201 REAR FAYS AVENUE - ZBA 201 REAR FAYS AVENUE
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. .a��AI.ega1 Notices 1..v7i2
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub.
milted by Mildred; Samuel and
Richard Vitali appealing the
issuance of a building permit for the
property located at 201 Rear Fayes
Avenue. Said hearing to be held
Wednesday March 17, 1999 at 6:30
P.M.,One Salem Green,2nd Floor.,
y -'Nina Cohen,
tcChatFinan
(3/3,10)
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IS99 JUN -2 P I: 12
DECISION ON THE PETITION OF MILDRED, SAMUEL & RICHARD VITALI FOR AN
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 201R FAYES
AVENUE R-C
A hearing on this petition was held on March 17, 1999 and continued to the May 19,
1999 meeting with the following Board Members present: Nina Cohen,.Chadman,
Richard Dionne, Michael Ward, Stephen Buczko and Ronald Harrison. 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 an Administrative Ruling in accordance with Section IX of the
Zoning Ordinance and MGL 40A, Section 7 relative to use of the premises and
enforcement of Section V-B (2) and VIII- E (6) of the Zoning Ordinance with respect to
said premises.
More specifically, the petitioners request the Board of Appeal to order the Inspector of
Buildings to revoke the issuance of a building permit to allow construction of a new
single family dwelling.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioners appeal the issuance of January 6, 1999 of a building permit for the
construction of a single-family home at 201 Rear Fayes Avenue. Petitioners are the
owners of the property that directly abuts the subject lot.
2. Petitioners argue, through their Attorney, Francis T. Mayo, that the permit was
improperly issued because the subject lot lacks the required 50 feet of frontage on a
public way. The existence of frontage sufficient to meet the requirement of the
zoning ordinance appears to be the sole issue before the Board.
3. Mr. Kevin Buchanan, the owner under agreement of the subject lot, argued in
defense of the issuance of the building permit, stating that the subject lot has a
deeded right of way on an unimproved street with access to Fay Avenue. The
unimproved street, Lakeview Road, is shown on an assessor's may for the City of
Lynn and also on a plot plan prepared by a surveyor on or about June 21, 1982.
\w
DECISION OF THE PETITION OF MILDRED, SAMUEL & RICHARD VITALI FRO AN
ADMINISTRATIE RULING FOR THE PROPERTY LOCATED AT 201 REAR FAYES
AVENUE R-C
page two
4. It is uncontested that the proposed or paper street, Lakeview Road, was never built.
At some point a private road was created on the approximate locus of the paper
street to serve the needs of an abutting property owner, the Lions Club of Lynn,
which operates a children's supper camp thereon. According to Mr. Joseph Sano,
Esq.of theCamp Lion Board of Directors, the existing road, John Cann Way, is a
private driveway maintained by the Lions Club organization for their benefit and for
the benefit of those entering the camp.
5. It is the position of the Camp Lion directors that their private driveway cannot be
deemed to provide frontage for the subject lot because it is a private road rather than
a public way, and because it may not be coterminous with the street shown on
assessors mays and deeds for properties. It is their position that some part of the
subject lot does not directly abut upon John Cann Way, the existing driveway.
6. On May 15, 1999, the Board of Appeals made a site to the subject lot. At that
time the Board heard several other neighbors express their disapproval of the
issuancence of the building permit. Mr. Buchanan, who was present, indicated he
would create a driveway connecting the proposed house to John Cann Way, and
would use that route to access Fay Ave.
Therefore, based on the fact and on evidence presented, the Zoning Board of Appeal
voted unanimously, 5-0 in opposition to the petitioners request for an Administrative
Ruling the overturning the issuance of a building permit.
1//.
ina Cohen, Chairman
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 certificate 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 of record or is recorded and noted
on the owner's Certificate of Title.
CITY OF LYNN , MASSACHUSETTS
OFFICE OF CITY CLERK
ROBERT G . FURLONG , CITY CLERK
ROOM 201, CITY HALL, CITY HALL SQUARE, LYNN, MASSACHUSETTS 01901
617-598-4000 EXT. 243
April 5, 1999 ,
TO WHOM IT MAY CONCERN:
According to the records in this office, a council order
was passed on April 26, 1973 stating that the entrance to the
Lynn Lions Camp'be henceforth known as the John H. Cann Way.
