12 BUENA VISTA AVENUE WEST - BUILDING JACKET �� � � eh•z� ,��� i��n�
Joe Nerden
From: Joe Nerden I ��
Sent: Thursday, July 01, 2004 3:20 PM
To: Bruce Thibodeau; Thomas Stpierre
Cc: Linda White; Raeleen Parsons
Subject: 12 Buena Vista Avenue (West)
Bruce &Tom,
We have received a copy of the Planning Board Decision for 12 Buena Vista Avenue (West) that was filed with the
Registry. In it is the language regarding the vegetative Swale. I'll forward you both copies. Tom please file this with the
Building Permit for 12 Buena Vista Ave West.
I have called Howard Squires (cell#978.815.4959) and let him know he can now apply for a full building permit.
Joseph E. Nerden
Asst. DPW Director&
Asst. City Engineer
Department of Public Services
120 Washington Street, 4th Floor
Salem, Massachusetts 01970
tel. 978.745.9595 x321
fax. 978.745.0349
email: jnerden@salem.com
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Tache Real Estate
REALTORS
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208 DERBY STREET,SALEM,MASSACHUSETTS 019701(978)745-2004.1.800.875.2920•FAX(978)745-0450 "®
06/21/04 09:38 FAX 978 745 3369 TINTI QUINN GROVER FREY. IA 002/003
CITY OFS'AIEM• t1A
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r CLERK S OFFIC` �""
• CITY OF SALEM
PLANNING BOARD
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2004040200847 802610 Pg,264
Decision 04/02/2004 15:20:00 OTHER Pg 1/2
For The Petition Of JGG Realty Trust For A
Waiver From Frontage At 12 Buena Vista (West)
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A Public Hearing on this petition was held on July 10, 2003, and continued to July 24,2003,
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September 4,2003, Septembei 18, 2003 and pctober 2, 2003. The Public Hearing was closed on
November 6, 2003 with the following Board members present: Walter B.Power,HL Chairman;
John Moustakis;Pam Lombardini;Gene Collins; Chuck Puleo;Christine Sullivan;Paul Durand;
and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was
properly published in the Salem Evening News.
JGG Realty Trust, owner of the property,is requesting a waiver from frontage requirements from
the Subdivision Regulations and under MGL Chapter 41,Section 81R,to allow the property
located at 12 Buena Vista Avenue(West)to be subdivided into two lots. This section states that
"A Planning Board may in any particular case, where such action is in the public interest and not
inconsistent with the intent and purpose of the subdivision control law,waive strict compliance
with its rules and regulations, and with frontage or access requirements specified in the law...:
The waiver from frontage is being granted for the property located at 12 Buena Vista Avenue
(West),as shown on the plans titled,"Road Construction Plan,Buena Vista Ave. (West),dated
September 30, 2003 and revised October 27, 2003,and the plan entitled"Easement Plan of the
Land Located in Salem,Mass., dated October 27, 2003,upon the findings by the Board that:
1. Special circumstances exist which especially affect the land and structures involved and
which are nct generally affecting other land and structmrs involved;
2. Literal enforcement of the provisions of the Regulations would involve substantial hardship,
financial or otherwise, to the petitioner;
3. Petitioner complies with all conditions of the Board of Appeals Decision granted on January
15, 2003: and
The waiver from frontage is being granted for the property located at 12 Buena Vista Avenue
(West) with the following conditions:
1. The constructed roadway will end in a cul-de-sac. It will not be connected to Buena Vista
Avenue (East). t
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120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 www.sALEM.coM
06/21_/04 09:39 FAX. 978 745 3369 TINTI QUINN GROVER FREY. Z003/003
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0410212004 16:20100 OTHER PO 212
2. The vegetated Swale in the private easement located between the two lots shall be
maintained by and remain the responsibility of the owners to the two lots.The City
Salem shall not be liable for maintenance of the swale or drainage issues associated w with
the swaie.
3. The applicant shall grant an easement to the City of Salem for the portions of the roadway
that are located on private property.
4. The final construction plans for the extension of the roadway shall be approved by the
Department of Planning&Community Development and the Engineering Departmentj.
prior to the issuance of a Street Opening Permit.
Therefore,the Planning Board voted by a vote of eight(Power,Durand,Moustakis,Puleo,
Lombardini,Weiner,Sullivan,Collins)in favor,none opposed, to grant the waiver from frontage
requirements for 12 Buena Vista Avenue (West). 1
't
This endorsement shall not take effect until a copy of the decision bearing certification of the
City Clerk that twenty (20)days have elapsed and no appeal has been filed or that if such appeal
has been filed that it has been dismissed or denied,is recorded in the Essex South Registry of
Deeds and is indexed in the grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The owner or applicant shall pay the fee for
recording or registering.
I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the
Decision and plans is on file with the Planning Board.
Walter B Power;M
Chairman
Late APR 2 - 2004
I hereby certify that 20 ChW hays expired
from the date this Instrument was rmhw,
and that NO APPEAL.hoe been flied ktthls
office.
A True Copy\�t Wg
ATTEST_CITY CLERK, Salem, Mass.
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