9 FRANKLIN STREET - ZBA (2) i
9 Franklin St. (B-1/R-2
Gerren Realty Trust — —
�l
J \
v
V
Q PETITIONERDATE OF HEARINGp
J
LOCATION
OTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND J
70 CONTINUE SECOND
POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
STEPHEN O'GRADY
GEORGE A. AHMED J
FRANCIS GREALISH
i
2"w.�nnn rni—�ii�rnicyT /
STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
RONALD PLANTE
ARTHUR LABRECOUE
CONDITIONS:
:1}13 i�t :3 DPT 30 Dearborn Street
Salem, MA 01970
'7 July 10, 1993
RE: Variance Request at .i L L� 13 ); � °A
9-11 Franklin Street
Gerren Realty Trust RECEIVED
CITY CFS ,L11,t SS.
Chairman, Salem Board of Appeals
One Salem Green
Salem, MA 01970
Dear Mr. Chairman:
I live in the neighborhood, but will be out of town when the above variance is being
considered. However, I would like to submit the following comments for the Board's
consideration. I have no objection to the use variance being granted. That is a ques-
tion more directly affecting the immediate abutters, and I will leave that discussion
to them. My comments are directed more toward impacts on the neighborhood in general,
if the variance is granted .
If the variance is granted, I suggest the following conditions be attached:
1. No more than _.......... vehicles may be stored outside during the day, and those
vehicles shall be stored only in the spaces so marked on the approved site plan.
2. No more than ......,,_'',,......._ vehicles may be stored outside overnight, and those vehicles
shall be stored only in the spaces so marked on the approved site plan. (May be
the same spaces as 1 above. )
3. In addition to the above spaces, _ ...... spaces shall be provided for customer and
employee parking, as shown on the approved site plan.
4. No vehicle shall be stored outside longer than seven* days.
(*Reasonable number to be determined by the Board and Owner.)
5. Signage on the building and on any free-standing signs shall be uniform. For exam-
ple, all signs on the exterior of the building shall be (2?) feet high by (6?) feet
long, and shall be installed at the same height and the same relative location
(i .e. above the garage door or above entrance door) for each business. (The intent
is not to impose any restraints in excess of the Salem Sign Ordinance, but to re-
quire a generally uniform appearance among possibly numerous businesses in the same
building, thus preventing a sloppy, hodge-podge appearance detrimental to the whole
neighborhood. )
6. The exterior of the building shall retain a uniform appearance, no matter how many
businesses it may contain. (The intent is not to limit remodeling or repair
options, but again to prevent a hod.e-podge, detrimental, appearance that would
result if each business decorated their portion of the building differently.)
I feel that Franklin Street is an important entrance to our neighborhood, and its ap-
pearance deserves careful attention. The above conditions should be helpful in main-
taining and upgrading its appearance. I regret being unable to attend this hearing,
but appreciate your consideration of my comments. Thank you.
Ver Truly You s,
al_ Dermet
cc: Joe Correnti, Attorney
Serafini, Serafini, and Darling
APPEAL CASE NO. . . . . . . .. .. . . .. .. . . . . .. .
(9ifv of -5 lent, Ius�ttrf�usPtts
- �3=1� of 'A"rui
TO THE BOARD OF APPEALS: Lessee
The Undersigned represent that he is x3m the Emtsc/of a certain parcel of land locate
at 10. . 9, Franklin Streetgam.
_ Hina District. . . . .
B-1/R-2. . . . . . . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See Schedule A
CD0
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U
Owner. . . . . Gerren xealtX.Trust. . . . . . . . . . . . .
9 Franklin Street
Address. . . .$41(=& .,,A. .QI97Q. . . . .. . . . . . . . . . . .
c/o Joseph C. Correnti
Telephone. . (5QQ). .744-.QM. . . . . .. . . . . . . . . . . . .
Petitioner.?qrns ,P- Horton , , , , , , , , ,
Joseph Co Correnti, Esq.
(]
Address. . . .
Sesafini� ,Serafini, d,Aap�jng
Date. . . . ;/. .✓, : 1 ��1.�. 63 Federal Street: Salem: MA 019:
/ Telephone. A5 8) 744-0212
By. . . . . . . . !t?1% '. '� '' . . . . . . . . . .
Three conies of the application must be filed with the cretary 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.
