18 WASHINGTON SQUARE WE - ZONING Form A`-111,111, X101
vg.co CITY OF SALEM, MASSACHUSETTS
DEPARTMENT OF PLANNING
AND COMMUNITY DEVELOPMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01 970
TEL. (978) 745-9595 EXT. 31 1
STANLEY J. USOVICZ, JR. FAX (978) 740-0404
MAYOR JOSEPH P. WALSH
ACTING DIRECTOR AND CITY PLANNER
MEMORANDUM
TO: John Keenan, City Solicitor
Legal Department
FROM: Denise Sullivan, Assistant City Planner
Department of Planning and Community Development
DATE: January 24, 2002
RE: Legal Opinion Concerning Property Located at 18 Washington Square
Three Corners Realty Trust, owners of the Hawthorne Hotel located at 18 Washington Square,
submitted a Form A subdivision plan for review and approval by the Planning Board. The Form
A subdivision plan, which is attached, shows the two lots currently owned by Three Corners
Realty Trust. They are not further subdividing any lots.
During the Board's review; they questioned why the Form A was before them and the attorney
for the applicant responded that they were utilizing the plan to freeze the current zoning of the
parcels. The Board further questioned whether they could approve the plan while they were in
litigation with the applicant.
The Board voted to continue the discussion of the Form A subdivision plan to their next
regularly scheduled meeting. In addition, they requested that the City Solicitor provide them
with a legal opinion as to whether it is appropriate to approve a Form A subdivision owned by an
entity that is currently in litigation with the City.
Please provide me with such an opinion by February 7, 2002. This is the date of the Board's
next meeting, thus I will be able to provide the opinion to them prior to taking action. Thank you
for your assistance in this matter. Please contact me at the Department of Planning and
Community Development at(978) 745-9595, extension 311 if you have any questions or need
further information.
JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS .JAMES`GGILBERT
City Solicitor LEGAL DEPARTMENT Assistant'City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem,MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970
Tel:(978)741-4453 Tel: (978)744-9800
Fax: (978)740-0072 Fax: (978)744-7660
Email:jdkeenanlaw®aol.com Email: gilbert@salemlawyer.com
February 6, 2002
Denise Sullivan, Asst. City Planner
120 Washington Street
Salem, Massachusetts 01970
RE: Three Corner Realty Trust:
Hawthorne Hotel
Dear Ms. Sullivan:
You have asked for an opinion relating to the above captioned parcel, specifically
whether it is appropriate for the Planning Board ("Board") to act on a Form A
(ANR) where said entity is presently in litigation with the Board regarding an
unrelated property—to wit the hotel at Pickering Wharf?'
Although I both appreciate and share the Board's frustration and concern
regarding the pending, unrelated hotel litigation involving the applicant for the
ANR, it is my opinion that the Board is, nonetheless, required to act. I find no
statutory authority or supporting case law that prevents or relieves the Board
from its statutory responsibility to act on the application. See Mass. Gen. L. c.
41, § 81 P.
Hopefully this information is helpful. Do not hesitate to contact me with any
questions pertaining to same.
Ve truly yours,
1�
JO D. KEENAN,
Cl SOLICITOR
cc. William J. Tinti, Esq.
1 Dorothy L. Harrington, Trustee. (Appellant) v. City of Salem Planning Board et al
(Appellees), Appeals Court 00-P-862, is pending. We are still waiting for the hearing on
this matter in the Appeals Court. The initial complaint was dismissed; that dismissal is
on appeal. I fully expect the dismissal to be upheld.
:co r CITY OF SALEM9 MASSACHUSETTS'
DEPARTMENT OF PLANNING
AND COMMUNITY DEVELOPMENT
(t 120 WASHINGTON STREET, 3RD FLOOR
s SALEM, MA 01970
TEL. (978) 745-9595 EXT. 31 1
STANLEY J. USOVICZ, JR. FAX (978) 740-0404
MAYOR JOSEPH P. WALSH
ACTING DIRECTOR AND CITY PLANNER
MEMORANDUM
TO: John Keenan, City Solicitor
Legal Department
FROM: Denise Sullivan, Assistant City Planner
Department of Planning and Community Development
DATE: January 24, 2002
RE: Legal Opinion Concerning Property Located at 18 Washington Square
Three Corners Realty Trust, owners of the Hawthorne Hotel located at 18 Washington Square,
submitted a Form A subdivision plan for review and approval by the Planning Board. The Form
A subdivision plan,which is attached, shows the two lots currently owned by Three Corners
Realty Trust. They are not further subdividing any lots.
