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99 LEACH STREET - ZBA 99 Leach St. R-2 Maurice Rousseau, owner ' \ Edward Gilmartin, petitioner - - — --� ' 111 \� II VN^\' V^_ r , V V' •mob "� flit ofttiem, ttsstttljusetts Paura of Appeal fi,i.UTI.V� September 3 1993 YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF EDWARD GILMARTIN FOR VARIANCES FROM LOT SIZE, FRONTAGE AND SIDE SETBACK TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 99 LEACH STREET (R-2) BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Appeal from this decision, if any, shall be made pursuant to Section 17, of 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 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 (City of �ttlem, 4gtts5ttrj1U5rjtS Board of AD pettl ' Lo DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE E ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST. (R-2) A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur 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 is requesting Variances from lot size, side setback and frontage to allow construction of a single family dwelling in this R-2 district. The Variance which has 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. There was substantial neighborhood opposition to the petitioners request, including written opposition from the David B. Gaudreault the Ward Councillor. 2. The lot in question was considerably undersized, having only 4,332 square feet of land and 45 feet of frontage. 3. This is a highly congested area. 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH STREET, SALEM page two 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in favor) against the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 11, 1993 George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 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 OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL a w zz 0 �o (city of ttlem, r ttsstt�l�usetts bnttra of �Aupeal F7 DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICEI n ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST. (R-2) A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur 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 is requesting Variances from lot size, side setback and frontage to allow construction of a single family dwelling in this R-2 district. The Variance which has 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. There was substantial neighborhood opposition to the petitioners request, including written opposition from the David B. Gaudreault the Ward Councillor. 2. The lot in question was considerably undersized, having only 4,332 square feet of land and 45 feet of frontage. 3. This is a highly congested area. 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: I . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in favor) against the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 11, 1993 ��_e•�a.� � �/!�fir�ce� K� George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 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 OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEALbp t b 4., 7 (Situ of �ttlem, 4Ra69arljusetts butts of �Av}�ettl - F7 DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ai ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST. (R-2) A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur 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 is requesting Variances from lot size, side setback and frontage to allow construction of a single family dwelling in this R-2 district. The Variance which has 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. There was substantial neighborhood opposition to the petitioners request, including written opposition from the David B. Gaudreault the Ward Councillor. 2. The lot in question was considerably undersized, having only 4,332 square feet of land and 45 feet of frontage. 3. This is a highly congested area. 