19 GREENLAWN AVENUE - ZONING (2) iq C lawn AvMu.e -
toofM 6 Pica I' �
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FORM A - DECISION
Ms . Deborah Burkinshaw
City Clerk
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: 19 GREENLAWN AVENUE (FORMERLY GLENN AVENUE)
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on September 16 , 1993 , the Planning Board took the following
action with respect to an "Approval Under Subdivision Control Law
Not Required" plan submitted by Lauri A. Panneton for 19 Greenlawn
Avenue: a vote of two ( 2) in favor , six ( 6 ) opposed, to endorse the
plan.
The Board determined that in its opinion the plan requires
approval under Massachusetts General Law Chapter 41 , the
Subdivision Control Law.
Sincerely,
Walter B. Power , III
Chairman
EX\DH\FORMADE.NY
>o# saIrm, �Nttssar4usetts
GIitg Pau ..
�falem,,iBllassachaseits 0197Q
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL S�Ql
In accordance with provisions of Section I1-B, tneP �f 47 4li X93
applicant must file, by delivery or registered mailG19 Y pl 6t
Notice with the City Clerk stating the date of sub-"!
mission for such determination. The notice shall be
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink.
Salem, Mass. --- -
-------- �1-- I--1` ----------------19-�3
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
statespecific reasons) -------------------l----`----------------------------------------------------------- -------------------- --------
---------�� y_✓e y N-Ir----------u T___nl Ree �tJ �1 � --0 N e_---•4. ;�- e-a,
!�---4_4� ---S'-F' -" � f S°-f`u - Rost cue ------------------------------------------
-------------------------------------------------------------------------------------------------------------
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not re aired.
1. Name of Owner ---
4 Al -Le-1 - ---7_11-------- --!Z y-�- � y--------------------------------------- -
Address----/p---- `n/f�-'� �-/-----le`-r---- ------
`-'�°�v- '�--------
---- — f�--�--�------------
2. Name of Engineer or Surveyor
Address----- L__G_�e�rL-_y----`S1--_------- t-- LrPe£-`-----1'! 'f_J1-----------------
3. Deed of property records in -----------------------------------SS-S--e-°L-------------- Registry
Book %o 37i�/�3) 107/- Page yos y/v-`� SLu G
4. Location and Description of
Property: ------- -----------------------------------------------------------
.____--__ /__-4i---_ __ 4-.C�_b*'SeLf�r� ----- ______________________________
________w 1- /Ifo _---------U_�_g fivh, ___/I t✓__ 3 0 0(C •TT/ /7
----- y ` _ J _`t----t_7-------- -
---- -------- -
--
-----------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------- -
5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots.
Signature of Ownera L= - � s �t� - _.._...
o d J oa-/_e.4 014 f1
Address ---------'�-1?- ` /`� `k --------
Telephone Number ----- ,Z��_ - `���- -----------------------
_ fi(ca�v
v Ctu of '$a1 m, '�Httssttt4usefts
]hanning nzzr� SEP1 I! 47 &1 '93
ClrY OF
CIERK,S OFF, all
,Salem, , assachugetts 01970
NOTICE TO BE ATTACHED TO
FORM"A"APPLICATIONS
See Form "A" applications for
complete instructions for filing.
All insertions shall he typewritten
or printed neatly in ink.
Date:
City,Clerk
Salem, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan fled with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
P P 9 C0le—e f
The land shown on the accompanying an 'n plan is located at _____ ________ __h___�_4i_'�'.•1_____.��__v__�-
C(i?v<..css lsl-------0D- f4-,h �s��-------------__- in Ward -------------
(insert street and street numbers here)
Si ature of Owner L3.c C" c � . ��C/ / C. OYt
-
-
----------------------------------
Street Address ----! -- — —— - -
City/Town&State----- .f a I e * t s------------------------------------
Telephone Number -------- __'_�_ 4f1p, P
r
( UM of *Itw, Aassar4use##s
0tp Pall
o$alnn, Mussuchnotth 01970
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the
applicant must file, by delivery or registered mail, a
Notice with the City Clerk stating the date of sub-
mission for such determination. The notice shall he
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, Sled with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink.
Salem, Mass., —�` {—`18 + 19 X73
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
statespecific reasons) -----------------------------------------------------------------------------------------------------------------
_h_`-F----
aj
._ a+_�}_ --- ,– -----11-1– ---------!_s4�Q_l' 5,,,------------`--------------—-----
-----------------------------------------------------------------------------------------------------—------------------—---------------------------
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner _L. _w_iL.Z x" P , e O i�---------------------------------------------------------
Address /c7__ L .a k_tnn' -----r--� �� 1--Q5 � —``------ r�
2. Name of Surveyor
or En 'neer `se,ea I� G ueiZRihi
E} /
------ ---------- ---------------------
Address _L_l__w_�_Qn x_o ti —S ... t—`� " `� -------A-44-A.;
3. Deed of property record/$ in ------------------------------------------ 'ri, _y---------- Registry
Book/"�il�v37� -�P7l--- Page -`{cr ` � ( -- 46
4. Location and Description of
., Property: ...........---------------------------------r--_----------------------------------------
-�3�0 (
-------------- 19�r ' <_ � ------------------------
--------------
fS _ 9 - j- b 4 N------16 L,- - X'�y-----°l 4 K l3
---------------------
--------------Lot_ 144------ Qs, __6--- LqJ- '- 3"-� s'-- O 1,4 ti
---------------------------------------------------------------------------------------------------------------------------------------------------
5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots.
