30 ALBION STREET - BUILDING JACKET O'Esselte
74520 400/6 P4
J
30 ALBION STREET 421-10
GIS#: 2395 COMMONWEALTH OF MASSACHUSETTS
Map: 15
Block: CITY OF SALEM
Lot: 0234
Category: REPA82IREPLACE
Permit# 421-10 BUILDING PERMIT
Project# JS-2010-000641
Est.Cost: $21,750.00
Fee Charged: $159.00
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor. License: Expires
Use Group: - Tom Tremblay STATE-072713
Lot Slze(sq. ft.): 2789.1468
Zoning: RI Owner: CORNEAU KENNETH A,CORNEAU PATRICIA A
Units Gained: Applicant: Tom Tremblay
Units Lost: AT. 30 ALBION STREET
Dig Safe#:
ISSUED ON. 02-Dec-2009 AMENDED ON. EXPIRES ON: 02-May-2010
TO PERFORM THE FOLLOWING WORK.
REMOVE BACK DECK FRAME,SMALLER DECK,BUILD MUDROOM 9'X7 jbh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water. Alarm:
Assessor Treasury:
Sewer: - Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2010-000742 02-Dec-09 1526 $159.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
0030 ALBION STREET P278-2003
COMMONWEALTH OF MASSACHUSETTS
CITY OF SALEM
GIS#: 2395
Map: 15
Lot: 0234 PLUMBING PERMIT
Lot:
Permit: Plumbing
Category: REPAHUREPLACE
Permit# P278-2003 PERMISSION IS HEREBY GRANTED TO:
Project# JS-2003-001605
Est. Cost-. $0.00- Contractor: License: Expires
Fee Charged:1$25.00 Lyons Plumbing&Heating Plumber-#20366 -J
Balance Due:$.00 Owner: CORNEAU KENNETH A
#of Fixtures I Applicant. CORNEAU KENNETH A
AT: 0030 ALBION STREET
ISSUED ON: 20-Mar-2003 AMENDED ON: EXPIRES ON: 18-Sep-2003
TO PERFORM THE FOLLOWING WORK:
P278-2003 RENOVATE 2ND FL BATH FIXTURES, JLC
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF
ITS RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
PLUMBING REC-2003-001754 18-Mar-03 3226 $25.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
0030 ALBION STREET 569-2003
GIS#: 2395 COMMONWEALTH OF MASSACHUSETTS
Map: 15
Block: CITY OF SALEM
Lot: 0234
Category: REPAUVREPLACE
Permit# 569-2003 BUILDING PERMIT
Project# JS-2003-001530
Esta Cost: $9,000.00
Fee Charged: $59.00
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor. License: Expires
Use Group: Tom Tremblay STATE-072713 .
Lot Size(sq. ft.): 2789.1468
Zoning: Rl Owner: CORNEAU KENNETH A
Units Gained: Applicant: CORNEAU KENNETH A
Units Lost: AT: 0030 ALBION STREET
Dig Safe#:
ISSUED ON. 07-Mar-2003 AMENDED ON: EXPIRES ON. 07-Sep-2003
TO PERFORM THE FOLLOWING WORK.
569-2003 BATHROOM REMOVELING. FRD
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chinmey:
D.P.W. Fire Health
Insulation:
Meter: Oil: - -
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2003-001669 07-Mar-03 CASH $59.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
e
This Notice filed with the Salem City Clerk on:
2009 AUG I I P k 21
NOTICE OF ACTION OF ZONING APPEAL CITY
UNDER MASS. GENERAL LAWS
CHAPTER 40A. SECTION 17
Property: Land and buildings known as 30 Albion Street, MA
Record Owners: Kenneth A. Comeau and Patricia A. Comeau
Zoning Decision
Appealed: This an appeal of the Decision of the City of Salem Board of
Zoning Appeal dated July 28, 2009, said Decision having been filed with
the Salem City Clerk on July 28, 2009.
The Appellants are: Sally A. Butler and Paul G. Butler, Sr., both as Trustees of The Thirty
Two Albion Street Realty Trust, all as more specifically identified in the
Verified Complaint referred to hereafter
Land Court Case: A Verified Complaint appealing the Zoning Board's Decision pursuant to
Mass. General Laws Chapter 40A Section 17, was filed with the
Massachusetts Land Court on August 11, 2009 and docketed by the Court
as Miscellaneous Case No. 09-MISC 407991-CWT.
A copy of the Complaint as filed with the Land Court is attached hereto.
This Notice Filed bv: William F. Quinn, Esq.
Tinti, Quinn, Grover& Frey, P.C.
27 Congress Street, Suite 414
Salem, MA 01970
(978) 745-8065
Counsel for the Plaintiffs Sally A. Butler and Paul G. Butler, Sr., Trustees
f;li" 3 c i?;,lt� T
tit r�
20 A')u I 1 0 1: 21
09 Au- ! I A� 10: 06
0l �MM,1V10 VVJ. AL JJ OF MASSACHUSETTS
ESSEX, SS. LAND COUP09 T Mise ao�TM991 T N II
CIVIL ACT IIIIIIIIIIIIIIIIIIIIII�IIIIIIuIIIIIII�IIIIIIIIIVIII�IIIIIIIIIIIIIIIVII�II
WT
SALLY A. BUTLER AND Butler, SallyA
PAUL G. BUTLER, SR.,
BOTH AS TRUSTEES OF THE
THIRTY TWO ALBION STREET
REALTY TRUST,
Plaintiffs
V. VERIFIED COMPLAINT
ROBIN STEIN, REBECCA CURRAN,
RICHARD E. DIONNE, BETH DEBSKI
BONNIE BELAIR, JIMMY TSITSINOS AND
ANNIE.HARRIS, as they are Members of and
Constitute the City of Salem Board of
Zoning Appeal
and
KENNETH A. CORNEAU AND
PATRICIA A. CORNEAU,
Defendants
INTRODUCTION
1. This is an appeal pursuant to M.G.L. Chapter 40A, Section 17, of a Decision of the
City of Salem Board of Zoning Appeal (hereinafter referred to as the "Zoning Board") acting as
the Variance Granting Authority under the Salem Zoning Ordinance, wherein the Board of
Appeals exceeded its authority by granting certain variances to Defendants, Kenneth A. Comeau
and Patricia A. Comeau (property owners). The variances granted allow for a deviation from
required maximum lot coverage, and from the applicable front, side and rear yard setback
requirements, to allow the defendants to construct a non-conforming garage and breezeway to be
attached to their two-family dwelling. The Board exceeded its authority by granting such
Variances without adequate, factual or legal grounds, and the Plaintiffs, who are immediate
abutters, seek to have the Court annul that Decision.
