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12 1/2 PRESTON ROAD - BUILDING INSPECTION 12,; PRFSTO,N ROAD KEVIN T. DALY ? �*. a � LEONARD F. FEMINO ASSISTANT CITY SOLICITOR ��� —Y 4r? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �""''�r' 93 WASHINGTON STREET AND CITY OF SALEM MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 745-4311 CSOLICITOR 93 WASH INGTON STREET 745.4311 745.0500 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET ,.. June 6 , 1988 William H. Munroe, Zoning Enforcement Officer City of Salem One Salem Green Salem, Massachusetts 01970 Re-:�12h_Pr-eston Road-,—Sa.lem,Rassachusetts (Assessor ' s Map 22 , Lot #82 ) Dear Mr. Munroe: You have requested my opinion whether or not the above lot of land containing 7 , 230 square feet of land should be afforded the protection of the first sentence of the fourth paragraph of GLc40A §6 set out as Section VIII (B) (1 ) in the City of Salem Zoning Ordinance. It appears that the lot in question conforms to all the requirements of the existing zoning ordinance with the exception of the area and frontage requirement. An examination of the records at the Registry of Deeds indicates that the most recent instrument of record prior to August 27 , 1965 (effective date of the zoning ordinance ) indicates the lot was separately owned and it has retained it' s separate identity since that time. In addition, it has a minimum 5 , 000 square feet of area and 50 feet of frontage. Accordingly, in my opinion, the parceD—should_be_a€forded the benefit of the "grandfather" provision of GLc40A §6 as enumerated in Section VIII (B) ( 1 ) of our Zoning Ordinance. Very truly yours, _ -�. c: Michael E. O' Brien City Solicitor MEO/jp WCON '`�° Ctu of Aassar4use#ts 3 Public Propertg Pepnrtlneut 'JAfaIMroE�Y'4S � uilliuq Department (One �alenc (6rrrn N5-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. March 10, 1988 Mrs. Marlene Sewall Mr. & Mrs. Richard Sanford 13 Preston Road 11 Preston Road Salem, MA 01970 Salem,MA 01970 RE: 42-?Preston Road=(zempty lot) Dear Mrs. Sewall and Mr. & Mrs. Sanford, In reference to your letter concerning the above property, we have - stopped work on the lot known as 12L2 Preston Road until proper permits are obtained from City Departments. As for any damages that may have come from the work being performed, you should contact Mr. Michael Beatrice, 12 Puritan Lane, Swampscott ,MA. Business II 581-5151 , home 11 599-7321 , the owner. of said property. Sincerely, ; TZ James Assistant Building Inspector JDS/eaf cow�k BOARD of ASSESSORS 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261 yn `Z7' December 14, 1987 _q Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 _ Dear Mrs. Fusco: Please be advised that the single family house to be constructed on Assessors' Parcel #22-0082 has been assigned the street address of 121 Preston Road.+ Very tr lnyours, Peter M. Caron Chief Assessor PMC:mj g cc: Postmaster Joseph J. I.eccese Chief Joseph F. Sullivan, Fire Department Margaret R. Hagerty, Principal Clerk, Water Dept. William H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem Mr. Michael Beatrice, P.O. Box 8006, Salem, MA 01971 F;E(:EIvF6 - -- - -- - ---- i I I - -- - . I � - - -- - - � - - _ . . _ � - - I - _ _ _. I � _ _ _ _ _ . i _. _ I _ - - • � _ _ - - - - - i � - � .. _ -- i I i -- - - - . _ i - � _ _ _ i . _ �. __ I(I _ - -- - - i ( __ - J2� ,zf�te(� a i � ,� • I • • i i _. ' i I i I i tIAT f 19 116 N '89 (tFlsF1'9' n CITY Of, SAL6m, FIt,SSr. March 9, 1988 Mr. William Monroe City of Salem Building Inspector One Salem Green Salem, MA 01970 Dear Mr. Monroe, We are writing a letter of complaint in regards to the situation going on across the street from our home at 11 Preston Road. Let us explain the situation. We have all been living here since 1969, and the land across the street has always been vacant. Sometime last year the land was sold and now they are in the process of clearing the land to build a house. The clearing and tearing up of the land started about 7 months ago with a huge crane with a chisel attached to it which chisels away at the twenty to thirty foot deep ledge. As the crane chisels away at the ledge constant debris is flying in the air and landing all over our property; especially in our driveway where two out of four cars are parked while the other two cars are parked on the street in front of our house. We are constantly finding debris , huge pieces of rock on our front lawn, driveway and new sidewalk that we had done last summer and dirt everywhere. Our main concern is that we have four cars in our family and three of them are brand new and all four have several chips in the windows, (one chip which lead to a crack) , and chips of paint missing, as well as two cracked windows in the front of our house. And we 'know that all of these are a result of what is being done across the street. We take great pride and care in our cars as well as our home, and we not only fear for the safety of them but also our 2 year old dog who enjoys sitting outside on the front lawn, and the other homes and children in the area. The gentleman who is doing the work is not on any type of schedule and shows up whenever he wants. For example, he may start at one o'clock in the afternoon or eight in the morning or' like one day last week at 4:45. He has on several occasions worked chiseling away at night with an extremely bright spot light to see what he' s doing. And when