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46-52 GREENLAWN AVENUE - ZBA (2) Lots 46-52 Greenlawn Ave. H-1 Charles Brett DATE OF HEARING PETITIONER11;7 /LO�A�� LOCATION MOTION: TO GRANT SECOND `) 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 JAMES FLEMING RBW*R=,59Z-I--NSK-L- JOHN NUTTING .€RST ASSOCIATE MEMBERS Y_9� ARTHUR LABRECQUE CONDITIONS: i 3 zz a22 e � — — APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . CCU of Sttlem, cfflttssadjuse##s �r. Pourb of ' p"ettl TO THE BOARD OF APPEALS: The Undersigned represent that he is awe the ownerh of a certain parcel of land located atA-.; 4 ,Gree1114wr} ,4yen14e . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L*Xzet4 Zoning District.x.l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(5)VIII .B-3,VIA. . . . of the Massachusetts State Building Code. and/or Salem zoning ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Q, ,i Direct Appeal a'� N 0 - R g CC � o d C3 4 ra .-A ? � w.a Z � Y .ct m r � v 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: Please see Continuation Sheet attached hereto. "HARLES BRErT, TRUSTEE OF THE Owner. . .AWZT. FAMVX .P>iALTX .V3VST . . . . . . . . . . . Address.139 ,Holten street,, .44. Qjq3 Telephone. .(5.0L11). . . . . . . . . . . . . . . . . . . . Petitioner. . . . , same , , , , , , , , , , , , , , , , , , , , , , , , Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. eepruarY. 7 ,V9g9 . . . . Telep n . . . .i . . . . . . . . . . By. . . . . . � . . . . . . . . . . J HN G. VAL IZ S, SQ. Three copies of the application must be filed wit a Secretary of the Board of Appeals with a check, for advertising in the amoun of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Continuation Sheet The Petitioner has purchased the seven small vacant lots shown as Lots 46, 47 , 48 , 49, 50, 51 , and 52 on a plan dated October , 1925, recorded In Plan Book 55, Plan 17 , a copy of which is attached hereto, and Intends to combine them Into four larger lots , Lots 1-4 as shown on the new plan flied herewith being dated January 28 , 1989. All lots would be used as single-family house lots. Petitioner ' s proposed combination would create lots with 94 . 26 feet of frontage, each with an average area of about 8 , 500 square feet . Because of the size and shape of Petitioner ' s parcel , a condition especially affecting his land but not generally affecting other lands In the same district , Petitioner ' s proposed combination would create lots of less than 15,000 square feet . Petitioner notes that the parcel of land Involved Is part of an old subdivision where the great majority of existing dwelling lots are In the 5 , 000 to 7, 000 square foot range, well under the size of Petitioner ' s proposed lots . These existing lots containing mostly single-family houses. The Petitioner ' s plan would result In single-family homes on four lots substantially larger than most lots existing In the area . Therefore, Petitioner ' s proposed four lots would not substantially derogate from the Intent and purpose of the zoning ordinance or otherwise be detrimental to the public good . To Implement his plans and avoid the necessary hardship, which literal enforcement of the zoning ordinance would create, Petitioner seeks a variance of the zoning ordinance from section VIII B . 3 as to division of land and from section VI A as to lot area . Petitioner refers the Board to two (2) prior variances granted by It for this property . Copies of those variances are attached hereto and Incorporated herein by reference. Due to the non-exercise of the rights authorized by those variances within one year of their granting , those rights have lapsed . Petitioner respectfully suggests that because the current configuration of these lots and the conditions affecting these lots have not changed since the granting of the prior variances, approval of new variances would be consistent with the Board ' s previous decisions . > 3 (gi#g of Salem, I ttcl}xz$e f Ener Z 11 - z! PuarD of 4Pu1 '82 MAR 17 A10 :49 DECISION ON THE PETITION OF EDWARD MORGANI CITY CLERK'S OFFICE REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM 11ASS A hearing on this Petition was held on March 10, 1982 with the following !. Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, LaBrecque, Piemonte and :Feeherry. Notices of the hearing were 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. This property is currently the subject of a prior variance dated October 14, 1981. However, the Petitioner has requested a new variance for Lots 46-52 Greenlawn Avenue to divide the property into four lots as shown on the plan dated December 31, 1981, bubmitted to the Board. A variance is requird because the lots to be created as shown on the plan submitted to the Board will all be non_conforming. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The lots in the surrounding area are similar in size to those which Petitioner wishes to create. 