15 CHERRY HILL AVENUE - CALL, BRIAN - ZBA 15 Cherry Hill Avenue R-1
Beneficial Mortgage Co. (owner)
Brian Call (Petitioner)
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1 MORTGAGE DEED "OK 4P2PC031
With Power•of sale
I, Jeanne B. Lovely, Trustee of 21 Valley Street Realty
/Trust, u/d/t dated April 17, 1985, recorded with the
KNOW ALL MEN BY THESE PRESENTSthat. .SA.N.R1t...8.@Bis try„_9f,,,Def d4x,,,Book„7 722x,,,Ppye.,•75.r
.. ......•..
Mortgagw,residing at._......_... ._...11....V.B.).ux..Sx.[2&.C.n...S.Rlem...... Essex
..............m.......... . ........................................County.
Massachusetts, for consideration paid, hereby grant, bargain, sell and convey unto BENEFICIAL MORTGAGE CO. OF
MASSACHUSETTS,a Delaware corporation qualified to do business in Massachusetts and having an office and place of business at
7..........................................................................9..0...Wash iA&l;.Qfx...S.tr.g.vt t.a...,$a 1 qm..............................................................................................
in ..................Essex.................._... County, Massachusetts, Mortgagee, with mortgage covenants, the real property (Property)
described as follows:
ALL THAT CERTAIN lot,tract and parcel of land,together with buildings and improvements thereon,situated in................................
•••••••..SdLt:]0..................................................................in the County of......Essex•....................and Commonwealth of Massachusetts.
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” FOR DESCRIPTION, SEE EXHIBIT 'A' ATTACHED "
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0 If this box is checked,this Mortgage is subject to a prior mortgage dated 119.............. ... 19._85..,executed by=
Mortgagors to..........................HA.rl:I.1Fi.A,9.S.irnMortgpgeC9mvu..a...Inc.:..............................................................................................._r
r as mortgagee,which prior mortgage secures payment of a promissory note in the principal amount of8.......,85.r,Q00„()0,,,,,,,,,,,,,,,,,,,
' That prior mortgage was recorded on............ e o
� P � April...11a.......:.......19.8.5....with the Register o(.........Fi.S.S...?i.................................................�
i County,Massachusetts in Book.......ZI.ZZ.......of Mortgages at page ............. to
This Mortgage is ti
rlgeg poo the STATUTORY CONDITION,and upon the condition that the Mortgagors shall keep
the mortgaged Property described above insured against fire and other hazards in such amount and with such carriers+
as the Mortgagee shall approve, FOR ANY BREACH OF WHICH THE MORTGAGEE SHALL HAVE THE—
STATUTORY POWER OF SALE. -
This Mortgage is given to secure a Revolving Loan,evidenced by a Revolving Loan Agreement("Agreement")dated with the same
date as this Mortgage under which the Mortgagee is obligated to make loans and advances, including an Initial Advance, up to
3...754.0Q-00.............. referred to hereafter as.the."Line of Credit", together with interest on Unpaid Balances at the Rate of
Finance Charge shown in the Agreement at the time the Revolving Loan is openeJ or as the rate may be changed after the loan is
opened.The Agreement provides that payment thereon may 6e made in any amount and at any time and a default in the payment of
the full amount of any minimum payment,at the option of the Mortgagee and without notice or demand,shall render the entire amount
at once due and payable. '
...................................................................................:...................cy by the curle............................................I....... 7i3f7k7f7$"df the Mortgagors releases to the
Mortgagee all rights of dower and homestead(and tenancy and all other interests in the Property. o
Should Mongagor(s)die,Mortgagee may,at its option,declare the Unpaid Balance at once due and payable. O
Mortgagors herein expressly covenant and agree to pay and keep current the monthly instalments on any prior mortgage and tgy7
prevent any default thereunder. Mortgagors further agree that should any default be made in the payment of any instalment of–,
principal or any interest on the prior mortgage,or should any suit be commenced or other action taken to foreclose the prior mortgage
then the amount secured by this Mortgage shall become and be due and payable in full at any time thereafter, at the option old
Mortgagee and in accordance with the Agreement.Mortgagee,at its option,may pay the scheduled monthly instalments on the prior
mortgage and,to the extent of the amount so paid,become subrogated to the rights of the Mortgagee identified on the prior mortgage.
All payments made on the,prior mortgage by Mortgagee shall bear interest at the Rate of Finance Charge until paid"'full.
e If Mortgagors voluntarily shall sell or convey the Property,in whole or in part,or any interest in that Property or by some act or means
divest themselves of title to the Property without obtaining the written consent of Mortgagee, then Mortgagee, at its option, may
declare the entire balance of the loan plus interest on the balance immediately due and payable.This option shall not apply if(1)the
sale of the Property is permitted because the purchaser's creditworthiness is satisfactory to Mortgagee and(2)that purchaser,prior to
the sale,has executed a written assumption agreement containing terms prescribed by Mortgagee including,if required,an increase in
the rate of Finance Charge payable under the Agreement.
If there be only one mortgagor,all plural word'herein referring to the Mortgagors shall he construed in the singular.
IN WITNESS WHEREOF,the Mortgagors have hereunto set their hands and seals on this..: fh...day of....Nwember
Signed,sealed and deliver by Mortgagors in the presence of
Witness:... .. ... -.:... .. .,.
..a _ Jeanne B. Lovel , Tree
Witnese:...................................................._................................................. ......................................................................................................(SEAL)
COMMONWEALTH OF MASSACHUSETTS ) ACKNOWLEDGMENT
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COUNTY OF..................E...........SSEX....................................) - j;;f:�N1,,;16
On this 1.5.21...... daX of HO.v.=zibAr....0........................ 19..8.7......... before me
............
personally appeared .ltaD,R4._i<n...):9Y.ely,r,.,Trustee.................................. to me _ x
known to be the person(s)described in and who executed the foregoin r instrnmrt,and
t. . r4
thereupon..she.....acknowledged thahe.....executt>e same as. �orm _ :or U.
Ihia,her,ih•iq
own tree act and deed: ,, // :. �.'.,�'• �A,r
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IIf..1M1.'tO Ed.Sept.'s4 My mints on expires: A/. 1Tlu.osis/fM riff rel nmen.l..ull
Bend 9292PG032
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" EXHIBIT A "
Lot numbered 578 as shown on Pian of Land entitled "Homo Sites" owned by Frederick H.
Grlswold, dated November, 1939, Thomas A..Appleton, C.E., recorded with Essex South
District Registry of Deeds, Book of Pians IU, Plan 145, Section 8. Said parcel of land
, . being bounded and described as follows:SOUTHWESTERLY; by Valley Street os shown on said Plan, 56 feet; r .
NORTHWESTERLY: by lot numbered S30 as shown on said Plan', 131.37 feet;
NORTHEASTERLY; by lot numbered 579 as shown on said Plan, 49.62 feel;
SOUTHEASTERLY: by lot numbered 526 as 'shown on said Plan; 137.60 feel
Sdd.parcel of land containing 6661 square feet according to said Plan..
PARCEL NO. 1 !
Lot numbered $29 on'/aid Plan of Land entitled "Home 511es• owned by Frederick H. Griswold,
dated Novemler, 192T, and recorded et the Essex South District Registry of Deeds. Said
parcel of find being bounded and described as follows.
- - NORTHEASTERLY; by Cherry HIII Avenue as shown on said Plan, 50 Ml; .
NORTHWESTERLY: by Lot No: $31 as shown on.said Plan 131.37 feet; -
SOUTHWESTERLY: by lot numbered 318 as shown on sold Plan, 49.62 feat;
SOUTHEASTERLY; by.Lot No. 527 as shown on said Plan, 137.so feat.
Said parcel containing 66,511 square Mt according to sold Plan. w
.. FOR TITLE see Deed of Mark Lovely, Evelyn L. Lovely and Harvey
Levesque, dated April 17, 1985, recorded with said Deeds; r
Book 7722, Page 76.
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COT.1MOU EA_LTH OF MASSACHUSETTS
Department Of The Trial Court
Essex, ss. Superior Court
No. 91-1275
Robert Gerolamo, et al
VS.
Richard Bencal, et als
SUMMARY JUDGMENT
(MASS . R . CIV. P. 56 )
This action came to be heard before the Court, Ronan, J.
presiding, upon the motion of the plaintiffs Robert Gerolamo and
Barbara Gerolamo for summary judgment pursuant to Mass. R. Civ. P.
5b, the Court finds that there is no genuine issue as to material
fact, and that the plaintiffs Robert Gerolamo and Barbara Gerolamo
are entitled to a judgment as a matter of law.
It is hereby Ordered that ;
the decision of the Board of Appeals of the City of Salem is annuled.
The Clerk/Magistrate of this Court shall within 30 days send an
attested copy of this judgment to the City Clerk, Building Inspector
and Board of Appeals respectively of the City of Salem.
Dated at Salem, Massachusetts, this 5th day of November, 1991.
Assistant Clerk
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,'\ �nar6 iuf Appeal
TO THE BOARD OF APPEALS:
the petitioner under a purchase and sale agreement.::
The Cndersir,ed re�resent that lie is /dcti'ce kkaxsxmm of a certain parcel of. lana locate
at 1i0. 1s Ch�rry Hi 1 Avenue , Zoning Oistrict8-h. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s). y?
Of the zoning Ordinance.
Plans describing the work proposed, have been sub± itted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. .
This is a direct appeal for the division of land into two lots; the first lot on which
a dwelling house is situated contains 50 feet of frontage and 6,681 square feet is located c
21 Valley Street. The second parcel is vacant land containing 50 -feet of frontage on
Cherry Hill Avenue with 6,659 square feet of land.
