2 LAWRENCE STREET - MAGUIRE, ROBERT - ZBA (2) 2 Lawrence St.
a/k/a 165 Ocean Ave. R-2
+ n Robert Maguire
ly
1
-7JAM co°m,
s
APPEALS
MICHAEL E. O'BRIEN LEONARD F. FEMINO
CITY SOLICITOR r ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET c I`� ^� P aU 93 WASHINGTON STREET
and and
81 WASHINGTON STREET CITY OF S,RLcfED ONE BROADWAY
SALEM, MA 01970
745.4311 MASSt1¢Mt,�S9TPriq,mAss. SEVER 5-43111915
745-4311
744.3383 - 921.1990
Please Reply to 81 Washington Street Please Reply to One Broadway
June 11, 1986
James B. Hacker, Chairman
Salem Board of Appeals
One Salem Green
Salem, Massachusetts 01970
Re: Maguire v Hacker, et als
Essex Superior Court #86-402
Dear Mr. Hacker:
Please be advised that Judge DelVecchio has this date
remanded the above matter to the Board for reconsideration
of the original petition. Further, such reconsideration is
to take place at the next meeting of the Board which I under-
stand is June 18 , 1986 .
I will forward a copy of the order for your records as
soon as I receive the same. If you have any questions, please
feel free to contact me.
V ry ruly you-
Michael E. 0'
City Solicitor
MEO/jp
cc: Chris Drucas, Esq.
I
BOARD OF MPPE�ALS
COVE-iH0?'WEALTH OP TLL1SSACHTTSTTTS
i
Department Of T'ae 'Tial Court
i
Essex, ss . im 17 12 P5 PH 16 Superior Court
CctvEll T?o. 86-102
CITY GF ..'i.�t�, MASS. E �
i
Robert M. Maguire, Trustee
vs. I
I
James Hacker, et a13
i
ii
ORDER
I'
This cause came on for hearing before the Court, Delvecchio,l
J. presiding, upon the Plaintiff' s motion for summary Judgment,
jand after hearing, It is Ordered:
that the matter be remandod to the Board of Appeals of the
City of Salem for reconsideration at its next meeting.
I,
Attest ; Y'. ,-z
it Assistant
Entered: June 11, 1986.
I "
ii
I� �
µ,COW
e ARD OF APPEALS
MICHAEL E. O'BRIEN LEONARD F. FEMINO
CITY SOLICITOR '#, g q pc ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 'R^u�n° �u�,� k , �L �rj P;�� IGU 93 WASHINGTON STREET
and and
81 WASHINGTON STREET CITY OF SALEM g EC V D _ ONE BROADWAY
SALEM, MA 01970 MASSACHU k" �'A L R ' b. S' BEVERLY, MA 01915
745.4311
745-4311
744.3383 921.1990
Please Reply to 81 Washington Street Please Reply to One Broadway
June 12 , 1986
r -
James B. Hacker
C/O Salem Board of Appeals
One Salem Green "
Salem, Massachusetts 01970 4 J
Re : Maguire v Hacker, et als
Superior Court #86-402
Dear Mr. Hacker:
Enclosed please find Order in the above matter.
j
truly uael E.y Solicitor
MEO/jp
Enclosure
Ctg of *Iem, 'Massadjusetts
�cr ms cA'� l I
PETITION OF ROBERT M. MAGUIRE, TRUSTEE OF THE 165 OCEAN AVENUE
TRUST VARIANCES FOR 2 LAWRENCE ST. a/k/a 165 OCEAN AVE.
A hearing on this petition was held January 15jpW�w11hnjl�f�lowing Board
Members present: James Hacker, Chairman; Messrs. , arna8, TlzPPski and Associate
Members Bencal and LaBrecque. Notice of the tlXt*aring was sent to abutters and
others and notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General L9Ta>s"EiiSp. ;�4QgASb:
Petitioner requests Variances from density and rear setback requirements in order
to construct a duplex in this R-2 district. The property is owned by the 165
Ocean Avenue Trust.
The Variance which has 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 purose of the Ordinance.
