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1 & 3 SUMNER ROAD - ZBA I & 3 Sumner Road R-1 Michael Connor — - — — -- — - Eleanor Sanderson -- c� O 9 7 \i� (gag of *Ulem, �fflassuchusetts Aire Lleparta,eat �teabquartrre 'Qcnexr. , 48 Pfagette �freet Joseph F. Sullivan Salem, 4Ha. 01970 Chief City of Salem Date October 16, 1991 Board of Appeal One Salem Green RE: 1 and 3 Si=er Road Michael 1 Connor The Salem Fire Departnent has no objection to the granting of a Special Permit and/or Variance to allow: the property to be divided. subject to the following conditions: 1- This property (has no) (i**:fta) compliance with the provisions of the Massachusetts General Laws, Chapter 148, Section 26E, relative to the installation of automatic smoke detectors. 2- Plans for the proposed construction are to be presented to the Salem Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massa- chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa- chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws relative to fire and public safety. 4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire Prevention Bureau upon completion of the work. Norman P. LaPointe Fire Inspector CC: file applicant �i#v of "Salem, w5suchusef#s s ire Pepartmerrt Yeaaquartcra uanc 48 Pfgcttc trcef 4airrn, �u. 01970 Joseph F. Sullivan Chief City of Salem Date: October 16, 1991 Board of Appeal One Salem Green RE: 1 and 1 Rumner RoadRum. Michail Clonnor 'lite Salem Fire Department has no objection to the granting of a Special Permit and/or Variance to allow: the property to be divided. subject to the following conditions: 1- This property (has no) compliance with the provisions of the Massachusetts General Laws, Chapter 148, Section 26E, relative to the installation of automatic smoke detectors. 2- Plans for the proposed construction are to be presented to the Salem Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massa- chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa- chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws relative to fire and public safety. 4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire Prevention Bureau upon oonpletion of the work. Norman P. LaPointe Fire Inspector CC: file applicant g Titg of Salem, 'Mttssadjusetts -., _.:• 'vs Poarb of Appeal November 5, 1991 Notice is hereby given that as of October 30, 1991 the decision of the Board of Appeal has been filed in the Office of the City Clerk to grant the petition of Michael Connor and Eleanor Sanderson for Variances at 1 & 3 Sumner Road to allow the transfer of approximately Q 2589 square feet of land in the rear of 1 Sumner Rd. which is owned by Eleanor Sanderson to 3 Sumner Rd. which is owned by Michael Connor. BOARD OF APPEAL Brenda M. Sumrall C1erk,Board of Appeal Appeal from this'decision,H tiny,shall tie made pursuant to Sectroll'>r1'10 the Mass- General Laws, Chapter 808,and shall be filed within 20 after the date of filing of this decision in the office of the city Clerk. Pursuer,' General Laws, chapter 808, section 11, the variance or `?Delia! ^.i" eranted herein shall not take effect unti! a =17 0f 1118 decision, b trio, the certification of the city Clerk that 20 da-;have elapsed and no �.ppe.;l has been filed,or that,If such apse^t ">',11011 filed, that it has been dismisseG or denied is recorded in th,. south Ess c Registry of Deeds and indexed under the name or the owner of record or is recorded and noted •:i the owner's certificate of Title. BOARD OF APPEAL f DATE OF HEARING 1'6 6�J� PETITIONER LOCATION �hiYi2J MOTION: TO GRANT SECOND C TO DENY c7— SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT / DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENCAL JOSEPH CORRENTI_ RICHARD''FEBONIO EDWARD LUZINSKI MARY JANE STIRGWOLT l ASSOCIATE MEMBERS / RONALD PLANTS ✓ ARTHUR LABRECOUE CONDITIONS: / �. of �ttlem, ��usstttljusetts F� Boara of rAupcnl OCT 'Ji, 014 1:i tc DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON FOR VARIANCES AT 1 & 3 SUMNER ROAD (R-1 ) A hearing on this petition was held October 16, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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. Petitioners are requesting variances to allow the property to be divided so as to allow the transfer of approximately 2589 sq. ft. land in the rear of 1 Sumner Rd. , which is owned by Eleanor Sanderson to 3 Sumner Road, which is owned by Michael Connor. Both parcels are located in an R-1 zone. The Variances which have 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 lands, buildings or structures in the same 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. 