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29 BARNES ROAD - BUILDING INSPECTION /3 Esselte 74520 402 P4 an 2s Mfr•=�£^7 CO d SNr_ 1=J �') �l � uc q ,> ^� e �. CCR. iv;i. 21374 F - Lunffer OtrfifYca I: Jaf cyffl Doc. No. a>ssa ttt7' Transfer Certificate Pio. 25332 Originally Registered Decenber 3, t9 21 , in ctEstralion Book 16 - Page 3862 for the Southern Registry District of Essex County. ttc i�y^t(his its to LfrtifV that Myrtle E. Lougee 'F=('Natick in the County of lliddkesex and Conunom%ealth of Massachusetts, 4,1is the owner(s) in lee simple 54,''`4that certain parcel(s) of land situate in Salem County of Essex and said Commonwealth ofMassachusetts hounded and described as follows: ;( UMASTERLY by Barnes Road ninety six and 77/100 (96.77) feet; „H yoRFESTERLY by Barnes Circle fifty sever. and 03/100 (57.03) feet; z y6�MTSTERLY by lot 260, as :shown on plan hereinafter mentioned; ninety three and :2/100 s (93.22) feet;- lr ,�A,STERLY six and 73/100 (6.73) feet, and f „*r ,gfittiESTER.LY fifty (50) feet by tat 261, as shown on said plan; and agpTHEkSTERLY by lot 271,. as shown on said plan, ninety five and (14/100 (95.04) feet. a #11 of said boundaries are determined by the Court to be located a:: shown upon plan :numbered ^ 'f �' �9_B, drawn by' Eastman & Bradford, Surveyors, dated May 1, 1.918, as modified and approved >`the Court, r led in the Land Registration Office, a copy of a portion of whish is filed original r;.:rtificate of TIAle #3862 in said fuy? stry, and the above de.scril. lana is ' , S4PyrrTL as lots 4272 and 273, sheet 2, thereon. I td ,t �'. such of the above described land as is included vithi.n the liu!its of said Earues Road fr,#`, d Barnes Circle is subject to its use by all persons lawful-ly entitled thereto, as r t�` cribed in Certi_`ir_ateof'Title #3862., and there is appurtenant. to the said ab;.>ve described the right to use all the streets and ways shown on said plan, in cotrmon with others atitied thereto. �td� v t , a �t Y l e`sd t ,r ' Yn''pnd it is I•urtha certified that said land is under the operation and provisions of Chapter 185 of the General IN., of e` sand that the talc of said Myrtle E. Lougee Ise. u land is reLi .!ered under said Chapter, subject, however, to any of the encumbrances mentioned in Section s � y-six of sald Cha1•ter, which may be subsisting, and subject also as aforesaid. co;WE, } s8 r JOAN E. FENTON Judge jt 7 WtTv[ss, .l*-H7';'CH7ftt%-t% ttt: Esquire/Eftief-}usiim-ot :he Land Court, at Salem, in said County of [.ssex, > fifth clay of tiny. in the 'car nineteen hundred X .�'.,.-• .. .. __ . �n ........... ... .ti,, fore . ,,;, of Lafld in Salem 71, Sce% 50 feet A7 an inch. OEC, ?T fps/n,+.�n 8 l3r�djord... $,irvEyvrs. ly f 'y�iC,�i b i Y n4 WrAM � n x- ,�-gy��.5P8lN6 PATI/_� 1� Z � Q f ayE• 7 > 2,197 c, a r COP.y 01•Perf ofp.,717 j ✓ �.• c --fired in -- «� nAAll) 4>Fr7cron7inn7 nrc7nc v � �i4�,�s1 yrv%�•. Er. n',Trtle Le„:.e,e 9 0< •� 3'S"5'S�' �'lpt ��/�� 9T ,r , ' rt RTX of—ft MINISTRATQIB of the ESTATE of—"l tf iCF;LXii X1Y'bT b'D i -nX=,fjL of die ESTA[E r G•�orge '!. Lougee i by power conferred by TI'E PRUSATI.'; COURT FOit TEN COULTY OF dated. March 5, 1958 and every other pc•,a, forDo1L•,rs Twp Eun:ired paid• grant to' i,i "i't 1B Lcl' QV lab icy . Co" rltq of Iii: ',]� L..'i% the land in Salem, in the County of Essex and. .Commonwea.lth of Evssa3huintcs bounded :and described as folly Southeasterly b;9 Ber'nec Road 06.77 feet; Southwesterly by Barnes circle 57.03 feet; Ivort':vresterly by Lot 260 as shown on Plan hereinafter mentioned 93. 22 feet; Yor;he ;st- erly 6.73 feet; and Northwsstm I-y 50 feel b;; Lot 261 as sh: wv on said plan; and Nor her.ste.r'ly by Lot 'A71 as shbv:n on said Plca;n 55.154 feet. . =:11 of said boundaries are detc -mined. by the: Court to be located; as shorn upon Plan r.ur.lt:ered 7159-B , drawn by Er stman rand Br dfond , Sur - Ireyo-'s dated May 1, 1918 as ma, .fieri ar.d approved by the Court, Fil. _d a the Lend EeCiArtion Office , A cops of c portion c :' Vi ch V filer with ori incl. Certificate of Tc :le numbered 3862 in so- .0 RoEirtry, an! %- >.4e above des<•.ri'or-:r' land 1s sl—,cin t'c; Lots 27w arc 273, ;hent , W-_^ .;;:'r. S c f n - !S'chin the limits S,, :nuc'c of the rlo� e describer land as i� _ clu.