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143 CANAL STREET - ZBA (002) 143 Canal St. B-4 .Canal Realty Trust if G Yb TiN of ." 1em, ttsstttljusetts DEC 28 ;iii "31 )ITYCLL:ir. ,. : . 'aAS. December 19 , 1991 Josephine Fusco City Clerk City of Salem Dear Mrs . Fusco: Please be advised that the Board of Appeal voted unanimously to allow the petition of Canal- Realty Trust, 143 Canal St. to Withdraw Without Prejudice their petition for a Special Permit which was on the December 16 , 1991 agenda . The public hearing on this petition was never opened so no formal decision is required. Sincerely, Edward Luzinski, V. Chairman Board of Appeal EL;bms I / i DATE OF HEARING 1.11116bl PETITIONER LOCATION MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAWW RE-HEAR CONTINUE RICHARD BENCAL y RICHARD` FEBONIO EDWARD LUZINSKI / MARY JANE STIRGWOLT !/ ASSOCIATE MEMBERS RONALD PLANTE ARTHUR LABRECQUE CONDITIONS: SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI,OR, 508-744-0212 JOHN E. DARLING 61758$-2743 ELLEN M.WINKLER TELECOPIER JOSEPH C, CORRENTI 608741 4683 December 16, 1991 Board of Appeals City of Salem One Salem Green Salem, MA 01970 RE: Petition of Canal Realty Trust for Special Permit to extend the existing non-conforming building on the lot. Gentlemen: The petitioner in the above matter, Canal Realty Trust, respectfully requests permission to withdraw without prejudice the above petition. Sincerely, dOHR. SERAFINI, SR ney for Realty Trust JRS,SR. /ln APPEAL CASE NO. . . . . . . . . .. .. . . .. . . . . . . . �•CM T a W.Ltu1 of ale ��TT a, 'fflassadjusett8 Puura of cAppeal TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. .143 .Caaal. .st.rp'et. . . . . . . . . . . . . . . . . . . .UIMR; Zoning District. -.4. . : xxs�x�x�eR6e�x�isxsffgY �c �sss�. . . . . . . . . . . . . . . . �ofic#�ec�+� Ohism@�c�0c�:�Yicl�lat¢ X Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. � d vi rn c N rn:u- t- ,A t'M �o to r r?:1 l U The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed; as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Schedule A, attached. i Owner. . Canal. Realty. Trust Address. 142 Canal Street,p Salem=.MA 01470 c/o John *R Serafini, Sr. Telephone. . . . . . 744.0212 Petitioner. .Canal. Realty.Trust . .. . . . . . . . . . . . Address. . . 142 Canal Streets Salem; MA 01970 c/o John R. Serafini, Sr. Ddte. ,Noyeml�er 22� 1991 63 Federal Street Salem, MA Tele hone.. . . .. � . . p ,744-0212 F Three copies of the application must be filed with the Secretary of the Board of . ,1Appeals with a check, for advertising in the amount of. .S76.50. . . . . . . . . . . . . . .. . . +four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner, Canal Realty Trust, is the owner of the property situated at 143 Canal Street, Salem, Massachusetts, which is currently used for sales, service, and repairs of automobiles. Gauthier Motors, which is the only tenant of Canal Realty Trust, has been in business in Salem for many, many years. It is a distributor of Mercedes Benz, Subaru, and Saab motor vehicles. One requirement of the Subaru franchise agreement is that a new separate facility must be built and maintained for the Subaru franchise. The Petitioner was granted variances by this Board for construction of a facility across the street, at 138 Canal Street; however, the economy at present is not supportive of such a large expenditure. Realizing this, Subaru has given the Petitioner an extension of time for compliance with this requirement, and the Petitioner, hopeful of an economic turnaround, but still mindful of the construction costs, is requesting that this Board grant it permission to add on to the existing building at 143 Canal Street, which will enable it to comply with Subaru' s demand and at the same time minimize costs. The Petitioner owns approximately three and one-half (3 1/2) acres on Canal Street, which we believe is familiar to all Board members. There is ample area at 143 Canal Street to expand the existing building, which is currently being used for the Saab dealership, in order to meet the Subaru requirement. It is believed that the proposed Petition is not against the Master Plan, and is in keeping with the intent of the limitations in the B-4 under the Zoning Ordinance. Many buildings in the B-4 Zone are non-conforming buildings and are located in close proximity to lot lines. It is believed that this diminimus request to extend the non-conforming rear setback an additional three (3) feet can be granted without derogating from the intent of the Zoning Ordinance in the B-4 and Overlay Districts. In all other respects the proposed addition will conform to the current zoning requirements under both the B-4 and Entrance Corridor Overlay District. The lot is bounded on three sides by Canal, Laurel and Meadow Streets. Additional land acquisition or alternative placement of the building or addition is not feasible. These limitations, peculiar to the lot, would create hardship to the Petitioner if the Zoning Ordinance were literally applied to this project. Therefore, the Petitioner respectfully requests that a Special Permit under Article VI, Section 6. 