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48,49 ALMEDA STREET - BUILDING JACKET 48 & 49 Almeda St. `N.to>my4p Ctv of 'Salem, Attssuchusetts Paxrb of Appeal Dec 9 8 29 x '88 FILE# CITY CLERK, SALEM-1KASS. DECISION ON THE PETITION OF LEONARD O'LEARY AND STEVEN'� S. SCHROEDER FOR AN ADMINISTRATIVE HEARING�AT#48 1, 49 AL_MEDA ST. 7R--l ) —' _J A hearing on this petition was held September 14, 1988 and continued until October 26, 1988 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski Nutting and Associate Member Labrecque. 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 Massachusetts General Laws Chapter 40A. The petitioners are requesting an Administrative Ruling relative to a Variance granted September 1986. Property is located in an R-1 district and is owned by David Tremblay. The Board of Appeal, after careful consideration of the evidence presented at the hearings, and based on an agreement between the Petitioners and the Owners, voted unanimously to deny the petitioners request. A copy of the agreement is herewith attached. DENIED James M. Fleming, Esq. , C man A COPY OF THIS DECISION AND AGREEMENT HAVE 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 MA"S. GENERAL LAWS, LHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF Tk IS D'CISION IN THE OFFICE OF THE CITY CLERK. I'.':>jhNT TO i:'.ASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PE'?!1T HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION, BEAR''.NG THE CFI'.G 'KATION OF THE Ct'iY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN Fli_ED. OR ;HAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED ':, RECORDED IN WE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE C';:,'NER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL i i I A G R E E M E N T DEC 9 8 29 JIM so An An Agreement made in Salem, Massachusetts, FILE# September 15, 1988 between JOHN DAVID and JULIE TREMBLAY and RONALD and PATRICIA TREMBLAY (hereinafter the CITY CLEItK, SAL 04.H kSS. "Tremblays") and STEVEN and CAROLINE SCHROEDER (hereinafter the "Schroeders") and LEONARD F. O'LEARY WHEREAS, John David Tremblay and Julie Tremblay are the owners of property situated at 8 Almeda Street, Salem, Massachusetts, and Ronald and Patricia Tremblay are the owners of property situated at 10 Almeda Street, Salem, Massachusetts WHEREAS, Steven and Caroline Schroeder are the owners of property situated at 6 Almeda Street, Salem, Massachusetts, and i WHEREAS, since 1986 the Schroeders have entered upon a certain adjoining portion of the aforementioned John David Tremblay and Julie Tremblay' s property with the express consent of the John David and Julie Tremblay, (no right or easement expected or intended) , and WHEREAS, Steven S . Schroeder and Leonard F. O'Leary (as Ward Councilor of Ward Four of Salem, Massachusetts in which the said Almeda Street is located) have presented a Petition to the City of Salem Board of Appeal dated August 9, 1988 requesting that said Board make certain findings as to conditions upon Lots 48 and 49 Almeda Street (as are currently numbered 8 and 10 Almeda Street and owned by John David Tremblay, Julie Tremblay and Ronald and Patricia Tremblay, respectively, and WHEREAS, the Tremblays, the Schroeders and Councilor Leonard F. O' Leary desire to resolve by this Agreement issues as currently exist regarding the erection of buildings, driveways and improvements upon the aforementioned Tremblays' property and upon property located at 8 and 10 Almeda Street, Salem, Massachusetts as well as the aforementioned Petition to the City of Salem Board of Appeal; NOW THEREFORE, in consideration of the covenants and agreements of the others contained in this Agreement, and of the sum of One Dollar ($1 .00) to each in hand paid by the others, the parties have covenanted i and agreed as follows : 1 . That certain improvements, fill, grading and paving as currently exist upon property of the Tremblays at 8 Almeda Street, Salem, shall be re-graded to j conform to the levels and grades* as specified in a plan attached hereto as "Appendix A, Enlargement" . Said work shall be completed by October 13, 1988. *The portions of land marked "level" shall be graded to a gradient consistent with that land upon which the house at 6 Almeda Street stands. 2 . That shrubbery, 4 ft . Pyrmidal Arborvitae be planted by the Tremblays in the location of and to -- =.- ____the specifications -set -out__in. said Appendix A, - 1 Enlargement. I 3 . That the location of a bituminous driveway as currently exists at 8 Almeda Street, Salem, be I changed by the Tremblays to conform to the specified location of said driveway on the attached Appendix A, Enlargement so long as the nearest edge of the driveway is far enough away from the proposed level portion to leave a sloping and not a sheer drop. 4 . That the slope adjacent to the paved driveway as shown on the attached Appendix A Enlargement shall be grassed by the Tremblays . 5 . That the Schroeders and Leonard F. O' Leary shall consent to the denial of the aforementioned Petition of said parties dated August 9, 1988 by the City of Salem Board of Appeals and agree that no appeal of said denial nor any other action, 2 I I administrative or legal, regarding the aforesaid i property, erection of buildings, driveway or j improvements shall be sought or pursued by said parties. I 6 . This Agreement is intended to be an agreement between the parties hereto which is not intended to convey any right, title or interest in any land of the parties thereto and shall not effect the title i to any property of any party hereto nor is this Agreement intended to run with or otherwise encumber the titles thereto and shall not be recorded in any Registry of Deeds nor Land Court of this Commonwealth of Massachusetts. 7 . The parties hereto hereby mutually release and i discharge all other parties hereto from all claims, damages, or rights of action that any party may j have, whether known or unknown, against any other party hereto which arose out of or by reason of the - - aforementioned transactions--and-occurrences----- — -! -- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 1988. at liej i I DAVIIJ TREMBLAY JUUIE TREMBLAY I RONALD TREMBLAY (1 PAT�RICIA TREMBLAY i STEVEN S. SCHROEDER CAROLINE SCHROEDER I LEONARD R. O' LEARY 3 I COMMONWEALTH OF MASSACHUSETTS Essex, ss ���� 1988 Then personally appeared the above-named John David Tremblay and Julie Tremblay who acknowledged the foregoing to be their free act and deed, before me c �. Notary Public i COMMONWEALTH OF MASSACHUSETTS Essex, ss 1988 Then personally appeared the above-named Ronald Tremblay Tremblay and Patricia Tremblay who acknowledged the i foregoing to be their free act and deed, before me Notary Public COMMONWEALTH OF MASSACHUSETTS Essex, ss /0//f 198,8 Then personally appeared the above-named Steven S. and Caroline Schroeder and Schroeder whq acknowledged the foregoing to be their free act d d, be a .e No P is i COMMONWEALTH OF MASSAC SETTS Essex, ss 1988 Then personally appeared the above-named Leonard F. O' Leary who acknowledged the foregoing to be his free act and deed, before me Notary Public ti 4 r . Ev d e r F A x T O FE T iobF d✓E✓fit �. � i/ `C Q eay wFcc Bi 7 C.B. fo4F .. 7/.2 -70 C Q„•.. 7i.5Z `moi\ .� 71 \ T✓v • 7e.v 7.42 ' \ ,�.Poa \ '� a• , \73.7 <"'if g \Ppm. �? . 7b C T3 177.7 f,