The Board of Appeal, after hearing the evidence presente at the hearing, and
after viewing the plans, makes the following findings of fact:
1 . Substantial opposition was presented by neighbors;
2. The proposed structure is not in conformance with the other dwellings
in ,the area, it is too far from Lawrence St. ;
3. The rear setback is insufficient to give the residents of the
adjoing lot a reasonable degree of privacy;
4 . Petitioner failed to meet his obligation to prove hardship as the
building could be located in other area of the lot and/or the duplex
could be built on top rather than side by side.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial detriment
to the public good or without substantially derogating from the intent
of the district or the purpose of the Ordinance
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner.
DECISION ON THE PETITION OF ROBERT M. MAGUIRE, TRUSTEE OF THE 165 OCEAN
AVENUE TRUST FOR VARIANCES FOR 2 LAWRENCE ST. a/k/a 165 OCEAN AVE. , SALEM
psge two
Therefore, the Zoning Board of Appeal voted 4 to 1 , Mr. Bencal voting in favor,
against granting the relief requested.
VARIANCES DENIED_
l1lyW l
Scott E. Charnas, Secretary,
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
`.
•
APPEAL FRO'1 THIS DECISION, IF ANY. SHALL 9E MADE PURSUANT TO SECTION 17 OF THE PASS.
G Et ERAL LAVl,, CH*TER SOE, AND SHALL PE FILED WITHIN 20 DAYS AFTER THE DATE OF FIUNG
OF THIS DECISION IN THE OFTCE OF THE CITY CLERK!
r URSAM TO ZASS. CE'•'ERA'_ LA''.!S, CHAPTER £03. SECTION 11, THE VARIA.".CE OR SPECIF:I PER 41T
GAP:iEO HECE!ii, SHf.LL NOS TASE EFFECT UNTIL A CCP1OF THE PiECi$ION. DEAnIIG TfE CERT
(F�6TICda OF 'iHL Glii C'_ER8IEA. 2, DAPS i;A'dE ELAPSED A'.:D T1O APPEAL H.''.0 BEEN FILED, _
S-�:! AN APPEAL H§S "c EE i-,_E. THAT IT P BEEN DIS F ScD CR D"'+ EJ IS
RT, IF IN THE S„OTH ESSEX S BE ', OF CEEOS AND INDEXED U DEP THE IiF'IE OF THE OWN-0
CERTIFICATE OF TITLE.
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S -
BOARD OF APPEAL
#311d
- � 98, Nd to ii Ez her
b `M aitu of "Salem, Massachusetts
Puara of Appeal
DECISION ON THE PETITION OF ROBERT M. MAGUIRE, TR.
FOR A VARIANCE AT 2 LAWRENCE ST. a/k/a 165 OCEAN AVE. (R-1 )
A hearing on this petition was held on July 16, 1986 �{' t �nc , �c�}eQ thg�fp�7p ?5 Board
Members present: James B. Hacker, Chairman; Richard `�U` $ ry; Messrs. ,
Luzinski and Fleming: This hearing was held due to #LLf)fder received by the
Superior Court, Commonwealth of Massachusetts dated June,'11 , 1986.
CITY C..0=Y ''tI 'H.NASS
The petitioner requests a Variance from density and setback requirements in order
to construct a duplex unit in this R-2 zone.
The Variance which has 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and wihtout nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence and viewing presented at the
hearing, makes the following findings of fact:
1 . Opposition was voiced by the immediate abutter;
2. Petitioner failed to show sufficient hardship.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Petitioner has not met his burden of proof with regards to
legal hardship.
Therefore, the Zoning Board of Appeal voted 2-2, Mr. Hacker and Mr. Fleming voted
against granting, Mr. Bencal and Mr. Luzinski voted in favor of granting. Due to
the lack of four (4) affirmative votes, the petition is denied.
DENIED
Ychard A. Bencal, Secretary
CEPEA LA; THIS D I p+A � v j � � U A�O1� EIWNF�L DT ij^f THE PLANNING BOARD AND THE CITY CLERK
GEIi E'i:L LA',�5, CHAFR-&'u•8, AfiD SH6E FI! U
WITHIN 20 DAYS AFTER THE DATE OF FI LIaC
CF THIS DECISION IN THE OFF;CE OF THE CITY CLERK.
70 1'1l;,SS, FENERA.! L.. S. CH.APTEP, 82. SECTION 11, THE VAP.!ANCE-OR SPECIA.! PER'9T
ii:. SH:.LL N_i 1 . i EFFELIii NT!L P. COP `E'( OF THOE,!S!,:; EEAm^ ;.: TR: ',-ERT.