Signature of Owner----- �� --- -/- = ------
Address-1-0------Cdt y_ eK— �r`, l!t�r�_ �J
--- _--
Telephone Number --- d __7 y T b$----------------------------
lGi#g of 'Salem' Aassa✓Muse##s
ao .... Planning Peart
CSE
CIifg Cell
Salem Ansenchuset}s 01970
NOTICE TO BE ATTACHED TO
FORM "A"APPLICATIONS �' a
A
See Form "A" applications for o m
complete instructions for filing.
All insertions shall be typewritten "� W
o- m
or printed neatly in ink. ' t
—o
mn
Date: -__March_ 25_, 1 997 N
City Clerk
Salem, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
The land shown on the accompanying plan is located at __14Cedarerest Road
- - --------------------------
- - - -
--------------------------------------------------------- in Ward 72
(insert street and street numbers here)
Signature of Owner
Street Address ----- --��-- �t�t ---1 _hA __/_ ----------------------
City/I'own &State ------ JJ ---------�z6nl ----------------------------
Telephone Number ..1 7 S`=! -
(1Zi#g of �$atem, 'fflttssar4use##s
���, f ^f � �12I1t1ttIt� �II2it�T
'QfcomvE�
�itg fall
�6slem, Ansme4ussfts 01970
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the
applicant must file, by delivery or registered mail, a
Notice with the City Clerk stating the date of sub- S
mission for such determination. The notice shall be — n
attached to two copies of this Form A application. m
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one ; W
copy of this Form A, with the Plan, filed with the o= W
Planning Board by the applicant. All notices and z cc
applications shall be typewritten or neatly printed n s
in ink. u+
� co
r
Salem, Mass-- ----------------....March---251-_-_199]---
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
state specific reasons) -------13Qth---lots_have__the__reguired__frontage_on an_________-
aecepted_ way_-and_ both lots_ have been granted a variance for
---- - -------- --------------
relief from the required lot area as shown in Table I of the
---- - --- -
s. -
------------------------------------ ---------------------I---------------
Residentiai Density--Regula-tion
----------------------------------------------------------------------------------- ---------------------------------
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner -------- eoila_-E.___Sharrock_........................ ............................
Address --------14Cedarcrest Road Salem MA
---- ----------- ------------------------------------------------------
2. Name of Engineer or Surveyor
Michael D. Bovio for Coastal Survey
- - ------------------ ---- ---- --- -----------------------------
Address -_- Wadsworth Village
__730_ Centre- St . Danvers-,-_MA... -_-
3. Deed of property records in -- Essex South Registry
Book -_-3602--------- ------- Page --98
4. Location and Description of Propertv: - The-_proper.ty-_ia-located--at--_14------------- .
Cedarcrest Road at the corner of Cedarhill Road Cedarcrest Road
and Kelly Road shown as lot 118 on Assessor ' s Map 21 with a
-
tota area o + -
- ----------------------------------- --- -- -- --------- --- --- --- - - - _----------------- ----------------- --------
-------- ---------- -- ------------------------------- -------------- ------------ ---- - ---- ----
5.
--5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots.
Signature of Owner--
Address -------
,7
-- y –
Telephone Number --17)Z.-4--. -__
(situ of Saiem, � Hus ztitusetts
e
ioQ S Poll �\of\AVPPIASS
CJ `.N;.��,L
DECISION ON THE PETITION OF REX AND DOREEN TURBEN FOR A SPECIAL
PERMIT/VARIANCE AT 14 CEDAR CREST ROAD. (R-1)
A hearing on this petition was held March 19, 1997 with the following
Board Members present: Gary Barrett, Chairman; Paul Valaskagis, Arthur
Labrecque, Nina Cohen and Albert Hill. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioners are requesting a Special Permit/Variance from lot size to
enable a subdivision from three (3) existing lots to two (2) buildable
lots. Lot sizes are from 15,000 sq. ft. to 13,636 sq. ft. on Lot #118A and
13,112 sq. ft. on Lot # 118. This is a Residential Single Family District
(R-1) .
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
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 of 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. There was no opposition in this matter.
2. This will allow the Petitioners fuller use of the Property.
3. The Petitioners requested grant leave to withdraw the Special Permit
without prejudice.
4. The request to withdraw the Special Permit without prejudice was
granted by a vote of 5-0, March 19, 1997.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
DECISION OF THE PETITION OF REX & DOREEN TURBEN REOUESTING A VARIANCE\
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 CEDAR CREST ROAD
page two
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. all requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. All construction shall be done as per the plan and dimensions
submitted and approved by the Zoning Enforcement Officer.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioners shall obtain proper street numbering from the City of Salem
assessors office and shall display said number so as to be visible from
the street.
7. Petitioners are to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variances Granted
March 19, 1997 \
J
fi
Albert C. Hill, Jr.
Member, Board of Appeal
9
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 of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
�T 4` Oto DE "'SUIVIIi, tiSattt�j1151' :i
ti
mite spall
`wa(nn, �4tlauuud�uuellu U397U
n S
NoncL TO B1: A• I'ACIIIID TO
N
FORM "A" APPLICATIONS �� —r
See Form "A" applications fur N> p
E:
complete iustructimu I'ur filing. .
F
All insertions shall be typewritten
or printed nearly in ink. m N ea
N �
Date: --March_2b�__199.2------
City Clerk
Salem, NlaS5acInUCtlS 01970
Dear Sir:
1 hand you herewith two cupies of Form A, an application submitted by me Ibis day to the Plan-
ning Board of the City of Saleut requesting a determination and all endorsement wt a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Wgulatimu is
not required.
