5 WYMAN STREET - BUILDING INSPECTION 5 WYMANJSTREET
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CITY OF SALEM • MASSACHUSETTS
ROBERT A. LEDOUX Legal Department LEONARD F FEMINO
City solicitor 93 Washington Street Assistant City Solicitor
508-745i3s9 Salem, Massachusetts 01970 50S-W-1990
June 14, 1996
Mr. Leo E. Tremblay
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
RE: 5-6-8 Wyman Street
6 Wyman Avenue
Dear Mr. Tremblay:
You have requested an opinion as to whether the above mentioned lots are
grandfathered, buildable lots and which are not. My opinion follows.
The Assessors have stated by letter to you that 5 Wyman Street was not held in
common ownership with any other property since 1965. Inasmuch as there has been no
merger of title, this is a buildable lot as long as it is in excess of 5,000 square feet.
6 Wyman Street. It appears that this was held in common ownership with 8
Wyman Street but only for a 2 year period of time. There has, therefore, been no
merger and it would appear that this lot is buildable as long as it exceeds the 5,000
square feet requirement.
8 Wyman Street it appears that this was held in common ownership for the
years 1973 through 1975 but did not result in a merger inasmuch as it did not exceed
the 5 years necessary. This lot is also buildable as long as it fits the 5,000 square foot
requirement.
Mr. Leo E. Tremblay
Page Two
June 14, 1996
6 Wyman Avenue. As I read the Assessors letter this property was held in
continuous ownership for a period of 1965 through 1975. From 1965 to 1973 this
property was held in the name of Mary T. Varney. From 1973 to 1975 it was held in
the name of Elmer R. and Gladys W. Varney. Accordingly, it would appear to me that
there had been a merger between 1 Wyman.Street and 6 Wyman Avenue. In order to
build on to 6 Wyman Avenue it would require that the property at 1 Wyman Street be
included or that appropriate relief be granted by the Board of Appeals.
If you have any questions please do not hesitate to call.
Very truce yours,
ROBERT A. LEDOUX
RAL/leh
File # CS9475.22
co� �r
BOARD OF ASSESSORS
7 s1 .Fpa 93 WASHINGTON STREET,CITY HALL, SALEM, MASSACHUSETTS 01970-3595
(508)745-9595 Ext. 261
�s\ �^ (508)744-2069 Fax
9ep��tme cA
March 28, 1996
Leo Tremblay
Building Inspector
One Salem Green
Salem MA 01970
Re: 5 Wyman Street(02-0015), 6 Wyman Street(02-0031), 8 Wyman Street (02-0030) &
6 Wyman Avenue (02-0003)
Dear Mr. Tremblay:
The Board has reviewed its ownership records for the period of 1965 to the present for the
above properties and the abutting properties for each and has made the following
determinations:
5 Wyman Street(aka 5-7 Wyman Street) - no common ownership at any time since 1965.
6 Wyman Street - No common ownership since 1965 except for the period of 1973 to 1975.
During that period the parcel was owned by Elmer R. Varney as an individual, while 8 Wyman
Street was owned by Elmer R. and Gladys W. Varney, brother and sister (acquired through
inheritance).
8 Wyman Street - No common ownership since 1965 except for the period of 1973 to 1975.
During that period the parcel was owned by Elmer R. and Gladys W. Varney,brother and sister
(acquired through inheritance), while 6 Wyman Street was owned by Elmer R. Varney as an
individual.
6 Wyman Avenue - The property was held in continuous common ownership for the period
of 1965 to 1975 with the property located at 1 Wyman Street(02-0001). From 1965 to 1973,
both lots were owned by Mary (aka Marion) T. Varney. From 1973 to 1975, both lots were
owned by Elmer R. and Gladys W. Varney,brother and sister(acquired through inheritance).
In addition, during the period of 1973 to 1975, another abutting lot, 8 Wyman Avenue (02-
0002)was owned by Gladys U.Varney,who appears to be the same person as Gladys W. There
has been no common ownership with any abutting lots since 1975.
ery ly o
Peter M. Caron
Chairman
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t/592 SALE
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CITY OF SALEM, a municipal corporation duly established in t}:e County of Esser.
