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38 SHORE AVENUE - BUILDING INSPECTION ��ILL'1!1G EGP1 PAUL M. LYNCH LAW OFFICES 0 QQ ZI1R0 SPRING STREET CT 28 1132 All ,' JILEHEAU. MASSACHUSETTS 01945 P. i L OCTl 0/ y PAUL At.LYNCH RECEIVES Ty"�`^N �,� 6a ltllT tl:149bUtl FRANCES E.HAFF0jj1y 0 SMLEM,MASS. F.\X 16171631-2N70 October 27 , 1988 City Clerk City of Salem 93 Washington Street Salem, MA 01970 Re: Appeal of Building Inspector ' s Revocation of Permit #494-88 Dear City Clerk: Enclosed find Notice of Appeal relative to the Building Inspector ' s Revocation of Permit #494-88 in connection with property at 38 Shore Avenue, Salem, Massachusetts, filed by Michael D. Janvrin and Judith A.M. Janvrin. Very truly yours , PAU M PML:LC Enclosure A TRUE COPY ATTEST: &SI;ine . Fusco Clerk October 28, 1988 City of Salem Zoning Board of Appeal NOTICE OF APPEAL We, being the owners of the land known as 38 Shore Avenue, Salem, Massachusetts , pursuant to Massachusetts General Laws Chapter 40A, Sections 8 and 14 , being aggrieved by the action of the Building Inspector by a decision dated September 30 , 1988 , wherein the Building Inspector declared invalid Building Permit #494-88 , with regard to the construc- tion of a garage at 38 Shore Avenue, Salem, Massachusetts , (a copy of said letter is attached hereto as Exhibit "A" ) do hereby appeal said decision of the Building Inspector specifically: The construction of the garage at 38 Shore Avenue, Salem, Massachusetts , does not violate Section VII . , H. , 1 . of the City of Salem Zoning Ordinances . We allege the Building Permit #494-88 to have been properly issued and request the Board of Appeals to: 1 . Reinstate Building Permit #494-88 . Petitioners, Michael D. Janvrin and Judith A.M. Janvrin By their Attorney; PAL LY Zero Spri treet Marblehead, MA 01945 ( 617 ) 631-7808 Dated: October 27 , 1988 "EXHIBIT A" CO) Citp of 9parem, Aaggacbmatt�Public Propertp 32epartment 33uilbing Alepartment ent Ba(rlrt ortta 748-9895 text. 380 William H. Munroe Director of Public Property Inspector of Buildings September 30, 1988 Zoning Enforcement Officer Mr. Joel Schwalbe 10 White Street Salem, MA 01970 RE: Ruild.ing Permit. #1194-88 Dear Mr. Schwalbe: In respnnse to a Complaint filed by Attorney Robert Peck, Jr. on behalf of 36 Shore Ave. regarding the location of the proposed garage to be coru:tructed under permit #494-88, i, have again reviewed location with the City Solicitor. As you are aware, due to the uniqueness of this property (i.e. , accessible only by a right of way) , both this office and Mr. O'Brien have had a dirricult time determining the setback requirements relating to front, rear and side of property. Following Attorney Peck's complaint, both the city Solicitor and onithesited the site and we are .in agreement that to locate the garage ub- mitted site plan would be in violation of Section VII, H 1 of the City of Salem Zoning Ordiance which prohibits a garage being located in a front yard. In view of the above, I must udvise you that I am, this day, September 30, 1988, declaring Permit 4494-88 invalid and am refunding .your permit fee in the amount of thirty rive. ($35.00) • Attorney fleck has advised me that Mr. Morency is more than willing to meet with you to arrive ata location for your garage that he can :support, should you choose to request relief from the Zoning Board of Appeal for a new location for ::aid garage. Mr. Peck's Law Office Is located at 265 Essex St. , Salem, should you wan(. to contact him. Sincerely, William 1j. Munroe Inspector of Fluildings .Zoning Enforcement Officer WHM:bms Enclosure: check cc: City Solictior Robert F. Peck, Esq. MJchael h Judi Janvrin Certified 4P-607 167 304 ��� � Citp of 6atem, Aaggacbm5ettg 111-NIC ,- J Public PropertyDepartment �'���m„g�N`� �3uilbing Department One *alem green 715-0395 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings September 30, 1988 Zoning Enforcement Officer Mr. Joel Schwalbe 10 White Street Salem, MA 01970 RE: Building Permit #494-88 Dear Mr. Schwalbe: In response to a complaint filed by Attorney Robert Peck, Jr. on behalf of 36 Shore Ave. regarding the location of the proposed garage to be constructed under permit #494-88, I have again reviewed location with the City Solicitor. As you are aware, due to the uniqueness of this property ( i.e. , accessible only by a right of way) , both this office and Mr. O'Brien have had a difficult time determining the setback requirements relating to front, rear and side of property. Following Attorney Peck's complaint, both the City Solicitor and I visited the site and we are in agreement that to locate the garage as shown on the sub- mitted site plan would be in violation of Section VII, H 1 of the City of Salem Zoning Ordiance which prohibits a garage being located in a front yard. In view of the above, I must advise you that I am, this day, September 30, 1988, declaring Permit #494-88 invalid and am refunding your permit fee in the amount of thirty five ($35.00) . Attorney Peck has advised me that Mr. Morency is more than willing to meet with you to arrive at a location for your garage that he can support, should you choose to request relief from the Zoning Board of Appeal for a new location for said garage. Mr. Peck's Law Office is located at 265 Essex St. , Salem, should you want to contact him. Sincerely, co � William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms Enclosure: check CC. City Solictior Robert F. Peck, Esq. Michael & Judi Janvrin i S FOR DEPARTMENT DATE SEP/30/83 022741 Uit'13) 3D. INVOICE AMOUNT DISCOUNT NET PAID ammr4m•ru REFUND 35.00 .00 35 .00 a _�.cnni,l+o 211 NOTICE - DO NOT FOLD, STAPLE SPINDLE OR MUTILATE TOTAL CHECK IN ANY MANNER PAYMENT ********35 .00 ft dl P-607 167 304 1 ' RECEIPT FOR CERTIFIED MAIL If.S..PAUL[COVEPAGE PROVIDED � � 3 {� - •p113 (" ':OI FOP N,EPNATIONAL MAIL p 4Y" }'.' 