I
The land shulyn un the accuutpanying plan is located at ..-3R-42..f rowdis..S.treet----------------
- --------- ------------- in Ward ---4.----------------------------------- -----------------
(insert
- -------------
(insert street and street numbers here)
Di e Ellen Carthy and Edward F. McCarthy
Le ar i. s can and Dianne M. Redican
Signature of Owner ---. - �•:--. .-OM1------ -
b o ph C. Correnti; At rney
Street Address QIQ— --------------------
t3 Federal Street
City/l'uwn&State.-Saletil, ---9-1.47.0------------- ---------------------- ---------
Telepbuue Number _50.8...744x17212-------------------------------------------------------
f1li#g of 5alfm, 4nassar4usetts
pis pII=a
(Eau �611
�ale�, ,s�ssa�seu$aisra
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the
applicant must file, by delivery or registered mail, a
Notice with the City Clerk stating the date of sub-
mission for such determination. The notice shall be
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink.
Salem, Mass., __-__-March_2b--_199I—
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
state specific reasons) —each of the two VU nealots created hac h �gLyxQ -
_frQtltaee on a public way, Crowdis Street, as currentlyequired b
ry---
the
__Salem_Z.Qning Ord;—nand- -_
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required. Redican and Dianne M. Redican
1. Name of Owner _-Diane Men Mnrarth_yr-E(jWardMr( arthy, T anna rd Franr;c.1
Address cin_,InseplL_f---Lnrren-Li fi3_Eederal Street_ Salem, MA D19.Z0
2. Name of Engineer or Surveyor _�nrth_Shure__Surse;t_Cnrpnratinn_____---------__ _-_
- ---------
Address__41__Linden_5tre_e_ta__Salam._
----------------------
3. Deed of property records in _Fssex--- oath_J)istxict---.----------___-----Registry
x_lzQcumenli._I3n�__327.8J7_ I�cg�c_c_fiJ_7.7.6 _
4. Location and Description of Property:
SOIITHIIESTERIS__-hy_Grorsd3s.Ssre et_,--203...8fi--fEei�------------------------------
NORIE•ESIE Tv__--J)-y_l.at RB_D_nn._I,and_fourt__Plan__NQS-B5b-L,--3D9_19__ferty
NORTBEASTERi Y---b_y__n-pnr-Lion-of_In_t__B2A_an_P]att_B56-i xs 83A_and_B3B_-on.---
------------------
Plan_No_ 856-M, and a portion of Lots83C and 83D on said
------------------------------- ---feet:--and
------------------------------------------- --------
SDIITHEASIERLL------zy__7.ot__l0$_.on Y_1an_11o_._n6=F.__2-62-E3-f_eeta---------------------------------
-----------------------------------------------------------------------------------
5. All streets and abutting lot lines shall be shown on Plan toge er with the names of the Owners
of the abutting lots. `''
C ` __
Wpm
Signature of Owner----- - �_______
b os ph C. Correnti, Att ney
Address___sera£in . Sera£ini_and_Darl;no_,.._43_-Yederal--S-treet, Salem,
Telephone Number -----j__508}__244-0212------------________________________-
(RU of $alem, Axssar4me##s
*ft Z17
ltr;n;F TV
c'l.l RK�S1Z)F f11CS
cdp Mall
eSalcaT, �lassac!luadfa 01970
NOTICE TO BE ATTACHED TO
FORM"A"APPLICATIONS
—
See Foran "A" applications for
complete instructions for filing.
All insertions shall be typewritten
or printed neatly in ink.
Date: __March 14, 1997
----------------------
City Clerk
Salem, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
The land shown on the accompanying plan is located at _ 6Champlain Road, Salem, MA
--. .
-------- – -- – — – --- — – – –-- – --- in Ward ---3 ------–----- --------------------------------.
(insert street and street numbers here)
Signature of Owner -_ �_ '----------------------
in -
StreetAddress -_12__ _arrin&_Cross _
City/Town&State.Lynnfieldj MA 01940
Telephone Number ---c(o 508-531-7900 __----....-
-
CHC of $alem, cIffinsear4usetts
— °� �Iumtixig �RuxrD
CHU Xsu
FORM A Ant"111 11111newr tusms 0197D
APPLICATION FOR ENDORSEMENT 9
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL �+
In accordance with provisions of Section 11-11, the
applicant must file, by delivery or registered mail, a ?7�7 'y
Notice with the City Clerk stating the date of sub- 1
pq
mission for such determination. The notice shall be
attached to two copies of this Form A application. ����tts
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
— copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
— in ink.
Salem, Mass., _ ----------- -------- 14, ----19. 97-.
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem docs not
cunstitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. 11-A and
state specific reasons) .Lot_-A-_S__B have suff scent area and frontage_on a-- public.way
-.--------'--- --- - -------- - -----------__--------
- known as Champlain Road as per a Variance_ granted on November 13, 1996 and
------------------------------- - --------------------------------------------..-----
a Petition for a Waiver granted on March 6, 1997.
-.."
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
_ 1. Name of Owner Champlain Road Realty
-Trust,_-Philip Se
_Singleton,__Trustee
Address l2 Charring Cross, Lynnfield, MA 01940
2. Name of Engincer or Surveyor Christopher_ R. -Mel,lo PLS
Address 104_.Lowell__Street,__"Peabody,_" A 01960
3. Deed of property records in ..__..Essex South. District -_-_ Registry
- - - - ---- -----------
Book 13640 Page -- ------419 - -
4. Location and Description of Property: Property_1Qr_ated._an_.fi---Champlain_Raad...Salem;
,Northerly__by,. land-.of-_Belanger,._CheeveF.,_.D.ania-_and_Ganthier.J_Hasterly_by.."land
of_Bernard--and LeVasseur"and._by Arthur_StS_eet: _Southerly-.by---Re,ad-_S.tre.Gt.-and
land. of King;__Wes[e_rly by Saint Anne s' Park,.__ _-_____-_
------'-----------------------
------... -.__------_._ _.._..----------------- -------------------- ...,------.......