2 , Table II, and Article VIZI, Section 8 .4 , be granted in order to extend the existing non- conforming building on the lot. SCHEDULE A The Petitioner, Canal Realty Trust, is the owner of the property situated at 135 Canal Street, Salem, Massachusetts, which is currently used for sales, service, and repairs of automobiles. Gauthier Motors, which is the only tenant of Canal Realty Trust, has been in business in Salem for many, many years. It is a distributor of Mercedes Benz, Subaru, and Saab motor vehicles. One requirement of the Subaru franchise agreement is that a new separate facility must be maintained for the Subaru franchise. The Petitioner was granted variances by this Board for construction of a facility across the street, at 138 Canal Street; however, the economy at present is not supportive of such a large expenditure. The Petitioner, hopeful of an economic turnaround, but still mindful of the construction costs, is requesting that this Board grant it permission to add on to the existing building at 135 Canal Street, which will enable it to comply with Subaru's request and at the same time minimize costs. The Petitioner owns approximately three and one-half (3 1/2) acres on Canal Street. There is ample area at 135 Canal Street to expand the existing building, in order to meet the Subaru requirement. It is believed that the proposed Petition is not against. the Master Plan, and is in keeping with the, intent of the B-4 Zoning Ordinance. Many buildings in the B-4 Zone are non-conforming buildings and are located in close proximity to lot lines. It is believed that this diminimus request to extend the non-conforming rear setback an additional three (3) feet can be granted without derogating from the intent of the Zoning Ordinance in the B-4 and Overlay Districts. In all other respects the. proposed addition will conform to the current zoning "requirements under both the B- 4 and Entrance Corridor Overlay District. The lot is bounded on three sides by Canal, Laurel and Meadow Streets. Additional land acquisition or alternative placement of the building or the proposed addition is not feasible. These limitations, peculiar to the lot, would create hardship to the Petitioner if the Zoning Ordinance were literally applied to this project. Therefore, the Petitioner respectfully requests that a Special Permit under Article VI, Section 6. 2, Table II, and Article VIII, Section 8.4, be granted in order to extend the existing non- conforming building on the lot, as shown on the plan submitted herewith. r 11 29 91 12.23'00 6Za71-LEGL CITY OF-SALEM BOARD OF APPEAL _ 745-9595 Ext. 381 L d a public hearing for all persons inter- he petition submitted by Canal Realty a Special Permit to allow construction ,fanition at 143 Canal Sl.(B-4).Said hearing Monday,December I6,1991 at 7:00 P.M., m Green, 2nd floor. . RICHARD A. BENCAL, hairma1r 2, 9, 1991 c 11-29-91.12:23:00.67871-L E GL CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Canal Really Trust for a Special Permit to allow construction ol'an addition at 143 Canal St.(B-4).Said hearing to be held Monday,December 16,1991 at 7:00 P.01., One Salem Green, 2nd floor. RICHARD A. BENCAL, Chairman' December 2, 9, 1991 SN67871 4 P ry � 11-29-91.12:23:00.67871-LEGL ) CITY OF SALEM BOARD OF APPEAL 745.9595 Ext. 381 ! Will hold a public hearing for all persons inter- csted in the petition submitted by Canal Really Trust fur a Special Permit to allow construction E.an addition at 143 Canal Sl.(B-4).Said hearing to be held Monday,December 16,1991 at 7:00 P.01., One Salem Green, 2nd floor. 4 RICHARD A. BENCAL, Chairman �, December 2, 9, 1991 _ SN67871 1 ` APPEAL CASE NO. . . . . . . . . .. . . . . . . . . . . . . . T Ctv of Salem, Ansonc4metts PDar3 Df Appeal TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. .143 .Cana7. .Stre€.t . . . . . . . . . . . . . . . . . . .U*:fit; Zoning District. B.-4. . . . . . . . . . . . . . . �o6cKc *'k iV4 x Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. J . N G n a n:: '-- m o t✓ 1.1_. _— U U •mob Cv } r ry c rn ) on mr N f.[3 ca .� The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Schedule A, attached. Owner. . Canal. Realty. Trust.. Address. 142 Canal Streetp SalemL MA 01470 c%o John R. Serafini,' Sr. Telephone. . . . . .?:479221'-. . . . .. . . . .. . . . . . .. . .. Petitioner. . Canal. Realty.Trust . . . . . . . . . . . . . . Address. . . 