0 PROCTOR STREET - BUILDING INSPECTION PROCTOR STREET
• r
o'
i y
MICHAEL E. O'BRIEN
CITY SOLICITORg MARY P. HARRINGTON
93 WASHINGTON STREET �u�N6wp° ASSISTANT CITY SOLICITOR
and 93 WASHINGTON STREET
187 FEDERAL STREET CITY OF SALEM and
SALEM, MA 01970 MASSACHUSETTS 59 FEDERAL STREET
745.4311 SALEM, MA 01970
7443383 744-0350
Please Reply to 187 Federal Street
Please Reply to 59 Federal Street
November 30 , 1984
Gerard Kavanaugh
City Planner
One Salem Green
Salem, MA 01970
Dear Mr. Kavanaugh:
You have _reques_tel:an_opinion__regarding whether a
'proposed�townhouse_deve_lo_pment on Proctor Street oan—be
developed where the parcel has 139 feet of frontage;all on
Proctor Street , but that frontage is not continuous. The
minimum lot width requirement is 100 feet .
It is my opinion that the lot cannot be developed
without a variance. The minimum lot width requirement is 100
feet and that width must be measured at the rear of the front
yard depth and on a line parallel with the right of way line
or a line 25 feet from and parallel with the center line of
the travelled way. It is my understanding that the lot width
of the parcel is 94 feet , thus short by 6 feet and requiring a
variance. The issue here is not frontage, so the fact that the
frontage is not continuous is not a factor. Salem' s zoning
ordinance requires a minimum lot width rather than a minimum
frontage.
Very truly yours ,
Mary P . Harrington
MPH:jf Assistant City Solicitor
cc : Building Inspector
City Clerk
s SUPPLEMENTARY REGULATIONS SECTION VII
P. Wetlands and Flood Hazard Districts.
r
1. PURPOSE
a. To protect the health and safety of the occupants of .
lands subject to seasonal or periodic flooding. -
b. To protect persons and property from hazard and loss
through the regulation of future development of lands
adjoining water courses.
c. To preserve the natural flood control characteristics
and the water storage capacity of wetlands and flood-
plains, and to protect against pollution and con-
tamination of such water supplies, and to conserve
valuable habitats for wildlife including fisheries
. and shellfisheries.
d. To insure the control and containment of sewage, and
the safety of gas, electric, fuel , and other utilities
from breaking, leaking, shortcircuiting, igniting or
any other damage due to flooding.
2. DEFINITIONS.
The Wetlands and Flood Hazard Districts shall be considered
as overlying any other district established by this Ordinance
and any use permitted in the portions of the district
so. overlaid may be permitted as an exception if authorized
by a special permit by the Planning Board (see Subsections
4 and 5 below) .
a. Wetlands are meadows, marshes, swamps, bogs and areas
of flowing or standing water and the saline water
contiguous with the shoreline. Wetlands are charac-
terized by the presence of wetland soils and of plant
communities which require the presence of water at or
near the ground surface for a significant portion of
the year.
Specifically, the Wetlands District is designated
as follows:
i. As the areas designated on the maps titled
"Wetland Areas of Salem, Massachusetts" , ;Nos. 01
through 31 , prepared by Dr. Jerome Long , dated
r March 15, 1977, on file with the City Clerk
which are incorporated herein as reference,
including those areas designated as buffer '
zones.
G7
SUPPLEMENTARY REGULATIONS SECTION VII
The boundaries of these Wetlands Districts shall
10C be determined by the scaling distance on said maps.
ii. All saline waters and land from the mean high tide
seaward to the municipal boundaries. Mean High -
Tide is elevation 8. 8 feet Mean Low Nater (4.44
feet Mean Sea Level) .
b. The Flood Hazard District follows the boundaries of
the 100-year floodplain which is defined as the
relatively flat lowland which adjoins a watercourse .
or other body of water and which is subject to periodic
flooding by the watercourse or water body at a storm
frequency of 100 years. Specifically, the Flood . _
Hazard District is defined as all areas designated as
flood hazard areas (zones A, A3, V3) as shown on the
maps titled "FIA Flood Insurance Rate Maps" Nos. 01
through 06, City of Salem, Massachusetts, dated
March 15, 1977, on file with the City Clerk which
are incorporated herein by reference. *
The Flood Hazard Districts affected by coastal flooding
(zones A3, V3) are based on elevation 15. 36 feet Mean
Low Water (11.0 Mean Sea Level) . Boundary lines
trace this elevation contour. Where it can be properly
shown that land is above this elevation, that land
shall not be considered as being included in the
District.