^'-- I'IMR—IU—'U'U DMI 11010 1L; ICL IVU. treev re,a
PLOT PLAN OF LAND IN SALEM, MASS. ,
DATE; MAY 26, 1993
SCALE: 1"=60'
NOTE; This plan was compiled by a tape survey and
not an instrument survey, therefore all ofsetta
shown are approximate.
BAYSTATE SURVEYING ASSOCIATES Z
,Np� M 234 CABOT STREET, BEVERLY, MASS. , 01915
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SCHEDULE A <
The Petitioner proposes to use a portion of an existing%:vacaet
building as an automotive repair shop. The Petitioner 19` t4,
Lessee under written Agreement for the premises situated at_ tht
rear of 9 Franklin Street, Salem, Massachusetts. y
N �
Presently, there are two buildings located on this site, one
which is occupied by Ideal Transmissions Co. and the other which
is vacant. The Petitioner proposes to use the rear portion of the
vacant, non-conforming building as an automotive repair shop. The
building, which was formerly occupied by Essex Tile Company and
has been vacant for a few years, will be divided so as to give
Petitioner approximately 5, 000 square feet of space. A small
office area and storage space will be a portion of that 5, 000
square feet.
The Petitioner ' s business consists of general mechanical
servicing and repair of automobiles, such as engine tune-ups and
brake work. There will be no fuel pumps at the site nor will there
be any body work or painting of automobiles. An existing large
overhead door will serve as access to the work area, and all work
and equipment will be inside the building.
The premises is located in both a B-1/R-2 zone. Automobile
repair shops are a specially permitted use in a B-1 zone. Part of
the premises is currently being used as an automobile transmission
repair shop, while other neighboring property uses include a
gasoline filling station, a boat yard, a salvage yard, an auto body
shop, and a car wash and wax facility. Petitioner submits that the
proposed change in use will not be substantially more detrimental
to the neighborhood than the existing or present use, and is
otherwise consistent with the Zoning Ordinance. The Petition can
be granted without nullifying or substantially derogating from the
intent and purpose of the Ordinance. Thus, the Petitioner requests
a Special Permit allowing the proposed use for this site.
Article VII, section 7 . 2 of the Ordinance sets out
Supplementary Regulations dealing with automobile service stations
which, arguably, may apply to this Petition. While this section
sets out density regulations for the construction and operation of
automobile service stations, the Petitioner requests a Variance
from these requirements.
The Petitioner submits that this premises is unique to the
neighborhood in that it is multi-zoned, which is a condition not
generally affecting other lands, buildings and structures in the
same District. Literal enforcement of the Ordinance would cause
a substantial financial hardship to the Petitioner and the owner
of this land, as this premises has been dedicated exclusively to
commercial use for many years. Many of the abutting properties are
1
uses of the same or similar type. Compelling the Petitioner to
bring the premises into literal compliance with the Ordinance would
be prohibitive.
Granting the desired relief may be done without derogating
from the intent of the District or the purposes of the Ordinance
and without substantial detriment to the public good as the
proposed use fits nicely into this area while eliminating the
problems typically associated with vacant warehouses.
Wherefore, the Petitioner respectfully requests that the Board
grant the proposed Special Permit and Variance.
2/horton/a
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BuiLDP D DEPT. . 30 Dearborn Street
Salem, MA 01970
July 10, 1993
RE: Variance Request at AUL Z1 8 13 All °93
9-11 Franklin Street
Gerren Realty Trust RECEIVED
CITY OF SALEM,HASS.
Chairman, Salem Board of Appeals
One Salem Green
Salem, MA 01970
Dear Mr. Chairman:
I live in the neighborhood, but will be out of town when the above variance is being
considered. However, I would like to submit the following comments for the Board's
consideration. I have no objection to the use variance being granted. That is a ques-
tion more directly affecting the immediate abutters, and I will leave that discussion
to them. My comments are directed more toward impacts on the neighborhood in general,
if the variance is granted.
If the variance is granted, I suggest the following conditions be attached:
1. No more than *......... vehicles may be stored outside during the day, and those
vehicles shall be stored only in the spaces so marked on the approved site plan.
2. No more than .........* vehicles may be stored outside overnight, and those vehicles
shall be stored only in the spaces so marked on the approved site plan. (May be
the same spaces as 1 above. )
3. In addition to the above spaces, spaces shall be provided for customer and
employee parking, as shown on the approved site plan.
4. No vehicle shall be stored outside longer than seven* days.
(*Reasonable number to be determined by the Board and Owner.)
