36 LORING AVENUE - ZBA (2) 36 Loring Ave. R_2
Merthon, Gustavo, Ana & Carol
Manion P
s
6
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Chi of -`�ztlem, 4&zsachusetts
'Buttra of ,Au#reul
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Cdtwg 2 sz Py '9V
CITY OF Ss OFFICE
CCfRKSsC FM ESS
DECISION ON THE PETITION OF MERTHON, GUSTAVO, ANA & CAROL MANON FOR A
VARIANCE AT 36 LORING AVENUE (R-2)
A hearing on this petition was held June 15, 1994 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Stephen O'Grady, Albert Hill and Nina Cohen. 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.
The Board of Appeal at the request of petitioners Attorney, Henry A.
Lucas, Jr. voted unanimously 5-0 to grant petitioners leave to
withdraw this petition for a Variance to convert a two family
dwelling into a three family dwelling in this Residential Two Family
District.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
June 15, 1995
Step en C. Touchette, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED. WITH THE PLANNING BOARD AND
THE CITY CLERK.
Chi of �ttlem, 'Tassachuscite
M
3oQ� �nttrD of �u}Tettl
C
TY FSSC ,
CL fRK fSOF���F SS
DECISION ON THE PETITION OF MERTHON, GUSTAVO, ANA & CAROL MANON FOR A
VARIANCE AT 36 LORING AVENUE (R-2)
A hearing on this petition was held June 15, 1994 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Stephen O'Grady, Albert Hill and Nina Cohen. 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.
The Board of Appeal at the request of petitioners Attorney, Henry A.
Lucas, Jr. voted unanimously 5-0 to grant petitioners leave to
withdraw this petition for a Variance to convert a two family
dwelling into a three family dwelling in this Residential Two Family
District.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
June 15, 1995
ASteDen C. Touchette, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED. WITH THE PLANNING BOARD AND
THE CITY CLERK.
���``°� (I�it� of �ttlem, ��ttssttclTusetts
3
.,4 �Rottra of Aupenl
Jtw 19
CC y�SA�sq2�' �
OIERKSSo FHICASS
DECISION ON THE PETITION OF MERTHON, GUSTAVO, ANA & CAROL MANON FOR A
VARIANCE AT 36 LORING AVENUE (R-2)
A hearing on this petition was held June 15, 1994 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Stephen O'Grady, Albert Hill and Nina Cohen. 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.
The Board of Appeal at the request of petitioners Attorney, Henry A.
Lucas, Jr. voted unanimously 5-0 to grant petitioners leave to
withdraw this petition for a Variance to convert a two family
dwelling into a three family dwelling in this Residential Two Family
District.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
June 15, 1995
Stephen C. Touchette, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED. WITH THE PLANNING BOARD AND
THE CITY CLERK.
PETITIONER DATE OF HEARING / �S
J LO
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND It
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL /
STEPHEN O'GRADY
STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
NINA V. COHEN
ARTHUR LEBRECQUE
CONDITIONS:
Ic
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r. Paurb of `Apprai
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TO THE BOARD OF APPEALS:
he Undersignea represent that they i4 are :he owners of a certain cartel or land located
c 10. . . . 3.6. .Lorinq Avenue , . . . y x; Zoning District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�rixshec3dasresm�tsxS�m�xdumd�z�x�n#max
:��kgt�sc�ektxxg;�gs�aazbt�x�s�$�d;x�u�x��xsarbr¢2i;t�bc:�42x$�Ifx�Ct�stsOczancw.cxBaxud�xngscxcc
axSc4F�#k��Xkh9E���i�i��I#xIK.�4x25�xifQr`l�gx�es xctceas
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��R xf �#�>tRSt xf;@iCx&0d'Rht$�4ii�Sx�6Ck1>E�xlitYc�1;xb3lD:pR 6143X}[R fc�tEd�Sf k995x�SMc>�Rk 6ri9147[t�
XARSOM:
This is a direct appeal.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance an�6acx£4¢ecatgx&adec�dRXaCl�6Ctx3CiG�DRlikt#ScA£xB6td�2ffia3gax8oc
�R6t5€ + x3c4csdR®bdat�ak�mc£6sac �msid}cxba3a7d19xamcfX#2idy as the enforcement of said
Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: The petitioners request a variance from the use
regulations of the Salem Zoning Ordinance in order to allow the use
of the premises as a three family residence.
See attachment. .
Owner.tdexthon llanon, . C1UstaVA .B.. a•Ianon
Ana el. idanon and Carol Ann i•Ianon
Address. .36 . Lozi ng. A%,exuQ, . aaleuL,iia. . . .
Telephone. . . .(.5.Q 8) . .7.45-6.97.6. . . . . . . . . . . . . . .