2. An attested copy of the Decision of the Zoning Board of Appeal, which was filed with
the City of Salem City Clerk on July 28, 2009, is attached hereto as Ex. 1.
PARTIES AND JURISDICTION
3. The Plaintiffs, Paul G. Butler and Sally A. Butler are the Trustees of The Thirty Two
Albion Street Realty Trust u/d/t dated January 4, 2002 and recorded at Essex South District
Registry of Deeds at Book 18154, Page 278 (the "Plaintiffs"). A copy of that Declaration of
Trust is attached hereto as Ex. 2.
4. The Plaintiffs reside at 32 Albion Street, Salem, MA (the Plaintiffs' Property), and
own that Property pursuant to the deed of Sally A. Butler to them dated January 4, 2002,
recorded at said Registry Book 18154, Page 282, a copy of which is attached hereto as Ex. 3.
5. The Plaintiffs' Property consists of a single-family dwelling with a detached garage on
a parcel of about 5,500 of land, which Property is located in the R-1 (Single-Family) Zoning
District under the City of Salem Zoning Ordinance and Map.
6. Defendants Kenneth A. Comeau and Patricia A. Comeau (the"Defendants") are a
married couple who own and reside at the premises known as 30 Albion Street, Salem, Essex
County, MA (the "Defendants' Property")pursuant to the deed of Thomas J. Leahey and Claire
Y. Leahy dated July 18, 1994, recorded at said Registry Book 12667, Page 175, a copy of which
deed is attached hereto as Ex. 4.
7. The Defendants' Property consists of a two-family residential dwelling located on a
parcel of about 2,789 sf of land, which is also located in the R-1 (Single Family) Residential
Zoning District under the City of Salem Zoning Ordinance and Zoning Map.
8. The Plaintiffs and Defendants are direct abutters, and share a common boundary line.
A copy of a portion of City of Salem Assessor's Map 15 showing the abutting properties is
attached hereto as Ex.5.
9. Defendant Robin Stein is a member of the Salem Board of Zoning Appeal who resides
at 141 Fort Avenue, Salem, MA, who is sued in her capacity as a Board member and not
individually.
10. Defendant Rebecca Curran is a member of the Salem Board of Zoning Appeal who
resides at 14 Clifton Avenue, Salem, MA, who is sued in her capacity as a Board member and
not individually.
11. Defendant Beth Debski is a member of the Salem Board of Zoning Appeal who
resides at 43 Calumet Street, Salem, MA, who is sued in her capacity as a Board member and not
individually.
12. Defendant Bonnie Belair is a member of the Salem Board of Zoning Appeal who
resides at 102A Wharf Street, Salem, MA, who is sued in her capacity as a Board member and
not individually.
13. Defendant Richard Dionne a member of the Salem Board of Zoning Appeal who
resides at 23 Gardner Street, Salem, MA, who is sued in his capacity as a Board member and not
individually.
14. Defendant Annie Harris is a member of the Salem Board of Zoning Appeal who
resides at 28 Chestnut Street, Salem, MA, who is sued in her capacity as a Board member and
not individually.
15. Defendant Jimmy Tsitsinos is a member of the Salem Board of Zoning Appeal who
resides at 6C Wharf Street, Salem, MA, who is sued in his capacity as a Board member and not
individually.
16. The defendant members of the Salem Zoning Board of Appeals are collectively
referred to herein as "the Zoning Board".
17. The Land Court has original jurisdiction of land disputes, including this zoning
appeal, for parties and land in all counties of Massachusetts, pursuant to M.G.L.
Ch. 40, Sec. 17.
STATEMENT OF THE CASE:
ALLEGATIONS OF FACT AND LAW
18. By Petition filed with the Zoning Board on June 16, 2009, defendant Kenneth A.
Comeau (presumably for himself, and as agent for his wife defendant Patricia A. Comeau)
requested Variances from the applicable provisions of the City of Salem Zoning Ordinance (the
"Zoning Ordinance") as to maximum lot coverage, and as to the minimum front, side and rear
yard setback requirements of the Zoning Ordinance, which would then allow them to construct
and occupy an attached 14' x 20' one-story garage and breezeway that would otherwise be non-
conforming as to all such requirements. A copy of the Defendants' Petition is attached hereto as
Ex. 6.
19. The Salem Board of Zoning Appeal conducted a public hearing on the Defendants'
Petition on July 15, 2009.
20. At the hearing, the Defendants submitted a plan entitled "Proposed Breezeway &
Garage, Salem, Massachusetts, Plan of Land Prepared for: Kenneth and Patricia Comeau, 30
Albion Street", prepared by Reid Land Surveyors, dated June 9, 2009 (the Proposed Plan"),
which illustrates the"Proposed Garage", its dimensions of 14' x 20', and the non-conformities
for which Variances were requested, as follow:
Ordinance Requires: Variance Requested:
Lot Coverage: Maximum of 30% to allow 40%
Front Yard depth: Minimum of 15 feet to allow 7.5 feet
Side Yard width: Minimum of 10 feet to allow 4.8 feet
Rear Yard depth: Minimum of 30 feet to allow 27.5 feet
A copy of the Proposed Plan is attached hereto as Ex. 7.
20. At the public hearing, the only evidence that the Defendants presented to justify the
Variances related not to the Defendants' Property, but to the personal health of Defendant
Kenneth A. Comeau, and of his mother-in-law, who also resides at the Defendants' Property.
The Defendants submitted a letter to the Board dated June 1, 2009 in which they state:
"We are caring for our elderly mother, who throughout the year makes frequent trips to
doctor appointments and the hospital. In the winter months and inclimate weather, it is
difficult to get her in and out of the car. The attached garage as described would allow us
to easily transport her to and from her appointments, lessening her chance of falling."