you get home from a long hard day at :work and want to sit down and enjoy dinner or watch television and all you hear is this loud and over powering noise of hammering away at ledge, it' s not pleasant. He may not even show up for three weeks at times then we have to look at the land across the street with a huge crane on it and all that ugly rock and mudd. We would like something to be done to the damages done to all of our four cars, as well as the windows on our house that have been cracked all a result of the situation that has been going on across the street. We also feel that because of the constant debris all over that this is a safety hazzard and should be stopped. We look forward to your prompt attention to this matter. If you have any further questions pl-ease call us at 745-1817. LThank you, n Family IIf2llrItt, � ussttrhusPtts Brpartmrnt of Puhtic Works One '�airm (6rrrn GEORGE E. WHITTIE, P. E. City Engineer Director of Public Services April 4, 1988 Mr. Michael Beatrice 50 Ocean Street . - Lynn, Ma. 01904 —T' n y, I T. RE: Drainage Alteration Permit for Lot Between 12 and 14 Preston Road Dear Mr. Beatrice: I have reviewed and approved the plan submitted by you for the above permit. As we discussed when you dropped off the plan, you are now responsible for grading the lot as shown on the above plan. If you have any questions concrning this matter, please call me. Very truly yours, 1 I/"6L") George E . Whittie, P.E. City Engineer Director of Public Services GEW/cmc cc: James D. Santo N '�` •� 1116Iit iru rrf J �c artntcttt '• -- r S T1 111M11!; PcParfillent (Onr nlnn Orrrn 7.15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst inspector.,' Inspector of Buildings Edgar J. Paquin, Asst Inspector ! Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. ` DEPARTMENT POLICY x' GRANDFATHER LOTS REQUIREMENTS In .order to determinewhether a lot qualifies for the separate lot protection found in Chapter 40A, Section 6, MGL, the following must be answered, in writing by your Legal Council. S .• I . Does the lot have at least 5,000 square feet and 50 feet of frontage on an improved street? 2. Is the lot located in an area Zoned for single or two family use? 3. Did the lot conform to existing Zoning when legally created? 4. Does the most recent instrument of record prior to the effective date of the Zoning change from which the exemption is sought , August 27, 1965. show that the lot was separately owned? 5. When conveyed after the Zoning change, has the lot retained it' s separate identity by continually being described as a separate and distinct lot? 6. Has the lot been a separate lot and not available for use in connection with adjoining land on the effective date of the Zoning requirements , August 27, 1965, which made the lot substandard? To be entitled to Grandfater Protection under the Provisions of Chapter 40A, Section 6, MGL, a yes answer is required of all the above. Building Department May 2 , 1988 Salem, MA Re: Parcel of land a=t 12 _P_r_eston Road, Salem; shown on City Assessors ' Map as Lot #82, P1 22 (see attached assessors tax bill) . The answer to all of the above st ' rjd is and the lot is therefore entitled to Gr fa e o ction. Pete R. tl6atc-e, Jr. 44 School Street Boston, MA 02108 Tel. (617) 227-6060 _yr 19 p - V m r fh(p�Lgl4 KEVIN T. DALY LEONARD F. FEMINO ASSISTANT CITY SOLICITOR �Gs.x' �-S ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET q�1^�l+t' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN - SALEM. MA 01970 BEVERLY, MA 01915 93 WASH 745-4311 - CITY SOLICITORINGTON STREET 745-4311 745-0500 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET BI WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET ^� „1 June 6 , 1988 --i (>T ry1 1 � William H. Munroe, Zoning Enforcement Officer _�I _ City of Salem - One Salem Green ul � Salem, Massachusetts 01970 Re : 12' Preston Road, Salem, Massachusetts (Assessor' s Map 22, Lot #82 ) Dear Mr. Munroe: You have requested my opinion whether or not the above lot of land containing 7 , 230 square feet of land should be afforded the protection of the first sentence of the fourth paragraph of GLc40A §6 set out as Section VIII (B) (1) in the City of Salem Zoning Ordinance. It appears that the lot in question conforms to all the requirements of the existing zoning ordinance with the exception of the area and frontage requirement. An examination of the records at the Registry of Deeds indicates that the most recent instrument of record prior to August 27 , 1965 (effective date of the zoning ordinance) indicates the lot was separately owned and it has retained it' s separate identity since that time. In addition, it has a minimum 5, 000 square feet of area and 50 feet of frontage. Accordingly, in my opinion, the par ce`1 sh'— ld=be afforded the benefit of the "grandfather" provision of GLc40A §6 as enumerated in Section VIII (B) (1 ) of our Zoning Ordinance. A truly yours,ael E. O' Brien City Solicitor MEO/jp LAND COURT SURVEYS DEVELOPMENTS REGISTERED LAND SURVEYOR REGISTERED CIVIL ENGINEER LOT SURVEYS CONSULTING PARSONS AND /FAIA, INC. L'LOL( !I1.Il IfGES1 ILII 1LLi C£l�JR1 593-7927 480 LINCOLN AVENUE SAUGUS, MASSACHUSETTS Cry �Zg° sF oCD = co 0 1 a m< 1 . n 0 $C3 m O C4 ti \ I S k " C.= v > 0. f� =74`,C)l/ �1�orl /7�/�,l✓�9cf/�',�e17T A Z c n� 7�r �dJNO�e✓ sCff G�:/„Zo /,� C� Afe l?Y'9 fA��, /�/.41,lAclf✓✓Qlr �o �d n�cr �--,-..�.. `CMAVLE9 ��9nal U��17�5.✓ Y fCoa� '�" ° ` EI FAIAc. 3027° a