However, no rec6rd could be found accepting it as a public
way.
Ver truly yours,
BERT G. Fl;N 7
I
X00 Pmrr;and Avenue • Lynn, Massachusetts 01905-1138 • (781) 596-2400
LEO R. POTTER
WATER & SEWER
COMMISSION Executive Director
DANIEL F.O'NEILL
Chiet Engineer
EDWARD J. BRADY
Treasurer
MEMORANDUb1
TO: Lynn Water and SeNvsr Commission
FROM: Daniel F. O NeM Oiief Engineer ;moo
DATE: 12109M
SUBJECT: Mr. Bmchanam't Request
���,,Mr. Ketm Budam �az of Lynn has requested permission to connect the WAt- fees.
ser)dQcs_11omi his as srd home iii;Salem to the LWSC's stems He will be required to provide
all necessary_equgi�ent Datur and material and be responsible for all permits and application
The permit fees for water aid sewer services for all non-Lynn residents are$1500 and$1000,
respectively_
Technically;his-pna}osed single family home will not adversely affect water or sewer
service to any Lym relic s. Both, water and sewer, systems in Fays Avenue have the capacity
to handle this additional$cane. How Mr. Buchanan's services arrive at Fays Avenue would be his
responsibility-
The lar beim de-ichped is Lot 2,with square footage of 49,085, in Salem. This lot
appears land-locked to dice North, West and East by property owned by the Lynn Lions Club and
to the south by x141, =199.7 and#201 Fays Avenue, Lynn.
Contingent upon M- Buchanan obtaining all necessary approvals from the Lynn Lions
Club to connect to their mate service or acquiring the necessary easements on Fays Avenue, I
would recommend the L.,vr Water and Sewer Commission grant Mr. Buchanan permission to
connect /discharge to ti>re LWSC's systems.
Tito of $alem, Httsstttliuse##s
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March 19, 1999
John D. Keenan, Esq.
Assistant City Solicitor
60 Washington Street
Salem, Ma. 01970
RE: 201 Rear Fayes Ave.
Permit No. 1-99
Dear John:
Thank you for the opinion regarding the issuance of a building permit for the above
mentioned property. We are providing copies of the opinion.
To the parties involved, we anticipate that this matter will be on the agenda for the Board
of Appeal's meeting April 21, 1999.
Mr. Mayo has agreed to notify the abutters of the continuance by certified mail to enable
any parties interested to attend.
;T/y
,
Nina Cohen
Chairman, Board of Appeal
cc: All Board OF Appeals Members
Mr. Kevin Buchanan
Mr. Mayo, Esq.
Peter Strout
William Lundregan
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CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City Solicitor Assistant City Solicitor
81 Washington Street 93 Washington Street 80 Washington Street
Tel:978-741-3888 Salem, Massachusetts 01970 Tel:978-741-4453
Fax:978.741-8110 Fax:978-740-0072
February 24, 1999
Peter Strout
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
RE: 201 Rear Fay Avenue
Permit Number 1-99
Dear Inspector Strout:
You have asked the question of whether a Salem lot with frontage on an
improved way can be issued a building permit for a single family home?
Residential Conservation District:
The subject parcel, 201 Rear Fay Avenue, is situated in the R-C District.
Certainly, a single-family dwelling is a permitted use in this district. (See Zoning
Ordinance Sec. 5-2(a)(1)).
Appropriate Frontage;
As a grandfathered lot, the parcel needs only the minimum frontage requirement
of fifty (50) feet. See Mass. Gen. L. ch. 40A, § 6. The subject property appears
to have the adequate frontage required on the improved way John Cann Way.
(See attached South Essex Registry of Deeds, Book 43, Plan 46-A (1925)). The
deed to the subject parcel also clarifies that the property abuts, in fact is
bounded on its easterly side by John Cann Way. It is my understanding that this
improved way is paved and provides water and sewer as well. The deed to the
property provides specifically, "the right to use the ways and avenues shown on
said plan, in common with others entitled to use the same, for all purposes for
which ways are commonly used."