A copy of this letter is attached hereto as Ex. S.
The Defendants also submitted a letter dated July 8, 2009 from James A. Russell, DO,
Lahey Clinic, stating:
"TO WHOM IT MAY CONCERN
I am writing on behalf of my patient, Mr. Kenneth Comeau, who is afflicted with
genetically proven ocular pharyngeal muscular dystrophy."
The letter was accompanied by one page from an unattributed source listing symptoms
this disease.
Copies of the letter and the list of symptoms are attached hereto as Exs. 9 and 10.
21. This evidence submitted by the Defendants was irrelevant to the Board's Decision,
because by law, a variance may be based "only upon circumstances which directly affect the real
estate and not upon circumstances which cause personal hardship to the owner." Huntington v.
Zoning Bd. of Appeals of Hadley, 12 Mass. App. Ct. 710, 715, 428 N.E.2d 826, 829 (1981); see,
e.g., Wynn v. Board of Appeals of Saugus, 358 Mass. 804, 263 N.E.2d 440 (1970) (rescript)
(financial duress due to disability and need to support large family); Aronson v. Board of
Appeals of Stoneham, 349 Mass. 593, 594, 211 N.E.2d 228, 229 (1965) (invalid child).
The health of the landowner, his or her financial situation, and any other considerations
unrelated to the underlying real estate are irrelevant to the board's inquiry into the question of
substantial hardship. Paulding v. Bruins, 18 Mass. App. Ct. 707, 711, 470 N.E.2d 398, 400-01
(1984); see also Mitchell v. Board of.Appeals of Revere, 27 Mass. App. Ct. 1119, 537 N.E.2d
595 (1989).
22. The Defendants submitted no evidence whatsoever to the Board that owing to
circumstances relating to the soil conditions, shape,or topography of the land or structures and
especially affecting their land or structures, but not affecting generally the zoning district in
which it is located, a literal enforcement of the Zoning Ordinance would involve a substantial
hardship, financial or otherwise, to the Defendants.
23. Plaintiff Paul G. Butler, Sr. appeared at the hearing, and spoke in opposition to the
petition, citing numerous concerns, including the fact that the garage would be constructed only
4.8 feet from his property line and a large propane tank that he legally maintains immediately
behind the fence, which could cause the severe safety hazard in case of fire in the proposed
garage.
24. The twenty-foot long wall of Defendants' proposed garage will run along and will be
set back only 4.8 feet from the common boundary line with the Plaintiff, which will invade
Plaintiffs' privacy, and will completely block and obstruct light and air, and the views of the
streetscape that Plaintiffs presently enjoy from the living areas and master bedroom of their
home. Plaintiffs believe that with the garage and breezeway being constructed so close to the
boundary line, it is likely to cause noise, trash and artificial light(from cars and outdoor lighting
fixtures) to spill over onto and invade Plaintiffs' Property.
25. If 40% of the lot is covered by structures, and with the additional paving for a
driveway to serve the proposed garage and breezeway, Plaintiffs believe that it is likely to cause
excess surface water runoff onto Plaintiffs' Property, damaging Plaintiffs' land and flooding
their basement which has a fieldstone foundation.
26. Plaintiffs believe that the garage and breezeway are likely to cause the Plaintiffs to
suffer traffic and parking congestion, and exhaust pollution.
27. Plaintiffs believe that the garage and breezeway are likely to cause a real and
quantifiable loss in the fair market value of the Plaintiffs' Property.
28. These negative impacts will cause specific and identifiable harm to the Plaintiffs'
property rights and legal interests that are unique and different from the interests of the
community in general.
29. At the Zoning Board's public hearing, the elected City Councilor representing the
neighborhood spoke in opposition to the Defendants' Petition.
30. A written statement opposing the Petition and signed by fifteen (15)neighbors was
filed with the Zoning Board. A copy of that signed statement is attached hereto as Ex. 11.
31. After closing the public hearing, the Zoning Board voted 5-0 to approve the
Variances.
32. On July 28, 2009 the Board's Decision was filed with the Salem City Clerk. An
attested copy of that Decision, as filed with the City Clerk is attached hereto as Ex 1
33. The Plaintiffs are parties aggrieved by the Decision of the Zoning Board of Appeals
within the meaning of M.G.L. Chapter 40A.
34. As direct abutters, the Plaintiffs are presumed by law to be"aggrieved", and to have
standing to appeal this Decision.
35. The reasons recited by the Zoning Board in the Decision are legally insufficient and
not a valid basis for the granting of the variances.
36. The Zoning Board had no evidentiary basis to find, and did not find in the Decision,
that circumstances directly affecting the Defendant's real estate, its soil conditions, shape, or
topography especially affect the Defendants' land and structures such that a literal enforcement
of the Zoning Ordinance would involve a hardship, financial or otherwise to the Defendants.
37. The Decision of the Zoning Board was unsupported in fact or law, was arbitrary,
capricious, exceeded the Zoning Boards' authority, and should therefore be annulled.
REQUESTS FOR JUDGMENT AND RELIEF
WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter judgment for
the Plaintiffs and against all Defendants as follow:
1. that the Zoning Board had no adequate factual evidence or legal grounds to support
the Petition of the Defendants for the Variances to construct the garage and breezeway, and the
Zoning Board is directed to deny the Petition;
2. the Zoning Board's Decision was arbitrarily, capricious, exceeded the Board's
authority, and the Decision is therefore ANNULLED;
3. if the Court finds that the Defendants (Comeaus)have defended this case frivolously
and without any reasonable cause, then the Court award the Plaintiffs their court costs, costs of
action including expert witness fees and their reasonable attorneys fees against the Corneaus; and
4. such other relief as the Court deems appropriate.
Respectfully submitted,
Sally A. Butler and
Paul G. Butler both as Trustees
Of The Thirty Two Albion Street
Realty Trust
By their attorney,
William F. Quinn
BBO No. 409300
Tinti, Quinn, Grover& Frey, P.C.
27 Congress Street, Suite 414
Salem, MA 01970
(978) 745-8065
Email: williamfquinngaol.com
VERIFICATION
The undersigned, being duly sworn, depose and say:
I have read the foregoing complaint and know the contents thereof, and the factual
allegations therein are true of my own knowledge, except as to any matters stated on information
and belief, which I believe to be true.
