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14 STORY STREET - DENIAL LETTER CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 98 WASHINGTON STREET,2ND FLOOR TEL. (978) 745-9595 KIMBERLEY DRISCOLL THOMAS ST.PIERRE MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONE. May 25,2021 Castle Hill Group L.L.0 14 Story street Salem Ma.01970 Dear Trustees, You have submitted two permit applications seeking to construct two foundations for two single family dwellings. One of the dwellings is proposed to be located on a lot comprised of lots 129-149 as shown on the plan entitled "plan for a subdivision of Castle Hill Couronnement",prepared by Harlan P.Kelsey,dated June 30, 1915,and recorded in the Essex South District Registry of deeds in Plan Book 27,Plan 30(the"plan")and the other dwelling is proposed to be of lots 150,151,and a portion of 152.You are proposing to use Cleveland Street as the frontage for each of the two lots.All references herein to lots and ways are to those lots and ways shown on the Plan. I am hereby denying your said applications.My reasons for denying your said applications include,but are not limited,to the following: 1. The applications are for two homes on one lot 2. It is my understanding that you own lots 129-151,a portion of lot 152,the park,the playground,St.Anne Park and the extension of Cleveland Street running between lots 149 and 150. In my opinion,G.L.c41 ,section 81 FF,applies to such land and a new definitive subdivision plan must be approved by the Planning Board before building lots and the way(s)providing access and frontage to those lots can be created and developed.I note that on October 10,2007,a plan entitled"plan of The Land in Salem Ma" prepared by Hancock Associates,was recorded in the said Registry in Plan Book 410,Plan 16,showing said land as one large parcel and containing the note that the parcel is"not a legal building lot by itself' 3. Even if G.L c41 ,section 81FF did not apply,you have not provided me with sufficient information or documentation evidencing that Cleveland Street running between lots 149 and 150 has not merged with those lots.To the extent that Cleveland Street has merged with those lots,it is my opinion that Cleveland Street cannot serve as frontage for those lots.In addition,I note that your attempt to use Cleveland Street as frontage also appears to be inconsistent with the definitive subdivision plan that you recently submitted to the Planning Board. 4. Even if G.L.c4l,section 81FF did not apply and Cleveland Street could serve as adequate frontage,as to the proposed lot comprised of lots 150,151 and a portion of lot 152,it is my opinion that the said lot is not buildable because it was made smaller and more nonconforming by virtue of the deed recorded at said registry on Octoberl0,2007 in Book 27243,page 145.At a minimum,in 2007 a lot comprised of lots 150,151 and a portion of 152 lacked the minimum lot area required by the City's Zoning Ordinance CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 98 WASHINGTON STREET,2ND FLOOR TEL. (978) 745-9595 KIMBERLEY DRISCOLL THOMAS ST.PIERRE MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONEI You have the right to Appeal this decision to the Zoning Board of Appeals within 30 days pursuant to G.L.c40A sections 8 and 15 Sin lAy, Thomas St.Pierre