2. No substantive opposition was raised to petitioner's plan by neighbors. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1. The property in question is unique because of its peculiar configuration and because of the ledge at the site and the manner in which the property slopes up from Greenlawn Avenue. In addition, the present configuration of the lots imposes a hardship on the petitioner by restricting his development of these lots in a manner which is consistent with the sur- rounding area. 2. The conditions described above especially affect the land in question but do not generally affect the zoning district in which the land is located. 3. The conditions described above which affect the land in question, but not the zoning district generally cause special financial hardship to the Petitioner. ^ 7 t DECISION - March 10, 1982 - ED14ARD MORGANI Page 2 '82 MAR 17 A10 :49 4. The desired variance may be grantedwithout sbb1�Y C! IR?f ;ICE tantial � 1 :'_, 0= detriment to the public good. ti , .,; Therefore, the Board of Zoning Appeal voted 4-1 in favor of approving the grant of the requested relief (Mr. Piemonte voted "present"). The Board grants a variance to the Petitioner on the following terms and conditions. . ! 1. Petitioner may combine Lots 46-52 Greenlawn Avenue into four single family lots as shown on the plan submitted to the Board. 2. This variance is conditioned upon the approval of the Petitioner's plan by the Planning Board and any conditions imposed upon Petitioner by the Planning Board shall be incorporated into this decision. 3. Petitioner shall submit all plans to the City Engineer who may then review these plans to determine whether they adequately deal with drainage at the site. The City Engineer shall, in his sole discretion, modify such plans as they relate to drainage if he deems that to be necessary. ZM. Feed r APPEAL FA'_'i i TSi3 i:6 i:i::. .....'. SSiAu C= .':?G_ PLt7 :i,;IF T= SF'T:33 17 CF T. LiASS. 2u MIS A. IE.. '!HE O.tiE OF FILITiG CF THi3 uG u.f., lii -..= aT'i - P.�:!c:a,i l0 i;:.:_ •,::.; t ^> >1.•. 11. THE ...... .:':i.' __ f-F"'IT T. OR THAT. IF Si"'.: .,.. ,.t h''.'. iii:S t.... ::L-E. CR U" REC,, Q M TEE '.',"'Tit L3S .. „_.::;,8i :. J : -:_:'Eo �.i..... r.l_ i ..t Lr THE C71NEm. OF RECORD OR IS &EC'Cu0 AND Q.0 Oi: T:-.E Cti is Ei2'S CEi!iiitC TE OF TITLE. - BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �It 1 0{ 'Sale tt, J15a56ttL 6ZtjS E r E t V E D 'p si Poxrbof tAppral 081 OCT 19 P4 :21 S J Y JJO1NINf�� DECISION ON THE PETITION OF EDWARD MORGANI CITY CLEPK'S OFFICE REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM H A.SS A hearing on this Petition was held on October 14, 1981 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte, Feeherry and Associate Member Lusinski. Notices of the hearing were 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. The Petitioner has requested a variance for Lots 46-52 Greenlawn Avenue to combine the existing seven lots and then divide them into four new lots. A variance is required because the lots to be created as shown on the plans submitted to the Board will all be non-conforming. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The lots in the surrounding area are similar in size to those which petitioner wishes to create. 2. No substantive opposition was raised to petitioner's plan by neighbors. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: 1. The property in question is unique because of its peculiar configur- ation and because of the ledge at the site and the manner in which the property slopes up from Greenlawn Avenue. In addition, the present configuration of the lots imposes a hardship on the petitioner by restricting his development of these lots in a manner which is consistent with the surrounding area. 2. The conditions described. above especially affect the land in question but do not generally affect the zoning district in which the land is located. 3. The conditions described above which affect the land in question, but not the zoning district generally cause special financial hardship to the Petitioner. 4. The desired variance may be granted without substantial detriment to the public good. ' f DECISION - OCTOBER 14, 1981 - EDWARD MORGANI - PAGE TWO '81 OCT 19 P 4 :21 Therefore, the Board of Zoning Appeals unanimously voted ij favo>;�,,,\ of approving the grant of the requested relief. The Boar n' urFICE a variance to the Petitioner on the following terms and con d e, fs;MP.SS 1. Petitioner may combine Lots 46-52 Greenlawn Avenue into four single family house lots as shown on the plan submitted to the Board. 2. This variance is conditioned upon the approval of the petitioner's plan by the Planning Board and any conditions imposed upon petitioner by the Planning Board"I- be incorporated into this decision. 