41A. Butler Paul G. Butler, Sr.
Subscribed and swom to before me on this 7th day of August, 2009.
Notary Public _\orcti
My commission expires:
ZONE: R1 RESIDENTIAL ONE FAMILY
PROPOSED BREEZEWAY & GARAGE
EXISTING LOT COVERAGE = 28% or
PROPOSED LOT COVERAGE = 40% 8
"I CERTIFY THAT THE DWELLING ISREID
LOCATED AS SHOWN." No. zx
LOT A 4
N/F 2,789 f S.F. RALFFH W. REID P.L.S.
JOANNE ATKINSON &
SUZANNE DZIADYK NOTE: THIS PLAN WAS PREPARED
PARCEL ID 15-0236-0 FROM A TAPE SURVEY.
RECORD OWNERS:
IN KENNETH A. CORNEAL!
SHED-i t DQ PATRICIA AN
CORNEAU
SHED U rua
51.07 BOOK 12667 PAGE 175
4_ N/F
4.4.1 DECK SALLY & GRAPHIC SCALE
N/F ai m PAUL BUTLER
KENNETN & u PARCEL ID 15-023}0
PATRICIA CORNEAL PROD
BR OPSE EZWA m
PARCEL 10 15-0233-0 N 18' 4.8'1 m
( IN F&67 )
fu I Inch a 20 }L
u
2 1/2 SRNtt'
NNS ED 4 #32 SALEM , MASSACHUSETTS
/ze
W-4K PLAN OF LAND PREPARED FOR:
3.T1 50.00' KENNETH & PATRICIA CORNEAU
30 ALBION STREET
ALBION STREET PARCEL ID 15-0234-0
REID LAND SURVEYORS
365 CHATHAM STREET L
LYNN, MASSACHUSETTS
.R09-069
LTS DATE: JUNE 9, 2009 SCALE: 1"=20'
0
�oNw,,r�.� CITY OF SALEM, MASSACHUSETTS
BOARD APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
�r - TELEPHONE: 978-745-9595
FAX: 978-740-9846 1009 AL 23 P 3
KIMBERLEY DRISCOLL II L1
MAYOR
t11 �
C11
July 28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of KEN CORNEAU, seeking Variances from maximum lot coverage and
minimum front, side and rear yard setbacks, to allow for the construction of a 14' x
20' one-story garage and breezeway attached to the house on the property at 30
ALBION STREET, Salem,MA, in the Residential One-Family Zoning District(R-
1).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-4, Table I:
Residential Density Regulations.
Statements of fact:
1. Jesse Tremblay, a contractor working on the project,presented the petition. The
owner and petitioner,Ken Comeau, and his wife Patricia Comeau,were also present.
2. In a petition dated June 16,2009,the petitioner requested Variances from lot
coverage and minimum front,side and rear yard setbacks,to allow for the
construction of a 14'x 20'one-story garage and breezeway attached to an existing
house.
3. A public hearing on the above mentioned Petition was opened on July 15, 2009,
pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on
July 15, 2009, with the following Zoning Board of Appeals members present: Robin
Stein (Chair),Richard Dionne,Beth Debski,Annie Harris, Bonnie Belair(alternate),
and Jimmy Tsitsinos (alternate).
4. A statement of hardship was submitted with the application, stating that the garage
was needed to help accommodate the health conditions of two residents of 30
Albion Street,since travel into and out of the car in the winter was difficult. A letter
from Mr. Comeau's physician was also submitted confimung he has ocular
pharyngeal muscular dystrophy.
5. At the hearing, Ward 4 Councillor Jerry Ryan spoke in opposition to the project,
stating the proposed garage would be too close to abutters in an already crowded
neighborhood. Another resident also opposed the project,citing concerns that it
would be too close to the propane tank on his properly, He gave the Board a
petition with 15 signatures of residents opposing the project.
2
6. At the hearing,some Board members stated that the propane tank would likely be
safer if the cars at 30 Albion St. were parked inside the proposed garage rather than
outside.
7. At its meeting on July 15, 2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant a Special Permit under§6-4, Table I: Residential Density
Regulations.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted,makes the following
findings:
1. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district. The small size
of the lot make it difficult to adhere to the dimensional requirements of the R-1
zone.
2. Literal enforcement of the provisions of this ordinance would involve substantial
hardship, financial or otherwise, to the appellant. Two residents of 30 Albion
Street have health conditions that create difficulties in transportation, which
justifies the relief requested.
3. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance. The proposed garage would be located far enough away
from the abutters' home that the project would have minimal impact on the
neighbors.
4. The applicant mayvarythe terms of the Residential One-Family District to construct
the proposed development, which is consistent with the intent and purpose of the
City of Salem Zoning Ordinance.
5. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to,the Plans, Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for the construction of the garage and breezeway as proposed, the
requested Variances from dimensional requirements for structures in the Residential
One-Family zone are granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Harris,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for
Variances subject to the following terms, conditions, and safeguards:
e
3
1. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
�o .n Sl1-LD t.n
R—oobm Stemn, C hair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts
General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the
office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section
11,the Variance or Special Permit granted herein shall not take effect until a copy of the
decision bearing the certificate of the City Clerk has been filed with the Essex South Registry
of Deeds.
rr rr
p DECLARATION OF TRUST 01/07/2002 13:00:00 DNTR o 278
ESTABLISHING
THE THIRTY Two ALBION STREET REALTY TRUST
PAUL G. BUTLER, SR. and SALLY A. BUTLER, both of Salem,
Essex County, Massachusetts, hereby declare as Trustees that any
and all property and interest in property that may be acquired
hereunder (the "Trust Estate") shall be held in trust for the
sole benefit of the beneficiaries for the time being hereunder,
r upon the terms herein set forth. The term "Trustee" wherever
used herein shall mean the Trustee named herein and such persons
who hereafter are serving as Trustee or Trustees hereunder. The
rights, powers, authority and privileges granted hereunder to the
Trustee shall be exercised by such person or persons subject to
the provisions hereof .