Under the Zoning Ordinance Adopted by the City of Salem on or about August
27, 1965, at Section II, "Definitions,"subsection (b), "Selected Terms and
Words,"the terms lot, street and way are defined as follows:
Page Two of Two
February 24, 1999
Inspector Strout
RE: 201 Fay Avenue Rear
Lot., A parcel of land occupied or designed to be occupied by a
principal building and the accessory buildings or uses customarily
incident to the principal building, including such yards and other
open spaces as are arranged and designed to be used with such
buildings. Such lot shall have frontage on an improved
public street and may consist of a single lot of record, a portion
of a lot of record, or a combination of such lots or portions of lots
of record, provided that such lot is used for only (1) principal use.
(emphasis added)
Street.• A public or private way which affords the principal
means of access to an abutting property.
Way.• A street or alley or other thoroughfare or easement
permanently established for passage of persons or vehicles.
John Cann Way affords the principal means of access to 201 Fay Rear and
provides a permanently established passage for both persons and vehicles. From
both the deed to the property and Plan of Buchanan Park (1925), subject
("grandfathered') parcel does satisfy the minimum frontage requirements per
Chapter 40A and the local zoning ordinance.
This opinion is limited to the singular issue of frontage as pertains to this Parcel.
Hopefully, this has adequately answered your question. If additional specific
information or questions are posed, do not hesitate to contact me. Thank you
for your attention to this matter.
Very truly yours,
l�
JOH D. KEENAN,
ASS ANT CITY SOLICITOR
Jdk/kjm.zoning
CC. William Lundregan City Solicitor
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the land in....::.Sslem,_.......t.h.r,'.t....l....S....S}1eC+A aS p{trce......?L . on ,)lan erltitled "ple.n
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(Deecriptlon and encumbrances,it eny7
„venae , Lynn, }.-ass. , Property of Fred A. }iorton at al 12rustces , detect
July 8, 1925 , " said plan tieing recorded crit}, Esse-c :�OIIth District
Rel;istry Of i)OCd3 , Jul.-: 1 , l9?.S, bounded an deDcr3.0
ra,nS.
Northwesterly by land now or :forr.�rrly of the City of Peabody,
two hundred twenty-six arid seven tenths (226, 7 ) feet;
Northeasterly by land of §fed A. Ilorten et al , one hundred
(100) Peet ;
Easterly b;; a curved line by a proposed road, as shown on
said plan; and
Southwesterly by lots 436 to 441, inclusive, on said plan
one hundred fifty-.four and fi'tty-trio hundredths (154.52f
feet ;
Containing nineteen thousand eighty-five . square feet (l9,-085 ) ,
be all of said measurements more or less.
Said property is conveyed subject to taxes for the current year .
Being a portion of the premises conveyed to us by Fred A.
Ttorton et al, trustees , by deed dated July 31, 1925, and recorded
with Essex South District Deeds, Book 2650, Page 4, together with
the right to use the streets , ways and avenues shown on said
plan, in common with others entitled to use the same,for all purposes
for which ways are commonly used..
36
turning and ruRndng South:,esterly fifty (50) feet to the northeasterly Cor-
�� ner of Lot 36; thence U "ning and yulMing southeaste._y one hundred seventy
five (175) feet by the easterly line of Lots 31 to 36 inclusive, one hundred
--::r
seventy five (175) feet to the point of be
c7 ginning; containing eighty seven
f ��G hundred qty (8750) square feet, be all of said measurements more or less.
?p
HIzaSS its hand and seal this 27th day of August , 1925.
OMMOMMULTF. OF }ASSAv ZT--'UTTj
T:aaufact.uers P;ational Bank (Coroorete seal)
Essez, ss. Lynn, bass., - Earle 1. Foster cas^yer
AuguSt 27 1925. Then personally appeared the above named Earl- I. Foster
and aCIMC ledged the fore acing irst_rcument to betie free _
ee act and deo:' , of
The Manufacturers y.aticaal Bank of Lynn, ?:ass., before me
Gilliam J. Bar.-,V iiotz_*a Public (Notarial seal)
XY rasion expires March 10, 1927.