THE . CLER!': I r:: PP CA`,S HLVE E'_A.F'34D 'r.'riD ND APPEAL HAS DEED FLED.
.R `HIT. IF Sb[:3 A% APPE.1' _ L'_.i9 FIi.E. T','.,- I�i !I:,S CES Ol;;::iSSED CR OE:;:ED IS
IN T6` ..., 1H ES. . JS"D`. N Cn OF THE OC'NER
' .��.•R E� S-:R'l ;:F _ 1D h\^EY.ED L TH WA.`JE
OF RECcBO OR IS 8E„jRDED AI:D N.ii 0 Cil T,�E O',,NER'S LERTIFICAT E�OF TITLE.
fgitu of $alem, f ttssuchusetts
ud
-rte s axrD of � p
DECISION ON THE PETITION OF ROBERT MAGUIRE FOR VARIANCE
FOR 2 LAWRENCE ST. a/k/a 165 OCEAN AVE. , SALEM"" r
A hearing on this petition was held #Uye&er3 _W ?ye1�5 Sith the following Board
Members present: James Hacker, Chairman; Messrs. , Gauthier, Luzinski, Strout and
Associate Member Bencal, Acting Secr6h". Notice of the hearing was sent to
abutters and others and notices of the hearing ,wgrRegq�gperly published in the
Salem Evening News in accordance witll%'t a� use £s General Laws Chapter 40A.
Petitioner is requesting variance from all applicable density and setback
requirements in order to construct a duplex in this R-2 district.
The Board of Appeal voted unanimously 5-0 to hear this petition. There was
substantial- change from a petition heard September 11 , 1985 regarding the same
0
property.
The Zoning Board of Appeal, upon request of the petition, and after hearing the
evidence presented, voted unanimously 5-0 to allow the petitioner to Withdraw
Without Prejudice.
WITHDRAWN
Richard A. Bencal, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL M THIS DECISION, IF AMi. SHALL 6E MADE URSUANT TO SECTION 17 OF THE F� '_
C£RERAL LAWS. CHAPTER 803' At'D SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE 01- FIL�itc
OF THIS DEC;S= WTHE OFFICE OF THE CM CLERK.
PURSA.:T TD tl�SS- GENERAL U..45. CHAPTER 804. SECTION 11, THE VP.;t-ANCE OR SPTCIA, P£?�'.14T
6RAhTED HEREIN, SHALL NOi T.:CE EFFECT URtIL A COPY OF THE DfCi'WEA HAS AR V iHF. iE c,
FICATIOH OF THE CRY CLER THAT 20 DAPS HAVE ELAPSED SABEEN D DISMISSED OR DL DIED U,
OR THAT, IF SUCH AN APPEAL HAS 6EEN
FILE'DEEHAT DS
F
RECORDED
DIN THE BE-RUEESSEX D AND t J1TED ONFTHEEOWNER'S CERTIFICATE OF TITLE.
A�AE OF THE D1Y7+E.
BOARD OF APPEAL
MINUTES - JANUARY 15, 1986
page four
2 Lawrence St. a/k/a 165 Ocean Ave. - Robert Maguire
Petitioner is requesting Variances from any and all applicable density and
setback requirements in order to construct a duplex in this R-2 district. Mr.
Charnas read the application and a letter from the Fire Dept. , still opposed until
the issued of correct address has been resolved. Attorney Drucas represented the
petitioner. My client has no objection to the use of the Ocean Ave. address.
We have a unique situation here regarding the shape of the lot. The lot conforms
in that it has 5,000 sq. ft. and at least 50 feet of frontage. As far as density,
can only meet if it fronts on Ocean Ave. Cannot build anything on this land
without variance. The hardship is the configuration of the land. The lot also
was not held in common owner ship. We have side and front and height, need
density and rear setback variance. he displayed pictures of the neighborhood.
No one appeared in favor. Speaking in opposition: Stephen Lovely, representing
his father Warren Lovely, 4 Lawrence St. , at the last meeting, I told the
Counsellor I would be away and while I was away they set up meetings with my
father. My father will be the one most affected by this project. We are willing
to go along with this if the conditions are right. They should be concerned
with the other buildings in the area, all the lots are perpendicular. The reason
they are submitting it this way is because they two family in. It is obnoxious,
there is another way to build on this property, the only reason the entrances
are on Ocean. Ave. is to provide larger profit to the developer without thought
to the neighborhood. Some consideration should be given two the direct abutter.