I . The trust hereby established may be referred to as
TER THIRTY TWO ALBION STREET REALTY TRUST.
II. The term "beneficiaries" wherever used herein shall
mean the beneficiaries listed in the Schedule of Beneficial
Interests this day executed and filed with the Trustee, or in a
Revised Schedule of Beneficial Interest, if any, from time to
time executed and filed with Trustee. The Trustee shall not be
affected by transfer of any beneficial interest until receipt by
the Trustee of notice that such transfer has in fact been made
and a Revised Schedule of Beneficial Interest has been duly
executed and filed with the Trustee. A Trustee may without
impropriety be a beneficiary and exercise all rights of a
w beneficiary with the same effect as though he or she was not a
H
Trustee.
m
HIII. The Trustee shall hold the principal of this Trust and
receive the income therefrom for the benefit of the beneficiaries,
wand shall pay the income to the beneficiaries in proportion to
H
their respective interest prior to the conclusion of each calendar
F. year.
w
a IV. The Trustee may open, maintain and, at will, close out
r any checking and savings accounts and safe deposit boxes in any
a bank or other financial institution. The Trustee may deposit
funds and other assets of the Trust in such institutions and such
safe deposit boxes, and may disburse such funds on checks signed
H o by the Trustee or by any person authorized in writing by the
w a,
w a a Trustee to do so, and may withdraw such funds and other assets on
c instruments of withdrawal signed by the Trustee or by any person
L w c authorized in writing by the Trustee to do so. Each such
institution shall honor all checks and other instruments signed
H a by such person authorized to have access to such safe deposit
a boxes. Such institutions may rely fully on the Trustee's signed
a a authorization to do so, so filed by the Trustee with said
institution.
WMPPLB 6 MNG.PC.
,rmaev►.,uw V. Except as expressly provided in Paragraphs III and IV
hereof, the Trustee shall have no power to deal in or with the
Trust Estate except as directed by the beneficiaries. When, as,
s1LLot Mw 01►1"-L1l►
01q 1{►-SM9
,
if and to the extent specifically directed by the beneficiaries,
the Trustee shall have full power and authority, to buy, sell,
convey, assign, mortgage or otherwise dispose of all or any part
of the Trust Estate for such consideration (including nominal
consideration) as the Trustee may be directed by the
�Q beneficiaries (including without limitation the full power and
' authority to delegate to any person all power and authority to
sign checks, notes, and other instruments or orders for the
paymeosoevent, transfer or withdrawal of money for whatever purpose and
to whr payable, including those drawn to the individual
order of a signer, and all waivers of demand, protest, notice of
protest or dishonor of any check, note or other instrument made,
drn or endorsed in the name of the Trust) and as lessor or as
lessawee to execute and deliver leases and subleases, and to borrow
money and to execute and deliver notes or other evidence of such
borrowing, to execute and deliver guaranties of obligations of
others and to secure those guaranties with mortgages on the Trust
Estate, and to grant or acquire rights or easements and enter
into agreements or arrangements with respect to the Trust Estate,
including the execution of all types of contracts, agreements or
options, directly or indirectly, related to the development of
land and the construction of buildings. If directed by the
beneficiaries as provided herein, the Trustee may engage in self-
dealing, conveying any interest in the Trust Estate to
him/herself. The powers enumerated above shall include the power
to manage the trust property, keep it in good repair and fully
insured, pay the taxes, collect the rents and pay all the
mortgage indebtedness. Any and all instruments executed pursuant
to powers herein contained may create obligations extending over
any periods of time, including periods extending beyond the date
of any possible termination of the Trust . Notwithstanding any
provisions contained herein, no Trustee shall be required to take
any action which will, in the opinion of such Trustee, involve it
in any personal liability unless first indemnified to its
satisfaction. Whenever there is more than one Trustee of this
Trust, all powers of the Trustees may be exercised by any one
Trustee.
VI . The Trust may be terminated at any time by a majority
in interest of the beneficiaries by notice in writing to the
Trustee and the other beneficiaries. Termination shall be
effective when a certificate thereof signed and acknowledged by a
Trustee hereunder is recorded with the Registry of Deeds. The
Trust shall terminate in any event twenty-one (21) years from the
date hereof, unless extended by the vote of a majority in
interest of the beneficiaries. Upon termination, the Trustee
shall transfer and convey the specific assets constituting the
Trust Estate, subject to any leases, mortgages, contracts, or
other encumbrances, to the beneficiaries as tenants in common in
proportion to their respective interest hereunder.
VII. Any Trustee may resign by written instrument signed
and acknowledged by such Trustee and recorded with the Registry
WMWP
T^
E°` G '
UWW of Deeds. In the event of the death, incapacity or failure to
ATTpgILVf AT serve for whatever reason of PAUL G. BUTLER, SR. , the said SALLY Y PmpiAL A BUTLER shall be the sole Trustee. If SALLY A. BUTLER fails or
f1gFET
MIOL W OtYTD-!Mi
1891918788619 Bk;18181 Ag;179
2 01/07/2002 13:40:00 ONTR PO 214
ceases to serve for any reason, PAUL G. BUTLER, JR. , of Danvers,
Massachusetts, shall be the Successor Trustee. Succeeding or
additional Trustees may be appointed or any Trustee removed by an
instrument in writing signed by a majority in interest of the
beneficiaries. Such instrument or a certificate by any Trustee
naming the Trustee or Trustees appointed or removed, and in the
case of any appointment, the acceptance in writing by the Trustee
or Trustees appointed, shall be recorded with the Registry of
Deed:. Upon the appointment of any succeeding Trustee, the title
to the Trust Estate shall thereupon and without the necessity of
any conveyance be vested in said succeeding Trustee jointly with
the remning Trustee or Trustees, if any. Each succeeding
Trustee saihal
l have all the rights, powers, authority and
privileges as if named as an original Trustee hereunder. No
Trustee shall be required to furnish bond.
VIII . This Declaration of Trust may be amended from time to
time by an instrument in writing signed by a majority in interest
of the beneficiaries and acknowledged by such beneficiaries,
provided in each case that the instrument of amendment or a
certificate by any Trustee setting forth the terms of such
amendment shall be recorded with the Registry of Deeds.