5. Signage on the building and on any free-standing signs shall be uniform. For exam-
ple, all signs on the exterior of the building shall be (2?) feet high by (6?) feet
long, and shall be installed at the same height and the same relative location
(i.e. above the garage door or above entrance door) for each business. (The intent
is not to impose any restraints in excess of the Salem Sign Ordinance, but to re-
quire a generally uniform appearance among possibly numerous businesses in the same
building, thus preventing a sloppy, bodge-podge appearance detrimental to the whole
neighborhood. )
6. The exterior of the building shall retain a uniform appearance, no matter how many
businesses it may contain. ,(The intent is not to limit remodeling or repair
options, but again to prevent a hodge-podge, detrimental, appearance that would
result if each business decorated their portion of the building differently.)
I feel that Franklin Street is an important entrance to our neighborhood, and its ap-
pearance deserves careful attention. The above conditions should be helpful in main-
taining and upgrading its appearance. I regret being unable to attend this hearing,
but appreciate your consideration of my comments. Thank you.
Ver Truly You s,
al D e r m e t
cc: Joe Correnti, Attorney
Serafini, Serafini, and Darling
APPEAL CASE NO. . . . . . . . . . . .. . . . . . . . . . . .
of '!5ttllem, C4jussarIjUS S
�,. �Iattrb of tPzil
TO THE BOARD OF APPEALS: Lessee
The Undersigned represent that he is :mac thec/of a certain parcel of land located
at NO. , 9, Franklin Street . _ . . . . . . . . . . . . . ; Zoning District. . . . . .
. . . . . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal c
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See Schedule A
w c,.
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Owner. . . . . Gerren Realty Trust. . . . . . . . . . . . . .
9 Franklin Street
Address. . . .S41(Eguh MA . AIM. . . .. . . . . . . . . . . . .
c/o Jose&h C. Correnti
Telephone. . (5QQ). .74p4,-Q?12. . . . . . . . . . . . . . . . . . .
Petitioner.J,�'Ns P. Horton, , , , , , , ,
Joseph C. Correnti, ,Esq., , , , , , , , ,
Address. . . .Serafini. ,Serafini.�LN. Lrlipq. .
Date. . . . .Q; ( � ( `, 63 Federal Street, Salem, MA 01970
Telephone. . (5 8) 744-0212 . . . . .
By. . . . . . . . lt?l ! �. . . . . . . . . . .
Three copies of the application must be filed with the cretary 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.
NO... ....... ........ ...............
PETIT ION 10 BOARD OF APPEALS
LOCATION
......................... .................
PE"I I I IONER........ . .......................
ADDRESS..... .... ... .. ....... .. ..... ....
..........I..........
CONDI I IONS
........................... ................
........................ .......................................
....................... ............. ............. .......
................... ........................... .................
............................ ...............................
....................................-..........................
PETITION APPROVED.................... ❑
DENIED.........................
......................................... 19.........
I'IHK-IU-"U'U =HI 11:10 IV; IGL 14U. wccn re,l
PLOT PLAN OF LAND IN SALEM, MASS. ,
DATE: MAY 26, 1993
SCALE: 1"=60'
NOTE: This plan was Compiled by a tape survey and
not an instrument survey, therefore all ofsetts
shown are approximate.
BAYSTATE SURVEYING ASSOCIATES c?
�N utMllEHf
234 CABOT STREET, BEVERLY, MASS. , 01915 < N
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I'IHK—IU—'U'U SH[ 11:1U LI); - ImL IVU• ♦rccc, re,♦
PLOT PLAIT OF LAND IN SALEM, MABB. ,
DATE: MAY 26, 1993
SCALE: l"=601
NOTE: This plan was oompiled by a tape survey and
not an instrument survey, therefore all ofsetts
shown are approximate.
v
BAYSTATE SURVEYING ASSOCIATES Z
�iD
234 CABOT STREET, BEVERLY, MASS., 01915 m t
0
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SCHEDULE A
mQ
A�
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The Petitioner proposes to use a portion of an existingLracqut
building as an automotive repair shop. The Petitioner Ct'c, t
Lessee under written Agreement for the premises situated 61t ttr�'
rear of 9 Franklin Street, Salem, Massachusetts. ` y,
' N �
Presently, there are two buildings located on this site, one
which is occupied by Ideal Transmissions Co.' and the other which
is vacant. The Petitioner proposes to use the rear portion of the
vacant, non-conforming building as an automotive repair shop. The
building, which was formerly occupied by Essex Tile Company and
has been vacant for a few years, will be divided so as to give
Petitioner approximately 5, 000 square feet of space. A small
office area and storage space will be a portion of that 5, 000
square feet.