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 . The petitioner, Michael Connor, wishes to divide the lot per plans and dimensions submitted, thus adding + 2589 sq.ft. to his lot at 3 Sumner Road. 2. The lot at 3 Sumner Road is unique in size, shape and grade in that it is located on a hill with steep ledge along the back lot line and only one means of ingress to his house from the street. 3. That the petitioner, Eleanor Sanderson, who is selling the + 2589 sq.ft. to Michael Connor, testified that the area in question is used by Mr. Connor anyway as a driveway/parking space. 4. That the abutters testified that petitioner and petitioner's predecessors in title have used that area in question to park for the past 30 years. 5. That there was no opposition to the petition. DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON FOR VARIANCES AT 1 & 3 SUMNER ROAD, 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 exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioners. 3. The Variances requested can 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 Appeal voted unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. That all requirements of the Salem Fire Department and the Salem Fire Prevention Bureau be strictly adhered to. 3. That the approval of any other Board or Commission which might have jurisdiction is to be obtained. Variances Granted October 16, 1991 Jos h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 'M.pea f From this decision, if any, shall be made pursuant to Section 17 61 the P.:.ss. Ccneral Lav s, Cloptcr 808, and shall be filed within 20 lays af,c !!,` data of filin'; of this decision in the office of the City Ccfk- n, lo Mt—,z. Gener.il Laws, Ch..?ter 503, Section 11, the Variance c, ^]i.a Fermd r-„nted hr.rcin shall oot YJ<o e:r_Ct::n,l a Copy of CU e'�,:ixan, Locrin? the certification of tln Ci:v CP:ric ;!::ht 2.0 days have rlan;e:d and no cppeol h,a becn fi!;.d, or that, if such appeal has been file;, that it has been dlsmisccu or denied is record::d in the Sr.uth Essex Registry of Dceds an.1 indexed under the name or the owner of record or Is receded and noted an the owner's Certificate of Title, n p -y BOARD OF APPEAL' r n- n, GD (n f r CUU of �ttlem, � ussttcljusetts F -Sourd of 'Appeal OCT 'Ju 6'4 C L_ - DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON FOR VARIANCES AT 1 & 3 SUMNER ROAD (R-1 ) A hearing on this petition was held October 16, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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. Petitioners are requesting variances to allow the property to be divided so as to allow the transfer of approximately 2589 sq. ft. land in the rear of 1 Sumner Rd. , which is owned by Eleanor Sanderson to 3 Sumner Road, which is owned by Michael Connor. Both parcels are located in an R-1 zone. The Variances which have 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 lands, buildings or structures in the same 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. 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 . The petitioner, Michael Connor, wishes to divide the lot per plans and dimensions submitted, thus adding + 2589 sq.ft. to his lot at 3 Sumner Road. 2. The lot at 3 Sumner Road is unique in size, shape and grade in that it is located on a hill with steep ledge along the back lot line and only one means of ingress to his house from the street. 3. That the petitioner, Eleanor Sanderson, who is selling the + 2589 sq.ft. to Michael Connor, testified that the area in question is used by Mr. Connor anyway as a driveway/parking space. 4. That the abutters testified that petitioner and petitioner's predecessors in title have used that area in question to park for the past 30 years. 