Any proposed use to be located within the limits of these
Districts as determined by the Inspector of Buildings
under Section IX of this Ordinance shall be governed by
all regulations of this Section as well as all other
applicable provisions of this Ordinance.
Where the Inspector of Buildings is unable to determine
the exact location of the boundaries of the District, the
Planning Board, with the assistance of the City Engineer
and the Conservation Commission, shall. make the necessary
interpretation.
3. PERMITTED USES .
The Wetlands and Flood Hazard Districts shall be considered
r>s
SUPPLEMENTARY REGULATIONS SECTION VII
PC as overlying other zoning districts. Any uses permitted
in the portions of the zoning districts so overlaid may be
permitted as .an exception if authorized by special permit-
by
ermitby the Planning Board (see Subsections 4 and 5 below) .
In the Wetlands and Flood Hazard Districts, the following
uses axe permitted as of right , provided that any and all ,
permits, orders or approvals required by state or federal
law shall have been obtained.
a. Conservation of soil, water, plants and wi! O.life, -
including wildlife management shelters.
b. Outdoor recreation, including play areas, nature study,
boating, fishing, and hunting where otherwise legally
permitted.
c. Noncommercial signs (as permitted in the underlying
district) , wildlife management areas, foot , bicycle,
and/or horse paths and bridges provided such uses do
not affect the natural flow pattern of any water .course.
d. Agriculture of all types including but not limited to
grazing, crop farming, nurseries, truck gardening and
harvesting of crops.
.e. Forestry including landscaping and accessory uses
such as flower or vegetable gardens, lawns and
fences.
f. Temporary nonresidential structures used in connection
with fishing or growing, harvesting, storage or sale
of crops raised on the premises.
g. Unpaved access ways or unpaved accessory parking lots,
substantially at grade which are not needed in con-
junction with vehicle or machinery sales, repairs, or
storage.
h. Private paved driveways serving a single family
residence where alternative means of access are
inappropriate and not reasonably feasible.
(IC i . For single-family detached dwellings, two-family ,
dwellings, or duplex houses existing at the time
this Section is enacted, the expansion of these
(or their accessory) uses to a maximum of fifteen
SUPPLEMENTARY REGULATIONS SECTION VII
(15) percent of that portion of the lot "covered
when this section is enacted, provided that such
expansions conform to all other provisions of this
Ordinance, and do not constitute substantial
improvement of a structure. Substantial improvement
means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds
50 percent of the actual market value of the structure
either (a) before the improvement is started, or (b)
if the structure has been damaged and is being
restored, before the damage occurred. For the
purposes of this definition "substantial improve-
ment" is considered to occur when the first alter-
ation of any wall, ceiling, floor, or other struc-
tural part of the building commences, whether or
not that alteration affects the external dimen-
sions of the structure. The term does not, however,
include either (1 ) any project for improvement of
a structure to comply with existing state or local
health, sanitary, or safety code specifications
which are solely necessary to assure safe living
conditions or (2) any alteration, restoration, or
rehabilitation (but not expansion) of a structure
listed on the National Register of Historic Places
or State Inventory of Historic Places: Structures "
erected or expanded under this subsection shall use
construction materials and utility equipment that
are resistant to flood damage, and construction
methods and practices that will minimize flood
damage in accordance with the Massachusetts State
Building Code.
