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13 PLEASANT STREET - ZBA 13 PLEASANT STREET FATIMA HOBART BATISTA _v d -�D ofttlem, � ttssttrllusetts M �upeal Fri .I � 1u;H„ '` ,GI;r,Y.0rI DECISION ON THE PETITION OF FATIMA M. HOBART BATISTA FOR A VARIANCE AT 13 PLEASANT STREET (R-2 ) A hearing was to be held on this petition January 18 , 1995 with the following Board Members present : Stephen Tochette, Chairman; Nina Cohen, Gary Barrett, Stephen O ' Grady and Albert Hill .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 petitioner, Fatima M. Hobart Batista, requested to withdraw the petition for a Variance at 13 Pleasant Street . In a roll-call vote, the Board of Appeals voted 5-0 to allow the petition to be withdrawn without prejudice . GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE JANUARY 18, 1995 Albert C. Hill Board of Appeal DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR j SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL STEPHEN O'GRADY STEPHEN TOUCHETTE NINA V. COHEN a ASSOCIATE MEMBERS ARTHUR LEBRECQUE CONDITIONS: \zbaform\ . . . . . . . . . . . . . . . .. . . . . . . . "�- .> �IIU III �2I1PIIt. ,=�c`I$�sc'IL�IlI5PI�5 � �naru ui _.ugeiu -j 74E BOARD OF APPEALS: ,naersianed represent that e 7s - are -.�;e owners_ :f a certain parcel of land located . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .=treet: -Dnina District. . . . . . rci r—_rr� cy ceCL7 onts ) . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :na said oar__ . a '---a -.-e '3ssacnusetts State Euiidino 1-cde. ons 2scrti;ing the work proposed, ^ave been submittea to the inspector of 'Buildings in coiVce 111th Section IX A. 1 of the Zoning Ordinance. W o cocW 1 i?e- GT rn T' 4;n - The Application for Permit was denied by the Inspector of Buildings for the following reasons: ' Di reP_ c 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 toe 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: y:-e 4-e, 4-1- Or+ e 2 I S l2 e S u ,2 I ri5 C, �_n'0,rn C 2 o h, - �aI e- L- ck- c,l� S A Y,\ C� 1� o r c o n � 2 r�-� 1-7\j ^ G S"f-2V c-Yv fz-A 4-c) a`c�cl O— V Own er�li//:�m//W�.� 'I . . . . .. . .�W Addressl `P/,�fs�C�ri ,57�,SC� Tel ephone :. . . 7Z .�:a g ... . . . Petitioner. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . ,Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ace. /. 9Y By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'hree copies of the application must be filed with the Secretary of the Board of ;Dpeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . Dur :seeks arior to the meeting of the Boara of Appeals. _heck payable to The venino News. ti i I Professional Land Surveyors & Civil Engineers INSPECTION ESSEX SURVEY SERVICE. 1958 - 1986 MORTGAGE PRAT PLAN OF OSBORN PALMER 1911 - 1970 TN LOCATED IN BRADFORD & WEED 1885 • 1972 �ALEm MASS. F, I 6L TuGuL L EXtST/N4 OIv�LUNG l A(a l3 ;x z 5'a - PL EA- ;-A/V sFtec- r NOTICE:THE UNDERSIGNED UJILL NOT BE RESPONSIBLE IF THIS PLAN ' AtdYTHING IS USED FOR OTHER TH-1Y MORTGAC E r URPOSFS: tJOT FOR . PLAIJIINGS.80UNDAR LSnSPECIALENCES, PERMITS OR VARIANCES. 3I, EChristopher R. Mello, A Registered Rand Surveyor, Do Hereby Certify That The Above Mortgage - Inspection:Plot,Plan Was Prepared ,For Aly P&ELL . CDL®GT r2G In Connection With A New Mortgage And Is' Not Intended Or Represented To Be A Land Or Property Line Survey. No Corners -41`Were Set., : It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Isl`Extended Herei To The. Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. 