133 1/2 NORTH STREET - ZBA i7 -
s
ti Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978.7459595,EM.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by CHAZ FISHER requesting a
Special Permit to alter a non-con-
forming structure and a Variance
from number of stories to construct
third floor dormer for the property
(located at 133 1/2 North Street R-2.
Said hearing will be held on Wednes-
day, November 16,2005, 6:30 p.m., 3
120 Washington Street, 3rd floor,
loom 313.
Nina Cohen,Chairman
(11@,9)
CITY OF SALEM, MASSACHUSETTS
• BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR CLEfiK S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-743-9595
FAX: 978-740-9846
2006 FEB 10 A 9: 0b
DECISION OF THE PETITION OF CHAZ FISHER REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 %NORTH
STREET R-2
A hearing of this petition was held on February 8, 2006 with the following Board
Members present:Nina Cohen, Chairman, Robin Stein,Richard Dionne,Nicholas
Helides and Edward Moriarty.Notice of this 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 haws Chapter 40A.
The petitioner is requesting a Special Permit to alter a non-conforming structure and a
Variance from the number of stories to construct third floor dormer for the property
located at 133 %North Street located in an R-2 zone.
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. Petitioner Chaz Fisher appeared and presented the petition.
2. Mr. Fisher opened this petition at a prior meeting of the Zoning Board of Appeals
on November 16, 2005.
3. At the November 16th meeting a neighbor representing the condominiums
abutting the driveway of Mr. Fisher property, expressed support for the
renovation, but concern over access and parking.
4. Zoning Board Members expressed concern and dismay over the current poor
condition of the property.
5. Mr. Fisher asserted that it was his intention to renovate the property.
6. The details of the renovations and request were reviewed and discussion focused
on the expansion of living space for the existing second floor units onto the third
floor which is currently functionally obsolescent. The renovated third floor space
could serve as additional bedrooms for more occupants.
Ci ur Lcti. MA
DECISION OF THE PETITION OF CHAZ FISHER REQUESTING A VARIANCE OFFICE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 %NORTH
STREET R-2
page two 11606 FEB 10 A 9: 01
7. The petition was continued to this evening's meeting after Mr. Fisher asserted that
there was sufficient onsite parking for the grandfathered existing four residential
units. The board requested a parking plan.
8. Mr. Fisher asserted that the property current zoning status is a grandfathered 4
family use.
9. Mr. Fisher asserted that he had contacted and obtained the support of his City
Councillor, Paul Prevey.No letter of communication was received from Mr.
Prevey and he was not present.
10. A hand drawn parking plan on a plot plan from an unidentified source was
presented. The drawing showed six parking spaces.
11. Mr. Fisher stated that he has presently received a demolition permit for I unit
from the City.
12. Mr. Fisher reviewed the plans for construction with the Board providing detail
on the new room configuration, room size,and asserting that the foot print of
the building would not change.
13. Mr.Fisher specified that his request is for a special permit to construct a room
dormer which will change the roof lines.
14. Mr. Fisher asserted that there will be no detriment to his neighbors.
15. Mr. Fisher asserted that by changing the pitch of the roof to a softer pitch
there will be a benefit to this neighbors concerning water ater runoff.
16. Mr.
Fisher asserted that b renovating the units he
Y 8 will then be able to attract
better tenants.
17. Mr. Fisher discussed room sizes and dimensions.
18. Board member Robin Stein commented on the definition of hardship and the
threshold for asserting it.
19. Board Member Nick Helides commented on the need to address the impact of
expanding the non conforming use.
20. Mary Woodcock spoke in opposition to the request and inquired of the status
of current foreclosure proceedings.
21. Mr. Fisher admitted to financial difficulty and stated that he had a construction
loan commitment that was subject to the results of this petition.
22. Board Member Nick Helides inquired from the Building Inspector if the parking
plan would meet current city requirements. After discussion it was determined
that it would not, based on the 14.4' width and the impact of a proposed
designated parking spot at the drive entrance restricting access to less than the
requirement.
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.
l' ia'��ii,, MA
DECISION OF THE PETTFION OF CHAZ FISHER REQUESTING A 4 F I CE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 '/2 NORTH
STREET R-2
page three
2GOb FEB 10 A 9: 01
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance & Special Permit /' V
Denied
February 8,2006
Nicholas Helides�5c,+
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 of 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 Certificate of
Title.
Board of Appeal
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MOTES: (1) verification' of property line Oimena:ons.ewld:nq Of,eblance;o, at conligarotmn may only
be accomplished by on accurate instrument survey
(Z) This plan -a' not made for reeord:nq Durposu, 10, ufe in p,epa6n, deed Oeacripeans o,
for construction purposes.
(J) This plan is for -.riga,. Durpoae' only.
(e) Flood Hazard Zone has been determined by scale and is not necessarily accurate. Until
definitive plena nee issued by M!J.O. and/.r c venica contra: survey b penoemeo. an
accurate determination cannot be made.