The Petitioner's business consists of general mechanical
servicing and repair of automobiles, such as engine tune-ups and
brake work. There will be no fuel pumps at the site nor will there
be any body work or painting of automobiles. An existing large
overhead door will serve as access to the work area, and all work
and equipment will be inside the building.
The premises is located in both a B-1/R-2 zone. Automobile
repair shops are a specially permitted use in a B-1 zone. Part of
the premises is currently being used as an automobile transmission
repair shop, while other neighboring property uses include a
gasoline filling station, a boat yard, a salvage yard, an auto body
shop, and a car wash and wax facility. Petitioner submits that the
proposed change in use will not be substantially more detrimental
to the neighborhood than the existing or present use, and is
otherwise consistent with the Zoning Ordinance. The Petition can
be granted without nullifying or substantially derogating from the
intent and purpose of the Ordinance. Thus, the Petitioner requests
a Special Permit allowing the proposed use for this site.
Article VII, section 7.2 of the Ordinance sets out
Supplementary Regulations dealing with automobile service stations
which, arguably, may apply to this Petition. While this section
sets out density regulations for the construction and operation of
automobile service stations, the Petitioner requests a Variance
from these requirements.
The Petitioner submits that this premises is unique to the
neighborhood in that it is multi-zoned, which is a condition not
generally affecting other lands, buildings and structures in the
same District. Literal enforcement of the Ordinance would cause
a substantial financial hardship to the Petitioner and the owner
of this land, as this premises has been dedicated exclusively to
commercial use for many years. Many of the abutting properties are
1
uses of the same or similar type. Compelling the Petitioner to
bring the premises into literal compliance with the ordinance would
be prohibitive.
Granting the desired relief may be done without derogating
from the intent of the District or the purposes of the Ordinance
and without substantial detriment to the public good as the
proposed use fits nicely into this area while eliminating the
problems typically associated with vacant warehouses.
Wherefore, the Petitioner respectfully requests that the Board
grant the proposed Special Permit and Variance.
2/horton/a
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CITY OF SALEM CITY OF SALEM
101
-BOARD OF APPEAL BOARD OF APPEAL
745-9595 Ext. 381 ry45-9595 Ext. 381
Will hold a public hearing for all persons inter- WiYI hold a public hearing for all persons inter-
estedREALTY
in the petition submitted by GERRENSpecial
ested in the petition submitted by GERREN
REALTY TRUST for a Variance and Special Per- REALTY TRUST for a V ariance and Special Per-
mit to allow a portion of the property at 9 FRANK- mit to allow a portion of the property at 9 FRANK-
LIN STREET(B-1/R-2)to be used as an automobile LIN STREET(B-1/Rd-2)to be useas an automobile
FRANK-
repair shop. Said hearing do be held WEDNES- repair shop. Said hearing to ed held WEDNES-
DAY,JULY 21,1993 AT 0:00 P.M.,ONE SALEM DAY,JULY 21,1993 AT 6:00 P.M.,ONE SALEM
GREEN, second floor. GREEN, second floor.
FRANCIS X. GREALISH, JA., Chairman FRANCIS X. GREALISII, JR., Chairman
July 8, 14, 1993 SN15129 (7Nty74)AA41A326.15129-LEGG SN15129
- - —_- 14.28:26.15129-LEGG _ - - -- -
N
y
APPEAL CASE NO. . . . . .. .. . . .. .. . . . . . .. ..
(pity of aSttlem, ��9E{ttssttr4usPtts
��.. �Ruttrb of
f
TO THE BOARD OF APPEALS: ,Lessee
The Undersigned represent that he is xmmtec the =/of a certain parcel of land located
at NO. . APXP,nkliA Street . . . . . . . . . . . . . . . . . . . . . . . . . .MM Zoning District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
m cy
7y�
Z
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals 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 y'
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:
See Schedule A
LON
O
CD� Lo
c > Owner. . . . . Ge. . . . . . . . . . . .ren ealty Trust
9 Franklin Street
Address. . . .Sal(n& A.Z. .Q1M. .. ... . . . . . . . . . ..
C/o Jose C. Correnti
Telephone.. NQ$). .?9�Q412. . . . . . .. .. . . . . . . . . .