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The Application for Permit was- denied by the Inspector of Buildings for the following
reasons:
NIA
The Undersigned hereby petitions the Board of Appeals to vary the terms of. the Salem
Zoning Ordinance aad#s # 1 ►►g Gude ari4-e�eep-eke-Fas$ector�€�uildiags-ee
appy-04&446-applieatie # frer444G--W4-14-as-€4ed, as the enforcement of said
Zoning By-Laws and 8ti444fflT--Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief ..ay be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinancefor
the following reasons:
The Owner desires to transfer the vacant lot to the petitioner.who proposes tobuild
a single family house. The house to be constructed will conform to all set Yuck and
side yard regulations. The vacant lot is virtually the same size as most other lots
in the neighborhood. The two lots are separated with each having frontage on different
streets. It is respectfully submitted that the division of the lots shall not be
detrimental..to...the neighborhood.
d, •
N O> N
W n- C-�_ Owneene
.r.Bficial.Mortgage C9,pp Y. . . . . . . . . . .
M- kn yw . . .
r w R Address.9o.washington Street, Salem, MA 01970
. . . . .. . . . .. . . . . . . . . . . .
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Telephone.50s-744.5060. .
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Petitioner. Brian Call . ..... . .. .. . . . . .. .
Address.. ?Po,Qe Atreet,,.&L199, •*0,4}9Tq•
Date. ,January 31, 1991
Telp .. ... . .... .. .... .. .. . ... . . . .. . . .
By. . . . .. . ... .. .
The' o brg�s P Vallis � • •
Three copies of the application must be filed with Secretary of the Board of
Appeals with a check for advertising' in :the acount
.. . .
four weeks prior to the meeting of the Board of Appeals Check payable to The > ,
Evening flews.
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DATE OF HEARING d
PETITIONER
LOCATION S
MOTION: TO GRANT L SECOND
rt
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT
DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
:r) JOSEPH CORRENTI_
RICHARD''FEBON10- t/
MARY JANE STIRVOLT Y
ASSOCIATE MEMBERS
ARTHUR LABRECQUE
CONDITIONS:
DATE OF HEARING
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 WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
j JOSEPH CORRENTI_
nzavrtrrr�"c
MARY JANE STIRGWOLT
ASSOCIATE MEMBERS
36 'ADY '
ARTHUR LABRECOUE
CONDITIONS: '
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CITY OF SALEM - MASSACHUSETTS
KEVIN T.DALY Legal Department LEONARD F FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem, Massachusetts 01970 508-921-1990
May 7 , 1991
Essex Superior Court
34 Federal Street
Salem, MA 01970
ATTN: Civil Docketing Clerk
RE: Robert Gerolamo, et al. v. Salem Board of Appeals, et al.
Docket No. :
Dear Sir or Madam:
Relative to the above-named matter, please find enclosed my
appearance on behalf ut the members of the City of Salem Board of
Appeals.
Thank you for your attention to this matter.
Very truly yours,
KEVIN T. DALY
CITY SOLICITOR
KTD/rmj
Enclosure
CC: John M. Hartley, Esquire
Brian Call
Beneficial Mortgage Ompany
Board of Appeals
I
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. TRIAL COURT
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.
* * * * * * * * * * * * * * * * * * *
*
ROBERT GEROLAMO and
BARBARA GEROLAMO,
Plaintiffs
*
V.
*
RICHARD BENCAL, JOSEPH CORRENTI, * NOTICE OF
RICHARD FEBONIO, MARY JANE * APPEARANCE
STIRGWOLT, EDWARD LUZINSKI ,
ARTHUR LABRECQUE, As they are
Members of the Board of Appeals of
the City of Salem, BRIAN CALL and
BENEFICIAL MORTGAGE COMPANY,
Defendants
*
* * * * * * * * * * * * * * * * * * *
Now comes Kevin T. Daly, Esquire, and enters his appearance
on behalf of defendants Richard Bencal, Joseph Correnti , Richard
Febonio, Mary Jane Stirgwolt, Edward Luzinski and Arthur
Labrecque, as they are members of the City of Salem Board of
Appeals.
i
SALEM BOARD OF APPEALS,
By its attorney,
KEVIN T. DALY
CITY SOLICITOR j
One Church Street
Salem, MA 01970
Telephone No. ( 508 ) 745-0500
Dated: May 7, 1991
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CERTIFICATE OF SERVICE
I , Kevin T. Daly, Attorney for Defendants , hereby certify
that I served the foregoing NOTICE OF APPEARANCE to the
plaintiffs by mailing a copy thereof , first-class mail , postage
prepaid, to John M. Hartley, Esquire, P.O. Box 709, 152 Lynnway,
Suite 3A, Lynn, MA 01903-0809 , to co-defendants Brian Call , 12
Pope Street, Salem, MA 01970 and Beneficial Mortgage Company, 90
Washington Street , Salem, MA 01970.
Signed under penalties of perjury this 7th day of May,
1991.
KEVIN T. DALY
CITY SOLICITOR
One Church Street
Salem, MA 01970
Telephone No. ( 508 ) 745-0500
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CITY OF SALEM - MASSACHUSETTS
KEVIN T.DALY Legal Department LEONARD F FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem, Massachusetts 01970 508-921-1990
May 7 , 1991
Essex Superior Court
34 Federal Street
Salem, MA 01970
ATTN: Civil Docketing Clerk
RE: Robert Gerolamo, et al. v. Salem Board of Appeals, et al.
Docket No. :
Dear Sir or Madam:
Relative to the above-named matter, please find enclosed my
appearance on behalf of the members of the City of Salem Board of
Appeals.
Thank you for your attention to this matter.
Very truly yours,
KEVIN T. DALY
CITY SOLICITOR
KTD/rmj
Enclosure
CC: John M. Hartley, Esquire
Brian Call
Beneficial Mortgage ompany
Board of Appeals
t
I
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. TRIAL COURT
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.
* * * * * * * * * * * * * * * * * * *
*
ROBERT GEROLAMO and
BARBARA GEROLAMO,
Plaintiffs
*
V.
*
RICHARD BENCAL, JOSEPH CORRENTI, * NOTICE OF
RICHARD FEBONIO, MARY JANE * APPEARANCE
STIRGWOLT, EDWARD LUZINSKI,
ARTHUR LABRECQUE, As they are
Members of the Board of Appeals of
the City of Salem, BRIAN CALL and
BENEFICIAL MORTGAGE COMPANY,
Defendants
*
* * * * * * * * * * * * * * * * * * *
Now comes Kevin T. Daly, Esquire, and enters his appearance
on behalf of defendants Richard Bencal , Joseph Correnti , Richard
Febonio, Mary Jane Stirgwolt, Edward Luzinski and Arthur
Labrecque, as they are members of the City of Salem Board of
Appeals.
SALEM BOARD OF APPEALS,
By its attorney,
KEVIN T. DALY j
CITY SOLICITOR
One Church Street
Salem, MA 01970
Telephone No. ( 508 ) 745-0500
Dated: May 7 , 1991
i
CERTIFICATE OF SERVICE
I , Kevin T. Daly, Attorney for Defendants , hereby certify
that I served the foregoing NOTICE OF APPEARANCE to the
plaintiffs by mailing a copy thereof , first-class mail , postage
prepaid, to John M. Hartley, Esquire, P.O. Box 709, 152 Lynnway,
Suite 3A, Lynn, MA 01903-0809 , to co-defendants Brian Call, 12
Pope Street, Salem, MA 01970 and Beneficial Mortgage Company, 90
Washington Street , Salem, MA 01970.
Signed under penalties of perjury this 7th day of May,
1991.
KEVIN T. DALY
CITY SOLICITOR
One Church Street
Salem, MA 01970
Telephone No. ( 508) 745-0500
r,
The City of Salem, Board of Appeals will hold a Public
Hearing for all persons Interested In the petition submitted by
Brian Call for variances to divide lot and to construct a
single family dwelling at 15 Cherry Hill Avenue (R-1 ) . Said
hearing to be held Wednesday , March 20, 1991 at 7 : 00 P .M . , One
Salem Green , 2nd floor , Salem, MA 01970 .
j � •
GE P . VALLIS , ATTORNEY
81 W s ington Street
Salem MA 01970
(508) 745-9993
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CERTIFIED
GEORGE P. VALLIS `
ATTORNEY AT LAW _ P 230 801 434 I ,r"'��„
81 WASHINGTON STREET E! m &
SALMAIL MASSACHUSETTS 01970 '�" 1� r,
-Board of Appeals
City Hall �q'``' _ -,_,, i
City of Salem
Salem, MA 01970A
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Is your RETURN ADDRESS
I completed on the reverse side?
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' °� '91 APR -3 P3 :07
DECISION ON THE PETITION OF BRIAN CALL (PETITIONER) , BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HiLL AVENUE (R-1 ) CITY CLL9K'S OFFICE
SAL�.'1 "ASS,
A hearing an this petition was held February 27, 1991 and continued until March
20, 1991 with the following Board Members present: Richard Bencal, Chairman;
Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur
Labrecque. Notice of the hearing was sent to abutters and others an notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot size and frontage to allow parcel
to be divided and to construct a single family home on the newly created lot. Said
single family dwelling will conform to all setback requirements. The property is
located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was opposition voiced at the hearing.
2. A petition in opposition to this application was submitted.
3. The proposed division will bring these lots into conformity with other
lots in the area with regard to depth.
4. The newly created lot will be equal in lot area and frontage to many of the
lots in the same district.