Essex ss. Received Sept, 8, 1925- 30 m. Past 8 A. M. Recorded ani Examined,
---- f
Hoyt eta - Victor P.L. Hoyt and Arthur W. Lonval, both of Lynn, Essex county, '-assa-
to chusetts for consideration
paid, grant to Elvena Stanwood, wife of Eldon Y
3ta^i^ooa_ Stanwood, oP said lSnn witi @U_ML: D COVMUL25 the land in Salem-, that is a
r;
One i. P. shown as Pa^cel A on plan entitled "Plan of a Portion of
Stam
DoBuchayan
cuaeatary leaire Section, Bordering Fay Avenue, 1,;nn, Pass. , Property of Fred A.1Forton
Canceled. `.
e„ al, Trustees, dated July 8, 1925,^
said p_an being recorded tisith Esse;: . z'
South District Registry of Deeds, July 31, 1925 Book of Plans 43, Plan 46a
bounded and described as follows: Northwesterly by land now or formerly o: v
�7 the City of Peabody, two hun;
CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City Solicitor Assistant City Solicitor
81 Washington Street 93 Washington Street 60 Washington Street
Tel:978-741-3888 Salem, Massachusetts 01970 Tel:978-741-4453
Fax:978-741-8110 Fax:978-740-0072
February 24, 1999
Peter Strout
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
RE: 201 Rear Fay Avenue
Permit Number 1-99
Dear Inspector Strout:
You have asked the question of whether a Salem lot with frontage on an
improved way can be issued a building permit for a single family home?
Residential Conservation District:
The subject parcel, 201 Rear Fay Avenue, is situated in the R-C District.
Certainly, a single-family dwelling is a permitted use in this district. (See Zoning
Ordinance Sec. 5-2(a)(1)).
Appropriate Frontage:
As a grandfathered lot, the parcel needs only the minimum frontage requirement
of fifty (50) feet. See Mass. Gen. L. ch. 40A, § 6. The subject property appears
to have the adequate frontage required on the improved way John Cann Way.
(See attached South Essex Registry of Deeds, Book 43, Plan 46-A (1925)). The
deed to the subject parcel also clarifies that the property abuts, in fact is
bounded on its easterly side by John Cann Way. It is my understanding that this
improved way is paved and provides water and sewer as well. The deed to the
property provides specifically, "the right to use the ways and avenues shown on
said plan, in common with others entitled to use the same, for all purposes for
which ways are commonly used."
Under the Zoning Ordinance Adopted by the City of Salem on or about August
27, 1965, at Section II, "Definitions,"subsection (b), "Selected Terms and
Words," the terms lot, street and way are defined as follows:
4
'f
Page Two of Two
February 24, 1999
Inspector Strout
RE: 201 Fay Avenue Rear
Lot.- A parcel of land occupied or designed to be occupied by a
principal building and the accessory buildings or uses customarily
incident to the principal building, including such yards and other
open spaces as are arranged and designed to be used with such
buildings. Such lot shall have frontage on an improved
public street and may consist of a single lot of record, a portion
of a lot of record or a combination of such lots ori n f
port o s o lots
of record, provided that such lot is used for only (1) principal use.
(emphasis added)
Street- A public or private way which affords the principal
means of access to an abutting property.
Way.• A street or alley or other thoroughfare or easement
permanently established for passage of persons or vehicles.
John Cann Way affords the principal means of access to 201 Fay Rear and
provides a permanently established passage for both persons and vehicles. From
both the deed to the property and Plan of Buchanan Park (1925), subject
("grandfathered') parcel does satisfy the minimum frontage requirements per
Chapter 40A and the local zoning ordinance.
This opinion is limited to the singular issue of frontage as pertains to this parcel.
Hopefully, this has adequately answered your question. If additional specific
information or questions are posed, do not hesitate to contact me. Thank you
for your attention to this matter.
Very truly yours,
l�
JOH D. KEENAN,
ASS ANT CITY SOLICITOR
Jdk/kjm.zoning
CC. William Lundregan City Solicitor
March 15, 1999
Nina Cohen
Salem Board of Appeal
Salem, MA 01970
Dear Ms. Cohen:
We are writing to inform your board that we are opposed to the granting of
the building permit on land abutting at the back of our home.
Our family has owned 201 Fays Avenue in Lynn, for well over fifty years.
Our land is partly in Salem and adjoins the City of Peabody drinking water supply
Spring Pond, as does the lot at the rear.
We face on Fays Avenue, a street in the City of Lynn. The land behind us
does not face on Fays Avenue and has no utilities from the City of Lynn.
We oppose developing a lot so close to the water shed, and so close to
the childrens camp.
We do not intend to allow our property to be used to reach the rear lot for
any purpose.
Our property will be diminished in value by the building of this house which
is not on a city street and so close to the pond. We are concerned with the effect
of water run-off on our land.
