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14-16 BROWN STREET - BUILDING JACKET l�^loo bF&VAJ 5T OPendatior OEM& 74520 400/oP4 a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT rIM6I'.ItL1i.Y DIUSCOLf, MAYOR 120 WASHINGTON STRGFT * SAL19M,MASSACH USF:1'15 01970 Ti,L:978-745-9595 ♦ FAX:978-740-9846 October 21, 2009 Mr. David Sherf Esq. �d0a7 By email to: dctvid.sherf@sherflaw.com RE: Zoning Opinion for property 14-16 Brown Street, Salem Dear Mr. Sherf, According to our records, the property at 14-16 Brown Street is a pre-existing non- conforming commercial building that contains 6 units of commercial space in athe R-3 zone. Use of all units as commercial space may continue without violation of the Zoning Ordinance. This letter, however, should by no means be interpreted that this building is entirely in compliance with Building, Health or Fire Prevention regulations. Sincerely, Tho as St. ierre Buil i Cptiegioppap �if'c r cc: file, 14- 16 BROWN STREET k 1 aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMUFRI,}Y DRISCOLL MAYOR 120 Wl15FIINGTON$'rREE'1'+ SALEhI,D'IASSACI-WSE'1"1'S 01970 TFL:978-745-9595 ♦ FAX:978-740-9846 October 21, 2009 Mr. David Sherf Esq. By email to: david.sherf@sherflaw.com RE: Zoning Opinion for property 14-16 Brown Street, Salem Dear Mr. Sherf, According to our records, the property at 14-16 Brown Street is a pre-existing non- conforming commercial building that contains 6 units of commercial space in athe R-3 zone. Use of all units as commercial space may continue without violation of the Zoning Ordinance. This letter, however, should by no means be interpreted that this building is entirely in compliance with Building, Health or Fire Prevention regulations. SinCre, y Tho t . "�'p e_14� Building Commissioner and Zoning Officer cc: file, ' f LItU IIs �aaLM, � .' U55=411UHe DECISION ON PETITION OF GEORGE ROBERT MAGUIRE CON'CERNING PROPERTY LOCATED AT IL4,16-BR04VN;STREET, SALE11 MHT II 57 AN '7R FILA is This is a direct appeal by the Petitioners, George Magu�Nac-iand, Robert Maguire, through their .attorney, George P. Vallis, One.Church Street, SSalem; :F 6WthP"S plicable terms of the City of Salem Zoning Ordinance to allow them to construct a building to contain .4 .professional officesand a dwelling unit on parcel of land located on- a R-3 District. . Hearing was held on this appeal on March 28, 1978, pursuant to notices mailed post paid to the Petitioners,. Board Members, Abutters, Abutters to Abutters, and others and a notice was duly published in the Salem Evening News advising of this public hearing. Chairman, James H. Boulger, Jr. opened the meeting with Board Members, Donald Eames, Douglas Hopper and Arthur Labrecque being present. The application was submitted to obtain a variance from the applicable terms of the Zoning Ordinance with respect to use, lot area, rear and side yard Isetback and frontage requirements. The Petitioners, through their attorney, submitted the following evidence: Property is owned by the Beverly Savings Bank having acquired the property on May 19, 1977, through foreclosure proceedings. The property contains approximately 9,964 sq. ft. of land according to the plan submitted with the petition. Prior to 1975 there stood on the property 2 buildings containing 24 dwelling units which buildings were subsequently demolished. It. was pointed out that the property contained 38 feet of frontage and at its widest point on the Northerly bound was 58 feet. It would:, therefore, be impossible to erect an economically feasible building without the necessity of a variance from the density regulations as to the size and shape of the property. It was - also pointed out that most of the buildings in the immediate area are of a multi-family variety and that they are non-conforming in that they fail to meet the density requirements of -the 'present Zoning Ordinance. Mrs. Lucille Nadeau, owner of property at 10 Brown St. , abutting Petitioners' parcel, voiced her opposition. The Board took the matter under advisement