5. That there was no opposition to the petition. r DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON FOR VARIANCES AT 1 & 3 SUMNER ROAD, 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 exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioners. 3. The Variances requested can 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 Appeal voted unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. That all requirements of the Salem Fire Department and the Salem Fire Prevention Bureau be strictly adhered to. 3. That the approval of any other Board or Commission which might have jurisdiction is to be obtained. Variances Granted October 16, 1991 3 e! �lel'SpA/ Jos h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ,tcgm::f From tris decision, if any, shall be made pursuant to Sec@on 17 in Vic P.ss. General La:vs, Ctcptcr 808, and shall be filed within 20 clays aGcr t::` data of fiiiiy7 of this decision in the office of the City Clerk. f-�r^ ^� .o tJ�:-se. General La,vs, Ch.ohnr 803, Section 11, the Variance c' e:.a Pcrmd * orated hrr^ht s wil not Y.Iee e`.t_ct antll a copy of L'r! an, Lc--n3 the certif;cation of tli� CY,v Cl-. tL•dt 20 days have rlaes,;d and no cppeal he3 been f..:d, or that, if such appeal has been Hae,, L'iat it has been e.smisse..i or denied is recorded in the Snuth Essex Registry of Deeds and indexed under the name or the owner of record oi- ls rIs recc.ded and noted on the owner's Certificate of Title. n O BOARD OF APPEALS �= Y _ .. C , _ o c; um 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 Michael Connor for variances to allow property at 1 and 3 Sumner Road to be divided.(R-1).Said hearing to be held Wednesday, October 16, 1991 at 7:00 P.M., One Salem Green, 2nd floor. Chairman RICHARD A. BENCAL, October 2, 9, 1991 s Y s Y Y Y Y Y Y { Y Y Y Y-�-; Y Y Y Y r i r Y Y ♦ Y Y Y Y Y Y Y Y Y Y Y Y Y Y f CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing Cor all persons inter- ested in the petition submitted by Michael Connor for variances to allow property at 1 and 3 Sumner Road to be divided.(11-1). Said hearing to be held Wednesday, October 16, 1991 at 7:66 P.M., One Salem Green, 2nd floor. RICHARD A. BENCAL, Chairman October 2, 9, 1991 r . , , . . . , x . . . . . . . , 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 Michael Connor for variances to allow property at 1 and 3 Sumner Road to be divided. (R-1).Said hearing to be held Wednesday, October 16, 1991 at 7:00 P.M., One Salem Green, 2nd floor. RICHARD A. BENCAL, Chairman October 2, 9, 1991 �T1TrfTfI I i i iviii i i ��-r��"-�' .� i APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of "'54ttlem, 'Massadjus>et#s �Bnttrb rrf '�Pveal TO THE BOARD OF APPEALS: The Undersigned represent that heis are the owners of a certain parcel of land lo c ted at NO. . . L .t�h a. . . . . . u�4. . . .. .A. . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . and said parcel 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. «t n-c m vi c � U- co U, 'D W u N O �CD CL' ? De Appj4catildn for Permit was denied by the Inspector of Buildings for the following reasons: � 7 �cj a''P�e a 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: II q /-t, Y czti d 4 l! lfav1 IML �C. S' T In e G. e 3 s k— 0.//aw �I`au5ito� aJ © vOrt �(, 2S 5 4a L,, o(A, 05?UkC /01i; Owner. . . �(eake t-. . . . A` . �K s.ol?. . . . . . . . Address. . . tZ. . . . u e�. . . .�:. . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. �. . .� . . . 60h,ke6 . . . . . Address. . 3. . .�jra ti <.v. . 1:. . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . Telephone. ��/y-.�. 3 3/13 . . . . . . . . . . . . . . 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. I NO.................................... PETITION TO BOARD OF APPEALS LOCATION ................................................................ PEI-1I 10 N E R.......................................... ADDRESS............................................... ....................... ........................ CONDII IONS ............................ .................................... ........................ ....................................... ................................................................ ................................................................. ................................................................. ................................................................. PETITION APPROVED.................... ❑ DENIED......................... ...................................................1 19......... x 11t 1 of �IlCrit, lassuthusett5 3 'js'pFc fire Department �itabquartrra uaKc 48 'JURettF `*trrrt Joseph F. Sullivan saLem, Ma_ 01970 Chief City of Salem Date: October 16, 1991 Board of Appeal One Salem Green RE: 1 and 3 Sunmr goad Mi Cbae-1 Comor The Salem Fire Department has no objection to the granting of a Special Permit and/or Variance- to allow: the property to be divided. subject to the following conditions: 1- This property (has no) ( tt4k) compliance with the provisions of the Massachusetts General Laws, Chapter 148, Section 26E, relative to the installation of automatic smoke detectors. 2- Plans for the proposed construction are to be presented to the Salem Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massa- chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa- chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws relative to fire and public safety. 4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire Prevention Bureau upon completion of the work. -Z71gned, Norman P. LaPointe Fire Inspector CC: file applicant APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . Ctv of 'Salem, 'Massac4usefts 19attrb of S� Gp�yg TO THE BOARD OF APPEALS: The Undersigned reprwesent that he is are the owners of a certain parcel of land lo t�d at NO. . . .I .� ��: . . 3. . . .* "nen - / . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District..— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel 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. Ln «1 = "t;' cr) ;,v, u- LO - g GV'�i fny ;v r cn r � J [i1 The Application for Permit was denied by the Inspector of Buildings for the following reasons: 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: Amy 0.�- d ala r`akc.e -e 9sC� v 1> GL(�oW dL'Ve� ��� dJ� ,/J�c��� � )j 3 �✓ hou (� Owner. /G . . . .. . o�. . . . . .. . . . ....S aL . . . . . . . . . Address. . .-I- 51q.,,, . . .�`J`.f'. . . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. �i.�`c�� ��. . /-�. . .0°G ti UZ Address. . S`` ti' �J`). . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . 7�/y— 7?�3. . . . . . . . . . . . . . . . . . . . By. . .5k�`�. .—k . . . . . . . . . . . . . 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 TO BOARD OF APPEALS LOCATION ..............I......................... .................. PETITIONER...............-........................ ADDRESS...................... ........................ ................................................ CONDITIONS ........................... .................................... ........................ ....................................... ............................... ............................... ................................................................. ...................................................... ............................................................ .PETITION APPROVED.................... ❑ DENIED......................... .............................................1 19......... 49'_ Pei 9EFe- '91 1'3:09 J �Er,E�Et AGREEMENT made this 4L21'day of 411&1 1990, by and between Eleanor F. Sanderson of Salem, Essex County, Commonwealth of Massachusetts, hereinafter referred to as "Sanderson" and Michael R. Connor and Carol A. Connor of Salem, Essex County, Commonwealth of Massachusetts, hereinafter referred to as "Connor" . WITNESSETH: \� `a'HEREAS, the parties hereinabove referred are abutters to certain property located on Sumner Road, Salem, Essex County, Massachusetts, and. WHEREAS, a portion of land presently owned by Ccrnor includes +wt an asphalt parking area and an area in which clotheslines are located and a land area abutting same, and WHEREAS, an issue has been raised as to the ownership cZ said area of land, and WHEREAS, said disputed area is shown as the shaded area on a plot plan attached hereto and marked "Exhibit A" , and WHEREAS, the parties are desirous of eliminating and removing any title issues surrounding said property. NOW, THEREFORE, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, the receipt of which i.s hereby acknowledged one to the other, the parties agree as follows : 1. Connor shall have such engineering done as is necessary to properly describe the land area which is the basis of this Agreement. t' 1-617-322-2501 f-AMERCH ENC¢E. INC. 453 P02 SPP 05 9l 18:t_ra L. Uj1V+1 v - ------- - apply for such variances as are necessary within the City of Salem, in order to allow the transfer of any rights Sanderson has in said area to Connor. 