8 UPHAM STREET - BUILDING INSPECTION 8 UPHAM STREET
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�`;�* ° CITY Gc E ;;,,'S OFFICE
OCTOBER 19, 1976 SALM MASS.
DECISION ON THE PETITION OF MADELINE GALPER, MURRAY P. GALPER, AND JONAS
GALPER, 7 HARRIS STREET (R-2 ZONE) TO DIVIDE A LOT RUNNING FROM 8 UPHAM
STREET TO 7 HARRIS STREET, CONTAINING 5,844 SQUARE FEET.
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr., and members Jane T. Lundregan, William Abbott, Arthur LaBrecque
and Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Attorney Philip Litman represented the petitioner before the Board. He stated
that the lot, at present, contains two separate structures, owned by two
separate persons, and that a mistake in the deed was made when the conveyance
of the property at 8 Upham Street was made to Mark Phillips. By error the
deed encompassed both buildings. The dividing line was meant to be the
fence. The petitioner and Mr. Phillips reached an agreement whereby Mr.
Phillips gave the petitioner a quitclaim deed for the disputed property.
The Board voted unanimously to grant the petition requested. The Board found
the literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to both parties. The Board found that the deed
was"given in error and that two separate buildings had existed on the property
before: the Zoning Ordinance went into effect, therefore due to special
conditions effecting the particular parcel of land there is a hardship.
The Board felt also, that it could grant the relief requested without substantial
detriment to the public good, or without derogating from the intent of the
Zoning By-law.
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAOS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TACE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE 014NER OF RECORD, OR RECORDED AND
NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
C SALEM BOARD OF APPEAL
BY
Secretary