\ MORTGAGE INSPECTION PLOT PLAN Original Scale: I inch - :3C) feet
DECELLE ENGINEERING AND SURVEY,INC
20A BRANCH STREET Date
QUINCY,MA 02169 Location,
I certify lo�Zyr-r•,a•r\ �ar C,i Tl,
that the existing dwelling shown on this plan is located on the lot as Reference
designated. It is my professional opinion that the dwelling was either
to compliance with the applicable horizontal dimensional requirements
of the municipality when constructed, or is exempt from enforcementSS�)C •� Registry of Deed,
action under GL Title VII, Chapter 40A, Section 7, unless otherwise
noted. To the best of my knowledge and belief, the dwelling shown Deed Book:i G4G Dead Page 5o��,,5_I_
on this plan 1SNoT located within a special flood hazard area as plan Boak:360 OP
delineated. r— ° ��l-
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SMAY 16 2011
SAVAGE, LLP
DEPT OF PLANNING&
A Limited Liability Partnership I COMMUNITY DEVELOPMENT
Reply to:Pawtucket,RI office
May 13, 2011
Zoning Board of Appeals
120 Washington Street, 3rd Floor
Salem, MA 01970
RE: Chaz R. Fisher
133 1/2 North Street, Salem, MA
File No.: 5502330
Dear Madam or Sir:
Enclosed is a copy of a mortgagee's notice of foreclosure sale which indicates that the
above-referenced property is to be sold at a foreclosure sale to be held at the time and place set forth
therein.
This notice is being sent to you because a title report indicates that you have an interest in
the above-referenced property.
If you have any questions,please do not hesitate to contact this office.
U yours,
Sean P. y, Esq.
SPM/jxg
enclosure
Certified Mail R/R/R
and Regular Mail
3S2 Newbury Street 1080 Main Street One North Broadway,Suite 1004
Boston,MA 02115 Pawtucket,Rl 02860 White Plains,NY 10601
p 617.267.7000 p 401.272.1400 p 914.946.1888
f 617.267.7011. 401.272.1403 / 914.946.1822 .
A'.Af rr N
www . shsIaw,f,irm . com
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
Premises: 133 1/2 North Street, Salem, MA
By virtue and in execution of the Power of Sale contained in a certain mortgage given by
Chaz R. Fisher to Mortgage Electronic Registration Systems,Inc. as nominee for Fremont
Investment&Loan and now held by HSBC Bank USA,National Association, as Trustee under
the Pooling and Servicing Agreement dated as of December 1,2006,Fremont Home Loan
Trust 2006-E, said mortgage dated August 2, 2006, and recorded with the Essex County(Southern
District)Registry of Deeds in Book 25978,Page 271,for breach of the conditions in said mortgage
and for the purpose of foreclosing the same will be sold at Public Auction on June 13,2011 at
11:00 a.m. Local Time upon the premises,all and singular the premises described in said
mortgage,to wit:
The land in said Salem with buildings thereon,situated at 133.5 North Street, hounded
and described as follows:
NORTHEASTERLY by North Sired, fourteen and four tenths (14,4) (cot;
SOUTI4EASTERLY by Land now or late of Symondo,one hundred fifty-sovon(157)
feet,
SOUTHWESTERLY by Lnnd or late of Eaton and Dennis, fifty-six and five tenths
(56.5)feet;
NORTHWESTERLY by land by Wyman sixty-Five (65).that;
NORTHEASTERLY by Lot A on plan hereinnficr mentioned,seventeen(I7)feet;
NORTHERLY_ by said Got A twenty-nine and seven tenths(29.7) feet,
NORTHWES'MRLY by Lot A, sixty-nine(69) feet.
Being lot B on 'Plan of Land owned by Sabastain Cugno, Salem, MA.May 1948,
Osborn Palmer, C.E." recorded with Esscx South Disn-ict Itebistry of Deeds Book 3607
Page 565.
The description of the property contained in the mortgage shall control in the event of a
typographical error in this publication.
For Mortgagor's Title see deed recorded in the Essex County(Southern District)Registry of
Deeds,in Book 20631, Page 182.
TERMS OF SALE: Said premises will be sold and conveyed subject to all liens,
encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take
precedence over the said mortgage above described.
FIVE THOUSAND ($5,000.00)Dollars of the purchase price must be paid in cash,certified
check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The
balance of the purchase puce shall be paid in cash, certified check, bank treasurer's or cashier's
check within thirty(30) days after the date of sale.
Other terms to be announced at the sale.
Shechtman Halperin Savage,LLP
1080 Main Street
Pawtucket, RI 02860
Attorney for HSBC Bank USA,National
Association,as Trustee under the Pooling and
Servicing Agreement dated as of December 1,
2006,Fremont Home Loan Trust 2006-E
Present Holder of the Mortgage
(401)272-1400