12 WILLISTON STREET - ZBA Gi
12 WILLSON STREET R2/B4
h JOSEPH REITHER
Legal Notice
CITY OF SALEM.
BOARD OF APPEAL'
Will hold a public.hearing for all
persons interested in the petition sub-
mitted by JOSEPH - REITHER
_requesting an Administrative Ruling t
on the decision of the Zoning Officer
as.to the legal use for the property .
located at 12'WILLSON STREET
(112/131): Said hearing to be held
WEDNESDAY, SEPTEMBER 17,
1997 at 6:30 P.M., ONE SALEM
GREEN,2nd floor.
Gary Barrett,Chairman
(9/3,10) 1 i
'r]
f1�it of 'Salem, �fflU55ndlimetts
�4 ' �ourb of &Au}tezil r 3
Fss
DECISION ON THE PETITION OF JOSEPH REITHER FOR AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT
12 WILLSON STREET (R-2\B1 )
A hearing on this petition was held September 17 , 1997 ,
with the following Board Members present ; Nina Cohen,
Albert Hill , Joseph Ywuc and Richard Dionne . 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 an Administrative Ruling in
accordance with Massachusetts General Law 40A, Section 8 .
The undersigned disagrees with the determination of the
Zoning Enforcement Officer as to the legal use of the
dwelling located at 12 Willson Street .
More specifically, the petitioner request the Board of
Appeal to overturn the Zoning Officer ' s finding that the
legal use of the property as being a single family
dwelling.
The Board of Appeal , after careful consideration of the
evidence presented at the hearing, makes the following
finding of fact :
1 . Attorney Kevin Daly of 32 Church Street represented
the petitioner.
2 . Petitioner sought a ruling pursuant of MGL c. 40A,
Section 8 , overturning the Zoning Officer ' s finding
of July 11 , 1997 , that the legal use of the property
at 12 Willson Street was as a single family dwelling.
3 . The Board heard testimony by City Coucillors John
Donahue and Kevin Harvey, stating that the previous
owner of the property applied for a waiver from
frontage requirements to the City' s Planning Board .
According to the City Councillors , the waiver as
granted upon the condition that the property would
become available for a single family dwelling only .
The councillors ' testimony was corroborated by a copy
of the hearing transcript submitted to the Board .
4 . Testimony by an abutter, Wayne Malionek, 6 Willson St .
stated that years ago the sellers told him they would
request permission to allow a single family dwelling
on the lot . On the basis of this understanding, Mr .
DECISION OF THE PETITION OF JOSEPH REITHER FOR AN ;y
ADMINISTRATIVE RULING AT 12 WILLSON STREET J "7 �{
page two
C.
Malionek did not raise an objection when the property
owners petitioned this Board to sever their property
and create a buildable lot .
5 . A petition was submitted with 12 names in opposition
to the owner to convert property into a two family
dwelling.
Therefore , based on the above findings of fact and on the
evidence presented , the Salem Zoning Board of Appeal voted
unanimously, 4-0 to oppose the petitioners request for an
Administrative ruling regarding the legal use of the
property . \
Nina Cohen , Member
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 Massachusetts General Laws , 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 Massachusetts General Laws 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
elapsed and no appeal has been filed , or that , if such
appeal has been filed, that is 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
DALY & DALY
ATTORNEYS AT LAW '
32 CHURCH STREET - - -
SALEM,.MASSACHUSETIS 01970 .
KEVIN T. DALY TELEPHONE (508) 745-0500 OF COUNSEL
MARGARET DALY CRATEAU FAX (508) 745-6606 .RICHARD E. DALY
October 8, 1997
Certified Mail No. : P '544 345 623
City of Salem, Board of Appeal
c/o Building Inspector' s Office
1 Salem Green
Salem, MA 01970
ATTENTION: Ms . Sally Murtagh
RE: Reither vs. Salem Board of Appeal
Essex Superior Court No. : 97-1944-B
Dear Ms . Murtagh:
Relative to the above-named matter, please find
enclosed copies of the Complaint and 'cover sheet which have
been filed with the Essex Superior Court. Joseph Reither
hereby appeals the decision of ,the Board filed on September
23, 1997 with the Office of the City Clerk.
Thank you for your attention to this matter.
Very truly yours,
KEVIN T. DALY
KTD/km
Enclosures
cc: Mr. Joseph Reither
COMMONWEALTH OF MASSACHUSETTS /
ESSEX, ss. SUPERIOR COURT
CIVIL ACTION
No. 97-1944 B
JOSEPH REITHER,
.. ...............................-----..........•-----------------..-....•--•----------------,Plaintiff(s)
U.
CITY OF SALEM BOARD OF APPEAL et. al
----------------------•--••--•-------------.....----..------..............---------------.....----------•-----..,Defendant(s)
JUDGMENT
This action came on for (ffilil) (hearing) before the court, ROSEMAN, J,
presiding, and the issues having been duly (7MvA) (heard) and findings having been duly rendered,
It is ORDERED and ADJuDCED.:
( X }IlHBd�ffi XXI;K441M1dAxM
t
X)IICY$rI{X�i4}�f}${XX
�C�7C7�IOIX74RS�X11287@PRFiE}LAf}CA�714!}[):X
(that the plaintiff JOSEPH REITHER, take nothing, that the action
be dismissed on the merits, and that the defendant CITY OF SALEM BOARD OF APPEAL, et. rggover of the
plaintiff JOSEPH REITHER, i sts costs of action.)
Dated at SALEM Massachusetts, this 15th day of MAY
19 98 .
Deputy Anistant Clerk
Jl
MRCP Form 32 7-74-5000 D
COMMONWEALTH OF MASSACHUSETTS
ESSEX, sH. SUPERIOR COURT
CIVIL ACTION NO. 97-1944B
JOSEPH REITHER
Vs.
CITY OF SALEM BOARD OF APPEAL and others
MEMORANDUM OF DECISION AND ORDER ON
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
In this action, plaintiff, John Reither, seeks review of the
defendant City .of Salem Board of Appeal's denial of plaintiff's
application to convert a single family house into a two-family
dwelling. For the following reasons, plaintiff's motion for
summary judgment is DENIED.
BACKGROUND
From 1941 to October, 1996, Ms. Cecile Berube ("Berube") owned
land measuring 100' by 100' at Willson Street in Salem. On May 26,
1994, she requested a variance from the defendant, the City of
Salem Board of Appeals (the "Board of Appeals") , to subdivide the
land into two 100' by 50' parcels, which are now 18 Willson ("Lot
A") and 12 Willson Street ("Lot B") . Lot B lies in a B-1 business
neighborhood district, which includes among permissible uses both
single and two family dwellings. Berube sought the variance -.
pursuant to the Salem Zoning Ordinance Section 6, Table 2 , which
governs business rather than residential districts. The Board of
Appeals allowed Berube's variance, subject to the conditions that,
inter alia, Berube "comply with all city and state statutes,
ordinances, codes and regulations" and that she obtain approval
Members of the City of Salem Board of Appeals, Nina Cohen,
Albert Hill , Joseph Ywuc and Richard Dionne
from the Planning Board. In its decision, the Board of Appeals did
not state that Lot B was restricted to single family dwellings.