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and Commonwealth of Massachusetts , in consideration of the su.n of one hundred
dollars paid, grants to Marie L. Day of Lynn, Maassachusetts , with Quit Claim
Covenants, a certain parcel of municipally owned land riot devoted to or required for
any public use, situate on Wyman Avenue , containing 11,705 square feet of land, and
being lots No. 24 and 25 on Wyman Avenue , the said City of Salem having acquired said
land by tax foreclosure.
For refereV es to title see deed recorded in Essex South District Registry of
Deeds, Book 3948, Page 371.
IN WITNESS WHEREOF the said City of Salem has caused its corporate seal to be
hereto affixed and these presents to be executed, acknowledged and delivered in its
name and behalf by Francis X. Collins, its Mayor, hereunto duly authorised, a copy
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of which authorisation by rote of the City Council under date of August 28, 1952 in
recorded in Bssex.South District Registry of Deeds.
Dated this 4th day of March, 1954.
CITY OF SALEM
Mayor
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'Approved as to form;
Ci y Solicitor
COMMONWEALTH OF MASSACHUSETTS
Essex, es. Salem, Mass. , March 4, 1954
Then personally appeared the above named Francis X. Collins, Mayor of the
City of Salem, and acknowledged the foregoing instrument to be his free act and deed
in the name and behalf of the City of Salem, being duly authorized in the p remises
by vote of the City Council of said City of Salem, before me,
My commission expires Sept. 22, 1955
o�j�ry Public
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Essex as. Recorded Mar. 91 1954. 45 m• i 6t 12 P.M. —
11
Z It A!e.4C11tI5LTlY CrI .,AIM DECD INDIVIDUAL ALONG FORM) BB2
ar e Day
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of 1 �..., ?.' k ,. ,, -
�,� � County, Massachusetts _
being rrxu.,nied, for consideration paid, and in full cou;ic!cration of one dollar ($1 . 00)
I
grams to Albert C . Day 7 '
!11� -tl'�t� Yt6(.(C. KOc,cl,
of / North Andover, Essex County , Massachusetts With ctutitlaim ianenanla
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the land in
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pARr_EL 1 : That part of Gloucester , Essex County,. Massachusetts ,
wr :+s t4est Gloucester, bounded and described as follows :
NORTHEASTERLY by land formerly of the grantor , fifty-two and 5/10ths
(52 . 5) feet ;
NORTHWESTERLY by land now or formerly of Muros , fifteen (15) feet;
SOUTHWESTERLY by other land now or formerly of G . Richard Handrick,
aporoxi.mately fifty-two and 5/10ths ( 52 . 5) feet;
SOUTH.L'ASTS:RLY by land now or formerly of Bernard , fifteen ( 15) feet;
toae`_'ier. wi.th 'the benefits of and subject to a right of way ten (10)
_`eet wide extending from a way which runs along the rear of Lot No . 37
as shown on plan recorded at 3oo!c o!' Plans 3 , Plan 45 , in Essex South
District Segistry of- Deeds and of %-.hick lot the cjranted premises are a
part, and running Northeasterly thronoh the center of said Lot No . 37
to the highwater mark . five ( 5) feeL of said way being along the
Southoastcrly side of the her.c.ul t,ranted premises . _
Beim the same premises conveyed tome by deed of G. Richard Handrick,
catuc`' ,'o:)' cmbor 22 , 1951 , aIle rccord,-c! in Lhc Es:;ex South District
Registry of Deeds , Book 3659 , Payee 476 .
PARCEL 2 : The land in Salem, !:sscx County , Massachusetts , bounded
asc l ssibed as follows :
Being Lots No . 24 and 25 located on hlyman Avenue and containing
aoorox! mate?.y 11 , 705 square feet .
Being the same premises conveyed to me by deed of the City of Salem,
datecl ?'arch 4 , 1954 and recorded in Che Essex South District Registry
cf Deeds , Dook 4051 , Page 369 .
