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2 LAWRENCE STREET - MAGUIRE, ROBERT - ZBA (3) 2 Lawrence St. R-2 a/k/a 165 Ocean Ave. _ _. Robert Maguire, Tr. Ocean Ave. Realty Trust \ �9 i� II �_.� 1i LI/nrV Vi nf�=_�LS It i C011•101?:1BALTH 0'r' IIASSAC?IIJS?TTS Department Of TA.e °'rial Court i' J n 4 i ssex, ss. ��� i I7 �� 7.5 F14 `F� superior Court . , i F;Ey^ Yc3v r?o. 86- 02 I it CITY OF �+ i I! _ jj Robert M. P4eguire,jPtQ� 51 FM 186 I� I FILE$ i � VS. CITI' CLff'.E ;�iEM.HASS. ;! James Hacker, et als OP,DER i This cause came on for hearing before the Court, Delvecchio,!. 'i J. presiding, upon the Plaintiffs motion for summary Judgment, i` j and after hearing, It is ordered: that the matter be remanded to the Board of Appeals of the ,I City of Salem for reconsideration at its next meeting, i� i ![ AA Attest • Assistant Clet r v/ j, Entered; June 11, 1986. li ii I i; jl li CO':L-1017WEALTH 01r' '!ASSAC!MSETTS i'• Department Of T.,-.e ^vial Court ii ;I Essex, ss, JAI{ 17 12 25 F!i 'P'S Superior Court F;ECEi'!ED li'. n CITY OF S-L EI;.!%ASS. 1'o, 86-402 i li !I I� Robert M. Ma.guire,j #t(2� 51 PM ,06 l+ FILE i I, vs. �-; _ ', CITI' LL:�f 54iEk.MASS. i 'i James Hacker, et als 'I f I if ORDER This cause came on for hearing before the Court, Delvecchio, "i J. presiding, upon the Plaintiff' s motion for summary Judgment, i` I and after hearing, It is ordered: . �i that the matter be remanded to the Board of Appeals of the it ,_. . City of Salem for reconsideration at its next j meeting, i� j ii Attest : �� � � ! Assistant e entered; June 11, 1986, !I f i ' I Ij i i �.Lnvnq A Tito of '�$ttlrm, C assar4usetts Z.z Poarb of VA }. a: �LL.TI'.l�TT DECISION ON THE PETITION OF ROBERT MAGUIRE FOR AN ADMINISTRATIVE RULING REGARDING THE DENIAL OF A BUILDING PERMIT FOR 2 LAWRENCE.ST. a/k/a 165 OCEANVE. eEF 15 3 oo P . A hearing on this petition was held September 11 , 1985 with the followin Board Members present: James Hacker, Chairman; Messrs. , CharM#Strout and Associate Member Bencal. Notice of the hearing was sent to abutts and others and notices of the hearing were properly published in the eYRk4Ms-1kf*.dtkStance with Massachusetts General Laws Chapter 40A. Petitioner appeals from an administrative ruling of the Building Inspector denying it a building permit in regard to the subject premises. The premises is owned by the 165 Ocean Avenue Realty Trust and is in an R-2 district. The ground for denial of the permit was that the plot plan submitted for `_he proposed building does not satisfy the setback requirements of Section VI, Table ', entitled Residential Density Regulaitons, of the City of Salem Zoning Ordinance. Petitioner contends that the setback requirements do not apply to the subject premises because because it is a nonconforming lot within the meaning of Section VIII B (T ) of the Ordinance. This Board, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . The proposed building does not meet setback requirements of Section VI, Table I; 2. The lot does not have at least 50 feet of frontage as required by Section VIII B (1 ) in order to be exempt from setback requirements. The Board of Appeal, based on the above findings and on the evidence presentgd at the hearing, concludes that the Building Inspector acted properly and pursuant to the applicable provisions of the Zoning Ordinance in denying petiitoner a Building Permit. Therefore, the Zoning Board of Appeal voted unanimously 4-0 to deny the appeal. Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRY'.`. THu D_USIJ.i. I. AV,. SHALL BE WADE PURSUANT TO SECTION 17 OF THE h:A$S. CENERAL LA:1S, CHAP-"R S.78, AND SHALL BE NLEO WTHiN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION! IN THE OFFICE GF THE CITY CLERK. PU.'