142 Canal Streets Salem; MA 01970 Date. .Noyember,22� 1291 c/o John R. Serafini, Sr. Tele hone. . . . . . Federal.Street, Salem,. MA 74 0212 By. . �r. �. amu . �5—.! � . . . . . . . r Three copies of the application must be filed with the Secretary of the Board of .,,;!Appeals with a check, for advertising in the amount of. . S76.50. . . . . . . . . . . . ifour weeks prior to the meeting of the Board of Appeals. Check payable to The . Evening News. SCHEDULE A The Petitioner, Canal Realty Trust, is the owner of the property situated at 143 Canal Street, Salem, Massachusetts, which is currently used for sales, service, and repairs .of automobiles. Gauthier Motors, which is the only tenant of Canal .Realty Trust, has been in business in Salem for many, many years. It is a distributor of Mercedes Benz, Subaru, and Saab motor vehicles. One requirement of the Subaru franchise agreement is that a new separate facility must be built and maintained for the Subaru franchise. The Petitioner was granted variances by this Board for construction of a facility across the street, at 138 Canal Street; however, the economy at present is not supportive of such a large expenditure. Realizing this, Subaru has given the Petitioner an extension of time for compliance with this requirement, and the Petitioner, hopeful of an economic turnaround, but still mindful of the construction costs, is requesting that this Board grant it permission to add on to the existing building at 143 Canal Street, which will enable it to comply with cSubaru Is demand and at the same time minimize costs. The Petitioner owns approximately three and one-half (3 1/2) acres on Canal Street, which we believe is familiar to all Board members. There is ample area at 143 Canal Street to expand the existing building, which is currently being used for the Saab dealership, in order to meet the Subaru requirement. It is believed that the proposed Petition is not against the Master Plan, and is in keeping with the intent of the limitations in the B-4 under the Zoning Ordinance. Many buildings in the B-4 Zone are non-conforming buildings and are located in close proximity to lot lines. It is believed that this diminimus request to extend the non-conforming rear setback an additional three (3) feet can be granted without derogating from the intent of the Zoning Ordinance in the B-4 and Overlay Districts. In all other respects the proposed addition will conform to the current zoning requirements under both the B-4 and Entrance Corridor Overlay District. The lot is bounded on three sides by Canal, Laurel and Meadow Streets. Additional land acquisition or alternative placement of the building or addition is not feasible. These limitations, peculiar to the lot, would create hardship to the Petitioner if the Zoning Ordinance were literally applied to this project. Therefore, the Petitioner respectfully requests that a Special Permit under Article VI, Section 6. 2 , Table II, and Article VIII, Section 8 . 4, be granted in order to extend the existing non- conforming building on the lot. APPEAL CASE NO. . . . . . . . . .. .. . . . . . . . . . . . CHC of Salem, ffla$sttc4Tse##s <, putts of Appeal �f.IMHf TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. .14a .Caaa.L .StrejaL . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .W*t)t; Zoning District. B.-4. . . . . . . . . . . . . . . . . . . . . . ; xxsaiidxisaxee3xsx�f£e�t�xi��tx�ss#if�. . . . . . . . . . . . . �ahc�0ci4lMc�0c158�8¢81c1�i0igx Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance vMh Settion IX A. 1 of the Zoning Ordinance. LU r.L o LL uJ.q X C) U N O O W 6 MCD C'... Ln a m n N LO The Application for Permit was denied by the Inspector of Buildings for the follcwing reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed; as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Schedule A, attached. Owner. . Canal Realty. yypst . . .. . . .. . . . . . . . . . . Address. 142 Canal Streetr Salem= MA 01470 c/o John R. Serafini, Sr. Telephone. . . . . . 744.0212 Petitioner. .Canal. Realty.TrusL . .. . . . . . . . . . . . Address. . . 142 Canal Streets Salemy MA 01970 Date. ,Noyember 22� 1991 c/o John R. Serafini, Sr. Tel hone.. . .. 63 Federal Streets Salem, MA r� 74 0212 By. . Ucr�... . .. : . . . . . . Three copies of the application must be filed with the Secretary of the Board of . ,Appeals with a check, for advertising in the amount Of. .