street parking spaces for exclusive use by the residents of the two residential units, at Captain Dusty's, 143-147 Derby Street, for a period of five (5) years, with an unrestricted option to extend the lease for an additional five year period. 6' At the public hearing for the petition, the board considered the comments of interested persons who spoke in favor of the petition. There were no comments submitted in opposition to the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings L The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of tine City of Salem Zoning Ordinance, as off-street parking has been secured. 2. The location of the building on the lot, and the location of the neighboring building relative to the lot, creates a hardship that justifies the variances required for the rebuilding of the stairs. 3. The proposed non-conforming use is not more detrimental than the existing non-conforming use. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (t\Is. Curran — Chair, Ms. Harris — Vice Chau, Nit. Watkins, Mr. Dionne, and \{r. Eppley in favor) and none (0) opposed, to approve the Special Permit to change from an existing nonconforn- ng use to another non- confortrng use; the Variance allow required parking to be located on a separate lot, and the Variances to allow encroachment on the minimum allowed width of side yard and minimum allowed depth of rear yard, and relief from the maximum allowed lot coverage by buildings, subject to the following terms, conditions, and safeguards: L The Petitioner shall comply with all city and state stances, 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 Ere safety shall be strictlY adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained City of Salem Board of Appeals December 30,2013 Project: 156 Derby Street Page 3 of 3 6. A Certificate of Inspection is to be obtained 7. Petitioner is to obtain approval from any Cit}- Board or Commission having jurisdiction including, but not limited to, the Planning Board. S. Petitioner will provide proof of current lease to the Zoning Enforcement Officer for three off-street parking spaces, to be renewed as necessary. Petitioner will report on the leases at 5 ),ear intervals from the execution of the fust lease. Failure to file a current lease for 3 parking spaces within reasonable distance of the residential units will result in a mandatory appearance before the Board of Appeals for review and potential revocation of approval Rebecca Curran, Chair Board of Appeals c 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 tldassachruetls General L<nvf Chapter 10_d, and shall he filed within 20 days of filing of this detirion in the ofce of the City Clerk. Pursuant to the Massachusetts Generall—aws Chapter-10.d, Se(tion 11, the f,ariance or Special Permit granted herein shall not take e§)cl until a copy of the derision bearing the certificate of she. Cily Clerk has been filed with the Eiaez South Regie7ry of Deeds. MAP 35 LOT 346 PALFREY COURT CONDOMINIU 6 PAFREY COURT 2.6' 32.84' — NEW STAIRS ROOF I MAP 35 LOT 349 TO BE BUILT OVERHANG STEPHEN & JUDY ANN PARLATO AT PROPERTY = — FREEZER I LINE I BELOW 1 16 DANIELS STREET v existing stairs I (shown as dashed lines) - D to be removed 7 3.3' _L PROPOSED NEW o MEXTERIOR EGRESS ix) (— STAIR N U) J O MAP 35 LOT 347 0 UNITED STATES OF AMERICA 48.00' 158 DERBY STREET a V MAP 35 LOT 348 handicapped # 156 parking space m 0.1' 28.33' - - 21.46' - x •49 sL.r _ _ DERBY STREET �-- ZONING DISTRICT — 81 REQUIRED EXISTING PROPOSED FRONT 15 0 0 SIDE 10 0 0 REAR 30 2.6' _' 2.6' LOT COVERAGE 40% 68.9% 69.9% NOTES: ' • i THIS PLOT PLAN IS THE RESULT OF AN INSTRUMENT SURVEY. — LOT AREA = 3300 t S.F. PLOT PLAN OF LAND 156 DERBY STREET - ` GAIL IL SALEM g y �'m I CERTIFY THAT THE BUILDINGS : No 35043 PROPERTY OF HEREON ARE LOCATED ON ^p p9osa ® SPIRO KOUNSALIEH THE GROUND AS SHOWN. SCNaL UAgo- �_.