4. SPECIAL PERMIT USES.
In the Wetlands and Flood Hazard Districts no structure
or building, including pipes and wells, shall be erected,
constructed, substantially improved, enlarged, or other-
wise created or moved; no area shall be paved; no earth
or other material shall be stored, dumped, used as fill,
excavated, or transferred; and no sediment shall be
caused "to be discharged from or onto a .wetland, unless all
the following conditions are found to exist as part of the
granting of a Special Permit by the Planning Board:
70'
SUPPLEMENTARY REGULATIONS SECTIO,'J VII
a. The proposed use will comply in all respects to the
t uses and provisions of the underlying District in
which. th.e land is located.
b. There is adequate convenience and safety of vehicular_
.and pedestrian movement within the site, and in re-
lation to adjacent streets and property; particularly
in the event of flooding of the lot(s) or adjacent
lot(s) caused by either overspill from water bodies
or high runoff.
c. Utilities, including gas, electricity, fuel, water, and
sewage disposal, shall be located and constructed so
as to protect against breaking, leaking, shorteircuit-
ing, grounding or igniting or any other damage due to
flooding,*
d. The cumulative effect of the proposed development or
use, when combined with all other existing and anti-
cipated development and uses will not obstruct or
divert flood flow; substantially reduce natural flood-
water storage capacity in the local drainage area
destroy valuable habitat for wildlife including
fisheries or shellfisheries; adversely affect ground-
water resources or increase storm water run-off
velocity so that water levels on other land are sub-
stantially raised or the danger from flooding increased.
Further, in the Wetlands District only, the Planning Board
shall also find the following conditions to be fulfilled:
e. The proposed development or use shall not include the
storage of salt , chemicals, petroleum products or other
contaminating substances or discharge of any polluting
liquids or materials into streams, brooks or wetlands.
. (The polluting effects of substances on the Wetlands
are to be gauged by the "Rules and Regulations for the
Establishment of Minimum Water Quality Standards and
for the Protection of the Quality and Value of Water
Resources" of the Commonwealth of Massachusetts. )
f. The floor level of areas to be occupied by human .
beings as living or work space shall be four (4)
feet or more above the seasonal high water table.
g. If the basement floor level is below the seasonal
high water table and affords the possibility of human
occupancy at some future date, although not originally
f intended, adequate perimeter drainage and foundation
ti shall be installed to withstand the effect of pressure
and seepage. Furnace and utilities are to be pro-
tected from the effects of leaching.
SUPPLEMENTARY REGULATIONS SECTION VII
h. If the lot is to be served by an on lot septic system,
the leaching area designed for use, as well as a reserved
area for future expansion or total future use, shall be
plotted with dimensions on the site plan, and the
leaching areas shall not be constructed where the
seasonal high water table is less than 4 feet below the
bottom of the leaching areas.
Further, in the Flood Hazard District only, the Planning
Board shall also find the following conditions to be
fulfilled:
i. The floor of the basement, or if none, the lowest
floor of new construction or substantial improvement of
structures for residential uses shall be at or above
the 100 year flood level.*
j . The floor of the basement , or if none, the lowest floor
of new construction or substantial improvement of
structures for non-residential uses shall be at or
above the 100 year flood level or the structures
shall be flood-proofed to that level in compliance
with the applicable requirements of the Massachusetts
State Building Code.* Flood-proofing measures shall
insure that the structure is watertight and that
structural components have the capability of resisting - �!
hydrostatic and hydrodynamic loads and the effects of .
bouyancy.
Further, where the proposed use will be located within a
Coastal High Hazard Area (zone V3 on the FIA Flood Insu-
ranee Rate Maps) , the Planning Board shall also find the
following conditions to be fulfilled:
k. New structures or substantial improvements shall be
located landward of the reach of Mean High Tide.*
1. New structures or substantial improvements shall be
elevated on adequately anchored pilings or columns,
and securely anchored to such pilings or columns so
that the lowest portion of the structural members of
the lowest floor (excluding the pilings or columns)
is elevated to or above the 100 year flood level .