5. This is the only lot in the area with frontage on two streets.
6. The proposed single family dwelling will meet all setback requirements.
DECISION ON THE PETITION OF BRIAN CALL ( PETITIONER) BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HILL AVENUE, SALEM
page two
On basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of, Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio opposed) to grant the
Variances requested subject to the condition the petition obtain proper street
numbering from the City of Salem Assessor.
Variance Granted
March 20, 1991
ichard Febonio, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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W
r"h L�"> Appeal from this decision, If any,shall be made pursuant to Section 17 Of
CL `" the Mass.General Laws,Chapter 608, and shall be filed within 20 days
c
atter the date of filing of this decision in the office of the City Clerk.
lt! f s5. F'.vstunt to Mass. General Laws, Ch^nter 808, Section 11, the Variance
C m uji yc:Wl Permit granted herein shall not take effect until a copy of the
a UQ 'ecision, bearing the certification of the City Clerk that 20 days have
)-N elapsed and no appeal has been filed. or that, if such appeal has been
filed, that it has been dismissed or denied is recorded In the South Essex
V Registry of Deeds and indexed under the name or the owner.of record or
is Wwrded and noted an the owner's Certificate of TIUe.
BOARD OF APPEAU
i
(City of '�21jCm, 4jj2ISSaCjilISPtts cc r
Z
-poura of _At�ettl
'91 APR -3 P3 :07
DECISION ON THE PETITION OF BRIAN CALL ( PETITIONER) , BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HiLL AVENUE (R-1 ) CITY CLERK'S OFFICE
SALL-"
A hearing on this petition was held February 27, 1991 and continued until March
20, 1991 with the following Board Members present: Richard Bencal, Chairman;
Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur
Labrecque. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot size and frontage to allow parcel
to be divided and to construct a single family home on the newly created lot. Said
single family dwelling will conform to all setback requirements. The property is
located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was opposition voiced at the hearing.
2. A petition in opposition to this application was submitted.
3. The proposed division will bring these lots into conformity with other
lots in the area with regard to depth.
4. The newly created lot will be equal in lot area and frontage to many of the
lots in the same district.
5. This is the only lot in the area with frontage on two streets.
6. The proposed single family dwelling will meet all setback requirements.
DECISION ON THE PETITION OF BRIAN CALL ( PETITIONER) BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HILL AVENUE, SALEM
page two
On basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio opposed) to grant the
Variances requested subject to the condition the petition obtain proper street
numbering from the City of Salem Assessor.
Variance Granted
March 20, 1991
-ichard Febonio, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
M1 W
C U
to t`
ii— :tet•? Appeal from this daeislon. If any, shall be made pursuant to Section 17 of
CL
the Mass. General Laws, Chapter COS. and shall be filed within 20 days
%' In °�� atter the date of filing of this decision in the office of the City Clerk.
F.irr.u.nt to Mass. General Laws, chnoter 809. Section 11, the Variance
: !• e,al Permit granted herein shall not take effect until a copy of the
C cjQ acision, bearing the certification of lho city Clerk that 20 days have
1.L rN elapsed and no appeal has been filed• or that, if such appeal has been
H filed,that it has been dismissed or denied is recorded In the South Essex
V Registry of Deeds and indexed under the name or the owner.of record or
IS Boorded and noted an the owner's Certificate of Title.
BOARD OF APPEAR
r - _
.y
a
Titu of RF.„F ., fBoard of Au '91 APR -3 P3 :07
DECISION ON THE PETITION OF BRIAN CALL (PETITIONER) , BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HiLL AVENUE (R-1 ) CITY CLERK'S OFFICE
SALL." `,A_'51.
A hearing on this petition was held February 27, 1991 and continued until March
20, 1991 with the following Board Members present: Richard Bencal, Chairman;
Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur
Labrecque. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot size and frontage to allow parcel
to be divided and to construct a single family home on the newly created lot. Said
single family dwelling will conform to all setback requirements. The property is
located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was opposition voiced at the hearing.
2. A petition in opposition to this application was submitted.
3. The proposed division will bring these lots into conformity with other
lots in the area with regard to depth.
4. The newly created lot will be equal in lot area and frontage to many of the
lots in the same district.
5. This is the only lot in the area with frontage on two streets.
6. The proposed single family dwelling will meet all setback requirements.
DECISION ON THE PETITION OF BRIAN CALL (PETITIONER) BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HILL AVENUE, SALEM
page two
On basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio opposed) to grant the
Variances requested subject to the condition the petition obtain proper street
numbering from the City of Salem Assessor.
Variance Granted
March 20, 1991 1)
ichard Febonio, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r w
C rJ
L�cn Appeal from this decision, If any,shall be made pursuant to Section 17 of
a' the Mass.General Laws, Chapter 608, and shall be filed within 20 days
i �' atter the date of filing of this decision in the office of the City Clerk.
1. 1 may., F'areuint to Mass. General Laws, Ch::oter 808. Section 11, the Variance
u rr al Permit granted herein shell not take effect until a copy of the
4J. Q UQ ovsion, bearing the certification or ma City Clerk that 20 days have
Yy elapsed and no appeal has been filed, or that, if such appeal has been
F" filed, that it has been dismissed or denied is recorded in the South Essex
V Registry of Deeds and indexed under the name or the owned of record or
18 ogoorded and noted an the owner's Certificate of Title.
- BOARD OF APPEAL!
l�-
/nnin4b
T . Titg of $Aem, flattsoadjusetts
oara of Appeal
5
April 8, 1991
Notice is hereby given that as of April 3, 1991 the decision
of the Board of Appeal has been filed in the office of the
City Clerk to grant the petition of Brian Call for Variances
to divide lot and to construct a single family dwelling at
15 Cherry Hill Avenue.
BOARD OF APPEAL
t
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision If any, shall y, s a I be made pursuant to Section 17bf
the Mass. General Laws,Chapter 808,and shall be filed within 20 days
after the date-.of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General,Laws, Chapter 808, Section 11, the variance
or•8regial Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days have -
elapsed and no appeal has been filed, or that, if such appeal has-been
filed,that it has been dismisseG or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is, rEdorded'and noted on the owner's Certificate of Title.
BOARD OF APPEAL
r
The City of Salem, Board of Appeals will hold a Public
Hearing for all persons Interested In the petition submitted by
Brian Call for variances to divide lot and to construct a
single family dwelling at 15 Cherry Hill Avenue (R-1 ) . Said
hearing to be held Wednesday, March 20, 1991 at 7 : 00 P .M. , One
Salem Green , 2nd floor , Salem, MA 01970.
GE P . VALLIS, ATTORNEY
81 W s ington Street
Salem MA 01970
(508) 745-9993
CERTIFIED
GEORGE P. VALLIS
ATTORNEY AT LAW - P 230 8U1 434
81 WASHINGTON STREET
SUITE 41
SALEM.MASSACHUSETTS 01970 MAIL
Board of Appeals
City Hall
City of Salem -
Salem, MA 01970
0'.
i
s Coif ofttlem, Csstt�ho5eff
Fire Departmerd �Hrabyuartcra
upHc
48 ?1afagette '�btrert
Joseph F. Sullivan :*atem, 4Ea. 01970
Chief
City of Salem RE: 15 Cherry Hill Avenue
Board of Appeal City of Salem
One Salem Green Hearing date: February 27, 1991
The Salem Fire Department has no objection to the granting of variances to divide
the lot and construct a single family dwelling at 15 Cherry Hill Avenue subject to
the following conditions:
1- Plans for the proposed construction are presented to the Fire Prevention Bureau
for approval prior to the issuance of a building permit.
2- The proposedconstruction shall conform to all applicable provisions of the
Massachusetts State Building Code, 527CMR (Code of Massachusetts Regulations) ,
the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts
General Laws relative to fire safety. i
, 6
3- The applicant shall arrange for an inspection by the Fire Prevention Bureau
upon conpletion of the work.
orman P. LaPointe
Fire Inspector
cc:
file
applicant
a
The City of Salem, Board of Appeals will hold a Public
Hearing for all persons Interested In the petition submitted by
Brian Call for variances to divide lot and to construct a
single family dwelling at 15 Cherry Hill Avenue (R-1 ) . Said
hearing to be held Wednesday , March 20, 1991 at 7 : 00 P .M . , One
Salem Green , 2nd floor , Salem, MA 01970.
4GEP . VALLIS , ATTORNEY
ngton Street
A 01970
(508) 745-9993
CERTIFIED
GEORGE P. VALLIS
ATTORNEY AT LAW P 230 801 434 �'-
81 WASHINGTON STREET ; 3
SUITE 41
SALEM.MASSACHUSETTS 01970 1
IL
Board of Appeals
City Hall
City of Salem
Salem, MA 01970
AP.FEAL`�CASE UO.-._.......,
4 (Mv of "5aI, m,` � tt t
� f u$>r#ts
T
�� . '.• n Ifs L
t nr6 of c�1p}rcal
TO THE BOARD OF APPEALS:
the petitioner under a purchase,-arid sale agreement:;
The L'ndersi ared re�resent that lie is /,*je tcaxwexe= of a certain parcel of lana locate
at ;�O. ls ch8rry Hi 1 Avenue et; Zoning District8-l. .
and said parcel is affected by Section(s). Y?. . . . .
of the zoning Ordinance.
Plans describing the work proposed, have been submitted to the Inspector of Buildi"nas in
accordance with Section IX A. 1 of the Zoning Crdinance.
This is a direct appeal for the division of land into two lots; the first lot on which
a dwelling house is situated contains 50 feet of frontage; and 6,681 square feet is located
21 Valley Street. The second parcel is vacant land containing 50 -feet of frontage on
Cherry Hill Avenue with 6,659 square feet of land.
t rn z
r
r^.