�a�'°. SCALE 1 = 16 SEPTEMBER 24, 2013 NORTH SHORE SURVEY CORPORATION Z 11,3 14 BROWN ST. — SALEM, MA DATE REG. PROF. LAND SURVEYOR 978-744-4800 #2117 r EXISTING, NON— ARCHITECT: CONFORMING EXTERIOR wood fence wood fence GABRIEL PETINO ` REAR STAIR ----r-------------- ------------------------ -------------..-...., — T UNE Y OWRHANG ABOVE A R GHy1 IT E G URAL it I• EXISTING, NON- DESIGN '1 _f-ONFORM24 EXTERIOR EXISTING EXTERIOR j REAR STAI11! FREEZER AT jit RESTAURANT LEVEL ! it 19R TO II ALLEY 1 I I I I 1 I ' I _J l NO DESCRIPTION DATE REVISIONS DAR � 20 No. 10740 y o BEVERLY EXISTING, NON— o MASS. JyW c� CONFORMING MP a REAR STAIR EXISTING, NON— CONFORMING 3 FRONT STAIR PROJECT EXISTING, NON- FOR EGRESS CODE REVIEW AT-GRADE CONFORMING FOR THE APARTMENTS EXTERIOR DOOR FRONT STAIR HAS LOCATED AT: LEADING TO DANGEROUS STEP DOWN REAR STAIR INTO UNIT FROM COMMON DERBY STREET 2ND FLR. APT. LANDING SALEM, MA ---------- NOTE: SHEET TITLE -; ALL APARTMENT ROOM FLOOR PLAN SHOWING -----' S.F. AREAS LISTED ARE EXISTING NON—CONFORMING AT-GRADE EXISTING SIZES AND ARE _1 �_ EXTERIOR DJF INTENDED TO STAY AS SUCH. EGRESS LEADING TO 1 FRONT STAI ; 2ND & 3RD APT. SCALE 1/811 = 1'- 011 ' PROJECT NO. DRAWING NO, EXISTING 2ND FL. APT. EXISTING 3RD FL. APT. DATE A — I 10/28/13 d r 3 ARCHITECT: wood fence wood fence # G A B R I E L P E TI N 0 LOWER LANDINGS NEW, CODE- ARCHITECTURAL TO ALLEY AND BACK COMPLIANT, NEW, CODE— EXTERIOR STAIR ! !E- COMPLIANT, DESIGN SERVICING THIRD FLOOR �, EXTERIOR STAIR APARTMENT, W/ NEW BALUSTERS, L y __SEftYI_G.ING ENCLOSED RISERS, AND NEW i^ Tf11RU FLJOR 0P ON LOWER STAIRS, LANDINGS APARTMENT AND RAILINGS ON ON bN IBR TO ____ .._ ___ ! ALLEY ____ _ _ ___ ___ _ _ ____ __ __ 1 I 1 1 I 1 I 1 1 1 1 BEDROOM - Area: 258 s.f. BEDROOM Area: 121 s.f. KITCHEN Area: 167 s.f. NO DESCRIPTION DATE REVISIONS BATH Areo: 35 s.f. BATH Area: 49 s DAR �� P�E� PfriT�cf KITCHEN Area= 231: s.f. DINING ROOM No. 10740 WIDEN STAIR Area: 133 s.f. o BEVERLY MASS. aJy LANDINGS FRONT �o AND BACK STAIRS4L MOF ss WIDEN STAIR 0 LANDING AT FRONT DINING ROOM EGRESS STAIR PROJECT Area: 118 s.f. EGRESS CODE REVIEW NEW INTERIOR & — LIVING ROOM oN�P COMMON STAIR I- Area: 205 s.f. FOR THE APARTMENTS LANDINGS ARE TO BE AT SAME LOCATED AT: ELEVATION DERBY STREET SALEM, MA tE _.__------1 NOTE: SHEET TITLE --------- ALL APARTMENT ROOMFLOOR PLAN — -' S.F. AREAS LISTED ARE BEDROOM BEDROOM NEW EGRESS SHOWING BEDROOM EXISTING SIZES AND ARE Area: 137 s.f. Area: 135 s.f. LIVING ROOM -, r- Area: 154. s.f. Area: 100 s.f. INTENDED TO STAY AS SUC . I 1 I 1 I 1 I I I I 1 I SCALE 11- OI I I, tf r PROJECT NO. DRAWING NO. 2ND FL. NEW EGRESS 3RD FL. NEW EGRESS DATE A L / fI 10/28/13 1 Dana Menon From: WilliamFQuinn@aol.com Sent: Friday, December 06, 2013 1:07 PM To: Dana Menon Subject: 156 Derby Street ZBA Application Attachments: Parking Lease for 156 Derby Street.pdf Follow Up Flag: Follow up Flag Status: Flagged 12/06/2013 Hi Dana: Attached is a copy of the parking lease obtained by the applicant to provide a total of three (3) off-street parking spaces for his two apartments (1.5 per dwelling unit, as specified by the Zoning Ordinance), right across Derby Street from the applicant's premises. It is for a term of Five (5) years, with an option for five (5) additional years. Please add this to the file and package that will be circulated to the ZBA members for the Dec. 18 meeting. Thanks, and let me know any questions or concerns. Please reply to acknowledge receipt. Bill Quinn William F. Quinn Tinti, Quinn, Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 1 AGREEMENT To LEASE PARKING SPACES Agreement made this 15t day of July 2013, by and between Spiro Kounsalieh (hereinafter "Kounsalieh") , and Captain Dusty' s, Inc. (hereinafter "Dusty") . WHEREAS Kounsalieh is the owner of record of real property known and numbered as 156 Derby Street, Salem, MA by quitclaim deed recorded in Essex South Registry of Deeds Book 17492, Page 82, and WHEREAS Dusty, a domestic profit corporation organized under the laws of the Commonwealth of Massachusetts on January 17, 2002, is the owner of real property, known and numbered as 143 - 147 Derby Street, Salem, MA by quitclaim deed recorded in said Deeds Book 18799, Page 55, NOW THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree, and declare, as follows: Kounsalieh shall lease from Dusty three individual parking spaces, able to accommodate a total of three vehicles, on Dusty' s property at 143 - 147 Derby Street, Salem, MA at the monthly rate of Seventy-Five and 00/100 ($75. 