Attorney for
Petitioner. . . . . .4QPr.y . A•. .Lucaa . . Jx. . . . . .
Address. .133. I4ashingto .Street,. ,44IPI4.
Date. . April 6, 1994. . . . TelepOCTp . � . . .4$ �.4 -�$G�. . . . . . . . . . . . . . .
By. iyL. . . . . . . . . . . . . . . . . . . . . . .
lry ! Lucas , Jr.
Three copies of the application must be filed with tb�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.
The petitioners' property is located directly across the street on
Loring Avenue from the main entrance to Rainbow Terrace and is
presently used as a two family residence . There are a significant
number of multi-family and business uses within the general
neighborhood.
The petitioners' proposed use of the premises as a three family
residence is consistent with the general neighborhood. The
petitioners' are able to provide adequate parking for five
automobiles on the premises . Two garages are located in the
basement of the property and a parking area is located at the rear
of the premises containing approximately 1, 050 square feet, to
which access is available over a portion of a private way from
Charles Street .
The petitioners propose to convert that portion of the premises
located on the third floor which does not presently contain a
kitchen and bathroom into a self-sufficient studio type apartment,
as shown on the plan submitted herewith.
The petitioners' inability to utilize the third floor as a separate
living area in conjunction with their present use and occupation of
the first floor apartment located within the premises represents a
personal and financial hardship .
In light of the above, the petitioners respectfully request the
Board of Appeals to grant the requested relief .
A prior petition seeking the same relief was withdrawn without
prejudice on 9/15/93 .
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IVIUM-I (l,AGE INSPECTION
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION : SALEM, MASS . NOTES:
SCALE : 1" = 20 FT. DATE JUNE 21 . 1993 •This is a Mortgage Inspection survey and not an
--------- ---- - - -- instrument survey,therefore this plot plan is for
REFERENCE DEED BK_ + 10097 PG. + 261 ...... mortgage inspection purposes only.
RECORDED- IN- THE ESSEX SOUTH •This survey is based on survey marks of others.
.......... . .. . .. ... .....
1014T,-RF6.XSTR' OF -MPA ...... .... .... • Bushes, shrubs,fences and tree lines do not
To . . . . .. . . . ..... ... .... ... ......... .............5D . /Nle°-. 410 ello/ /�iv/0 necessarily indicate property lines.
•Inmyprofessionalopinionthebuilding(s)arenotlocated
The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D.
local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey
j from violation enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
Lo-r Z A/
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11OTE: CAM66S and
RASEtAEN•T r-LOO9
L(✓//j c'vA(2r62S ABOVE A,. = 4T3Z SF
0 I 's 2
GAI
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15 -Z Jo--Z"
2 5-rY \Jo
k>= 36
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5-0,
cot
LaRIf�1C� ��lE7.lUE
36 CORING AVENUE -
SCALE a. up /
DRAWN BY GUS MANON
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V DATE OF HEARING �b "
PETITIONER
LOCATION R ? 7
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE Gia SECOND r7 f
ROLL CALL PRESENT RANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
STEPHEN O'GRADY ,
STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
NINA V. COHEN
ARTHUR LEBRECQUE
CONDITIONS:
CITY OF SALEM
BOARD OF APPEALS
I - 745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
GUSTAVO,ANA&CAROL MANON for a Variance
j to convert a two family to a three family dwelling
at 36 LORING AVENUE (R-2). Said hearing to
be held WEDNESDAY, MAY 18, 1994 AT 6:00
P.M., ONE SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40832
CITY OF SALEM
BOARD OF APPEALS
j 745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
GUSTAVO,ANA&CAROL MANON for a Variance
to convert a two family to a three family dwelling
at 36 LORING AVENUE (R-2). Said hearing to
be held WEDNESDAY, MAY 18, 1994 AT 6:00
P.M., ONE SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40832
CITY OF SALEM
BOARD OF APPEALS
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
GUSTAVO,ANA&CAROL MANON for a Variance
to convert a two family to a three family dwelling
at 36 LORING AVENUE (11-2). Said hearing to
be held WEDNESDAY, MAY 18, 1994 AT 6:00
P.M., ONE SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40832
�I CITY OF SALEM
BOARD OF APPEALS
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
GUSTAVO,ANA&CAROL MANON for a Variance
to convert a two family to a three family dwelling
at 36 LORING AVENUE (R-2). Said hearing to
j be held WEDNESDAY, MAY 18, 1994 AT 6:00
P.M., ONE SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
j May 4, 11, 1994 SN40832
CITY OF SALEM
BOARD OF APPEALS
I - 745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
GUSTAVO,ANA&CAROL MANON for a Variance
to convert a two family to a three family dwelling
at 36 CORING AVENUE (R-2). Said hearing to
I. be held WEDNESDAY, MAY 18, 1994 AT 6:00
! P.M., ONE SALEM GREEN, 2nd Floor.
! STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40832
CITY OF SALEM
BOARD OF APPEALS
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by MERTHON,
I GUSTAVO,ANA&CAROL MANON for a Variance
to convert a two family to a three family dwelling
at 36 LORING AVENUE (R-2). Said hearing to
,I be held WEDNESDAY, MAY 18, 1994 AT 6:00
P.M., ONE SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40832
I
APPEAL CASE NO. . . . . . . . . . . .. .. . . . . . . . . .
Ctu of �$ttlrm, mi tts�ttzllusPffs
- �Rvarl3 of 'A"ral
TO THE BOARD OF APPEALS:
The Undersiggned represent that the Y iN are the owners of a certain parcel of land located
at NO:. . . 36 ,Loring Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sgi Zonina District. . . . . .
R-2. . . . . . . . . . . . . . . . . . . . . . . . . . . : a �5ii3lx�tkx�cf�€ kk�€C #x �t . . . . . . . . . . . . . . . .
o�fx�ac�sgs�Q�tsxSd}mtex �zrxgc���x
��sr�scxfrekba�g;x� xiscupos��x:twos; �axsa�ti�ts�c#�2xx�Nrs�sec��x�fxB�d�i��cacc
aK-R kr,,405i Ak*X*mig MK4XY4Kx1x;Sy.xi gMcr "x@z&wamae,
r
>d#�R � �AStxfa�xBcQr��itc�r6xs#�k�edxb�€cxx6ass��a6�aa�c��x�a��k�x��c�ita� l:to�nq
This is a direct appeal.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance as¢ cxisecs3cdo�sgx&arc:a�@ ��tx3�7pRRic443��:kxBa�a�kiastsx
B6tx3ccR�>daafci ��ecxtRicGcX»xz4xat4c #�t as the enforcement of said
Zoning By-Laws wWxBwNjd:i gc)E=dat 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:
The petitioners request a variance from the use ._ .
regulations of the Salem Zoning Ordinance in order to allow the use
of the premises as a three family residence.
See attachment.
Owner.lie ctho n. .i iano n, . G"t ama .i7;.. i•ianon
Ana i4. 1ianon and Carol Ann idanon
Address. 36 .Loxing. Avenue, . aale",.44L. . . .
Telephone. . . .(5.Q8) . .7.457J6.9.76. . . . . . . . . . . . . . .
Attorney for
Petitioner. . . . . .i3enx.Y. .A.•. .lucaa , . Jx. . . . . .
Address. .133. Xasbingt .1oi trp_et,. .Salerfl. i•i
Date. . April 6. 1994
Tel . �$� 4 R 6�. . . . . . . . . . . . . . .
By.
Henr Lucas, r.
Three copies of the application pp t n m ust be filed with the Secretary of he 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 017 APPEALS
LOCA"PION
ION
..................... ........... .......-..... ...............
PF II II ON E R.....
ADDRESS.._..... ... .. ..... . ...... ...........
........... ......... .... ...............
CONDI I IONS
.......... ............... ...... ......... ...........
................ .........-.........
.....................I.........I-................... ..........
......................... ..................................
............ ............ .. .............. ................
.................................................................
PETITION APPROVED....................
DENIED....._ .................
.......................-... ................. 19.........
The petitioners' property is located directly across the street on
Loring Avenue from the main entrance to Rainbow Terrace and is
presently used as a two family residence. There are a significant
number of multi-family and business uses within the general
neighborhood.
The petitioners' proposed use of the premises as a three .family
residence is consistent with the general neighborhood. The
petitioners' are able to provide adequate parking for five
automobiles on the premises . Two garages are located in the
basement of the property and a parking area is located at the rear
of the premises containing approximately 1, 050 square feet, to
which access is available over a portion of a private way from
Charles Street .
The petitioners propose to convert that portion of the premises
located on the third floor which does not presently contain a
kitchen and bathroom into a self-sufficient studio type apartment,
as shown on the plan submitted herewith.
The petitioners' inability to utilize the third floor as a separate
living area in conjunction with their present use and occupation of
the first floor apartment located within the premises represents a
personal and financial hardship.
In light of the above, the petitioners respectfully request the
Board of Appeals to grant the requested relief .
A prior petition seeking the same relief was withdrawn without
prejudice on 9/15/93 .
m
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RrrL L WA�L OV. . . . . . . . . . . . . .