As required by the Board of Appeals, Berube also petitioned
the Salem Planning Board (the "Planning Board") to waive the
frontage requirements for Lot B. After conducting a public
hearing, the Planning Board issued a written decision on October
14, 1994 allowing the waiver on condition that Lot B be used for
residential use only. The decision did not mention whether the
property's use was restricted to a single family dwelling.
In September, 1996, plaintiff purchased Lot B from Ms. Berube,
and subsequently moved a single family house onto Lot B. In July,
1997, plaintiff requested from the Salem Building Department the
permits required to convert the house into a two family dwelling.
On July 11, 1997, the Salem Zoning Enforcement Officer denied
plaintiff's applications for permits and stated that, "It is the
feeling of this department that the Board of Appeals' ruling on the
subdivision of 12 Willson Street was for two legal single family
dwellings. "
Plaintiff petitioned the Board of Appeals for an
administrative ruling pursuant to M.G.L. c. 40A, s. 8 overturning
the Zoning Enforcement Officer's determination. After hearing, the
Board , of Appeals denied the relief requested by plaintiff, who
timely filed this action pursuant to M.G. L. c. 40A, s. 17 seeking
judicial review of the decision of the Board of Appeals. Plaintiff
now moves for summary judgment.
2
DISCUSSION
The parties agree that the only question for this Court is
whether the variance and waiver granted to Berube permit or
restrict the use of a two family dwelling on plaintiff's property.
To prevail in his motion, plaintiff must establish "by
credible evidence from his affidavits and other supporting
materials that there is no genuine issue of material fact and that
he is entitled, as a matter of law, to a judgment. " Community
National Bank v. Dawes, 369 Mass. 550, 554 (1976) .
In interpreting the decisions of the Salem zoning authorities
in this case, " [t]he question is not what the [authorities] may
[have] want[ed] to do but whether reasonable persons examining the
. formal records could ascertain that a particular action had been
taken. " J. & R. Investment. Inc. v. City Clerk of New Bedford, 28
Mass.App. Ct. 1, 5 (1989) .
Plaintiff claims that the Board of Appeals' decision should be
overturned because two family dwellings were not explicitly
prohibited by either the zoning ordinance governing B-1 districts
or by the city authorities when they acted upon Berube's variance
and waiver petitions. This interpretation of the applicable
regulations and rulings is, in this Court's judgment, flawed.
Berube sought the variance pursuant to Table 2 of Section 6,
the zoning ordinance governing business rather than residential
districts. Plaintiff's 5, 000 square foot property does not satisfy
the density requirements for two family residences set forth in the
ordinance regulating residential property, Table 1, which mandates
3
r
a minimum parcel of 15, 000 square feet. In her petitions, Berube
did not ask either the Board of Appeals or the Planning Board to
exempt the property from residential use density . requirments.2
Accordingly, city authorities did not have to address whether the
subject property would be restricted to single family or two family
use, and their silence on this point does not compel the conclusion
that plaintiff has the right to use the premises as a two family
dwelling.
Nor can plaintiff prevail by arguing that, as a bona fide
purchaser, he is entitled to use his property as a two family
dwelling because no single family restriction appears of record.
Neither of the cases cited by plaintiff support his contention that
he is entitled to an exemption not expressly addressed by the
zoning authorities in deciding Berube's petitions for a variance
and waiver. See Gamer v. zoning Board of Anneals of Newton, 346
Mass. 648, 650 (1964) (land purchaser exempt from law governing
minimium area of contiguous lots in common ownership where
purchaser had no record notice of common ownership of contiguous
lots) ; Belmont v. Massachusetts Amusement Corporation, 333 Mass'.
565, 571 (1956) (real estate buyer not bound by deed restriction not
on record) . The court afforded relief to plaintiffs in Gamer and
Belmont where affirmative facts existed but did not appear of
record. In contrast, plaintiff is not entitled ,to relief on the
2 Although plaintiff's parcel does not satisfy the density
requirements set forth in Table 1 for either two-family or
single-family residences, his noncompliance as a single-family
residence is a lesser deviation than it would be for a two-family
residence.
4
grounds that he had no notice that the property was not approved
for two family dwellings where permission for such use was never
sought.
ORDER
For all the foregoing reasons, it is hereby ORDERED that
Plaintiff's Motion for Summary Judgment be DENIED. It is further
ORDERED that judgment enter for defendants.
os Mw `
David M. Roseman
Justice of the Superior Court
Dated: May It , 1998
5
Trial Court of Massachusetts = c
Ia CLVi! ACTION COVER SHEET ESUPE
ssexRlOR COURT DEPARTMENT
Division _ f l 3` 4`1
PLAINTIFF(S) - DEFENDANT(S7 .�
Joseph Reither _ City of Salem Board of Appeal, 1
et al.
ATTORNEY(S)FIRM NAME.ADDRESS AND TEL.) ATTORNEY(S)(R kr n)
Kevin T. Daly, 32 Church St. , Salem, MA
(978)745-0500 1
Board of Bar Overseers k (Required) 112970 Jj
ORIGIN CODE AND TRACK DESIGNATION
Place an 'E' in one box only:
1. FOt Original Complaint lL 4. F04 District Ct. Appeal c231, s. 97 (X)
2. F02 Removal to Sup. Ct. c231, s. 104 (F) D 5. F05 Reactivated after Rescript; Relief from
3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X)
El 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
E-02 C.40, 817 Appeal ( X) ❑ Yes No
i
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
The Plaintiff hereby appeals from a decision of the City of Salem Board of Appeal
denying his request for permits to construct a two family dwelling at 12 Willson
Street, Salem, MA 01970.
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000: j
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMEN/T, D
SIGNATURE OF A,iORNEV OF RECORC OR PLAINTIFF DATE
, .
DISPOSITION RECEIVED
A. Judgment Entered B. No Judgment Entered
BY
El 1. Before jury trial or non-jury hearing 6. Transferred to District DATE
❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, DISPOSITION ENTERED j
11 3. After jury verdict s.102C.
0 4. After court finding Disposition Date BY:
❑ 5. After post trial motion DATE: 1
my 1lV AI9P
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. TRIAL COURT
SUPERIOR COURT DEPT .
DOCKET NO. r',7 - 1944
) 3
JOSEPH REITHER, )
olainL-ff )
V.
) COMPLAINT FOR
�T^VR JUDICIAL REVIEW
.._ . . C, SALEM BOARD OF APPEAL, )
AND ITS MEMBERS, NINA COHEN, )
AL.BERT HILL, JOSEPH YWUC AND )
RICH1.iRD DIONNE; )
Defendants )
i . This is a complaint for judicial review pursuant to
G. L. c. 40 A, Section 17 .
2 . The Plaintiff, Joseph Reither is the record owner of
certain real estate located at 12 Willson Street, Salem,
Massachusetts.
3 . The Defendant, City of Salem Board of Appeal
(hereinafter "Board") is the permit granting authority of the City
of Salem and duly empowered to hear appeals pursuant to G. L. c 40A,
Section. S .
4 . The remaining named Defendants are individual members of
the Board and each is a resident of the City of Salem.
h
5. On or about April 27, 1994, the Board granted a variance
to the owner of 18 Willson Street in Salem allowing a portion of 18
Willson Street, referred to as Lot B, to be subdivided and sold as
a buildable lot. Lot B is located in an R-2/B-1 Zoning District.
