44 BAY VIEW AVENUE - BUILDING JACKET SuperTab.
YOi LoOrlYewAw
/// BItA EAD®
KEEPING YOU ORGANIZED
No. 10301
o�
BA wm
;.J
Jd'l7oraar��pltuu-
TELEPHONE (617) 744-0321
November 18, 1976
City of Salem Board of Appeals
One Salem Green
Church Street
Salem, Mass. 01970
Members of the Board:
At athearing held before the Board on September 1.5, 1976, after proper notice to all
abuttors, the appeal for a Special Permit of Mr. and Mrs. Donald Russell of 44 Bayview
Avenue was withdrawn without prejudice, pending resolution of a title dispute with
Mr. Stuart Martin, the only opponent to granting of the appeal.
The title dispute has now been resolved by agreement of the parties, and Mr. and Mrs.
Russell respectfully request that they be allowed to reappear before the Board, to
present a letter from Mr. Martin confirming that he no longer objects to the granting
of the appeal, and to have the matter decided by the Board on its merits,.
As the permit which they seek is for construction of a small addition on which Ivlr.
Russell plans to do the work, the Russells would be most appreciative if this matter
could be scheduled for a re-hearing at the earliest available time.
Thank you for your kind attention.
Ver�^�],Y Yours,
1 1
Robert E. Healey��
Ctg of Salem, Ansear4usetts
Pearb of cA"wl
December 3, 1976
Atty. Robert E. Healey
4 Federal Court
Salem, MA 01970
RE: Special Permit, Mr. & Mrs. Donald Russell, 44 Bayview Ave.
The Board will be glad to re-hear the above mentioned petition
upon submission of the enclosed application.
Secretary, Board of Appeals
1
-f,YTI"
IVU,
A01 A �n�aciclpu
E Ci L�J 1
SALM '�WSS. DECISION
PETITIONER: Donald F. Russell and PROPERTY LOCATED AT: 44 Bayview Ave.
-Th6oid6ra- L. Russell
MAILING ADDRESS: 44 Bayview Ave. ZONED: R-1 District
On February 8, 1977 a hearing was held on the Petition of Donald F. and Theodora
L. Russell of 44 Bayview Avenue, R-1 District for a Special Permit with Mrs. Jane
Lundregan, Messrs. Labrecque, Boulger, Hopper and Gray present. Notices were sent to
abuttors and others in compliance with Mass. General Laws, Chapter 808.
The Petitioner requested a special permit to convert a building located on
their property located at 44 Bayview Avenue from a non-conforming use, commercial, to
a conforming single family use on a lot containing 2,970 square feet.
Atty. Robert Healy represented the Petitioner before the. Board. 'Elie Petitioner
wishes to convert a "shop" located on a portion of the property located at 44Bayview
Avenue to a residential use as a single residential unit. The lot at 44 Bayview Ave.
contains one house and the said "shop". The shop presently is being used for repair
work by the Petitioner and for other c�Hmercial purposes on a low key basis.
The Petitioner felt that the petition could be requested without substantial
detriment to the neighborhood. The Board voted unanimously to deny the petition requested.
The Board noted that the neighborhood in question is a very dense neighborhood with most
properties being undersized. The Board found that it could not grant the Special Permit
requested without substantial detriment to the surrounding neighborhood or without
derogating from the intent of the Salem Zoning by-law.
DENIED
Appeal from this decision, if any, shall. be made pursuant to Section 17 of the Mass. Genera=
Law, Chapter 808, and shall be filed within twenty days after the date of filing of this
decision in the office of the City Clerk. Copy of the decision herein has been filed with.
the Planning Board and the City Clerk.
Pursuant to.Mass. General Law, Chapter 808, Section 11, the variance, or special permit,
granted herein, shall .not take effect until a copy of the decision, beiring the certi-
fication of the City Clerk, that twenty days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner of
record or is recorded and rioted in the owner's certificate of title.
BOARD OF APPEAL
By:___
-JaneT. Lund
reg n, Secretary