- ------------------ ------------
_".....--`----------.-_-1--- ----------------------------
-------
5. AB streets and abutting lot lines shall be shown on lan t ether ith the names of the Owners
of the abutting lots.
1P
Signature of Owner 31 g tori L'1'rustL�
Address 12--- mass-.--1y "ielda_MA-_01940- - ._."-
Telephone Number _c[o-_ 08-531-7900-___
Litg of �$Utem, cfflttssarhuseffs MAR 21,997
[xnnalgaara SalemPlan—:n;n:^ n5(
(Uitg all
.04
�a1em, �IaaascElvaetta 01970 �D�
FORM A
m APPLICATION FOR ENDORSEMENT
a OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
o In accordance with provisions of Section II-B, the
e ' ' applicant must file, by delivery or registered mail, a
Y Notice with the City Clerk stating the date of sub-
N mission for such determination. The notice shall be
U ' attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink. ry`/
Salem, Mass., .____94�,(/.C1'�t<.__�A___.....19.
To the Planning Board: _
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
state specific reasons) _2h_ere.__are__thio__buildings---ori--onca--lat--each_having-------
frontag-e_-on---a--- ubl i c-_ways-and._tile--_d_i.vision__C f--- ai _
dLo.t...in-to-------
..
two separate lots on each of which one of such buildings--remain
- -------------------------------------------------------------------------------------------------------------------
standing does not constitute a subdivision.
- -------------------------------------------------------------------------------------- ---------------------------------------------------
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner _-Estate of Thomas A. Smith, c/o Jane T. Lundregan, Esq.
--------------------- -
Address _Lundregan Law Offices, 81 Washington Street, Salem MA 01970
- ---------------- ---------------
l. Name of Engineer or Surveyor ,.-..Donald I. Desmond, Jr-----------------------
_ _ _ _ __ --_
Address _Rancnck...Survey--Assoc„_ Inc.__-235_Newbury...Street,_-Danvers_t MA 01923
3. Deed of property records in -. Salem South . Registry
Book -----6-834. ---------- - ... ._. Page ------109------ -----------
a. Location and Description of Property: _ 10Hodges_Court and-_19-21_ Herbert__Street
- ------ - . -------- ...... - -- ....... - - _-- ---- ----- ------------_-------- -----------
-------------
-------
----------- ------------ -- ----------- ..... - --------------------- -----------
---- ------- -
---------
---------- -
_ .. -.... — ---- ----------- --- - -- - ------- --- --- - --- ------------------------------------ ----- ---- -
- _. .---------------------- ---------- ------------ --- --------------------- --------------------- -- -------
_- ----- ------------------------------ --- --- ------- ............ .. - - -- ------- ---------------------
---------- ----------------------------- - --------------- -- ------------- - - - - -----------------------------
.All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots.
Signature of Owner- :vlfu ei. __-G......'1
Address �/1.-- iLY �1.VLq . �
Telephone Number _-- ... . .. -..[- .[.3. .-_- -----
-.:_ � _. ..�:.:.. .:.. .. :.. - - -..:...y t:::.___.. - ... : ..-a.,::: cr-'ten✓-..::.�a..+�>.-LT1p '. a-c-.-.n-.n+ > .. .
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO. 93-2377B
LAURI A. PANNETON, )
Plaintiff )
V. )
WALTER B. POWER, III, DEBRA J. )
HILBERT, KONSTANTINOS PRENTAMS, )
DAVID M. HART, ALBERT C. HILL, )
CHARLES M. PULED, LINDA J. VAUGHN, )
CARTER L. VINSON AND JOHN C. )
MOUSTAKIS, as they are the members )
of the Planning Board of the City )
of Salem, )
Defendants )
ANSWER
Now come the defendants as they are members of the Planning Board of the
City of Salem and respond to plaintiffs complaint as follows:
1. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 1 of plaintiffs compiaint.
2. The defendants admit the allegations contained in paragraph 2 of plaintiffs
complaint.
3. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 3 of plaintiffs complaint.
4. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 4 of plaintiff's complaint.
5. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 5 of plaintiffs complaint.
6. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 6 of plaintiff's complaint.
7. The defendants are without sufficient information to either admit or deny the
allegations contained in paragraph 7 of plaintiff's complaint.
8. The defendants deny the allegations contained in paragraph 8 of plaintiffs
complaint.
9. The defendants deny the allegations contained in paragraph 9 of plaintiffs
complaint.
10. The defendants deny the allegations contained in paragraph 10 of plaintiffs
complaint. Stating further, the plaintiffs application was not filed with the City
Clerk until September 2, 1993.
11. The defendants admit the allegations contained in paragraph 11 of plaintiffs
complaint.
12. The defendants admit only that they took a vote on September 16, 1993, which
vote speaks for itself and deny the remaining allegations contained in paragraph
12 in plaintiffs complaint.
13. The defendants admit the allegations contained in paragraph 13 of plaintiffs
complaint.
2
I
COUNT I
14. The defendants incorporate all its responses set forth in paragraphs 1 through
13 above in response to paragraph 14 of plaintiffs complaint.