3. Petitioner shall submit all plans to the City Engineer who may then review these plans to determine whether they adequately deal with drainage at the site. The City Engineer shall, in his sole discretion, modify such plans as they relate to drainage if he deems that to be necessary. Anth�ony�M. eeherry APPEAL Fr,---'. ,'u GERNAI L!; C SS. _L : EU Cb;S ;rta OF THIS [ L 1 Gi HE ^ _ - ^� -^TE Cr 'iLC:G FDorn.l7 Iv -' ^ rEiF THE Cf / �. GRANTED k il-0 S .:ACL r 1117 'n � � - � il' T r ^,1': E i .:n - .L�, Ci :I A Z ;1:1T FICATiO;J CF t HE Clif CUP"" i ,r s'D DAYS f' r .L i.:i'J r .r Y... OR THAT, IF SUCH Aii APPEAL ;� Fc i .c 7! 1 li 1 "c� p RECORDED IL i :c' S_JTH E c. OF UW;' OR IS R3Clri nr Or DEE S !J„ C,�L o cE;; ?,c �w. "ORDW A;,'&) MTED 08 THE OdiCER'S CERTIFIDkTE OF TITLE. �} fr'E GL'lGER MA90 OF APPEAL A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK AVE. SPRINGSIDE s 90-9 1060 'v . 121 �pSEM n 1�1 20 0 ..Z.9000 +� 0 1�$ 1949 `9os 122- V 0 _ \\eI .. 8,84 6400 \\\ 5890 \o9 8 a 59jQ1�i `' /101 O 4 g3 ., ' SEN w�-- ----... � • ,, 000 o ao Vs ASA 921360 a G�.OJ • ;8991 11910 92 Oo — In9j3 501 051 \03 j0I, ,S tb�•s w � IoO 2 jot 381 zIP. . 90 1 r . J e 'g6 s Q 09 O \16 Pc / 95 6419 � y�P I,5g5 6A 6 3 ,�9 PO atpe I• 0 t I ,I0 1 e oo s e /JJ\6 90 i°° O9 Aoao ' A �O 29 ' •'• �� { al t .p, '5N $° 80901 S.F. 'Alf - 0.19 Ac. r tp I'D 2 a�5 - 8366 S.F. 0.19 Ac. OR m X595 j 3 16 ya• 8644 S.F. 0.20 Ac. P 87184 6"O S.F. 0.20 Ac. 3z. I 91,7-e; It i (fitt7 ofttlPm, rttssttt��us:: 'Boar3 of �Asr real 117 DECISION ON THE PETITION OF CHARLES BRETT, TRUSTEE FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE (R-1) A hearing on this petition was held May 17, 1989 with the following Board Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; John Nutting, Secretary, and Associate Member LaBrecque. 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, Trustee of the Brett Family Realty Trust, owners of the property, is requesting variances to combine seven (7) lots into four (4) lots in this R-1 zone. The Variances which have been requested may be granted upon a findino 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 purpose of the ordinance. The Board of Appeal , after careful consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . The lots in question have always been vacant. 2. The lots in the immediate area of the proposed plan all contain more square footage than the proposed lots. 3. The proposed lots would not be in harmony with the surrounding area. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property and not the district generally. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. Desirable relief can not be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. a�PP�f t, I� OZ 14 DECISION ON THE PETITION OF CHARLES BRETT, TR. FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE, SALEM page two Therefore, the Zoning Board of Appeal voted three (3) in favor, one (1 ) opposed (Mr. Nutting) to the granting of the variances requested. The request is denied due to the failure of the petitioner to obtain the required four (4) affirmative votes. DENIED Achard A. Bencal , Vice Chairman 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Lays, Chapter 808, Section 11, the Variance or Special Permit granted herein, shall not take effect until a copy of the decision bearing the Certi- fication of the City Clerk that 20 days have elapsed and not appeal has been filed, or that, if such an 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 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK V r ylfl v uw p� 0 0 co \ b IOS-S 110 a+ c9 s' Mgr - los -- ' _ u -4,04 0-6 109, uo-s c / uo- CAO oo` v a s t$ ✓ ° p 9 V ❑ u, to sZ m IV / It O O u C. 11-6 4A \ v � • O V y a6o c \ .` (J fir,► 'o� r,F 9 c N } r, '4 ,�\ (9ity of -jttlem, � assar4untfs- k� 'Boarb of .Au}rettl ,. DECISION ON THE PETITION OF CHARLES BRETT, TRUSTEE FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE (R-1) A hearing on this petition was held May 17, 1989 with the following Board Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; John Nutting, Secretary, and Associate Member LaBrecque. 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, Trustee of the Brett Family Realty Trust, owners of the property, is requesting variances to combine seven (7) lots into four (4) lots in this R-1 zone. 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 purpose of the ordinance. The Board of Appeal , after careful consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . The lots in question have always been vacant. 2. The lots in the immediate area of the proposed plan all contain more square footage than the proposed lots. 3. The proposed lots would not be in harmony with the surrounding area. On the basis of the above findings of fact, and on the evidence presented. the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property and not the district generally. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. Desirable relief can not be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 50 OZ III DECISION ON THE PETITION OF CHARLES BRETT, TR. FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE. SALEM page two Therefore, the Zoning Board of Appeal voted three (3) in favor, one (1 ) opposed (Mr. Nutting) to the granting of the variances requested. The request is denied due to the failure of the petitioner to obtain the required four (4) affirmative votes. DENIED Achard A. Bencal , Vice Chairman 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws Chapter 808 Section 11 th ap o e Variance a lance or Special Permit granted herein, shall not take effect until a copy of the decision bearing the Certi- fication of the City Clerk that 20 days have elapsed and not appeal has been filed, or that, if such an appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the nave of the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 1 ' Ctu of ttlem, ttssttt�juse##s Pearb of Appeal May 30, 1989 Notice is hereby given that as of May 26, 1989 the decision of the Board of Appeal has been filed in the office of the City Clerk to deny the petition of Charles Brett, Trustee for Variances to divide 46-52 Greenlawn Avenue into four lots. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision, if any, shall be made pursurant to Section 17 of the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variances or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certi- fication of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such an 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 f1lit>� of ,$alrm, C4fttssar4unIfs 1. �Buttra of (�u ettl .:.c. DECISION ON THE PETITION OF CHARLES BRETT, TRUSTEE FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE (R-1) A hearing on this petition was held May 17, 1989 with the following Board Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; John Nutting, Secretary, and Associate Member LaBrecque. 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, Trustee of the Brett Family Realty Trust, owners of the property, is requesting variances to combine seven (7) lots into four (4) lots in this R-1 zone. 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 purpose of the ordinance. The Board of Appeal , after careful consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . The lots in question have always been vacant. 2. The lots in the immediate area of the proposed plan all contain more square footage than the proposed lots. 3. The proposed lots would not be in harmony with the surrounding area. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property and not the district generally. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. Desirable relief can not be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. �0 5Z Ido DECISION ON THE PETITION OF CHARLES BRETT, TR. FOR VARIANCES AT LOTS 46-52 GREENLAWN AVENUE, SALEM page two Therefore, the Zoning Board of Appeal voted three (3) in favor, one (1 ) opposed (Mr. Nutting) to the granting of the variances requested. The request is denied due to the failure of the petitioner to obtain the required four (4) affirmative votes. DENIED Tchard A. Bencal , Vice Chairman 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit granted herein, shall not take effect until a copy of the decision bearing the Certi- fication of the City Clerk that 20 days have elapsed and not appeal has been filed, or that, if such an 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 Omer of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ---- ------------ - CITY OF SALEM t BOARD OF APPEAL -`! c 745-9595 Eat. 381 Will hold a public hearing ibr all persons inter- ;ted in the petition submitted by Charles Brett j Tr. for Variances to combine seven (7) lots into i said hehearing to be held Wednesday,May 17) lots at Lots 46-52 Greenlawn Ave. , 1989 at 7:00 P.M., One Salem Green, 2nd floor. i JAMES M. FLEMING, Chairman - May 3,.10, 1989 r '-— --- .. F SALEM. - - BOARD OF APPEAL _ 745-9595 Eat. 381 Will hold a public hearing for all persons inter-, ested in the petition submitted by Charles Brett Tr. for Variances to comlaw, Ave bine seven (7) lots into four (4) loat Lots 46-52 Green Said hearing to be held Wednesday May 17(1989 7:00 P.M., One Salem Green at , 2nd Fl i JAMES M. FLEMING, Charman May 3,10, 1989 CITY OF SALEM BOARD OF APPEAL - 745-9595 EAtf6 Ball persons inter- ng Charles Brett Will bold a public submitted by q lots into esled in the Pe at Lots 46.52 Greenlawn Ave7 1989 _ Tr. for Variances to combine seven four (4) lots . held d 2nd floor. . at id hearing O�to eSMe WGFLEMINGaChairman .JAMES M- - - I May 3, 10, 1989 _ -- -- — APPEAL CASE NO. . . . . . .'. . . . . . . . . . . . . . . . . Ctv of "ittfew, 'Mttssadjusetts TO THE BOARD OF APPEALS: The Undersigned represent that he is ane the owner, of a certain parcel of land located at . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Lkrzet4 Zoning District.x.I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(S)VIII B-3,VIA. . . . of the Massachusetts State Building Code. and/or Salem Zoning Ordinance. 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 N U) N J 4 Q Ti C. r 7 w C U R C) O c�i r ct 0 r 1 U ca 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: Please see Continuation Sheet attached hereto. CHARLES BRETT, TRUSTEE OF THE Owner. . BP.E.T.T. F.AMjJX .0 iv4 .'> Q-9T . . . . . . . . . . . Address.139„jjojten Street,, , ,rA„QJQ., 3 Telephone. .(soQ). . . . . . . . . . . . . . . . . . . . Petitioner. . . . , Same . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. TebruarY. .21 .k9s9. . . . . TPthe . . . pp B ��;// . . . . . . . . . . . . JOHN . �!'I Three copies of the application must be filed wcretary 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.................................... PETITION TO BOARD OF APPEALS LOCATION ................................................................ PETITIONER.......................................... ADDRESS............................................... ................................................ CONDITIONS ........................... ..................................... ........................ ....................................... ................................................................ ................................................................. ................................................................. ................................................................. ,,PETITION APPROVED.................... ❑ DENIED......................... .................................................... 19......... E F'Y m Continuation Sheet The Petitioner has purchased the seven small vacant lots shown as Lots 46, 47 , 48, 49, 50, 51 , and 52 on a plan dated October , 1925, recorded In Plan Book 55, Plan 17, a copy of which is attached hereto, and Intends to combine them Into four larger lots, Lots 1-4 as shown on the new plan filed herewith being dated January 28, 1989. All lots would be used as single-family house lots . Petitioner 's proposed combination would create lots with 94 . 26 feet of frontage, each with an average area of about 8, 500 square feet . Because of the size and shape of Petitioner ' s parcel , a condition especially affecting his land but not generally affecting other lands In the same district , Petitioner ' s proposed combination would create lots of less than 15,000 square feet . Petitioner notes that the parcel of land Involved Is part of an old subdivision where the great majority of existing dwelling lots are in the 5 , 000 to 7,000 square foot range, well under the size of Petitioner ' s proposed lots. These existing lots containing mostly single-family houses . The Petitioner ' s plan would result in single-family homes on four lots substantially larger than most lots existing in the area . Therefore, Petitioner ' s proposed four lots would not substantially derogate from the Intent and purpose of the zoning ordinance or otherwise be detrimental to the public good . To Implement his plans and avoid the necessary hardship, which literal enforcement of the zoning ordinance would create, Petitioner seeks a variance of the zoning ordinance from section Vlll 8 . 3 as to division of land and from section VI A as to lot area . Petitioner refers the Board to two (2) prior variances granted by It for this property. Copies of those variances are attached hereto and Incorporated herein by reference. Due to the non-exercise of the rights authorized by those variances within one year of their granting, those rights have lapsed . Petitioner respectfully suggests that because the current configuration of these lots and the conditions affecting these lots have not changed since the granting of the prior variances, approval of new variances would be consistent with the Board ' s previous decisions . QjjjV of �$ttlPm, gazoarIjUg ettOR E r EN E n : g t puttrb. of �ppett1 '81 OCT 19 P4 :21 �J Y. DECISION ON THE PETITION OF EDWARD MORGANI CITY CLERY%'S OFFICE REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM HASS A hearing on this Petition was held on October 14, 1981 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte, Feeherry and Associate Member Lusinski. Notices of the hearing were 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. The Petitioner has requested a variance for Lots 46-52 Greenlawn Avenue to combine the existing seven lots and then divide them into four new lots. A variance is required because the lots to be created as shown on the plans submitted to the Board will all be non-conforming. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The lots in the surrounding area are similar in size to those which petitioner wishes to create. 