During the Board's review,they questioned why the Form A was before them and the attorney
for the applicant responded that they were utilizing the plan to freeze the current zoning of the
parcels. The Board further questioned whether they could approve the plan while they were in
litigation with the applicant.
The Board voted to continue the discussion of the Form A subdivision plan to their next
regularly scheduled meeting. In addition, they requested that the City Solicitor provide them
with a legal opinion as to whether it is appropriate to approve a Form A subdivision owned by an
entity that is currently in litigation with the City.
Please provide me with such an opinion by February 7, 2002. This is the date of the Board's
next meeting, thus I will be able to provide the opinion to them prior to taking action. Thank you
for your assistance in this matter. Please contact me at the Department of Planning and
Community Development at(978) 745-9595, extension 311 if you have any questions or need
further information.
. µv of
� .J4`QD��LL�.IiALLi
Fes ,
Pau
o3a4m,�acsacll�efls D19711
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-- --------- 1/10/2002
-----------------------�----
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
statespecificand no new lots are being created.
reasons - - — - -- - - - -- -
--------------------------------------------------------------------------------------------------------------------------------------------
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 -Three--Corners Realty Trust
--------- ---------------------------------------------------------------------------------------
Address -18 Washington Square WE, Salem, MA 01970
--------------------------------
------------------------------------------------------------------
2. Name of Engineer or Surveyor _Christopher-R. Mello,__PLS
Address ll-S
_104_Lowe _ treet, Peabody, MA 01960
--
3. Deed of property records in Essex South_-District-- --__-______.- Registry of Deeds
Book ---8479----------------------------- Page ...272-and-Doc.__No. 215980
4. Location and Description of Property: _---____.___---_____-_-__-_-_----_-.---_-_--_--.--
10 Washington Square WE
.. - - - - - - - -----------------------------------------------------------------
101 Essex Street
--
5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots. Three Corners Realty Trust, by its attorney
Signature of Owner iIIIa - ---------- ----
Address__---
---------------2�2--Essex Street, Salem, MA 01970
------
--------------------------------------------------------
Telephone Number -978-745-8065_
-------------
- - - - -
o
JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT
City Solicitor LEGAL DEPARTMENT Assistant City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem, MA 01970 SALEM, MASSACHUSETTS 01970 - Salem,MA 01970
Tel: (978)741-4453 Tel: (978)744-9800
Fax:(978)740-0072 Fax:(978)744.7660
Email:jdkeenanlaw®aol.com - Email:gilbert®salemlawyer.com
February 6, 2002
Denise Sullivan, Asst. City Planner
120 Washington Street
Salem, Massachusetts 01970
RE: Three Corner Realty Trust:
Hawthorne Hotel
Dear Ms. Sullivan:
You have asked for an opinion relating to the above captioned parcel, specifically
whether it is appropriate for the Planning Board ("Board")to act on a Form A
(ANR) where said entity is presently in litigation with the Board regarding an
unrelated property—to wit the hotel at Pickering Wharf?'
Although I both appreciate and share the Board's frustration and concern
regarding the pending, unrelated hotel litigation involving the applicant for the
ANR, it is my opinion that the Board is, nonetheless,required to act. I find no
statutory authority or supporting case law that prevents or relieves the Board
from its statutory responsibility to act on the application. See Mass. Gen. L. c.
41, § 81P.
Hopefully this information is helpful. Do not hesitate to contact me with any
questions pertaining to same.
Vel"
e tr(uly�,
1
JO D. KEENAN,
Cl SOLICITOR
CC. William J. Tinti, Esq.
1 Dorothy L. Harrington. Trustee. (Appellant) v. City of Salem Planning Board, et al.
(Appellees), Appeals Court 00-P-862, is pending. We are still waiting for the hearing on
this matter in the Appeals Court. The initial complaint was dismissed; that dismissal is
on appeal. I fully expect the dismissal to be upheld.
. o
s � 4
JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT
City Solicitor LEGAL DEPARTMENT Assistant City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem,MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970
Tel:(978)741.4453 Tel:(978)744-9800
Fax:(978)740-0072 Fax: (978)744.7660
Email:jdkeenanlawCaol.com Email:gilbert@salemlawyer.com
February 6, 2002
Denise Sullivan, Asst. City Planner
120 Washington Street
Salem, Massachusetts 01970
RE: Three Corner Realty Trust:
Hawthorne Hotel
Dear Ms. Sullivan:
You have asked for an opinion relating to the above captioned parcel, specifically,
whether it is appropriate for the Planning Board ("Board") to act on a Form A
(ANR) where said entity is presently in litigation with the Board regarding an
unrelated property—to wit the hotel at Pickering Wharf?'
