46 WARREN STREET - BUILDING INSPECTION _ 46 Warren St.
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Complete itemr'1, 2, and 3 an th p R
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if space permits. Otherwise affix to bat rticie.
• Endorse article"Return Receipt Requested" adjo.
cent to numbers
RETURN APR 4 C
TO 197& d
Mr. John B. Pow U s . of Bld s
(Name of Bender)
4 If
City Hal l Annry, flnP Cal am f_=ca,-,
U (Street or P.O. Box)
Salem, Massachusetts 01970
(City, State, and ZIP Code)
N
SENDER: Complete i items 1, and;.
B Add your address n the "RETURN TO" spare on
g revere.
m I. The following service is requested (check one). ,
M Show to whom and date delivere-L.--------F 150
C] Show to whom,date,&address of delivery.. 350
® RESTRICTED DELIVERY.
a Show to whom and date delivered............. 650
RESTRICTED DELIVERY.
Show to whom, date,and ddress of delivery 850
ss 2. ARTICLE ADDRESSED TO: h
Ms. Lola Ouellette
z 64 Bayview Road
Marblehead, Mass. 01945
m 3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. I INSURED NO.:
— 945298
'y+ (AlwaYS obtain signature of sddmssaa or agWrO
I have receive the article described above.
SIGNATURE ❑ Addressee
q Authorized+aferirt l
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a Dak;-J OF DELIVERY p'
5. ADDRESS (Compt onl it / `V �t FIR
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9 6. UNABLE TO DELIVER BECAUSE: CLERK'S
B V r �INFTJAL$
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fr GOV:1996--0-203-456
April 249 1978
Ms . Lola Ouellette
64 Bayview Road
Marblehead, M::ssachusetts 01945
PE.0 J<,s6—vi ren-Street
Salem, N<assachusetts Of970
Dear Ms. Ouellette:
In response to a complaint from the Salem Health Department this
Department inspected the rear porches on the property located at
46 warren Street owned by you on April 21 , 1978.
The inspection revealed the porches to be in poor repair and a
hazard to the public .safety and welfare.
You are ordered to immediately secure the second floor porch from
access and contact this Office within seven (7) days with your plans
to make the necessary repairs. A Building Permit will be required?
Very truly yours,
JOHN B. POWERS
Superintendent of Public Property,
Inspector of Buildings
cc : Mr. Peter Grady, Health Department
JBP/mlr
Certified Mail #945298
. ♦ /tea if � � ,J '; .,t,r 'I
APRIL 2.5, 1.978
DECISION ON PETITION OF DR EDNAM ROSEENIHU, CC','CE NINE PROPPR1 LOCAIED-
--> K140 1, R!tt V� S7R_ET'SAU-EM 1°SS_
I�1Y 2 I 55 :>f�
FILE'�-
This is a direct appeal by the Petitioner, Ed,rarcl 1?osenUial, lPi9. :Rier ',!_FFt,Y. ss-
Lola 1-I. Ouellette, Trustee of Rilo Realty Test, through their attorr:ey, George:
P. lrallis, One Clrurcli St. , Salem, Mass. from app'_ica)a!F terns of the C:i.ty Oil Sa lem
Zoning Ordin nee to permit the Petitioner to conduct on the first floor of a three
tuiit bu_i]-ding, a de,ntast:ry and oxtliodontist's olfaco. The parcel. is located in an
R-2 District.
}-fearing on th s petition was held on April 25, 1978, pursuant to notices mailed
postpaid to the Pli.titioners, Board Mciribers, Abutter, F.b"ittl:el to Abutters and others,
and a notice was duly published in ti_ie Salem Even .ng \e;•rs advising of Otis public
hear ng.
The following Board Members were present at the maeting: Donald Eames, Dou.r'Ias
Hopper, Arthur Labrecque, Jane LwidreNm, lliilliarn Abbott and James H. Boul-ger, Jr.