$76.50. . . . . . . . . . . . . . . . . . +four weeks prior to the meeting of the Board of Appeals. Check payable to The . Evening News. SCHEDULE A The Petitioner, Canal Realty Trust, is the owner of the property situated at 143 Canal Street, Salem, Massachusetts, which is currently used for sales, service, and repairs of automobiles. Gauthier Motors, which is the only tenant of Canal Realty Trust, has been in business in Salem for many, many years. It is a distributor of Mercedes Benz, Subaru, and Saab motor vehicles. One requirement of the Subaru franchise agreement is that a new separate facility must be built and maintained for the Subaru franchise. The Petitioner was granted variances by this Board for construction of a facility across the street, at 138 Canal Street; however, the economy at present is not supportive of such a large expenditure. Realizing this, Subaru has given the Petitioner an extension of time for compliance with this requirement, and the Petitioner, hopeful of an economic turnaround, but still mindful of the construction costs, is requesting that this Board grant it permission to add on to the existing building at 143 Canal Street, which will enable it to comply with Subaru' s demand and at the same time minimize costs. The Petitioner owns approximately three and one-half (3 1/2) acres on Canal Street, which we believe is familiar to all Board members. There is ample area at 143 Canal Street to expand the existing building, which is currently being used for the Saab dealership, in order to meet the Subaru requirement. It is believed that the proposed Petition is not against the Master Plan, and is in keeping with the intent of the limitations in the B-4 under the Zoning Ordinance. Many buildings in the B-4 Zone are non-conforming buildings and are located in close proximity to lot lines. It is believed that this diminimus request to extend the non-conforming rear setback an additional three (3) feet can be granted without derogating from the intent of the Zoning Ordinance in the B-4 and Overlay Districts. In all other respects the proposed addition will conform to the current zoning requirements under both the B-4 and Entrance Corridor Overlay District. The lot is bounded on three sides by Canal, Laurel and Meadow Streets. Additional land acquisition or alternative placement of the building or addition is not feasible. These limitations, peculiar to the lot, would create hardship to the Petitioner if the Zoning Ordinance were literally applied to this project. Therefore, the Petitioner respectfully requests that a Special Permit under Article VI, Section 6. 2, Table II, and Article VIII, Section 8.4 , be granted in order to extend the existing non- conforming building on the lot. SCHEDULE A The Petitioner, Canal Realty Trust, is the owner of the property situated at 143 Canal Street, Salem, Massachusetts, which is currently used for sales, service, and repairs of automobiles. Gauthier Motors, which is the only tenant of Canal Realty Trust, has been in business in Salem for many, many years. It is a distributor of Mercedes Benz, Subaru, and Saab motor vehicles. e One requirement of the Subaru franchise agreement t is that a new separate facility must be built and maintained for the Subaru franchise. The Petitioner was granted variances by this Board for construction of a facility across the street, at 138 Canal ,Street• however, the economy at present is not supportive of such a large expenditure. Realizing this, Subaru has given the Petitioner an extension of time for compliance with this requirement, and the Petitioner, hopeful of an economic turnaround, but still mindful of the construction costs, is requesting that this Board grant it permission to add on to the existing building at 143 Canal Street, which will enable it to comply with Subaru' s demand and at the same time minimize costs. The Petitioner owns approximately three and one-half (3 1/2) acres on Canal Street, which we believe is familiar to all Board members. There is ample area at 143 Canal Street to expand the existing building, which is currently being used for the Saab dealership, in order to meet the Subaru requirement. It is believed that the proposed Petition is not against the Master Plan, and is in keeping with the intent of the limitations in the B-4 under the Zoning Ordinance. Many buildings in the B-4 Zone are non-conforming buildings and are located in close proximity to lot lines. It is believed that this diminimus request to extend the non-conforming rear setback an additional three (3) feet can be granted without derogating from the intent of the Zoning Ordinance in the B-4 and Overlay Districts. In all other respects the proposed addition will conform to the current zoning requirements under both the B-4 and Entrance Corridor Overlay District. The lot is bounded on three sides by Canal, Laurel and Meadow Streets. Additional land acquisition or alternative placement of the building or addition is not feasible. These limitations, peculiar to the lot, would create hardship to the Petitioner if the Zoning ordinance were literally applied to this project. Therefore, the Petitioner respectfully requests that a Special Permit under Article VI, Section 6. 2 , Table II, and Article VIII, Section 8 .4 , be granted in order to extend the existing non- conforming building on the lot. i rs� 1S Mov `3W �ap l Ir � z � a � w 0 � zs lMi+ + V lu H'M'S VA .Z O - `N ; . 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