3.t S� W ;See Reverse) rg�. a' ,y+'�z m cc w 1,191 to M f �8 FX e O v m !reel an �10 c 9 a ft L.� �. • � �`+ a P O��`+"t�ate ann ZIP Code C 3 r2C- 'r. .,;age �/ > kl: 1 �N �•O �,:� Q come'ed Fee m m Special Delivery Fee Y Restricted Drl'very Fee o*- r F CC O O to whom and Dale Delivered m Relern Rece pt 5npwing to whom, Date.and Address of Delwery N Two +; # : TOTAL Postage and Fees >9 k • .M", Postmark or Date �o .B Yj�m Pd✓2Uu72 £ 'I ' k I r- n gra Clu of �55Iem, &varb of �yp=af '82 MAY -4 P2 :3C� CITY CL ERn'S OFFICE SQA _t,I t•� �,., DECISION ON THE PETITION OF DORILLA MORENCY REQUESTING VARIANCES FOR 38 SHORE AVE. A hearing on this Petition was held on April 28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Piemonte, Hacker, Feeherry, and Associate Member Luzinski. Notices of the hearing were 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 has requested variances for the property identified as 38 Shore Ave. which now consists of two non-conforming lots designated as Lots A and B on a plan submitted to the Board. Variances are required because a prior division of the property caused both of the current lots to be Z. requested va-riances, if granted, will conform the lots to current zoning standards. The Board of Appeal, after conu;Lderation of the evidence presented at the public hearing and after viewing the property makes the following findings of: fact: 1) The property in question currently is divided into two lots. A two-family house is on Lot. A; a sLngle-family house is on Lot B. Both Houses have been at the site for over fifty years. a prior d_-_S_o- o= t..e property, by deed, into two lots, reit'--r lot now ccio Z to current zoring. 3) Petitioner's request involves no change of use nor any other changes at the property. Petitioner seeks only to establish that each lot is a legally proper one under current zoning. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is .unique because of its peculiar frontage problems and other access problems and because of the fact that the structures on the site were there for many years prior to any zoning statute. 2) The conditions described above especially affect the land in question but do not generally affect the zoning district in which the property is located. t PECE.I`" DECISION ON THE PETITION OF DORILLA MORENCY '62 ryAY -4 P2 ,30 REQUESTING VARIANCES FOR 38 SHORE AVE. Page 2 CITY CSE"''.' OFFICE S.ALF i'i 3) The conditions described above which affect the land in question, but not the zoning district generally cause the following special hardship: unless the requested variances are given, it will be virtually impossible to sell either lot. 4) the desired variance may be granted without substantial detriment to the public good because the requested variances, if granted, will change nothing on the site. Therefore, the Board of Zoning Appeal unanimously voted in favor of granting the requested relief. The Board grants a variance to the Petitioner on the following terms and conditions: 1) Variances from frontage, front yard, side yard, rear yard, lot area and density requirements and any other variance necessary to cause the two lots at the site tt conform to current zoning are hereby granted. ^ l 6�Ilk AnthonyM. Feeerny, Secretary APPEAL ,r,^'.' MIS 0':131^X. I.. 4'I'L S'.! !L F- ,:E PURS'iIU:T TO 'HTi-t: 17 OF DIE MASS. U!''.i'!_., ... I-1:o C.i:.'._ .:-:a .. .CI'3 .i. GATc G= FILIflG OF li:::: ...... C: il!. CJi:'... OF f, %!?u .... !S ....:.?u O a( . u.tZZ G:: .... G.;:IERS GOARO OF P.PML r COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK. i Citp of Amman, �Hagncbugettg Public Prnpertn Department Nuilbing Department .One *alem green 743-9595 ext. 380 William H. Munroe Director of Public Propertv Inspector of Buildings Zoning Enforcement Officer September I '_, ! 988 :'.obert F. Peck Jr. , Esq. ._-35 Sssex Street .'a1em, iIA 01970 ''c: ;8 Shore Avenue Dear Mr. Peck: This will acknowledge receipt of your letter dated September 2, 1988 regarding a possible violation of the City of Salem Zoning ordinance as it reiates to a building permit issued to the owners of property located at iiore :,venue. ave .rain - cvL�9we.(I ,he application !'sr _rmit ::ith our City :solicitor, :1ici:aei : 'Brien :_ne it is the opinion of both Hr. O'Brien and myself that the ;permit i:, properly issued. Please be acvised of ;.your right to aooeal this decision to the Zoning hoard of Appeal. Sincerely, William H. ;Iunrce Inspector of Buildings WHM:bms CC: City Solicitor PECK &a BEATON ATTORNEYS AT LAW 265 ESSEX STREET 88P-2071 SALEM NIASSACHUSETTS01970 16171744-8180 p ROBERT F. PECK,JR. September 2 , 1988 BRENDA A. BEATON William H . Munroe, Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 38 Shore Avenue, Salem, MA Dear Mr . Munroe : Please be advised that this office represents Robert B. Morency of 36 Shore Avenue, Salem, Massachusetts , abutting landowner to the property located at 38 Shore Avenue, Salem, Massachusetts . In accordance with Chapter 40A of the Massa- chusetts General Laws and relevant sections of the City of Salem Zoning Ordinance, demand is hereby made that you enforce the Zoning Ordinance for the City of Salem by revoking