6-8 WHEATLAND STREET - BUILDING JACKET S4 kAe. a-7e .
ndafle
74520 40°/o P4
CHRtlw�is.km AS
ATTORNEY AT LAW
ONE CHURCH t4STREET 1ee �
SALEM. N7{��€�S J�HL f�Ek 'A'019 0
AREA CODE 617
ftpyE; ,R1h`?�� 745-0500
�1fY 4 „
#84C-1509
December 6 , 1984
Mr. Richard MacIntosh
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970
RE(:1T AP_P-L I CAT I ONw EOR._BUILDING_PE RMI T
`FOR No. 6 and No. 8 Wheatland St. ,
Salem;Massachu efts
Dear Mr. MacIntosh:
Please be advised that this office represents Robert M. Maguire ,
the prospective purchaser under a Purchase & Sale Agreement for
the above said property. My client is purchasing the property
from the record owners, Rene and Harriet Corbin. As you are well
aware, the lot is presently vacant and is non-conforming under the
present zoning ordinance . Accordingly, with reference to the
proposed application for building permit, the question has arisen
as to the ownership of the abutting lots since 1955 .
I have enclosed for your information a photocopy of the Assessor' s
plan coverning the area which plan clearly shows 4 abutters , that is ,
No. 4 and No. 10 Wheatland Street and No. 7 and No. 9 Cloutman Street.
A search at the Essex South District Registry of Deeds has shown the
following:
1) With reference to No. 4 Wheatland Street, the record
owner is presently one Donat Corbin and Aurise Corbin,
his wife. They have been the record owner since October
8, 1947. ;
2) With reference to No. 10 Wheatland Street, the present
record owner is James M. Harrison, who purchased the
property on August 1 , 1980 from Bertrand and Laurette
M. Beaulieu who were the record owners from January 29,
1964 , the date of their deed on August 1 , 1980 . Mr. & Mrs.
Beaulieu obtained the property from Willard A. Wade and
Helena Wade, husband and wife, who were the record owners
until their conveyance to the Beaulieus from November 17 ,
1960 and they received title from Josephine Jodoin, the
Mr. Richard Macintosh
December 6 , 1984
Page 2
surviving widow of Adelard Jodoin with whom she obtained
title to the property on May 27 , 1925 .
3) With reference to No. 7 Cloutman Street, the present
owner is Scott N. Butler, who received title on April
29 , 1980 to the parcel from James M. Ferreira, who had
obtained his title from Joseph Ouellette on January 4 ,
1980 who had taken title to the property as well as
title to the property at 9 Cloutman Street from the
Joseph Ouellette Trust on December 30 , 1968 . The Joseph
Ouellette Trust wasduly recorded on June 20 , 1962 with
said Joseph Ouellette as the Trustee thereof, with _title to
two parcels , .No._3 _and No. 9 , was given--from--J.
Andrew Foisy on June 20, 1962 upon which date J. Andrew
Foisy received title to the said two parcels from the
same said Joseph Ouellette . Joseph Ouellette and his
wife Irene G. Ouellette transferred the property known
as number 7 Cloutman Street to Mr. Foisy in 1962 having
received their title on May 4 , 1956 from Ernest and Laura
Boucher who had owned the parcel since 1951.
4) With reference to No. 9 Cloutman Street, the present
owner is Joseph and Irene G. Ouellette, who originally
obtained title on April 18 , 1942 from one Oliver Ouellette.
Although numerous transfers into trust etc. were made of
this parcel, they are the present record owners as husband
and wife. See No. 3 above as this parcel was conveyed
through numerous transactions with No. 7 Cloutman as outlined
herein.
The above clearly shows that prior to any zoning ordinances in this
City of Salem this parcel has been owned separately and distinctly from
any adjoining parcels, and therefore , may be built on under the
zoning ordinances that are applicable. 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.
Very r urs,
ris Drucas
CD/kmm
cc: Robert Maguire
Enclosure
APPLICATION FOR PERMIT
SEWER ENTRY
DATE: PERMIT NO.
RECEIPT NO. ^N/r 3`85
STREET OPENING PERM. NO.
TO: RE:
CITY OF SALEM D• ° s ❑ PERMIT FOR SEWER EXTENSION
-CITY-ENGINEER' E?PERMIT FOR SEWER CONNECTION
SALEM, MASS. t
NAME and ADDRESS /moo G P/fA /l�. M
Individual, Organization, Board, Officer, Making Application
TEL NO. 94c- 3 /74 S "A-e4 ;ll- So #q t v i'�m�a•
DRAINLAYER
1. NUMBER OF RESIDENCES Z NO. OF BEDROOMS ea
2. TYPE OF RESIDENCE: ❑ SINGLE FAMILY
EI'MULTI FAMILY
3. OTHER NON-RESIDENTIAL TYPE OF ESTABLISHMENT: DESCRIPTION
NOTE: ALL NON-RESIDENTIAL SITES REQUIRE AN INDUSTRIAL DISCHARGE PERMIT FROM THE MONITORING
AND ENFORCEMENT CHIEF OF THE SOUTH ESSEX SEWERAGE DISTRICT PRIOR TO ISSUANCE OF THIS PERMIT.