-:eco a +' r said Harnes Road and Barnes Circle is sul iect to i bN nil '=' ,rrcns la, frll<< ,titled tpyn, to, as describec in Wanifiroto of' tic r .iriberec 3662 :nd there: . , appurtenanv t c.:[ e o to L . bo r .l_ . -i: lana the: rich! to 112c all the Stl att and Aals . none on . ;id il .a, in cons on rith othe^s e;' `•itled Hereto . Ln a _•r Title see Certificate of T ',le number WWI,' filed tit Esse : ;?•.'I':` Q. < tri t, aria Essex Count' Prooetes 1. ac}. 7 °.- c1 13ef,i.st:ry of Deeds r The said Grantee, Mildred E. Lo.:gee is the widow of said George E. ON�� 2�' Lougee yr!'4r 13 ��`•,j{ r•tw I,y� ,F i f t l��%�/ wy�X,�—':� S 9 ('� ”„ �_ •-•' i "-. � SJ li' ijt k d� 1•� l - t E�^ 1- g 'fit ��t�t� CA. ED � C Ik14t i, or u; n 3fffitPFF...aag.......hand and seal sthis.................017 ..............day of..........1'farch .......19.x`:.. ;r L.n.l.. .....l.:.0' (Seel)1�.:7:.:::..' L[..L.•.rF................. ............. r:v,{a:. .. ' • M'll?TL1, i:. LC)UGEB, hD•i].P ,r 1 Lr' B:?TR73C of ................... the: Est:,te of George ........Ioup:ee..... ...................................................................................... ...................................................................................... r �iTr Q[nmtttunwrttlt!{ of f�iss>anrh:�ra�ti� g;,"x ss. kirir:�v 19 5 8 Then personally apppearcd the above namee. Myrtle E. Lougee, Adrninistratrix of the: estate of George H. Lougee, f c act and deed, before rn anm d acktmvwledged the foregoing instrument to bber e, : nd her free such admir-istratrix. act and dead as notary r'ublic—T:tS:itto231u:PtatE� MyCommission expires.............t..,:..e,::,..........:.:..•.............a9....i::..:.. �m _ h999 2TEE 2000 Oh9T .2'COL CITY OF SALEM, MASSACHUSETTS BUILDING INSPECTOR 120 WASHINGTON STREET, 3RD FLOOR 1 First Class Mail COmSasPrICe SALEM, MASSACHUSETTS 01970 � h999 2TEE 2000 0h9T 220E y 0 o uwr ) •'W Ia1L �� .V4 I� Z' �N �'�59 aT' NOTICE NAPE � �✓� � _ o uNA C,^l``,' ND NOTdCE� /Sale °��T 1 O��C� _ /v oad 0 - 13 chusetts 01970 N® NOTICKAY 1 4 20 Tr =MAY 15 2013 o AO S; tl 19 2013 m �y gII s � roW m AfC! :�`_9701-34v I COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent _ ■ Print your name and address on the reverse ❑ Addressee so that we can return the card toou. Y B. Received by(Printed Name) C. Date of Delivery a Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No o/ � �eS /�\n 3. Service Type ❑Certified Mail ❑ Express Mail i ❑ Registered ❑ Return Receipt for Merchandise I I ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-fd W III TT ?T T TTf t .r Tr I Rte`° CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3w FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 29, 2013 Lynette Dunn 29 Barnes Road Salem Massachusetts 01970 Ordinance Violation 29 Barnes Road This Department has received numerous complaints regarding the storage of vehicle at your property in the driveway at 29 Barnes Road. The vehicle appears unregistered and uninspected; this is a violation of City Ordinance 24-21 which prohibits the keeping of unregistered and uninspected vehicles,boats and trailers. You are directed to contact this office upon receipt of this letter to discuss this issue. Failure to respond or remove the vehicles within fifteen(15) day will result in Municipal Code Tickets and further enforcement actions Sincerely, Thomas StYierre Building Commissioner/Zoning Enforcement Officer �A Retained grade 6 r ` — '... A � R O N T E L � V. g — Retained 9rao(e grade {orrner exJ5t117Cj grade former ex•istl'r?q , grade -.� 1.— �, _ — Finrshec✓ grade Finisl+ed grade i — -- —�- �. beyond . beton d I � v 8 L E _ F T – - E: L -E-v - ---- P 1G I-IT ELE 4 SPECIAL hJ071- i TfiiS i s 10 S !