forthwith the building permit previously issued by your department to the owners of 38 Shore Avenue for purposes of constructing a two-car garage on the site thereof . I am in receipt of a letter opinion from Michal E. O ' Brien , City Solicitor, dated April 28 , 1988 wherein he offers the opinion to you that the front yard of 38 Shore Avenue is the area within the westerly boundary line of the lot . Attached hereto as Exhibit A is a copy of said correspondence . I am in receipt of a request for a Determination of Applic- ability, Massachusetts Wetlands Protection Act previously submitted to the City of Salem relative to 38 Shore Avenue . Attached to said Request is a copy of ' Proposed Construction Plot Plan ' prepared by Carter and Towers Engineering Corp . , which indicates thereon the approximate location of the proposed garage. Attached hereto as Exhibit B is a copy of said Plot Plan . Without waiving any other potential objections to the Issuance of the building permit as aforesaid or the proposed construction of a two-car garage at 38 Shore Avenue , Salem, Massachusetts , it is our contention that the proposed garage is to be located within the front yard of 38 Shore Avenue, in direct violation of Section VII(H) ( 1 ) of the City of Salem Zoning Ordinance which provides in pertinent part "Accessory buildings and structures , such as garages , . . . shall be subject to the following regulations : 1 . No accessory building or structure shall be located within any required front yard or within any side yard of a corner lot . . . . " Additionally, it appears that the proposed location of the garage may violate Sections VII(H) ( 2 ) , ( 3 ) of the Zoning Ordinance . However, the attempt to locate this garage within the required front yard is a clear violation of the Zoning Ordinance. In accordance with the provisions of Chapter 40A of the Massachusetts General Laws and the relevant Sections of the City of Salem Zoning Ordinance , we expect that you shall provide this office with timely notice of your decision with respect to this demand . I am causing the original of this notice to be served upon you by constable . I am causing a copy of this letter to be served upon the owners of 38 Shore Avenue, and I am forwarding a copy of this demand to the City Solicitor. Thank you for your anticipated compliance with this demand . Very truly yours , ROBERT PECK, JR. RFP/mad CC : Robert P. Morency Michael & Judi Janvrin , also known as ConCon Limited Partnership Michael E. O ' Brien , City Solicitor KEVIN T. DALY = •{ �. 1°♦ J� �I LEONARD F. FEMINO J � ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR m� � 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM. MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 93 WASHINGTON STREET 745.4311 745-0500 AND 921-1990 PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28 , 1988 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re : 38 Shore Avenue, Salem Dear Mr. Munroe: By letter dated March 30 , 1988 you have requested my Opinion as to what would be considered the "front yard" of the above land locked parcel of land. Applying definitions contained in 31 , 34 , 47 and 48 of Section II of the Zoning Ordinance, it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. very'1truly yours , _ Michael E. O ' Brien City Solicitor MEO/jp EXHIBIT A ARTER S TOWERS ENGINEERING CORP. .7Guuree, 7�acuzeeLanc�� Joseph D.Carter Prolessional Engineer , 6 FAIRVIEW AVENUE Registered Land Surveyor j- SWAMPSCOTT, MASS. 01907 Tel. 592-8386 0 1 j PROPOSED CONSTRUCTION PLOT PLAN 38 SHORE AVENUE SALEM, MASS . y p PREPARED FOR: JOEL SCHWALBE i �- I SCALE: 1 " = 30 ' N 0 JUNE 17, 1988 41 LOT B N . jY 83/2 -3rN Vi :01 I �N ' W U �{� EXrSTiNL n o + a 38 4 J N c, r` Yz r02 C J VI �j 7ropose0 IL N _-: ---- .10 (dNLL ZZ Y ZZ/ � J 6s'�✓avo u No J+ " I n �EnsE�r<rr,' P`�HOF� 32 TER , ISMS 0 "IVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING EXHIBIT B B�31LU.t#� '�1� 7 PAUL M. LYNCH LAW OFFICES n ^µ ZERO SPRING STREET OCT 28 io 32 Aw %RHLEHEAD, MASSACHUSETTS 01945 /1 2 6VN FRANCES E. E FFGJ'�lY CF SALE MASS. C�� � FAX:B 1-7:.631 2876 October 27 , 1988 � J City Clerk City of Salem 93 Washington Street Salem, MA 01970 Re: Appeal of Building Inspector ' s Revocation of Permit #494-88 Dear City Clerk: Enclosed find Notice of Appeal relative to the Building Inspector ' s Revocation of Permit #494-88 in connection with property at 38 Shore Avenue, Salem, Massachusetts, filed by Michael D. Janvrin and Judith A.M. Janvrin. Very truly yours, • PWM PML:LC Enclosure A TRUE COPY �J ATTEST: J s hine Fusco y Clerk October 28, 1988 City of Salem Zoning Board of Appeal NOTICE OF APPEAL We, being the owners of the land known as 38 Shore Avenue, Salem, Massachusetts, pursuant to Massachusetts General Laws Chapter 40A, Sections 8 and 14 , being aggrieved by the action of the Building Inspector by a decision dated September 30 , 1988, wherein the Building Inspector declared invalid Building Permit #494-88 , with regard to the construc- tion of a garage at 38 Shore Avenue, Salem, Massachusetts , (a copy of said letter is attached hereto as Exhibit "A" ) do hereby appeal said decision of the Building Inspector specifically: The construction of the garage at 38 Shore Avenue, Salem, Massachusetts, does not violate Section VII . , H. , 1 . of the City of Salem Zoning Ordinances . We allege the Building Permit #494-88 to have been properly issued and request the Board of Appeals to: 1 . Reinstate Building Permit #494-88 . Petitioners, Michael