4. ESTIMATED SEWAGE FLOW — GALLONS PER DAY 4�17f�0
5. LENGTH AND LOCATION OF SYSTEM/CONNECTION: Attach drawing of location, show ties to
foundation at house invert, include ties of connection at sewer.
6. IF EXTENSION: NAME AND ADDRESS OF DESIGN ENGINEER
Mass. P. E. No.
(a) Furnish All Design Calculations and Drawings.
STATE W.P.C.-P-1 ❑ Approved
❑ Approved ❑ Disapproved
❑ Disapproved
❑ Not Required
City Engineer p,o_P S
SPECIAL CONDITIONS:
INSPECTED BY: DATE:
❑ Approved
❑ Disapproved:
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93 91 86
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100. 00'
LOT 90, 92 30 '
9000 SO F7-
3 3 '
T33 '
PROPOSED 26x52
94 0 0
DUPLEX DWELLING 08
0 9
rn
2 ) 3/4" COPPER WATER
SERVICE -�/ /5" SANITARY 1
9, », SEWER 34' "
k S CONNECTION
18'
100. 00' {
GATES I ' s j
WHEATLAND S '� DEET FLOW SMH
s I s s O
8" SANITARY SEWER _ W _ _ _ W _ _ _W INV 15. 38
4" WATER
PROPOSED SITE PLAN OF LAND
LOCATED IN
SALEM . MASS.
ZONE R- 2 RESIDENTIAL TWO FAMILY PREPARED BY
LOT AREA . 15,000 SF . EASTERN LAND SURVEY ASSOCIATES INC
LOT COVERAGE 35%
FRONTAGE 100 CHRISTOPHER R. My EL L0 P L. S.
FRONT YARD 15 ' 40 LOWELL ST. PEABODY MASS.
SIDE YARD 10 ,
REAR YARD 30 ' SCALE I " = 20 ' MAY I, 1985
REFERENCE PLAN 1001 END. i
0 10 20 40 60 80
F 5685
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s Ctu of 'Salem, 'ffltt$s djusetts
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41MRt
FILE#
DECISION ON THE PETITION OF CHARLES L. BR= FORA CITY CLERK.SALEM.MA55.
VARIANCE FOR-6=8_wi-IF.ATIAM-STREET`(R=2)�
A hearing on this petition was held on April 29,' 1987, with the following Board
Members present: James Hacker, Chairman, Messrs., Fleming, Bencal, Luzinski
and Strout. Notice of the Hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem Evening News in accordance
with the provision of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Vallis, seeks a Variance from
front yard setback to allow the existing two (2) family dwelling at 6 - 8
Wheatland Street. The locus of the property is in an R-2 District.
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 the 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 purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing the plans, makes the following findings of facts
1. The building, as situated on the plans submitted, is set back further
from the street line then all the buildings on the street.
2. The reason for the front-yard set-back discrepancy was caused by
mis reading and misunderstanding of what constitutes the front sideline.
3. No opposition to the requested Variance was Expressed at the hearing.
4. The petitioner showed sufficient hardship because of the presence of
ledge on most of the site.
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 proposed change will pranote the health, safety, convenience and
welfare of the city's inhabitants;
2. The relief requested may be granted without substantial detriment to the
public good. In fact, the division of the lot into two lots is not
more detrimental to the neighborhood than the existing nonconformity;
n+:if rn
DECSSION
W � &a0N OF CHAaZS L. BFB FaR A
alt ANS
PAGE 2 AT1.d1ND STgFFT (g_2j
3• A literal enforcement of the Provisions of
involve substantial hardsP, financial the
or Otherwise,
Zoning Ordinance
4• Special conditions �envise �ciuld
generally affect exist tis inttne this noncbnforriling to the Petitioner;
other Io
Therefore, the Zoning same district. which do-not
Variance re4uested Beard of Appeal voted
without conditions. unanimously' S - Q to
GRAND grant the
n..
j;
Jan-s
M. Esguire
F1
Member, Board of�APPeal
A WPY OF THIS DIxISION HAS
BajzT FI7'Fd? WITH THE PLANNIIqG BOLD AND 7M CITY
i
APPEAL'FFZD,- THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
{i: &.^.3. A'C SR1, DE FILED WIT, 20 DAPS AFTER THE DATE 6F fli1;:G -
D" .. _., it; THE GTi;,_ TH-. On CLE%(K.
11, THE 4A°I. EE CF. SF
C- THAT. IF ,;ri t tEP.ti; h c F:I R IT h E _i, i C' ri S
RECORDED IN THE SOUTH ESSEX F_GI,TRi CF DEEDS AND 1 DEX'D U} T;'- %A: Or Tr!-" OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE ONNER'S CERTIFICATE OF T,T1E.
I
BOARD OF APPEAL -