'ThC` IAcation Of The :.Structures As Sho This Plan Has Been Prepared For AS n ..Is-'In Compliance.With The Local Appli sy RISTOPHER Conveyancing Purposes Only For The H Zoning By-Laws In Effect When Const d, R Above Party And Is Not To Be Used Wi�,h Respect To Horizontal Dimension MELLO y For Boundary Measurements. ,Requirements Or Chapter 481 Of 1987. " 1� 0.313 o } Subject Property Is Located In F ls`t Zone OnA Federal Insurance Su Admin stration Designated Flood t M SI1, 361 Hazard Area, As Per Map ZsOIG DACE: ulllvooD lgg3 Dated REFERENCE: `. BK, PG � G5 40 LOWELL STREET PEABODY, MASS. 01960 - (508)531-8121 M'a3 3` a FAX: (508) 531.5920 - � o�e.�-- 0 N � � EgR�� F ►3 F s q 19 slTo, t{ 3 1 y ✓ OF E ? till I m 0 . , ir 9166 ffEg1 B s6 • ¢ EBs ¢pye �4� k a 2 g €E € FF Es � Ut S 6' r �R R'�gEg 1 'E � I ra Its ¢¢6� Jr 04 9 4 B �$ a Bg � € � 21 g K�f �L Fr�€ � • g� � �B � R� � pR 3 � � �� E6z� S. YaB g CDP5! fit �Irq^ (gggg9 ' :i �¢E s¢€ IRLT r 06121&43 02832 Inst 393 C . {! . - - QUITCLAIM DEED 0612319302:320612 6123193 02:32 Inst 394 TRUSTEE CERTIFICATE ' t g I, John F. Nestor III, Trustee of the Nestor Family Realty Date: June".23 , 1898 g, Trust under a declaration of trust dated May I9, 1967 and recorded with Essex South District Registry of Deeds in Aook The undersigned John F. Nestor III, Trustee of the 8965, Pate 961 Nestor Family Realty Trust under a Declaration of Trust dateda for consideration paid of One Hundred Thirty Hight Thousand "4.. May 13, 1987 and recorded with Essex South District Registry - (8188,D00.00) Dollars � . of Deeds Book 8966, Page 361, hereby certifies as follows: grant 1. That he i• the sole Trustee of said Trust and is to Fatima Hobart Batista of 19 Pleasant Street. Sales, ' Essex County, Masssohueatts not the sole beneficiary; 8. That said Trust has not been altered, amended, - with Quitclaim Covenants revoked, or terminated; all of my right, title, and interest in 3. That the Trustee has been duly authorized andj '. to execute the the land in Sales, Essex County, Massachusetts, with directed by the Beneficiaries of the Trust necessary documents to sell Trust property located at 19 buildings thereon. bounded and described as follows: Pleasant Street, Salam, Naamachumetts to Fatima Hobart Beginning at a point on Pleasant Street, sixty (60) feet Batista for the sum of 8198,000.00. northwesterly from Webster Street, and thence running, I 4. That the Trustee has this day on behalf of thel NORTHNBBTSRLY: by Pleasant Street, fifty (60) feet; thence Trust executed and delivered to the Buyers all necessary documents to effectuate said sale. running NORTHEASTERLY: by land now or formerly of Smith, now or late � ., J of Marren, ninetY-six (96) feet; thence running phF. Nestor 11 Trustee and `_ SOUTHEASTERLY: by land now or into of Hunt about fifty-one ndlviduallY : (51) feet: thence running " SOUTHWESTERLY: by land formerly of Towle about one hundred COMMONWEALTH OF MASSACHUSETTS six (106) feet to Pleasant Street and the point of the Eanex,aa.- June d3 , 1999 - beginning. w� Then personally appeared the above-named John F. Being the same promises conveyed to John F. Nestor 1I19 Nestor III, Trustee and not individually, and acknowledged Trustee of the Nestor Family Realty Trust by deed of Virginia the foregoing instrument to be his free act and deed, before F. Nestor dated May 131 1987, and recorded with Essex South me. District Registry of Deeds, Book 8965, Page 357. See also the Estate of John F. Nestor, Essex Probate Docket No. 940034. ary Public , ..� f WITNESS my hand and seal this W'9 day of June, 1999.Not " My Commission expires: GCT•. } Commonwealth of Massachusetts 3 j Bseex,es. June 1999 Then personally appeared the above-named John F. Nestor III, Trustee, and not individually. and acknowledged - - " the foregoing instrument to be his free act and deed before me. N ter Public Y dt 9 NY Comm. expires: UrT. if 1'-U mW 4 i fl AAM; k X '