D. Janvrin and Judith A.M. . Janvrin By their Attorney; PA L_ . Ly Zero Sritreet Marblehead, MA 01945 ( 617 ) 631-7808 Dated: October 27 , 1988 % "EXHIBIT A" citp of Aa[em, Aaaacbm etto C(P) 13ublic propertp 3Bepartment 380bing lDepartment . One BAlrin 46rren 745-9595 41xt. 380 William H. Munroe Director of Public Property September 30, t 9Eie Inspector of Buildings Zoning Enforcement Officer Mr. Joel Schwalbe 10 White Street Salem, MA 01970 RE: Building Permiit. #494-88 Dear Mr. Schwalbe: In response to a complaint filed by Attorney Robert Peck, Jr. cin behalf of 36 Shore Ave. regarding the location of the proposed garage to be constructed under permit #494-88, 1 have again reviewed location with ttre City Solicitor.. As you are aware, due to the uniqueness of this property (i.e. , accessible only by a right of way) , both this office and Mr. O'Brien have had a difficult time determining the setback requirements relating to front, rear and side of property- Following Attorney Peck's complaint, both the City Solicitor and 1 visited the site and we are In agreement that to locate the garage as shown on the sub- . mitted Site plan would he in violation of Section VII, H 1 of the City of Salem Zoning Ordiance which prohibits a garage being located in a front yard. In view of the above, I must advise you that I am, this day, September t30, 1988, declaring; Permit 4494-88 invalid and am refunding your peralit he amount of thirty five ($35.00) . Attorney fleck has advised me that Mr. Morency is more than willing to meet with you to arrive at a location for your garage that he can support, should you choose. I.e request relief from the Zoning Board of Appeal. for a new location for• said garage. Mr. Peck's Law Office IS located at 265 Essex St. , Salem, should you wan(. to contact him. Sincerely, icxu�w . '�S/ � William H. Munroe lnspector of Buildings .Zoning F,nforcement Officer WHM:bms Enclosure: check , cc: City Solictior Robert F. Peek, Esq. Michael h Judi Janvrin Certified WP-607 167 304 PAUL M. LYNCH LAK OFFICES ZERO SPRING STREET MARBLEHEAD. MASSACHUSETTS 01945 PAUL M.LYNCH AI y 1617,631-780MFHANC'F� E. RAFFERTY YITI `J(`C,14FAQ 1017,6:11-2S76 October 27 , 1988 City Clerk City of Salem 93 Washington Street Salem, MA 01970 Re: Appeal of Building Inspector ' s Revocation of Permit #494-88 Dear City Clerk: Enclosed find Notice of Appeal relative to the Building Inspector ' s Revocation of Permit #494-88 in connection with property at�38 Shore AVenue, Salem, Massachusetts , filed by Michael D. Janvrin—dnd—Judith A.M. Janvrin . Very truly yours , PAU M t=5 ca ::1 a cr U PML:LC o o cr n Enclosure O r*+ m :o T r�1 - r N'. GG yroli � /S City of Salem Zoning Board of Appeal NOTICE OF APPEAL We, being the owners of the land known as 38 Shore Avenue, Salem, Massachusetts , pursuant to Massachusetts General Laws Chapter 40A, Sections 8 and 14 , being aggrieved by the action of the Building Inspector by a decision dated September 30 , 1988 , wherein the Building Inspector declared invalid Building Permit #494-88 , with regard to the construc- tion of a garage at 38 Shore Avenue, Salem, Massachusetts , ( a copy of said letter is attached hereto as Exhibit "A" ) do hereby appeal said decision of the Building Inspector specifically : The construction of the garage at 38 Shore Avenue , Salem, Massachusetts , does not violate Section VII . , H . , 1 . of the City of Salem Zoning Ordinances . We allege the Building Permit #494-88 to have been properly issued and request the Board of Appeals to: 1 . Reinstate Building Permit #494-88 . Petitioners , Michael D. Janvrin and Judith A.M. Janvrin By their Attorney : PAUL M. LYN Zero Spri treet Marblehead , MA 01945 tl ca ( 617 ) 631 -7808 0 cs� U M_ i O Dated : October 27 , 1988vN n -n n d :Y m t CD v yo n r- r r N po 09 N 1:,0 "EXHIBIT A" Citp of 6alem, Otaoubusettg J)ublic firopertp 33cpartment 380Ding 30cpartmcnt One balnn drtrn 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings September 30, 1988 Zoning Enforcement Officer Mr. Joel Schwalbe 10 White Street. Salem, MA 01970 RE: Buiid.ing Permit. 0ri94-88 Dear Mr. Schwalbe: In response to a complaint filed by Attorney Robert Peck, .Jr. nn behalf of 36 Shore Avc. regarding the location Of the proposed garage to be constructed under permit 0494-88, J have again reviewed location with the City Solicitor•. As you are aware, due to tnc uniqueness of this property (i.e. , accessible only by a right of way) , both this office and Mr. O'Brien have had a difficult time determining the setback requirements relating to front, rear and side of property. Following Attorney Peck' s complaint, both the City Solicitor and 1 visited the site and we are to agreement that to locate the garage ati ahown on the sub- mitted site plan would be in violation of Section VII, H 1 of the City Of Saleni Zoning Ordiancr, which prohibits a garage being located in a front yard. Jn view of the above, I must advise you that I am, this day, September 36, 1988, declaring Permit 0494-88 invalid and am refunding your permit fee in the amount of thirty five ($35.00) . Attorney Peck has advised ure that Mr. Morency is more than willing to meet with you to ::wive at :+ location for your garage that he can support, shoqur•.r, uld ycu cnoose to r^ t rrlief from the Zoning Board of Appeal fora new location for --,aid garage. Mr. Peck's Law Office is; located at 265 Fssex Std Sal ens i, hould you Wanito contact ntm. e' O n � C� v Sincerely, o m `" o V, Din 7 D 'D William it. Munroe m Z Inspector of Ruildings 