15. The defendants deny the allegations contained in paragraph 15 of plaintiffs
complaint.
16. The defendants deny the allegations contained in paragraph 16 of plaintiffs
complaint.
WHEREFORE, the defendants request that plaintiffs complaint be dismissed with
costs awarded to the defendants.
COUNT II
17. The defendants incorporate all its responses set forth in paragraphs 1 through
13 above in response to paragraph 17 of plaintiffs complaint.
18. The defendants deny the allegations contained in paragraph 18 of plaintiffs
complaint.
19. The defendants deny the allegations contained in paragraph 19 of plaintiffs
complaint.
20. The defendants deny the allegations contained in paragraph 20 of plaintiffs
complaint.
21. The defendants deny the allegations contained in paragraph 21 of plaintiffs
complaint.
WHEREFORE, the defendants request that plaintiffs complaint be dismissed with
costs to the defendants.
3
1
COUNT III
22. The defendants incorporate all its responses set forth in paragraphs 1 through
13 above in response to paragraph 22 of plaintiffs complaint.
23. The defendants deny the allegations contained in paragraph 23 of plaintiffs
complaint.
24. The defendants deny the allegations contained in paragraph 24 of plaintiffs
complaint.
25. The defendants deny the allegations contained in paragraph 25 of plaintiffs
complaint.
26. The defendants deny the allegations contained in paragraph 26 of plaintiffs
complaint.
WHEREFORE, the defendants request that plaintiffs complaint be dismissed with
costs to the defendants.
FIRST AFFIRMATIVE DEFENSE
The plaintiff fails to state a claim upon which relief can be made.
SECOND AFFIRMATIVE DEFENSE
The defendants state that plaintiffs application constitutes a subdivision within
the meaning of M.G.L. Chapter 41.
THIRD AFFIRMATIVE DEFENSE
The defendants state that plaintiffs application was filed with the Salem City
Clerk on September 2, 1993 and that the defendant Board took action within twenty-
,. one days thereof.
4
FOURTH AFFIRMATIVE DEFENSE
The defendants state that the plaintiff failed to abide by the requirements of
M.G.L. Chapter 41, 81T in that plaintiff failed to give written notice to the City Clerk
that she submitted a plan to the defendant Board.
Respectfully submitted,
Defendants,
By their attorney,
P-Knnard F. Femino
Assistant City Solicitor
BBO #162685
One School Street
Beverly, MA 01915
(508) 921-1990
5
CERTIFICATE OF SERVICE
I, Leonard F. Femino, hereby certify under the pains and penalties of perjury
that on this 26th day of October, 1993, I served a copy of the within Answer by
mailing, postage prepaid, to plaintiff's attorney, James M. Fleming, Esquire, 47 Buffum
Street, Salem, Massachusetts 01970.
L nard F. Femino
I
6
I
it Qriy . 7� -�l"Ci r
COPY 101417n141 .0 ra •� 9
(1.0 PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: —TORT — MOTOR VEHICLE TORT— 3
CONTRACT — EQUITABLE RELIEF— OTHER.)
COMMONWEALTH OF MASSACHUSETTS
T ESSEX, ss. SUPERIOR COURT
CIVIL ACTION
T xo.J2 -
Lauri
3 .Lauri A. Panneton
.. ... ........ .. ....._......._.................... --- ... .. . --..........._.. , Plaintiff(s)
u u
U .J
9 �
y Walter B. Power III, Debra J. Hilbert, Konstantinos
s Prentakis, David M. Hart, Albert C. Hill, Charles M. Puleo,
2 cr L. Vinson & John C. Moustakis, f
Linda 7.-- d>ughn,-- Cart___ ............ . Defendant(s)
M -E as they are the members of the Planning Board of the
City of Salem,
T. '1
z SUMMONS
To the above named Defendant: _
R L
o You are hereby summoned and required to serve upon --- ames,_M....Flemirg, Es_q,_....____.........:. ..
u �
u [
z plaintiffs attorney,whose address is 4z...Buffum..S.CA..... ....01-970-------------------_----------- ;an answer to the
a „
complaint which is herewith served upon you,within 20 days after service of this summons upon you,exclusive of the
O u
.. L
oc day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the
U
Ti complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at
........................................................ either before service upon plaintiffs attorney or within a reasonable time thereafter.
U C
6 t
.3 Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may
have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs
is
o c
claim or you will thereafter be barred from making such claim in any other action.
c m
c
v
0 3
r° WITNESS, Robert L. Steadman, Esquire,at Salem,the 8th
> day of October in the year of our Lord one thousand
z ° nine hundred and ninety- three.
oRUE COPY ATTEST-
ty Sheriff
0 /0 /
Clerk
Z
Z w NOTES:
I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Prowdum.
2. when more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each
defendant,each should be addressed to the particular defendant.
Office#30
COMMONWEALTH OF. MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL NO.
LAURI A. PANNETON, )
Plaintiff )
V. )
WALTER B. POWER, III, DEBRA J. )
HILBERT, KONSTANTINOS PRENTAKIS, ) COMPLAINT
DAVID M. HART, ALBERT C. HILL, )
CHARLES M. PULED, LINDA J. )
VAUGHAN, CARTER L. VINSON, and )
JOHN C. MOUSTAKIS, as they are )
the members of the Planning )
Board of the City of Salem, )
Defendants )
JURISDICTION
This is a civil action, in the nature of mandamus, as
permitted by the provisions of Massachusetts General Laws,
Chapter 41, Section 81 BB.
