133 HIGHLAND AVENUE - ZBA X133 Highland AVe. RC
Helen Conway (Owner)
Essex County Rehab. Assoc. , Inc.
C�1,
F'etiti.,.-ners. arc reauesti.no a Spak
eci. l P!a..rrmcr
it i r. , cer to
/-/tea (�'��7 .
The of the 5alen Zoning ! ordinance whi i is
analis la.l. ? to. 1-n15 realest for a. Speri.ai Fermi. t i ;ecti. on
lisp, aani. rn -irovi.des -_is fol. l.ows:
rse ,:-ontrAr•.'
n t^.i. =_ lrci -iance, t.h boars cf appeal ^av ,
?.crrrdance wi.th the procedire and conclit-i ons sset
frrt.h in Section VIII-6 and 7X V. grant -QECi. al
Permits for alterations ano rer..ons'trur..l:ion of
nonconforming structures, and for changes ,
enlargement , extention or expansion of
nonconforming lots, land , structures, and uses,
provided . however , that such change, extension ,
enlargement or expansion m all not be substa:intially
more cetrimental than the existing r,onconform.tng use
to the neignborhood .
In more general terms, this Board is . when reviewi.nc.
Special Permit reau.e=_ts, guided by t. -!e rule that a
Special. Permit request 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 Board of Appeal , after consideration of the evidence
presented at the public hearing , makes the fallowing
findings of fact:
1576 y
h
a
.m•YsSF+.P.4St+s✓,� 4e1 ;93 � " >r:trs�E�ws� las��i�
DECISION ON THE PETITION OF
FOR A VARIANCE fff'aw-f'4", /a
A HEARING ON THIS PETITION WAS HELD ON z '2`' /�/�L
WITH THE FOLLOWING BOARD MEMBERS PRESENT: RICHARD A. BENCAL .
CHAIRMAN ; EDWARD LUZINSKI . • FRANCIS X.
GREALISH. SECRETARY ; RICHARD FEBONIO ; AND
ASSOCIATE MEMBER AND RONALD PLANTE.
NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS . AND
NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN
ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A.
PETITIONER IS REQUESTING A VARIANCE FROM �f/�c(�(i
p'al /�„eaanGy��.�r-�
I NI N ORDER TO
IN THIS !CC ZONE.
THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A
FINDING BY THIS BOARD THAT:
1 . SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH
ESPECIALLY AFFECT THE LAND. BUILDING OR STRUCTURE
INVOLVED AND WHICH ARE NOT GENERALLY AFFECTING
OTHER LAND. BUILDINGS OR STRUCTURES IN THE DISTRICT:
2 . LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP. FINANCIAL
OR OTHERWISE TO THE PETITIONER;
3 . DESIRABLE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL
DETRIMENT TO THE PUBLIC GOOD AND WITHOUT NULLIFYING OR
SUBSTANTIALLY DEROGATING FROM THE INTENT OF THE DISTRICT
OR THE PURPOSE OF THE ORDINANCE.
ON THE BASIS OF THE ABOVE FINDINGS OF FACT AND ON THE
EVIDENCE PRESENTED AT THE HEARING . THE BOARD OF APPEAL
CONCLUDES AS FOLLOWS :
1 . SPECIAL CONDITIONS EXIST WHICH. ESPECIALLY AFFECT THE
SUBJECT PROPERTY BUT NOT THE DISTRICT IN GENERAL :
2 . LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP TO THE
PETITIONER :
3 . DESIRABLE RELIEF 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.
THEREFORE. THE ZONING BOARD OF APPEALS VOTED S v TO
THE VARIANCE REQUESTED SUBJECT TO THE FOLLOWING CONDITIONS :
ao
2 .
3 .
-6 Flu 47O tc
4 . Q � �/l LceGF�lLef/2 '✓as � ���/�/n �124i� /
A4 � ,�D
ON THE BASIS OF THE ABOVE FINDINGS OF FAC AND ON THE
EVIDENCE
PRESENTED AT THE HEARING . TH CARD OF APPEAL
CONCLUDES AS FOLLOWS :
1 . SPECIAL CONDITIONS EXIST H H ESPECIALLY AFF7eTHT E
SUBJECT ROPERTY BUT T THE ISTRICT IN GENERAL :
2 . LITERAL EN RC T OF THE PROV IONS/OFFTTHE ZONING
ORDINANCE W INVOLVE SUBSTANTI ARDSHIP TO THE
PETITIONER ;
3 . DESIRA E RELIE MAY BE GR ED WITHO SUBSTANTIAL
D ENT TO THE UBLIC OD AND WITHOU NULLIFYING
0 SUBSTANTIALLY D OG ING FROM THE INTE OF THE
ISTRICT OR THE PURP E OF THE ORDINANCE.
THEREFORE. THE ZO� NG BOARD APPEALS VOTED TO
THEVARIANCE R QUESTED SUBJECT 0 THE FOLLOWING GONDITIONS :
1 .
2 .
3 .
4 .
5 .
a
7 .
8.
9.
10 .
11 .
'GOARD OF ASSESSORS
CITY HALL PAGE.
• 2 DATE UF3i 2 .
3 ,� .. ...; ;. <: .< "CERT11fIE6 'ABUTT RS LIST
. 5 SUBJECT PROPERTY: NAP: 14 Luz 0209 SUFF. s .
6 PROPERTY ADDRESS. 0133 HIGHLAND AVF-NUE 7
-0 OWNER MART!N—ANNm e
9 ,2
10 PIAP-L-OT-SUFF PRePERfVASSESSES?-OWNER - MAT.L-ING-ADDRESS 13
1 ,4
• Iz 14 0209 0133 HIGHLAND AVENUE MARTIN ANNA 173 CENTER ST �/ 15�
, �LE
3 _ _...... C-/-19-GUNWAX-.•1 -—N GROVEL-ANF-NA-014634 . _... _..... _..n
. t4' 14 0208 0127 HIt:;F;L.AND AVENUE ONE "TWO NINE HIGI-IL.AND AVE. RLY TR 9 SALT WALL. LANE ✓ Is!
15 SURRA JANET L E BURSA FRANK TRS SALEM NA 01970 9 �
16 .. ,LF::F1-C3�FY--�(3F WATER--DF-..PT
17
22
18 '14 0214 0.141 HIGHLAND AVENUE ENMERTON DONALD S 141 HIGHLAND AVE �� 23� m
25
.Zo t 14 U 1 z 0077 W'I LLSON 6,TRE F T SALEM CI f Y' OF 26
SALEM NIGH' SCHOOL ✓ 27�
�A
21 —4)N —
FIAE.�.-F 3=F'ALLf_a/=LANE �� .28
. 29
33 JOANNE M GEORGETOWN MA 01933 30�
24
14 0216 '201 0126 HIGHLAND AVENUE ALEXANDER ROBERT P DMD 128 HIGSILAND AVENUE � 31
32
25 _ G`A —rt 33
26 + 14 0217`11 `U1 6 E{IGHI ANCt AVE,YUF C75IECliI EUGENE, J , 1'2S HIF;HL.AND 'AVE 34
OSICCKI JANE%27 E SALEM MA- 0.1970 35361.
28 37
.29 38•
39
30 40
31 _... 4,
.32 42
43
33 44
34 45
.35 46.
47
36 48
38 O.
39 ., .,
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40 53
41 549
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51 f is ,,.' ,.',. .
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52 69
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72
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ss 73
PETER M CARON 7a
•56 LHIEF" ASSESSOR x. '75•
1y, � 360
ro
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203
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6
SCHEDULE A
The undersigned Petitioner, Essex County Rehabilitation Associates,
Inc. , is the prospective purchaser of the subject property under a Purchase
and Sale Agreement dated August 5, 1992 . The Petitioner seeks to change the
use of the subject property to a physical therapy clinic, and to extend the
non-conforming structure on the lot, which is also non-conforming, to
accommodate the proposed change in use.
The subject property is located in the Residential Conservation (R-C)
and Entrance Corridor Overlay Districts. The Petitioner presently operates
a physical therapy clinic in close proximity to the subject property and
seeks to relocate said clinic to better accommodate the particular needs of
its clients. A Special Permit under Section 5. 3 (b) (20) is required to change
the existing single family residential use to a physical therapy clinic. The
proposed use is a special permit use because the subject property is located
within 1500 feet of Salem Hospital. Use of the property for a clinic is in
harmony with the purpose and intent of the Ordinance.
The Petitioner proposes to extend the 1751 square foot one and one-half
story building by constructing a 1020 square foot single story extension to
the rear. The Petitioner will remove the existing garage structure. The
subject property can accommodate the required parking without disturbing the
natural screening and existing landscaping.
A Special Permit is required under Sections 5-3 (j ) , 8-6 and 9-4 for
extension of a non-conforming structure on a non-conforming lot. In
addition, Variances under Section 9-5 are required from the 40 foot side yard
setback requirement as applied to the northwesterly side of the structure and
from the 100 foot rear yard requirement, both as provided in Section 6-4 .
The Petitioner wishes to continue the existing non-conforming 5 foot side
yard setback for an additional 30 feet, and wishes to decrease the existing
non-conforming 35 foot rear yard depth to 5 feet for the width of the
structure, which is 34 feet.
Due to the undersized depth of the property, which cannot accommodate
the applicable front and rear yard depths, there is no way to extend the size
of the building without increasing the existing non-conformity in some
respect. Because of the unique size and shape of this property within the
R-C District literal enforcement would involve substantial hardship to' the
petitioner and would deprive it of the fullest use of the land and buildings.
The proposal is designed to permit the most advantageous use of the lot
and will have the least impact on the residential neighbors. The relief
requested may be granted without substantial detriment to the public good and
without derogating from the intent of the District or purpose of the
Ordinance.
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- _ - _ --T- - --------
ARTICLE V USE REGULATIONS .