3 r- .7oning Enforcement Officer v m U WHM:bms Enclosure: check cc: City Solictior• Robert F. Peck, Esq. Michael & Judi Janvrin Certified ,VP-607 16'7 304 Cftp of 6aiem, Anoacbu!5ettg Public Propertp Mcpartment Nuilbing Department One *alem green 745-9595 (Ext 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 12, 1988 Robert F. Peck Jr. , Esq. 265 Essex Street Salem, MA 01970 RE: tL38 Shore Avenue 1 Dear Mr. Peck: This will acknowledge receipt of your letter dated September 2, 1988 regarding a possible violation of the City of Salem Zoning Ordinance as it relates to a building permit issued to the owners of property located at 38 Shore Avenue. I have again reviewed the application for permit with our City Solicitor, Michael O'Brien and it is the opinion of both Mr. O'Brien and myself that the permit is properly issued. Please be advised of your right to appeal this decision to the Zoning Board of Appeal. Sincerely, William H. Munroe Inspector of Buildings WHM:bms CC: City Solicitor PECK & BEATON ATTORNEYS AT LAW 265 ESSEX STREET ff ff �Q 88P-2071 SALEM.MASSACHUSETTS 01970 �� Q r Ll (817) 744-8I80 C I T Y 0 Fr SQLc3f,HA5S. ROBERT F.PECK,JR. September 2, 1988 BRENDA A.BEATON' William H. Munroe, Building Inspector City of Salem One Salem Green Salem, MA 01970 jRE: 38 Shore Avenue, Salem, MA J Dear Mr. Munroe: Please be advised that this office represents Robert B. Morency of 36 Shore Avenue, Salem, Massachusetts , abutting landowner to the property located at 38 Shore Avenue, Salem, Massachusetts . In accordance with Chapter 40A of the Massa- chusetts General Laws and relevant sections of the City of Salem Zoning Ordinance, demand is hereby made that you enforce the Zoning Ordinance for the City of Salem by revoking forthwith the building permit previously issued by your department to the owners of 38 Shore Avenue for purposes of constructing a two-car garage on the site thereof. I am in receipt of a letter opinion from Michal E. O' Brien, City Solicitor, dated April 28, 1988 wherein he offers the opinion to you that the front yard of 38 Shore Avenue is the area within the westerly boundary line of the lot . Attached hereto as Exhibit A is a copy of said correspondence . I am in receipt of a request for a Determination of Applic- ability, Massachusetts Wetlands Protection Act previously submitted to the City of Salem relative to 38 Shore Avenue. Attached to said Request is a copy of 'Proposed Construction Plot Plan' prepared by Carter and Towers Engineering Corp . , which indicates thereon the approximate location of the proposed garage. Attached hereto as Exhibit B is a copy of said Plot Plan. Without waiving any other potential objections to the issuance of the building permit as aforesaid or the proposed construction of a two-car garage at 38 Shore Avenue, Salem, Massachusetts , it is our contention that the proposed garage is to be located within the front yard of 38 Shore Avenue, in direct violation of Section VII(H) ( 1) of the City of Salem Zoning Ordinance which provides in pertinent part "Accessory buildings and structures, such as garages , . . . shall be subject to the following regulations : 1 . No accessory building or structure shall be located within any required front yard or within any side yard of a corner lot . . . . " Additionally, it appears that the proposed location of the, garage may violate Sections VII(H) (2) , (3) of the Zoning Ordinance. However, the attempt to locate this garage within the required front yard is a clear violation of the Zoning Ordinance. In accordance with the provisions of Chapter 40A of the Massachusetts General Laws and the relevant Sections of the City of Salem Zoning Ordinance, we expect that you shall provide this office with timely notice of your decision with respect to this demand . I am causing the original of this notice to be served upon you by constable . I am causing a copy of this letter to be served upon the owners of 38 Shore Avenue, and I am forwarding a copy of this demand to the City Solicitor. Thank you for your anticipated compliance with this demand . Very tru yours , i ROBERT P CK, JR. RFP/mad CC : Robert P. Morency Michael & Judi Janvrin, also known as ConCon Limited Partnership Michael E. O'Brien, City Solicitor � �'Niviwd dam/ KEVIN T. DALY �'` v4w 4111 y LEONARD F, FEMINO ASSISTANT CITY SOLICITOR ' ,_; ;� ASSISTANT CITY SOLICITOR kpnmr. c 93 WASHINGTON STREET l� 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. ONE SCHOOL STREET CITY SOLICIT SALEM. MA 01970 SOLICITOR R BEVERLY. MA 01915 745-4311 745-4311 93 WASHINGTON STREET 745.0500 AND 921-1990 PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28 , 1988 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re : 38 Shore Avenue, Salem - Dear Mr. Munroe : By letter dated March 30 , 1988 you have requested my opinion as to what would be considered the "front yard" of the above land locked parcel of land. Applying definitions contained in 31 , 34 , 47 and 48 of Section II of the Zoning Ordinance , it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. Very-truly yours , Michael E. O' Brien City Solicitor MEO/jp EXHIBIT A JART.ER St TOWERS ENGINEERING CORP. �p .J Gurrre�d, 7�oti nada" Joseph 0.Carter Professional Engineer r 6 FAIRVIEW AVENUE Registered Land Surveyor / 1 SWAMPSCOTT, MASS, 01907 Tel. 592-8386 Q / PROPOSED CONSTRUCTION PLOT PLAN Q 38 SHORE AVENUE SALEM, MASS . y` p PREPARED FOR: JOEL SCHWALBE SCALE: 1 " = 30' r� LOT B N N JUNE 17 , 1988 , I d 83/2 j.IFN ?