PARTIES
1. The Plaintiff, Lauri A. Panneton, is a natural person who
resides at 10 Laurent Road, Salem, Essex County,
Massachusetts.
2 . The Defendants are Walter B. Power, III, who resides at 18
Loring Avenue, Salem, Essex County, Massachusetts, Debra J.
Hilbert, who resides at 15 Warren Street in said Salem,
Konstantinos Pretakis, who resides at 71 Whalers Lane in
said Salem, David M. Hart, who resides at 104 Federal Street
in said Salem, Albert C. Hill who resides at 4 Larkin Lane
in said Salem, Charles M. Puleo, who resides at 5 Freeman
Road in said Salem, Linda J. Vaughan, who resides at 38
Greenway Road in said Salem, Carter L. Vinson, who resides
at 330 Essex Street in said Salem, and John C. Moustakis,
who resides at 23 Dearborn Street in said Salem, and who are
the duly appointed members of the Planning Board of the City
of Salem, ("Planning Board") .
ALLEGATIONS OF FACT
3 . The Plaintiff owns an undeveloped parcel of land located at
19 Greenlawn Avenue, Salem, Essex County, Massachusetts.
The parcel contains 8245 square feet of land and has 50 feet
of frontage on Greenlawn Avenue in said Salem. The parcel
is recorded in the Essex County Registry of Deeds, Southern
District, at Book 10371, Page 405. The parcel, number as
11111 , is shown on the Assessors Map attached as Appendix "A
to this Complaint.
4 . Lucille A. Swiniuch, the mother of the Plaintiff, owns an
adjoining, undeveloped parcel of land located at 19
Greenlawn Avenue, Salem, Essex County, Massachusetts. This
parcel contains 8883 square feet of land and has 50 feet of
frontage on Greenlawn Avenue in said Salem. This parcel is
recorded in the Essex County Registry of Deeds, Southern
District, at Book 10371, Page 404. The parcel, number as
11211, is shown on the Assessors Map attached as appendix "A"
to this Complaint.
5. Richard E. Swiniuch, Jr. , the brother of the Plaintiff, owns
an adjoining undeveloped parcel of land located at 19
Greenlawn Avenue, Salem, Essex County, Massachusetts. This
parcel contains 9343 square feet of land and has 50 feet of
frontage on Greenlawn Avenue in said Salem. The parcel is
recorded in the Essex County Registry of Deeds, Southern
District, at Book 10371, Page 403 .
6. The Plaintiff, Lauri A. Panneton, has an agreement, dated
July 15, 1993, with Lucille A. Swiniuch and Richard E.
Swiniuch, Jr. , to transfer title to the so-called parcels 2
and 3 to the said Plaintiff, Lauri A. Panneton. The
Plaintiff intends to build a single family residence on the
combined lot which totals 26,471 square feet and has, at a
minimum, 80 feet of frontage on Greenlawn Avenue in said
Salem.
7 . Greenlawn Avenue in said Salem, Essex County, Massachusetts
is a way shown on a plan which has been previously approved
by the Defendants, acting as the Salem Planning Board, in
accordance with the provisions of the Massachusetts
Subdivision Control Law, Massachusetts General Laws, Chapter
41, Sections 81K - 81GG.
8 . On July 30, 1993 , the Plaintiff, in accordance with the
provisions of Massachusetts General Laws, Chapter 41,
Sections 81P and 81T, submitted a plan, combining parcels 1,
2 and 3 , to the Defendants, in their capacity as the
Planning Board of the City of Salem. At the time of the
submittal, the Plaintiff, by means of a Form "A"
Application, indicated that her plan did not require
approval under the Subdivision Control Law. The application
is attached as Appendix "B" to this Complaint.
9 . On July 30, 1993 , the Defendants, by a duly authorized staff
person, accepted the Plaintiff's application and plan,
together with a personal check for the fee of $75 . 00. The
check cleared the depository bank on August 9 , 1993 .
10. The Defendants took no action on the Plaintiff's application
and plan until September 2, 1993 .
11. The Defendants, acting in their capacity as the Planning
Board of the City of Salem, held a public hearing on the
Plaintiff's application and plan on September 2 , 1993 . On
that date, the Defendants called for a site visit on
September 11, 1993 and continued the public hearing to
September 16, 1993 .
12. On September 16, 1993 , the Defendants, acting in their
capacity as the Planning Board of the City of Salem, voted,
6 to 2 , not to endorse the Plaintiff's plan as a plan which
did not require approval under the Subdivision Control Law.
The Defendants wrongfully determined that, in their opinion,
the plan requires approval under the Subdivision Control
Law.
13 . On September 21, 1993 , the Defendants gave written notice of
their determination to the City Clerk of the City of Salem,
Massachusetts. A copy of that written notice is attached as
Appendix "C" to this Complaint.
COUNT I
14 . The Plaintiff incorporates all of allegations of fact set
forth in paragraphs 1, 2 , 3 , 4, 5, 6, 7, 8, 9, 10, 11, 12,
and 13 above as if they were repeated herein.
15. After the Plaintiff submitted her Form "A" Application and
plan to the Defendants on July 30, 1993 , the Defendants did
not give written determination of their opinion that the
plan required approval until September 21, 1993 , a total of
fifty-three (53) days.
16. Massachusetts General Laws, Chapter 41, Section 81P,
requires that such written notice of the Defendants' opinion
be given to the City Clerk within twenty-one (21) days of
the submittal by the Plaintiff, without a public hearing.
WHEREFORE, the Plaintiff requests that this
Honorable Court:
A. Order the Defendants in their capacity as the Planning
Board of the City of Salem to endorse the Plaintiff's plan
"Subdivision Approval Not Required" or:
B. Order any other relief that the Court may deem
appropriate.