This doesn't fit in with the neighborhood at all. In Rebuttal: Attorney Drucas,
Mr. Lovely talks about consistency in the neighborhood, the pictures I brought
clearly show there is no consistency in the neighborhood. If we do as Mr.
Lovely suggests, we would be building a wider building. Efforts were made to
;( meet with Warren Lovely, three letters were sent, he did not respond except once
in December when he said his son was not in the area, he said he did not want
to meet until his son was back. When we found out his son was back we sent
another letter and was contacted by his sister. We tried to meet with her and
could not reach her. Hearing closed. Mr. Hacker: did you try to contact any
of the other neighbors. Mr. Drucas: no. Mr. Luzinski: I am not sure I under-
stand Mr. Lovely's position. Mr. Lovely: There are no other houses like this
in the area, there is no back yard, all the others have a back yard, I would like
to see the, building built .so that it conforms with the rest of the neighborhood.
Put the house towards the front and have a back yard. Mr. Hacker: I think what
Mr. Lovely says has merit. I think at this point, where it does have a
Lawrence St. address, I would concur with Mr. Lovely. It is my feeling they
could change design, I am also concerned that the petitioner is trying to appease
one neighbor. Most of the neighborhood is 1 'i stories. Mr. Bencal: I think if
any of the other neighbors were opposed they would be here this evening. The
• question of neighborhood meetings is moot. Mr. Hacker: that is not the point,
we are going to have a lot of things come to us regarding corner lots, the
developers should stay in the confines of the neighborhood. Mr. Charnas made
a motion to grant the petition requested. Mr. Bencal seconded. The Board voted
4-1 against the motion, Mr. Bencal voted in favor.
PETITION DENIED
2 White St. - Robert Ouellette
Mr. Luzinski will not be sitting on this petition. Mr. Charnas read the
application and a letter from the Fire Dept. , in opposition. Attorney Vallis,
representing the petitioner requested a continuance because of the four man
-. Board. Mr. Charnas made a motion to continue until February 19th, Mr. Labrecque
seconded. UNANIMOUSLY CONTINUED.
Mr. Hacker explained to assemblage that this was continued, will be an open
meeting, will not be advertised.
.� ltAb
ESFECTFULLY PETITION! THE BOARD TO ADHERE TO IT' S PRIOR
DECISION REGARDING THE PROPOSED DEVELOPMENT, AT THE CORNER 0=
_AWRENCE STREET >"IND OCEAN AVENUE. WE HAVE ONLY TODAY BECOME
AWARE OF THE SUPERIOR COURT ORDER TO PLACE THE ISSUE AGAIN,
BEFORE THE BOARD FOR RECONSIDERATION. THEREFORE REGRETTABLY
WE ARE LINABLE TO ATTEND. HOWEVER WE WOULD LIKE TO REITERATE
OUR DESIRE. THAT !MILE ADMITTING THAT THE LOT IS
BUILDABLE. THAT THE BOARD TAKE APPROPRIATE ACTION TO ENSURE
THAT THE DEVELOPER NOT BE ALLOWED TO TRANSFER HIS HARDSHIP
FROM HIS SMALL PARCEL 'TO THE ENTIRE NEIGHBORHOOD. A.
STRUCTURE THAT WOULD BE COMPATIBLE. WITH REGARDS TO SETBACKS
AND BUILDING 'TO LOT SIZE RATIO WOULD BE A MOST WELCOME
ADDITIONTOTHE NEIGHBORHOOD.
�
�6� 7 a can
IMIT'itv oftt1em, C � s�zrh�zset
Aire Departnteut �Heabquarters
48 `�Gttfg0te �treet
ROBERT J. CROWLEY
A/Chief ialern, 4HU. 01970
Date: )Anuary R,_1QRf,
City of Salem RE: 165 Ocean Avenue
Board of Appeal a/k/a 2 Lawrence=zStreet
One Salem Green Robert Maguire
Salem, MA -01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire• Department requests the
following items to be placed on record:
As previously stated by this office on November 13, 1985, and we still object
to the granting of any Variances for this property until such time that some
clarification is made as to what street this property is to be built. At no
time will this Department accept two addresses for the same building.
f�spectfully, f
Norman P. LaPointe
Fire Inspector
' e
cc: Appellant
Building Inspector
File
Form #105
-
S� �
-
T
f
� 'j
iih it aru• er± e ar±ment
4 '
`^ZRzchaYd T AlcIiitosh
t z,bne `5alem`Green
at February'28,1984
t
Re: 165 Ocean Ave
n
d.
a/k/a Lot 175
Man 24, 5962 s
TO WHOM IT MAY CONCERN:
The above lot is determined to be a buildable lot, under the
provisions of Chapter 40A MCL (The Zoning Act) Section 6.