00) Dollars for each parking space for the five year period beginning July 1, 2013 and ending 1 ' Y_ June 30, 2018 . Kounsalieh shall have an unrestricted option to extend the within lease for an additional five year period to commence July 1, 2018 . IN WITNESS WHEREOF, the parties herein have executed this Agreement to Lease Parking Spaces under seal and under the laws of the Commonwealth of Massachusetts as of the date first written above. Ulf SHAHIN SHAWN Notary MAlic S COMMONWEALTH OF MASSACHUSETTS My Commission Expires June 30.2017 pis K alieh Wit ess: � _ 72- ` to both 4 ptain Dusty' s, Inc. Witness: By John A. Bartlett Treasurer, Secretary and Director Duly authorized 2 a/` M CITY OF SALEM, MASSACHUSETTS f ; BUILDING DEPAWINI Nr 120 WASHINGTON STREET,3 FLOOR \ . j TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TFIOMAB ST.PIERRE DIRECroR OF PUBLIC PROPERTY/BUILDING COMMISSIONER February 7, 2013 Spiro Konsalieh 156 Derby Street Salem, Massachusetts 01970 RE: 156 Derby Street Our Department's recent inspection of the above referenced property revealed that an illegal dwelling unit has been created on the third floor. The following actions are required immediately to bring the property into compliance with the Massachusetts State Building Code and City of Salem Zoning Ordinances: 1. You are to cease and desist occupying the third floor unit. 2. File building Permits and arrange inspections for the complete removal of the third floor kitchen, balbroom, laundry area including removal ofplumbing behind the finished wall, atty and all partitions that constitute a living or sleeping area in any way. 3. Submit a signed and notarized affidavit that you shall not occupy the third floor unit until all work itemized above is completed and signed off by this department and any other City department having jurisdiction. You are hereby directed to immediately contact this Department upon receipt of this letter to notify it of your course of action to bring your building into compliance. Failure to respond to this notification will be construed as non- compliance, with issuance of Municipal tickets and including the filing of criminal complaints at District Court. As previously stated in our Department's letter of March 16, 2005 (see attached) this Department has no record of special permits, variances or building permits for these units. If you feel you are aggrieved by my zoning interpretation, your Appeal is to the Salem Zoning Board of Appeals, remember the burden is yours to produce special permits, variances or building permits for these units. If you feel you are aggrieved by the Building code sections, your Appeal is to the Board of Buildings, Regulations and Standards in Boston. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ' t 120 WASHINGTON STREET,3"'FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERBE DIREGTOROF PUBLIC PROPERTY/BUILDING COMMISSIONER Respectfully, Michael Lutrzykowski Assistant Building Inspector cc: file, Health Department, Fire Prevention BOARD OF APPEAL 'fT"Ym®F %A nMA���� 120 WASHINGTON STREET, 3RD FLOOR ELERK'S Q f'1`C 8> SALEM, MA 01970 ` TEL. (978) 745-9595 9�Mn� FAX (978) 740-9846 STANLEY J. USOVICZ, JR. ` -2004.FEB -3 P 2 53 MAYOR DECISION OF THE PETITION OF SPIROS KOUNSALISH REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156 DERBY STREET B-1 A hearing on this petition was held January 