The variance granted contained no restriction as to the number of
dwelling units to be allowed on Lot B. Lot B became 12 Willson
Street .
^, or about October 'o, 1994 , =`e City of Salem n-_anntng i
Board^granted a waiver from frontage requirements for Lot B. This
waiver contained the restriction that Lot B be for residential use
only. The waiver contained no restriction as to the number of
dwelli_^_a ..___s to be allowed on Lot B.
i
' i
7 . The plan which was submitted to the Board and Planning
Board was duly endorsed and recorded.
8 . On or about September 16, 1996, the Plaintiff purchased
Lot B, now known as 12 Willson Street, Salem, Massachusetts.
f 1
t
I -
9. The Plaintiff has requested from the City of Salem
Zoning Enforcement Officer and Building Inspector necessary permits
for a two family dwelling at 12 Willson Street .
10 . On or about July 11, 1997, the Zoning Enforcement
Officer denied the permit request of the Plaintiff.
I
11. On or about July 17, 1997, the Plaintiff filed with the
Board a request for an administrative ruling pursuant to G. L. C.
40A, Section 8 . The Plaintiff disagreed with the determination of
the Zoning Enforcement Officer that a two family dwelling is not
allowed at 12 WiilSon Street .
12 . A hearing on the Plaintiff' s petition was held on
September 17, 1997 . The decision of the Board was filed with the i
C_ty of Salem C'lerk' s Office on September 23, 1997 . The decision
denied Plaintiff' s request to overturn the ruling of the Zoning
Enforcement Officer that a two family dwelling is not allowed at 12
Willson Street .
13 . The decision upholding the ruling of the Zoning
Enforcement Officer exceeds the authority of the Board.
I
14 . The decision upholding the ruling of the Zoning
Enforcement Officer is arbitrary, capricious and contrary to law.
WHEREFORE the Plaintiff prays as follows :
1 . That this Honorable Court reverse the decision of the
Board;
2 . That this Honorable Court order the Zoning Enforcement
Officer to issue Plaintiff the necessary permits for a two family
dwelling at 12 Willson Street; and
3. That this Honorable Court grant such other relief as
justice and equity may require.
Joseph Reither
By His Attorney,
Dated: OCtocer 7, 1997
DALY T . DALY, ESQ
DALY & DALY
II 32 Church Street
Salem, MA 01970
SBO #112970
2
COPY TO SOLITOR AND BOARD 0
APPEAL Oct. 8, 1997
a
COMMONWEALTH OF MASSACHUSETTS
{
ESSEX, ss. TRIAL COURT
SUPERIOR COURT DEPT. "
DOCKET NO. 97-1944-B
JOSEPH REITHER, )
Plaintiff ) m
) j
V
NOTICE OF ACTS
CITY OF SALEM BOARD OF APPEAL, )
AND ITS MEMBERS, NINA COHEN, ) m N
ALBERT HILL, JOSEPH YWUC AND )
RICHARD DIONNE; )
Defe4.dants )
Pursuant to M.G.L.c.40A,§17, the Plaintiff, Joseph Reither
I
hereby provides notice that an action has been commenced
i
appealing the decision of the City of Salem Board of Appeal
upholding the finding of the Zoning Enforcement Officer, by the
attached Complaint.
Joseph Reither
By His Attorney,
Dated: October 8, 1997
KEVIN T. DALY, ES
DALY & DALY
32 Church Stree
Salem, IMA 0197
(978) 745-0500
BBO #112970
Ii
Trial Court of Massachusetts - -
CR'JELV ACTION COVER SHEET SUPERIOR COURT DEPARTMENT r
�� f
Essex
Division
PLAINTIFF(S) DEFENDANT(S) Cit of Salem Board of Appeal,
Joseph Reicher Y PP >
et al.
ATTORNEYS)FIRM NAME. ADDRESS AND TEL ATTORNEY(S)(d kr )
Kevin T. Daly, 32 Church St. , Salem, MA
(978)745-0500 4
I v
Board of Bar Overseers = (Required) 112970
ORIGIN CODE AND TRACK DESIGNATION
Place an 'X in one box only:
b 1. F01 Original Complaint 4. F04 District Ct. Appeal c231. s. 97 (X)
2. F02 Removal to Sup. Ct. c231, s. 104 (F) 5. F05 Reactivated after Rescript: Relief from
E 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X)
J 6. E10 Summary process appeal (X)
X
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE.
E-02 C.40, 817 Appeal ( X) 11 ❑ Yes No
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
The Plaintiff hereby appeals from a decision of the City of Salem Board of Appeal
denying his request for permits to construct a two family dwelling at 12 Willson t
Street, Salem, MA 01970.
i
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD(THAT RECOVERY
WOULD EXCEED $25,000:
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATEDI ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
SIGNFTGRE DF OF RECCRC OR P AINTIFF
// •/J� ;
fV/ /
• • 1
DISPOSITIONRECEIVED
A. Judgment Entered B. No Judgment Entered BY:
0 1. Before jury trial or non-jury hearing 0 6. Transferred toy District a,T�
(] 2. During jury trial or non-jury hearing Court under G.L. c.231, DLFOSnON ENTERED
❑ 3. After jury verdict s.102C.
(] 4. Afte• court finding Disposition Date or.
5. After post trial motion DATE:
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . TRIAL COURT
SUPERIOR COURT DEPT.
DOCKET NO. "•i7 1941 f
I l
I
I
� ) i
JOSEPH REITHER, ) I
aln
V. )
COMPLAINT FOR t
1 CITY O_ S?i!EM BOARD OF APPEAL, JUDICIAL REVIEW )
AtiC ITS MEMBERS, NINA COHEN, )
A 3ERT HILL, JOSEPH YWUC AND )
RICHARD DIONNE; )
Defendants ) I
i )
i . This is a complaint for judicial review pursuant to !
G. L. c. 40 A, Section 17 .
2 . The Plaintiff, Joseph Reither is the record owner of I
certain real estate located at 12 Willson Street, Salem,
Massachusetts.
3. The Defendant, City of Salem Board of Appeal
(hereinafter "Board") is the permit granting authority of the City S
of Salem and duly empowered to hear appeals pursuant to G. L. c 40A, I
Section 8 .
4 . The remaining named Defendants are individual members of
the Board and each is a resident of the Citi of Salem.
5. On or about April 27, 1994, the Board granted a variance
to the owner of 18 Willson Street in Salem allowing a portion of 18
Willson Street, referred to as Lot B, to belsubdivided and sold as
a buildable lot. Lot B is_ located in an R-2/B-1 Zoning District.
The variance granted contained no restricti n as to the number of
dwelling units to be allowed on Lot B. Lot B became 12 Willson
Street.
4 r.: « P c D' r,ning
ao-cut October 6, 1994, t:.e !_y o a' em _a.._ _
3cardV grant ed a waiver from frontage re-quirements for -ot B. Th-s
waiver contained the restriction that Lot. B be for residential use
only. The waiver contained no restriction as. to the number of
dwelling units to be allowed on Lot B.