.SA'T TO !.ASIS. GE:-RA'- U%1;'3. CW.FTER SOS, SECTION 11. THE VARIANCE OR SPECIAL PERIMIT E riAiiTEr HERE:N, SHALL NIT TAKE EFFECT UNTIL A COPY OF THECEC!SiO:;, BEARING THE CERT- FIC1'.Tl,N OF THE CITY CLER. THAT 20 GAYS HAJE EUPSED A;;D NO A°PEAL HAS BEai FILED. LR TH:.T. IF SUCH ANAPPEAL HAS SESN FILE, THIS IT HAS j;-,-ENCIS'.:ISSED CR DENIED IS REC PccD IID THE SOUTH ESSEX REOISTRf OF DEEDS AND INDEXED UN=ER THE NA:dE OF THE OWNER, OF RECC•RO OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL �owiu / BOARD OF ASSESSORS 93 WASHINGTON STREET,CITY HALL..SALEM, MASSACHUSETTS 01970 (617) 744-0660 3 August 98 1 , 1 5 Mr. James Hacker, Chairman Board of Appeals One Salem Green Salem, MA 01970 Re: 2 Lawrence St. (165 Ocean Avenue) (Assessors' Parcel X24-0175) 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 159 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 egress 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 the address issue with the Assessors' Office as a condition of any variance that may be granted for this parcel. Very truly your , Peter M. Caron Assessor PMC:mjg Enclosures cc: Mr. William Munroe, Bldg. Inspector Mr. Robert Maguire, 81 Fort Ave., Salem Public PrIIpPxtg PPparfinent William H. Munroe j One Salem Green j 745-0213 1 July 12, 1985 Mr. Robert Maguire 81 Fort Avenue Salem, MA 01970 RE: 2 Lawrence St./165 Ocean Ave. Dear Mr. Maguire: n 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 7. 2 MICHAEL E. O'BRIENS MARY P. HARRINGTON CITY SOLICITOR +zoof'5~ - SI$TANTICITY SOLICITOR 9:;WASHINGTON STREETSHINGiON STREET c 31�A' ET and and 187 FEDERAL STREET CITY OF SALEM i. `59 FEDERAL STREET SALEM, MA 01970 MASSACHUSETTS C 1 `,' `_ -, 8AL"Et4,`UA 01970 7454311 744-0350 7443363 Please Reply to 187 Federal Street Please Reply to 59 Federal Street June 4 , 19.85 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. t 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. er t/r�J(ulyy0Fri ichael E, On City Solicitor �o MBO"/j P Y cc�CitZ Clerk Ensure cA•wq BOARD OF ASSESSORS v 93 WASHINGTON STREET. CITY HALL, SAL EM, MASSACHUSETTS 01970 (617) 744-0660 f x January 18, 1985 � I 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 Assessor PMC:mjg cc: Kenneth B. Cahill, Postmaster Acting Chief Robert Crowley, Fire Department Margaret R. Hagerty, Principal Clerk, Water Dept. Josephine R. Fusco, City Clerk Engineering Dept. , City of Salem Mr. Robert Maguire, 81 Fort Ave. , Salem r � / soon lool. This orig \ row yo Cyb A41�a Al ° 3 / \h y G :� AX y 11' ^ / 4 p� h 'so , O ro qp n \y /So•9 y0 Lg p O � A9S p o s °j z / dka s 1y - �� 6f n` 22�nTz49 � �S �L lISE I it Y y , , �� "���,E,� , ��ul�lit �Jrcitzrf� �e�iurtttteut j \; s �luilbing epttrfrunut ' �Rzeha d T 11cIntosh 1 bbneti5alem,Green 345 0223 February" 28,1984 Re: 165 Ocean Aven a/k/a Lot 175 Map 24, 5962 s j. TO WHOM IT MAY CONCERN: The above lot is determined to be a buildable lot, under the provisions of Chapter 40x1 MGL ('The Zoning Act) Section 6, w The lot has, been in existence since before 1965 and conformed to the. existing Zoning Ordinance, e / Richard T. McIntosh aRTM:mo's,., Zoning Enforcement Officer v - i BOARD of ASSESSORS T if 93 WASHINGTON STREET. CITY HALL. SALEM. MASSACHUSETTS 01970 (617) 744-0660 November 15, 1984 i 1 s 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 $165 Ocean Avenue (Assessors' Parcel 24-0175) has had its street address changed to 42 Lawrence Street, and that the proposed dwelling to be erected on the parcel shall be known as #2 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 1 I Q 1� , 7 7. 3a All (� ! �, t,< % I A7.E 6t!' b PROPOSED ' PROPOSED LOT f4RE,- j ti UN/T I 1 UNIT 2 i O 1 A ��,, (, V � � J t' — fi::! T E — 43so 1 e` �a 9bo ::� + .II i. 68' 1 Lu ob JI t OCE.Aly AVENUE S / TE PLAN 5CA'l.E l'=20' l s � F' XX 9 t S r. oPf PROPOSED DUPLEX 2 LAWE'ENCE STREET— SALEM, MASS. _ OCEAN REALTY 4 ;'NVESTMENT TRUST ,CSsea ✓U;^vim/ 5r'yvlcP �r'V I�o /�; �are.fr' ROBERT M M4GWRE" �j;ibFy I PLANNER e DEVELOPER GENERAL CONTRACTOR F�cN 21 FORT AVENUE — 5A L "A5 S. KJBERT uses, F!, ! z R. L. MA/LHDlT As50C. 1 I ENG/N5 EER 57 SYLVAN ITREET / � :ON57RLICTION MANAGERS DWNVERS. MASS. 777-3631 SITE PLAN SHEET 1 OF /3 tsa � lo7zo 1-A 11 I _ - B=6 I I C0.4/C. FTG. -t-� ( I � �O�C'RETE I zo,o. FOOT/NGS /6"x /2" CONT. ----� - - -- --- 66'- 8 I � I -- - - - - •, i `-. ll, E - 34-0 - -- - -- - - - - ----- -- - - -- - - - - 34 0 - - - - - ---- I Fou ND,dT/ON PLAN 5CALE: y,=/ ., PROPOSED DUPLEX 2 LAWRENCE 57REET- SALEA4,MA55. FAN RE-Al- Y E INVESTMENT TRUST - k'OBEFT M. MQGUIRE Y aaaea>i: ., P114.ti/NF2 B DEVELOPER 6ENE"?4L CONTRACTOR 2/ FORT AVENUE-SALEM, A4ASS. L. 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