The consideration for this conveyance is less than one hundred ( $100 . 00)
dollars .
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BK6618 PG570
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...... ............. hand and seal this ................... of .....................`.'5..5.:. .......... 19 79
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J / ;�.. i t L �- �� •................... 1..... 4J:�...i:. . .r................
), v Marie L. Dav
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�flr-(IIomtnontuealtfl of :ffiaaaar4tmrtta- C
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Then personally appeared the above named
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and acknowledged the foregoing instrument to be free act and deed, before me.." " <'";
• , �,Ii 1 .� 1 �•� , ++' E}DW
Notary Public ' �ce of ILc
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My Commission Espies � '� 4. " ''• ,,, - 14 l
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`rT Z S?. PAST/d 115. INST.
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S , i.lbert C . Day
of North Andover ,
Essex County,Massachusetts
being wyfwrried, for consideration paid, and in full consideration of One Dollar ($1. 00)
granrsro Albert C . Day and Dorothy G . Day of 55 Marbleridge Road , North
Andover, Massachusetts as they are trustees of the Albert and Dorothy
63X Day Realty Trust , under Indenture of. Trust x�kkX*dtX czmtcx
dated February 17 , 1976 and recorded with the Essex South District
Rr�L ay of Deeds, Book 6262 , Page 273 with QUITCLAIM COVENANTS
(Description and encumbrances, if any)
Two certain parcels of land located in Gloucester more particularly
bounded and described as follows:
PARCEL 1: That nart of Gloucester, Essex County, Massachusetts,
sown as West Gloucester, bounded and described as follows:
NORTHEASTERLY: by land formerly of the grantor , fifty-two and 5/10ths
(52 . 5) .feet;
NORTHWESTERLY: by land now or formerly of Muros, fifteen (15) feet ;
SOUTHWESTERLY: by other land now or formerly of G. Richard Handrick ,
approximately fifty-two and 5/10ths (52 . 5) feet;
SOUTHEASTERLY: by land now or formerly of Bernard, fifteen (15) feet ;
together with the benefit of and subject to a right of way ten (10) feet
wide extending from a way which runs along the rear of Lot No. 37 as
shown on plan recorded at Book of Plans 3 , Plan 45, in Essex South
District Registry of Deeds and of which lot the granted premises are a
part , and running Northeasterly through the center of said Lot No. 37
to the highwater mark. Five (5) feet of said way being along the
Southeasterly side of the herein granted premises.
Being the same premises conveyed to me by deed of Marie L. Day, dated
July 20, 1979 and recorded in the Essex South District Reqistry of
Deeds in Book 6618, Page 569 .
PARCEL 2: The land in Salem, Essex County, Massachusetts, bounded and
est erred as follows :
Being Lots No. 24 and 25 located on Wyman AVenue and containing approxi-
mately 11, 705 square feet .
Beinq the same premises conveyed to me be deed of Marie L . Day, dated
July 20 , 1979 and recorded in the Essex South District Registry of Deeds
in Book 6618 , Page 569 . ._
jolfnros .......my.hand and "seal this ...........17th..... day of ....Ju1...... ... ... 19 9
........................................................................ Alber C . Day
........................................................................
......................................................I.. .......
...................................................................
...........................................I.........................
04p (&jtmmVnwr0l2l) of Siallwarl)ueefU;
Essex , as. July 17 ,' 1979
Then personally appeared the above named Albert C . Day
and acknowledged the foregoing instrument to be �{s free and deed,before me
........................
Anthony Ran zo Nof ybtir-7asrtrn�terear
Nly commission expires July 18 , i9 79
(aIndividual—Joint Tenants — Tenants in Common—Tenants by the Entirety.)
CHAPTER 183 SEC.6 AS hMNDLD 13Y CHAPTER 497 OF 1969
Every deed presented for record sbdl contain or have endorsed upon it the full name, residence and post office address of the grantee
sod a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not dclivered
for a spedfic monetary sum. The full consideration shall mean the tool putt for the conveyance without deduction for any liens or
encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed,
Failure to comply with this section shall not affect the validity of any decd. No register of deeds shall accept a deed for recording unless .
it is in compliano, with the requirements of this section.