IX. No Trustee hereunder shall be liable for any error of
judgment nor for any loss arising out of any act or omission in
good faith, but shall be responsible only for a willful breach of
trust. No license of court shall be requisite to the validity of
any transaction entered into by the Trustee.
X. Notwithstanding any of the other provisions of this
instrument to the contrary, if any, no purchaser, transferee,
pledgee, mortgagee, lender or other person, or entity contracting
with any Trustee shall be under any liability to see to the
application of the purchase money or of any money or property
loaned or delivered to any Trustee or to see that the terms and
conditions of the Trust have been complied with. Every contract,
lease, deed, mortgage, note, guaranty, check, or other instrument
of any kind executed or action taken by the Trustee regardless of
the adequacy of the consideration or whether or not constituting
self-dealing by the Trustee shall be conclusive evidence in favor
of every person relying thereon or claiming thereunder that at the
time of the delivery thereof or of the taking of such action this
Trust was in full force and effect, that such Trustee's execution
and delivery thereof or taking of such action was duly authorized
and directed by the beneficiaries, and that such instrument or
action taken is valid and legally enforceable.
XI. Any person dealing with the Trust Estate or any one
Trustee may always rely without further inquiry on a certificate
signed by a person appearing from the records of the Registry of
Deeds to be a Trustee hereunder as to who are the Trustees or the
beneficiaries hereunder or as to the authority of a Trustee or
the Trustees to act or as to the existence of any facts which
T^
�P`xG "'"`'uw
constitute conditions precedent to acts by the Trustee or which
♦rtonrays are in any other manner germane to the affairs of the Trust.
r FKOZ , sra¢r
was w 010704
OM 2802810719619 Sk;18154 Pg:2N
0110712002 13:60:00 DNTR PO 3!4
3
XII. ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER LEGAL
ENTITY DEALING OR CONTRACTING WITH THE TRUST OR ANY TRUSTEE OR
EXTENDING CREDIT THERETO SHALL LOOK ONLY TO THE ASSETS OF THE
TRUST ESTATE IN ORDER TO SATISFY ANY CLAIM, DEBT OR OBLIGATION OF
THE TRUST ESTATE OR TRUSTEE. NO TRUSTEE OR BENEFICIARY SHALL BE
PERSONALLY LIABLE AS AN INDIVIDUAL FOR SUCH CLAIM, DEBT OR
OBLIGATION, UNLESS SUCH TRUSTEE OR BENEFICIARY HAS CONSENTED IN
WRITING TO DO OTHERWISE.
XIII. The term "Registry of Deeds" as used herein shall mean
the Essex District Registry of Deeds. If this Declaration of
Trust is recorded or filed for registration in any other public
office, any persons dealing with portions or all of the Trust
Estate as to which instruments are recorded or filed for
registration in such office in order to constitute notice to
persons not parties thereto may rely on the state of the record
with respect to this Declaration of Trust in such office. With
respect to such portions or all of the Trust Estate, the term
neegistry of Deeds" as used herein shall mean such office.
WITNE S the executi ereof under seal by the undersigned
this _ day of 2002.
J—
AUL G. BUTL , SR. , Trustee -SALLY BUTLER, Trustee
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS , 2002
Then personally appeared the ove-named PAUL G. BUTLER, SR.
and SALLY A. BUTLER, Trustees as aforesaid, and acknowledged the
foregoing instrument to be their free act and deed, before me,
�ary Pub 2c
My commission expires:
jw&fit. a�, �F
299281879!619 BU8154 P9;281
01/07/2002 13:40:00 ONTR Pa 4/4
1Mlf7RE&N1NM P.C.
ATIO"ILYSM U1W
M imOM{,YTPKT
MlO4 W.OIO)p-!�!9
OIfO H6-3369
4
r ,
I, SALLY A. SUTLER,
ry
MASSACHUSIK"S QUITCLAIM..We aMOeT IORK IIMDIVIDYALI ql
of Salem, Essex County,Massachusetts,
beingiQlmanied,for consideration paid,andin full consideration of Nominal consideration of leas than
One Hundred ($100.00) Dollars,
grant to SALLY A. BUTLER and PAUL G. BUTIE111��� SR., Trustees of THE THIRTY TWO ALBIOlf
o STREET REALTY TRUST, u/d/t dated
n , 2002, recorded herewith,
Of 32 Albion Street, Salem, Hassach setts 01970, with* thft CYOQtat"
0
m 70IC1�C
Y
Y
m
m IDescdptton and encumbrarsxe,UanYl
m
s
u
m The land in said Salem, with the buildings thereon, bounded and described as
follows:
NORTHWESTERLY: Fifty (50) feet by Albion Street;
NORTHEASTERLY: One hundred and nine (109) feet more or less by land now or
in late of Corea
SOUTHEASTERLY: Fifty (50) feet by the Gallows Hill pasture,
u so called
SOUTHWESTERLY: One hundred and nine (109) feet more or leas by land
m now or late of Trofatter.
a
oFor Grantor's title see Deed of PAUL G. BUTLER, et ux, dated April 25, 1995,
recorded in Essex South District Registry of Deeds, Book 13009, Page 195.
N
NO TITLE SEARCH.
w 11II�I'I�'�i�I�ll'IIIIfI�il�
®w 2882818>�40p
e01/0712011201/07120112 Ma: ea ran YaD Da P9'282 tfM
w
NUMB my hand and 5al this day ofvl�� 2002
xbra mmanmremofA8/eatbutims
ESSEX, SS, GI L, 2002
Then personally appeared the above named SALLY A. BUTL
and acknowledged the foregoing instrument to he her1—free/act and deed lforce e
r- Noral'm/I'
MYcommission expiresPast=)
Return to: T
Sally A. Butler
Paul G. Butler, Sr. ('individual—)oint Tenants—Tenants in Common.)