Please understand that this proposed house is not in accordance with the
requirements of state and city law. Thank you.
,y /� /I
Fred Sch'1�3Qei
Carolyn Schlegel
MY 16 '99 19:05 FROM:SHARON E. BEST ATTORNEY AT LAW 206-935-0307 T-679 P.02/05 F-860
March 16, 1999
City of Salem
ATTN: Nina Cohen, Chairman
Board of Appeal
One Salem Green
Salem, Massachusetts 01970
VIA FAX to CARLSON REAL ESTATE 1-781-598-0890 for delivery to KEVIN
'1 BUCHANAN and presentation to the BOARD
:1
a
RE: Vitali Appeal of Building Permit for 201 Rear Fayes Avenue
Dear Ms. Cohen:
I am sorry I could not be personally present at the hearing to be held tomorrow. 1 currently live
in Seattle, Washington and am unable to travel the distance in order to be personally present.
Enclosed with this letter is my power of attorney to Mr. Kevin Buchanan to allow him to speak
on my behalf. In fact, the request for issuance of the building permit, though signed by Mr.
Buchanan,was, in fact,done for our mutual bcncfit.
I entered aP urchase and sale ag eement on September 26, 1998 to sell the property known as 201
Rear Fayes Avenue to Mr. and Mrs. Buchanan. The closing date was to have occurred February
15, 1999. After receiving notice of this appeal, the Buchanans have, to date,refused to purchase
the property. I understand they still wish to buy the property and I still wish to sell the property
to them.
I believe this appeal to be frivolous_ The first stated cause of appeal is that the lot in question
must front on a`public"street. The appellants contend that John H. Cann Way is not a"public"
street and therefore 201 Rear Fays Avenue is not a buildable lot. Essentially, the appellants
contend that a private road which has been in constant use for the last 50 years as a right of way
is not a"public" street and the lot is therefore"landlocked" for building purposes. Itis clear that
no property can be landlocked and the courts will mandate access to any parcel of property. To
assert that a property fronting on a private right of way is not buildable for lack of frontage on a
public street creates an absurd situation that was not intended by the zoning code.
It appears that the appellant, a neighbor who has enjoyed the privacy that has been afforded him
by the unimproved lot, simply wants to continue to enjoy this privacy, and perhaps the ability to
park his car in a portion of the street. Allowance of this appeal would allow the Vitalis the
continued privilege of living next to vacant land despite the fact that the land is now, and always
has been, taxed as a buildable lot, as well as the continued use of a"private"right of way for
their own purposes.
Secondly, Kevin Buchanan is a party in interest in this permit. The Buchanans would not be as
interested in purchasing the property. In fact, if this permit is not issued, the Buchanan's may be
faced with a suit for specific performance to require them to purchase the property. I would
MAP 16 '99 19:06 FROM:SHARON E. BEST ATTORNEY AT LAW 206-935-0307 T-679 P.03/05 F-860
certainly rather this sale be completed in an amicable way and I am very concerned that this
frivolous appeal has frustrated the sale.
I look forward to receiving your denial of the appeal and the consummation of my agreement
with the Buchanans.
Sincerely,
fix'
'1 Elvena S. Clark
8608 39h Ave SW
Seattle,WA 98136
i
MAR 16 '99 19:07 FROM:SHARON E. BEST ATTORNEY AT LAW 206-935-0307 T-679 P.04/05 F-860
AFTER RECORDING, SEND TO:
•;I
DURABLE POWER OF ATTORNEY
of
FT VFNA STANWOOD CLARTc
1. Designation. I, FT V NA STANWOOD . _ RK designate KEVIN BUCHANAN
as my attorney-in-faa for the purposes of presenting my position at the Hearing of the City
of Salem Board of Appeal and signing such documents as may be required to insure the
issuance of a building permit for the property known as 201 Rear Fays Avenue in either my
_ name or his name.
2. Effectiveness/Duration. This power of attorney shall be effective immediately and shall
remain in effect throughout any period of disability. A faxed copy of this power of attorney
shall be deemed acceptable until the original can be forwarded.
3. Termination. This power of attorney may be terminated by
(a) my written notice to the attorney-in-fact and, if this power of attorney has been
recorded, by recording the written instrument of revocation in the office of the recorder or
auditor of the place where the power was recorded;
(b) a Guardian of the estate of the Principal after court approval of such revocation; or
(c)my death upon actual knowledge or receipt of written notice by the attomey-in-fact.