7 . The plan which was submitted to the Board and Planning
Board was duly endorsed and recorded.
8. On or about September 16, 19961 the Plaintiff purchased
Lot B, now known as 12 Willson Street, Sale Im, Massachusetts.
1
9 . The Plaintiff has requested from ithe City of Salem
Zoning Enforcement Officer and Building Inspector necessary permits
for a two family dwelling at 12 Willson Street .
i
10 . On or about July 11, 1997, the Zoning Enforcement
Officer denied the permit request of the ?laintiff .
__ . On or about July 17, 1997, the Plaintiff filed with the
Board a request for an administrative ruling pursuant to G. L. c.
40A, Sect'on 8 . The Plaintiff disagreed with the determination of ! 1
the Zoninc Enforcement Officer that a two family dwelling is not
. i
ail--wed a= 12 Willson Street .
' 12 . A hearing on the Plaintiff' s petition was held on
Secte:�ber. 17, 1997 . The decision of the Board was filed with the
amity of Salem C'lerk' s Office on Sectember 23, 1997 . The decision
� ) deniedP'_ai.^.-iff' s -equest to overturn the ,ruling of the Zcn_ng
Enforcement Officer that a two family dwelling is not allowed at 12
Willson Street.
13 . The decision upholding the ruling of the Zoning i
Enforcement Officer exceeds the authority of the Board.
i
14 . The decision upholding the ruling of the Zoning !
Enforcement Officer is arbitrary, capricious and contrary to law. i 1,
WHEREFORE the Plaintiff prays as follows:
1. That this Honorable Court reverse the decision of the I f
Board; S
2 . That this Honorable Court order the Zoning Enforcement
Officer to issue Plaintiff the necessary permits for a two family
dwelling at 12 Willson Street; and
3. That this Honorable Court grant such other relief as I i
justice and equity may require.
Joseph Reither
BIly His Attorney,
tat=_c. ct be- 997 �_
CE'v a T . Dr1 Y, S u ;sr
7ALY & DAL
Y a
32 Church Street i
Salem, MA 01970
BBO #112970
2
COPY TO SOLITOR AND BOARD 0
APPEAL Oct. 8, 1997
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. TRIAL COURT
SUPERIOR COURT DEPT.
DOCKET NO. 97-1944-B
JOSEPH REITHER, - m
Plaintiff )
v. )
o� -
NOTICE OF ACTfOV
CITY OF SALEM BOARD OF APPEAL, )
AND ITS MEMBERS, NINA COHEN, ) ^0 D �
ALBERT HILL, JOSEPH YWUC AND )
RICHARD DIONNE; )
Defendants )
Pursuant to M.G.L. c.40A, §17, the Plaintiff, Joseph Reither
hereby provides notice that an action has been commenced
appealing the decision of the City of Salem Board of Appeal
upholding the finding of the Zoning Enforcement Officer, by the
attached Complaint.
Joseph Reither
By His Attorney,
Dated: October 8, 1997
KEVIN T. DALY, ES
DALY 6 'DALY
32 Church Stree
Salem, ,MA 0197
(978) 745-0500
BBO #112970
anal Court of NiaSsachuselIs - -
'CRYIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
Essex :17
Division
PIAINT1FRS) DEFENDANT(S)Joseph Reither City of Salem Board of Appeal,
..
et al.
ATTORNEY(S)FIRM NAME. ADDRESS AND TEL.) ATTORNEY(S)(d kr n)
Kevin T. Daly, 32 Church St. , Salem, MA
(978) 745-0500
Board of Bar Overseers = (Required) 112970
ORIGIN CODE AND TRACK DESIGNATION
Place an X in one box only:
b 1. F01 Original Complaint 4. F04 District Cl. Appeal c231. s. 97 (XI
7- 2. F02 Removal to Sup. Ct. c231, s. 104 (F) 5. F05 Reactivated after Rescript Relief from
3. F03 Retransfer to Sup. Ct. c 231. s. 102C (X) judgmentiorder (Mass. R Civ. P. 60 (X)
J 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
E-02 C.40, 817 Appeal ( X) ❑ Yes F11 No
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
The Plaintiff herebv appeals from a decision of the City of Salem Board of Appeal
denying his request for permits to construct a two family dwelling at 12 Willson
Street, Salem, PSA 01970.
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000:
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT. I
J I
SiC'.AT,,RE JF ;-..E JF AiIJIF
OFFICE USE ONLY DO NOT WRITE BELOW THIS UNi
DISPOSITION RECEIVED
A. Judgment Entered B. No Judgment Entered BY:
0 1. Before jury trial or non-jury hearing 6. Transferred to District DATE
D 2. During jury trial or non-jury hearing Court under G.L. c.231, DisROSITION ENTERED
❑ 3. After jury verdict s.102C.
❑ 4. Afte• court finding Disposition Date BY.
0 5. After post trial motion DAT'
i
I
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . TRIAL COURT
SUPERIOR COURT DEPT.
DOCKET NO.
47 194"
JOSEPH REITHER, )
Plaint'-:= )
V. )
j ) COMPLAINT FOR
-:-Y 0. SA- EM BOARD OF APPEAL, ) JUDICIAL REVIEW
ANC ITS MEMBERS, NINA COHEN, )
AL37R' 3=-L, JOSEPH YATUC AND )
RI HARD =ONNE: )
Defendants )
)
1 . This is a complaint for judicial review pursuant to
G. L. c . 40 A, Section 17 .
i -
2 . The Plaintiff, Joseph Reither is the record owner of i
certain real estate located at 12 Willson Street, Salem,
Massachusetts.
3 . The Defendant, City of Salem Board of Appeal
(hereinafter "Board") is the permit granting authority of the City
of Salem and duly empowered to hear appeals pursuant to G. L. c 40A,
Section 8 .
.4 . The remaining named Defendants are individual members of
the Board and each is a resident of the City of Salem.
5 . On or about April 27,1994, the Board granted a variance
to the owner of 18 Willson Street in Salem allowing a portion of 18
Willson Street, referred to as Lot B, to be' subdivided and sold as
a buildable lot. Lot B is- located in an R-2/B-1 Zoning District.
The variance granted contained no restriction as to the number of
dwelling units to be allowed on Lot B. Lot! B became 12 Willson
Street .
cce= o, -394 , -e y of Sa_em P'_arn_ng
ecu_ ct C_t
3cardycrar.tedVa waver from frontage :ecuirements for -ot 3 . 711-s
IIwaiver contained the restriction that Lot. B be for residential use
only. The waiver contained no restriction as, to the number of
dwe-1 -`-^9 units to be allowed on Lot B.
7 . The pian which was submitted to the Board and Planning
Board was duly endorsed and recorded.
8. On or about September 16, 1996, the Plaintiff purchased
Lot B, now known as 12 Willson Street, Salem, Massachusetts.
1
i
1
9 . The Plaintiff has requested from the City of Salem
Zoning Enforcement Officer and Building Inspector necessary permits
for a two family dwelling at 12 Willson Street.
i
1C . On or about July 11, 1997, the Zoning Enforcement
Officer denied the permit request of the Plaintiff.
_ - On or about July 17, 1997, the Plaintiff filed with the
j Beard a request for an administrative ruling pursuant to G. L. C.