�h 7i v �N A V 1<Y EXrSTiNG \� n DwE�rNG �L F J � 0,/ I✓/^/1 r � t P 4 ro roHy/ ll1 (�.. 02.2 FRRG/PAR19&ED unLL / Q Q �A L�3 2Zxzz r J 6-S r(J 22D U se DoT,q D✓ESL/'./('i' / 4 — — rt �E/+sErrEnT F tH OF,y ia N TER u1 /F 0 CG75TLFE��, / �����LLAMQ� II� V1 "IVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING /=-/SS—Z7 EXHIBIT. B Cita of *aiem, 4vflassacbusetts Public *3roperty Department r�A�IM1INF.�i�j TBuilbing Department One smalem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 12, 1988 ?.obert F. Peck Jr. , 7-sa. _3; Sssex street _.9. NA. 1970 ;3 Shore Avenue Dear Hr. Peck: -his will :acknowledge receipt of your Letter dated September 2, 1988 regarding a possible violation of the City ot' .",alem Zoning Ordinance as it relates to a buildint; permit issued to the owners o[ property Located at ::'core :cvenue. rde .: ,zin ^i'_eaed ..I,e eppiication ^rmit with our C'ty :solicitor, ici:aei :'Brien ❑nd it is the opinion of both flr. O'Brien and myself that the ;ermit is pronerly issued. Please be advised of your right to appeal this decision to the Zoning Board of appeal. Sincerely, 4Iilliam H. Munroe Inspector of Buildings ,4HM:bms cc: City Solicitor PECK & BEATON ATTORNEYS AT LAW 265 ESSEX STREET 88P-2071 SALEM. MASSACHUSETTS 01970 16171744-8180 p ROBERT F. PECK,JR. September 2 , 1988 BRENDA A. BEATON William H. Munroe , Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 38 Shore Avenue, Salem, MA Dear Mr. Munroe : Please be advised that this office represents Robert B. Morency of 36 Shore Avenue, Salem, Massachusetts , abutting landowner to the property located at 38 Shore Avenue, Salem, Massachusetts . In accordance with Chapter 40A of the Massa- chusetts General Laws and relevant sections of the City of Salem Zoning Ordinance, demand is hereby made that you enforce the Zoning Ordinance for the City of Salem by revoking forthwith the building permit previously issued by your department to the owners of 38 Shore Avenue for purposes of constructing a two-car garage on the site thereof. I am in receipt of a letter opinion from Michal E. O ' Brien , City Solicitor , dated April 28 , 1988 wherein he offers the opinion to you that the front yard of 38 Shore Avenue is the area within the westerly boundary line of the lot . Attached hereto as Exhibit A is a copy of said correspondence . I am in receipt of a request for a Determination of Applic- ability, Massachusetts Wetlands Protection Act previously submitted to the City of Salem relative to 38 Shore Avenue . Attached to said Request is a copy of ' Proposed Construction Plot Plan ' prepared by Carter and Towers Engineering Corp . , which indicates thereon the approximate location of the proposed garage. Attached hereto as Exhibit B is a copy of said Plot Plan. Without waiving any other potential objections to the issuance of the building permit as aforesaid or the proposed construction of a two-car garage at 38 Shore Avenue , Salem, Massachusetts , it is our contention that the proposed garage is to be located within the front yard of 38 Shore Avenue, in direct violation of Section VII(H) ( 1 ) of the City of Salem Zoning Ordinance which provides in pertinent part "Accessory buildings and structures , such as garages , . . . shall be subject to the following regulations : 1 . No accessory building or structure shall be located within any required front yard or within any side yard of a corner lot . . . . " Additionally, it appears that the proposed location of the garage may violate Sections VII(H) ( 2 ) , ( 3) of the Zoning Ordinance . However, the attempt to locate this garage within the required front yard is a clear violation of the Zoning Ordinance. In accordance with the provisions of Chapter 40A of the Massachusetts General Laws and the relevant Sections of the City of Salem Zoning Ordinance , we expect that you shall provide this office with timely notice of your decision with respect to this demand . I am causing the original of this notice to be served upon you by constable . I am causing a copy of this letter to be served upon the owners of 38 Shore Avenue, and I am forwarding a copy of this demand to the City Solicitor. Thank you for your anticipated compliance with this demand . Very truly yours , ROBERT ' PECK, R. RFP/mad CC : Robert P. Morency Michael & Judi Janvrin , also known as ConCon Limited Partnership Michael E. O 'Brien , City Solicitor �� - 14 � 1 j KEVIN T. DALY { LEONARD F. FEMINO j, ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR r"T r 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM. MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 745-4311 93 WASHINGTON STREET 921-19900 745.0500 AND 921-19 PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28 , 1988 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 38 Shore Avenue , Salem Dear Mr. Munroe: By letter dated March 30 , 1988 you have requested my Opinion as to what would be considered the " front yard" of the above land locked parcel of land. Applying definitions contained in 31, 34 , 47 and 48 of Section II of the Zoning Ordinance , it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. Very truly yours , _ Al Michael E. O ' Brien City Solicitor MEO/jp EXHIBIT A 8F11LIJ1"IQ GPI PAUL DI. LYNCII LAW OFFICES 0 7nq n QQoo ZERO SPRING STREET OCT lU IU 32 `I1 I:(�j�R13LEHEAU. MASSACHUSETTS 01945 ! G PA UI.Al.L1'N l'H RECEIVED I/.pp ly,."