The lot has, been in existence since before 1965 and conformed
to the existing Zoning Ordinance,
Richard T. McIntosh
RTM mo's Zoning Enforcement Officer)
M
F �
_ _—. �-' . ��_ �-�__ __.___.i*�_,., �a��-z_ � c ..? _�- 3.•-+U+�...�_ -x a�...� _..._,.��. ate:-..<
BOARD o. ASS =SSORS
93 WASHINGTON STP ET. C Tl HAL' SALEM MASSACHUSETTS 01970 1.5'7) 7Aa0650
i
November 15, 1984
Mrs. Josephine R. Fusco
City Clerk
City of Salem
Salem, MA 01970
Dear Mrs. Fusco:
Please be advised that the parcel of land currently listed
as 4165 Ocean Avenue (Assessors' Parcel 24-0175) has had its
street address changed to #2 Lawrence Street, and that the
proposed dwelling to be erected on the parcel shall be known
as 42 Lawrence Street.
Very truly yours,
Peter M. Caron
Assessor
PMC:mjg
cc: Kenneth B. Cahill, Postmaster
Acting Chief Robert Crowley, Fire Department
Margaret R. Hagerty, Principal Clerk, Water Dept.
Richard T. McIntosh, Insp. of Bldgs.
Engineering Dept., City of Salem
Mr. Robert Maguire, 81 Fort Ave., Salem
Cii�zrs DIt �:�
ATTORNEY AT LAW
ONE CHURCH STREET
SAI-I'M. M.VsSACiii 01970
AREA CODE 617
745 0500
#84C-1167
November 16 , 1984
Mr. Richard MacIntosh
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970
RE : Application for Building Permit
at 2 Lawrence Street, formerly
165 Ocean Avenue
Dear Mr. Macintosh:
Please be advised that this office represents Robert M. Maguire ,
Trustee of the 165 Ocean Avenue Realty Trust the present owner of the
lot located at 2 Lawrence Street, formerly 165 Ocean Avenue in Salem.
As I advised you in our telephone conversation, my client purchased
the said parcel of land from Quentin Eaton and Mary Ann Eaton, the
heirs of Richard H. Perley. Mr. Perley who died in January of 1982
owned the said parcel of land from May 15 , 1923 until his death.
Thereafter the Eaton ' s by devise owned the property from January 22 ,
1982 until June 22 , 1984 when my client purchased said parcel. With
reference to the proposed application for building permit the question
has arisen as to ownership of the abutting lots since 1955 as the
parcel in question is non-conforming with reference to area.
I have enclosed For your information a photocopy of the plan of
the original subdivision recorded in Book 1001 at the end in the Essex
South District Registry of Deeds showing the lot as number 139 and the
abutting lots as 135 and 138 . Number 4 Lawrence Street which is lot
#138 on said plan has been owned by Warren F. and Louise C. Lovely,
Husband and Wife as Tenants by the Entirety, since August 19 , 1952 to
the present. Lot #135 on said plan known as 167 Ocean Avenue has
been owned by Charles and Gertrude Scialdone, Husband and Wife as
Tenants by the Entirety since May 9 , 1947.
It clearly shows that prior to any Zoning Ordinances in the City
of Salem, this parcel has been owned separately and distinctly from
any adjoining parcel and, therefore, may be built on under the
Zoning Ordinances that are applicable.
a `
i
R
9
Mr. Richard Macintosh j
Building Inspector =
November 16 , 1984
Page 2 j
i
If you have any questions or comments or need any further
information with reference to this , please do not hesitate to
contact me at your earliest possible convenience.
It is my understanding that once we verify this information .
as well as establish the address of the parcel as 2 Lawrence Street,
which I believe has already been accomplished, you would issue a
building permit to my client.