Iite mirat_on of
40A, Sect'_^n 8 . The Plaintiff disagreed with the de
I ; the Zgr._cq Enforcement Cf'_icer that a two family dwelling is not
allowed at __ W__==_on Street .
I � 12 . A hearing on the P'laintiff' s petition was held or,
SectemiDer 17, 1997 . The decision of the Board was filed with the
c4 --v o - Salem C'lerk' s Office on September 23, 1997 . The dec_s_en
denied request to overturn the ruling of the Zcning
i Enorcement^Officer that a two family dwelling is not allowed at 12 ;
Willson. Street . i
13 . The decision upholding the ruling of the Zoning I
Enforcement Officer exceeds the authority of the Board.
i
14 . The decision upholding the ruling of the Zoning
Enforcement Officer is arbitrary, capricious and contrary to law.
i
WHEREFORE the Plaintiff prays as follows:
1 . That this Honorable Court reverse the decision of the
Board;
2 . That this Honorable Court order the Zoning Enforcement
v___..e_ to issue Plaintiff the necessary permits for a two famJ11 y
dwelling at 12 'Willson Street; and
3. That this Honorable Court grant such other relief as
justice and equity may require.
Joseph Reither
By His Attorney,
I �
KE'v.v CAY, =Sup'.
DALY & DALY
32 Church Street i
Salem, MA 01970
BBOV#112970
2
DATE r..-...Iii G /7 Cf 7
PETITIONER
LOCATION /
POTION: -0 GRANT / SECOND AINENDFENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND _
WITHDRAW SECOND
CONTINUE SECOND
i
ROLL CALL PRESENT GRANT DENY :END WITHDRAW RE-HEAR CC
GARY M. BARREu
-ALBERT C. H!"
—iOSEPH YWU
NINA V. COHEN
RICHARD DICNNE lz
ASSOCIATE i(Ei•:BEBS
ARTHUR LEBRECl;t;E w
tit m.
6
PAUL VALASKATCIS ,, n
CONDITIONS:
We the abutters and neighbors of 12 Wilson Street support the City Building
Inspector's ruling that the house located at 12 Wilson Street should be a
one-family home. We oppose the owners attempt to convert it into a
two-family home.
Sign Name Print Name /�/Address
� l%�'/� �'(` it��/E �Z J�e✓L l /(I#'LLCj v(/ /
SZubr� 11 tJkl� Sor1
�►� �� � , So�ev^ l 7 W c � � 581
Ik)
lA/ f'
CO T
C R.
��PIINB
CITY OF SALEM - MASSACHUSETTS
ROBERTA.LEDOUX Legal Department JOHN D. KEENAN
City solicitor 93 Washington Street Assistant city Solicitor
50e-741-2111 Salem, Massachusetts 01970 50e-745-7710
July 18, 1997
Mr. Leo Tremblay
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
RE: Wilson Street
Dear Mr. Tremblay:
You have asked for my opinion as to the legal status of 12 Wilson Street as a
single or two family dwelling.
Cecile A. Berube owned the property in question together with an abutting
property on Wilson Street. She and her late husband had purchased the property as
separate lots in 1941.
In 1994 Mrs. Berube petitioned the Board of Appeals so as to allow the
subdivision of the lots into two separate lots each of 5,000 square feet. The Board of
Appeals in its wisdom granted the requested variance and the Salem Planning Board
allowed a Form A (subdivision approval not required).
Under the case of Hogan v Hayes 19 Mass. App. Ct. 399 the endorsement of
the plan would be sufficient to void the statutory provision that the variance be
exercised within one year after it is granted.
The variance allowed the petitioner to maintain two separate lots, each
considered a buildable lot. The Board of Appeals at no time stated whether or not the
petitioner could maintain the lots as single family, two family or multi-family lots.
Mr. Leo Tremblay
Page Two
July 18,1997
It is my opinion that the petitioner must seek a further definition by the Board
of Appeals as to what may be maintained on the lot.
Ver truly yours,
ROBERT A. LEDOUX
City Solicitor
cc: Ms. Deborah Burkinshaw
City Clerk
RAL/leh
File #9470.64
J
of 10$ttlrm, Massor4usrtts
Public Propertg i9epartment
iguilding Department
(One Oulrm Oreen
508-745-9595 $xt. 360
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
July 11 , 1997
Joseph Reither
43 New Ocean Street
Swampscott , Mass . 01907
RE : 12 Willson Street
Dear Mr . Reither :
This department is refusing you a permit to renovate
the house at 12 Willson Street, that was moved from 12
Boston Street to a two family dwelling.
It is the feeling of this department that the Board
of Appeals ruling on the subdivision of 12 Willson Street
was for two legal single family dwellings .
If this office can be of any further assistance in
this matter , please do not hesitate to call . '
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
]0 ;ice3r
Leo E. Tremblay
Zoning Enforcement
LET: scm
cc: Robert LeDoux
Kevin Daly
Tito of 't`§ttlem, massar4usetts
Publir 11rapertg Mepartment
Nuilding Department
(One 6aleen Torten
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 24 , 1997
Robert LeDoux
city Solicitor
Salem, Mass . 01970
RE : 12-18 Willson Street
Dear Mr . LeDoux:
Please peruse the enclosed information and render an
opinion regarding the legal status of this property
located at 12 Willson Street , to its legal status as a
single or two family dwelling.
Thank you in advance for your anticipated cooperation
in this matter .
Sincceearre/fly,
Leo E . Tremblay
Zoning Enforce Officer
LET: scm
DALY & DALY
ATTORNEYS AT LAW
32 CHURCH STREET
SALEM, MASSACHUSETTS 01970
KEVIN T. DALY TELEPHONE 15081 745-0500 OF COUNSEL
MARGARET DALY CRATEAU FAX 15081 745-6606 RICHARD E. DALY
June 17, 1997
Mr. Leo Tremblay
City of Salem, Building Inspector
1 Salem Green
Salem, MA 01970
RE: 12-18 Wilson Street
Dear Mr. Tremblay:
it is hereby requested that you obtain a legal opinion from the
City Solicitor as to the use of the structure located at 12 Wilson
Street. A check in the amount of $30. 00 is enclosed herewith as well
as copies of the variance issued by the Board of Appeal and the
application submitted by the petitioner at that time.
The present owner of 12 Wilson Street is Mr. Joseph Reither and
he wishes to use the structure at 12 Wilson. Street as a two-family
dwelling. In 1994, the prior owner of 12 Wilson Street, Mrs. Cecile
Berube petitioned the Board of Appeal for variances to allow her to
subdivide. A reading of the variance and petition of Mrs. Berube
shows the clear intent that 12 Wilson Street become a buildable lot.
Therefore, the only remaining issue is how many dwelling units
are permissible at 12 Wilson Street. In her petition, Mrs . Berube
did not request that use be limited to single family dwellings and
the decision of the Board of Aooeal also contains no such limitation.
The property is located in a B-1 zoning district which allows for all
uses permissible in R-3 zoning districts. This would allow for the
use of a two-family dwelling.
Providing that all other dimensional requirements of the zoning
ordinance are met, a two-family dwelling is a permissible use.
Please forward this information to the City Solicitor.