•/ FRANCES E.RAFF 1 f 5,%LEFb MASS. ' AX 46171031-7806 4iY 0- -" : F`,.X.619.6:11 Y676 October 27, 1988 City Clerk City of Salem 93 Washington Street Salem, MA 01970 Re: Appeal of Building Inspector ' s Revocation of Permit #494-88 Dear City Clerk: Enclosed find Notice of Appeal relative to the Building Inspector ' s Revocation of Permit #494-88 in connection with property at 38 Shore Avenue, Salem, Massachusetts, filed by Michael D. Janvrin and Judith A.M. Janvrin. Very truly yours , PAU M PML:LC Enclosure A TRUE COPY ATTEST: T/ J Shine Fusco ' y Clerk October 28, 1988 City of Salem Zoning Board of Appeal NOTICE OF APPEAL We, being the owners of the land known as 38 Shore Avenue, Salem, Massachusetts, pursuant to Massachusetts General Laws Chapter 40A, Sections 8 and 14 , being aggrieved by the action of the Building Inspector by a decision dated September 30 , 1988 , wherein the Building Inspector declared invalid Building Permit #494-88, with regard to the construc- tion of a garage at 38 Shore Avenue, Salem, Massachusetts , (a copy of said letter is attached hereto as Exhibit "A" ) do hereby appeal said decision of the Building Inspector specifically: The construction of the garage at 38 Shore Avenue, Salem, Massachusetts , does not violate Section VII . , H. , 1 . of the City of Salem Zoning Ordinances. We allege the Building Permit #494-88 to have been properly issued and request the Board of Appeals to: 1 . Reinstate Building Permit #494-88 . Petitioners , Michael D. Janvrin and Judith A.M. Janvrin By their Attorney; PA L LY Zero Spri treet Marblehead. MA 01945 ( 617 ) 631 -7808 Dated: October 27 , 1988 "EXHIBIT A" eftp of Aiarem, Aaaacbm ;ettg � ,lrQ 19ubtic Vropertp 39cpartmcnt � . jUi[Ding Mcpartmcnt One Salem Oretn 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings September 30, 1988 Zoning Enforcement Officer Mr. Joel Schwalbe 10 White Street Salem, MA 01970 RE: Building Permit. 1494-88 Dear Mr. Schwalbe: In response to a complaint filed by Attorney Robert Peck, Jr. Ur, behalf of 36 Shore. Ave. regarding the location of the proposed garage to be Constructed under permit 0494-88, 1 have again reviewed location with tire. City Solicitor. As you are aware, due to the uniqueness of this property (i.e. , accessible only by a right of way) , both this office and Mr. O'Brien have had a difficult time determining t•r,e setback requirements relating to front, rear and side of property. Following Attorney Peck's complaint, both the City Solicitor and 1 visited the site and we are .in agreement that to locate the garage as ahown on the sub- mitted site plan would be in violation of Section VII, H 1 of the City of Salem Zoning. Ordiance which prohibits a garage being located in a front yard. 1n view of the above, I must advise you that I am, this day, September 30, 1988, declaring Permit 1494-88 invalid and am refunding your permit fee. In he amount of thirty five ($35.00) . Attorney fleck has advised are that Mr. Morency is more than willing to meet with you to arrive at a location for your garage that he can r•:upport, should you choose to rcqurat rei ief from the Zoning Board of Appeal. for a new location for ,,aid garage. Mr. Peck's Law Office i.i: located at 265 Fasex St. , Salem, should you want. to contact him. Sincerely, William 11. Munroe Inspector of Ruildings Zoning Enforcement officer WHiK:bms Enclosure: check cc: City Solictior Robert F. Peck, Esq. Michael h Judi Janvrin Certified 1P-407 167 304 of ��11LIlt, ssrl�use##S 3 Public 1hoperty Ileparfineut NNE itilling 11rpartntent (0tir —*nlrm (6rern i 13-0213 William H. Munroe Director of Public Property Maurice M. Martineau. Asst Inspector Inspector of Buildings Edgar J. Paquin. Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. March 30, 1988 Michael O'Brien, Esq. City Solicitor City of Salem RE: 38 Shore Avenue Dear Mr. O'Brien: Enclosed is a copy of a plot plan for 38 Shore Ave. As you can see this is a land loc:xed parcel with a access easement. The owner of this property has requested permission to construct a garage on the property. There is some question as to where the garage can be located and what the required setbacks for this property would be. This Department would appreciate an opinion as to what would be considered the front. Thank you for your attention in this matter. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms Enclosure: (1 ) Jy. 4 KEVIN T. DALY A� .,�41 y LEONARD F. FEMINO ASSISTANT CITY SOLICITOR � "r :? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET R!ry.�i^1'1�' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 93 WASH 745.4311 CITY SOLICITORINGTON STREET 745-4311 745-0500 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28 , 1988 n William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 38 Shore Avenue, Salem Dear Mr. Munroe: ' By letter dated March 30, 1988 you have requested my opinion as to what would be considered the "front yard" of the above land locked parcel of land. Applying definitions contained in 31, 34 , 47 and 48 of Section II of the Zoning Ordinance, it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. Vag truly yours , Michael E. O' Brien City Solicitor MEO/jp ' r l - Loew ,PtAAf { , A AY Till& &00*1 [A A4o1 "Cl' LOTS . AeE4 •d,3/Zt X r i w y 3" /V'ON,SE'�Ji V f ll?NF1L£O F.FON?CANS,ONJ DEFQ! ,PECGt?gF0 - ; � �//,pEi/J7RYOFpEEO.S ANO J{CTUAL fliZD SURVEY car. co.vc. .esr. wwcs SHORE AVE. UNDER SUBDIVISION CONTROL 20 Q _ P0. . 40 SQ •d REQUIRED GRAPHIC SCALE IM FEET PLAN OF LAND OWNED er CANNING BOARD Date PLAN BoOK173 PLAN*V 'M a. DOR/LLA MORENCY 6MY awry w m4>K.fel�. y �'r:. SOUR NON.:-, /N I�.►.r� SALEM MASS Ole ♦ 04* - t _' J iCfdrNETM ✓. BauffARO ASSOC- C l—� c&fA i—O E - uEc, 3 C) KEVIN T. DALV ^Y .,v;d-. � LEONARD F. FEMINO ASSISTANT CITY SOLICITOR � ,.