•at'e t ha b tl-r � construction design of toe retaining watt here shown conForrnS with Section � S 1223, 0 of the Common weatth oF' Massachusetts 134.,J1011n9 !Ox KI DT E5 Matee .aL Used raiLroad ties 6x e x $L6 " L9 . / [dcn tie Sha(L be 5Prkzed eD ¢ equatLY spaced For'nts with alla / "'gat van zed st-?i I¢e5 Bottomr rods 5171 be 5 talked down W t-h 2 - " 0x 36 " rebars / per tie length Cros.5 t125 S'- 6" L9. 5haii be anchored into und;storbeci ground / -- - - ♦ with ' X36 re ba r$ Y) New ref ar n I ng watt a /' PLOr PLAY) ELEV.ATION15 pJOTES BsIAWS ROAD : %* os yW E W R ET,4 1 Q ! KI C WALL PROJECT # '+• OCCHI P(IJTt R 5/DE k10E 3059 P L A r. v4L�hA ArtAS'tSACH USLTTS DATE / ROBERT-M . RUMPF i ASSOCIATES DRAWING CONSULTING ENGINEERS / "lea Massachusetts 1 r Plans must be filed and approved by the Inspector before a permit will be granted. No.oa�� City of Salem Ward X � Is Property Located in the a Historical District? Yes_ No ] G�3' >t Home Phone# DD Is Property Located in a , ' Conservation Area? Yes_ No Bus.Phone# APPLICATION FOR D PERMIT TO CONSTRUCT POOL, DECKS AND SHEDS Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby apph f r a per it to uild according to t e followin s cific tions: Owner's name and address Architect's name r Mechanic's name and address Location of building, No. What is the purpose of build' 9 Material of building. If a dwelling, for how many families? Will the the building conform to the requirements of the law? Estimated cost '�"ZW0 I ZI Contractors Lic. No. Signature of applicant Signed Under the Penalty of Perjury REMARKS�a ,` /a " /Jd No. �D /� Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location—Lol % OL N 02 PERMITGRANTED vVK � 19 13 Appr ed _ Bfjilding In pector APPLICATION FOR PERMIT DRAINAGE ALTERATION DATE: `1 (Iq PERMIT NO. 23 RECEIPT NO. TO: Director of Public Services SALEM, MASSACHUSETTS NAME AND ADDRESS TELEPHONE NO. LOCATION (Where work will be performed) DESCRIPTION OF WORK PLAN SUBMITTED YES �/ NO Note: A plan must be submitted as a part of the application showing the location where the work will be performed, property lines, existing and proposed topography, wetlands within 100 feet of site, and houses within 100 feet of site. The plan must be stamped by a Registered Land Surveyor or Registered Professional Engineer. Application Approved Application Denied: Reasons) Director of Public Services SPECIAL CONDITIONS TyrOr- �=zc,- Wx Ctv of �$ttlrm, pussuchusetts PuxrD of �k�ettl JYt 16 2 u Pb '88 DECISION ON THE PETITION OF ROBERT OCCHIPINPI FOR A 5 VARIANCE AND SPECIAL PERMIT AT 29 BARNES RD. (R-1) .1*44,R,0401, A hearing on this petition was held on July 20, 1988 with the following Board Members present: James Fleming, Chairman; Richard A. Bencal, Vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski. Notice of the meeting was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is seeking a Variance to allow an existing dwelling to remain. Petitioner is also seeking a special permit to allow construction of a 18 foot round swimming pool in this R-1 zone. The Variance which has been requested may be granted upon a finding ofthe 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 involve substantial hardship, financial or otherwise, to the petitioner; 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 careful consideration of the evidence presented and after viewing the plans makes the following finding of fact: 1. Due to topography the dwelling could not be constructed in any other manner. 2. The lot in question is a corner lot, on both Barnes Road, and Barnes Circle, and because of this petitioner is required to have a 15 foot setback, rather than a 10 foot on the side. On the basis of the above findings of fact, and on the evidence3prescp3ted at the hearing, the Board of Appeal concludes as follows: n_. 1. The relief requested can be granted without creating a�tubsV�Dtial detriment to the public good and without substantially 2lerogdting from or nullibying the intent or purpose of the Ordinance] 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner; " co 3. Special conditions and circumstances exist which especially affect the subject property but do not affect the district generally. DECISION ON THE PETITION OF ROBERT OCCIPINTI FOR A VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM PAGE TWO Therefore, the Board of Appeal voted unanimously 5-0 to grant the Variance requested, subject to the following conditions: 1. All construction be as per the plans submitted. The petitioners additionally has requested a Special Permit to allow construction of a 18 foot round pool. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section VB 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, expansion or enlargement shall not be substantially more detrimental that the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, makes the following finding of fact: 1. No support or opposition was raised. 2. The pool, due to topography, cannot in any practiccal sense, be constructed in any other portion of the lot. 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 pool will not be substantially more detrimental to the neighborhood. 2. The proposed pool will promote the convenience and welfare of the City's inhabitant. Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the Special Permit to allow construction of an 18 foot round swimming pool subject to the following conditions: 1. All construction be done in conformance with all existing city and state building codes. 2. All construction be done as per the plans submitted and per all setbacks submitted. DECISION ON THE PETITION OF ROBERT OCCIPINfI FOR A VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM PAGE THREE UNANIMOUSLY GRANTED chard A. Bencal, Vice�Chai rrran A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE M.Abt PURSUANT TO SECTION 17 OF THE MASS. GENERAL LAMS, CHAPTER 808, AND SHALL BE Ni ED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSAN'I TO LASS. GEr;ERAL LAW'S, CHAPTER 808, SEECTI"N 11, THE VARIANCE CR SPECIAL PERMIT GRAInED HEREIN, SHALL N01 TAKE EFFECT UNTIL A COPY OF THE DECISION, BcSRINS THE CERT- FICAT0,1 OF THE CISY CLERK THAT 20 DAYS HAVE ELAPSED ANA; NO APPEAL HAS BFEf- -d-ED, OR THAT, IF SUCH AN' APPEAL HAS BEEN FILE. THAT IT H"S BEEN DIS:IISSED OR DEIi'.='� IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA.'4E iF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL 17- cr c� ca Date August 17, 1988 -- h4'.reby certify that 20 days have exxvir:d froi-n the date this instrument was receive.-, Gond 4hat NO APPEAL hes been flied in t: co co A 7Puv ^C'lry '�iffd'titi'1 � g of 3ttlem, Htt�stttljusetts�a Z s o� . � Fay Poarb of 'Appeal DECISION.ON THE_PETITION OF ROBERT OCCHIPINTO FOR VARIANCES 'AT`29 BARNES RD; (R`-1')� A hearing of this petition was held March 30, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Richard Bencal, Secretary; Messrs. , Fleming, 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 Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is seeking variances from density and setbacks to allow an existing deck and to construct a two car garage in this R-1 zone. The Variance which has been requested may be granted upon a finding by 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; 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 fact: 1 . No support or opposition was presented to the plan; 2. The position of the house and deck was changed by the builder and not the petitioner due to unexpected ledge. 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 . Special conditions and circumstances exist which especially affect the subject property but not the district generally; 2. The variance requested can 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. J DECISION ON THE PETITION OF ROBERT OCCHIPINTO FOR VARIANCES FOR 29 BARNES RD. , SALEM page two Therefore, the Zoning Board of Appeal voted 4-1 , with Mr. Bencal in opposition, to grant the Variances requested, subject to the following conditions: 1 . All requirements of the Salem Fire Dept. in their letter to this Board regarding this petition be complied with; 2. All construction be done as per all existing city and state building codes; 3. The proposed garage be used for the storage of vehicles, lawn and household items only; 4. Construction of the garage be as per the plans submitted; 5• The existing deck as shown