Thank you for your attention to this matter.
Very truly yours,
17
KEVIN T. DALY
K'I'D/km /
Enclosure
cc: Robert Ledoux, Esquire
Joseph Reither
r
(E It CT of 15211£m, 4E555ZIL111I5£ft5
ozuwl -6nura of Appeal Har to 2 :s rJ '9�
c.
ss
DECISION C'; THE PET:T:ON CF CHILE .:. 3ERUBE
FOR VARIANCES AT 13 WILLSON STREET (R-2/B-11
hearing on this petition was held April 1994 -with the following Boarc
members present: Stephen Touchette, Acting Chairman: Stephen O'Grady, Gary
3arrett . Associate 'embers ?Nina Cohen and Arthur Labrecque. Notice of the
hearing was sent to abutters and others and notices of the hearing were
properly published 'in the Salem Evening "yews in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting Variances from density and
setbacks,specifically, with respect the lot shown as Lot A on the plan
submitted, petitioner requests 5,000 sq. ft. lot size and area per dwelling
unit. 50 foot frontage and side vard of six ( 6) feet on easterly boundary
of ' or .; :n order to allow existing garage to remain. '.with respect to the
of shown as Lot B on the plan submitted petitioner is requesting 5,000
sq. ft. lot size and 50 foot frontage. Property is located in an R-2/B-1
district .
The Variance which has 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 and structures involved.
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 . "here was no opposition to the petition.
_ . There was neighborhood support in the form of seven f ') Ietters from
neighbors and abutters .
Petitioner and her 'ate husband purchased the property as two f2 )
separate lots.
of 3 was never built on as the petitioner and her late husband had
intended this lot to be soldincase of anv financial circumstances that
.Y
Could arise . Over the years these lots have .^-erged.
CECISICN CN THE PETITION IF CECILE A. BERUBE FOR
VARIANCES A, 13 WILLSON STREET. SALEM
page two
nar LD 2 ss 'y
On the basis of the above ::ridings of fact, and en the .evidence presentA
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 provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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, 3-0 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. Property to be divided in strict accordance with the plans and
dimensions submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4 . Petitioner is to obtain approval from any City Board of Commission
having jurisdiction, including, but not limited to, the Planning Board.
Variance Granted
April 27, 1994
Nina V. Cohen, Associate Member
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 Massachusetts General Laws 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 Massachusetts General Laws 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 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 cf record
or is recorded and noted on the owner's Certificate of Title.
Board of appeal
APPEAL CASE NO. . . . . . . . . . . . . .
�aurn ai yugPai
TO "rF BOARD OF APPEAL.
The Undersigned represent that he/she is/are the overs of a certain parcel of land
located at: . .12 '4illson•Street R %/B-1
. . . Street; Zoning District. . ...:.. -
;an ...........
said parcel is affected by Section(s).. . ... . . ... . .. ... .. .. . of the
Massachusetts
State Building Code.
Katt s �# x + � rtx [ = t4D;& exias3xis
x;:.v�x�drdc�a���x ,�s��Y,�b-��:xcLx.�.�.
The undersigned hereby requests an administrative ruling from the City of Salem
Board of Anneal, pursuant to a.G-.L. c. 409, Section S. Me Undersigned
disagrees with the determination of the Zoning Enforcement Officer as to the
legal use of the dwelling at 12 °Jillson Street.
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
The Zoning Enforcement
1? /il
Officer determined that use of the dwelling at
5lson Street as a two family was innermissable.
The Undersigned hereby petitions the Board of Appeal to vary the of th
Zoning Ordinance and/or the Building Code and order the Inspeccortof Buildingssto0
approve the application fee permit to build as filed, as the enforcement of said
Zomig By-Lava and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
Lng reasons:
F- m co
d -a
a
0en W 2i - :�
MLl
C� W H
J Lill ¢o C.�
ZS .T..
Qax
Uwer.. .Joseph.Re..ither
... .......................
Address.f7 .�YV4$ie1d.SC....Ly1II;? , 01904
Telephone. . . ........ ........
e oner..............................
q Address.. ................
Date..... .I .//. ..... Te
B
Three copies of the application must be filed wi the Secretary of the Board of Appeal
with a check. for advertising in the amount of $
......
aeeriq*e{ tbs Bmf four_ weeks prior co the
Appeal. Cheek navaSIe cn t5e Salem, Eveazag Nei[a
m s. v. '. M ,. ??y.^'a 3� �•
}
`r'�,' �ej
r ., r r .� c
'R ...'�yyAw "t•, 3. i'e ,Y„rc 1 . x4N + ' '. r'y"1',�e '3' mfrt'y'�,'^# #h '
�"'.µ i F � ". T "'a'Kv t.5-n5a t�' eh> �Y' �• w4�?� _y KE��:^.
iv (Ty ...t
w .4:1
V ��,
?7: — �;.1
_..> 4'�
�:'� r�ro
'e:� tr7
r��-�
a:
i�
_{ •— �::
c� �. ..
t ': �
` {I
.*0610 Vn VN,,(7
1-7-7J1S 1/1N1SHO f 8S S7d r SINN3O
;9N/ 9N.(-7A&/7S -F ON/Y-7-7N/ON-7
Aw
10/c115/O DN/NOZ 19 3H1 S02
96/Zl/Zl S11V3fN3,111703,1 Y,9V9L7S 31-11 77V
9661 '9Z *0/7V .OZ = „1 -77V99 S133fN NO/1VON17O3 ONl1S/X3 3H1
Z6/*1/Z o-7sm3.y
b'1N YN77b'S . �L
N1 ^�NO� , 19 - IJI&S/O ON/NOZ
oeose#
Nb 7d 1074 W snwwow s «1 �9d
�y S AJ30 o� !99Z1 ;Y9 NY G37,& '6661 EZ
u `' 71 Ndd NO 3DVZNO?13 ONV 3Z/S
"ry eo N1,, 107 &O3 O31NV&9 30NWYVA
—. S71ON
1�3�15 NOS77/114
.Z .00'05'
tO a
tp O
d t! 'oN
3
W
6'0!
lb y
ONI773M0 6'01 y
N0g�N1703 p
5/X3 p m
c
p o �
r
h .s 000(-Cj
8 107
c
y
00 05 gV09 tiugH J�u
IJD91O sacuol'
i
=i
• �t �1 of J%Lnu, Anon4uafto
lk
Iammrgaan3 OU 1q 3 A2 PH 19q
vY_� CITY OF S,,A..EM. MASS
+amc ` vHX.¢Eit Cl.ERR'g Cf-F(Cr
DECISION OF' 'IHE FETiTION OF CECILE BERUBE FOR
A WAIVER AT 18 WILLSON STREET
A Public Bearing on this petition was held on October 6, 1994
at 7 :30 p.m. with the following Board members present: Walter B.
Power , III , Chairman; Carter Vinson; Chuck Puleo; John Moustakis,
L. Lee Harrington, Willi.a:n Cullen and Gene Collins. Notice of this
meeting was sent to abutters and notice of the Hearing was properly
published in the Salem Evening News.
