391-391 1/2 ESSEX STREET - ZBA D
391-391 1/2 ESSE% STREET
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M Legal Noticg
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext 361
Will hold a public hearing for all
Persons interested in the petition sub-
mitted by ELEANOR MEADOW-
CROFT seeking an Administrative
Appeal of the Building
Inspector/Zoning Officers determi-
nation regarding the legal use of the
building for the property located at
391.391 1/2 ESSEX STREET R-2.;
Said hearing to be held on WEDNES-
DAY,November 17,2004 at 6:30 P.M.,
120 Washington Street,3RD FLOOR,
ROOM 313.
Nina Cohen!
Chairman I
•4
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL CITY OF SAI,
R aAt
MES Olt 1,
120 WASHINGTON STREET, 3RD FLOOR ,
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 fle f @
MAYOR FAX: 978-740-9846 Lub NOV 23 P Z. Sa
DECISION OF THE PETITION OF ELEANOR MEADOWCROFT REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 391-3911/2 ESSEX STREET
R-2
A hearing on this petition was held November 15, 2004 meeting with the following Board
Members were present: Nina Cohen Chairman, Bonnie Belair, Edward Moriarty,
Nicholas Halides and Richard Dionne. 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, the Salem Board of Appeal voted 5-0, to grant leave to
withdraw this petition without prejudice requesting an Administrative Appeal of the
Zoning Officers determination regarding the legal use of the building for the property
located at 391-391 1/Y Essex Street R-2.
GRANTED LEAVE TO WITHDRAW
WITHOUT PREJUDICE
November 15, 2004
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
AGREEMENT
THIS AGREEMENT, is entered into this day of October, 2004,by and
between Anderson Tuttle Properties, LLC with a principal place of business at 112
Federal Street, Salem,Massachusetts (hereinafter "Anderson Tuttle"), and Eleanor
Meadowcroft of 25 Flint Street, Salem, Massachusetts, (hereinafter"Meadowcroft").
1. Anderson Tuttle Properties, Inc., a prospective purchaser of the premises
known and numbered 391 & 3911/2 Essex Street, Salem,Massachusetts, (hereinafter
"premises")has sought and obtained an opinion from the City of Salem Building
Inspector/Zoning Enforcement Officer(hereinafter`Building Inspector") determining the
premises may be used as a three unit residential condominium, a copy of which is
attached hereto and incorporated herein as Exhibit "A". The Building Inspector has also
determined, in order to accommodate three residential units, a fire escape is required to
be constructed at the rear of the premises.
2. Eleanor Meadowcroft has appealed the determination of the Building Inspector
to the Board of Appeals seeking a finding that the premises may only be used as one
residential unit and one commercial unit. Meadowcroft's appeal, in part, is based upon
her objection to the requirement that a fire escape be affixed to the rear of the premises
immediately adjacent to her residence at 25 Flint Street, Salem,Massachusetts. A copy
of Meadoweroft's appeal is attached hereto as Exhibit`B".
3. The parties wish to resolve the controversy which has arisen from Anderson
Tuttle's proposed use of the premises;
NOW THEREFORE, the parties agree as follows:
a. Anderson Tuttle will limit the use of the premises to a two unit residential
condominium which will eliminate the need to construct a fire escape at the
premises. Therefore,Anderson Tuttle will not construct an exterior fire
escape.
b. Meadowcroft will withdraw her appeal of the Building Inspector's
determination dated July 2, 2004 and will not contest Anderson Tuttle's use of
the property as two unit residential condominium with the Building Inspector,
City of Salem Board of Appeal or with any Court of competent jurisdiction.
This instrument sets forth the entire agreement between the parties and any and all prior
agreements with respect to any thereof, whether oral or written, are superseded hereby.
Neither this instrument nor any term or condition hereof, may be waived or modified in
whole or in part except by written instrument signed by the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Agreement under
seal as of the date first above written.
Anderson. r erties, LLC
Eleanor Meadowcroft BY: / Gti
,C/;;��//�� Bl r Anders. n
6& BY
BY:
Leslie Tuttle
sr yjr�/Ili' ✓X 4� ✓. �fcz 9`' u'1 �`
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
To the Board of Ap jeaf.-
'Me undersigned, E eanor Meadowcroft, resident and owner of a certain parcel of land
located at 25 Flint treet, Salem, within an R-2 zoning district, is aggrieved by and
appeals to the Boaz I of Appeal the determination by the Building Inspector/Zoning
Enforcement Offic , Thomas St. Pierre,that the adjacent parcel of land and building
located thereon at 3 1-391% Essex Street,an R-2 Zoning District, is a"legal
grandfathered 3 unk building," See letter of Thomas St. Pierre,Zoning Enforcement
Officer,dated July , 2004, and attached hereto as "Exhibit A." Said determination is
factually incorrect d legally in error in accordance with the written records of the
building departmen . A careful examination of said records and other supporting
evidence will Supp a finding that the only grandfathered use of the subject property is
as a commercial with one residential unit.
Accordingly, your I etitioner,Eleanor Meadowcroft,respectfully requests that the
determination madc by the Building Inspector/Zoning Officer, Thomas St. Pierre, in his
letter of July 2, 200 , be overruled, set aside, and that the Board rule that the subject
property, 391 —391 /2Essex St. allowable use is as a grandfathered single residential unit
and a single commc rcial retail unit.
Petitioner: Dated:. September 14, 2004
Eleanor Meadowcr ft ly
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR.
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-8595 EXT. 380
MAYOR FAX: 876-740-8846
July 2,2004
Blake Anderson
Leslie Tuttle
RE: Zoning and ue of
391-391!h E sex Street
Dear Blake and slie:
Thank you for mc aing with me at the above mentioned property. The.issues regarding
window height ar I railing heights are grandfathered back to the time they were
constructed. One of the few exceptions is an unsafe egress. The location of the proposed
second egress as iscussed would satisfy the building code requirements.. Also, the
reinstallation of If c ruilings will take cure of the life safety issues.
Zoning wise, the ilding according to the information I have is a legal grandfathered 3
unit building. Ac rding to our records,the building hast residential and one
commercial unit.. Taking into consideration that the building has an extra non-approved
unit(3 residential— 1 commercial)reducing the intensity to 3 residential units would be
approved by this paMnent.
1f renovations to a building are required,the Department will review your proposed
plans and work w th your through the building process.
If further informa ion is r quired lease contact me directly.
r_L;
Thomas St. Pie
Zoning Enforcent Officer
cc: Councillor Pe Ietier,Ward 3
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