FSSF,l SS . RECDRDED,��P�,a 7 �97p //05l• PAST
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BK 6631 PG724
MASSACHUSETTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881
I , Albert C . Day
of North Andover, Essex County,Massachuserts
being Married, for consideration paid, and in full consideration of One Dollar ($1 . 00)
grants to Albert C . Day and Dorothy G. Day of 55 Marbleridge Road , Nortif
Andover, Massachusetts as they are trustees of the Albert and Dorothy
2Rx Day Realty Trust , under Indenture of Trust KkkX1 7ID{XLtl)CX=b1
dated February 17 , 1976 and recorded with the Essex South District
R112ist of Deeds, Book 6262 , Page 273 with QUITCLAIM COVENANTS
(Description and encumbrances,if any)
Two certain parcels of land located in Gloucester more particularly
bounded and described as follows:
PARCEL 1: That part of Gloucester, Essex County, Massachusetts,
nous West Gloucester, bounded and described as follows:
NORTHEASTERLY: by land formerly of the grantor, fifty-two and 5/10th
(52 . 5) feet;
NORTHWESTERLY: by land now or formerly of Muros, fifteen (15) feet ;
SOUTHWESTERLY: by other land now or formerly of G. Richard Handrick ,
approximately fifty-two and 5/10ths' (52 . 5) feet;
SOUTHEASTERLY: by land now or formerly of Bernard, fifteen (15) feet
together with the benefit of and subject to a right of way ten (10) fee
wide extending from a way which runs along the rear of Lot No. 37 as
shown on plan recorded at Book of Plans 3 , Plan 45, in Essex South
District Registry of Deeds and of which lot the granted premises are a
part , and running Northeasterly through the center of said Lot No. 37
to the hiqhwater mark. Five (5) feet of said way being along the
Southeasterly side of the herein granted premises.
Being the same premises conveyed to me by deed of Marie L. Day, dated
Julv 20 , 1979 and recorded in the Essex South District Registry of
Deeds in Book 6618, Page 569.
PARCEL 2 : The land in Salem, Essex County, Massachusetts, bounded and
es3�d as follows:
Being Lots No. 24 and 25 located on Wyman AVenue and containing approxi
mately 11 , 705 square feet.
Being the same premises conveyed to me be deed of Marie L. Day, dated
July 20, 1979 and recorded in the Essex South District Registry of Deed
in Book 6618 , Page 569.
Wllnree.......myhand and "seal this ..... .....17 th
........ day of ....Ju l.y.......... 19 7 9
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........................................................................ ./��.� ice. .( ... .
Albert C. Day
........................................................................ .............................................................. . .....
........................................................................ .................................................................
cXt hr Tom;nnnulrulill of Maosarlluartto
Essex , ss. July 17 , 1979
Then personally appeared the above named Albert C. Day
and acknowledged the foregoing instrument to be �s free and deed, before me
s� ..................... . .
Anthony Ran zo Nott pbt)r-7 aslrcrofVT?eacr
Aly comm ssion expires July 18 , 19 79
('Individual — Joint Tenants — Tenants in Common—Tenants by the Entirety.)
CHAPTER 183 SFC.6 AS AMENDLD BY CHAPTER 497 OF 1969
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee
and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not detivered_
for a specific monetary sum. The full consideration shall mean the tout price for the conveyance without deduction for any liens or
encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of rhe deed. -
Failure to comoly with this section shall not affect the validity of any decd. No register of deeds shall accept a deed for recording unless
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CITY
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a . Y
OF
MASSACHUSETTS 01970
a • From The Office Of
ASSESSORS 19
RE: Marie L. Day
F
The above
purchased land
at 5 Wyi6n Ave.
(Map 2 Lot 14) from the City of Salem and
went on our records as assessed owner in 1955.
ver
Marie L. Day ne
owned property known
h'
3 Wyman property
known as 5 Wyman St. (Map 2 Lot, 15) according3
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to the records in this office.