W
co
m
--o
S
n
The Application for Permit eras denied by the Inspector of Buildings for the following
reasons:
N/A
The Undersigned hereby petitions the Board of Appeals, to vary the terms of. the'Salem
Zoning Ordinance aad#sr_-# F_L &WAing}-Gude a aPder-Abe--Ias$ector--o€.Bui_ldi-►gs-Se
appr�va-the apliEaen-dee-fseri�-Lo 6u�1d-as-€ fed, as the enforcement of said
Zoning By-Laws and Btt4444*94ode would involve practical difficulty or unnecessary
hardship to the Undersigned a
nd relief -may be granted without substantially dero-
gating
9ating from the intent and purpose of the Zoning Ordinance ei4-4ti#44ii►g-Co4e for
the following reasons:
The Owner desires to transfer the vacant lot to the petitioner who proposes to build
a single family House. The house to be constructed will .conform to all set Sack and
side yard regulations. The vacant lot is virtually the same size as most other lots
in the neighborhood. The two lots are separated with each having frontage on different
streets. It is respectfully submitted that the division of the lots shall not be
detrimental..to..the neighborhood.
N '
LU
J
a o_ n.. Owner:seneficiaI1Mo gage Company.
0- U,, " :J
a- �' '—•� 90 Washington Street, Salem: MA 01970
,.: Address. , , . , . , . . . . . . .. . . . .. . .
W V :ter ., . . . . . . . .
C)
Telephone,s?!=744-5060
_ . ... . . .. . . . ... .. . . .. .. . . . . . . . . .
n >-
F-
" Petitioner. Aiian Call
a, . .. . . . . . . .
Address..12.?on(i Street . P49q,,,*4,q}9Tq , ,,
Date. .?anuary 31 , .1991 Tel p
.. ...... ... .. .... .. .. . . . . . .. . . . .
By. . . . . . .. .. . . .. . .'.. . . . .. . . . . . . . . .
The' o org6 P. vallis
Three copies of tle application must be failed with Secretary of the Board of
Appeals with a check,: for advertising in :the acount .'. . . .. . ..`. .... .. ..... .... :
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News. 'r
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r- (Eitu of ttlem, � Httssttcl�usetts
\ s Pourd of Appeal
We the undersigned do hereby waive all rights with regard to time
requirements for the Zoning Board of Appeal relative to hearing
the following application:
(rS
Property Location J �� �L
Original Meeting date
New Meeting date
Signature of Petitioner and/or his/here resentative:
February 27, 1991
CITY OF SALEM
BOARD OF APPEALS
We, the following homeowners and abutters, are opposed to a
variance to divide Lot 4. and construct a single family home on 15
Cherry Hill Avenue. There is more undeveloped land on Cherry Hill
Avenue, and we feel that if this variance is approved it could set a
precedent and depreciate the value of our homes.
NAME ADDRESS
n
a /
(cont.)
NAME ADDRESS
� v
q, ck-"ALI t=�� ape g-j�,,
. ��N.caw�T1'c0
C�t$g of ttlent, �clTuSett�
s ire �epartmettt �teaD9uarters
�ccmr+c
48 `C'9f4Vrfte '�-trrrt
Joseph F. Sullivan o tt1em, fi�tt. 01970
Chief
City of Salem RE7`15 Cherry Hill Avenue
Board of Appeal -City-of Salem
One Salem Green Hearing date: February 27, 1991
The Salem Fire Departmant has no objection to the granting of Variances to divide
the lot and construct a single family dwelling at 15 Cherry Hill Avenue subject to
the following conditions:
i
1- Plans for the proposed construction are presented to the Fire Prevention Bureau
for approval prior to the issuance of a building permit.
2- The proposedconstruction shall conform to all applicable provisions of the
Massachusetts State Building Code, 527CMR (Code of Massachusetts Regulations) ,
the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts
General Laws relative to fire safety.
3- The applicant shall arrange for an inspection by the Fire Prevention Bureau
upon completion of the work.
Is d,
Orman P. LaPointe
Fire Inspector
CC:
file /
applicant 4l
APPEAL CASE NO. . . . . . . . . . . .. . . . . . . . . . . .
X�444. ` Chit of "5C.11MI, C assac {meas
_ 1 rd of ��lppe11
TO THE BOARD OF APPEALS:
the petitioner under a purchaseaand sale agreement.:;
The Undersi�r,ed re�aresent that he is /&ne kBmxsxmn of a certain parcel of land located
at 10. 15 Ch rry Hi 1 Avenue fibmet; Zoning Districtl?-l. .
and said parcel is affected by Section(s). V?
of theZoning Ordinance.
Plans cescribing the work proposed, have been sub+witted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance:
This is a direct appeal for the division of land into two lots; the first lot on which
a dwelling house is situated contains 50 feet of.frontage; and 6,681 square feet is located at
21 Valley Street. The second parcel is vacant land containing 50 •£Q9t -qf €rontage on
Cherry Hill Avenue with 6;659 square feet of land,
m
R
SP
r.
rn
Vo' _
N
The Application for Permit was- denied by the Inspector of Buildings for the following
reasons:
N/A
The Undersigned hereby petitions .the Board of Appeals to vary the terms of. the Salem
Zoning Ordinance aad#si� ii�ig Godes o�dex-tke=la3$e�t�r--0# Buildpg�-te
apercave -tom app}}Eat}efl_#�Py _a�_€}. ed� as the enforcement of said
Zoning By-Laws and Btj41d4•Ag-£o4e would involve practical difficulty or unnecessary
hardship to the Undersigned and relief .nay be granted without substantially dero-
gating from the .intent and purpose of. the Zoning Ordinance *rrd-4u-4d-ktg-Ge e for
the following reasons:
The Owner deeires to transfer the vacant lot to the petitioner who proposes to build
a single family house. The house to be constructed will conform to all set back and
side yard regulations. The vacant lot is virtually the same size as most other lots
in the neighborhood. The two lots are separated with each having frontage on different
streets. It is respectfully submitted that the division of the .lots shall not be
detrimental_to-the neighborhood.
W CY
O
Owne.r.$enefici .1 Ac tgage ComVany
tz e$ i`''vai . . .
w w Address.90 Washington Street, Salem, MA 01970
o a . . . . . . . . . . . .
aTelephone,508:744.5060
Co —y . . . . . . .
Br
Petitioner . . . .ian Call
. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Add resS. ,12 Poke Street, piijV01 MA•01970
Date. .January 3-1, 1991
Teleph ne ' .. . . . . .. . . . . . . . . . . .
s o ..:. . . . . . . . . . . . . . .
Their
Georg P Vallis
Three copies of the application must be failed with tie ecretary ofthe Board of
Appeals with a check, for advertising in :the amount of. . . . .:. . . . . . :. . .. . . .
four weeks prior to the meeting Of the Board of Appeals. Check .payable to The
Evening News.
�.
i� z..
PrTITION TO BOARD OF APP'C•ALS 't "
LOCATION ;
< u
15 Cherry Hill Avenue
........ r
Brian PETCall
ADDRCSS.,12 Eoge StreeC.::
cl
COND1'IIONS
._.
....... ..........................................
PETITION APPROVED.................... ❑
DENIED......................... (�
:................................ 19.........
02-11-91.06:14:27.55515-LEGB 02-11-91.06:11:27.55515-LEGB
w—
CITY OF SALEM CITY OF SALEM
BOARD OF APPEAL BOARD OF APPEAL
745-9595 Ext. 381 745-9595 Ext. 381
Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter-
Varianesteces
in the petition submitted by tract Call for ested in the petition submitted by Brian Call for
Variances to divide lot and to construct a single Variances to divide lot and to construct a single
F
family dwelling at 15 Cherry IliAve. 7 family dwelling at 15 Cherry dill Ave.(R-1). Said
Said y r
hearing to be held Wednesday, Februarryy 2 27, 1991 hearing to be held Wednesday,February 27, 1991
at 7:00 P.M., One Salem Green, 2nd floor. dFb '
RICHARD A. BENCAL, Chairman '' at 7:00 P.M., One Salem Green, 2nd floor.
February 13, 20, 1991 RICHARD A. BENCAL, Chairman
February 13, 20, 1991
02-11-91.06:11:27.55515-LEGB `
I
CITY OF SALEM
BOARD OF APPEAL
795-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Brian Call for
Variances to divide lot and to construct a single
family dwelling at 15 Cherry hill Ave.(R-1). Said
hearing to be held Wednesday,February 27, 1991
at 7:00 P.M., One Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
February 13, 20, 1991
APPEAL CASE 1410. : . . . . . . . . . . . . . . . .
0f J3,11MT� '2t155c`TChMeffra�
1,(irb of ca3'Pe11
TO THE BOARD OF APPEALS:
the petitioner under a purchase and sale agreement._:
The Lnders red re resent that lie is /&rye > cGxxexa of 8 certain parcel of lanb located
at ,'10. 15 ch rry Hifl Avenue fir, Zoning Districtg-l. .
. ; and said parcel is affected by Section(s). Vl
of the Zoning Ordinance.
Plans describing the work proposed, have been subr. itted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Crdinance.
This is a direct appeal for the division of land into two lots; the .first lot on which
a dwelling house is situated contains 50 feet o£.frontage and 6,681 square feet is located at
21 Valley Street. The second parcel is vacant land containing 50 -feet of frontage on
Cherry Hill Avenue with 6,659 square feet of land.
r
m
z
co
an
co
i=
`r
m CO
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
N/A -
The Undersigned herebypetitions..the Board of Appeals to vary the terms of. the Salem
Zoning Ordinance aad{st # i� iinc} Gude a ��de�-the-da3{�ee#oa �ui kliegs-te
aP�+ -tie appa}eat#eaiir�o�wi7 led, as as the enforcement of said
Zoning By-Laws and Bti4`1,4ff -ode 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 -afrd--&-4d4n-Gede for
the following reasons:
The Owner desires to transfer the vacant lot. to the petitioner who proposes to build
a single family house. The house to be constructed will conform to all set back and
side yard regulations. The vacant lot is virtually the same size as most other lots
in the neighborhood. The two lots are separated with each having frontage on different
streets. It is respectfully submitted that the division of the lots shall not be
detrimental:.to::the neighborhood.