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH STREET, SALEM page two 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in favor) against the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 11, 1993 George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 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 OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL CAJ 0 (Cjtn of idem, lassarllusetts -gnttra of rADte }�ettl LO DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST. (R-2) A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur 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 is requesting Variances from lot size, side setback and frontage to allow construction of a single family dwelling in this R-2 district. The Variance which has 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. There was substantial neighborhood opposition to the petitioners request, including written opposition from the David B. Gaudreault the Ward Councillor. 2. The lot in question was considerably undersized, having only 4,332 square feet of land and 45 feet of frontage. 3. This is a highly congested area. 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH STREET, SALEM page two 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in favor) against the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 11, 1993 George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 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 OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL c QJ 0 <o ` � a Y (Cit" of idem, ttssttcliusetts s ,,curb of .�u}�ettl e A DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ai ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH ST. (R-2) .A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur 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 is requesting Variances from lot size, side setback and frontage to allow construction of a single family dwelling in this R-2 district. The Variance which has 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. There was substantial neighborhood opposition to the petitioners request, including written opposition from the David B. Gaudreault the Ward Councillor. 2. The lot in question was considerably undersized, having only 4,332 square feet of land and 45 feet of frontage. 3. This is a highly congested area. 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF EDWARD GILMARTIN (PETITIONER) , MAURICE ROUSSEAU (OWNER) FOR VARIANCES AT 99 LEACH STREET, SALEM page two 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1-4 (Mr. Ahmed voted in favor) against the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 11, 1993 �k1P,a-Lam George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 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 OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL 0 = � a n :ATE D :EARIr:G Q rETITIOIER41- / � ii .e.,jr/ LCCATIOi: LOTION: 70 GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND .0 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE STEPHEN O'GRADY v GEORGE A. AHMED �H EDWARD LUZINSKI TEPHEN TOUCIIETTE l� ASSOCIATE :tEMBERS t..A ARTHUR LABRECOUE CONDITIONS: �� �, APPEAL CASE NO. .. .. .. .. .. .. .. .. . . ... .. n a Qu of 5alenc, 9ffnssa sdf s Pm b of Arwra! TO THE BOARD OF APPEALS: The Undersigned represent that he is are _he owners of a certain parcel of land toted at NO. . . . . . . .9, Leach. . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . .Street; 7onina District R(Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said oarcel is affected by Section(s) . . . . .. . . . . . . . .. . of the Massachusetts State Building Code. 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 o>rr' ^i3 -Ica_ rn 7a v. <m W 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: Variances from lot size, side setback and frontage to allow construction of a 11 story, single family dwelling Ujn. k C W W Owner. .Maurice Rousseau 3: M JSq . . . . . . . . . . . . . . . . ° ? n Address. 11. . .Sunnyvale Street . . . . . . .. . .. . . . ... .. . . . . . . .. . . . Telephone. 508-927-5878 .. . . . . . . . . .. . . . . .... . . . . .. . . .. Petitioner. Edward.!Gilmartin. . . . .. . . . . . . Address. )A Q99Pr! Ave:i Salem . . . . . . .. .. Date. . /22/93.. . . . . . . . . . Telephone.. .7i4._.0730.. . . . . . . .. .. . . . . . . . . . . . By.. . -. . ..... . .. .. ... . . . . . . . . . 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. No ........... .. ..................... PETI I ION 10 BOARD OF APPFAIS LOCA I ION 7.............................................................. ITT TONER.......................................... ADDRESS..................... ....................... ................ ........................... CONDI I IONS .......................... .................................... .................. .. .............................. .......................................... .................... .............................. .................................. ................................................................. ................................................................. PETITION APPROVED.................... ❑ DENIED......................... .............................................. 19......... CONTRACT TO PURCHASE GREATER SALEM ASSOCIATION OF REALTORS, INC. r0uer aouRRR REALTOR® OPPORTUNITY DATE: From the office ON TO: mh� '' Property Address (� / SE]',LER(s) h</� �. .R-,/fin-otGti t /g�����ryo�trlll.S/ Town/City State Approximate Lot Size / Booktd '0 Page Q4�c? Registry of Deeds . 1. WE HEREBY OFFER TO PAY FOR THE ABOVE-NOTED PROPERTY: ;a) $ /�AZQ00 ,of which $ ',6Ej272 is paid herewith as a deposit to bind this Offer (c)% $ .t/AYl-0 is to be paid as an additional deposit on or before 1913j (d) $�� is to be paid at a time of delivery of the deed, by cash, certiged or bank check (e) $ Total Purchase Price Aen ll deep ds shall be held in escrow by�rG Vj'/5�j rIroG L, as�w agent, to be duly accounted for at closing. 2. ACCEPTANCE TERMS: /� ` Q� _ This Offer shall remain open until :�A.Ma , 19T%and may be accepted only by the SELLER(s)signing this document prior thereto where not tgnifying acceptance of this Offer.Upon acceptance by SELLER(s�` this shall become the contract between the parties: otherwise, this Offer shall be considered rejected,and any deposit paid in accordance herewith returned to BUYER(s). 3. CLOSING: A good and suffinenJiDeed,con x3'ng a ood and clear recor and marketable title shall be delivered,by the SELLER(s),on or before :r' A. I.M. , 19�at the appropriate Registry of Deeds,unless some other time and place are mutually agree on in writ ng. Time is of the essence of this Contract. 4. INSPECTION; BUYER(s)' ELECTION TO TERMINATE: This Contract is subject to the right of the BUYER(s)to obtain,at the BUYER(s)'sole cost,a home inspection of the premises by consultant(s) of the BUYER(s)own choosing within ten (10)days after the SELLER(s)' execution of this Contract. If the BUYER(s)is not satisfied with the results of such inspection,this Contract may be terminated by the BUYER(s)at the BUYER(s)election,without legal or equitable recourse to any party,the parties thereby releasing each other from all liability under this Contract,and a8 deposits shall be returned to the BUYER(s),Jiowever,in order to elect to terminate,BUYER(s)must notify the SELLER(s)and Listing Broker(s)*in writing,on or before the expiration of the ten(10)day inspection period,of BUYER(s)' intentions to so terminate; failure to so notify will bar the BUYER(s)from termination under this paragraph. In the event the BUYER(s)do not elect to have such inspection or to so terminate within ten(10)days,the SELLER(s)and the Broker(s)are hereby released from Lability relating to defects in the premises which`tfie BUYER(s)or BUYER(s)'consul- tants(s) Gould reasonably discover: 5. FINANCING: This Contract is subject to the BUYER(s) obtaining a conventional first mo5gage commitment of$ S00 '0 at prevailing interest rates,points and terms. If the BUYER(s)is unable'to obtain the above-noted financing, after using di i- gen efforts[o do . i which'diligent efforts'shall;meaq at least one application Ivan institutional lender made on or before 19 ,then BUYER(s)maferminate this Contract by'notifying the SELLER(s)and Listing Broker(s)' Tin writing n or before —� 19 ,upon which notification