32 Albion St.
Salem, NA 01970 CHAPTER183SEC.6AS AMENDED BY CHAPTER 697 of 1969
Every deed ptesell[ed fon record shall contain or ban endorsed upon it the full name,mideax and ppaatt Omar address of the grantee
ands recital of=For
ofthefoil comidcrathm thereof In dollars or the mnim of the other considers thmchn.Itrwsdeaveredfora
specifte monetary stun.The full consideration shall mean the total pence for the Lonveyantt without deduction farnry Item of enmlmWancea
assumed by the graaa or remaining thereon.NI such endonermnts and neltals shall be recorded a pan of the dead.FaBwe to caoplyy
with this section 1188 mar affect the validity of any deed.No reEmer ofdeeds shall accept a deed for recording asks,it is m compliatce wnh
the requirements of this secticn.
/ 07/18/94 12114 Inst 265
BK 12667 PG 175
QUITCLAIM DEED
,Q We, Thomas J. Leahy and Claire Y. Leahy of Salem, Essex
* County, Massachusetts,
�\ for consideration paid of EIGHTY THOUSAND ($80,000.00)
DOLLARS
grant to Kenneth A. Corneau and Patricia A. Corneau, Husband
and Wife, as Tenants by the Entirety, of 30 Albion Street,
Salem, Massachusetts
\ with Quitclaim Covenants
all. of our right, title, and interest in
4 the land in said Salem, with the buildings thereon, bounded
J and described as follows:
NORTHWESTERLY: by Albion Street, fifty (60) feet;
IL NORTHEASTERLY: by land now or formerly of Dunn, fifty-five
\` and 23/100 (55.23) feet;
SOUTHEASTERLY: by Lot B on plan hereinafter referred to,
fifty-one and 01/100 (51 .01 ) feet; and
SOUTHWESTERLY: by land now or formerly of Crowdis,
fifty-five and 26/100 (55.26) feet.
QBeing Lot A on plan recorded with Essex South Distriot
Registry of Deeds, ook 3391 , Page 410.
Being the same premises conveyed to us by deed of Ralph W.
Horwood and Catherine C. Horwood dated March 8, 1958 and
recorded with Essex South District Registry of Deeds, Book
4444, Page 383.
WITNESS our hands and Beals this ,/qt day of July,
Commonwealth of Massachusetts
Essex, e8. July /tp , 1994
Then personally appeared the above-named Thomas J.
Leahy and Claire Y. Leahy and acknowledged the foregoing
instrument to be their free act and deed before me.
PEEPS %GTIQ 4. _
"lvary 1ubl is
y Comm. r
0711.8/�i4
� JO IS
13(•4.80
CASH 364.80
:!4033A000 12.07
J:XC)'.Si: TAX
TINTI, QUINN, GROVER & FREY, P.C. ��%mckuy
27 CONGRESS STREET,SUITE 414
SALEM,MASSACHUSETTS 01970
WILLIAM J.TINTI WILLIAM B.ARDIFF(1965-1995)
tinti@tintilaw.com TELEPHONE
WILLIAM F.QUINN (978)745-8065 • (978)744-2948 MARCIA MULFORD CINI
WilliamFQuinn@aol.com
OF COUNSEL
SCOTT M.GROVER TELECOPIER JOHN D.KEENAN
smgrover@tintilaw.com (978)745-3369 OF COUNSEL
www.tintilaw.com
MARC P.FREY
mpfrey@tintilaw.com
JONATHAN M.OFILOS
jofilos@tintilaw.com
3/22/2011
Cheryl LaPointe, City Clerk
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: 30 Albion Street, Salem
Dear Cheryl:
Enclosed for your file on the property at 30 Albion Street, please find attested copies of
documents on file with the Mass. Land Court, which are:
1. Agreement for Judgment and Waiver of Appeals dated Oct. 19, 2009, by which the
July 28, 2009 Decision of the Salem Board of Zoning Appeals grant the owners a
variance to construct a non-conforming garage was ANNULLED, rendered of no
further force or effect, and the owners waived their right to appeal; and
2. The Land Court Case Docket showing as entry# 11 that such Agreement for
Judgment was filed with the Court and entered onto its case docket on 10/28/2009.
Please put this in your property file as evidence that the Variance was annulled and is of
no force or effect. If there is any filing fee associated with this, please notify Deborah
DeLorenzo of this office, so that she can send over a check.
Thank you.
Very truly yours,
William F. Quinn
Copy:Thomas St. Pierre, Building Commissioner
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT
09 MISC. NO. 407991-CWT
SALLY A. BUTLER,TRUSTEE,
ET AL,
Plaintiffs,
V.
ROBIN STEIN,ET AL,
Defendants
AGREEMENT FOR ENTRY OF FINAL JUDGMENT
AND WAIVER OF APPEALS
NOW COME all Parties to this action and,pursuant to the provisions of Mass.R.Civ.P.
58(a)hereby agree that the Court enter a final judgment as to all parties,as follows:
1. Upon review of the pleadings,and with the consent of the plaintiffs and all
defendants,the Court finds that the Salem Board of Zoning Appeal and its
constituent members (the"Zoning Board")did not have sufficient facts or legal
grounds at its hearing on July 15,2009 to approve the Variance requested by
defendants Kenneth A. Comeau and Patricia A. Comeau to construct a non-
conforming garage on their property at 30 Albion Street, Salem,Massachusetts,and
further,that the Zoning Board exceeded its authority in approving that Variance by
its Decision dated
July 28, 2009, and the Court hereby ORDERS that the Zoning Board's Decision
dated July 28,2009 is hereby ANNULLED and of no legal force or effect.
2. No costs or attorneys fees are awarded to any party.
3. All parties have waived any and all rights to appeal of this Order.
1
Ult. 23. 2009 11 ; 00AM HDG&W, PC No, 1869 P. 3
All parties aokuowledge that they have consulted with their own independent legal
counsel,or had a reasonable opportunity to do 00,as to the terms this Agreemcnt for
Entry of Final lodgment and Waiver of Appeals,and its legal effects.
Plaindffi' Counsel; Counsel for All Defendant Members of
�j Salem zoning Board of Appeal
Willizun F.Quinn d A Parasella
BBO No.409300 HBO No_636416
Tinti,Quinn, Grover&Frcy,p.C_ Assistam City Solicitor
27 Congress Street, Suite 414 One School Street
Salem,MA 01970 Beverly,MA 019I5
Tel: 978-745-8065 Tel.- 978-921-1990
Fax:978-741-3415 'Fax: 978-921-4553
KMe kneth A.Coi u,Pro Se Defendant
Patricia A.Comeau,Pro Se Defendant
Dated;October 19,2009
gORGO{NG
i9RIC41.1AL ON it N Y OFF;:g.
i GY h61:cG1ii cu O^Y.
