35 RAVENNA AVENUE - BUILDING INSPECTION v e-
S� �r
CHH of "Sialem, Xassuchusetts
,Pe}aurtment of Public Warps
PAUL S.NIMAN 'gngineerin$ PiVision
THOMAS E.BURKE
DIRECTOR OF PUBLICSERVICES (9ne ,',5u1em (6reen ASSISTANT DIRECTOR OF PUBLIC SERVICES
May 3, 1985
Mr. John E. Jermyn
146 Marlborough Road
Salem, MA. 01970
RE: Sidewalks - Waiver
Dear Mr. Jermyn:
I have reviewed your request for a waiver of curbing and sidewalks forS35�Ra�a�
Avenue..] Additionally, I have discussed the waiver with Ward 4 Councillor Leonard O'Leary.
In accordance with Chapter 26, Section 105 of the Salem Code of Ordinances, I
hereby grant your request for a waiver of both curbing and sidewalks based on the
following:
1 . No curbing or sidewalks presently exist in the area.
2. Drainage will not be adversely affected.
Very truly yours,
Paul S. Niman
Director of Public Services
PSN/cmc
cc: William Munroe, Building Inspector
Leonard O'Leary, Ward 4 Councillor
NEW HOMES I BACKHOE WORK
R
REMODELING TRUCKING
� z JOHN Ee JERI IN"4r DE-"1q.
//IC. CARPENTER & BCJULE*Rj AH 101
146 MARLBROUGH ROAD RECCIV C
SALEM, MASSACHUSETTSC109®p S>LE14 191SS.
745-0116
Richard T. McIntosh Sept . 14, 1981
Building Inspector
City of Salem
Dear Sir;
IN response to your letter of Sept. 4, 1981 ,
pertaining to backfill next to foundation, on newI
home I am building on lot #35 Ravenna Ave.
I have all intentions of resuming work on this
property in approximately six to eight weeks . I,
I am sure that I can correct any problem that might
exist Lith the abutter II
i
John J n
rust Marlboro Realty dust
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Tito of tt1Ezn, gassarhus.0tts
uklir Properig Piepartment
33uaing Pepartrunt
Richard T. McIntosh
One Salem Green September 4, 1981
745-II213 �"
John Jermyn
c/o Marlborough Realty Trust Re: 35 Ravenna Avenue
146 Marlborough Rd.
Salem,Ma 01970
Dear Mr. Jermyn:
City Records indicate that youu are the owner of record of
the above referenced property.
There is a serious problem developing as regards the fill
that was deposited there, encroaching on the abuttor's property.
This Department must know what your intentions are regarding
the lot at 35 Ravenna Avenue.
It is your responsibility to properly grade your property and/
or construct such retaining walls as may be required to prevent
such encroachment.
Please contact this Department immediately and indicate your
intentions.
Very truly yours,
.!
R.T.McIntosh
RTM:mo's Inspector of Buildings
cc: Councillor Francis Grace
PEARL.MCNIFF.CREAN &COOK
ATTORNEYS AT LAW
SAMUEL PEARL 30 MAIN STREET
JOHN A.MCNIFF
JOHN M.CREAN
PEABODY,MASSACHUSETTS 01960 PEABODY 617/531-
1710
OLNER T.COOK BOSTON 617/289-3636
LAWRENCE J.0 KEEFE
WILLIAM H.SHEEHAN III
November 7 , 1983
G. .
� m 4
Richard T. McIntosh CI i ysc
Inspector of Buildings
One Salem Green R Vn
Salem, MA 01970 `
v C0
Re: Building Permit No. 361 issued
November 21 , 1975 to John E.
Jermyn for construction of a
single family dwelling on
Lot 376 , Ravenna Avenue, an
R1 Zoning District
Dear Mr. McIntosh':
This letter concerns the above described permit and
premises.