� a a
Owne.r:Beneficial.Mortgage Company.
€u . •
Address 90 Washington Street, Salem; MA 01970
1 . . . . . . . . .
CD
Telephone,508.744-5060
.y . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. Brian Call
Address..??.?eke Streef, PPP P411 .MA01970
Date. ,January 31, 1991
Tel p o . . . . . . . . . . . . . . .
p :
By. . . . . . . . . . . . . . . . .
.s The,' o eorg6 P. Vallis
Three copies of the application must be filed with h : Secretary of'the Board of
Appeals with a check,: for advertising in the arount
four weeks prior to the meeting of the Board of Appeals Check payable�to The
Evening News.
'NO tl... .. ,
P[TITION TO IIOARD OFAPPEALS -
LOCATION „-
PChQrry Hill Avenue
� Z•�
C ,
PETITIONCP:...srian Call
........
ADDRESS 12 Poke Street:
Salem: l,7A 01970 ,
c .-
o
CONll!t IONSlu
c ;
....•...... •.. .....••......•.........•..•............ .- Y...a
.............. -... ........................................ 1
PETITION APPROVED.................... ❑
DENIED.........................
.............::............................... 19.........
f
APPEAL CASE NO. .. . . . . . . . . . . . . . . . . . . . . .
of 5almil, C Zt55c�t Li5E f5
,t�.z r
.; t.
i,�r�i ufc�lp}zeal
TO THE BOARD OF APPEALS:
The Undersigned represent that they are ti!e owners of a certain parcel of land located
at NO.3 .Conness Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .J:Jmeat; Zoning District. R-1. .
and said parcel is affected by Section(s).)I AL .&, Y. .(,P. zP) .
of the i Salem Zoning.Ordinance.
Plans describing the work proposed, have been sub!aitted to the Inspector of Buildings in
accordance with Section IX A. 1 of .the Zoning Ordinance.
Owners desire to remodel second floor of a single family dwelling in order to convert it .
into a single family use. It is their intention to expand the second floor by two feet on
each side as shown on the attached site plan. The second floor will be occupied by their son,
his wife and two minor children. T M
w s
0
cD —, m
r
cn cD N
The Application for Permit was- denied by the Inspector of Buildings for the following
reasons:
Not applicable this is a direct appeal
for a special permit and variance
The Undersigned hereby petitions the Board of Appeals/to vary the terms of the Salem
Zoning Ordinance 11
as the enforcement of said
Zoning By-Laws a3dcgn0odecwould 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 for
the following reasons:
Owners.have owned and resided on the premises since. 1964 and have raised their
family thre.�� The area is built up and.consists of single and two family houses on
similar sized lots. It is respectfully submitted that (l) the site is an appropriate
location for such structure and use, (2) the two -family use will not adversely affect
the neighborhood and (31 there will be no nuisance or hazard to vehicles or pedestrians.
o wCn .
U_,,_
C CO U Q
Carroll F. Dickinson and Arlene L.
Owner DiCPj1p4P. . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
Q` L)
Address. 3. 99141M.4944A .441.PA . . . . . . . . . . . .
Telephone. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .I . .
.as .aboua . . . .. . . . . . . . . . . . . . . .
Petitioner.Same
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date.�'OrV44YiWL,.?98J . . Tele o . . . . . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . .
T eiiq •tt ey, George P. Vallis
1 a of the Board of
et
Three copies of the application must be filed with th . Sect ry
Appeals with a ch6�ck,i for. advertising, in ,the arount of.. .. . . . . . . . . ... . . . . . . . .. . . .
four weeks prior -to the meeting of the Board of Appeals. Check payable to The
Evening hews.
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R:—Complete Items 1 and 2 when additional services are desired, and complete Items 3
p uteaddreas In the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
car b_eing returned to you. hereturn e fa I o'I d ou he name of the Person
d ered o-nd the date of 0.1'very. For additional fees the following services are available. Consult
p 'fBrJor fees and check box(ea)6or additional service(s) requested.
1. 1 Show to whom delivered,date,and addressee's address.,.. 2. [1 Restricted Delivery
t(Extra charge)t t 1 f(Extra charge)t
3. A ticle Addressed to: 4. Article Number
Robert V. and Barbara J. Gerolamo . P 71-3 ('G/
22 Cherry Hill Avenue Type of Service:
Salem, MA 01970
El Registered El Insured
$9-Certified ❑ COD
❑ Express Mail
Always obtain signature of addressee
,.A. or agent and DATE DELIVERED.
5. ,Signature—Addressee S. Addressee's Address(ONLY if
x' requested and fee paid)
6. Signature—Igent
x
7. Date o el' er—
PS Form or.
ar. 1987 + U.S.G.P.O.1987-178-269 DOMESTIC RETURN RECEIPT
i UNITED STATES POSTAL SERVICE ESS _
OFFICIAL BUSINESS 5PM U•S. POS .E
SENDER INSTRUCTIONS o l
Print your name, address, and q OFFIMA .0
Code in the space below. �y 504 AR o�
• Complete items 1,2, 3, and 4 o 992 OLy P
the reverse. �9 9� oo""^"® i
` • Attach to front of article if space -- i
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE,$300
Requested"adjacent to number.
RETURN Print Sender's name,address,and ZIP Code in the space below.
TO
George P. Vallis, Esq.
81 Washington Street
Salem, MA 01970
Re: Brian Call/Bd. Appeals
•SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3
and 4.
Put your address In the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. The return receipt fee will Provide You the name of the Person
delivered to and the date of delivery. For additional fees the following services are available. Consult
postmaster for fees and check box(es)for additional service(s) requested,
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery
t(Extra charge)t 1(Extra charge)?
3. Article Addressed to: 4. Article Number
Bing See and Bik Ying Szeto
18 Cherry Hill Avenue Type of Service:
Salem, MA 01970 ❑ Registered ❑ Insured
Certified ❑ COD
Express Mail
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Signature—Addressee 8, Addressee's Address(ONLY if
X requested and fee paid)
6. Signature—Agent
X
7. Date of Delivery
'1' PS Form 3811, Max.1987 •U.S.G.P.O.1987.178-268 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I -
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP
Code in the space below.
• Complete items 1, 2, 3, and 4 on U.S.MAIL
the reverse. �®
• Attach to front of article if space
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
• Endorse article 'e Return Receipt USE,$300
Requested"adjacent to number.
RETURN Print Sender's name,address,and ZIP Code in the space below.
TO
George P_ Vallis, Fs-g
1 Washington Street
Salem Ma 01970
Brian Call/#594
,_ J
*SENDER: Complete items 1 and 2 when additional services are desired, and complete Items 3
and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to You. The return receipt fee will Provide you the name of the Person
delivered to and the date of delivery. For additional fees the following services are available. Consult
postmaster for fees and check box(es)for additional service(s) requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery
f(Extra charge)f f(Extra charge)f
3. Article Addressed to: 4. Article Number �1 �
Nancy Boris �0/ /
Type of Service:
17 Cherry Hill Avenue El Registered El Insured
Salem, MA 01970 OC9rtifled ❑ COD
❑ Express Mail
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. natur ressee r 8. Addressee's Address(ONLY if
requested and fee paid)
6. Signature Agent
7( Date of Delivery \�
PS Farm 3811, Max. 1987 U.S.G.P.O.1967-176-268 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SEFRICr--,--7�
OFFICIAL BUSINESS A,' pM •��
SENDER INSTRUCTION o
Print your name, address, anQIP _
Code in the space helow. i MAR
e Complete items 1,2, 3, and 4�n a� / -'""• rAe
the reverse. — �' .•vo..:.� m Ute®
• Attach to front of article if space
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
a Endorse article "Return Receipt USE,$300
Requested"adjacent to number.
RETURN Print Sender's name,address,and ZIP Code in the space below.
TO George P. Vallis, Esq.
4•
81 Washington Street
e. Brian Call/#594
*SENDER: Complete items 1 and 2 when�0ditional services are desired, and complete items 3
and 4.
Put your address in the "RETURN TO" Sp`d�bn the reverse side. Failure to do this will prevent this
card from being returned to you. The retura>_recelot fee will Provide you the name of the Person
delivered to and the data of delivery. For aVItlonal fees the following services are available. Consult
postmaster for fees and check box(ft) for add tional service(s) requested.
1.. ❑ Show to whom delivered, date,and addressee's address. 2. ❑ Restricted Delivery
r t(Extra c arge)t t(Extra charge)t
3. Article Addressed to: ` N 4. A ticle Number
��36
Scott D. and Beatrice Thibedeau Type of Service:
19 Cherry Hill Avenue ❑ Registered ❑ Insured
Salem, MA 01970 'Certified ❑ COD
❑ Express Mail
Always obtain signature of addressee
' or agent and DATE DELIVERED.
'5.. Signa u —Addressee _ 6. Addressee's Address(ONL Y if
llpp .ttJJ1I requested and fee paid)
6. Signature—Agent
X
7. Date of live Y�
,J
PS Form 381 Y, Mu/987 s U.S.G.P.O.1987-178-268 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
J awye. _
SENDER INSTRUCTIONS
Print your name, address, and ZIP BAR
Code in the space below. -
• Complete items 1,2, 3,and 4 on •9
the reverse. MAIL®T -
• Attach to front of article if space
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE,$300
Requested"adjacent to number.