all deposits shall be returned to the BUYER(s). Failure to so notify will bar the'BUYER(s) from termination under this paragraph. I 6. LEADjLAW ACKNOWLEDGEMENT: BUYER(s) acknowledge receipt of the `Department of Public Health Property Transfer Notification' regarding the Lead L5N} further acl�nowledge that BUYER(s)have been verbally notified of the possible presence of lead hazards and provisions of the Lead Law and regulations,and that SELLER(s)and Broker(s)make no representations,express or implied,regarding the presence of lead. , 7. AGENCY DISCLOSURE ACKNOWLEDGEMENT: 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 the BUYER(s) and SELLER(s) of the property. 8. S L PROVISIONS: _11J Ice- 4Ai u�x K�,l ate.fix P.a 1�v . E BUYER(s)ACKNOWLEDGES THAT HE/SHE HAS NORELI D"UPN ANY WARRANTIES OR REPRE Ay TIONS NOT INCORPORATED IN THIS CONTRACT, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES AND REPRESENTATIONS, IF ANY, MADE BY EITHER THE SELLER(S) OR THE BROKER(s): NOTICE:THIS IS A LEGAL DOCUMANT THAT CREATES CERTAIN BINDING OBLIGATIONS.IF NOT UNDERSTOOD, SEEK S T CV BUYER• BUYER: This Offer is hereby accepted at.� A.M/P.M.on , 19 O SELLER: " �1� Tri R� SELLER y ADDRESS: // «�'r'� � '�. �:#' ADDRESS: This OfferAhereby acknowledged but rejected at :____A.M/P.M. on - SELLER: SELLER `7 +� *Broker(s) to be notified per clauses 4 and 5 herein: ti Eg Name Address All rights reserved. The use, distribution or reproduction of this form, in whole or in part, is permitted only by the express written consent of the Greater Salem Association of REALTORS® ,Inc. - ©G.S.A.R. 4/91 �kf M1fU'l�v V/ 7 N 0WH�19y tj NFIY,V 0,4 Tj N -o kytpyo 9 i%y o- v ` yKvlt,� Na�t> m ql.v' saa=t• nor. t 4�iatn. �ytl1 OF VEFINON J. LEBLANC No.33600 Q9 i �U-f Si l4� P � � .�� �I'iF • DI`f7 � A SG.��If I"•Z9=o" 1"6RKa9 rev, Ia °wt4 Tity of "$Aem, 'Rliassachusetts YII. (Offire of file (Lifg (IIuuncif 4 �itg?�fttll Recuudc. . COUNCILLORS-AT-LARGE DAVID B. GAUDREAULT WARD COUNCILLORS PRESIDENT 1993 1993 DONALD T. BATESDEBORAH E. BURKINSHAW GEORGE A NOWAK GEORGE P. MCCABE KEVIN R. HARVEY JANE STIRGWOLT CITY CLERK VINCENT J. FURFARO STANLEY J. USOVICZ,JR. LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M. HAYES MARK E. BLAIR August 11, 1993 Mr. Francis X. Grealish, Chairman Board of Appeal City of Salem Salem, MA 01970 Dear Mr. Chairman and members of the Board: I wish to be recorded as opposed to the petition of Edward Gilmartin for variances to allow construction of a single family dwelling at 99 Leach Street. I firmly believe that allowing the construction of this building would have a negative impact on the abutters and neighbors due to frontage and side-yard factors . This building would also be greatly disruptive to those neighbors who currently have a waterfront view. The issue of parking, of course, must always be addressed, and on-street parking would only add to the congestion of the area, and should not be allowed. Very truly �yours, 4 dee ID B. GAUD EAULT COUNCIL PRESIDENT COUNCILLOR WARD FIVE (11i#k of n1em, aR��x�s�ich�zsetts yla (Office of the (Litg Touncil RfcutiNF COUNCILLORS-AT-LARGE DAVID B. GAUDREAULT WARD COUNCILLORS PRESIDENT 7993 1993 DONALD T. BATES DEBORAH E. BURKINSHAW GEORGE A NOWAY KEVIN R.HARVEY GEORGE P. MCCABE F- CITY CLERK VINCENT J..O'L AARO JANE STIRGWOLT LEONARD F. 'LEARY STANLEY J.USOVICZ,JR. DAVID B.GAUDREAULT SARAH M. HAYES MARK E. BLAIR August 11, 1993 Mr. Francis X. Grealish, Chairman Board of Appeal City of Salem Salem, MA 01970 Dear Mr. Chairman and members of the Board: I wish to be recorded as opposed to the petition of Edward Gilmartin for variances to allow construction of a single family dwelling at 99 Leach Street. I firmly believe that allowing the construction of this building would have a negative impact on the abutters and neighbors due to frontage and side-yard factors . This building would also be greatly disruptivetive to those neighbors who currently have a waterfront view. The issue of parking, of course, must always be addressed, and on-street parking would only add to the congestion of the area, and should not be allowed. Very -truly yours, AcCca���tEAI'Zer DAVID B. GAUD EAULT COUNCIL PRESIDENT COUNCILLOR WARD FIVE APPEAL CASE NO. .. .. .. .. .. .. .. .. .. .. . .. ��� �' t'ats TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land lo ted at NO. . . . . . 