(James H. Boul s, Jr. refrained from voting)
f' J •
Tile application was subrtdtted to obtain a variance from applicable terns of the
Zoning Ordinance with respect to Use. TRe Petr"Lrosier, through his attorney, sUDTDStt-cl
the fo110491ng evidence: The p_1-0perty is S t teat d at iJ '^ cOl-iler of Esscex Street and
V,'arrcn Street and is within close proximity to a B-1 Zone ti;here the proposed use is
permitted. The building is used as a three-unit apartrent dwelling and it was pro-
posed that the usr: or tree second and third floors r:oulcl remain unchanged. It was
pointed out that many of the Petitioner's patients here students from the Salem
H:igD School, which was within walking d.istaace of the locus Auld that the Petitioner it
be providing a public senrice and the proposed use vould benefit tiie public interest.
it was noted that. it was quite common in Salem to have a doctor^s office within a resi-
dential zone and i.l.at :in granting the variance the resident integrity of the area would
still be retained.
The Board, after much discussion, took the matter tinder advisement and decided to
table the matter u7itil its next regularly scheduled hearing, on 1`4ay 9, '1-978 at which time
a Petj-tion i•;as presented by Atty. Benjamin W. MDulto;i of 39 11,'arren Street, Salem, signed
by several abutters and neighboririg property owfl-rs stating their desire that the
pet.i.tion be granted subject to the condition that the yard of the IOCILS property not be
used as a parking area.
t
Darrell Street, Salem, DI,:Lss.
.jr_ Edward ROsen.t.halr
.,5 i'.li '7 i Pale 2
'ILE
the Board revi=ewed all the eviclerice presented and carefully considered the
rilltter. The Board found that a V.Lr_L.anCe could', Ml Tec._wi t-.77T1t: substar'Llal
detrine_;.t -to the public good or SdhS'Ulnt:i-at dd rt-z
eronl �im;n t1iJt:intent of the
prOVIS L011S Of toile LOil Xff, OfdlrliriCC alnd tl1 L= 11_EEl( [dI enforceli1Cl_' Of the ycovlsionS _
Of the "zoning By-laws wolild cause _, bst..ntial hardship to the PetiLioner and that
the proposed use of the property would notre Sc'rl�( ,l 1�:rrly,',1a.ltil .' .Cn in the value
of surroundmn properties, but it would, in fact., enhance the value in view of the
fact that e,:tended :impro''ert alts would be made. to the property mad the proposed use
would further provide a public service and benef_i_t the public interest.
Variance was grantecl by a unanimous vote subject to the condition that the
yard not: be used as a pa-CIJ.rlg area.
APPLU FROM THIS DECISION, IF 10,1Y, SMLL BE D4AD13 PURSUdttiT TO SECTIO\? 17 OF 'THF. HASS.
GEN_ LAWS, CPAPTIIR 808, ANT_) SHNLL BI FILED PIITIIPI 20 DAYS AI-IER TETE DATE OF FILING
OF THIS DECISION IN TILE OFFICE OF THE CITY CIS?LC.
PURSUANT TO MASS. CEN. LAWS, C[IAPTER 808, SECTION 1-1, 11-JE vARIAbIEZi OR SPECIFq� PE
GRANTPD FIEREIN, ST=ALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BE/LRiNG 'IEIE
k__l2TIFICJATION OF THE CITY CLERK `IlU�,f 20 DAYS Lill';; ELAPSED A.ND NO APPEAL HAS BEEN ).?ILEO
OR THAT, IF SUC24 ANT APPFAh NILS BEEN PILED, TiLNF IT HAS BEEN DISMISSED OR DENIED IS
IUEC:ORDED IN THE SOLMI ESSEX REGISTP.Y OF DEEDS ?�'D INDE7; D UNDER THE NAIME OF TIIE OA'NEP.
OF RECORD OR IS RECORDE=D AND NOTED ON TEP; OIVNER'S CEI:Ii_1'IC i'i OF 'PI'I'Ll .
A COPi' OF TILTS DECISION ELAS BEEN FILED WITH TIME PLA:,NING BOARD AVD TME CITY CM-IK.
BOARD OF APPFAL
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