On November 21 , 1975 , G.L. , c. 40A Section 5A, then in
effect, provided:
"Any lot lawfully laid out by plan or deed duly
recorded . . . which complies at the time of such
recording . . . with the minimum area, frontage, width,
and depth requirements, if any, of any zoning ordinance
or by law in effect in the city or town where the land
is situated . . . may thereafter be built upon for
residential use if , at the time of the adoption of . . .
increased requirements . . . .such lot was held in
ownership separate from that of adjoining land located
in the same residential district . . . and further
provided . . . at the time of building (a) such lot
has an area of five thousand square feet or more and
a frontage of fifty feet or more, is in a district
zoned for residential use, and conforms except as to
area, frontage, width, and depth with the applicable
provisions of the zoning ordinance. . In effect in
such city or town and (b) any proposed structure is
to be located on such lot so as to conform with the
minimum requirements of front, side, and rear yard
setbacks, if any, in effect at the time of such record_
ing. . . "
PEARL.MCNIFF.CREAN &COOK
Richard T. McIntosh
Page Two
November 7 , 1983
The above described lot 376 met all of the foregoing
statutory requirements and the building permit issued. The
foundation was put in. Construction was suspended due to the
sudden and drastic jump in the cost of money and other
cosntruction costs.
The November 21 , 1975, building permit became final
and no longer appealable upon the expiration of thirty
(30 ) days thereafter. G.L. , c. 40A, section 16 , as then in
effect.
When G.L. , c. 40A was amended effective January 1 , 1976 ,
the above quoted statutory authorization was carried forward
in section 6 of the new c. 40A which provided:
"Any increase in area, frontage, width, yard, or
depth requirements of a zoning ordinance or by-law shall
not apply to a lot for single and two family residential
use which at the time of recording . . . was not held in
common ownership with any adjoining land, conformed to
then existing requirements and had less than the proposed
requirement but at least five thousand square feet of
area and fifty feet of frontage"
This same provision is in Salem' s Zoning Ordinance
Section VIII , B. 1 .
There is no provision of law which in a case like this
renders increased area, frontage, width, etc. , zoning require-
ments, adopted subsequent to issuance of a building permit,
applicable to a lot upon the expiration of a certain period
of time.
G. , L. , c. 40A, section 6 provides that a zoning ordinance
shall provide—I'Fatcconstruction or operations under a building
permit shall conform to any subsequent amendment of the
ordinance unless the use or construction is commenced within
6 months after the issuance of the permit and in cases involving
construction, unless construction continued through to completion
as continuously and expeditiously as possible.
I have underlined "construction or operations" purposely.
At most section 6 is talking only of the details and techniques
of construction operations which normally the building.
PEARL.MCNIFF,CREAN &COOK
Richard T. McIntosh
Page Three
November 7 , 1983
inspector observes and overlooks to have compliance with
applicable requirements. Section 6 does not in this
respect terminate a permit or limit its effective time, nor
does it apply to use or area requirements so as to require
another permit or variance. It simply provides an updated
standard by which you as building inspector may be guided,
if the "use or construction" is not commenced within 6 months
after issuance of the permit. The use and construction in
this case were certainly commenced when the foundation was
installed, and that was within the required time. Mr. Jermyn
contends that it was impractical and unreasonable for him to
continue with construction if the prohibitive interest
rates for construction money would result in a dwelling which
he would either lose or sell at a loss. This is a reasonable
explanation for the delay in completion.
Salem' s Zoning Ordinance, Section VIII , A. , has the
same provision. "Actual Construction" is defined as the
"placing of construction materials in permanent position
and fastened in a permanent manner, " I hope you will agree that
the foundation on Lot 376 is in permanent position and fastened
in a permanent manner.
do
erel/y/yours,
A. McNiff
JAM:ds
PEARL, MCNr", CREAN & COOK gU1t DING DEPT
chconeys and Counsellots
O IMI 1 ET' PEABODY. MASSACHUSETTS 01960
�CD ABonx 581-1710 wan BOSTON 289.8458
``11 RECEIt,'E.D t4�55.
' CIT't DF SALEM.
September 17, 1976
Mr. John Powers
Building Inspector
1 Salem Green
Salem, Massachusetts 01970
Dear Jack:
On September 1, 1976, you spoke to John Jermyn about
a letter from Attorney Kane representing Mr. Winiarczyk.