2. No substantive opposition was raised to petitioner's plan by neighbors. On the basis of the above findings of fact, and the evidence presented- at the public hearing, the Board of Appeals concludes as follows: 1. The property in question is unique because of its peculiar configur- ation and because of the ledge at the site and the manner in which the property slopes up from Greenlawn Avenue. In addition, the present configuration of the lots imposes a hardship on the petitioner by restricting his development of these lots in a manner which is consistent with the surrounding area. 2. The conditions described above especially affect the land in question but do not generally affect the zoning district in which the land is located. 3. The conditions described above which affect the land in question, but not the zoning district generally cause special financial hardship to the Petitioner. 4. The desired variance may be granted without substantial detriment to the public good. DECISION - OCTOBER 14, 1981 - EDWARD MORGANI - PAGE TWO '81 OCT 19 P 4 :21 Therefore, the Board of Zoning Appeals unanimously voted it} favor ,_ of approving the grant of the requested relief. The Boar z- u-FICE ne, a variance to the Petitioner on the following terms and cor 1's':MASS 1. Petitioner may combine Lots 46-52 Greenlawn Avenue into four single family house lots as shown on the plan submitted to the Board. 2. This variance is conditioned upon the approval of the petitioner's plan by the Planning Board and any conditions imposed upon petitioner by the Planning Board glYsll:.be incorporated into this decision. 3. Petitioner shall submit all plans to the City Engineer who may then review these plans to determine whether they adequately deal with drainage at the site. The City Engineer shall, in his sole discretion, modify such plans as they relate to drainage if he deems that to be necessary. Antho4Mee4herrly APPEAL FR;':' T'u1 GEHEU LF-i C L t 1 :A:.T TO SC.T',.,' t '_F 9S "F 3S. OF THIS CCLIC.i:7 lir TI IE; ..:.y ...'..L• :U C6�S ;.F:"E.l T ^—r r Ci: JF Tr;E CiiY -('• .•• -^'- C; FILI::1 PU.°,ANT TO GRANTED 7; tl l S;:ALL ' II � i 11, 7 r ?.;IT FICATi0:1 Cf i ` the CLEF i ,i. 'O DAYS OR THAT, IF Sf' ;rr , i -. JCH Aii A;PE4t ,i...; FE67 ' r r -:'. F. _ , .. RECTi=j C: Ti.E S_J'H ESSEX R_GISTRi OF OCE S I!�C I S OF FEADRL CG l: RiIORIIFA AMI MTEJ 011 THE OiYNER'S CERTIFICATE OF TITLE. F 1r:E G47GER B9AldQ OF APPPAL A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK '4 ('FIV 1 (1Zi# of Salem, ansa jzseq, a r 23ottrb of appeal '82 MAR 17 A10 :49 DECISION ON THE PETITION OF EDWARD MORGANI CITY CLERK'S OFFICE REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM JA +�s A hearing on this Petition was held on March 10, 1982 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, LaBrecque, Piemonte and Feeherry. Notices of the hearing were 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. This property is currently the subject of a prior variance dated October 14, 1981. However, the Petitioner has requested a new variance for Lots 46-52 Greenlawn Avenue to divide the property into four lots as shown on the plan dated December 31, 1981, Submitted to the Board. A variance is requird because the lots 'to be created as shown on the plan submitted to the Board will all be non-conforming. The Board of Appeal, after consideration of the evidence presented at the . public hearing and after viewing the property makes the following findings of fact: 1. The lots in the surrounding area are similar in size to those which Petitioner wishes to create. 2. No substantive opposition was raised to petitioner's plan by neighbors. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1. The property in question is unique because of its peculiar configuration and because of the ledge at the site and the manner in which the property slopes up from Greenlawn Avenue. In addition, the present configuration of the lots imposes a hardship on the petitioner by restricting his development of these lots in a manner which is consistent with the sur- rounding area. 2. The conditions described above especially affect the land in _ question but do not generally affect the zoning district in which the land is located. 3. The conditions described above which affect the land in question, but not the zoning district generally cause special financial hardship to the Petitioner. f l ' •, [[fi�r nt;`:r'i DECISION - March 10, 1982 - EDWARD MORGANI Page 2 '82 MAR 17 A10 :49 4. The desired variance may be grantedwithout stantial detriment to the public good. �p1�Y CL:�" ',�'! SCE SA.W.', Therefore, the Board of Zoning Appeal voted 4-1 in favor of approving the grant of the requested relief (Mr. 'Piemonte voted "present"). The Board grants a variance to the Petitioner on the following terms and conditions. . 