Although I both appreciate and share the Board's frustration and concern
regarding the pending, unrelated hotel litigation involving the applicant for the
ANR, it is my opinion that the Board is, nonetheless, required to act. I find no
statutory authority or supporting case law that prevents or relieves the Board
from its statutory responsibility to act on the application. See Mass. Gen. L. c.
41, § 81 P.
Hopefully this information is helpful. Do not hesitate to contact me with any
questions pertaining to same.
Ve ,truly yours,
JO D. KEENAN,
Cl SOLICITOR
cc. William J. Tinti, Esq.
Dorothy L. Harrington, Trustee, (Appellant) v. City of Salem Planning Board, et al,
(Appellees), Appeals Court 00-P-862, is pending. We are still waiting for the hearing on
this matter in the Appeals Court. The initial complaint was dismissed; that dismissal is
on appeal. I fully expect the dismissal to be upheld.
� �,`�el i awl ✓ �L
NOTES:
1.SALEM ASSESSORS MAP 35 PARCELS 412, 301 & 302
2. ZONING DISTRICT.• 85 CENTRAL DEVELOPMENT
�EVfML I J�a%016
ay G�, J. LOCUS IS LOCA TED IN ZONE C ON FEMA
G�� WASHING
FLOOD INSURANCE RATE MAP PANEL 1, COMMUNITY
TON S Q UARE SOUTH NUMBER 250102, DATED AUGUST 5, 1985.
ti w M. g. una
1 I locos \ �`
-_J 5T 4. DEED REFERENCE: BOOK 8479 PAGE 272
cssEx — ` rn (PUBLIC) 5. PLAN REFERENCES: PLAN BOOK 95 PLAN 86, LCC 4153 D
„ V 1
0
3�eaNr cHAR'C sT ✓✓
PLAN 163 OF 1953 PLAN 119 OF 1961
PLAN BY HANCOCK SURVEY ASSOCS. DATED 8-18-86
U `ReY s �2EE� '1 S 82'45'50" E
i
o� S 83'24'10" E S 82'14'00" E S81*06'02"E
S 82'26'30" E STONE POST
/�,- `
87.74�` 38. 13.34'1117.08
11,E ' 79.60'
,
I �
LOCUS MAP
APPROVAL UNDER THE SUBDIVISION
Cf] W CON TROL LAW NOT REQUIRED
� t
3 SALEM PLANNING BOARD
O N et
Z , Go
N
CO
E. WEHR/NG &
�— — LISA A. DRESSLER
SIX STORY BRICK cn
I _
O o REGISTERED LAND
�Q� �__I Z "Hawthorne Hotel" LCC 4153—D
r h7 7 7 , CONC.
�JN / BLOCK S 74-04'59" E
`
PARCEL 1 GARAGE
H 449303:+ SF. 19.95' ; to W 21.65,
co \ 1 .017± Ac. s 7670 51" E o DA TE
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7t397:t SF. m o+
Q 0.170± Ac.
o LOA.
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G
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS G 4g�0' Z '0 5p,13'
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. a .41,43„ �N W
o .Qq,33"
NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE n 5 83 rn 5 83
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED rn
V1
EA SEMEN TS. r n 1
I HEREBY CERTIFY THIS PLAN CONFORMS
TO THE RULES AND REGULATIONS OF THEM
REGISTERS OF DEEDS OF THE COMMON-
WEALTH OF MASSACHUSETTS
PLAN OF LAND
L OCA TED IN
FOR REGISTRY USE ONLY SALEM , MASSACHUSETTS
PREPARED B Y
EASTERN LAND SURVEY ASSOCIATES, INC.
I CER77FY THAT THE PROPERTY LINES SHOWN ARE CHRISTOPHER R. MELLO, PLS
THE LINES DIVIDING EXISTING OWNERSHIP, AND THE
LINES OF STREETS AND WAYS SHOWN ARE THOSE 104 LOWELL ST. PEABODY, MA. 01960
OF PUBLIC OR PRIVATE S7REETS OR WAYS ALREADY
ESTABLISHED AND NO NEW LINES FOR DIVISION OF jj (978) 531 -8121
EXIS77NG OWNERSHIP OR FOR NEW WAYS ARE SHOWN. V »
SCALE. 1 20 NOVEMBER 26, 2001 - T7
1
V7w .rI. w ..rw r
A:
CHRISTOPHER R. MELLO PLS 0 10 20 40 so 80 27
F 10535