COUNT II
17 . The Plaintiff incorporates all of the allegations of fact
set forth in paragraphs 1, 2 , 3, 4, 5, 6, 7 , 8, 9, 10, 11,
12 and 13 above, as if they were repeated herein.
18 . Massachusetts General Laws Chapter 41, Section 81P, mandates
that a Planning Board cannot withhold approval of a
submitted plan unless the plan shows a subdivision.
19 . Massachusetts General Laws Chapter 41, Section 81L defines
subdivision as "the division of a tract of land into two or
more lots. . . "
20. In the instant matter, the Plaintiff's submitted plan does
not indicate any division of land into two or more lots.
Rather than dividing land, the Plaintiff is combining three
parcels to meet the requirements of the Zoning Ordinance of
the City of Salem.
21. The Solicitor of the City of Salem so ruled on January 19,
1986. A copy of that opinion is attached as Appendix "D".
WHEREFORE, the Plaintiff requests that this
Honorable Court:
A. Order the Defendants in their capacity as the Planning
Board of the City of Salem to endorse the Plaintiff's plan
"Subdivision Approval Not Required" or:
B. Order any other relief that the Court may deem
appropriate.
COUNT III
22. The Plaintiff incorporates all of the allegations of fact
set forth in paragraphs 1, 2 , 3, 4 , 5, 6, 7, 8, 9, 10, 11,
12 and 13 above, as if they were repeated herein.
23 . On September 16, 1993 , the Defendants, in their
deliberation, wrongfully indicated that the Plaintiff's
plan, since it showed only eighty (80) feet of frontage on
Greenlawn Avenue, could not be endorsed "Subdivision
Approval Not Required" .
24 . Massachusetts General Laws, Chapter 41, Section 81L provides
that "a division of land will not constitute a subdivision
if, at the time it is made, every lot within the tract so
divided has frontage on. . . (b) a way shown on a plan
theretofore approved and endorsed in accordance with the
subdivision control law. . . " Section 81L also requires that
the frontage be at least the designated distance as required
by the Zoning Ordinance, and if no distance is required, the
frontage must be at least twenty (20) feet.
25. The Salem Zoning Ordinance does not mandate any minimum
frontage. The above-mentioned opinion of the City
Solicitor, dated January 29, 1986 and attached as Appendix
"D" makes that fact clearly evident.
26. The submitted plan of the Plaintiff indicates at least
eighty (80) feet of frontage on Greenlawn Avenue, a way
previously approved in accordance with the provisions of the
subdivision control law.
WHEREFORE, the Plaintiff requests that this
Honorable Court:
A. Order the Defendants in their capacity as the Planning
Board of the City of Salem to endorse the Plaintiff's plan
"Subdivision Approval Not Required" or:
B. Order any other relief that the Court may deem
appropriate.
Laurie A. Panneton
By her attorney
James M. Fleming, Esq.
47 Buffum Street
Salem, Massachusetts 01970
508-744-8341
(BBO #542657)
October 8, 1993
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94ABU
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the
applicant must file, by delivery or registered mail, a
Notice with the City Clerk stating the date of sub.
mission for such determination. The notice shall be
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink.
Salem, Mas.,
To the Planning Board:
The undersigned,believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
statereasons) _ _ _ �--
t� Ov,�&- Lot C�tiix�N,
and herewith submits said plan fora determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.�
1. Name of Owner
Address L� L-X4'!_1+ su..1` �� �u - —S_h��_ 1Nt� r1
`ate--• --
2. Name of Engineer or Surveyor
Address-L1..ru-J-ets4.nsa...Lt `-s1_�i+ rd.. kt� -- ... —
3. Deed of property tecoin ___...._._..______._..............•--------- .......... Registry
Book/-?J us)i .{u.f.71... Page L
4. Location and Description of Property: ----.......---_--.... ....
�__� _---•-
.....—......_`_V..t_ .__6_._—.._C�� �f�.a.....LiR ......___ice..
5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots. l
Signature of Owner— __._..
Telephone Number -_.VA:__71 !F_B!?8-__----..----.^_..
(9i#V of Yakut, 45assar4usetts
tau Amu
palm. Alamu4uadta 01970
NOTICE TO BE ATTACHED TO
FORM"A"APPLICATIONS
See Form "A" applications for
complete instructions for filing.
All insertions shall be typewritten
or printed neatly in ink.
T41ti aat, 1953
Date: —City Clerk
Clerk
Sahara, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
/� P 9 lOiP4vt /,+,. q /orae:
LThe land shown on the accompanying\\ lan is located at ___..__.-.,,_yy-.....__—..--___-_.___----_---.�•-
.0 '-. "-=' r�-----G "y._J.&_s�._1_...-•---._..._._ in Ward --------•T-------••---•.....................—.._...__.._.
(insert street and street numbers here)
9
Signature of Owner l_4 __. t/L ........
Street Address .._-_-�- --.!� _3txf ---� -------
City/I'own &State_.__.SM 1 e _^Lt__.Y�nj 11
Telephone Number ------:4
MICHAEL R. PANNETON B Z
•' LAURI-ANN'PANNETON
10 LAURENT ROAD,APT.,
PALEM, MA 01M q�
�� 19 L_ 6i�lS61/stu
PAY TO 7HIJ
a r
a - DOLLARS
1: 2 i i 38 5 5 L41: 0 17 7000 38 14us or, i0 '41000000 7 Moo-
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Out Salem Gam t9y�
FORM A - DECISION
Ms. Deborah Burkinshaw
City Clerk
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: 19 GREENLAWN AVENUE (FORMERLY GLENN AVENUE)
Dear Ms. Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on September 16, 1993, the .Planning Board took the following
action with respect to an "Approval Under Subdivision Control Law
Not Required" plan submitted by Lauri A. Panneton for 19 Greenlawn
Avenue: a vote of two (2) in favor, six (6) opposed, to endorse the
pian.