. District: Residential R-C -
. Special Permit Use: Private medical clinic
i
within 1 500 feet of Sala, Hospital
_ ARTICLE VI DENSITY REGULATIONS
-f(
Residential R-C District
1U - -
. _ requited provided variance
_..__ needed
I Minimum lot area 80 000 sf 11 401 sf N/C
Minimum lot area per duelling 80 000 s£ N/A N/A
Minimum lot width 200' 100' N/C
Maxamma lot no
Minimdepth of coverage
898
front yard 40
Minim= ' 42' M
. Minimum width of side yard 40' 5'/63' yes
Minim= depth of rear.yard 100' 5' yes
. Maximum height of buildings 35' 21' no
Maximum stories 2k 1� no
Maxim= height of fences 6' 4' no
- / - Distance between buildings 100' N/A N/A
ARTICLE VII SUPPLaIENfARY REGULATIONS
(rale I bL I Parking requirements for professional offices, medical and dental
clinics.
parking spaces
_._ . -
� Provided
One space for each professional 3 (3 professionals)
Ones space for each two other employees 2 (4
4 Pa a,P oyee a^Ployees)
1 i Two additional spaces for each professional 6
1bta1 parking spaces 11
Entrance corridor overlay district.
. - • I I provided
1{ 6 Fences 4' high, along rear lot line
..liv. • ' 1 ��f r,
Curb cut existing, 24' wide
Fiechanical equipment
4' �yy _ and refuse storage located within building
z
Signing areas 11 reonly
per
sign
. Signage as per sign review crnnuttee
.- Site plan review 1 020 sf new construction only
D z
.. - --- ARTICLE VIII NONCONFORMITY
issues
I
C'{3ci / r- o I I Nonconforming lot lot area and lot width
;�.h`%D(j'10N r , I Nonconforming structure side and rear set backs
o
rTF v --5 l0 2• - -sic - 40 -
- -
,, -fro
Fq�TH OF - ----
x
-- /'� - Rainer^Koch ArchifeCLS Inc. — --
�v -- -
I CJ �{/ �[�.. _. . _ _�Cl/�F"t __..�___ _ DI Essex Ra,J 4mvx1: Ma 01'130
SERAFINI ERAFINI AND DARLING
S
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTSO1970
JOHN R. SERAFINI, SR, TELEPHONE
JOHN R. 5ERAFINI,JR. 508 744-0212
JOHN E. DARLING 617-5812743
ELLEN M. WINKLER TELECOPIER
JOSEPH C. CORRENTI
508-7414683
August 6, 1992
Zoning Board of Appeals
One Salem Green
Salem, MA 01970
Re: 133 Highland Avenue
Dear Brenda:
Enclosed for filing please find the following:
1. 5 copies of the Petition with Schedule A attached;
2 . 5 copies of the Site Plan; and
3 . Checks to the Registry of Deeds for $10.00; City of Salem for
$2 .00; Board of Appeals for $75.00; and Salem Evening News for
$76.50.
1992 .Kindly prepare notice for hearing this matter on August 26,
Very truly yours,
Ellen M. Winkler
EMW:cag
Enclosures
APPEAL CASE NO. .. . . . . . . .. . . . . . . . . . . . . .
'QAC C2t J of Salem, fflttszac4usetts
b �
Pourb of �ppzal
TO THE BOARD OF APPEALS:
the pprospective purchaser under a Purchase and Sale Agreement
The Undersigned represent that he is/ are thexs of a certain parcel of land located
at NO.U.3,JUghl.aiuLA.venue. . . . . . . . . . . . . . . . .�bGeabs Zoning District R.-�. . .
. . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
�ffc�lec��a�d43 �&fcscxSc#cafcex�lt3�d3llgxfcBsdYx
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. �2
r <
rno CM
�rn
6uD
s �z
LU Q
r^ U V3
�lL
�p
a7: U
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, attached.
1
Owner. .AEO.ER Conway.. . . . . . . . . .. . . .. . . . . ...
173 Center Street
Address. . Groveland.,. MA . 01834, , , , , ,
Telephone. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . Essex County Rehabilitation
Associates, Inc.
Address. . 1,29. Highland Ayenuer Salem? MA
Date. . lwgusz. ba. IM.. . . . . Telephone. 281..5911 . . . . . . .
SERAFINI, SERAFINI and DARLING
By. , .. . . .. . . . . . . . .
744-0212
Three copies of the application must be filed with the Secretary of the Board of
,Appeals with a check, for advertising in the amount of. .. . . . . . . . . ... . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The undersigned Petitioner, Essex County Rehabilitation Associates,
Inc. , is the prospective purchaser of the subject property under a Purchase
and Sale Agreement dated August 5, 1992 . The Petitioner seeks to change the
use of the subject property to a physical therapy clinic, and to extend the
non-conforming structure on the lot, which is also non-conforming, to
accommodate the proposed change in use.
The subject property is located in the Residential Conservation (R-C)
and Entrance Corridor Overlay Districts. The Petitioner presently operates
a physical therapy clinic in close proximity to the subject property and
seeks to relocate said clinic to better accommodate the particular needs 'of
its clients. A Special Permit under Section 5. 3 (b) (20) is required to change
the existing single family residential use to a physical therapy clinic. The
proposed use is a special permit use because the subject property is located
within 1500 feet of Salem Hospital. Use of the property for a clinic is in
harmony with the purpose and intent of the Ordinance.
The Petitioner proposes to extend the 1751 square foot one and one-half
story building by constructing a 1020 square foot single story extension to
the rear. The Petitioner will remove the existing garage structure. The
subject property can accommodate the required parking without disturbing the
natural screening and existing landscaping.
A Special Permit is required under Sections 5-3 (j) , 8-6 and 9-4 for
extension of a non-conforming structure on a non-conforming lot. In
addition, Variances under Section 9-5 are required from the 40 foot side yard
setback requirement as applied to the northwesterly side of the structure and
from the 100 foot rear yard requirement, both as provided in Section 6-4 .
The Petitioner wishes to continue the existing non-conforming 5 foot side
yard setback for an additional 30 feet, and wishes to decrease the existing
non-conforming 35 foot rear yard depth to 5 feet for the width of the
structure, which is 34 feet.
Due to the undersized depth of the property, which cannot accommodate
the applicable front and rear yard depths, there is no way to extend the size
of the building without increasing the existing non-conformity in some
respect. Because of the unique size and shape of this property within the
R-C District literal enforcement would involve substantial hardship to the
petitioner and would deprive it of the fullest use of the land and buildings.
The proposal is designed to permit the most advantageous use of the lot
and will have the least impact on the residential neighbors. The relief
requested may be granted without substantial detriment to the public good and
without derogating from the intent of the District or purpose of the
Ordinance.
-- .
-"---—7-
ARTICLE V USE RDGf[ATIONS
I..
District: Residential R-C
. Special Permit Use: Private medical clinic
within 1 500 feet of Salem Hospital
1 ARTICLE VI DENSITY RBSUL4TIONS
- -- I1-C
Residential R-C District
�
J--�
L/ required provided variance
needed
Minimum7
Minimlot area 80 000 sf 11 401 sf n/C
Minimum lot area per dwelling 80 000 sf N/A N/5
Minimum lot width 200' 100' 1 /C
: - Maximum lot coverage 208 17.98 no -
_ Mieimm depth of front yard 40' 42' no
. Minimum width of side yard 40' 5'/63' yes
Minimum depth of rear yard 100' S' yes
.
Maxim height of buildings 35' 21' no
. Maximum stories 2h ly nw
Maximum height of fences 6' 4' no
Distance between buildings 100' N/A N/A
ARTICLE VII SUPPLV=ARY REG[RATIONS
1
LTJ 41 Parking requirements for professional offices, medical and dental
clinics.
parking spaces
provided
One space for each professional 3 (3 professionals)
_-51�7 / -- - � . one space for each two other employees 2 (9 employees)
Tv additional spaces for each professional 6-
1
% I Total parking spaces 11
51 Ihtrance corridor overlay district.
�� • _ 1 i provided
Fences 4' high, along rear lot line
existing, 24' wide
Mechanical equipment
(� °-t-' v - and refuse storage located within building
IN�'J - Signing areas 11 spaces only
—_�sE N-,—fir• _�— — . Signage as per sign review construction
on
. Site plan review 1 020 sf new construction only
• 7
1
I - '•..... _._ ARTICLE VIII NJNCONFOFMITY
Nonconforming lot lot area and lot width
Nonconforming structure side and rear at backs
I • j
I
..
-
) CF
i
J �
-- Rainer Koch ArchitectS Inc.
67( i CY'rj , _ _ F�JfC{/�J I"� �-'jL\ _ 24 Essex RamJ yxwich Ali 01730
:
r-
APPEAL CASE NO. . . . . . . . . . . .. . . .. . . . . . . .
(Ei#u of Salem, 'fflttssac4use##s
Mcu,mt-
TO THE BOARD OF APPEALS:
the prospective purchaser under a Purchase and Sale Agreement
The Undersigned represent that he is/ are thextawtems of a certain parcel of land located
at NO.L33 ighland A.vexwe. . . . . . . . . . . . . . . . .)5#�e@bS Zoning District R.-P. . .
. .. . . . . . . . . . ; andxsa�i�dxpaalx�i3mfeobedcyco4avcxr( �c . . . . . . . . . . . . . . .
�Sc �[3asora�xi��tg�&a&exH�et��d£ngxf oAs�
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
o�
rn
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Cu n
LD a m
L,
CL , :»ru c
Cn
r"- i-O n
)-
� 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:
see. Schedule, attached.
Owner. .IWen. Conway. . . . . . . . .. .. .. .. . . . . ...