3. Upon applicatioin for and receipt of variances or other permit as Sanderson or Connor may need, Sanderson shall transfer any and all rights, title and interest she may have in said premises to Connor. 4. Connor shall pay to Sanderson the amount of one Thousand ($1.000. 00 ) Dollars and further shall be responsible for any and all necessary engineering, legal and related expenses for the completion and performance of the obligations herein.. S. The parties agree that time is of the essence and desire to complete said transaction and transfer such title within one hundred twenty (120 ) days from execution hereof . 6. In the event an extension of time is necessary in order for all aspects of the Agreement to be completed, then the parties agree to extend the performance date to such date as is necessary to complete the provisions and agreements of this transaction. 7. In the event that a variance is not able to be obtained, then at Connors' option, said Agreement shall be declared null and void. Signed and sealed this day of / 1990. C E eanor F_ Sanderson t'ichael R. Connor Carol A. Connor 1-61 'c1-?5ni CAfIEP011 BFC-_. IHC. 493 P03 SEP 05 '91 18: 10 COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 1990 Then personally appeared the above-named Eleanor F. Sanderson and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 1990 Then personally appeared the above-named Michael R. Connor and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss . , 1990 Then personally appeared the above-named Carol P. Connor and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public My commission expires: ti I '.�="� � k-ea.35'f._�5ac .,y;:_•,�.,.w..1.; ��.v�k[=its_ _ =�n,x -.�tir.�::� .., APPEAL CASE NO. . . . . . . . . .. .. . . ... . . . . . . ... ditg of "Sttiem, cfflttssar4usetts Wourb of �yprz l TO THE BOARD OF APPEALS: The Undersigned represent that he js are the owners of a certain parcel of land lo ted at NO. . . A .and. .3. . . .�44�.�`. .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel 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 IXX A. 1 of the Zoning Ordinance. Y✓ eIr to e el con 0_ n r o tS9. N " L o r• .1 O C fl ?-a nZ O UjCC N C:1 tt ge Appl�tcati�'n for Permit was denied by the Inspector of Buildings for the following reasons: 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: II mak , At, y cik od/ d IrU65 �`a�n ar7' O o� < /—(, 4-S -s �at✓ �,. . 0k dkstd Owner. . . .. . . .Sak ^� �f.°h. . . . . . . . s �� �� II Address. . . . . . . . . . . . �.5.. . . . . . . . . . Telephone. . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . .. Q �.. Petitioner. �t� p L .. . . .. . . . .. . • • • ` . .. . . . . . .. . . .. Date. . . . . . . . . . . . . . . . . . . . . . Telephone. �c/5 -.7. 33. . . . . .. . . . . . . . . Three copies of the application must be filed with the Secretaryofthe Boardof" 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 g r �.._ oi 1-517-321-2501 --HNEP.ON BP.OS. II.1C. 495 Pot .EP 05 '91 15:0'9 AGREEMENT AGREEMENT made this 4, day of , 1990, by and between Eleanor F. Sanderson of Salem, Essex County, Commonwealth of Massachusetts, hereinafter referred to as "Sanderson" and Michael R. Connor and Carol A. Connor of Salem, Essex County, Commonwealth of Massachusetts, hereinafter referred to as "Connor" . WITNESSETH: WHEREAS, the parties hereinabove referred are abutters to certain property located on Sumner Road, Salem, Essex County, Massachusetts, and WHEREAS, a portion of land presently owned by Connor includes an asphalt parking area and an area in which clotheslines are located and a land area abutting same, and WHEREAS, an issue has been raised as to the ownership of said area of land, and WHEREAS, said disputed area is shown as the shaded area on a plot plan attached hereto and marked "Exhibit A" , and WHEREAS, the parties are desirous of eliminating and removing any title issues surrounding said property. NOW, THEREFORE, in consideration of the sum of One ( 51.00) Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged one to the other, the parties agree as follows: 1. Connor shall have such engineering done as is necessary to properly describe the land area which is the basis of this Agreement. S JSP-._GS `i CI'S L• uhwvviuNi cr���s j;=:.