1. Petitioner may combine Lots 46-52 Greenlawn Avenue into four single family lots as shown on the plan submitted to the Board. 2. This variance is conditioned upon the approval of the Petitioner's plan by the Planning Board and any conditions imposed upon Petitioner by the Planning Board shall be incorporated into this decision. 3. Petitioner shall submit all plans to the City Engineer who may then review these plans to determine whether they adequately deal with drainage at the site. The City Engineer shall, in his sole discretion, modify such plans as they relate to drainage if he deems that to be necessary. nthony M. Fee# r APPEAL FRIT.1 TF;... G;_. . ..... ...... :.`:. L .'AY_ PO .'A:.: TO it 17 CF T;i_ LIAM GFGE.",AL L:. G9;.r(._. ... .. .... .... '� ......'.'i b: DAYS '. T--R—ME aAIE OF FILCiu CF Th.o DEM'r': I:: 1i(k . 'ii'i Clii— - Ci:?: .ED OR Tii6T. iF S.r... .,.. ,:f 7i^.. iil:S t.:.. ,.._. .. Y'.. ... . ':Y.'d C. L_i:;_- 13 RECD?O.0 1?v TFiE .,_:Sii EoSe.. ,.. 'iil? ; 'E iii THE 07"NET - - OF RECORD OR Is SE;:2f:cnO C: J wTr0 0;: T:-.: C::i._i2'S CEi:i iilC TE OF TIiLE. BOARD OF APPEAL - A COPY 0£ THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Continuation Sheet The Petitioner has purchased the seven small vacant lots shown as Lots 46 , 47 , 48, 49, 50, 51 , and 52 on a plan dated October , 1925, recorded In Pian Book 55, Plan 17, a copy of which is attached hereto, and Intends to combine them Into four larger lots, Lots 1-4 as shown on the new plan filed herewith being dated January 28, 1989. All lots would be used as single-family house lots . Petitioner ' s proposed combination would create lots with 94 .26 feet of frontage, each with an average area of about 8 , 500 square feet . Because of the size and shape of Petitioner ' s parcel , a condition especially affecting his land but not generally affecting other lands In the same district , Petitioner ' s proposed combination would create lots of less than 15,000 square feet . Petitioner notes that the parcel of land Involved Is part of an old subdivision where the great majority of existing dwelling lots are in the 5,000 to 7,000 square foot range, well under the size of .Petitioner ' s proposed lots . These existing lots containing mostly single-family houses . The Petitioner ' s plan would result In single-family homes on four lots substantially larger than most lots existing In the area . Therefore, Petitioner 's proposed four lots would not substantially derogate from the Intent and purpose of the zoning ordinance or otherwise be detrimental to the public good . To Implement his plans and avoid the necessary hardship, which literal enforcement of the zoning ordinance would create, Petitioner seeks a variance of the zoning ordinance from section Vill B.3 as to division of land and from section VI A as to lot area . Petitioner refers the Board to two (2) prior variances granted by. It for this property. Copies of those variances are attached hereto and Incorporated herein by reference . Due to the non-exercise of the rights authorized by those variances within one year of their granting, those rights have lapsed . Petitioner respectfully suggests that because the current configuration of these lots and the conditions affecting these lots have not changed since the granting of the prior variances, approval of new variances would be consistent with the Board ' s previous decisions . I G W pySH g0�6 NIF 1 8090 S.F. 0.19 Ac. r. 8��5 8366 S.F.. 9a y6 0.19 Ac, rn rn 3 20 Ac. ih ' 0 I� P 4 8718 S.F. 0.20 Ac. 6N y8 a gr..26 i Bx.-�ARD OF 0:7 T�' HALL PAGE. SALEM, MA 01?70 DATE . Of/04 /39 CERTIFIED ABUTTERS LIST SUBJECT PROPERTY: MAP., 08 LOT: 0111 SUFF. MAP: 08 LOT: 0154 MAP: '08 LOT: 0153 PROPERTY ADDRESS: 0013 GREENLAWN AVENUE 0011 GREENLAWN AVENUE 0015 GREENLAWN AVENUE TV T =T ----------- BRETT CHARLES TR 61 MAP 10T SUEE EROPEPTY D ADRESS-- ASSESSED—OWMER MA IIING ADDRET.S 17 SMITH JOHN C 9 GREENLAWN AVE 08 0103 0009 GREENLAWN AVENUE Fo�-'PRa A RA? Fm m6 n 9�7n - 18 CLOVERDALE AVE 06 0114 0018 CLOVERDALE AVENUE WALSH GEORGIA J SALEM MA 01970 1� -- - AVENUE ni i I-1'1^ CLWIERLSIE 6vEN' --- -----------TwIrMIAN't- ANNE SALEM MA 01970 08 0116 0008 VERONA STREET MENEADES CHARLES J 6 VERONA ST !Is ROMILDA V 1` L8 JOSEPH A 157 HIGH STREET 17: 08 0120 201 0234 HIGHLAND AVENUE IRENE 6 TOPSFIELD NA 01553 �k.l ANQ JOSEPH a — Q8 0152 0020 CLOVERDALE AVENUE SALEM NA 01970 pq 14 GLENN AVENUE 27 12c -18 0101 0014 GLENN AVENUE PHEASANT HILL REALTY TRUST L : !211 SWINIULH RICHARD E TR SALEM MA01970 - z 12208 0162 0010 GLENN AVENUE BRETT FAMILY REALTY TRUST 139 HOLTEN ST '23, BRETT CHARLES TR DANVERS MA 01923 3a as as .38 As 029 1311 42 133 134 .4c 35 147r CORRECTION-OF LIST SENT OUT -00 z E RETER '09 V-11 CA i, Xd— CHIEF ASSESSOR AVE. �/ \ gpRINGSIOE V ,G -8 ro 'o . 