Very truly yours,
Assessors' Office
Cecilia B. Jennings
Principal Clerk
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NG 105 PG574
REG. k UN<DU. LAND
SEE DOC. N0. /f/Js
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I, Elmer R. Varney, ADMINISTRATOR of the ESTATE of-Marion T. Varney,
sometimes known as Mary T. Varney by power conferred by license dated
October 17, 1973, Essex Probate Court No. 315856 and every other
power,
for one thousandDollars e F cti � � ,rs,. Y C-- .1yy
paid, grant to Arthur N. Zetes .,,Trustee of the A. Z. Realty Trust under a
Declaration of Trust, dated. Jul 16, 1962, and recorded with Essex South
District eglstr of Deeds Book 9
c...�� b, Y , k 4. 56, Page 182.o&Pd
of 471 Highland Avenue, Salem, Essex County, Massachusetts
three certain parcels of land situate in Salem in the County of Essex
and said Commonwealth,bounded and described as follows:
1st: SOUTHEASTERLY by Wyman Street one hundred thirty and 21/100
(130.21) feet;
SOUTHERLY by Wyman Avenue seventy one and 13/100 (71.13) feet;
NORTHWESTERLY one hundred six and 73/100 (106. 73) feet, and
SOUTHWESTERLY sixty (60) feet by lot 25, as shown on plan
'^ hereinafter mentioned;
1 NORTHWESTERLY by lot 23, as shown on said plan, fifty (50) feet and .
NORTHEASTERLY by lot 21, as shorm on said plan, one hundred twenty
` seven and 21/100 (127. 21) feet.
I ! All of said boundaries are determined by the Court to be located as
shown upon plan numbered 7159-B, drawn by Eastman & Bradford, Surveyors,
a�E dated May 1, 1918, as modified and approved by the Court, filed in the
h Land Registration Office, a copy of a portion of which is filed with
original Certificate of Title #3862 in said Registry, and the above
N described land is shown as lots #22 and 26, sheet 4 , thereon,
2nd: NORTHWESTERLY by Wyman Street sixty seven and 77/100 (67.77) feet;
NORTHEASTERLY by lot 35, as shown on said plan, one hundred fifty
(150) feet;
SOUTHEASTERLY by lot 39, as shown on said plan, fifty eight and
63/100 (58. 63) feet; and
SOUTHWESTERLY by lot 33, as shown on said plan, one hundred fifty
and 28/100 (150.28) feet.
Being shown as lot #34, sheet 4, on said plan. :",c,F L�c„r, of
square ems,.rf ee r, do• 33 f7S PfTc,l +S
3rd: About 7, 361/feet of land on Wyman Avenue, being Lot 28, Plan of
Salem Heights, Sectic,n 1.
So much of the above described land as is included within the limits of
Wyman Street and Wyman Avenue is subject to its use by all persons
lawfully entitled thereto, as described in Certificate of Title 438620
and there is appurtenant to the said above described land the right to
use all the streets and ways shown on said plan, in common with others
entitled thereto.
For title reference to the 3rd above parcel see deed recorded with
Essex South District Deeds, Book 5128, Page 99.
WITNESS.00mry„1 � 4 and seal this. . . . �l�� . . .day of. Yl�?L•, n,k, . . .1973
LAND COURT ((//
APPROVED FOR REGISTRATION
Administrator ot the esta of
Marion T. Varney,a/k/a Mary T. Varney
By xCO.
e Exam .4MONWEALTH OF MASSACHUSETTS
ChieY 1'iyl
s s. . -.��....W�!ry Z j -1.9.7-3
Then personally appeared the above named Elmer R �Var eyAand
acknowledged the foregoing instrument to be his free act and deed,
before me
CrIfAMONWFALTH OF 11A 7^.1 ` ,TTS
rtry,- l)C� c:^, t ,` .-,. . ...,+ s Notary Pu Ic ;$
O .., , fit "� � -- ., '.:
My commission expires 7i��+�cf�7i971
Es.ix SS. RECORDED P..�-Z4 ig .
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