Space below the lowest floor shall be free of fixed
obstruction. *
M. The support of new structures or substantial improve-
c C ments shall not be, in whole or in part , by the use
of fill . *
72'
SUPPLEMENTARY REGULATIONS SECTION V11
5. SPECIAL PERMIT PROCEDURE.
s
Any person(s) desiring such a special permit shall file an
application in five copies to the Planning Board and one
copy to the City Clerk which shall comply with the following
submittal requirements:
a. A site plan at a scale of 1" equals 20 ' shall be prepared
by a registered land surveyor or registered professional
engineer and shall show at least the following:
i. Lot lines within which the development is proposed
and the tie-in to the nearest road intersection;.
ii. The location, boundaries, and dimensions of each lot
in question;
iii. Two-foot contours of the existing and proposed land
surface;
iv. Location of existing and proposed structures, water-
courses, drainage and drainage easements, means of
access, utilities, and sewer disposal facilities
including leaching fields, if any. Proposed
elevations should be noted.
b. In the wetlands District; a determination by a qualified
engineer of the seasonal high water table, performed
during the last two weeks of March or the first three
weeks of April. A minimum of two percolation tests for
each leaching area shall be performed.
c. A written report describing the proposed development or
use relative to each of the conditions of subsection 4.
above. ,
d. In cases of flood-proofing or pile construction, certi-
fication by a registered professional engineer or
architect as to the elevation of flood-proofing measures
and as to compliance with the applicable sections of the
Massachusetts State Building Code concerned with flood
depths, pressures, velocities, impact and uplift forces,
and other factors associated with the base flood. *
Where specific methods or techniques have been previously
certified, the Planning Board may waive this requirement .
e. A list of Federal , State, and other local permits re-
quired by the applicant .
7j .
SUPPLEMENTARY REGULATIONS SECTION VII r
The Planning Board shall, within 7 days after the filing of
r'
said application, transmit one copy of said application and
plan to the Inspector of Buildings, City Engineer, Board
of Health and Conservation Commission who may, at their
discretion, investigate the application and report in writing
their recommendation to the Planning Board. The Planning
Board shall not take final action on such plan until it
has received a report thereon from the Inspector of Buildings,
City Engineer, Board of Health and Conservation Commission
or until thirty-five (35) days have elapsed after distribution
of such application without a submission of a report . The
Planning Board Shall hold a Public Hearing on said .application
as soon as possible after receiving the above reports, in
accordance with Chapter 40A of the Massachusetts General
Laws. The Planning Board shall notify the applicant in
writing of . its decision on the special permit . The decision
shall document the proposed development or use and the
grounds for granting or refusing the special permit. . The
Planning Board may, as a condition of approval, require
that the applicant give effective notice to prospective
purchasers, by signs or by recording the special permit at
the Registry of Deeds, of the wetland or flood hazard con-
ditions associated with said premises and the steps under-
taken by the petitioner or his successor in title to
alleviate the effects of same.
'e6. AREA AND YARD REGULATIONS.
The portion of any lot within the Wetlands and/or Flood
74
SUPPLEMENTARY REGULATIONS SECTION VII
Hazard Districts may be used to meet the lot area, open
space, and yard requirements for the underlying zoning
district in which the lot is situated without application
for a special permit .
7. VARIANCES .
A variance may be granted from the provisions of this Para-
graph P "Wetlands and Flood Hazard Districts" in accordance
with the terms of this Zoning Ordinance and with the terms
of Massachusetts General Laws, Chapter 40A, Section 10,
but only upon the following additional terms and conditions:
a. A special permit has been applied for in accordance with
this paragraph and has been denied.
b. The Board of Appeals shall only grant a variance from
the provisions of this Section upon:
°S i. a showing of good and sufficient cause;*
ii. a determination that failure to grant a variance
would result in exceptional harshiip .to the
applicant ;*
iii. a determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public
expenses, create nuisances, cause fraud on or
victimization of the public, or conflict with
existing local laws or ordinances; * and
iv. a determination that .the variance is the minimum
necessary to afford relief.*
c. Along with the petition for a variance hereunder, the
petitioner shall file:
i. A written report describing the proposed development
or use relative to the conditions in subsection 7.
above;
ii. The special permit application as filed with the
Planning Board;
�1`75
SUPPLEMENTARY REGULATIONS SECTION VA I
iii . A copy of the Planning Board decision relative to .
the Special Permit.