on the plans submitted must not be enlarged. GRANTED l chard A. Bencal, Secretary 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 WzS. GENERAL LAV;S. CHAPTER SOS. AND SHALL BE FILED VOTHIN 20 DAYS AFTER THE CATE OF NUN]OF T.I!S CECS:ON IN THE OFFICE CF THE C:—,,; CLERK, I'C C-' PTER &T SECTI7N 11. T9E V'M CE h; LL -� 7 c FIS EFT,' TIOF T'C � L- in rF; OR I IF c r r;,o HA;E EL;PSc- A J I:, I H", i A:' AP;r EFL h 6-::, F '_E THA' IT PAS LE_�i DI -n Op fiEC n v UI THE S UTH ESSEX Pt ISTRY OF DEEC" AND INDEXED L T�_ �.; OF RECORD OR IS RECORDED ANO NC.ED ON THE ONNER S CERTIFICATE Cr MLE. �r ir,'E C�7::=8 BOARD OF APPEAL 0 50 0a 0 48 ' S PGP PGE \\�� 99 Y � tiry e DECK moo. ExjSTI NwECUNG 9 SPO e„4� ,tihh R BPR�ES �F PLOT PLAN IN SALEM, MASS. FOR ROBERT OCCH/P/NT/ ✓�L 1 �•E ' 1' .. - SCALE I"= 20' FEB. 1988 LANDMARK ENGINEERING SURVEYING INC. LYNN, MA. h?X t h � pow r n' spa " �^ 99 0 IV 0) tA�F ti`s\ uadO ...- K.0?• r.,.- FO e.z 961 Q 6qR s>o, 910p N ti FS �.i', A, �.f:. I e r l d . PLOT PLAN IN < : I certify trial the dwellnIg shown hereon is G'S SALEM, MA. •cC;;Q;6.' located on the ground as shown ana it con- +'� FOR formed to the Lotting regulations and maps f of the city of Salem p ROBERT STILIAN of the time of construction. - SCALE I"= 20' FEB. 1987 ; I LANDMARK ENGINEERING a - SURVEYING INC. — LYNN, MA. • a4g s Pq IL:'P And the Court doth adjudge and decree that said lard be brought under the operation and provisions of chap the General Laws, and that the title of said Frederick H. Griswold Vis„ r to said land be confirmed and registered;"subject, however, to any of the encumbrances mentioned in Section torty4S, Chapter which may be subsisting, and subject also to certain mortgages on undivided interests, forth in such mortgages, viz. mortgage from Frederick H. Griswold to Sidney Ingalls, dIt March 5, 1919; mortgage from Frederick H. t;tiswold to Mary A. Breed et a1 Trustees, da-1 - Decembe.r 17, 1919; mortgage from Frederick H. Priswold to A. Francis 'Breed, dated Dec2y , 17, 1919; mortgage from Frederick H, Griswcld to Charles A. Alley et al, dated Februatf• �i 1919; and mortgage frora Frederick H. Griswcld to Frederick M. Nichols, dated February t 1919; all of said mortgages being filed and registered herewith. H • ri�`�5 ... ': VQ rvt�S .,lY CHARLES THORNTON DAVIS, WJTNa3S,10f-1R1-£—•f C^ ;:r7id, Esquire, Judge of the Land Court, at Boston, in said County OI i the Ml-rtieth day of november in the year nineteen Ill ' twenty oneat lU o'clock and gp minutes in 6e CLARENCE C. SMIaI, Attest, with the Seal of said Court, AAE "-10•C. M3T e,,0f�' '1 A true copy. Attest, with the Seal of said Court, Hlattvntcrrh4+-Pkw, Recmdrr.`.tx Received for Transcription at Salem, Essex County ReglstrPr•. December 3, 19 21 , at 10 o'clock and 10mir.:tts A. A true ccpy. Attest, with the Seal of said Court, ` �n ROBT. W. OSGOOD Acting — Assistant ssr j�999 1 ___ cG'�,°'� �-vet ✓r�sy --- - n , sv eI q 1tk,• ay4°�4n {tl , yI, � i •{ q i I N. NOR; �� 9 § �� Ild E 9l � i 4 fYt +I��19 ElE6S i�.ia••i.um3'C.wil_ Jflr 1 r v g AC 77 COtMMONWEALTI-1 OF MASSACHUSIiTTS ESSEX, ss. PROLATE COURT . Docket Nc._...2)53. _______ To -------------------------------------- - --------------------------- ---------------- ---------- .----------- ---------...-------------- ---------------- ------- ------------------------_ ot� m:n - ---------------- administratrixo( the estate---t-&-nt -ef-the yr7 j�ithis 1 :ie..Zlth --------------------- -t ----------------------- ----- --- --------- __... Irate EF-Y n-.aril---S-ta. lato-a C411Tlac-tiout-_..______--_..in said County, drecased, ____la... ic;tate. You aic licensed to sell and convey at any time within one )car from the date Lercnf- �y er {+r :444@4"—at private sale for the sum of --_--_.. --'----_r__.-r_-----..----_--_------__-___- -__..