RETURN Print Sender's name,address,and ZIP Code in the space below.
TO George P. Vallis, Esq
91 Washington st,,t
R Salem, MA 01970
Re: Brian Call/#594
SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the date of deliver . For additional ees t e o owing services are avai a e. onsu t postmaster or tees
an c eck ox lesl or additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. ticle Number
Peter and Chriso Hantzopoulos
4 Sherwood Avenue Type of Service:
❑ Registered ❑ Insured
Peabody, NIA 01960 [ cenified 1:1 COD
[] Express Mail ❑ Return Receipt
for Merchantlise
Always obtain signature of addressee
or agent and DATE bEUVERED.
5. Mddressee 8. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Ageht
X
7. Date of Delivery
3` %ick IGrp,, u
PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
1
UNITED STATES POSTAL SERVICE I I I
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your nems,address and ZIP Code
in the apace below.
• Complete items 1,2,3.and 4 on the [U=.S.MAIL]
reverse.
• Attach to otherwise
a article Rack of
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Returnt USE, 5300
Rapuested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
Flanrna P Val lic Pcn
81 Washington Street
calam mA Ql_Q7_
Rrizn L'all/#4�ta
• SENDER: Complete.itemUl and 2 when additional services are desired, and complete items
3 and 4.
Put your address'in'the"RETURN'TO" Space on the reverse side.Failure to do this will,prevent this card
(:om being returned to you.Theseturn receipt The will provide you the name of the 'etsdn delivered to and
Ate date of deliver4. For adaitiopa Tees t e meowing services are avai a e. ons.t postmaster ortees
aha c eck[T0XjeSj Tor addtional service(s) requested.
.T ❑ Show to whom delivered, date, and addressee's address: 2; 71 Restricted Delivery
t '(E`ah?a charge) (Extra charge)
'3. Article Addressed to: - 4. Article Number
7,f364,/ z7/_3
Peter R. and Nancy A. Morgan Type of Service:
25 Valley Street ❑ Registered ❑ Insured
��ertified ❑ COD
Salem, MA 01970 ❑ Express Mail ❑ Return Receipt
for Merchan pise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. 8. Addressee's Address (ONLY if
X Si ture Addressee requested andfee paid)
6.'Signature — Agent
X
7. Date of DpJi ry
PS Form 3$ l lAppr. 1989 DOMESTIC RETURN RECEIPT
UNIIED STATES POSTAL SERVICE h�• ' ..�...�•'�`
•» OFFICIAL BUSINESS
0
..—SENDER INSTRUCTIONS
Print your name,address and ZIP Code
in the space below.
• Complete items 1,2,3,and 4 on the
reverse. r« LLS.MAILO
• Attach to front of article if space `
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt ., USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis, Esq.
81 waslitrigton Street
Salem, MA 01970
Brian Call/if SQ4
• SENDER: Complete items, 1,and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receit fee will provide you the name of the person delivered to and
the date of deliver . For ad Mona fees t e of owing services are avai a le. onsult postmaster or ees
and check
ox es or additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
P ��3GG/ ra
Flora Voyantzis Type of Service:
23 Valley Street ❑ Registered ❑ Insured
Salem, MA 01970 Certified ❑ COD
El Express Mail ❑ Return ReceipPt
for Merchandise
Always obtain signature of addresses
or agent and DATE DELIVERED.
5. Signat dd !'l, ' 8. Addressee's Address (ONLY if
X `i requested and fee paid)
6. /Signature — Agent
X
7. Date ofDel" ery
-/( $
PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
l *"t
Is
UNITED STATES POSTAL SERVIC �,'ESSF�
OFFICIAL BUSINESS '. P M ?i
SENDER INSTRUCTIONS o od
Print your name,address and ZIP Co 13 M 4 R Q;/ y,•y,csT. � .yer
in the space below. //
• Complete Items 1,2.3,and 4 on the �9 9�. '�"T''��-""•
reverse. U.S.MAILO
• Attach to front of article if apace
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis, Esq.
81 Washington Street
Salem, MA 01970
Re, Er'an Call #994
• SENDER: Complete items 1 and 2 when additional services E'—Jdesirpwand complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will preventthis card
L.
being returned to you.The return recei t fee will rovide ou the name of the erM delivered to and
the date off deliver For additional ees t e fo owing services are available. on
postmaster for tees
and c ech k boxles)for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
10:51 �l?64515`//
Sylvester L. and Catherine 14 Type of Service:
❑ Registered ❑ Insured
Kielbasa )R�aertified ❑ COD
19 Valle Street ❑ Express Mail ❑ Return Receippt
Valley for Merchantlise
Salem, MA 01970 Always obtain signature of addressee
or agent and DATE DELIVERED.
5. igna re Addre a 8. Addressee's Address (ONLY if
requested and fee paid)
6. Signatur — Agent
—
x
7. Date of Dp{ive " •
PS Form 3811 Apr. 98 DOMESJ;C RETURN RECEIPT
UNITED STATES POSTAL,SE 4rMM f-t =.'•m, u
OFFICIAL BUSINESS o vj
SENDER INSTRUCTIONS'
Print your name.address and ZIP Coda 9 �"
in the space below.
• Complete items 1,2,3.and 4 an the
U.S.MAIL
reverse.
• Attach to frontarticle if space
peotherwisea affix to beck of
article.
PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis Esq.
E 81 Washington Street
Salem, MA 01970
I Re: Eri-all ed]:j:-0F.f9-
I
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the date off deliver . For ad itiona ees t e ollowing services are availa le. onsult postmaster or ees
and c ech k boxles)for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Ertra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Nicholas J. Chiconas t�2 -7f3 6r-/X10
*" Type of Service:
288 Eastern Avenue
El Registered
Lynn, MA 01902 Registered Insured
Certified ECOD
❑ Express Mail Return ReceiFFt
erchand�se
Always obtain.§ignal. "' see
or agent and ATe�D � ER
5. Signature — Addressee 8. Addres ee' Add, s (O L if
x i request fe/e�1'd)
6. Si nature — Age
x ti N r
I5 71,Date of Delivery
PS FoiOl 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
0 TI
UNITED STATES POSTAL SERVICE I I I I I I
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print ebur name.address and ZIP Coda
in the space below.
• Complete items 1,2,3,and 4 on the U,S.MAIL
reverse. ��
• Attach to front of article if space r
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested" adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis
81 Washington Street
Salem MA 01970-
Re: ll#994
I* SENDER:,Complete items 1 and 2`when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the arson delivered to and
the date of deliver For additional ees the o owing services are avai a e. onsuit postmaster for Tees
and c eck boxes for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Philip and Lucille A. Litman /�:> 7�P3 6(I 5eO
17 Valley Street Type of Service:
Salem— MA 01970 ElRegistered ❑ Insured
Certified ❑ COD
Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and o..TE ELIVERED.
5. Si ddr 8. Ad se Ad-r6 s (ONLY if
re u_grMAR
I an J'Ile,;ai
6. _g Agent 7
X
7. Date of Delivery 1991
FJ0
PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
UNITED STATES POSTALSERVICE '" P M
OFFICIAL BUSINESS -
��
SENDER INSTRUCTIONS
Print your name,address and ZIP Code"
In the space below.
• Complete items 1,2,3,and 4 on the �
reverse. ups-O Y`
• Attach to front of article if space
permits, otherwise affix to beck of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
Gearge P. Ivallis, Esq.
81 Washington Street
Salem,—MA 91979
Re. Bran Gall #594
• SENDER:,Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will revide ou the name of the arson delivered to and
the date of deliver . For additional fees t e ollowing services are avar a le. onsult postmaster or ees
and c ec ox es or additional servicelsl requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Euro charge)
3. Article Addressed to: 4. Article umber
7J3 &G/ �/o �-
Andreas G. Kapoglis Type of Service:
43 Aborn Street ❑ Registered ❑ Insured
PEabodyr MA 01960 r0:&rtifiad ❑ COD
❑ Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. SJfqlignature — A res B. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Agent
X
7. Date of Delivery
PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I I I I I
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name,address and ZIP Coda
in the apace below.
• Complete items 1,2,3,and 4 on the �
reverse. IASO
• Attach to frontarticle If space
Permits, otherwise
atfiz to beck of
endo PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, 5300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis, Esq.
Bi Washington Street
Salem, MA 01970
Re: Brian Call /13,9-
• SENDER: Complete items 1 and 2 when additional services are desired, a dl co Ig =(te
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this wprev�nF¢I•y'�c
from being returned to you.The return recei t fee will rovide you the name of the ersd'.deliveied to
the date of deliver . For ad Ilona ees t e o owing services are available. Consult postcna rar<gr s
an c eck oxles or additional servicelsl requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Fora charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Board of Appeals P 30-801-434
SType of Service:
Salem City Hall
❑ Registered ❑ Insured
Salem, MA 01970 ® Certified ❑ COD
❑ Express Mail ❑ Return Receippt
for MerchanGise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Signature — Addressee 8. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Agent
x 0--7. D of Delivery MAR 1991 I
PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT
I
v
UNITED STATES POSTAL SERVICE -----------------
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
0
a M AR
Print your name,address and 21P Code _
S
In the space below.
• Complete items 1,2,3,and 4 on the UO
reverse.
• Attach to front of article if space
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
George P. Vallis, Esq.