`�.: � ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET ""'Mr 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM. MA 01970 CITY SOLICITOR BEVERLY, MA 01915 745-4311 WASHINGTON STREET 745-4311 745-0500 93 WASH921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28 , 1988 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re : 38 Shore Avenue, Salem Dear Mr. Munroe : By letter dated March 30 , 1988 you have requested my opinion as to what would be considered the "front yard" of the above land locked parcel of land. Applying definitions contained in 31, 34 , 47 and 48 of Section II of the Zoning Ordinance, it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. Ve-ry truly yours, Michael E. O' Brien City Solicitor MEO/jp 7 n�•! '.r. �.tix d1/y<�v ✓�✓" L ..X r.J { �.�c��.ultt'ti KEVIN T. DALY 3 .y:t' �R LEONARD F. FEMINO ASSISTANT CITY SOLICITOR ��� `—„'��r? ASSISTANT CITY SOLICITOR rumv.��r'� 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 93 WASHINGTON CITY SOLICITORINGTON STREET 745-4311 745-0500 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET April 28, 1988 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 38 Shore Avenue, Salem C/i GO Dear Mr. Munroe : By letter dated March 30 , 1988 you have requested my opinion as to what would be considered the "front yard” of the above land locked parcel of land. Applying definitions contained in 31, 34 , 47 and 48 of Section II of the Zoning Ordinance, it is my opinion that the "front yard" is the area within the westerly boundary line of the lot. V tr/uly yours, Michael E. O'Brien City Solicitor MEO/jp cow arCtv of *alelll, �fflassar4us.e##s Public Property Pepttrtment 9 7p �Jpf�1MML��'4Y �uilliuq ]t+epttrtnient Olnr �ialrcn (6rrrn 715-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. March 30, 1988 Michael O'Brien, Esq. City Solicitor City of Salem RE: 38 Shore Avenue Dear Mr. O'Brien: Enclosed is a copy of a plot plan for 38 Shore Ave. As you can see this is a land locked parcel with a access easement. The owner of this property has requested permission to construct a garage on the property. There is some question as to where the garage can be located and what the required setbacks for this property would be. This Department would appreciate an opinion as to what would be considered the front. Thank you for your attention in this matter. Sincerely, p LL William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms Enclosure: (1 ) �BT IIfIEm, cT�5E12E� : f '82 MAY -4 P 2 :30 ,qr L Pvarbt Df ��IY7Pc�I 4/4ry6 dor. CITY CLERK'S OFFICE J DECISION ON THE PETITION OF DORILLA MORENCY REQUESTING VARIANCES FOR 38 SHORE AVE. A hearing on this Petition was held on April 28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Piemonte, Hacker, . Feeherry, and Associate Member Luzinski: Notices of the hearing were 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 has requested variances for the property identified as 38 Shore Ave. which now consists of two non-conforming lots designated as Lots A and B on a plan submitted to the Board. Variances are required because a prior division of the property caused both of the current lots to be non-c_foxing. The requested variances, if granted, will conform the lots to current zoning standards. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing; the property makes the following findings of fact: 1) The property in question currently is divided into two lots. A two-family house is on Lot: A; a single-family house is on Lot B. Both houses have been at the site for over fifty years. 2) By virtue of a prior division of the property, by deed, into two lots, neither lot now confor-_s to current zoning. 3) Petitioner's request involves no change of use nor any other changes at the property. Petitioner seeks only to establish that each lot is a legally proper one under current zoning. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is unique because of its peculiar frontage problems and other access problems and because of the fact that the structures on the site were there for many years prior to any zoning statute. 2) The conditions described above especially affect the land in question but do not generally affect the zoning district in which the property is located.. I J ' DECISION ON THE PETITION OF DORILLA MORENCY 'B2 nM -4 P 2 30 REQUESTING VARIANCES FOR 38 SHORE AVE. Page 2 CITY C�`=:;=',=, OF F I C E . 3) The conditions described above which affect the land in question, but not the zoning district generally cause the following special hardship: unless the requested variances are given, it will be virtually impossible to sell either lot. 4) the desired variance may be granted without substantial detriment to the public good because the requested variances, if granted, - will change nothing on the site. Therefore, the Board of Zoning Appeal unanimously voted in favor of granting the requested relief. The Board grants a variance to the Petitioner on the following terms and conditions: 1) Variances from frontage, front yard, side yard, rear yard, lot area and density requirements and any other variance necessary to cause the two lots at the site to conform to current zoning are hereby granted. �J Anthony' Pf. Fee erry, SecrIetary b' i APPEAL FG379 THIS L K E?-DE PURSi!;.F:T TO SECTION 17 OF THE MASS. CiE'!E!NL LA.... CF" , 0."�T' 0= FILIf:C OF li!IS q t, P; %T 177 S - OF UrCRO , !S COARO OF APPEAL f COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK.