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21 BARCELONA AVENUE - ZBA ., Z 1 bar-c�1 e v-� Q 5'r�-����- i _ _ _ _ � � � ��; .. ;. .� vel- set, ales Legal Notice get, g j site way CITY OF SALEM ! BOARD OF APPEAL cors- 745-9595 Ext.381 n. in Will hold a public hearing for all ash- persons interested in the petition sub- j held miffed by CITY OF SALEM requesting d the to rehear the Administrative Appeal In fie of the Building Inspectors ruling that l 'rmile lot 328 is a buildable lot for the prop- ,the arty located at 21 Barcelona Avenue g & .R-1.Said hearing to be held TUESDAY, 1 on JUNE 21, 2005 at 6:30 P.M., 120 �ton Washington Street,3RD FLOOR. I Nina Cohen oan Chairman (6/9,16) - . CITY OF SALEM, MASSACHUSETTS CiCLERF(S OFF CE A • BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 1005 MAR - STANLEY J. USOVICZ, JR. TELEPHONE: 978-74$-9595 2 '4 10: 46 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF PATRICIA PITREAU REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 21 BARCELONA AVENUE R-1 A hearing on this petition was held on February 16,2005 with the following Board Members present:Nina Cohen Chairman,Richard Dionne,Bonnie Belau,Edward Moriarty and Nicholas Helides .Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Building Inspectors Wiling that lot 329 is a buildable lot for the property located at 21 Barcelona Avenue located in an R- 1 zone. The Board of Appeal,after careful consideration of the evidence and after reviewing the plans at the hearing,makes the following findings of fact: 1. Petitioner Patricia Pitreau of 19 Barcelona Ave., Salem Sled a petition on February 4, 2005 seeking an administrative appeal of a decision of the Building Commissioner regarding the lot at 21 Barcelona Ave. The Property owner, Blanche Francullo,appeared at the hearing represented by John Keilty,Esq. of 40 Lowell Street in Peabody.. 2. According to the petition,the decision from which she sought appeal was the by the B Commissioner for the City of Salem that the property is a buidable lot although it is not sufficient in size to meet the current requirement retating to required square footage. Petitioner further states that the property meets no exceptions to the requirement under the zoning ordinance or by state statute. 3. Petitioner was joined in her petition by eleven resident property owner:on Barcelona Avenue and Ravenna Street,and by Ward Councillor Leonard O'Leary,who is also a resident of Barcelona Street 4. The followings Stets are found by the Zoning Board. In May 2001 James Noble, a predecessor in interest, sought a variance to subdivide the property and variances from frontage and dimensional setbacks to construct a single family residence on the property. This petition was withdrawn without prejudice in October 2001. In June 2004,Mr. O'Leary sought a written opinion from the Building Inspector whether the property had merged for purposes of zoning law with an adjoining lot also owned by the Francullo family. Mr. St.Pierre,the Building Commissioner,stated that he determined that no merger had occurred, applying standard policy regarding merger doctrine as he understood such policy DECISION OF THE PETITION OF PATRICIA PITREAU REQUESTING AN ADMINISTRATICE APPEAL FOR THE PROPERTY LOCATED AT 21 BARCELONA AVENUE R-1 page two to be applied by the Building Department On February 27,2004,Mr. St Pierre issued a letter stating the he had determined that the property was a buildable lot On December 22,2005,the Building Commissioner issued a building permit to Mrs. Francullo based on a permit application and a set of plans,although the lot size was Incornaxly given as 22,400 square feet on the permit application.Work commenced on lot clearing in January 2005. S. At the hearing before the Zoning Board,Mrs. Fancullo argued that the neighbor's appeal should be denied on the ground that they had an opportunity to appeal the granting of the building permit and failed to make a timely appeal pursuant to M.G.L. Chapter 40A, Section 7. 6. The neighbors said they believe that a building permit would not issue until the Board of Appeal held a hearing on the issue of whether the lot was buildable. This belied was based on the prior history of the property. They also argued that they did not have notice of the issuance of the building permit,although they were aware that the land was being cleared,and they did not know of the Building Commissioner's determination in February 2004 that the property was buildable. 7. The Zoning Board found that the appeal from the granting of the building permit was not timely,or in the alternative,that the determination by the Building Commissioner that the lot was not merged should stand. Therefore, base on the fact and on evidence presented,the Board make a motion to uphold Building Commissioners' Thomas St Pierre decision for the property located at 21 Barcelona Avenue with a vote of 0 in favor and 5 to deny the petitioners appeal. ADMINISTRATIVE RULING DENIED February 16,2005 n Nina Cohen,Chairman Board of Appeal A COPYOF 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 unit a copy of the decision bearing the Certificate of the City Cleric that 20 days have elapsed an 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. #{ 05/09/2005 12:04 ER% 9785312479 JOHN %SILTY, ESQ 202 j JOHN R. KEILTY, COUNSELOR AT LAW I 40 LOWELL STREET TELEPHONE (978) 531-7900 PEA900Y, MA 01960 — FACSIMILE (97a) S31-8479 all 1 , r ii � i May 9, 2005 s Via Facsimile Transmission iMr. Thomas St. Pierre i Building Commissioner City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 Re: 21 Barcelona Street, Salem,Massachusetts Dear Mr, St. Pierre: I am in receipt of the enclosed Notice,which Notice orders the remand of the Zoning Board of Appeals case to the Zoning Board of Appeals. I noticed that the Notice for Remand states that the public hearing ought to be reopened. Therefore, it is appropriate to renotice members of the public of the time and date that the matter will be heard. Could you kindly advise as to the time and date the matter will be heard. Very truly yours, Xcau John R. Keilty,Esquire i JRK/emb Enclosure f" 05/09/2005 12:04 F9% 9785312479 JOHN KEILTP, ESQ Z03May 04 05 04: 26p Law Offiee James 011bere 878 744 7660 p,4 l Commonwealth of Ma e ' s achusetta County of Essex t The Superior Court M Civil Docket BSCV20064) l e ! Pitreau 'at al v Cohen !member of the Zoning Board of Appeals of the City of Sale a TO: James C, Gilbert, Esquire 15 Front Street Salem, NIA 01970 i � CPLERK'S NOTICE This is to notify you that in the above refe,uncea case the Court's action on 08ffl2rJ : RE: Defendant Nina Cohen /member of rhe ZoningBoard of of the Ciry pf 5a7e, BonnYe Be7air /member ofthe zoning Board of appeals of the City of sal, Edward ftriarty /member of the Zoning Board of appeals, Richard Dionne /member of the Zoning Board of .4ppca7s, ,v�cho7as /+elides /member Of the .zoning Board of appea7s '5 M07-TCW for for Remand to the Zoning Board of appeals of Che City of .Sa7em, assented to by Patricia PT 07anvpn= treau Jxyn! M IS as follows: MOTION (P#9)ALLOWED dated 4120105 (David Lowy, Justice) Notices mailed May 02, 2006 Dated at Salem, Massachusetts this 2nd day of may, 2005. Thomas M. Driscoll Jr., BY. Clerk of the Courts Judi h Brennen Assi tent Clerk Telephone: (978) 744-5500 ext. 414 Copies mailed 03102/2005 i i I vveeeeul4 :.+,d pi1A w11.a�IH r..vamup 05/09/2005 12:04 F9X 9785812479 JOHN KEILTY. ESQ Z04 ! i May 04 05 04t $6p Law Office James Gilbert 878 744 766D P.2 Commonwealth of Massachusetts County of Essex r The Superior Court sf CIVIL DOCKET#: ESCV2005.0=1,4 RE: Pitreau e,t al v Cohen /member of the Zoning Board of A i et aI ® Appeals Of the City of Sale Toy James G Gilbert, Esquire 15 Front Street Salem, MA 01970 I I NQMUX20QKLT&NT Y You are hereby notified that on 06102(2005 the following referenced dockot, entry was made on the above JUDGMENT AND ORDER:It is ORDERED that the abevQ entitled tnatterbe And hereby Is REK;NDED to the Zoning Board of Appeals of the City of Salem for Reconsideration of its decision dated February 1 a, 2005 and that the zoning Board of Appeals repprg n the public hearing,after proper notice under G.L.c.40A,11,to takb further evidence prior to such reconsideration. 4129105 (David Lowy, Justice) Dated at Salem, Massachusetts this 3rd day of May. 2005. i Thomas H. Driscoll Jr., Clerk of the Courts BY: Judith Brennen Assistant Clerk Telephone: (976) 744-5500 ext 414 i Disabled indnriduala who need handfcep accommodations should contact the Adndnistrative omcs Of the Superior Count at(617)788.8190 —pPW 2, p U4310 ower M.mr g 05/09/2005 12:04 FAX 9785312479 JOHN KEILTY, ESQ ia05 May 04 05 04: 26p Law Office James Gilbert 876 744 7660 p, a ! Commonwealth Of Massachusetts County of Essex The Superior Court CIVIL DOCKET*E$Cv2pp3410381 Patricia Pitreau and Jayne M Diamont V4 Nlna Cohen /member of the Zoning Board of Appeals of the City of Sale, Bonnie Selair/member of the Zoning Board of APPeahc of y�e Edward Moriarty/member of the Zoning Board of Appeals y of Sal, Richard Dionne/member of the Zoning Board of Appeals and Nicholas Helides/member of the Zorting Board of Appeels JUMENTANQVAD This action came on before the Court, David Lowy, Justice, presiding, upon, e Assented to Motion for Remand to the Zoning Board of Appeals of the City of Salem, and upon consideration thereof, It ra ORDERED and ADJUDGED: It is ORDERicp that the above entitled matter be and hereby Is REMANDED to the Zoning Board o'f Appeals of the City of Salem for Reconsideration of its decision dated February16, 2005 and that the Zoning Board of Appeals reopen the public hearing, after proper notice under G.L,c.40A, 11, to take further evidertce prior such reconsideration_ Dated at Salem. Massachusetts this 2nd day of May, 2005. i Thomas Fl. Driscoll Jr., r Clerk of the Courts ASSistant Clerk Copies mailed 05/0212005 �M .� Lim nrMr bnwuq