1,
(9fto n of '�'57-niem, ussar4useffs
TO THE BOARD OF APPEALS:
The Undersi99nea represent that they i4 are the owners of a certain parcel of land located
at JO. . . . 36 .Lorinq Avenue XAtW4t; . pnina District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
o}ixth�cicl$ gs�tax5xda�3�zrxgc�$�x
��kaastxEek4md�b�rxg:�sxi�tdtxs�d:x*nax� n:xsaxhw.tiktC�tbc�42x5h@x�CtSS�ee�mx�fxBaxod�ro�sxRR
�Sck�#f{��h�iffikh9�'e�i��l#x{K.}4xS7�x2i�`E�;;�Fngxu�x�dr x�2nIIc
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x��t5ccidA�
This is a direct appeal.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance ax$ nc4secsx&o�ec�aRXb2�txCgexid> 1tic49scYa�fxBaid�kkias3axScx
R¢t5Px3cczdRPbda35ciac��ac �sidx�taaxbua�iz9xxu tit as the enforcement of said
Zoning By-Laws a�rWxRudAidKn)6z>le 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: The petitioners request a variance from the use
regulations of the Salem Zoning Ordinance in order to allow the use
of the premises as a three family residence.
See attachment.
Owner.Menthon. .idanon, .GustavA ,t3,, •lanae
Ana bi. Idanon and Carol Ann i•lanon
Address. .36 . Lozing. Avenue, . aale;a,ivia. . . .
Telephone. . . .(5.48) . 3,4575.47.6. . . . . . . . . . . . . . .
Attorney for
Petitioner. . . . . .iienxy. .A•. .Lucaa , . ,lx. . . . . .
Address. .133. Alashingto .5traet,. .Sa1ppl, bi
Date. . April 6, 1994
Telep 49 ?.4 — .$62.. . . . . . . . . . . . . .
By. . . . .. . . . . . . . . . . . . . .
my Lucas, Jr.
Three copies of the application must be filed with t 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.
The petitioners' property is located directly across the street on
Loring Avenue from the main entrance to Rainbow Terrace and is
presently used as a two family residence . There are a significant
number of multi-family and business uses within the general
neighborhood.
The petitioners' proposed use of the premises as a three family
residence is consistent with the general neighborhood. The
petitioners' are able to provide adequate parking for five
automobiles on the premises . Two garages are located in the
basement of the property and a parking area is located at the rear
of the premises containing approximately 1, 050 square feet, to
which access is available over a portion of a private way from
Charles Street .
The petitioners propose to convert that portion of the premises
located on the third floor which does not presently contain a
kitchen and bathroom into a self-sufficient studio type apartment,
as shown on the plan submitted herewith.
The petitioners' inability to utilize the third floor as a separate
living area in conjunction with their present use and occupation of
the first floor apartment located within the premises represents a
personal and financial hardship.
In light of the above, the petitioners respectfully request the
Board of Appeals to grant the requested relief .
A prior petition seeking the same relief was withdrawn without
prejudice on 9/15/93 .
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MUM uAUE INSPECTION
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION _ SALEM. MASS. NOTES:
SCALE : I" = 20 FT. DATE : JUNE 21 . 1993 •This is a Mortgage Inspection survey and not an
.......... .... ...•--- -'-••• instrument survey,therefore this plot plan is for
REFERENCE DEED BK. + 10097 PG. • 261 ----- mortgage inspection purposes only.
RECORDED- I.N.• THE- ESSEX_SOUTH- --- ------- •This survey is based on survey marks of others.
D.I&T,.RK6 ZSTRY OF -QEEPS ...... .... .... • Bushes,shrubs,fences and tree lines do not
. u�� �M iL°.. /¢ C�E4/%'4/ necessarily indicate property lines.
To
�C A1,1 •In my professional opinion the building(s)are not located
The location of the building(s) as shown,either complied with the in the special flood hazard zone,as defined by H.U.D.
local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey
from violation enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
w
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450'00'
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aASEmEN-T FL002
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MUk d iAGE NSPEC I IC
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION : _ SALEM. MASS. NOTES:
------------••------
SCALE : I° = 20 FT. DATE : JUNE 21 . 1993 •This is a Mortgage Inspection survey and not an
--- ------ ----------- ------ instrument survey,therefore this plot plan is for
REFERENCE t DEED BK_ + 10097 PG. + 261 ••• mortgage inspection purposes only.
- --• -
RECORDED. IN• THE ESSEX SOUTH •This survey is based on survey marks of others.
D14T,-RKs XSTR OF .QZEPA .......... .••• •Bushes, shrubs,fences and tree lines do not
Lan
5D :, L iL°lC/¢c, e�E,b %/�v/0 necessarily indicate property lines:
-•_ -- --•---- -- •In my professional opinion the buildings)are not located
f the building(s) as shown;either complied with the in the special flood hazard zone, as defined by H.U.D.
et backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey
enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines.
ection 7. •Offsets shown are approximate by tape survey.
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