99. . e . . . . . . . . . . . . . .. . . . . . . . . . Street; Zonino DistrictR?te . . . . . . . . . .. . .. . „ . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . : and said parcei is affected by Section(s) , . . ... .. . .. . . . . . of the Massachusetts State Building Code. 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 � r �� N rl0 N �p W r N C Ln The Application for Permit was denied by the Inspector of Buildings for the Moll wing reasons: 4 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: Variances from lot size, side. setback and frontage to allow construction of a 11 story, single family dwelling a W C o a co wy w C, N J M v vii ca w _j ¢o Owner. .Maurice, Rousseau co . . . . . . .. Address.! 1 Sunnyvale Street. Telephone. 508-927-5878, , ,,, ,,,,, , ,, Petitioner. Edward :'Gilmartin, ,, ,.,, . . . .. . .. .. . . .. .. Address.?A .R9ean Ape;i , Salem,, ,, ,, ,, ,, Date. . 722/93,,,, ,, ,,, , , 744-0730 Telephoner. . . .. . . .. . ..... .... .. ... ... .... . .. By.... . .L .. . . .......... .. . ... 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. NO.................................... PETITION 10 BOARD OF APPEAIS LOCA I[ON IT I TONER.................. ....................... ADDRESS....................... ....................... CONDI I I ONS ................................................................ PETITION APPROVED.................... ❑ DENIED......................... El .............................................. 19......... ir.X�ff• S GMS.�ifuglG �. // �� 2G p` =lf -OWH�I9-YJ( 11�A4NNY Sfr. qJ � v N N f _ J -V ' SYolif NOHb • �o'.o" &aiXtIRW •k;d� -9332.0_ t sn:pr•-Lor, I yta of VERM s J. s cEBLAr+c a4FJ SALE ,rte . OI f7 0 Af CONTRACT TO PURCHASE GREATER SALEM ASSOCIATION OF REALTORS, INC. Q EQUAL XOUYNB REALTOR® nn �' OPPORTUNITY DATE: From the office of:tr TO: Property Address _Q /S1 SEkLER(s) Town/Cit y � �nvtlt�toa.C/7. - Stale!! y �t36%O Pa J0 Approximate Lot Size Book(dL�Page Q�Registry of Deeds 1. WE HEREBY OFFER TO PAY FOR THE ABOVE-NOTED PROPERTY: of which is paid herewith as a deposit to bind this Offer �7 is to be paid as an additional deposit on or before '(d).. ' $ is to be paid at a time of delivery of the deed, by cash, cerci dor bank check (e) $ /A-.J_nr20 Total Purchase Price All &pp9its shall be held in escrow by X6My//�JlC•-O F4k .KL, as�w agent, to be duly accounted for at closing. . 2. ACCEPTANCE TERMS: //�� This Offer shall remain open until :�A.M , 19_&and may be accepted only by the SELLER(s)signing this document prior thereto where not tgmfying acceptance of this Offer.Upon acceptance by SELLER(s� this shall become the contract between the parties: otherwise, this Offer shall be considered rejected, and any deposit paid in accordance herewith returned to BUYER(s). 3. CLOSING: A good and sufficten.�Deed,con a ood and clear record and marketable title shall be delivered,by the SELLER(s),on or before :_C A. M. ' 19—Vat the appropriate Registry of Deeds,unless some other time and place are mutually agree U-t on in writ g. Time is of the essence of this Contract 4. INSPECTION; BUYER(s)' ELECTION TO TERMINATE: This Contract is subject to the right of the BUYER(s)to obtain,at the BUYER(s)'sole cost,a home inspection of the premises by consultant(s)of the BUYER(s) own choosing within ten(10) days after the SELLER(s)' execution of this Contract. If the BUYER(s)is not satisfied with the results of such inspection,this Contract may be terminated by the BUYER(s)at the BUYER(s)election,without legal or equitable recourse to any party,the parties thereby releasing each othefftom all liability under this Contract,and all deposits shall be rettrnedSQ the BUYER(s).,However,in order to elect to terminate,BUYER(s)~must notify the SELLER(s)and Listing Broker(s)*in writing,on or before the expiration of the ten(10)day inspection period,of ' BUYER(s)' intentions to so terminate; failure to so notify will bar the BUYER(s) from termination under this paragraph. In the event the BUYER(s)do not elect to have such inspection or to so terminate within ten(10)days,the SELLER(s)and the Broker(s)are hereby released from liability relating to defects in the premises which'the BUYER(s)or BUYER(s)'consul- tants(s) could reasonably discover. 