Petitioner, owner of property, is requesting a waiver from
frontage requirements for Lot B on Willson Street from the
Subdivision Regulations under M.G.L. Chapter 41, Section SIR. This
Section states that "A planning board may in any particular case,
where such action is in the public interest and not inconsistent
with the intent and purpose of the subdivision control law, waive
strict compliance with its rules and regulations, and with frontage
or access requirements apecified in the law. . . "
The waiver from Lot. B is being granted upon the finding by
this Board that:
1. Lot B with 50 feet of frontage is similar to other lots
in the neighborhood;
2 • Special circumstances exist which especially affect the
"land, and structures involved and which are not generally
affecting other land and structures involved; and
3. Literal enforcement of the provision of the Zoning
Ordinance would involve substantial hardship, financial
or otherwise, to the petitioner .
Therefore, the Planning Board voted with a vote of seven (7 )
in favor none (0) opposed to granr. the Waiver from frontage
requirements for Lot B, 18 Willson Street, subject to the following
conditions:
1 . A notation be: put oii the plan which indicates that
Lot B is Intended for residential use; and
2 . Petitioner agrees to Lot B being used for a
residential use only .
Z d VM OVL SOS WOdJ WdIV'ZI L66I-SO-L
U 'A6639 HO1tlN36 , bObO 00L 909 !90:el 116.9 -L :03AI303tl
WAIVER GRANTED
OCTOBER 6 , 1994
This r, cor.ziament shall not tai.e effect until a copy of the decision
bearing certification of the City Clerk that twenty ( 20) days have
elapsed and no appeal has been filed or that if such appeal has
been fiied that it has been dismissed or denied, is recorded in the
Essex Soath District, Registry of Deeds and is indexed in the
grantor index under the name ,f the owner of record or is recorded
and noted on the owner ' .. certificate of title. The fee for
recording or registering shall be paid by owner or applicant.
I hereby certify that copy of this decision and plans are on file
with the City Clerk and a copy is ori rile with the Planning Board.
Sincerely,
i4j"A., 6. f'
Walter B. power, III
Chairman
Ex\PB.,3.8W1LLS0N.DEC
1
E"d VOV0 0VL 805 W02dd WdZV:Zt L66t-80—L
EN !AH839 UGIVN36 m COLO OVL 809 !OV:E1 'L64-L :03AI303U
Ctv of 5alw, f assadjuselts
Firming Foam �$6 6 /141 4Y
Mm %6ru Breen OtEan 4t "-,fFss
NOTICE TO BE ATTACKED
To WAIVER REQUEST
Date: Septsnt:er 2. 1999
City Clerk
Salem City Hall
93 Washington Street
Salem, Massachusetts 01,970
Dear Sir/Madam:
I hand you herewith two copies of Waiver Request, an application
submitted by me this day to the Planning Board of the City of
Salem requesting waiver of frontage requirements of the
Subdivision Control Law.
The land shown on the accompanying plan in located at eet,
Sam_ MA in Ward 3
Cecile A. Berube
18 Willson Street, Salem
Signature of Owner +ti�---
Henry A. 7.ucas, Jr. As Attorney for owner
Street Address 133 Washi ton Street
City, State, & Zip Salem, MA 01970
Telephone Number (508) 741-0862
7m/dh/w4ivereq.not
V 'd VOVO OVL 805 NOdA WdZV:ZI L661-80-L
bB .'AUU30 HOIVN38 <= VObO Ott 909 :94:61 .`LB-9 -L :03AI309H
s CriY� of 5atlrm, fflatssazr4usdip
a Fixiuicng ?3varb carr 8 ��q� ,fir
(ane 'xiem v,�rffn C�£RKSS 0 -Af sk.
CITY OF SALEM MASSACHUSETTS
PLANNING BOARD .
VAI'-THR REQUEST
To the Planning Board:
The undersigned represent($) that /she is fgg, the owner W of
a certain parcel of land located at I8 Willson s=aot Salem ,
which im/she propose(s) to divide into _2 lots, as depicted on
the accompanying pian and hereby petition(s) the Planning Board
to waive, to the extent shown on the submitted plan, the frontage
requirement of the Subdivision Control Law, pursuant to the
authority of M.G.L. Ch. 41 Sec. SIR for the following reasons:
The undersigned has obtained a variance from the Board of Appeals for
the proposed division and restates the reasons contained in said decisien
which is attached hereto.
Cecile A. Ber}�t]be 1
1$ Willson s f Otwnar�s) r41�1 .
I r'l
Signa ure o
Henry A. cas; jr.
As Attorney for 04ner
Address 133 Washington Sweet Salem, MA
Telephone Number (508) 741-0862
Date September 2, 1994
jm/dh/pbwaiver.req
5 -d VeVO OVL 805 HOU-:1 HdZV°ZL L66L-80-L
9# 1AHH39 HOIVN3S i= OOVO OVL 909 •`86:61 .'LB-8 -L :03AIDDH
of
� �a[exn �eexc
CITY OF SALEM
0 0
PLANNING BOARD
r- 47
v'R �
Will hold a public hearing for all interested parties=;Wn Efie
request submitted by Cecile Berube for a Waiver from the rrmnta�e
requirements of the Subdivision Control Law to allow parcel f/at'T8
Willson Street to be divided into tv>o lots. This hearing will be
held on Thursday, October 6, 1999 at 7: 30 p.m. , One Salem Green,
second floor conference room. 11�
Walter B. Power , III
Chairman
Sept 22 & 293
This notice pasted on •official Bulletin Board"
City .HalAM, Salem, Mass. on �. 171?y
at . 3 IYYrh in accordance With C 38 Sec.
23A & 238 of M.G.L.
9 'd VOVO OVL FOS WOd=1 WdEV Z1 L661-80-L
9# 1AUU39 UOIVN38 <= 0000 ObL 909 '60:cL !L6-0 -L :03AI303U
T
P5//I ereyO &,5
bx Ancelf �A- zo &W6169e- k
o sel/.._tev� -vi
Sell 4 /j9A) h)9 v flea, sv
h e S l(D
�a' / A-°v 6,sp
5
) Gld Se
, cues t .`s pm-sed,
li9E W l sc� di Ae 14) A4,4y j�� ZW
geeti� o� r�-� ,� �� �`st
sere �� vis 7; u
I )Ll �( kN� rs
L 'd VOV0 0VL 805 h402d Wd£V:ZL L661-80-L
LM !AB838 HMN35 <= 4040 OVL 909 '64:5t `L6-8 -L :03AI90AH
b,, W195N 7� ���F�/ �•UTD #e.. doe, k 51�- A)o
,l
� s.
he__ eItev
Ai��
tL) EcO-k) 1k 4� O ex-
4,
!�5 5 /( 9n/- M
fl -
cc� lueoe-
51,J� DTA-E/L
:57-
5-�e- u eo
'LrrlUCr' s
tk 15 ' 0 e- 6044
c� y
elf.,
8 -d VOVO OVL 905 N06A WdVV:zt L661-90-L
9# 'AN039 NOiVN39 <= bOVO Oil 909 :09:E1 !L8-0 -L 03AI3038
Cecile 8erube
I8 Willson St.
Salem, Ma. 01970
Tel : 7.44-1182
Dec. 11 1993
Dear Neighbor,
This letter is to inform you that I am seeking permission
from the Citg of SaIeT to _uAb-wivide my lct at 18 Willson
St. with the intention of selling a parcel' of this existing
Property.