Very truly yours,
Chris Drucas
CD/kmm
cc: Robert M. Maguire
Enclosure
n Q c C C [�
BO/""il D OF ASC SESSO S
93 WASHINGTON STREET, CITY HALL. SALEM, MASSAC1-4USETTS 01970 (617) 744-0660
January 1S, 1985 Cil Y Or 1. :.Ei
Mr. Richard T. McIntosh
Inspector of Buildings
One Salem Green
Salem, MA 01970
Re: 2 Lawrence St. - 165 Ocean Ave.
Dear Mr. McIntosh:
Please be advised that my notification of address change on the pro-
perty in question, dated November 15, 1984, resulted from a conver-
sation with Mr. Robert Maguire, the proposed developer.
Mr. Maguire requested the address change on the basis that the main
entrance to the dwelling was to be located on Lawrence Street. As you
indicated in a telephone conversation with me on January 11, Mr. Maguire
has submitted plans for a duplex structure with entrances facing Ocean
Avenue.
This would defeat the public safety considerations on which the original
address change was based. If a building permit is issued using these
plans, I will insist that the original address change" be rescinded, and
that the two units be assigned the addresses of 163 and 165 Ocean Avenue.
Please notify.me of your action in'this matter.
very truly yours, `
Peter M.' Caron
:R Assessor,
X
PMC.mJg"
cc Kenneth B. 'Cahill, Postmaster
Arting. Chief Robert Gsowley, Tirebe
Margaret R, Hagerty Principal C1`erk, Water Dept: y
Josephine R. -Fusco, City Clerk;
Engineerir'g Dept.:, City:of Sa"lem`;`
Mro Robert;,Maguire, 81 Fora Ave., ;Salem a'.
`S�,co�prrlgo
t ,
MICHAEL E. O'BRIEN MARY P. HARRINGTON
CITY SOLICITOR 'Jp<p�NlP'L�'�Y , NSI$TANTrCITY SOLICITOR
K WASHINGTON STREET - I:�� Ic
3VpA'SHINGiON STREET
and 187 FEDERAL STREET CITY OF SALEM _ 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS C I T y p- „_.-SALEt43dA 01970
7454311 744.0350
744-3363
Pieam Reply to 187 Federal Street Please Reply to 59 Federal Street _
June 4 , 1985
William H. Munroe, Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Mr. Munroe:
You have requested my opinion whether or not the minimum
residential lot width requirements of Section VI of the Zoning
Ordinance can be satisfied by considering the total frontage
of a corner lot of land which abuts two separate streets. In my
opinion, the minimum lot width requirements cannot be so satis-
fied unless there is a minimum of 100 feet lot width on one of
the streets.
It would appear to me that the plain meaning of the words
"minimum lot width" as used in the Zoning Ordinance means the
distance measured along the street line from one side line of a
lot to the other side line. In .fact, Web.ster' s Dictionary defines
"width" as "the measurement taken at right angles to the length" .
In the case of a "corner lot" to give an interpretation which
would allow the frontage on two (2) separate streets to be used
to satisfy lot width requirements would, in my opinion, be stretch
ing the ordinance beyond its intended purpose and the plain mean-
-
ing •of its language. Such an interpretation would allow lot depth
to be considered in determining width. It should also be pointed
out that many local zoning ordinances use the term lot frontage.
Ibelieve it is significant in the instant case that the Salem
Zoning Ordinance uses the term "lot width" in its language.
However, if the owner of the property in question can present
me with. a judicial determination to the contrary, I will be pleased
to review the same.
LA er truly'yo ,
Ln
ic hael E. O' Brien
City Solicitor
No
MBi7/jP Y
cc CitZ Clerk
EncT.Osure
Iz� �� 11 `
✓{�I , ',_�� ��ttblii �rn�extg �Ep�rtrnPnt
'P1ltl frig Pqartnunt
William H. Munroe
One Salem Green
745-0213
July 12, 1985
Mr. Robert Maguire
81 Fort Avenue
Salem, MA 01970
RE: 2 Lawrence St./165 Ocean Ave.
Dear Mr. Maguire:
Please be advised that your application for a Building Permit
to erect a two (2) family dwelling at 2 Lawrence St./165 Ocean Ave.
must be denied due to the fact that the plot plan submitted for the
proposed building does not satisfy the setback requirements of Section
VI, Table I, entitled residential density regulations of the City of
Salem Zoning Ordinance.