121 e� 00 ; 19000 o �5 1943 `gds 122- A, 4 - 6440" \\\ 5890 �� \09 6 69j0 101 16106 0`L6626 000 = o pC e y 0 `+ `so' 09 gs \5135 4y.s q2 9 II� 7 5o g° e 6g9 J o 910 v 92 O2 109" 105, \03 .10 110 913 s6 ; OCNV S. � e ' 361 gOVVV e e° r e F 2 s O2+339 9 5 64 9 1lPy \\9y0 0 \36 Del o`m r 'WJ N90 <+ 69 ie° oe° �O AQ g o i �Oi9 �.' ---------- BOARD OF' ASSESSORS • CITY HALL PAGE: MA 0*1970 • DATE 05/02/89 CERTIFIED ABUTTERS LIST 3 ............ 3 .. ........ . ...... ASS Z' 4 A V,EN LEE ]3 ." ...... ESSED, NER BRE5TT CHARLES TR 6 495 , #0 6 MAP LOT SUFF PROPERTY ADDRESS ASSESSED OWNER, --MAILING ADDRESS 8 7 ...... ... ........... ...... GREENIAWN,' MENUE 10 <2 12 13 10 08 0-1-14 0016 CLOVERDALE AVENUE WALSH GEORGIA J Is CLOVERD-Al V AVE13 oil SALE ,19 II MA 070 :51 12 nA nqqE� nF1 I 1-1 (-)VFRDAf F OVFNUE R�')MANO ANNF 12, Q C)VERDAI E AVFMJF-, ............ 6 'SA -6 17 13 W -IT -1A, ........... ........ 180 MT E 'S ....... 19 09. 4 " ,pp V R �E ......... . .........."CA 20 5 1 -,, + 6�"F,,f-f .....v%. ...... -114TPTIA ,1,, ,", 16 08 01*-20 201 0234 HIGHLAND AVENUE FINOCCHIO JOSEPH A 1157 HIGH STREET 21 22 4117 .1 RENE P. 7OPSFIELD MA 0195-5 230 0152 0020 CLOVERDALE AVENUE ROMANY JOSEPH 1) 20 C.LC)VCRC,')AL,E A VE N QF'-✓ 24 260 25 N ...... 27 0d 053 001 G RE E WN'%%'AVENUE,,4x ...... 1�17 91-f LT'F, ...... DAN HE,U 1; 28 2 CHARLES,-I K,.,, 22 08 0154 0011 GREENLAWN AVENUE BRETT FAMILY REALTY TRUST 139 HOLTEN ST 29 300 023 E.RETT CHARLES TR DANVERS NA 0192 31 24 32 ...... 25 .... ... 33 ..........340 ..... ... •2 .. 35 21 .......... 28 37 029 3 390 30 40 41 42• ",.......... ...... 32 33 34 45 460.35 47 36 48 37 ....... '� ...... 49 ...... 50 0 38 ..... ......%, 3. 40 53 0 041 54 5 Z. 42 56 43 E7 "',......... 5 0 ...... 44 8 45 ..... 61 46 62 0 047 53 48 54 49 65 ...... . .......... .. . ... 66 05. .7• 68 52 PETER Ff. CARON 69 70 053 CHIEF ASSESSOR 71 54 72 ........ 55, 73 ......... 1.74 �56 ............. .71 71 t a de' 0` a - . -- -, The Variance which has been een may requested q y 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 f lands, buildings or structures in the same district; i • b. literal enforcement of the provisions of the zoning Ordinance would involve ih - 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented and — w after viewing the plans, makes the following findings of fact: PL gi- a - � r On the basis of the above finding of fact, and on the evidence presen�ea; the Board of Appeal concludes as follows. i 1 . Special conditions do not exist which especially affect the subject property and not1 the district generally• -_ - �_. 2. Literal enforcement of the provision of would not involve substantial substantial hardship to the petitioner; 3. Desirable relief can not be granted without substantial detriment to A to the public good or without substantially derogating from the intent of-the district of the purpose of the ordinance. /10� ' ! 1 I ' � , I ( � � , � � I �. j j � � � � � F � � ! � � i � � � � ; � i 1 I � 1 ' � � I � � ' ' I I A `v t i � f � � � ' ' I � 9 ,� t � t � I � � I I i � � � I I I � i I i I i � � -�I � i i I 1 � � � � � � �� i � i , � � j � ' ' i I i � � 1 ' � �' � I j I , � � i l `f{Fri. •�5 8090 S.F. $p. 0.19 Ac. lb �h 2 ap. 8366 S.F. 0.19 Ac. , Eip�PNp � ��,6 •_ SIF ��g 3 $644 S.F. P 0.20 Ac. �\v 6\' 4 8718 S.F. 0.20 Ac. 5$ o ' SM��N NIF s 9� P LAN 0 F LAN D IN 1 - SALEM MA . , 1 � 1w of nPREPARED BY: CERALD eC14034 IQ P.J.F. & ASSOCIATES ��p 11 GLEASON ST MEDFORD MA. - 0 10 .20 40 0 GERALD GUERRINI R.L.S. DATE: DATE: 1\28\89 FILE NO.: 89-02 Y A - i v\ 1 �5 8090 S.F. \ $�• 0.19 Ac. CO 1� 2 ZOO• 8366 S.F. 0.19 Ac. � ink• �PNID CO 3 �1 8644 S.F. P 0.20 Ac. 6�' 4 t 8718 S.F. , 0.20 Ac. o NIF SM\�N � Ilk ,. 6 PLAN OF LAND 1ti IN I , s SALEM MAG tet" OF p� PREPARED BY: 0. - 3 GERALD ` AGUfRRINI P.J.F. & . ASSOCIATES of ' 11 GLEASON ST MEDFORD MA. 0 10 . 20 40 scams: 1"= 20' # 0 GERALD GUERRINI R.L.S. DATE: DATE: 1\28\89 FILE NO.: 89-02 h E . t i k , , c r aIF f � � Ilk t • 1 �5 8090 S.F. \ $� 0.19 Ac. 6 1� 2 8366 S.F. 0.19 Ac. - 8644 S.F. P 0.20 Ac. 6 �:J 4 8718 S.F. ' 0.20 Ac. 5� NI ` PLAN OF LAN D ' IN SALEM MA . �%N of r� PREPARED BY: o. a- _ GERALD a GUERRINI P.J.F. & ASSOCIATES 034 c,, �n ' 11 GLEASON ST. MEDFORD MA. SCALE. 1'= 20 } 0 GERALD GUERRINI R.L.S. DATE: DATE: 1\28\89 FILE NO.: 89-02 — c 1 / "r6,. I 1 .�5 8090 S.F. \ gyp. 0.19 Ac. sr �5 2 top. 8366 S.F. 0.19 Ac. Rp�PNp g� gk'16 8644 S.F. P ' 0.20 Ac. �\ o _ 6 4 6, 8718 S.F. 0.20 Ac. 0 iM NIF f ' 6 4 PLAN OF LAN b j IN SALEM MA . " °' ,,� PREPARED BY: 0. GERALD . �°ERRINI P.J.F. & ASSOCIATES 14034 ^! � 11 GLEASON ST MEDFORD MA. ' 0 10 20 40 0 GERALD GUERRINI R.L.S. DATE: DATE: 1\28\89 FILE NO.: 89-02 f II � N 15 8090 S.F. 0.19 Ac. e, I NIF �6 �5 2 $° 8366 S.F. ' 0.19 Ac. OR P 6' 3 8644 S.F. P. I 0.20 Ac. P i . 0 �\ 4 61 ' 8718 S.F. 0.20 Ac. ' 0 NSF 1 r PLAN OF LAND IN SALEM MA . ha�tw OF r� PREPARED BY: a 'a GERALD �c14�4 I� P.J.F. & ASSOCIATES ��,�p 11 GLEASON ST MEDFORD MA. 0 10 . 20 40 SCALE: i-= 20' i� 0 GERALD GUERRINI R.L.S. DATE: DATE: 1\28\89 FILE NO.: 89-02