2 --
CRTR2704-CR COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
LAND COURT DIVISION
CASE DOCKET
CASE GROUP: Miscellaneous DATE FILED: 08/11/2009
CASE NO.: 09 MISC 407991 CASE TYPE: Miscellaneous
CITY/TOWN: Salem ACTION CODE(S): ZAC -Appeal from
DESCRIPTION: Zoning/Planning Board,
G.L. Chapter40A, § 17
OTHER COUNTS: 1
CASE STATUS: Closed TRACK:
JUDGE: Trombly, Charles W.
PLAINTIFF(S): DEFENDANT(S):
Sally A Butler Trustee of the Thirty Two Albion: Robin Stein member of City of Salem Zoning
Paul G Butler Trustee of the Thirty Two Albion f Board of Appeals
Rebecca Curran member of City of Salem
Zoning Board of Appeals
Richard E Dionne member of City of Salem
Zoning Board of Appeals
Beth Debski member of City of Salem Zoning
Board of Appeals
Bonnie Belair member of City of Salem Zoning
Board of Appeals
Jimmy Tsitsinos member of City of Salem
Zoning Board of Appeals -
Annie Harris member of City of Salem Zoning
Board of Appeals
Kenneth A Comeau
Patricia A Comeau
Plaintiffs Attorney(s): Defendants Attorney(s):
Printed: 03/17/2011 2:19 pm Case No: 09 MISC 407991 Judge: Trombly,Charles W Page: 1
CRTR2704-CR COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
LAND COURT DIVISION
CASE DOCKET
08/11/2009 William F Quinn,Jr.,Esq. 08/26/2009 Jerald A. Parisella, Esq.
Tinti,Quinn,Grover&Frey, PC Alexander&Femino
27 Congress Street Suite 414 One School St
Salem, MA 01970 Beverly,MA 01915
(978)745-8065 (978)921-1990
appears for Sally A Butler Trustee of the Thirty appears for Robin Stein member of City of
Two Albion Street Realty Trust Salem Zoning Board of Appeals
.............................._...___.....-._......
-___...---....__..__.....__.......__.....-_....-..--.....--.
08/11/2009 William F Quinn,Jr., Esq. 08/26/2009 Jerald A.Parisella, Esq.
Tinti,Quinn,Grover&Frey, PC Alexander&Femino
27 Congress Street Suite 414 One School St
Salem,MA 01970 Beverly, MA 01915
(978)745-8065 (978)921-1990
appears for Paul G Butler Trustee of the Thirty appears for Rebecca Curran member of
Two Albion Street Realty Trust City of Salem Zoning Board of Appeals
08/26/2009 Jerald A. Parisella, Esq.
Alexander&Femino
One School St
Beverly, MA 01915
(978)921-1990
appears for Richard E Dionne member of
City of Salem Zoning Board of Appeals
...... ...... ......_.._.......---........._...__..---
08/26/2009 Jerald A. Parisella, Esq.
Alexander&Femino
One School St
Beverly, MA 01915
(978)921-1990
appears for Beth Debski member of City of
Salem Zoning Board of Appeals
..........
08/26/2009 Jerald A. Parisella, Esq.
Alexander&Femino
One School St
Beverly,MA 01915
(978)921-1990
appears for Bonnie Belair member of City
of Salem Zoning Board of Appeals
.-......----......._... --------- ......
Jerald A. Parisella, Esq.
Alexander&Femino
One School St
Beverly, MA 01915
(978)921-1990
appears for Jimmy Tsitsinos member of
City of Salem Zoning Board of Appeals
......... .............
08/26/2009 Jerald A.Parisella, Esq.
Alexander&Femino
Printed: 03/17/2011 2:19 pm Case No:09 MISC 407991 Judge: Trombly,Charles W Page: 2
CRTR2704-CR COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
LAND COURT DIVISION
CASE DOCKET
One School St
Beverly,MA 01915
(978)921-1990
appears for Annie Harris member of City of
Salem Zoning Board of Appeals
# Entry Date Judge
1 Complaint fled. 08/11/2009
.._.._............._.. ---......... ._........-.......... ... ........._._.....................-.......... ---.------ ..
2 Case assigned to the Fast Track per Land Court Standing Order 1:04. 08/112009
.._......__-.._....---.._................_.---_....----_ _...__. --.....— ........................ ....
3 Land Court miscellaneous filing fee Receipt: 187383 Date:08/11/2009 08/11/2009
4 Land Court surcharge Receipt: 187383 Date:08/11/2009 08/11/2009
5 Uniform Counsel Certificate for Civil Cases filed by Plaintiff. 08/11/2009
_....................___......._......._._-............---............. ....... ........
6 Affidavit of Service under Ch.40A Section 17,filed. 08/14/2009
_........---_..._...-......................_..-----......... . ------- ...... ....... ......._ ...
7 The case has been assigned to the F Track. Notice sent. 08/20/2009
........................._...---.......- ...._....._.-_......— ........
8 Event Scheduled 09/03/2009 TROMBLY
Event:Case Management Conference
Date: 10/26/2009 Time: 10:15 AM
Notice sent to Atty.Quinn and Parisella.
Result: Event not held.
......._................-----------.--------.-.........._..............— .......__. ..........
9 Agreement for Entry of Final Judgment and Waiver of Appeals,filed(FAXED 10/23/2009
..-......-.COPY).
10 Event Resulted 10/26/2009
The following event:Case Management Conference scheduled for 10/26/2009
10:15 AM has been resulted as follows:
Result:Event not held.
.._. .__9._....-.......9........--_...........__........-_-....._ _..... ................_.........--.._......._....
11 Agreement for Judgment. 10/28/2009
r-•r
kORGOING C'
1E1v7�S AFti.L
GIMLF LE IN ho cc CE I
LEvALCU ?; .
Printed: 03/17/2011 2:19 pm Case No:09 MISC 407991 Judge: Trombly,Charles W Page: 3