Petitioner James P: Hoxton
Joseph Co Correnti, Esq.
�T`3
Address. . . .$EXafini4 ,Sgraf}n}, �l,paj7jj.pg. . .
u l 63 Federal Street, Salem, MA 01970
Date. . �. . . . . . . . . Telephone. . S508)�744-0212
By.. .1 .-?G .� . . . . . . . . . . . .
Three copies of the application must be filed with he Secretary of the Board of
Appeals with a check, for advertising in the amount of. .. . . . . . .. . . ... . . . . . . .... .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
5S
n �
SCHEDULE A n<
mQ
r� fJ
The Petitioner proposes to use a portion of an exi($t-ingyvacant
building as an automotive repair shop. The Petitioner was the
Lessee under written Agreement for the premises situa`-tgd4the
rear of 9 Franklin Street, Salem, Massachusetts. 0nL
N
Presently, there are two buildings located on this site, one
which is occupied by Ideal Transmissions Co. and the other which
is vacant. The Petitioner proposes to use the rear portion of the
vacant, non-conforming building as an automotive repair shop. The
building, which was formerly occupied by Essex Tile Company and
has been vacant for a few years, will be divided so as to give
Petitioner approximately 5, 000 square feet of space. A small
office area and storage space will be a portion of that 5, 000
square feet.
The Petitioner's business consists of general mechanical
servicing and repair of automobiles, such as engine tune-ups and
brake work. There will be no fuel pumps at the site nor will there
be any body work or painting of automobiles. An existing large
overhead door will serve as access to the work area, and all work
and equipment will be inside the building.
The premises is located in both a B-1/R-2 zone. Automobile
repair shops are a specially permitted use in a B-1 zone. Part of
the premises is currently being used as an automobile transmission
repair shop, while other neighboring property uses include a
gasoline filling station, a boat yard, a salvage yard, an auto body
shop, and a car wash and wax facility. Petitioner submits that the
proposed change in use will not be substantially more detrimental
to the neighborhood than the existing or present use, and is
otherwise consistent with the Zoning Ordinance. The Petition can
be granted without nullifying or substantially derogating from the
intent and purpose of the Ordinance. Thus, the Petitioner requests
a Special Permit allowing the proposed use for this site.
Article VII, section 7 . 2 of the Ordinance sets out
Supplementary Regulations dealing with automobile service stations
which, arguably, may apply to this Petition. While this section
sets out density regulations for the construction and operation of
automobile service stations, the Petitioner requests a Variance
from these requirements.
The Petitioner submits that this premises is unique to the
neighborhood in that it is multi-zoned, which is a condition not
generally affecting other lands, buildings and structures in the
same District. Literal enforcement of the Ordinance would cause
a substantial financial hardship to the Petitioner and the owner
of this land, as this premises has been dedicated exclusively to
commercial use for many years. Many of the abutting properties are
1
uses of the same or similar type. Compelling the Petitioner to
bring the premises into literal compliance with the Ordinance would
be prohibitive.
Granting the desired relief may be done without derogating
from the intent of the District or the purposes of the Ordinance
and without substantial detriment to the public good as the
proposed use fits nicely into this area while eliminating the
problems typically associated with vacant warehouses.
Wherefore, the Petitioner respectfully requests that the Board
grant the proposed Special Permit and variance.
2/horton/a L-
m�T
� F
O �
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2
I'IHK-IU-'UG mHl 11: 10 lU: ICL IVU. Hees reg♦
PLOT PLATT OF LAND IN SALEM, MASE. ,
DATE: MAY 26, 1993
SCALE: 1"=601
NOTE: This plan was compiled by a tape survey and
not an instrument. survey, therefore all ofsetts
shown are approximate.
BAYSTATE SURVEYING ASSOCIATES
Of 234 CABOT STREET, BEVERLY, MASS. , 01915 n c
RC�Fff
8011 Mee
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Z40ARD OF ASSESSORS
CITY HALL. PAGE. A
SALEM, MA 01970
..........
•
2 Y,
........... .
2
2 LIS?
.............. 3
N 4
3
4 SUBJECT PF
5 PROPERTY ADDRESS: 0009 FRANKLIN STREET 6
0
6 ASSESSED OWNER GERREN REALTY TRUST 78
9
7 �
................ .........
100
lf'01# Ss
pRE
L
MA,P T-'SUFF�,�� E
... ....... 12
13
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