21,2004 with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to enlarge a nonconforming structure and a Variance from front, side and rear setbacks and lot coverage to construct a single story addition for the property located at 152-156 Derby Street located in a B-1 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 0), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent expansion of nonconforming lots, land, structures, and uses, provided, however, that such change extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variances which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, Building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 of the Ordinance , DECISION OF THE PETITION SPIROS KOUNSALISH REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156 DERBY STREET B-1 page two The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. Attorney Bill Quinn presented the petition. Attorney Quinn noted that the size of the addition is 26 x 28, existing seating capacity is 33 and the petition is to increase the seating by 35 seats, bring the total seating capacity to 68. The proposal will eliminate four parking spaces while retaining one handicapped parking space. 2. Attorney Quinn noted that the existing building is presently non-conforming and the site/lot space limitations create a hardship. Attorney Quinn presented printed material or comparable court cases. 3. The petition is a request to expand an existing non-conforming building. 4. The second floor of the building is presently used as two apartment units that will remain. 5. Existing zoning is B-1 6. Attorney Quinn noted the parking issue for all businesses and residents in the area, and offered that the petitioner will offer valet parking for the busiest evening hours of operation. 7. Nina Cohen, Chairman of the Zoning Board of Appeal noted that there is a density issue which is being created and asked for the petitioner to address it. 8. The density issue was responded to by the petitioner's project architect who responded that the existing site open space was utilized for parking and therefore there was no additional density being created by the petitioner. 9. Ms. Readon owner of the Pig's Eye restaurant spoke in opposition of the petition based on the loss of the existing on site parking, while complimenting the petitioner on the operation if his business. 10. The owner of 156 Derby Street spoke in favor of the petition. 11. George Osgood, owner of the property on Derby Street which houses the Salem Beer Works and, Dunkin Donuts spoke in favor of the petition. 12. Mark Wookcock form Clark Properties spoke in favor of the petition. 13. City Councilor Joseph O'Keefe spoke in favor of the petition On the basis of the above findings of fact, and on the evidence presented at the hearings the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested 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 0 DECISION OF THE PETITION OF SPIROS KOUNSALISH REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 152-156 DERBY STREET B-1. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. d Therefore, the Zoning Board of Appeal voted, 4 in favor and 1 in opposition to grant the relief requested, subject to the following conditions; 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 and approved by the Building Inspector. 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. Petition shall obtain a Certificate of Occupancy shall be obtained. . 7. Petitioner is to obtain approval from any City Board or Commission having Jurisdiction including, but not limited to the Planning Board. 8. Petitioner will provide valet parking during the evening hours of Thursdays, Friday And Saturday, which will be subject to further review by the Zoning Board of Appeal. Special Permit & Variance Granted January 21, 2004 �r Nicholas Helides CscrK� Board of Appeal i e kB 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