5. FINANCING: This Contract is subject to the BUYER(s) o4taining a conventional fust mortgage commitment of$ FjJ�0o 's at prevailing interest rates, points and terms. If the$UYER(s)'is unable-to obtain the above-noted financing after using dili- gen efforts to do o,which'diligent efforts'shall-mean at least one application to`an institutional lender made on or before -19w,then BUYER(s)may Carminate this Contract by notifying the SELLER(s)and Listing Broker(s)* in writing nor before 19 ,upon which notification all deposits shall be returned to the BUYER(s). Failure to so notify will bar th BUYER(s) from termination under this paragraph. / 6. LEAWLAW ACKNOWLEDGEMENT: BUYER(s) acknowledge receipt of the 'Department of Public Health Property Transfer Notification' regarding the Lead' h LOW further ac nowledge that BUYER(s)have been verbally notified of the possible presence of lead hazards and provisions of the Lead Lawand regulations,and that SELLER(s)and Broker(s)make no representations,express or implied,regarding the presence of lead.` .__. R a 7. AGENCY DISCLOSURE ACKNOWLEDGEMENT: The BUYER(s)-acknowledges receipt of the notice requiredby Regulation 254 of the Code of Massachusetts Regulations, Section 2.05(15), regarding the relationship of the Broker(s) with the BUYER(s) and SELLER(s) of the property. & SPE L PROVISIONS: ..L6Y.ii THE BUYER(s)ACKNOWLEDGES THAT HE/SHE HAS NOT RELI D UP N ANY WARRANTIES OR REPRE A/ TIONS NOT INCORPORATED IN THIS CONTRACT, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES AND REPRESENTATIONS, IF ANY, MADE BY EITHER THE SELLER(s) R / HE BROKER(s): NOTICE:THIS IS A LEGAL DOCU T THAT CREATES CERTAIN BINDING OBLIGATIONS.IF NOT UNDERSTOOD, SEEK T DV BUYER" BUYER: AM o =r ` C This Offer is hereby accepted at A.M/P.M.on , 19—. m o ti SELLER: l' '`�-1/:-/'�4 `T • /'�'`� SELLER ADDRESS: ' , r;t-Trfti�1,u Vie- ;;l7 ADDRESS: c / JCS✓, . _ tV This OfferAhereby acknowledged but rejected at A.M/P.M. on SELLER: SELLER _ t' .Broker(s) to 6e notified per clauses 4 and 5 herein: - Name Address _All rights reserved. The use, distribution or reproduction of this form, in whole or in part, is permitted only by the express written consent of the Greater Salem Association of REALTORS® ,Inc. ©G.S.A.R.4/91 CONTRACT TO PURCHASE 113 GREATER SALEM ASSOCIATION OF REALTORS, INC. ruuu HOWNG REALTOR® / OPPORTUNITY DATE: From the office of:t TO: gg / La_ , Property Address�� t SI!EI�,LER(s)1��tu� Qg eB� -_ Town/City State!!L`e-Y40 - -Approximate Lot Size Book ry0 Page Q1-6'0 Registry of Deeds 1. WE HEREBY OFFER TO PAY FOR THE ABOVE-NOTED PROPERTY: ia $ iAT000 ,of which b) $ is paid herewith as a deposit to bind this Offer % ,$ is to be paid as an additional deposit on or before 191 - rf '(d) ' /$ is to be paid at a time of delivery of the deed, by cash, cer7ti6ed or bank check ,(e) $ Total Purchase Price . All 6p9Sits shall be held in escrow bye X—O )' 61` XL,�w agent, to be duly accounted for at closing._ 2. ACCEPTANCE TERMS: /� This Offer shall remain open until :�A.M , 19-qland may be accepted only by the SELLER(s)signing this document prior thereto where not signifying acceptance of this Offer.Upon acceptance by SELLER(s� this shall become the contract between the parties: otherwise, this Offer shall be considered rejected, and any deposit paid ... in accordance herewith returned to BUYER(s). 