I have been advised, as a part of this process, to obtain
statements from the surrounding neighbors that will indicate
an absence of objection to this plan and proposal.
Therefore, I am asking you to print your name and address in
the space below, accompanied bg your signature. Please drop
this statement, enclosed in the envelope, at mg rouidence.
You ma'9 leave it in the mail box or on the porch. if this is
inconvevient, call the above number and I will come to pick:
it up. �T�h/ankk you for
yyour quick response and cooperation.
NAME:_Y3AYASc�.-M 5I t C
ADDRES'S:__�_y}(L�r
CFTY:----- N� 1--�-J---------
SIGNATURE:_
Date:-fix_►`�_--fid--��Q�
6 'd VOVO OVL SOS HOdA WdVV:EL L661-80-L
S# !A883S BOIVN3S <- 4040 OVZ 809 !l9:el `.L6-8 -L :03AI3O38
Cecile Eerube
18 willsen St.
Salem, `7a. 01970
Tel: 744-1182
Oec. 1, 1993
Dear Neighbor,
This letter is to inform you that I am seeking parmimsien
frpT: the City Cf Tyre_, .o de 71W at 19 ::i: :_nr.
St_ with the intention of selling a parcel of this existing
Property. .
1 have been advised, is a part of this process, to obtain
�tatamenta from the Surrounding neighbors that will indicate
an absence of objection to this plan and propoSai .
Therefore, I am a;king you to print your name And address in
the space below, accompanied by your signature. Please drop
this statement, anclosed in the envelope, at mg residence.
You may leave it in th@ mail box or on the porch. if this is
inconvevient, call the above number and l will come to pick
it up. Thank, you for your quick response and coaperatign.
NAME ei1.P. y. k'1�1/� 0 X3�7k 7.R.
CITY:_______ r
__-1J&-�.� -117-----_ -
SIGNATURE
Date: -_ l�„_l�= s�--------
Ol -d VOVO OVL 805 WOdA Wd9V:Z1 L661-80-L
OL# !AUB98 6OIMS <= 4090 OVL 909 'l4:Sl 'L6-9 -L :03AI303H
John Mouscakis made a motion to approve the Form A, seconded by
Chuck Puleo and approved :i-0 with Carter Vinson abstaining.
WAIVER FROM FRONTAGE 16 WILLSOhf STR rET
Attorney Henry Lucas cr 55 ;ash'3 ingtton Street addressed the Board .to
present plans for Ceci ,.e iierube for a Request for a Waiver From
Frontage for property 1acated at 18 Willson Street.
Attornr_ Lucas stateii c:n&t tie h" Caceived a Variance from the
Board o€ Appeal for iror,tage and der:sity requirements. Attorney
Lucas also stated tnat the properri is located in a mixed zone
indicating on the plan the property iz Zoned R-2 and B-1 and that
the neighborhood is primarily residential .
Attorney Lucas stated r.nat Mrs. Bexuoe purchased that property in
1941 when the neighborhood was laid out .and that at that time Lot
2 was a separate lot bur. was automatically merged after that time.
Attorney Lucas stated teat these- two lots will still be in keeping
with the surrounding area and Mrs. berube wants to sell the land
and have a new home built upon it .
Gene Collins asked how tar Jefferson Avenue is to the property.
Attorney Lucas responded that is was; approximately 100 feet.
Chuck Puieo asked whether Lot Two, which is now in a B-1 Zone, had
any restrictions on it .
Walte_ Power quest.ic;aej ,rnEtner [r:e cot could be built as a
COMME . . _al lot,
Attorc:a , Lucas stated that; this l-:. c 1s not being marketed as a
comm�2 :ri.;,1 lot and that. stirs. Becuze is not a developer and her
attee:,r,t :d to keep it a residentiMl lot . In addition; Attorney
Lucas ,:cdted that he ,. td agree i.'. conditioning the lot as a
resid,ar ial lot.
Gene stated ,r.i,a;. ;ne Lot :z more appealing to a garage or
a business across the str •cc .
Walter Power stated that it could be off street parking.
Attorney Lucas reiterates that Mrs . 6erube does not want to market
for anything other than residential and that she does not intend to
sell ner home.
Carter VLnson asked whether the Boar❑ could condition a decision
Putting : restriction on the sale of the property.
Walter Power stated no, 1,e did not think that the Board should do
that .
ll d V0V0 OVL 805 WObA WdSV:ZI L66t-80-L
L0 'AH830 801VN35 <= 4040 OVL 909 :L9:EL :L6-9 -L :O3A130311
Gene Collins said that ne tended to agree.
Debbie Hurlburt read a Letter froci. iiayna and Elizabeth Malionek of
6 Wilson Street into the record regarding their opposition of the
Request ,
Lee Harringtonasked Mre: , tieruc•e wnertier her intention in marketing
this lot was for a singly family homc_ . Mrs . Berube agreed to place
a condition on her deed transferring the property that her property
would, be used for residential purposaLi.
Carte; Vinson asked Attorney Lucas : f Mrs. Berube understood this
was a iessed economic opportunit.-, . Mrs . Berube stated that she
understor,.d this.
Matin.. .vas made by tarter Vinson r.nat the Board approved the
requests« waiver , seconded by gene Collins and approved
unani lt.cus 1,7
SITE ,-i..a REVIEW - BU 1tvE7 :; P?kk G ,R-t4cP7T - 900 HIGHLAND AVENUE
Ott: F'-rowitz from Patrowitz E;1YA :i� Bring addressed the Board on
the , :ra : t.ation sysr.ern :hist; Lj belay- proposed for the property.
Mr . ::at .c •,itz stated r.tu,t this cype `J system allows for water to
rur, the property ..r:.l :;c,ay in the c;rol:nd by way of this system.
Mr , ; :u.rrwitz state.: ,.out L. r:ace Ave several catch basin type
structures with dry wui:.:: and sutt:i,r, and with regular clean-out and
maintenance that this .; tcm •;11; rn;rk fine.
Mr . X-. crowitz stated the+, .:he catch uds1.,s go to an 18 ' pipe that
leaches through perforat,:d pipes and that stones placed around the
pipes will take up the ,iacec .
Walter Power questioneu rlc . Patrowitz regarding when he came to
this type of system what contribution does the above area do to
this site .
Mr . Patrcwitz expiai,,aa the graces -,n Highland Avenue. He also
stated that the groundwater is between 3-5 feet lower than the
system designed.
Waiter Power asked what the potential for reverse flow and whether
there is any history cP water puddling in this area .
Mr . Patrcwitz stated r.hat i:istoric., l _ the area was substantially
lower than it is now Blue to fi.ltinq ; hat occurred -previously.
Debbie Hurlburt read :.n.- .,cst. t s: ,,.:._...r. cc the Board.
Walter Power stated tliar. L,c nas concerns still with the drainage
system due to the issue of maintenance and said that there must be
an awareness to have this maintenance done regularly,
Zl 'd V0170 0VL SOS WOd=1 HdSV:ZI L661-130-L
ZLH 7A883S U01VUS <- 4090 OVL 809 :Zg:EL :LB-e -L :GAAT304N