173. Center Street
Address.. Groveland,,. MA , 01834. . , . . , . ,, ,
Telephone. .. . . . . . . . . . . . . . . . . . . . ... . . . . . . . .
Petitioner. Essex County Rehabilitation
Associates, Inc.
Address. . 129 HiAhland Avenue, Salem) MA
Date. . . vgust. D.. 1992. . . . . . Telephone.. 281-5911
. . . . . . . . . . . . . . . . . . .
S,ERAFINi, SERAFINI and DARLING
By. .. . . . . . . . . . . . . . . .
744-0212
Three copies of the application must be filed with the Secretary of the Board of
. ,Appeals with a check, for advertising in the .amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
+four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The undersigned Petitioner, Essex County Rehabilitation Associates,
Inc. , is the prospective purchaser of the subject property under a Purchase
and Sale Agreement dated August 5, 1992 . The Petitioner seeks to change the
use of the subject property to a physical therapy clinic, and to extend the
non-conforming structure on the lot, which is also non-conforming, to
accommodate the proposed change in use.
The subject property is located in the Residential Conservation (R-C)
and Entrance Corridor Overlay Districts. The Petitioner presently operates
a physical therapy clinic in close proximity to the subject property and
seeks to relocate said clinic to better accommodate the particular needs of
its clients. A Special Permit under Section 5. 3 (b) (20) is required to change
the existing single family residential use to a physical therapy clinic. The
proposed use is a special permit use because the subject property is located
within 1500 feet of Salem Hospital. Use of the property for a clinic is in
harmony with the purpose and intent of the Ordinance.
The Petitioner proposes to extend the 1751 square foot one and one-half
story building by constructing a 1020 square foot single story extension to
the rear. The Petitioner will remove the existing garage structure. The
subject property can accommodate the required parking without disturbing the
natural screening and existing landscaping.
A Special Permit is required under Sections 5-3 (j) , 8-6 and 9-4 for
extension of a non-conforming structure on a non-conforming lot. In
addition, Variances under Section 9-5 are required from the 40 foot side yard
setback requirement as applied to the northwesterly side of the structure and
from the 100 foot rear yard requirement, both as provided in Section 6-4.
The Petitioner wishes to continue the existing non-conforming 5 foot side
yard setback for an additional 30 feet, and wishes to decrease the existing
non-conforming 35 foot rear yard depth to 5 feet for the width of the
structure, which is 34 feet.
Due to the undersized depth of the property, which cannot accommodate
the applicable front and rear yard depths, there is no way to extend the size
of the building without increasing the existing non-conformity in some
respect. Because of the unique size and shape of this property within the
R-C District literal enforcement would involve substantial hardship to the
petitioner and would deprive it of the fullest use of the land and buildings.
The proposal is designed to permit the most advantageous use of the lot
and will have the least impact on the residential neighbors. The relief
requested may be granted without substantial detriment to the public good and
without derogating from the intent of the District or purpose of the
Ordinance.
- ARTICLE V USE RDdILATSQiS
District: Residential R-C
Special Permit Use: Private medical clinic
within 1 500 feet of Salem Hospital
_ ARTICLE VI DENSITY RDSUTATIONS
Residential R-C District
required provided variance
needed
. Minimmnm lot area 80 000 sf 11 401 sf N/C -
��t I Miaimm lot area per dwelling 80 000 sf N/A Nler�
Minim lot width 200' 100' N/C
Maximum lot coverage 208 17.98 no
i Minimum depth of front yard 40' 42' no
. Minimum width of side yard 40' 5'/63' yes
. Minimum depth of rear yard 100' 5' yes
. maximum height of buildings 35' 21' no
Maximum stories 2� A ro
Maximum height of fences 6' 4' W
Distance between buildings 100' N/A N/A
ARTICLE VZI SUPPIEDUNLARY REOIfATIONS
Parking requirements for professional offices, medical and dental
i i•rfi_' �_- I - clinics.
I
parking spaces 1
provided
One space for each professional 3 (3 professionals)
1 01, -�� -.__ ..-. --ham ^ . One space for each two other employees 2 (9 employees)
/ Too additional spaces for each professional 6
I
• �' Total parking spaces 11
Entrance corridor overlay district.
. • I .I j provided
X !pal t I Fences 4' high, along rear lot line
CurbIY`l • ' iN�= f�Vcut existing, 24'
mecb wide` _1 Mechanical storage t
and refuse storage located within building
Parking areas 11 peaces only
'"�u7.�?_ �""J- — 7 ctli�: 'O- I Signage as per sign review construction
on
—y _ . Site plan review 1 020 sf new construction only
1
....
( ': :":':.:. .> ARTICLE VIII N VCQNMRMITY
) I issues
Nonconforming lot lot area and lot width
i ::::4 IC:y I Nonconforming structure side and rear set backs
LIN
-- t Ra
( '( )ner Koch Architects Inc. — ••�� I `�
- - // j I16;,HI/ ''� �C�!'rj , ___ eA-Lt '�JM .. 21155ex Road ynwkh tiV 07933
APPEAL CASE NO. . . . . . . . . . . .. .. . . . . . . . . .
of �tlem, tt�stl�use#ts
k % , Aaarb of �ppeaf
TO THE BOARD OF APPEALS:
therospective purchaser under a Purchase and Sale Agreement
The Undersigned represent that he is/ are tiaEx of a certain parcel of land located
at NO.La3. Ri.gK. v" A.venue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Afteetr, Zoning DistrictR--�. . .
. . ... . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . .
�c�l�ec�E4+a�etc�xSc&3itexU�t��d�Rgx��d�c
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
N uj
A
ED
L-1 U7
GD F-
"� U
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: c,
see Schedule, attached, r K
rno pp
srn
�N
ND W
o m I-+
n 3 �
mD
y fV
Owner. . Helen Conway. . . .. . .
173. Center Street
Address. . Groveland; MA, 01834
Telephone. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . ..
Petitioner. . Essex County Rehabilitation
Associates, Inc.
Address. . 129, HiA%1ind Avenue, Salemr MA
Date. . Augusi. be. 1992. . . . . . Telephone.. 281.5911
.. . . . . . . . . . . . . . . . . . .
SERAFINI, SERAFINI and DARLING
. .. . . .. . . .. . . . . .
744-0212
Three copies of the application must be filed with the Secretary of the Board of
. ,lAppeals 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.
G
I CITY OF SALEM CITY OF SALEM
14 BOARD OF APPEAL BOARD OF APPEAL
745-9595,Ext. '381 795-9595 Ext. 381 7
Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter-
sted in the petition submitted by ESSEX sted in the petition submitted by ESSEX
'OUNTY REHABILITATION ASSOCIATES for 'OUNTY REHABILITATION ASSOCIATES for
pecial Permit and Variance to convert single fua- a' pecial Permit and Variance to convert single fam- i
y to a physical therapy clinic and W construct y to a physical therapy clinic and to construct
a addition at 133 HIGHLAND AVE. (R-C) Said n addition at 133 HIGHLAND AVE. (11-C) Said
caring to be held WEDNESDAY, AUGUST 28, caring to be held WEDNESDAY, AUGUST 28, ,
992 AT 7:00 P.M., ONE SALEM GREEN, 2nd 992 AT 7:00 P.M., ONE SALEM GREEN, 2nd
oar. oar.
RICHARD A. BENCAL, Chairman RIC14ARD A. BENCAL, Chairman
ugust 12, 19, 1992 SN72842 ugust 12, 19, 1992 SN72842
f
CITY OF SALEM ,
BOARD OF APPEAL CITY OF•SALEM
745-9595 Ext. 381BOAILQ OI APPEAL
Will hold a public hearing for all persons inter- 745-1)595 xt. 381
ested in the petition submitted by ESSEX Will hold a public bearing for all persons inter-
COUNTY REHABILITATION ASSOCIATES f-or ested in the petition submitted by ESSEX
Special Permit and Variance to convert single fam- COUNTY REHABILITATION ASSOCIA'T'ES for
ily to a physical therapy clinic and to construct Special Permit and Variance to convert single fam-
an addition at 133 HIGHLAND AVE. (R-C) Said ily to a physical therapy clinic and to construct
hearing to be held WEDNESDAY, AUGUST 26, an addition at 133 HIGHLAND AVE..(R-C) Said
1992 AT 7:00 P.M., ONE SALEM GREEN, 2nd hearing to be held WEDNESDAY, AUGUST 26,
floor. 1992 AT 7:00 P.M., ONE SALEM GREEN, 2nd
RICHARD A. BENCAL, Chairman floor.
August 12, 19, 1992 SN72842 RICHARD A. BENCAL, Chairman
August 12, 19, 1992 SN72842
CITY OF SALEM
BOARD OF APPEAL.
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by ESSEX
COUNTY REHABILITATION ASSOCIATES for
Special Permit and Variance to convert single fam-
ily to a physical therapy clinic and to construct
an addition
at 133 HIGHLAND AVE. (R-C) Said
hearing to be held
WEDNESDAY,
26,
1992 AT7 00 P.M., ONAUGUST
SALEM GREEN, 2nd
floor.
RICIiARD A. BENCAL, Chairman
42
August 12, 19, 1992
�rT APPEAL CASE NO. . . . . . . . . . . . . . . . . . . .. . . .
�c tilttg IIf2IlPrit� fI88tItLISEtfS
`5.
oarb of Appeal
r`a
TO THE BOARD OF APPEALS:
the prospective purchaser under a Purchase and Sale Agreement
The Undersigned represent that he is/ are tJmtwftm of a certain parcel of land located
at NO.L33 JUgblan4 Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S is Zoning District R.-P. . .
. . . . . . . . . . . . . . .
�x�hec�t�aeso�a�>r&s;x5�i<atcexB�u}}d3agxtmriQx
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
r
c^
C'
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: K 3MM
see Schedule, attached.
M o p7
�m
in v W
r
i o m N
M S 3
mn
Owner. ..Relen, ConwaY . . . . . . . . . .. . . .. . . . . .....
173 Center Street
Address. . Groveland, MA 01834
. . . P . . . . . . .. .
Telephone. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
Petitioner. . Essex County. Rehabilitation
Associates, Inc.
Address. . .i29 Highland. Ayenuer Salemr n
Date. . Avgusx. be. 1992. . . . . . Telephone.. 281-5911
SERAFINI,.SERAFINI and•DARLING
By. . .4 LkIaY.L-Q( a'aLX. 'L- ... .. . . .. . . . . . . . .
744-0212
Three copies of the application must be filed with the Secretary of the Board of
,Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The undersigned Petitioner, Essex County Rehabilitation Associates,
Inc. , is the prospective purchaser of the subject property under a Purchase
and Sale Agreement dated August 5, 1992 . The Petitioner seeks to change the
use of the subject property to a physical therapy clinic, and to extend the
non-conforming structure on the lot, which is also non-conforming, to
accommodate the proposed change in use.
The subject property is located in the Residential Conservation (R-C)
and Entrance Corridor Overlay Districts. The Petitioner presently operates
a physical therapy clinic in close proximity to the subject property and
seeks to relocate said clinic to better accommodate the particular needs of
its clients. A Special Permit under Section 5. 3 (b) (20) is required to change
the existing single family residential use to a physical therapy clinic. The
proposed use is a special permit use because the subject property is located
within 1500 feet of Salem Hospital. Use of the property for a clinic is in
harmony with the purpose and intent of the Ordinance.
The Petitioner proposes to extend the 1751 square foot one and one-half
story building by constructing a 1020 square foot single story extension to
the rear. The Petitioner will remove the existing garage structure. The
subject property can accommodate the required parking without disturbing the
natural screening and existing landscaping.
A Special Permit is required under Sections 5-3 (j) , 8-6 and 9-4 for
extension of a non-conforming structure on a non-conforming lot. In
addition, Variances under Section 9-5 are required from the 40 foot side yard
setback requirement as applied to the northwesterly side of the structure and
from the 100 foot rear yard requirement, both as provided in Section 6-4 .
The Petitioner wishes to continue the existing non-conforming 5 foot side
yard setback for an additional 30 feet, and wishes to decrease the existing
non-conforming 35 foot rear yard depth to 5 feet for the width of the
structure, which is 34 feet.
Due to the undersized depth of the property, which cannot accommodate
the applicable front and rear yard depths, there is no way .to extend the size
of the building without increasing the existing non-conformity in some
respect. Because of the unique size and shape of this property within the
R-C District literal enforcement would involve substantial hardship to the
petitioner and would deprive it of the fullest use of the land and buildings.
The proposal is designed to permit the most advantageous use of the lot
and will have the least impact on the residential neighbors. The relief
requested may be granted without substantial detriment to the public good and
without derogating from the intent of the District or purpose of the
Ordinance.
ARfiQ,E V ME RFIAa 711
. District: Residential al
. Special Permit Use: Private medical clinic
within 1 500 feet of Salm Ibspital
ARrl=VE DEZ1717 R13U[A 1I
Residential RC District
required pmvid d variance
needed
. Minin m lot area80 000 sf 11 401 sf N/C
Mf:dmm lot area pec dwelling 0 000 sf N/A N/�1
Miniv4m lot width 22
Naaicon/C
00' 100'
aam lot coverage 208 2.98 no
Mfnimm depth of fiver Yard 40• 42' no
Minimum width of ride yaN 40• 5'/63' yes
_ Minimum depth of cess yard 100' S• yes
height of buldings 35' 21' no
--- ---------__ _. . Maximum hum
stories 2y ly
hei
height of fences E' 4' eo
Di
Distanm teceeen buildings 100N/A N/A
1 ZI
• ilk -
I
ARTICLE VII $UPPI.F}IDdfARY RD,IMTIQ{S
clx lil �I I
Parking requicarents for professional offices, nediW and dental
clinics.
parking spaces j
provided
one space for each professional 3 3 professionals)
one<� 1 employees) is
Two space,it for race es other employees 2 (4 euployees)
10n additional spaces for each Professional 6 -
• � Total psskinq spaces 11
ll-2 O I` ¢f./ _ I I Entrance corridor vaerlay district.
• _ �_ i - provided
6
eences 4' high, alwq rear lot line
N[D cut erzisti:g, 24' wide
Mechanical aNipu nt
and infuse storage located
within
Wilding
areas l spaces nl
Sima . aa per sign review committee i
Site plan mule+ 1 020 sf ewconstructionn
only
' ......::...._._....._:.
: :: ARLI¢E VIII NCTCQiEIXLNITY
Nonconforming lot lot area and lot width
I✓N \ I ibnconformuq structure side and rear set backs
• - X.
107.31 l- --- -
1
LQ
q W
o O
t
RO 'b
G). \
O
S
. . '' .. - .• This t7y �I
day of July 19 92
1. PARTIES Helen Conway , 173 Centre Street Groveland, Massachusetts
011 in) hereinafter caled the SELLER, agrees to SELL and
John D. Keeffe or designated nominee
4 Great Ledge Lane Gloucester, Massachusetts
hereinafter called the BUYER or PURCHASER, agrees to BUY
following described premises: , upon the terms hereinafter set forth, the
2. DESCRIPTION 133 Highland Avenue Salem, Massachusetts , with the
0711 in and include land and buildings thereon, with 11 , 401 square feet
title reference) of land, more or less , being the same premises conveyed
to the seller by deed recorded in Essex County South
Registry of Deeds as Book number 6020 and Page number 759 .
3. BUILDINGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon,
STRUCTURES, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all venetian
IMPROVEMENTS, blinds,window shades,screens,screen doors,storm windows and doors, awnings,shutters, furnaces,heaters,
FIXTURES heating equipment, stoves. ranges, oil and gas burners and fixtures a
Plumbing and bathroom fixtures, electric and other lighting fixtures
fences, Outsideuncnant otelevis television edeas,
fences,gates, trees,shrubs,plants,and,if built in,air conditioning equipment,ventilators, lev cion disposers,
dishwashers, washing machines and driers, andgarbage
0U in or delete)
but excluding None
4. TITLE DEED
(Jill in) Said promises are to be conveyed by a good and sufficient QUITCLAIM deed running to the BUYER, or
Include here by speck to the nominee designated by the BUYER by written notice to the SELLER at least seven days before the
rzfzrr ea any easements,
is li& is to be delivered as herein provided, and said decd shall convey a good and clear record and marketable
nods, eaalions, rights+' tide thereto, free from encumbrances, except
and obQIIS not in (a) Provisions of existin building parry wq//s not in- B g and zoning laws;
luded in (b), leases, (b) Existing rights and obligations in party walls which are not the subject of written agreement,
municipal a^d other (c) Such taxes for the then current year as arc not due and payable on the date of the delivery of
liens, other encum- such deed;
brances, and make pro- (d) Any liens for municipal betterments assessed after the date of this agreement;
virion ro protect (e) Any easement, restriction or agreement of record presently in force and applicable which do not
SL•LLER agairut interfere with the reasonable use of the premises as nowcured, as ,1 p`lysical thornily
BUY�R'Sprruch of �( facility
SELLER'S covenants
in leases, where
necessary,
S. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the
deed in form adequate for recording or registration,
6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient
TITLE to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver will,said deed
all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title.
7. PURCHASE PRICE The agreed purchase price for said premises is $14 2, 9 0 0. 0 0
011 in);space Is al-
lowed to write our One hundred and forty two thousand and nine hundr t1t�
the amounts,
(provide for pay ila,Y,`Irf which
Ment by cerl0ed or S 500 . 00 have been
Bank's Check ac. $ 6,645 . 00 paid as a deposit this day and
ceptable to the
SELLER V required) $ 135 755 00
e to be paid at the time of delivery of the deed in cash, bank or certified checks.
f 142, 900 . 00 TOTAL
8. TIME FOR
PERFORMANCE: *� ^«
DELIVERY OF F� 19 • at the Regius,v
DEED 0!l in/ n ° K slis°au'oyt, 8d' rase agreedupon. It is agreed Ih41 time
See Addendum Paragraph 41.
9. POSSESSION and Full possession of said premises free of all tenants and occupants and all personal property, except as herein
CONDITION of provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in he same
PREMISES. condition as they now are,reasonable use and wear thereof excepted,and(b)not in violation of said building
(attach list ojexcep
doer, V any) and zoning laws, and (c)In compliance with the prov
The BUYER may elect to review property within vi! Is of any instrument referred to in clause 4 hereof.'C
to SELLER. hours prior to transfer with reasonable notice
:0. EXTENSION TO If the SELLER Shan be unable to give title or to make conveyance, or I0 deliver posse
5sl0n Of the pfen115e5,
PERFECT TITLE all as herein stipulated, or if at the.time of the delivery of ttic deed the premises do not conform with the
CO MAKE provisions hereof, the SELLER shall use reasonable efforts to remove any defeemir es d title, or to deliver pose
PREMISES session as provided herein, or to make the said premises conform eo the provisions hereof, as the case may
CONFORM be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for
(Change period of performance hereunder, and thereupon the time for performance hereof shall be extended for a period of
ane (/darted.) thirty (30) days. ��
BU LRS)nil uls SL•LLER �s
;LStkleaYr 169t
Evans,it,/rig �k'LLCr�(s' Jlnvm'
l 1. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in tide,deliver
PERFECT TITLE possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time during
OR MAKE the period of this agreement or any extension thereof, the holder of a mortgage on said premises shall refuse
PREMISES CON- to permit the insurance proceeds, if any, to be used for such purposes, then, at the BUYER'S option, any
FORM, etc. _ payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto
shall cease and this agreement shall be void without recourse to the parties hereto.
12. BUYER'S The BUYER shall have the election, at either the original or any extended time for performance, to accept
ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the pur-
ACCEPT TITLE chase price without deduction, in which case the SELLER shall convey such title, except that in the event
of such conveyance in accord with the provisions of this clause,if the said premises shall have been damaged
by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the
premises to their former condition, either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on
account of such insurance, less any amounts reasonably expended by the SELLER for any partial
restoration, or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof
to be used to restore the said premises to their former condition or to be so paid over or assigned,
give to the BUYER a credit against the purchase price, on delivery of the deed,equal to said amounts
so recovered or recoverable by the holder of the said mortgage less any amounts expended by the
SELLER for any partial restoration.
13. ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be, shall be a full performance in
DEED discharge and release of every agreement and obligation herein contained or expressed, except such as are,
by the terms hereof, to be performed after the delivery of said deed.
14. USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery
PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or
MONEY TO interests,provided that all instruments so procured are recorded simultaneously with the delivery of said deed.
CLEAR TITLE
15. INSURANCE
'Insert amount f isl Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows:
additional types of Type of Insurance
e
insurance and (a) Fire and Extended Covera a
amounts as agreed) (b) Amount o C vera�
8 g AS preseKtfy nSUTE
�
(c)
16. ADJUSTMENTS gMgxy � BmKKgF „
(list operating ex. �., snntxtt9exktv�e9cpytaxsitsgca�xEik�$�ingctocrhaxottedud>iYxaotred�tmcoamexfacyhrbeinwt
penes, V any, or andaaxes for the current year,shall be apportioned and fuel value shall be adjusted,as of the day of perform.
attach shedule) ante of this agreement and the net amount thereof shall be added to or deducted from, as the case may be,
the purchase price payable by the BUYER at the time of delivery of the deed. l9naotAtotsd p¢akyyyp tt»¢rapc
PCnIXrI�;fUD(adtatla'N)Q7e)Cipp74K10YtYdt77�r3G��4Kp"t> Yuf�tL��t}l�c�(y(jC.
17. ADJUSTMENT OF If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned
UNASSESSED on the basis of the taxes assessed for the preceding year, with a rea
as the new tax rate
AND ABATED and valuation can be ascertained; and, if the taxes which are to be pportioned shallprtionment asothereafter be reduced
TAXES by abatement, the amount of such abatement,less the reasonable cost of obtaining the same, shall be appor-
tioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings
for an abatement unless herein otherwise agreed.
18. BROKER(S) FEE A tee of Per M.L. S. Data ListingSheet
for oill In space) is to be paid by the SELLER to Century 21 North Shore & Prudentiall services
First
the Broker(s)herein, but If the SELLER pursuant to the terms of clause 21 hereof retains t R deposnYmade
hereunder by the BUYER, said Broker(s)shall be entitled to receive from the SELLER an amount equal to
one-half the amount so retained or an amount equal to the commission according to such schedule for this
transaction, whichever is the lesser.
BROKE
19, WARRANTY
(S) The Broker(s) named herein e t r 7d1 North Store & ppr �r,n al First
WARRANTY warrants) that he (they) is (are) �ufy�tc se as sue by he ommonwealih ot}Massc�usens
(l!!In name) Realty
20. DEPOSIT /See Addendu Para rah 39
(Jill in or delete as agent for the SELLER, subject to the terms of this agreement, provided howev
reference to disagreement the BROKER(s)may retain said de osits endin a event of any
broker(s) (/SELLER ( y p p n writing mutually given by the
SELLER(s) and the BUYER s). In the evem�tc_U431 '@ 1IesK i an interpleader action, or if the BROKER
holds deposit) is made a party to any lawst�b*A4 o>�ting as escrow agent, the BROKER shall be entitled to recover
reasonalil ees nd costs which may be deducted from escrowed funds. Such fees and costs shall
y.
21. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements herein,all deposits made hereunder by the BUYER
DEFAULT; shall be retained by the SELLER as liquidated damages
DAMAGES a :11,111 61,11
22, FINANCING and this sha 1 1 Cheipp Se ler s sole reined at law orcin equity. '
The BUYER is applying fora first mortgage of$1 , according to an initial amortization sched-
rate and
the ule of_3 a _years at r•„r
rate and terms on commitment or the signing Of of t�gagesnote. It the is agreed sual rate hinterest
t th ss or tgage mayevailing at t include ohe time f fthe Bank
ixed rate
which payments are mortgage,variable rate mortgage,renegotiable rate mortgage,or review mortgage;however,shall not be limited
computed to these types of instruments.This financing in the above-named terms shall be obtained by the BUYER and/or
Broker on or before A 191LS 2 19--_912falling which all monies shall be returned, and
all other obligations of all parties shall cease and this agreement shall be void and without recourse to the
parties hereto, provided however, that the BUYER notifies the SELLER and the Broker in writing of their
inability to obtain said financing on or before this date. Failure to so notify will not excuse the BUYER from
Performance hereunder.
23. NOTICE If BUYER is seeking Veterans Administration loan benefits or a U.S.Government Federal Housing Adminis.
(Re. Veterans tration insured loan,appropriate language,as applicable,.must be in luded in the Purchase and Sale Agreement.
Financing,F.H.A.
Financing) &I
B ERS'Initials SELLERS'Inllfals
i;.S.A.H.Oct"1991
BUYERS'Initials SELL /iWials
P3
CITY OF - If the SELLER or BUYER executes this agreement In a representative or fiduciary capacity, only the prin-
,iSTEES, cipal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any
:IARP)IOLDER, shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied,
„cNEFICIARY,etc. hereunder.
CONSTRUCTION This instrument is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets
OF AGREEMENT forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto
and their respective heirs, devisees,executors, administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two
or more persons are named herein as BUYER their obligations hereunder shall be joint and several.The cap-
tions and marginal notes are used only as a matter of convenience and are not to be considered a part of
this agreement or to be used in determining the intent of the parties to it. This is a legally binding contract.
If not understood, seek competent advice.
'..GAD PAINT BUYER acknowledges receipt of the"Department of Public Health Property Transfer Notification" regard- L.
LAW Ing the Lead Law, acknowledges verbal notification of the possible presence of lead hazards and the provi- b
,,CKNOWLEDGE- sions of the Lead Law and regulations, and further acknowledges that SELLER(s) and BROKER(s) make
NIENTS no representations,express or implied, regarding the presence of lead. BUYER(s) take full responsibility for
compliance with all laws relating to lead paint removal and related matters(in particular,without limitation,
Mass.Gen. Laws,Ch. 111,Sec. 191),and BUYER(s)assumes the responsibility for all tests,lead paint removal
and other costs of compliance with the Lead Law.
SMOKE The SELLER shall equip the residential structure(s)on the within described realty with approved smoke de-
DETECTORS tcctors and furnish BUYER with Certificate of Approved Installation from the local Fire Department no later
than time of conveyance. '
BUYER'S HOME This Agreement is subject to the right of the BUYER to obtain, at his own expense, a home inspection of
INSPECTION the premises by consultant(s) of his own choosing within ten (10) days after the parties' execution of this
ACKNOWLEDGE- Purchase and Sale Agreement or within ten (10) days after the date of the parties' execution of a Contract +•
HENT to Purchase granting to the BUYER such right of Inspection, whichever date is earlier, and which ten-day
period,it is agreed,expi`es on_1112 t
4 . 19-22 If the BUYER is not satisfied with the results
of such inspection, this Agreement may be terminated without legal or equitable recourse to either party by
the BUYER at his election, the parties thereby releasing each other from all liability under this Agreement,
and the deposit shall be returned to the BUYER, provided, however, that the BUYER shall have notified.
the SELLER and Broker(s), in writing, on or before the expiration date herein specified of his intention to
so terminate; failure to so notify will not excuse the BUYER from performance hereunder. In the event the
BUYER does not elect to have such inspection or to so terminate within ten (10)days the SELLER and the f
Broker(s)are hereby released from liability relating to defects in the premises which the BUYER or BUYER's
consultant(s) could reasonably have been expected to discover, t
WARRANTIES a The BUYER acknowledges that he has not relied upon any warranties or representations not incorporated
AND in this Agreement,except for the following additional warranties and representations, if any, made by either
REPRESENTATION the SELLER or the Broker: ds
ACKNOWLEDGE-
MENT
CKNOWLEDGE-MENT 1
None
(if none, state "none"; if any listed, indicate by whom the warranty or representation was
ADDITIONAL, This offer is contingent upon the issuance of all necessary licenses
PROVISIONS' and permits to use the premises to conduct a physical therapy
facility which would involve certain changes to the land and
buildings. In the event additional time is required to obtain all
licenses and permits, an extension of sixty (60) days shall not be
unreasonabl�anadditional
denied or withheld, and, should it be necessaryto
� p)2� extend the date.4sr November 24, 1992, the seller shall he ,t
compeng�TS� Two Thousand One Hundred Dollars
($2, 100.00) ?' The buyer agrees to keep the seller informed of every
issue in the approval process with the City of Salem, MA,
)u TNN rwAfr AFL �p siN4 ocC�1R.S MZVE�A) 114v/9a SND/1/Z V192, 77,8, 5;9&90-
sNA�1 $� Ca1>If Ns�lTFD 435 FFk VA Y,
I have received a copy of the Purchase and Sale Agreement.This Is a legally binding contract, If not under-
stood, seek competent advice.
The BUYER(s) acknowledges receipt of the notice required by regulation 254 of the code of Massachusetts
Regulations Section 2,05(15)regarding the relationship of the BROKER(s)with BUYER(s) and SELLER(s)
of the properly.
M1 2- �e Paw , (2,.,,..
luv r Date Seller Date.'
0 a O -30- -'/Ll 2
SAO Security Number, Social Security Number
a
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Buyer Date Seller Date
Social Security Number Social Security Number
i
O.S.A.n.Octol»r.taat '
XTENSION FOR FINANCING
The time for financing of the foregoing agreement is extended until_o'clock_.M. on the_day of 19_ ,time
SUB being of the essence of this agreement as extended.
This extension is intended to take effect as a sealed Instrument.
Buyer Date Seller Dau
Buyer Date Seller
Date
EXTENSION FOR PERFORMANCE
The time for performance of the foregoing agreement is extended until_o'clock_.M, on the_day of 19
time still being of the essence of this agreement as extended.
This extension is Intended to take effect as a sealed instrument.
Buyer Date Seller
Date
Buyer Date Seller
Date
INSTRUCTIONS IN GENERAL
(These Instructions are suggestions only. Consult your ATTORNEY for particulars and details.)
1. Any lists or schedules to be attached should be properly incorporated by reference and initialed by all parties concerned.
2. This agreement, in its printed form, may not be suitable for use by trustees or other fiduciaries unless amended.
3. Each party should bring his agreement with him when passing title.
INSTRUCTIONS TO SELLER
After this agreement has been executed by all parties, arrange for drawing the deed. Bring at the appointed time to the place designated for
completing the transaction:
I. The deed signed by all SELLERS, properly acknowledged before a Notary, and if registered land, the owner's Certificate of Title.
2. A list of tenants andkssees,with a statement of amount of rents,deposits with any Interest due,and the dates to which the rents are paid.
3. All leases on the premises and tenancy at will agreements; also all Permits you have for the use of the premises.
a. Bills for taxes for the current year, whether receipted or not.
S. Water bills for the current period.
6. Guarantees for roof, sidewalk, plumbing or other fixtures.
7. Smoke Detector Certificate.
INSTRUCTIONS TO BUYER
If you are obtaining a mortgage, all BUYERS signatures shall be required and all BUYERS should be present at time of passing title. Bring
at the appointed time to the place designated for completing the transaction:
1. A certified or Bank's Check drawn payable to you In an amount equal to the amount of payment to be made at time of passing title.
2. Insurance policy as required by lending institution.
3. Sufficient additional cash to pay for apportionment of rents,taxes,water charges,insurance premiums,attorney's bill,plot plans,recording
feu and other adjustments.
It is customary for the BUYER to pay for drawing any mortgage documents and fees for recording his deed and purchase money mortgage.
He also pays for examination of title and for Tax Collector's report showing whether there are any municipal liens or unpaid taxes,
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October 1991
ADDENDUM TO
PURCHASE AND SALE AGREEMENT (the "Agreement")
DATED July _, 1992
BETWEEN
HELEN CONWAY
AND
JOHN D. KEEFFE
The parties to the above Purchase and Sale' Agreement agree
that this Addendum shall be considered an integral part of said
Agreement.
31. From and after the date of this Agreement, Seller
agrees to permit Buyer and Buyer's designees, including, but not
limited to, prospective mortgage lenders, insurance agents and
inspectors reasonable access, at reasonable times, to the said
premises for the purpose of making measurements, inspections, and
the like. Said right of access shall be exercised only in the
presence of Seller or Seller's representative and only after
reasonable prior notice to the Seller.
32. Without limitation of any other provisions of this
Agreement, the said premises shall not be considered to be in
compliance with the provisions of this Agreement with respect to
title unless title to the premises is insurable for the benefit of
the Buyer, in a fee owner's policy of title insurance, at normal
premium rates, in the American Land Title Association form
currently in use, subject only to those printed exceptions to title
normally included in the "jacket" to such form or policy.
33 . Without limitation of any other provisions in this
Agreement, said premises shall not be considered to be in
compliance with the provisions of this Agreement with respect to
title unless:
(ag• all structures and improvements on said premises, including,
but not limited to any driveway(s) and garage(s) and all means
of access to said premises shall be wholly within , the lot
lines of said premises and shall not encroach upon or under
any property not within such lot lines;
(b) no building, structure, improvement, way or property of any
kind encroaches upon or under said premises from other
premises;
(c) title to said premises is insurable for the benefit of the
BUYER, by a nationally recognized title insurance company in
a fee owner's policy of title insurance, at normal premium
rates, in the American Land Title Association form currently
in use, subject only to those printed exceptions to title
1
normally included in the "Jacket" to such form or policy, and
such exceptions within the confines of paragraph 4 (e) herein; /
and
(d) said premises abut a public way, duly laid out or accepted as
such by the town or city in which said premises are located.
34 . Seller shall execute and deliver simultaneously with
the delivery of the deed, and when required shall on oath swear to
the truth of the matters therein set forth, such documents as may
reasonably be required by Buyer's mortgage lender, title insurer
or its attorney, including, without limiting, the generality of
the foregoing, certifications or affidavits with respect to:
(a) persons or parties in possession of the premises;
(b) facts or conditions which may give rise to mechanic' s or
materialmen' s liens;
(c) an affidavit pursuant to Section 1445 of the Internal Revenue
Code regarding tax withholding for certain foreign persons;
(d) the affidavits required by the Federal National Mortgage
Association or Federal Home Loan Mortgage Corporation or
either 's successor affidavit;
(e) Urea Formaldehyde Foam Insulation Disclosure Affidavit •' (f)
IRS 1099B reporting form; and
(g) evidence of compliance with the requirements of Massachusetts
law relative to smoke detectors.
If Sellers shall refuse or be unable to certify thereto
in a manner consistent with said lender' s requirements, and as a
consequence thereof the mortgage transaction cannot be consummated,
Seller shall be deemed to have breached a material condition of
this Agreement.
35. Seller represents and warrants as follows, and the
Buyer may rely on the same, as of the date of this Agreement and
at closing:
(a) to the best of Seller 's knowledge, there is no pending or
threatened litigation with respect to the premises;
(b) to the best of Seller's knowledge, the premises contain no
contamination and there is no threat of discharge as defined
under MGL Ch. 21E;
(c) to the best of Seller's knowledge, the chemical chlordane has
not been used in the premises;
2 V�
t
(d) to the best of Seller' s knowledge, the premises contain no
urea formaldehyde foam insulation ("UFFI") ;
. (e) Seller's listing sheet and Statement on Property Condition,
attached hereto as Exhibits "E" and "F" , are complete and
accurate;
(f) all appliances in the subject premises, the sprinkler system,
automatic garage door openers, central air conditioning and
central vacuum are in good working order.
36. Seller shall deliver the premises at the time of
delivery of Seller's deed in broom clean condition, free of all
debris and any personal property.
37. Any notice or other communication hereunder shall
be deemed to have been duly given if in writing and mailed by
registered or certified mail, return receipt requested, all charges
prepaid, addressed in the case of Seller, to Seller at Seller ' s
address first set forth in this Agreement, and in the case of
Buyer, to Buyer at Buyer's address first set forth in this
Agreement, with a copy in like fashion to Ellen M. Winkler,
Serafini, Serafini and Darling, 63 Federal Street, Salem, MA 01970.
A party may change the address to which notice is to be sent by
like written notice to the other parties, which notice shall be
deemed received within 'five (5) days of mailing.
38 . All covenants contained in this Addendum shall
survive Closing. 'If any provisions of this Addendum conflict with
any provisions of the Agreement, the provisions of this Addendum
shall control.
39. All deposits made with Seller hereunder shall be
held in escrow in an interest bearing account by Century 21 North
Shore (the "Escrow Agent") , subject to the terms of this Agreement.
Interest shall be divided equally between Buyer and Seller. In the
event of a default, the deposit and all interest shall be paid to
top non-defaulting party. In case of any dispute between the
parties regarding the disposition of the deposit, the Escrow Agent
shall be authorized to pay over the amount of the deposit upon
receipt of either (a) a letter signed by both Seller and Buyer
directing the disposition of such funds, or (b) an order of a court
of competent jurisdiction directing the disposition thereof. The
parties hereby indemnify and hold harmless the Escrow Agent from
any and all claims, liabilities, costs or expenses (including
attorney' s fees) which may arise out of its serving as Escrow
Agent.
40. Seller shall deliver the premises at the time of
delivery of Seller's deed in broom clean condition, free of all
debris and any personal property. Q.�.t�ai✓r� t � ¢
a44 c a C t 6,111 l'LC
41. The deed is to be delivered at 2 : 00 P.M. on or
before the twenty-fourth day of September, 1992 , at the Registry
of Deeds, unless otherwise agreed upon. If required by Buyer' s
lender or the attorney for Buyer' s lender, the place for delivery
of said deed shall be at the office of Buyer ' s lender or at the
office of the attorney for Buyer ' s lender. It is. agreed that time
is of the essence of this Agreement.
42 . All covenants contained in this Addendum shall
survive Closing. If any provisions of this Addendum conflict with
any provisions of the Agreement, the provisions "of this Addendum
shall control.
43 . Any disputes 'as to title matters shall be resolved
according to the appropriate standards of the Massachusetts
Conveyancer' s Association.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals as of the day and year first-above written.
BUYER: SELLER:
A2_
HELEN CONWAY
4
t
._.L� ,J 4J.L Llui`\ \%1' 'j/
;'♦ it i' �:. : x i
i ro p ertY Address
• I+EAIiOR� THE SELLER AUTHORIZES THE BROKERS OR SALESPERSONS TO PROVIDE
THE FOLLOWING INFORMATION TO PROSPECTIVE BUYERS. pl ,11
.l'ES NO UNIw I. TITLE/ ONIN / UILDIN_ G INFORMATION
1. Seller's name l�
2. Owner's name(if different) How I g occupie�
-3. Age of structure _ Number of occupants ����
❑ j .❑ 4. Do you know of title proble s(for example, easements, use restrictions, lot line disputes, liens)?
- If yes, explain
I I
i
5. Zoning classification of the property Not known_
6. Number of units/apartments permitted by zoning Not known
❑ ❑ 7. Do you know of zoning problems/violations? Explain
❑ cl/ ❑ I 8. Do you know of any variances or special permits? Expldin
❑ ❑ 9. Do you know of any building code or sanitary code violations? Explain
❑ ❑ 110. a. Have you done an work,yhich required building, plumbing, electrical or other permits?
f Describe_4�1 j FII,
��dQ, Lel b. Were permits obtained?
❑ ❑
C. Was work approved by inspector?Explain
11. Is property in flood plain or wetlands? Explain
i
(See Flood Hazard Disclosure Clause, Section VII. A.)
.YES: NO UNlav II. RENTA DOMINIUM/COOPERATIVE INFORMATION
❑ ❑ ❑ 12. a. Is property subject to rent trol, regulation or review?
b. If no, reason: Exempt_ De trolled _ None Applies Other
I L'xplain
i c- If yes, list maximum rents
13. If rented,lease
periods/tenancy at will
i
14. If rented, owner is holding: rents
a. last month's rent;Amounts
b. security deposit in escrow;Amounts
C3 15. If rented, has interest been paid on last month's rent_s __
ecurity osit?
Date Amount_
Q 16. If security deposit held, attach a copy of statement(s) of condition. ttached_ Not attached—
U i. ® i ® 17. Ifconverted to condominium/cooperative, was removal permit obtained?
U a. Has an advance payment been made to a condo reserve fund? If yes, how much?
Is reimbursement expected?Yes No
res No uNKN III. SYST- MS UTILITIES INFORMATION
DO YOU KNOW OF ANY CURRENT PROBLEMS WITH THE ITEMS LISTED?
ALSO EXPLAIN ANY EPA1R WORK WHICH YOU H VE HAD DONE.
18. a.Type of heating systemn�
b. Has there ever been an underground fuel tank? Age
(See Hazardous Materials Discl suretClause, Section 11. F.)
❑ I �i ❑ 19. HEATING SYSTEM problems? Explain
a. Identify any unheated rooms
20. type of Domestic Hot Water -------
j ❑ 21. DOMESTIC HOT WATER problems?Explain g
i
/ 22. Burners/Domestic Hot Water: Owned
(❑ r-f ._ Rented - If rented, from whom?
11ioPP ❑ 23. PLUMBING SYSTEM problems/leaks/freezing? Explain —
i
❑ ❑ 24. Bathroom ventilation problems? Explain
25. Type of se age system(sewer,septic,cesspool, etc.l
Public Private
26: !f priva e,(a)Name of service company
(b)Date last pumped � Frequency
❑ ❑ 27. SEWAGE SYSTEM problems? Explain —
B type;
28. AirConditionin ------__-- — — —�
❑ ❑ YPe: Central Window
❑ Other 29. AIR CONDITIONING problems? Explain None
UPYRIGHT G 1990 Seller's Initials LKS_
IASSACHUSETTS ASSOCIATION OF REALTORS buyer's Initials
1of3 UPP'
+-=------+------------------------------------
PRICE I $ 142 , 900. 00
+--------+------------------------------------ >
ISTYLE I CAPE C W
----------- ------------------------
. ILOT SIZ 1 11 , 401 -
+--------+------------------------------------
TAXES I 1371 . 24
+-------- }------------------------------------
IROOMS l 7
+-
------- +------------------------------------
IBDRMS 1 3
------------------------------------
r
IBATHS 1 1 1/2----------------------------------------------
IGARAGE I 1 OVERSIZED
+--------+------------------------------------
(SEWER I PUBLIC
4---------------------------------------------
IAGE I
+--------+---------+----------+---------+-----
IUFFI 1 1 1 2 1 X I 4 ! ZIP: 01907
+--------+---------+----------+---------+---------+----------------------------
ISTREET: 133 HIGHLAND AVE SALEM SECT:
--------------------- ---------------------------------------------------------
INEAR/OFF:
- +------------------------------------------------------------------------------
1OFFICE: C 21 NORTH SHORE R . E . INC . PHONE: 508-532-5555
+------------------------------------------------------------------------------
IOFF CODE : CURY TOWN CODE : SA SB CODE : 2 . 5
I ++++++++}++7 ++++}+++++++++}+++}++++++++++-F+++++++}++++++++++++++++++++ F++
( ROOM I APPROX. SIZE IFLR. +COND ( GOOD DISP NO +HEAT ISTEAM BY OII
+-------+----------------+----+-----+-------+-------+-------+-----+------------
IKITCHENI 12 1/2 X 12 1/2 1 +CONSTI WOOD + STOVE INO +HOT 141SEP GAS
+-------+----------------+----+-----+-------+---------------+-----+------------
! DINING 1 15 1/2 X 12 11 +SIDG ( SHINGLE+ L CON INO IFRPLCI NONE
+-------+----------------+----+-----+-------+-------+-------+-----+------------
ILIVING 1 15 1/2 X 13 1 1 +SCAN IYES + FOUND [ CONCRETE FLRS1 HW
+-------+----------------+----+-----+-------+-------+-------+-----+------------
( FAMILY 1 6 1/2 X 17 1 1 IST W ICOMB PORCH IENCL SCHLSI
------------------------- F---- '-----+--------F---------------+-----+------------
IBED(M) 1 15 1/2 X 11 1 2 +EAKITIYES + LIVSPCI 1688 ITRANSI YES
+-------+----------------+----+-----+------- }-------+------- +-----+------------
IBED 1 11 X 10 1/2 1 2 +CAB ( WOOD + BSMT ( FULL +F,LEC. I C/B
+-------+----------------+----+-----+-------+-------+-------+-----+------------
IBED 1 12 1/2 X 12 1 2 +DSHW INO + ROOF IASPHALT+OCCUPI IMMED
+-------+----------------+----+++++++++++++++++++++++++++++++++++++ ++++++ +++++i
B : I JOE ADDARIO 617-334-6540
+------- ----------------+----+------------------------------------------------
IBATH I FULL 1 2 +TAXES : 1371 . 24 ASSESS : 129 , 238
+-------+----------------+----+------------------------------------------------
IBATH 1 1/2 1 1 +CONDO FEE : n/a
+-------+----------------+----+-----------------------------------------------..
I I I +BK : 6020 PG: 759 DD:
++i ++++ F++++++++++i-+++ F F I + ++++ i f ++ � I f F+i + 1 1 i I
-SII REMARKS : I
7 ROOM CAPE RESTORED OAK PyOORS THRU-OUT, LOTS OF CHARM AND GREAT .HUSINESS 2r)NI
POTEN'1' [A' .
�4
- - - ----- -- - - - -. ._. _. _..: ------ I 1 I Z
xCS'_N ' uNK III SYSTEMS/UTILITIES INFORMA'PIGN tcont.l
❑ ❑ : 30. ELECTRICAL SYSTEM problems? Explain
! i
i 31. Drinking Water Source: Public Private ; If private: a)well location
I
b) Flow rate(gals/min.) c) Date last tested
Report attached _ Not attached
❑ ; 0/! ❑ 32. Drinking Water Problems? Explain
❑ ❑ ❑ 33. APPLIANCES: Are all appliances which are being included in working order? Explain C
i
❑ j ❑ ❑ 34. Is electronic security system in working order? Explain
YES NO uNKN IV. BUILDING/STRUCTURAL/IMPROVEMENTS INFORR—A—T-10—N70
❑ ❑ 35. Foundation/slab problems/settling? Explain
❑ ❑ F/ 36. Basement Water/Seepage/Dampness? Explain amount, frequency and location.
❑ ' ❑ 37. a)Sump pump? If yes, age location
❑ ❑ ❑ b) Is it in working order? Explain
/ 38. Roof type S Age -- —
❑ (� ❑ 39. Roof leaks, problems? Explain
❑ ❑ 40. Interior Walls/Ceiling problems? ExplainVIP �
41. Type of floor under carpets/linoleum? t9D n
❑ ❑ 42. Floor problems? Explain
❑ �; ❑ 43. Chimney/Fireplace Problems? Explain
Date last cleaned
❑ ❑ ❑ 44. WOod/Coal Stove compliance with installation regulations/bylaws/code? Explain
❑ ❑ ❑ 45. Mod/Coal Stove Problems? Explain
46. History of fire/smoke damage? Explain
❑ ❑ 47. History of Termite/Insect/Pest Problems? Explain treatment and date --
See Chlordane Disclosure Clause, Section VII. B.)
❑ 48. Is house insulated?Type --
❑ ation
49. Has urea formaldehyde foam insulation (UFFI)ever been present? Ifyes, location
Installer/Manufacturer —
;-1 iSee UFFI Disclosure Clause—Se,lion VII C.)
❑ 50. Has air test for UFFI/formaldehyde been done'' If yes, attach copy of report.
Attached Not Attached
J ❑ 51. Are asbestos containing insulation or building materials present?
If yes, location
(See Asbestos Disclosure Clause, Section VII. D.)
❑ 52. Is lead paint present? If Yes, location --.
!
(See Lead Paint Disclosure Clause, Section VII. E.)
❑ 53. Has teat for Radon been done? If yes, attach coy. (See Radon Disclosure Section VII. G,)
E3 54. Other Building or Structural Problems? Deacribe
i:S No UNKN Y MISCELLANEOUS INFORMATIGIv
-J ❑ 55. Water drainage problems? Explaui _
❑ 56. Swimming pooVjacuzzi problems? Explain
57, Identify any other hazardous materials at the property.
_
(See Hazardous Materials Disclosure Clause, Section V11. EI
ion
58 Are you which mightre of any affect thether decis on of albuyerr tobuy,or affeg any ct theart fthe v value ofyour properor gy or affect its useby
a buyer? If so,describe
I
Seller's Initials _
— --__ Buyer's Initials
2of3
p2
VI. ADDITIONAL INFORMATION B
VII. EXPLANATORY MATERIAL
The following clauses are provided for descriptive purposes only. For detailed information, consult
the Massachusetts Department of Public Health, the Massachusetts Department of Environmental Quality
Engineering, or other appropriate agency, or your attorney.
A.Flood Hazard Insurance Disclosure Clause(Question 11) E. Lead Paint Disclosure Clause(Question 52)
The lender may require Flood Hazard Insurance as a condi- Whenever a child under six years of age resides in any
tion of the mortgage loan, if the lender determines that the residential premises in which any paint, plaster or other
premises is in a flood hazard zone. accessible material contains dangerous levels of lead,the owner
B.Chlordane Disclosure Clause (Question 47) is required by law, to remove said paint, plaster or cover with
Pesticide products containing chlordane were banned in appropriate materials so as to make it inaccessible to a child
Massachusetts on June D, 1985, following a determination by under six years of age. Consumption of lead is poisonous and
the Department of Food and Agriculture that the use of chlor- may cause serious personal injury.Whenever such residential
dane may cause unreasonable adverse effects on the environ- premises containing dangerous levels of lead undergoes a
ment including a risk of cancer, Although existing data does not change of ownership, as a result, a child under six years of age
conclusively prove that significant health effects have occurred will become a resident, the new owner is required by law to
as a direct result of chlordane use, the long-term potential remove said paint, plaster or cover with appropriate materials
health risks are such that it is prudent public health policy, so as to make it inaccessible to such child.
according to the Department, to eliminate the further intro- F. Hazardous Materials Disclosure Clause
duction of chlordane into the environment. (Questions 18b; 57)
C.Urea-Formaldehyde Foam.Insulation Disclosure In certain circumstances Massachusetts law can hold an
Clause(Question 49) owner of real estate liable to pay for the cost of removing
The buyer acknowledges that he has been advised that Urea hazardous or toxic materials from real estate and for dam-
Formaldehyde Foam Insulation(UFFI)has been declared by ages resulting from the release of such materials, according
the Massachusetts Department of Public Health(DPH)to be to the Massachusetts Oil and Hazardous Material Release
a banned hazardous substance and that new installation is and Response Act, General Laws, Chapter 21E.The buyer
prohibited.Where UFFI was previously installed, the seller is acknowledges that he may have the property professionally
required to advise the buyer(1) where such UFFI is located inspected for the presence of,or the substantial likelihood of
and, if known, when it was installed; (2)a copy of test results release of oil or hazardous material and such proof of inspection
concerning the air level of formaldehyde; and(3)a copy of in- may be required as a prerequisite for financing the property.
formation from the DPH concerning UFFI and formaldehyde G. Radon Disclosure Clause(Question 53)
levels. Under certain circumstances the cost of removal may be Radon is an odorless, colorless, tasteless gas produced
reimbursed. Exposure to hazardous levels of formaldehyde may naturally in the ground by the normal decay of uranium and
cause personal injuries, including headaches, nausea or cancer. radium. Radon can lead to the development of radioactive
The buyer acknowledges that he has been advised to consult particles which can be inhaled. Studies indicate the result of
the DPH or his attorney for further information. extended exposure to high levels of radon may increase the
D. Asbestos Disclosure Clause (Question 51) risk of developing lung cancer
The United States Consumer Product Safety Commission H. Agency Disclosure
has maintained that asbestos materials are hazardous if they ALL BROKERS/SALESPERSONS REPRESENT
release separate fibers which can be inhaled. Asbestos is a THE SELLER, NOT THE BUYER, IN THE
common insulation material on heating pipes, boilers, and MARKETING, NEGOTIATING AND SALE OF THE
furnaces. It may also be present in certain types of floor and PROPERTY, UNLESS OTHERWISE DISCLOSED,
ceiling materials, shingles, plaster products, cements and HOWEVER, THE BROKER/SALESPERSON HAS
other building materials. The buyer may have the property AN ETHICAL AND LEGAL OBLIGATION TO SHOW
professionally inspected for the presence of asbestos and if HONESTY AND FAIRNESS TO THE BUYER IN ALL
repair or removal of asbestos is desired, proper safety TRANSACTIONS.
guidelines must be observed.
VIII. ACKNOWLEDGEMENTS
Seller(s) hereby acknowledge that the information set forth above is true and accurate to the best of my
(our) knowledge. I (we) further agree to defend and indemnify the broker(s)(or any sub-agent of our broker)
for disclosure of any of the information contained herein. Seller(s) further acknowledge receipt of copy of
Sellers Description of Property.
Seller o .rr+ Date ifSr / 9'942
Seller Date
Buyer/Prospective Buyer acknowledges receipt of Seller's Description of Property and Agency Disclosure.
Buyer acknowledges that Broker has not verified the information herein and Buyer has been advised to verify
information independently.
Buyer Date_ � ?
Buyer Date
3of3
a. o>m4M
/'e T Titg of 'SaIrm, Aassurljusetts
T �aurD of �ppeal
September 14, 1992
NOTICE IS HEREBY GIVEN THAT AS OF SEPTEMBER 8, 1992 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF ESSEX COUNTY REHABILITION
ASSOCIATES FOR A SPECIAL PERMIT AND VARIANCE TO ALLOW
CONSTRUCTION OF AND ADDITION AT 133 HIGHLAND AVENUE AND TO ALLOW
THE PREMISES TO BE USED A A PHYSICAL THERAPY CLINIC.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision,, i f any, shall be made pursuant to
Section 17, of MGL 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 MGL Chapter 40A. , Section 11, the
Variance/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
PP 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
� f -ATE of :;EARInc
PETITIONER
_OCATION � B�Li
ACTION: -0 GRANT �/� SECOND ( �/
TO DENY SECOND
TO RE-HEAR SECOND
oSAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
?.OLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD RENCAL
(fir ' RICHARD FEBONIO
�J FRANCIS GREALISH
EDAMD LUZINSKI
n r.
ASSOCIATE :MEMBERS /
RONALD MANTE
ART LABRECOUE
CONDITIONS:�%� B FO p
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ARTICLE V USE REGULATIONS
. District: Residential R-C
. Special Permit Use: Private medical clinic
within 1 500 feet of Salem Hospital
ARTICLE VI DENSITY REGULATIONS
Residential R-C District
---- .__- Nl I — required provided variance
needed
. Minimum lot area 80 000 sf 11 401 sf WC
. Minimum lot area per dwelling 80 000 sf N/A N/A
Minumnm lot width 200' 100' NIC
. Maximmm lot coverage 208 '17.98 nro
PIiCIF.rI Minimum depth of front yard 40' 42' xro
. Minimun width of side yard 40' 5'/63' yes
Mininmum depth of rear yard 100' S' yes
_ PHx mun height of buildings 35' 21' no
-.. _.-._._. _ Maximum stories 23 ly MD .
Maximwn height of fences 6' 4' W
Distance between buildings 100' WA N/A
ARTICLE VII SUPPLEMENTARY REGULATIONS
I
Fh I Parking
requirements for professional offices, medical and dental l
/1lc o A —
�{ � Provide spaces .
_.. provided
one space for each professional 3 (3 professionals)
/S�11One space for each two other employees 2 (4 employees)
Two additional spaces for each professional 6'
s , '
Total Parking spaces
Entrance corridor overlay district.
. • .1 provided
6 i Iw
Fences 4high, along rear lot line
Curb cut proposed, 25' wide
• -r•-�_A.{ Mechanical equipment
and refuse storage located within building
Parking areas 11 spaces only
H - - _ / . Signage as per sign review crnmittee
Site plan review 1 020 sf new construction only
1
---EFF--- I .�'"'•:'': .'. _ ARTICLE VIII NDNNNEORMITY
••\\ 1 b —�4 NGPi. T
v
_ issues
\ q _ Nonconforming lot lot area and lot width
1 �� f( .i,/_yy+•�IaiV Nonconforming structure side and rear set backs
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--- ARTICLE V USE RD3[RATIONS
District: Residential R-c
Special Permit Use: Private medical clinic
within 1 500 feet of Salem Rospital
ARTICLE VI DENSITY RESU ATIONS
->` -4/ Residential R District
U -
required provided variance
needed
. Minim= lot area 80 000 sf 11 401 sf N/C
. minimum lot area per dwelling 80 000 sf N/A N/A
2�I
Mlot width 200' 100' N C
inicman
Maxinnsn lot coverage 209 17.98 no
. Minimum depth of front yard 40' 42' no
. Minimum width of side yard 40' 5'/63' yes
. Minimum depth of rear yard 100' 5' yes
. Maxim= height of buildings 35' 21' no
. Mu = stories 2y 1;, no
. Maximlm height of fences 6' 4' no
. Distance between buildings 100N/A N/A
ARTICLE VII SUPPLEMENTARY REW ATIONS
� j I
(T)')•� �� Parking reyuir is for professional offices, medical and dental
I clinics. I
parking spaces
provided
one space for each professional 3 (3 professionals)
One space for each two other employees 2 (4 employees)
. Two additional spaces for each professional 6'
1 / I
Total parking spaces 11
_ '�, Entrance corridor overlay district.
• _ 1 , provided
6 _
d t Fences 4' high, along rear lot line
• �� `, _ . oLcb cut existing, 24' wide
/ Mechanical equipment
p ��� 4)~� l�' ;,y _ and refuse storage located within building
- C f 1 . Parking area, Il spaces only
��� . Signage as per sign review camnittee
-_ . Site plan review 1 020 sf new construction only
• 7
1
.
.:::::: ARTICLE VIII NONCONFORMITY
issues
L _ I
Ebnconforndng lot lot area and lo[ width
Nonconforming structure side and rear set backs
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