until its regularly scheduled hearing on.April 25, 1978, at which time it unanimously voted to grant the variance as requested by the Petitioners subject to the following conditions: 1. That She air conditioning unit on the roof face northwest over the parking area; 2. That the Petitioners install curbing at the entrance of the parking area; 3. That the Petitioners replace the sidewalk in the front of the building with bricks 4. That the Petitioners restore the fence located at the easterly boundary. n. .Decision on property located at 14-16 Brown St. Page 2 The Board reviewed all the evidence presented and considered carefully the plans heretofore mentioned. The Board found that a variance could be granted without substantial detriment to the public good or substantial de��a t n #rgT R�,qa" tent of the provisions of the Zoning Ordinance, and that literal enfo'rceme It t14e.�rovisions of the Zoning By-laws would cause substantial hardship to t=om Fetitioners and that . special conditions with respect to lot size and placement of the buildings thereon exist not generally affecting other lots and structures. in Cth�CdsstriKtEH.NAss. Variance voted unanimously subject to conditions outlined above. APPEAL FROM THIS DECISION, IIF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF. THE MASS. GEN. LA}9S, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER TETE DATE OF FILING OF THIS DECISION IN TI-M OFFICE OF THE CITY CLERK. PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATIaN OF THE CITY CLERK THAT 20 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 NOTED ON THE WINER'S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. BOARD OF APPEALS BY ane T. Lun vegan, 'SevEtary i i r ' P l C 08/61/9 1a20zaunuo0 - AITaag jaazaS umozg qj-3 j panssT fziusdriOa0 30 aoT_;z1.za 1 (DUI PTV I,7ZX„Z1 u21S p000-i goazg 991# 61/T1;S (8L/81/8 aznnanz:4saadnS) •susTd aad Be SuzpjTng a0T330 us IDaza oy (jzno0 �S urozg 9-*7) 60C# 8Z � � .� (2UTTTa.tp u/s TTomaQ -4 y /yp "t-}' �DuI' •00 Buz}Toasts aun3da1� i aaauna € Z �Z 185X15L poom LTszTomaC ° 1SOG I OBVM S311MV330.ONI SMO1S d0'ON SN0ISN3WIU IY1731VW 38n.Gnsis _ i 3S UmOaU 9T-tiTmaTsS JO 4TO 902:# I +7L/6T/L N011VD01 I 313NM0 ON 11W.3d I 11Wi 3d iO 31V7 ; �T J of '^t`CLemlt`Telwf seftz - NO..........44.-80......... .. .. l = OFFICE OF THE INSPECTOR OF BUILDINGS 6/19/80 DATE........................ ....,... 0 ' Certificate of Approval for Building Occupancy tO�MIM p0� THIS SHALL CERTIFY THAT ................... 14 16 BROWN STREET RALTY F ...................................................... 14-16 BROWN STREET haspermission to occupy premises at........................................ .............................................,........,.., commercial in accordance with the City of Salem for .............................................................................. purposes, Zoning Ordinance and Building Code, providing that this use shall conform to the terms of the application on file in this office, and to the provisions of the Statutes, and to the City Zoning Ordinance and City Building Code. n Any violation of any of the terms above noted is an immediate revocation of this certificate. CITY ENGINEER WIRING INSPECTOR PLUMBING INSPECTOR GAS_INSPECTOR I FIRE DEPT, INSPc'CT Ot Rough In trio Rough Insp ion Ro ' h Inspection Rough Insp9tion FloInspec"of Flna nspection Final Inspection Final Inspa:.tion Final Inspecti o n Fi ai InsptztN d n _ INSPECTOR OF BUILDINGS SALEM POLICE DEPARTMENT OFFICER'S REPORT CASE OF 41917 DATE `J -;Z 3 . l ADDRESS 3 f A/c,c-,:/-r O ST_ SIy.1 e NATURE OF CASE TIME REPORTED BY S,; r-r f ADDRESS S.4 rH P OFFICER }C (A� - Ca l/a /%w,v _ •� DETAILS OF CASE 'THP / S/ sac: / AleC'SIFl /9 l7Pf.'i-/i' �IP J�A I,% 4P YL /G /L0 ,Pfr/ �•.N / /-/C�l�%/7 , : �1 5n i.g 7-P J"J .<, � r %/-�,g l •%f-�P %9 .sem��/� P s S� ( Tg e 1.3 o p , c_ 1c ��l �A--f2 G(i/1-7// �e i'>!rct ;.� s v , %3 Pi nr S C �-�PG ✓=;f7 r, i t) TF. r/1-,Pf. cs Pte/ As3nU P A S t? 3 =i= n i i a3, J= N s leiS1o2CA NO OFFICER iS 9-3 OAIVl71-1.7