-__- :,un._t-ed-- " -_ - - - _ - - _ _ _-_----- - dollars, or for a larger sum,-- the following described real estate of e.:ud drecasedT I<�k}e�wateaEo(-- h-- r ! ci hte�lugac ce-cha rges e€:u3aauatstratie��------------------------------ ------------------------------- ------------ Certain re-7,,l est±ite situated in St IBM in snic1 'ount:y of 1:s::ex , bcuniei and descr..bed as foll:)ws, viz: Southea3terly by B_---nes :load 95.77 feet; South- .: ; swesterlj ay Barnes Circle 57..43 feet; td )rthwet,tr::rly by lot 260 , as cl:oarrt o;:i 'plan hereinafter mentioned, 93.22 feet:; Northe:�sterly 5-73 feat; and Northwest-erly 50 feet by lot Vit, as shown on s. .id plan; and Nort:he'nsterly by lot 2711 as shown on said plan, 95.04 feet. All of :laid bounlarlas are determined by the Coart to be located as shoiCa U pon plan numbered 71,59-Br drawn by Er::st:man & Dradford, Surveyors , d: the Fia;r 1,, \1°18, as .modified and approved by the Court, filed i.s the Land Reg.kstra.tl.on 'off'ice, a oopy of a pertion of which is filed with original Cel,L fieate of Titlej :.t #3852 in said Registry, and. the_sbove described land is shown as lots J4272 and P73 , sheat 2, there8n;. So much of the above desoribed land as is included within tiie limits of said Bars toad and. Barnes Circle Is subject to its use by all persons lawfully entitled thereto, as deacribod in Certificate of Title #3862, and there is ap- purtenant to the said above desoribed la--d the id.ght to use all the streets and a: ways shown on said plan, in common with ethers entitled thereto, of '7" nig?- I r 4 -J21 "7 51 - _PIK ------------- ---------- --------------------------- ------- --- --------- ------- 7- ——------—-- — --------------- ------ -------------------- ———------ -------- ------- -------------------------------- --------—---------------- -------— ---------- --------- ------------—------------------- -- -------------------------------—.—------------ -- - ------------------------- -- - -- -------- --and }nu may become Ow purchaser of said real estotc.— And if notmthst,'tndin;;, you (Iculn it Leet to sell said real estate at public auction—you are required to give public 110tiLT of the tolit! 31111 place of such sale at auction, by publishing a notification thereof once in each week, for timc succc.-ishc weeks, in the ----- ----------------------------- xja!�c.sa------------------- a newspaper published it, -------ialem-------—------------------- -- and, within one year after such sale, return your affidavit of having given such notice, with a copy thereof, to the Probate Court. Witness, JOHN V. PHELAN, Esquire, First Judge of said Court, at ------------S.`cI 1-17L-- .___._____._.__ this ----------------f-'-f th........... ......... day of ......Yax-ch.--.:---- -------- In the year of nor Lord one thousand nine hundred ---- - ------ /7------- ----------------- 5 00-11-29-56 �/6&C �J 60ARD OF rlri EAI S ,JUN (7 45 PJ _bsn/.iaG�dG�ew® . P,Pc;:ra 70 GT , .�dladsaeaW& or9or CITY OF�SALFLm, m4S , ✓e��ire �/7�58/-SP70 June 13, 1986 City of Salem Building Department One Salem Green Salem, MA 01970 Attn: Mr. Munroe RE: Lots 272 and 273 ,Barnes-Road,-Salem, Dear Mr. Munroe: In compliance with our recent telephone conversation, I am writing on behalf of my client, David McCoy, in regard to the above-captioned property. Mr. McCoy has a buyer interested in purchasing these lots subject to " certification from the city of Salem that these lots could be used to erect one single family residence on the entire area of the two lots combined. It would appear that these lots were shown as lots 272 and 273 on a plan dated May 19, 1936, and filed with Certificate of Title 11169. It is also listed as 7159B sheet two, a copy of which has been forwarded to your office. It would appear that the combined two lots would be grandfathered as one for the purpose of building one single family residence. I am informed that Myrtle E. Lougee and her husband, George H. Lougee, owned these lots since 1956 and that they owned no other contiguous property to them on Barnes Road, Salem. Very truly yours, William F. O'Shea WOS/md This fcrm printed by MUTUAL-ELM'MARTINS Stationery Companies Ino. ` Stationery W OE STREET BOSTON,MA 02108 617-7423462 NO. 1013 REPORT Estate No. Lots 272 & 273 Barnes Road, .Salem _ Owner Myrtle E. Lougee Sheet No. 5-8 Description Sheets 5 ; 6 ; 8 " Said Estate Subject to " i Mortgages Sheet No. Non " 2 Restrictions or Conditions None " 3 Easements Rights of others to use Barnes Road & Barnes Circle 2 4 Attachments None " 5 Liens State '& Federal None is 6 Bankruptcy None " My Examination PAPA November 30 1921 - MaV 8 1985 " Remarks. --AvDears to be good, clear , Flan on sheet 1B. �n_ Sh"t Nn_ 1 ell 7 �o ZG 6L y6 t ` , ` ry/� / 544 ft.Z cli r � / � 1ti 135 1606*ft�" OS/ Ail 154", �K4 RGa 45 �°�F \p�'i � 1 . . y,�.,: ` ` � / � C3 pca RAPI'ES I 100 61, L 1100 In 1 ` ET 5 1 e w 00 STRE qz 50 �11 54 zil, got floo 5 t4- ,It) X CLARK oev Cal bft o4r,",_ 0471 7, !is 1 y ! , 1 n b F ' o'N ti CW ft 00 s-r R '' e •c t , , � �;/ H fi ^r aa/ gal ; oaz '- t ! . � �/ .., ; , , , , `.;. , l., �� .: -'\e� 0 1,\, /r.,a 43 _`��:w h� ; � h .ham„I' cNu . �t -- — 40? to •tevoe /l �i ,�_ / .+ roC1 pp .i , //�, H,. , •- t •N,.^ N'•,,,N R V u-ly y/ 1 C-A gill. V ... K //V` - , . � ` N A�1 i 1 , V ;y IAE Vol µ1G01NT14, Gifu of �z JJublic ProperfU Pepartnlent eparhurnt william H. Munroe One Salem Green 745-0213 June 23, 1986 David McCoy 7 Fairmount Place Saugus, MA 01905 RE: 29 Barnes Road, Salem _Dear Mr. McCoy: Please be advised that this office has reviewed the material provided by you as it relates to property presently shown on the City Assessor's Maps as number 29 Barnes Road. Based on this review it is the opinion of this office that the property meets the requirements of Massachusetts General Laws, Chapter 40A, Section 6, as it relates to, so called, grandfather lots, and is a buildable lot by reason of lot area and frontage. Obviously the two lots shown as lots 222 and 273 on the plan dated May 19, 1936 and filed with Certificate of Title 11169 must be combined as one to satisfy these requirements. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms 9�yC0N 01TA.io'e (11itu o4 " LWv ' CHass(� rljuelLAte a 'Aepartment of Public works One �ulem Green ' 1 yy}��r 1i�.VV1�y1, V rt��/�,�R�RVG�-C�GpoNnA)J6QWh�MVMR�¢\��tac Knn�l`f„A`f�'A�Li1'�nXY'3mxxxl x)5 1' Russell H. Babcock, P.E. Acting Director of Public Services ,J May 22, 1987 Mr. Robert Stilian 29 Barnes Road Salem, MA. 01970 RE: Sidewalks - Waivers Dear Mr. Stilian: I have reviewed your request for a waiver of curbing and' sidewalks for 29 Barnes Road. In accordance with Chapter 26, Section 105 of the Salem Code of Ordinances, I hereby grant your request for a waiver of curbing and sidewalksliased on the following: 1 . No curbing or sidewalks presently exist in the area. 2. Drainage will not be adversly affected. Very truly yours, Russell H. Babcock, P.E. Acting Director of Public Services RHB/cmc cc: William Munroe, Building Inspector Ctu of ttlem, � ttssttcljuse##s Poarb of '+Veal JUL 26 2 u ?a '88 GE/NIYL DECISION ON THE PETITION OF ROBERT_ OCCHIPI?PII FOR A FILE VARIANCE AND SPECIAL PERMIT AT 29 BARNES'RD.-."(R=1 ) A hearing on this petition was held on July 20, 1988 with the following Board Members present: James Fleming, Chairman; Richard A. Bencal, Vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski. Notice of the meeting was sent to abutters and others and notices were properly published in the Salm Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is seeking a Variance to allow an existing dwelling to remain. Petitioner is also seeking a special permit to allow construction of a 18 foot round swimming pool in this R-1 zone. The Variance which has been requested may be granted upon a finding ofthe 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 involve substantial hardship, financial or otherwise, to the petitioner; 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 careful consideration of the evidence presented and after viewing the plans makes the following finding of fact: 1. Due to topography the dwelling could not be constructed in any other manner. 2. The lot in question is a corner lot, on both Barnes Road, and Barnes Circle, and because of this petitioner is required to have a 15 foot setback, rather than a 10 foot on the side. 