The Board determined that in its opinion the plan requires
approval under Massachusetts General Law Chapter 41, the
Subdivision Control Law.
C1 i1ncere^lyy,
Walter B. Power, III
Chairman
E%\DH\FORMADE.NY
3 j
0 MARY P. HARRINGTON
MICHAEL E O'BRIEN 'L . ASSISTANT CITY SOLICITOR
CITY SOUCITOR 93 WASHINGTON STREET
93 WASHINGTON STREET and
and CITY OF SALEM 59 FEDERAL STREET
187 FEDERAL STREET MASSACHUSETTS SALEM, MA 01970
SALEM,MA 01970 7444350
745.4311
744-3181
Please Reply to 59 Federal Street
Please Reply to 187 Federal Street
January 29 ; 1986
Gerard Kavanaugh
City Plainer
One Salem Green
Salem, Massachusetts 01970
Re: Lots 147 and 148
Glenn Avenue, Salem
Dear Mr. Kavanaugh:
You have requested my opinion relative to three questions
presented concerning the construction of a single-family home
on the above two lots. Specifically, you have asked the follow-
ing:
1, Q, "Does the petitioner need only 50 feet of
frontage because the lot was subdivided
prior to the enactment of the zoning ordi-
nance?"
A. An examination of the title to the above lots
indicate that they were held in common owner-
ship and about to be conveyed to the petitioner.
Accordingly, the current 100 foot lot width
requirement would have to be complied with
before a single-family structure could be
built. However.- the combined width of the
two lots totars 116.70 square feet and the
,,combined area totals 16 , 104 square feet:
. ' This conforms to the width and area require-
ments of the zoning ordinance.
2 . Q. What must the petitioner submit to the Plan-
ning Board so that a building permit can be
granted?"
A. In the instant case, it is my opinion that
there is no division of land into two or more
lots so as to constitute a subdivision within
the meaning of Massachusetts General Laws Chap-
ter 41, Sections 81K-81GG. Rather than divid-
ing land, the petitioner is combining land to
meet the R-1 density requirements of the zon-
ing ordinance.
,
/t Gerard Kavanaugh - 2 - January 29 , 1986
3 . Q. "What improvement to the abutting roadway must
be undertaken to meet necessary subdivision
control and frontage requirements?"
A. None, as it is not a subdivision. However, the
zoning ordinance. (Definitions Sec. II, #23 ) re-
quires buildable lots to have frontage on an
improved public street. I believe it would be
reasonable to assume that "improved" means
paved. As the ordinance does not specify how
much frontage on an improved street is requir-
ed, it is my opinion that if there is at least
some frontage abutting an improved street
(paved) the land is buildable, provided it
meets the density requirements of the zoning
ordinance. It should also be noted that Sec-
tion 25-105 of the Salem Code of Ordinances
relative to sidewalks and curbing should be
complied with.
In summary, it is my opinion that the construction of a sin-
gle-family residence on the above lots does not constitute a sub-
division. In addition, the two lots appear to conform in all res-
pects to the minimum density requirements (area, width) for con-
struction of a single-family home. Obviously, all the other re-
quirements of the zoning ordinance relative to the position of
the proposed residence (coverage, front yard, side yard, rear
year and height) must be complied with.
If you desire additional information, please feel free to
contact me.
Ve y tr yo ,
C-1
Michael E. O'Brien
City Solicitor
MEO/jp
Cc: City Clerk
Building Inspector
Trial Court of Massachusetts jL DOCKET NUMBER
M I CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
Division
PLAINTIFF(S) DEFENDANT(S1
Lauri A. Panneton Walter Power III, et al. , as they
constitute the Salem Planning Board
ATTORNEY(S)FIRM NAME,ADDRESS AND TEL) ATTORNEY(S)(d known)
James M. Fleming, Esq. (508) 744-8341
47 Buffum Street
Salem, MA 01970
Board of Bar Overseers # (Required) 542657
ORIGIN CODE AND.TRACK DESIGNATION
Place an ® in one box only,.
® 1. F01 Original Complaint ❑ 4.F04 District Ct. Appeal c231, s. 97 (X)
❑ 2. F02 Removal to Sup..Ct. 0231, S. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from-"._
11 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgmentlorder (Mass. R Civ. P. 60 QO)
❑ 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-99 Appeal of Planning Board Decision G.L. c41 (g ) El Yes. ® No
I
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
I
The defendants, as they constitute the Planning Board of the City of Salem
wrongfully denied endorsing the Plaintiff's submitted plan "subdivision approval.... , .
not required" on September 21, 1993.
i
I
i
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
I.
WOULD EXCEED $25,000:
I
I
i
i
1
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
None
SIGNATURE OF ATTORNEY OF RECORD OR PLAINTIFF DATE
10/8/93
OFFICE USE ONLY -i
. . NOT WRITE BELOW THIS LINE
DISPOSITION RECENEo
A. Judgment Entered B. No Judgment Entered BY-
❑ 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,
❑ 3. After jury verdict S.102C. DISPOSITION ENTERED
❑ 4. After court finding Disposition Date BY:
❑ 5. After post trial motion DATE.