F-.
The Board of Appeals shall establish a hearing on the petition
under the provisions of Chapter 4OA of the Massachusetts
General Laws and in accordance with the Board' s administrative
rules, Section IX; Paragraph C. and shall notify the Planning
Board, City Engineer, Board of Health, Conservation Commission
and Historical Commission of said hearing.
The Board of Appeals shall notify the applicant in writing
of its decision on the petition. In the event a variance
is granted, the Board shall document in its decision the
nature of ,the variance from the provisions of the Wetlands
and Flood Hazard Districts as well as the grounds for its
granting. A variance from the Flood Hazard District shall
t"- include the following statement:
t
"The construction of a structure below the base flood
level increases risks to life and property and will
result in increased premium. rates for flood--insurance .
up to amounts as high as $25 for $100 of insurance
coverage.*"
The Board of Appeals shall, as a condition of the variance,
require that a copy of the variance be recorded by the
applicant at the Registry of Deeds.
8. ANNUAL REPORT.
ThePlanningBoard shall maintain a file of all applications
for special permit or variance under the Flood Hazard
District and shall summarize these in its annual report .
The summary shall be in a format acceptable to HUD and a
VC copy of said report shall be sent to the following agencies:
SUPPLEMENTARY REGULATIONS SECTION VII
Flood Insurance Program
Dept . of HUD
15 New Chardon Street
Boston, Massachusetts 02114
Federal Insurance Administrator
Dept . of HUD
451 Seventh St . SAY
Washington, D.C. 20410
9. AMENDMENTS TO THIS PARAGRAPH P.
The adoption of flood plain management zoning is a require-
ment for Salem's continued participation in the Flood
Insurance Program of the Department of Housing and Urban
Development (HUD) . The Flood Insurance Program provides
previously unavailable flood insurance protection to
property owners in flood-prone areas. The minimum HUD
` requirements for flood plain management are noted in this
ordinance by an asterisk O . Future amendments to this
Paragraph P. shall comply with these requirements or any
subsequent modifications to these requirements.
10. APPLICATION!
The provisions of this ordinance are not intended to repeal,
amend, abrogate, annul, or interfere with any lawfully_
adopted ordinances, covenants, regulations or rules. How-
ever, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall govern .*
77
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C:ifu_ of �xlciil, �41jas5aClll,a£IIs
Q ,
2.� w� +� ��liIllllTltg �II3rl
Our Salem (rrrrn
DECIS?ON
o
T ca
Ms. Josephine Fusco F
City Clerk cr_
City Hall - - m
w
Salem, %!A 01970
m
., co
Gear Ms. Fusco:
At a regularly scheduled —meetinc of _%:e Ss1a-. Board held
on October 26, 1989 it was voted to endorse provai Under Sub-
division Control Law Not Reauired" on the followinc descried plan:
1. applicant:
Charles Brett
c/o John Vallis
73 Washington Street, Suite 33
Salem, NA 01970
2. Location and Description - .
Two (2) vacant parcels of land: one situated on
,,Proctor Street and the other situated an the corner
of both Proctor Street and Pope Street.
Deed of property records in Essex South District Registry.
Sincerely,
Tialter Power III
Chairman
WP/sm
(I�if of *Iem, gassar4meffs
Planning �RnttrD
41HV Xalt
Aaleen, ,,fifassachusetts 01970
C=2
NOTICE TO BE ATTACHED TO 'e
FORM "A"APPLICATIONS F.
See Form "A" applications for
M 0
complete instructions for filing. r
All insertions shall be typewritten - Y
or printed neatly in ink.
Date: ---oatohex..26- 1-88.9.....
City Clerk
Salem, Massachusetts 01970
Dear Sir:
I handyou 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 Regulauuns is
not required.
The land shown on the accompanying plan is located at ...R.ope..and..Pror-tox..Streets
—
......................... in Ward .3............................ ............._ .......
(insert street and street numbers here)i_
rC a- s r�ttr b h�sA,//t o;rney
Signature of Owner _ .J.. jallii GZCf
Street Address ...._.�:..- --Wia&hi-ngt-ot}--Stree*--r---se-ite---3.3
City/Town & State .....Salem... ----------- ----------
Telephone
--......Telephone Number ... ------•------------------------------------
I
s (fli# ofttlem, ussttc�use##�
'N Planning Poxrb
41"1 Xaa
�Salsm, ,faffaachuadta 01970
FORA A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section 11-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.
October --.....1989_...
Salem, Mass., ............. ........•26............
To the Planning Board:
The undersigned, bclic%ing 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. 11-A and
state specific reasons) ---Both..parcel s..ha.v-e...fr-outage--- ....... .
existence_when--the d-i v i s.ion...Control...haw-..be came...effer_tiue_.......
.
i.a..the.. .---•..... ............... ......... . ........... ............... ----------- _---...........
. ...............I........I-------------- ........ .............. ......... -................ .........................................
.
and herewith submits said plan for a detennination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner Charles Brett .... .... ....... ........
Holten Street, Danvers
Address --.139.. ......--__ -.._ ... . ........._.................. ...................-..._...............
....
2. Name of Engineer or Surveyor P- J. F.. Associates....... .................._.... .........
AddressI Gleason Street, Medford, MA
3. Deed of property records in Essex South_ District_... . ..R Registry Dp
Book 'L,S j.- .. ..... Page /.,3..._6. '..-4 Urenl `12G6 1(ty. 22�
4. Location and Description of Propenv: Two, .(.2 )_..vacant-.-oa.rcels_of-_--------
land: one situated on Proctor, .Street,,.and-.the.-coth.er........
situated on, the corner.. of. both...Proc.for...Street..and...Pape-..._ ... ...
Street.. . ........ _............ ..---------_.----... ....
_.......... _._.. ......... 1.- ..-.._.... .. ... ................................. . ----------------------- -__..........------
_ ........ .._.......__.. ........ . _ ........... ........I........ . ..._......... . ................................
_. . .......... . ......... .............. ....-_.......--------- .._................... . ----- -
......................_............... .. -- .......... --._..... .......... ..... ...... ............... ........I............... .........
.
............ -- ............... . .....__....... ... .... --.._.......__ _._..._JJ... .. ..._
i. All streets and abutting lot lines shall be shown /the gether co4c Owners
of the abuttin lots. � .. � r Signature of Ownei•-- . .�-� -
Va lis , Attorney for Owner
Address .7.3..Wazh ' S-treet, -_Su-ite---33,- Salem, MA
Telephone Number ..iS.Q$.)....7.45.794.9-5.................... ................. .
N/F ALBERT G. EISEN
N/F THE CITY OF SALEM
Q�
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N � X36 49 Sg^f N12'�
g�� 6� 00, 22.00
'S o4 �-1�
N6�
O N/F JAMES H. MC DONALD
°A-
o •oti
22s
? C!
16,000+/- S.F. /°B g 8x 1
� �qY 29.195 S.F.
'cpR SS?�S0 N/F THE CITY OF SALEM
60.00'
o, z
:p v
L=34.38' o N/F MAYNARD V, of o
o ALLEN ocn
O N
fv c c0 m
M.
53.5+/-' 60.00' 62.61' 1616.89'
344.65' 10.2, S19'33'34"W
POPE STREET
SALEM PLAINNING BOARD
APPROVAL UNDER THE SUBDIVISION SITE PLAN OF LAND
CONTROL LAW! NOT REQUIRED
IN
FOR REGISTRY USE ONLY I HEREBY . CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY
WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE SALEM ) M
COMMONWEALTH OF MASSACHUSETTS.
01A OF Af'4N
PREPARED BY: P, J,F , ASSOCIATES
GEk4LD -
pGu "` 11 GLEAS ❑N ST.
MEDF❑RD
SU ,
G 1
MASS,
Ap �'C.S - - I
CHAIRMAN DATE: SCALE1 1"=20' DATE,, JULY 3. 1989
0. GERALD GUERRINI R.L.S. No. 14034
0' 10' 20' 40'
F,.------ 1—�.�..�."",I