81 Washington Street
Salem, MA 01970
Re: Brian Call / #594
The City of Salem, Board of Appeals will hold a Public
Hearing for all persons Interested In the petition submitted by
Brian Call for variances to divide lot and to construct a
single family dwelling at 15 Cherry Hill Avenue (R-1 ) . Said
hearing to be held Wednesday, March 20, 1991 at 7:00 P .M. , One
Salem Green , 2nd floor , Salem, MA 01970.
r
GE P . VALLIS , ATTORNEY
81 W s Ington Street
Salem MA 01970
(508) 745-9993
BOARO OF ASSESSORS
CITY HALL PAGE, /
-- --77� -
DATE : 02/06/91
CERTIFIED ABUTTERS LIST
^
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PROPERTY ADDRESS: 0015 CHERRY HILL AVENV[
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0096 0022 CHERRY MILL AVENUE 6ER0LAM0 ROBERT V 22 CHERRY HILL AVE °
- ' - �_--
------- SALEM MA 01970
14 0097 0018 CHERRY HILL AVENUE SZET0 SING SEE 18 CHERRY HILL AVE /
� SZETO RIK YIN5 SALEM MA 01970
/
17-CNCRRY -HILL AVE
SALEM MA 01970
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14 02282 0019 CHERRY HILL AVENUE THIBEDEAU SCOTT D 19 CHERRY MIL( AVE ~'
- SALEM DA 01970
�4 O225 0013 CHERRY HILL AVENUE HANTZuP0ULOS PETER 4 SMFkW0OD AVE' ` ` ,'.
CHRIS0 PEAB0DY MA 019610
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NANCY A SALEM MA 01970
44 0231 0023 VALLEY STREET V0YANTZlS FLORA 23 VALLEY ST
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� SALEM MA 01?70
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� �4 O232 OO21 VALLEY STREET LOVELY MARK ET ALI 2� VALLEY ST �~
� SALEM M4 01970
L- 19VALLEY- ST
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CATHERINE M SALEM MA 131970
� 14 O234 OOOO VALLEY STREET CHIC0NAS NICHOLAS J 388 EASTERN AVE
LYNN MA 01902
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JOHN M. HARTLEY, ESQ. O .
Attorney at Law
P.O. Box 709, Seaport Landing, 152 The Lynnway, Suite 3A, Lynn, MA 01903-0809, (617) 581-5270
Also admitted in Mois Of Counsel:Wendell P.Weyland
April 23, 1991
Mr. Richard Bencal
19 Goodale Street
Salem, MA 01970
RE: Robert Gerolamo and Barbara Gerolamo v. Richard Bencal, et. al.
Dear Mr. Bencal:
In reference to the above captioned matter, please find enclosed a copy of the complaint which
was filed with the Essex Superior Court in Salem, Massachusetts.
Please accept this letter as notice pursuant to M.G.L.A. c.40A, §17.
Very truly yours,
s
o
q M. Har( y, Es ,/
JMH/smh
Enclosure
Certified Mail No. P699055901
TYPE OR USE BALL POINT PEN
MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
Essex CIVIL ACTION COVER SHEET
SS. (To be filed with each Complaint) NO.
PLAINTIFF(S) DEFENDANT(S)
ROBERT GEROLAMO and BARBARA GEROLAMO RICHARD BENCAL, et.al.
ATTORNEY(S) (Firm Name, Address, Tel.) John M. Hartley, Esq ATTORNEY(S) (If known)
P.O. Box 709, Seaport Landing, 152 The
Lynnway, Lynn, MA 01903, (617) 581-5270
BBO # 24420
Place an ® in one box only ORIGIN
( 1. F01 Complaint ❑ 4. F04 Dist. Ct.Appeal c.231, s.97
❑ 2. F02 Removal to Sup. Ct. c.231, s.104 ❑ 5. F05 Reactivated after Rescript; Relief
❑ 3. F03 Retransfer to Sup. Cf. c.231, s.102C from judgment/order (Mass. R. Civ. P. 60)
Placa an Z in one box ertly NATURE OF ACTION
CONTRACT REAL PROPERTY MISCELLANEOUS
❑ A01 Services, labor and materials ❑ COI Land taking (eminent domain) ❑ E02 Appeal from administrative agency,
❑ A02 Goods sold and delivered ® CO2 Zoning appeal, G.L. c.40A G.L. c.30A
❑ A03 Commercial paper ❑ CO3 Dispute concerning title ❑ E03 Action against Commonwealth Or
❑ A06 Sale or lease of real estate ❑ C04 Foreclosure of mortgage Municipality, G.L. 0.258
1`7 A99 Other(specify) ❑ C99 Other (specify) E] E04 Taxpayer suit, G.L. c.40 s.53
❑ E05 Confirmation of arbitration awards,
G.L. c.251
TORT EQUITABLE REMEDIES ❑ E06 Massachusetts Antitrust Act,
❑ 803 Motor vehicle negligence-personal ❑ DOt Specific pertormance of contract G.L. c.93
injury/property damage ❑ E08 Appointment of receiver
❑ 804 Other negligence-personal Injury ❑ 002 Reach and apply, G.L. x214, -
property damage s.3(6)-(9) Ci E09 G.L. ca149,ntraccto2r's 92 surety bond,
❑ 805 Products liability ❑ D06 Contribution or indemnification ❑ E10 Summary process appeal
❑ 806 Malpractfce-medical ❑ D07 Imposition of trust
❑ DOB Minority stockholder's suit E] Ell Workman's Compensation
[:J807 Malpractice-other ❑ E72 Small Claims Appeal
(specify) ❑ D10 Accounting ❑ E13 Labor Dispute
❑ 808 Wrongful death, G.L. c.229, s.2A ❑ 012 Dissolution of partnership ❑ E14 Chapter 123A Petition —SDP -
❑ 815 Defamation (libel-slander) ❑ D13 Declaratory judgment, G.L. c.231A ❑ E15 Abuse Petition, G.L. c.209A
❑ B99 Other (specify) ❑ 099 Other (specify) ❑ E16 Auto Surcharge Appeal
❑ E17 Civil Rights Act, G.L. c.12, ss.11H-1
IS THIS A JURY CASE? ❑ YES ❑ NO ❑ E99 Other (specify)
SUPERIOR COURT RULE 29. Requirement of statement as to money damages to prevent the transfer
of civil actions to District or Municipai Court Departments.
1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse
side be completed.
2. Failure to complete the statement, where appropriate, will result in transfer of this action (Superior
Court F le 29(2).
SIGNATURE,YJFj ATTORNEY OFIRECC7 DATE:
�
(OFFICE USE ONLY—DO NOT WRITE BELOW THIS LINE) RECEIVED
DISPOSITION BY:
A. Judgment Entered B. No Judgment Entered DATE:
❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District Court DISP ENTERED
❑ 2. During jury trial or non-jury hearing under G.L. c.231, sl02C
❑ 3. After jury verdict BY:
❑ 4. After court finding DATE:
❑ 5. After post trial motion Disposition date
CLERK'S OFFICE COPY mtao04v21e6
COMMONWEALTH OF MASSACHUSETTS
Essex ' SS Superior Court Department
Statement of Damages Pursuant to
Superior Court Rule 29
To Prevent Transfer to District or Municipal Court Departments
(Applicable to Civil Actions)
1. This action is not subject to Rule 29 Remand for the following reason(s): (concise statement
as to why this action is not remandable, e.g., party seeking equitable relief, declaratory
judgment, action against commonwealth or municipality, etc.)
Action pursuant to M.G.L. c.40A, $17.
2. This action is subject to Superior Court Rule 29 and the following detailed statement pursu-
ant to Rule 29 sets forth the facts in full and itemized detail upon which the plaintiff relies as
constituting the damages in this action:
(if tort action, for example, specify doctors' bills, hospital bills, out of pocket expenses,
etc. that would warrant a reasonable likelihood that recovery will exceed $15,000. )
(if contract action, state with particularity damages which would warrant a reasonable
likelihood that recovery will exceed $15,000. )
y
�(dato)
. . .. . . .. .. . . .;/ nlG atura'o1 rney/oNeeord or pro so)
COMMONWEALTH OF MASSACHUSETTS !
DEPARTMENT OF THE TRIAL COURT
ESSEX, SS SUPERIOR COURT
CIVIL ACTION NO.
ROBERT GEROLAMO and )
BARBARA GEROLAMO, )
Plaintiffs )
V. ) COMPLAINT
RICHARD BENCAL, JOSEPH CORRENTI, )
RICHARD FEBONIO, MARY JANE )
STIRGWOLT, EDWARD LUZINSKI, )
ARTHUR LABRECQUE, AS THEY ARE )
MEMBERS OF THE BOARD OF APPEALS OF )
THE CITY OF SALEM, BRIAN CALL and )
BENEFICIAL MORTGAGE COMPANY, )
Defendants )
INTRODUCTION
1. This is an appeal pursuant to the provisions of M.G.L. c.40A, §17, of a decision of the
Board of Appeals of the City of Salem granting a variance to BENEFICIAL
MORTGAGE COMPANY and BRIAN CALL.
PARTIES
2. Plaintiffs own and reside at premises situated at 22 Cherry Hill Avenue, Salem,
Massachusetts.
3. Defendant, RICHARD BENCAL, is a member of the Board of Appeals of the City of
Salem, and he resides at 19 Goodale Street, Salem, Massachusetts.
4. Defendant, JOSEPH CORRENTI, is a member of the Board of Appeals of the City of
Salem, and he resides at 15 1/2 Station Road, Salem, Massachusetts.
5. Defendant, RICHARD FEBONIO, is a member of the Board of Appeals of the City of
John M.Hartley, Esq.
P.O.�m
S sm vrw
in L, .9i
L0 W o19m�
(N'7)Ald ,
Salem, and he resides at 4C Arnold Drive, Salem, Massachusetts.