3. CLOSING: A good and sufticien.;Deed,con e3'ng a ood and clear recor and marketable title shall be delivered,by the SELLER(s),on � or before : A. M. I ,19at the appropriate Registry of Deeds,unless some other time - and place are mutually agre on in writ ng. Time is of the essence of this Contracts 4. INSPECTION; BUYER(s)' ELECTION TO TERMINATE: This Contract is subject to the right of the BUYER(s)to obtain,at the BUYER(s)'sole cost,a home inspection of the premises by consultant(s) of the BUYER(s)own choosing within ten (10)days after the SELLEII execution of this Contract. If the BUYER(s)is not satisfied with the results of such inspection,this Contract may be terminated by the BUYER(s)at the BUYER(s)election,without legal or equitable recourse to any party,the parties thereby releasing each otheeftom all liability under this Contract,and all deposits shall be returned.tQthe BUYER(s),However,in order to elect to terminate,BUYER(s)<must notify the SELLER(s)and Listing Broker(s)*in writing,on or before th'e expiration of the ten(10)day inspection period,of BUYER(s)' intentions to so terminate; failure to so notify will bar the BUYER(s) from termination under this paragraph. In the event the BUYER(s)do not elect to have such inspection or to so terminate within ten(10)days,the SELLER(s)and the Broker(s)are hereby released from liability relating to defects in the premises which-th BUYER(s)or BUYER(s)'consul-. tants(s) Gould reasonably discover. - - 5. FINANCING: This Contract is subjectto the BUYER(s) obtaining a conventional first mortgage commitment of$ SSOaU - at prevailing interest rates,points and terms. If the BUYER(s)is unable to obtain the above-noted financmg after using dili- gen efforts to do ap,which'diligent efforts'shall;mean at least one application Wan institutional lender made on or before 19_9,,�,then BUYER(s)may IeEmunate this Contract by notifying the SELLER(s)and Listing Broker(s)* w in ritin nor before 19 ,upon which notification all deposits shall be returned to the BUYER(s). Failure to so notify,will bar th BUYER(s) from termination under this paragraph. 6. LEADILAW ACKNOWLEDGEMENT: BUYBR(s)acknowledge receipt of the 'Department of Public Health Property Transfer Notification' regarding the Lead' Lai}' further acllnowledge that BUYER(s)have been verbally notified of the possible presence of lead hazards and provisions of the Lead Law and regulations,and that SELLER(s)and Broker(s)make no representations,express or implied,regarding the presence of lead. ; 7.'AGENCY DISCLOSURE ACKNOWLEDGEMENT: The BUYER(s) acknowledges receipt of the notice required by Regulation 254 of the Code of Massachusetts Regulations, SectioO.05(15), regarding the relationship of the Broker(s) with the BUYER(s) and SELLER(s) of the property. 8. SPE L PROVISIONS: gAO �E BUYER(s)ACKNOWLEDGES THAT HE/SHE HAS NOT RELI D UP N ANY WARRANTIES OR REPRE A, TIONS NOT INCORPORATED IN THIS CONTRACT, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES:. AND REPRESENTATIONS, IF ANY, MADE BY EITHER THE SELLER(s) OR THE BROKER(s): Ba, NOTICE:THIS IS A LEGAL DOCU T THAT CREATES CEATA1N BINDING OBLIGATIONS.IF NOT UNDERSTOOD, SEEK =DV BUYER• BUYER: This Offer is hereby accepted at.. _:_ A.M/P.M.on , 19 . C SELLER SELLER:' i ADDRESS: b,«r r"�ill i , ADDRESS: C,�Q This Offerhereby acknowledged but rejected at :_A.M/P.M. on t� SELLER: SELLER J�i `Broker(s) to tie notified per clauses 4 and 5 herein: -� -� Name Address'&j All rights reserved. The use, distribution or reproduction of this form, in whole or in part,is permitted only by the efepressEO written consent of the Greater Salem Association of REALTORS® ,Inc. ©GIVR. 4/91 45.00' - Plan of Land 1773 Car Garage in r? To Be Removed Salem , Mass. e� o L2P Scale 1"=20' July 26,1993 Prepared By: Vernon J. LeBlanc,PLS 161 Holten Street Danvers, MA 10.00' ' 9.00' x � � N N VERNON VER J. � 0 °' ° Prop Ido.a 6w .. Lot 538 Foundation Lot 540 F ^b�E ' 'a 26'x36' D g R 4.00' 10.00' References: 1) Plan in Book 1375 Page 1 Lot 539 2) Plan in Book 2805 Page 48 06 Zone R-2 + f Fnd Iron Rod Fnd Iron Rod ` 45.00' � Regd. prop• Area 15,000sf 4322sf Frontage 100' 45' Front Setback 15' 18.13 LEACH STREET Rear Setback 30' 30.1.1 3' 40 Feet Wide Left Setback 10' 10' Public Right Setback 10' 4' �.y O fir'r N P= jr 41r- m N � m IM I1FhloykY/ OzD 1. . • _� -owMKl9-f2�r - 131wK2�G v v `aAo po Yy.:.. o- ••.';� (ow NOME. qLB° ��'O QtI1xd6W 4 sn:pr•-t.or. i M i �K OF �Y�•iN f"ff. s cmc �Aw�Iry olf