A year ago I reviewed this matter. The land is registered
land which means that title and the boundaries are determined
by Land Court decree and Land Court engineers. The Land Court
data is enclosed on a separate sheet. Also enclosed is report
from Land Court certified engineer Joseph D. Carter whom we
engaged to locate the boundaries set by the Land Court and its
engineers.
If any person disputes these boundaries he should take his
problem up with the Land Court or its engineers. This Court and
its engineer department is one advantage of registered land. Any
change in bounds set by that Court must be by order of that Court
or its engineer department.
I hope this is of some assistance to you in responding to
the vexations of Mr. Winiarczyk. It is nota matter of what the
parties think or agree to. It is a matter already determined in Land
Court records.
Sincerely,
AJcNiff
JAMcN:pec
Eno.
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ORIGINAL
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y Permission is hereby given to ` ...... a ....
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Ward-...__-.........at S.treet,...
in accordance with an application on file in this office and subject to the provi-
sions of the ordinances and statutes in relation to the Inspector and Construction
of Buildings in the City of Salem.
Permit Pee Paid ��•O o / o``.rl'1.�......••
_....._.__.... .....__ __--.�'...-......-f.......
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CARTER & TOWERS ENGINEERING CORP.
S"rWya, C..014,0116a[ andAPor14
JOSEPH D. CARTER, PE. & R.L.S.
6 FAIRVIEW AVENUE
SWAMPSCOTT. MASS. 01907
T•1. 592.9396
November 18, 1975
Mr. John E. Jermyn
146 Marlborough Road
Salem, Mass. 01970
R� : Lot 4376 Ravena Avenue, Salem, Mass.
Dear Sir:
We have surveyed the above referenced lot and placed
markers at the corners and at points on line . The
basis of the survey was the original T. A. Appleton
notes and drill holes which we have recovered,
very trul yours,,•
( ` �dz
JDC:FLW ✓ Joseph ,D. Carter, P. E.
0101i CiNGINEERING KRCOLATION TESTS SEWAGE DISPOSAL DESIGNS LUkVLYING
ikWo 4e ...i: 6'rn —d'A;LJ .tA LI'Y.n r.rr� n•v.Vr.rr_ y ..,..Lr(il r 4". YVi+. JV 1liVva.a ti�Y r..r. .r .tYr eW
TELEPHONES
PEABODY
531-1710-531-1711 -531-1712
BOSTON
MEMORANDUM 289.3456
,oT
TOVt,;i E-'
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BUILDING DEPT
KANE AND MORAN -
_ GOUNSELLORS AT LAW p `a,
STREET
LYNN,
89
OHISETTS 01901 MAY 3 1124 V '76 .
IFVING E. K.NE RECEIVED (017) 568-3131 '
PH1L1P D. MO! N CIV OF SALEM,NASS.- 596-3130 �
I _ 599-1605 '
April 30 , 1976
John Powers , Bldg . Inspector
City Hall
Salem, Massachusetts
Dear Mr. Powers :
This office represents Edward Winiarczyk , owner of land at
39 Ravenn-a Avenue, Salem.
Mr. Winiarczyk is presently in dispute with Mr. Germaine ,
the abutting land owner , as to the property boundary between
their properties . Mr. Winiarczyk informs me that it is your
intention to set up a conference, between the parties prior to
issuing final building permits . If this is so , will you kindly
notify me when such conference is scheduled in order that I
might attend.
Very truly yours ,
&VINGKANE
IEK/dkr
UTILITY AND HIGHWAY DESIGN - SANITARY SYSTEMS
�SURVEY SERVICES - ENVIRONMENTAL STIES
N❑ TIQE ENG INEER ING-& SURVEY, I/
NC.
REGISTERED PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
.r,' j c -3� Y,Mr-
C.
34 DONNA STREET
AN F. TAU8ERT, P.E. PEABODY, MA. 01960
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DATE OF PERMIT PERMIT No. OWNER - LOCATION
.r
11 21 75 4k361 John E. Jerm ( Lot 4376 Ravenna Avenue
STRUCTURE MATERIAL DIMENSIONS No.O1 STORIES I No.OF FAMILIESI WARD ` COST
Wood I $ 3o,000.
Dwelling OiEffmx 42x42x26
BUILDER
Owner
Erect a single family dwelling.