4. Accounting. Upon my request, or the request of a subsequently appointed Guardian of
my estate during my lifetime, or the personal representative of my estate after my death, the
attorney-in-fact shall account for all actions taken by the attorney-in-fact for or on my behalf.
5. Reliance. Any person acting without negligence and in good faith in reasonable reliance
on this power of attorney shall not incur any liability thereby. Any action so taken, unless
otherwise invalid or unenforceable,shall be binding on my heirs and personal representatives.
MAR 16 '99 19:07 FROM:SHARON E. BEST ATTORNEY AT LAW 206-935-0307 T-679 P.05/05 F-860
6. Indemnity. My estate shall hold harmless and indemnify the attorney-in-fact from all
liability for acts done in good faith and not in fraud of me.
7. Applicable Law. The laws of the State of Washington shall govern this power of attorney.
Dated this L!day of March, 1999
'I VENA STANWOOD CLARK
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
This is to certify that on this day of March, 1999, before me,the undersigned
Notary Public, personally appeared ETNENA STANWOOD CLARK known to be the
individual described in and who executed the foregoing Durable Power of Attorney, and
acknowledged to me that she signed and sealed the same as his/her free and voluntary act and
{ deed, for the uses and purposes therein mentioacd.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year fust above written.
C-
Q,014 F— 4 Print Name DAa._ � -74,N yl-
Z� �%VGo 'F� ; Notary Public in and for the State of
OTA Ji = Residingat I-Ere�61(L LVA
pvBv� :c My commission expires:
FITZGIBBON, MAYO & ANDREWS
ATTORNEYS AT LAW
2 SALEM GREEN
SALEM, MASSACHUSETTS 01970
TELEPHONE(978) 744-1148
FRANCIS T. MAYO 744-1149
GEORGE T. ANDREWS - TELECOPIER(978) 744-1199
February 5, 1999
Office of the Building Inspector is
City of Salem a
City Hall Nn v
Salem, MA 01970 �m
m�
gm v
Re: 201 Rear Fays Avenue/Permit Number 1-99 n G� � M
co —1
Dear Sir: -�
This is a request for enforcement of the Salem zoning ordinance pursuant to Article IX,
Section 9.2 thereof, and Massachusetts General Laws, Chapter 40A, Section 7.
I represent Mildred Vitali, Samuel Vitali and Richard Vitali, owners of property known as
191 Fays Avenue, Lynn, Massachusetts. A portion of said property is located in Salem and is
depicted on Assessors Map 1 as Lots 3 and 4. My clients' property abuts that belonging to
Elvena S. Clark, depicted as Lot 2 on said Assessors Map, for which on January 6, 1999 you
issued a building permit for the construction of a single family home.
The parcel for which you issued a permit has no frontage within the meaning of the Salem
ordinance which contains the following definition:
Article II - Section 2.2: `Lot. A parcel of land occupied or designed to be occupied by a
principal building and the accessory buildings or uses customarily incident to the principal build-
ing, including such yards and other open spaces as are arranged and designed to be used with
such buildings. Such lot shall have frontage on an improved public street and may consist of a
single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots
of record, provided that such lot is used for only one (1)principal use." (Emphasis supplied).
Specifically, John H. Cann Way is not an "improved public street"in Salem or Lynn and
therefore cannot legally be used to satisfy the frontage requirement. In fact, contrary to the hand
drawn plan submitted by the applicant, according to the Assessors' Map (see attached) said way
does not even appear to abut the locus.
Furthermore, although listed as the "owner or lessee" on Section V of the application for
a building permit, it appears that Kevin Buchanan is neither.
-2-
I request that you determine that the lot in question lacks adequate frontage and that you
revoke the building permit forthwith and order an immediate cessation of all construction and
site excavation pending the issuance of all necessary variances and permits.
Please respond to this request in writing within fourteen (14) days as required by the
ordinance.
Sincerely yours`
FTM:'1 FRANCIS T. MAYO`
J
cc: Mildred Vitali
Samuel Vitali, Esq.
Richard Vitali, Esq.
Kevin Buchanan (Certified Mail)
Terenzoni Construction(Certified Mail)
Elvena S. Clark(Certified Mail)