Please be advised of your right to request relief from the
Zoning Ordinance through the City of Salem Zoning Board of Appeal
Sincerely,
William H. Munroe
Inspector of Buildings
Zoning Enforcement Officer
WHM:bms
CC: City Clerk
City Solicitor
BOARD ASSESSORS
93 WASHINGTON S^.EET. CITY HALL, SALEM, MASSACHUSETTS 01970 1617) 744-0660
August 13, 1985
Mr. James Hacker, Chairman
Board of Appeals
une Salem Green
Salem, MA 01970
Re: 2 Lawrence St. (165 Ocean Avenue)
(Assessors' Parcel #24-0175)
Dear Mr. Hacker:
The official address of the parcel referred to above is cur-
rently 2 Lawrence Street. The address was changed from 165
Ocean Avenue at the request of Mr. Robert Maguire on November
15, 1984. This change was made on the understanding that any
structure erected on the parcel would have its principal means
of egress facing Lawrence Street.
As indicated on the attached letter of January 18, 1985, to
the Building Inspector, if the means of agress were to face
Ocean Avenue, then the structure's address should revert back
to an Ocean Avenue designation for public safety considerations.
The Board of Assessors therefore respectfully requests that
the Board of Appeals stipulate that the applicant clear up
she 8u'dreb3 iaatiE with laic AaSEJaVIa' Office a5 s condition
of any variance that may be granted for this parcel.
Very truly yourq,,
Peter M. Caron
Assessor
PMC:mjg
Enclosures
cc: Mr. William Munroe, Bldg. Inspector
�Mr. Robert Maguire, 81 Fort Ave. , Salem
"'itu Of c� S22C1IS. 1S
'�� �>( I , �ulYlit �ro�YPrfg �P}IttrfYttPnf
�YYtI�IYYt$ �P;JtIrfY:tPYtf
William H. Munroe
One Salem Green
745-0213
July 12, 1985
Mr. Robert Maguire
81 Fort Avenue
Salem, MA 01970
RE: 2 Lawrence St./165 Ocean Ave.
Dear Mr. Maguire:
Please be advised that your application for a Building Permit
to erect a two (2) family dwelling at 2 Lawrence St./165 Ocean Ave.
must be denied due to the fact that the plot plan submitted for the
proposed building does not satisfy the setback requirements of Section
VI, Table I, entitled residential density regulations of the City of
Salem Zoning Ordinance.
Please be advised of your right to request relief from the
Zoning Ordinance through the City of Salem Zoning Board of Appeal
Sincerely,
• ss
William H. Munroe
Inspector of Buildings
Zoning Enforcement Officer
WHM:bms
CC: City Clerk
City Solicitor
�, .Cp�JI Zl1li /� �7
BOARD OF ASSESSORS
z 93 WASHINGTON STREET, CITY HALL. SALEM, MA§SACHUSETTS 01970 (617) 744-0(>60
,rte L,�44 i°!�
January 1B, 1985 - CI Y Q.-
Mr.
Mr. Richard T. McIntosh
Inspector of Buildings
One Salem Green
Salem, MA 01970
Re: Z Lawrence St. - 165 Ocean Ave.
Dear Mr. McIntosh:
Please be advised that my notification of address change on the pro-
perty in question, dated November 15, 1984, resulted from a conver-
sation with Mr. Robert Maguire, the proposed developer.
Mr. Maguire requested the address change on the basis that the main
entrance to the dwelling was to be located on Lawrence Street. As you
indicated in a telephone conversation with me on January 11, Mr. Maguire
has submitted plans for a duplex structure with entrances facing Ocean
Avenue.
This would defeat the public safety considerations on which the original
address change was based. If a building permit is issued using these
plans, I will insist that the original address change" be rescinded, and
that the two units be assigned the addresses of 163 and 165 Ocean Avenue.
Please notify me of your action in this matter.
Very truly yours,
Peter M. Caron,
Assessor
PMC.mjg
cc: a Kenneth B. Cahi11q Postmaster
Acting Chief Robert;Crowley;' Fire,.Department -~
Margaret_R. Hagerty, Principal Clerk, Water Dept,
Joseppine:R. Fusco, City ,Clerk
`Engineering Dept.,' City of Salem A
' Mrt Robert Maguire,'`81 Fort+'Ave. , .Salem
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