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 relief requested can be granted without creating a substantial detriment to the public good and without substantially derogating from or nullibying the intent or purpose of the Ordinance; 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner; 3. Special conditions and circumstances exist which especially affect the subject property but do not affect the district generally. DECISION ON THE PETITION OF ROBERT OCCIPINPI FOR A VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM PAGE IWC) Therefore, the Board of Appeal voted unanimously 5-0 to grant the Variance requested, subject to the following conditions: 1. All construction be as per the plans submitted. The petitioners additionally has requested a Special Permit to allow construction of a 18 foot round pool. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section VB 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, expansion or enlargement shall not be substantially more detrimental that the existing nonconforming use to the neighborhood. In more general terns, this Board is, when reviewing Special Permit requests, guided by the rule that a Special permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, makes the following finding of fact: 1. No support or opposition was raised. 2. The pool, due to topography, cannot in any practiccal sense, be constructed in any other portion of the lot. 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 pool will not be substantially more detrimental to the neighborhood. 2. The proposed pool will promote the convenience and welfare of the City's inhabitant. Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the Special Permit to allow construction of an 18 foot round swimming pool subject to the following conditions: 1. All construction be done in conformance with all existing city and state building codes. 2. All construction be done as per the plans submitted and per all setbacks submitted. DECISION ON THE PETITION OF ROBERT OCCIPINTI FOR A VARIANCE AND SPECIAL PERMIT AT 29 BARNES ROAD, SALEM PAGE THREE UNANIMOUSLY GRANTED T?lchard A. Bencal, Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY C= APPEAL FRS:: T!,15 ['71,I;;jn% 1,1 4'ly SHALL 'UMSU'INT TO SFMCNI 17 OF THE MESS. if SHALL UE DAPS A-TIR ]HE SATE Or HUNG OF 111:S T H FHE OF THE Cl-ly 11 THE Fjp�(,A� D I I T L '71LD m� 51!':!L IN.,, 'I L FT L W;7 11 l�: Vj T r47 E3T_ pr"[ H 20 H," : A." Fri ED. CR iHAF. o. j,' pEaL C113 r'_FN FhE. :if,R is REI,"_.°'D IN iii_ S,Ij;H LSSEx Cr L:E:: S P::;' INDEXED UNDLit Th: 6F THE OVNE-1 OF RECORD OR IS RECORDED AND NOTED ON THE 001NERS CERTHICATE OF TITLE. BOARD OF APPEAL J� yo 0 0 6�3 � 0 y F. 9 9,48 ti EARA pPTloN j5. 'AA FOON N ' O NO. Z9 1 n6l r_ Z lob� o va y PLOT PLAN /N /C£RT/FY THAT THE GARAGE FOUNDAT/ON SHOWN r,een, SALEM, MASS. HEREON CONFORMS TO THE ZONING REGULA77ONS tN OF nr m' 6 FOR Of THE CITY OF SALEM. �P ` ND OCCHIRNT/ ROBERTP. McMANUS [. ,Q No. 923,1fS F SCALE /":20' MAY /989 LANDMARK ENG/NEER/NG B SURVEY/NG, INC L YNN, MASS. JV h ecs v eci�cp Q �6 Opo o r 5� EXE R p1�ON GEoNND pE 0 N O .O 00. Z9 a6•� eb .0 jP.O-'A"� q,Q,yFs R '�Q PL OT PLAN ` /N /CERT/FY THAT THE GARAGE FOUNDAT/ON SHOWN SAL EM, MASS, 44 HEREON CONFORMS TO THE ZON/NG REGULA77ONS �ti of re FOR OF THE C/TY OF SALEM 4P t°. OND ROBERT OCCH/P/NT/ P. I� Mc MANTIS ' \ ,p No. 9234 SCALE /';20' MA IT Y /989 �c! E��,si ;n" LANDMARK ENG/NEER/NG B SURVEY/NG, INC L YNN, MASS. 1 EI IIS { i I 50 O O 6,l3 9• a o. s� l ti 0) Fo 4\ O 6 9 � 1 B S.0 h .\ OPO o s. CIRC P�N�S ,, fl z� PLOT PLAN IN I certify that the dwelling shown hereon isjo.�'y SALEM, NIA. located on the ground as shown and it con - , . .✓ FOR formed to the zoning regulations and maps ,( ROBERT STILIAN of the city of Salem at the time of construction. SCALE I"= 20 FEB. 1987 LANDMARK ENGINEERING & I SURVEYING INC. LYNN, MA. I l a° J G �3 q .46 a 9 rf rs� 11IV /✓fig 4'h 0 el Tef i"J,r - • Asa o _ r PQ i r<�\50 r / 114Z /Fpa6 9z /40 � fd7� ��✓ X90 /�ieyeis✓ ,E �. �� 7.70 0-Is9 /3g. s. A PLOT PLAN F M I N r, ONS c� SALEM, MA. P. ='' F 0 R NOM9234s ti ROBERT STI LIAN Ca \(' C/STEP or - SCALE I°= 20 AUG. 1986 LANDMARK ENGINEERING 8 SURVEYING INC. LYNN, MA. f