6. Defendant, MARY JANE STIRGWOLT, is a member of the Board of Appeals of the
City of Salem, and he resides at 17 Andrew Street, Salem, Massachusetts.
7. Defendant, EDWARD LUZINSKI, is a member of the Board of Appeals of the City of
Salem, and he resides at 24 Hardy Street, Salem, Massachusetts.
8. Defendant, ARTHUR LABRECQUE, is an associate member of the Board of Appeals
of the City of Salem, and he resides at 11 Hazel Street, Salem, Massachusetts.
9. Defendant, BRIAN CALL, is an individual residing at 12 Pope Street, Salem,
Massachusetts.
10. Defendant, BENEFICIAL MORTGAGE COMPANY, is a corporation with a usual place
of business at 90 Washington Street, Salem, Massachusetts.
FACTS i
11. Defendants, BENEFICIAL MORTGAGE COMPANY and BRIAN CALL, on or about
January 31, 1991, filed an application with the Board of Appeals of the City of Salem
for a variance from the requirements of the Salem Zoning Ordinance as they relate to the
premises situated at 15 Cherry Hill Avenue, Salem, Massachusetts, (the Premises) which
premises are situated in a Residence R-1• District under the City of Salem Zone
Ordinance.
12. The Board of Appeals of the City of Salem, after a public hearing that was held on
March 20, 1991, voted on said date to grant such variance to Defendants, BENEFICIAL
MORTGAGE COMPANY and BRIAN CALL.
i
13. The decision of the Board of Appeals of the City of Salem granting such variance was
filed in the office of the City of Salem City Clerk on April 3, 1991. A certified copy
of the decision is attached to this complaint as "Exhibit A".
14. Plaintiffs are persons aggrieved by the decision of the Board of Appeals of the City of
Salem, in that their place of residence is located across the street (i.e. Cherry Hill
Avenue) from the Premises.
i
15. The decision of the Board of Appeals of the City of Salem exceeds the authority of the
said Board of Appeals, is based upon legally untenable grounds, and is not appropriately
authorized under M.G.L. c.40A.
16. Specifically, the decision of the Board of Appeals of the City of Salem fails to set forth
the specific findings required by M.G.L. c.40A, §10 as a prerequisite to the grant of a
John M. Hanley, Esq.
ro.a m
in Tb
L m MA 01sorosW
I
variance.
17. The decision of the Board of Appeals of the City of Salem is unreasonable, arbitrary and I
capricious, and has no substantial basis in fact.
THEREFORE, Plaintiffs pray that this Court, pursuant to the provisions of M.G.L. c.40A, §17,
and the Court's general equity power:
1. Enter an order annulling the decision of the Board of Appeals of the City of Salem.
I
2. Grant such other and further relief as this Court may deem to be proper and just.
Respectfully submitted,
ROBERT GEROLAMO and BARBARA
GEROLAMO
By their Attorney:
� I
John M. Hartley, Esq.
�- P.O. Box 709
Seaport Landing'
152 The Lynnway, Suite 3A
Lynn, MA 01903-0809
(617) 581-5270
Dated: April 22, 1991
i
I
i
John M. Manley, N.
P.O.as
W� u asm®a
tan a,aio
EXHIBIT A
�_ "- Ctu of �ZafcIil' ...7. USSiIC1ilISetts
s -Boura of Appeal
-- '91 APR -3 P3 :07
DECISION ON THE PETITION OF BRIAN CALL ( PETITIONER) , BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HiLL AVENUE (R-1 ) CITY CL_GK*S OFFICE
SALL" `AS-).
A hearing on this petition was held February 27, 1991 and continued until March
20, 1991 with the following Board Members present: Richard Bencal, Chairman;
Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur
Labrecque. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot size and frontage to allow parcel
to be divided and to construct a single family home on the newly created lot. Said
single family dwelling will conform to all setback requirements. The property is
located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was opposition voiced at the hearing.
2. A petition in opposition to this application was submitted.
3. The proposed division will bring these lots into conformity with other
lots in the area with regard to depth.
4. The newly created lot will be equal in lot area and frontage to many of the
lots in the same district.
5. This is the only lot in the area with frontage on two streets.
6. The proposed single family dwelling will meet all setback requirements.
L
DECISION Oil THE PETITION OF BRIAN CALL ( PETITIONER) BENEFICIAL MORTGAGE
COMPANY (OWNER) FOR VARIANCES AT 15 CHERRY HILL AVENUE, SALEH
page two
On basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property and not
the district in general.
2. ' Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio opposed) to grant the
Variances requested subject to the condition the petition obtain proper street
numbering from the City of Salem Assessor.
Variance Granted
March 20, 1991
ichard Febonio, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
W
C U
C" U-(" Appeal from this decision. If any,shall be made pursuant to Section 17 of
tho Mass. General Laws, Chapter 608, and shall be filed within 20 days
%' m
CrI. atter the date of filing of this decision in the office of the City Clerk.
1
s,X. F:vtuint to Mass. General Laws, C4,nter 803. Section 11. the Variance
C= C= U.1-.J t:_'al Permit granted herein 5nwi not tat(e effect until a copy of the
LL
Q cJjQ s:eion, boating the certification of the City Clerk that 20 days have
.,-N elapsed and no appeal has been filed, or that, it such appeal has been
t filed, that it has been dismissed or denied is recorded In the South Essex
V Registry of Deeds and indexed under the name or the ownerof retard or
14 Wwrded and noted an the owner's Certificate of Title.
BOARD OF APPEAL!
tV- _
BOARD OF ASSESSORS
CITY HALL PAGE:
CAJ C'M MA
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L-UGILLE A• L�TNIAN Ge(�
VA[z1ANCE PLAN
JcALE I � tJ = IOO FT. QfZOPERTY of
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BENEF1C. lAL_ FINANCE CO.
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��vP PRpPERTY S �Tc..�AT� c> ON
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.' ANVAR�( X991
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t° GERALD
RALPH
MARSELLA
No.28720
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PJB S
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VARIANCE PLAN
SCALE I 1 tv = IOO FT. QROPERTY aF
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J� BENEFICIAL FINANCE CO.
P � 1
4 90 CJASH INGTOtN ST. - SALE M
P
4� PROPERTY S iTV.�TEO ON
CHERRY N l L_L. AVENUE
� ANUAEZY 1991
It OF M.Fss'c
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• RALPH
PET
MARS w IT I O N E FZ No.28n
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REFERENCED PLANS
- PLAN BOOK 22 PLAN 24
- PLAN NO. 119 OF 1935 - BK 3045 PG 345
- PLAN NO. 520 OF 1949 - BK 3681 PG 586
- PLAN BOOK 96 PLAN 16 wo S
- 1909 STATE HIGHWAY LAYOUT OF LORING AVE. ��. o
- 1931 STATE HIGHWAY ALTERATION OF LORING AVE. �ro
ACCEPTAIJCE PLAN OF SUMNER RD. DATED JUNE 1930 N 2.10'
(THIS PLAN WAS NEVER RECORDED, IT IS ON FILE AT Z
THE SALEM ENGINEERS OFFICE )
FOR REGISTRY USE
D E T A I L A ��
NOT TO SCALE
VARIANCE GRANTED BY
THE SALEM BOARD OF
PART OF LOT 6 APPEALS .
PL. By- 22 PL,
24 DATE
� 6 HILIP a MARION
& p C Pp 2A 6ERG��pN t N/F AERO C H ER
6K. 22 RpBEFi
P�
N1F19
p of \9&9 N 69 13,2-72 60.72 /
LOQ 2 72 . 00 co 050
Om
NIF cP0
0 LOT 46 z1LOT A APPROVAL NOT . REQUIRED
f.
2589 s.
S -N42
-09-18W o i 9156 s.f. h UNDER THE SUBDIVISION
N CONTROL LAW.
NEW T 0. 3 o I ,
f SOT CSN e _ o c SALEM PLANNING BOARD DATE
9 F
Q 18.8 • (. ��5 r
1 a .n 0 a I \ 125 3 \ a
p' w
1n M `
w
LOT 3 -PL. NO. 520 of 1949 rn LOT 4A �
m I SEE DETAIL N
c6 7806 s.f. " A"
N/F HELEN SPEARIN 3 o cn
W
O W Q
I CERTIFY THAT THIS PLAN HAS
o m
1 w o BEEN PREPARED IN CONFORMITY
~o o `�' \ WITH THE RULES AND
m z REGULATIONS OF THE REGISTERS
16.5' 15.2' Z OF DE ED S 0 F THE COMMON W EALTH
M 1
2 STY. RES. I OF MASSACHUSETTS.
z IC
NO. I
— — — — — — 15.4.
4300 3.7- /
4—S60 - 29 -00E 75. 00 - S60 -29 -OOE 60. 00'
IC � Nis
1 `
(40' -PUBLIC ) ROAD
C
PAUL J DeSIMONE P. L. S.
< 0
loop/
tic SUBDIVISION
9o9s qL NOTE: PLAN OF LAND
LOT 48 WILL BE COMBINED WITH LOTA IN
C \
TO- FORM ONE CONTIGUOUS LOT. TOTAL S A L E MI NA A .
" /o AREA = 11, 745 s. f. , C '
0 20 40 60 80
0G / RECORD OWNERS : SCALE: 1" = 20 ' SEPT. 5, 1991
LOTS 4A & 4B - ELEANOR SANDERSON
BK 5276 PG. 573 PREPARED BY:
4- D & A SURVEY ASSOCIATES INC.
ode LOT A - MICHAEL & CAROL CONNOR 485 PLEASANT ST
BK 10420 PG 84 MALDEN , MA. 02148
it _
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