�IIJC� 6PP1Y for such variances asare c41 1 necessary within the City of Salem, in order to allow the transfer of any rights Sanderson area to Connor. has in said 3. Upon aPPlicatioin for and receipt of variances or other Permit as Sanderson or Connor may need. Sanderson transfer any shall I'd all rights, title and interest she may have in said premises to Connor. 4. Connor shall pay to Sanderson the amount of One Thousand ($1.000.00 ) Dollars and further shall be responsible for any and all 1. necessary engineering, legal and related expenses for the compltion and performance of the obligations herein. e 5• The parties agree that time is of the essence and desire to complete said transaction and transfer such title within one hundred twenty (120 ) days from execution hereof. 6. In the event an extension of time is necessary in order for all aspects of the Agreement to be completed, then the parties, agree to extend the performance date to such date as is necessary to complete the provisions and agreements of this transaction. 7- In the event that a variance is not able to be obtained, then at Connors ' option, said Agreement shall be declared null and void, Signed and sealed this day of - _ 1990. - - ge - Sanderson _ Michael R Connor Carol A 1 �"i1� Connor 1-61 --21- 5:31 r:RIEPON SP.OS. INC. 453 P:=:_ SEP cis '91 18: 1=: COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 1990 Then personally appeared the above-named Eleanor F. Sanderson and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. 1990 Then personally appeared the above-named Michael R. Connor and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. , 1990 Then personally appeared the above-named Carol A. Connor and acknowledged the foregoing instrument to be her free act and deed, before me, Notary Public - My commission expires: s• t dtO��Sr /. i3F�" 9 hc' r 54 '•ktir+`Rr. S _.. "(THIS::RLAN WAS 'NEV�Rt�ECO;RD�D, IT '�S`rON".�iLE>A`s� �t �:. TH'E SALEM ENG (NEERS OFfICE } - ' - NO PART OF L ( ? .6 .. PL. BK. 22 ,.P`r..,24 0 � AR10 P� PO ZA OExG �ON N/F E ER. 0 t 22 OO\k\S gAg NIP N69 — 19 — 19W .� 132.72 60,72 1 L l, 2. 00 0 LOT 4B z ,a 9589s.1 LOT', A `N42.e I 9156 s.f. NFIy `OT ` / 70. 38 o /V _ Z Lj as L) Wcl N -m r / 1949 LOT 4A , tSEE DETAIL 06 7806; s f ��A11 3 S w m � o v o I — 0 M (O O y t0 N i 1 L165;t2 STY RES.NOO, - 154= / 3.7! �s6OF- 29 -OOE 75. 00 % —S60 -29 -OOE 60. 00' i "•y `'x�� 1 ,� of b - ; t Ib V 11010 5810 �' 9 sG 0 � L ✓ : "N 5 P A R K I N G • `� �� O 1 Og0 o^ t39 Ip 19c flu \0 0.5 s =O O9,.300 TO 69 - C35 101 7 2 711 + r 9 soo ( m 0 7,000 f / I�/l—JI l.lbdC - _ 11170 � A � .� � 103 66 6T �. 66 6/s/ I mn r 61 22 0 6,600 6020 /tJ 59 14,600 ,6 0 ?�99 [�. 114 AC ❑ 63 64 / ROAD MON` F� q 55 T5 19 33 R 0 f STATION ,� so r 5O 50 5 50 - 0 Sp ' — • _�5�_ 5, e a l 54 2 51 ❑ 540 �. ❑ 5 7150 A: 7yvh F o /� i IJ [571 5.x0 5 000 000 r� 1 X26 3 o a o",.i„ e,i r 5g 55 0 55 5 ao x z49( 0,a„ 5000 , 5,00') 106 334 . 116 _/6500-S 1 WI ^ F 1.197 DECISION ON THE PETITION OF-114 c-hAS�(, ( wAJO -- FOR A VARIANCE AT 3 5VM1 �—`/L A hearing on this petition was held on OC!V eA- with the following Board Members )CiGAnzb &,Ver,9[ 5-riR present* /1 ,vf� /p!(.{ipQAT1QJ/Vjp �'oN�� f� and Joseph C. Correnti . 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 in this '1 -zone. The variance 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 and 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing makes the following findings of fact : ?"010- w 14,� *-Apr 2 . a�7 -Av � 3 . YD 5��,����`;.�lry �Aef-:. 4 . Qz- o O 5 . Wherefore, the Zoning Board of Appeals voted to ,!/4 the variance requested subject to the following conditioffs : a . 5- —F��e J , 3 . 4 . 5 . Bo d of AppeyaG�� o eph C. Correnti, Secretary