Easement for 61 Mason Recorded 275
SO E 2022X11:05 AMk 1 T EMNT PPg. /7 44 '
eRecorded
NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT
THIS NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT is entered
into as of the 23rd day of September, 2022 by and between DSF SALEM FLINT, LLC
(the "Grantor"), and KATIE B. BOCK AND PHILIP BOCK, as Trustees of
SATCHEL'S REALT TRUST, under dectaration of trust dated June 29, 2021 (the
"Grantee").
RECITALS:
A. The Grantor owns the real property commonly known as and numbered 72
Flint Street, Salem, Essex County, Massachusetts (the "Grantor's Property") by virtue of
deed dated November 28, 2018 and recorded with the Essex South District Registry of
Deeds in Book 37193, Page 478.
B. The Grantee owns the real property adjacent to a portion Grantor's
Property and commonly known as and numbered 61 Mason Street, Salem, Essex County,
Massachusetts (the "Grantee's Property") by virtue of deed dated June 29, 2021 and
recorded with said Registry of Deeds in Book 40038, Page 307.
The parties agree that the benefits and obligations of each as stated herein shall also bind
and be for the benefit of their respective heirs, assigns and successors in title.
C. Grantee desires to obtain from Grantor, and Grantor has agreed to grant to
Grantee, a permanent access easement in and over a portion of Grantor's Property, which
is a paved driveway extending from Mason Street to the curb cut accessing the rear of
Grantee's property from that driveway,_,for Purposes of ProvidinQ Grantee's occupants,
tenants, guests and invitees access to the parking area in the rear of Grantee's Property,
and for all other usual uses of a driveway rn the City of Salem, including for the-limited
right for Grantee and its contractors and agents to access the rear parking area for
-. 'pU9Ts o COnS ruction of ie rnlproveInen s a Lowe-` y tFe ec sslon o t le tty oF
a em Board of Appeals dated May 10, 2022 ("Grantee's Improvements"), and to
" rea'tter marntaii� an repari t le rantee s'�tand and buildings pursuant to the terms and
conditions set forth herein.
This easement may not be used for, and specifically prohibits the Grantee, its tenants or
any other of Grantee's agents or invitees from parking any and all motor vehicles or
trailers; or construction vehicles on the surface of the driveway, or piling or storage of
any construction materials of any type on the surface of the driveway. Grantee shall also
be responsible to prohibit all delivery service vehicles from parking or idling on the
driveway. At all times, including specifically during the construction of Grantee's
Improvements, the driveway must be safely and easily passable by all. motor vehicles
using it to access Grantor's property.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Grantor and Grantee hereby agree as
follows:
1. Grant of Access Easement
1.1 The Grantor- hereby grants to the Grantee, for the benefit of the
Grantee's Property, a permanent non-exclusive access easement over the driveway off
Mason Street which rs aCIP111,1213A to rantee s Property and is identified on the attached
P an (t ie "Access Easement Area"). The Access Easement is intended to provide the
Grantee and Grantee's occupants, tenants,guests an invitees access roirr ason treet
p �_ —t r—
tot e parking area rn the rear oUrantee's roperty.
1.2 Grantor agrees that it shall maintain the Access Easement Area and
be responsible to remove snow and ice therefrom, provided, however, that Grantee shall
be responsible to repair any and all damage caused to the Access Easement Area caused
by Grantee or its occupants, tenants, guests and invitees.
2. Limitations and Restrictions
The rights and easements granted in Section 1 above shall become effective
imme iate y unreaupon reco rdation. The Grantee may not over ur en t rye Access asement
rea nor sona y inter ere -with the Grantors' use of the Access Easement Area,
which shall also include Grantors' occupants, residents, agents, employees, tenants,
invitees and any other party's permissive use of the Access Easement Area. It is
µ s ecificall understood and agreed that the Access Easement Area may only be used by
Grantee or its occupants, tenants, guests and invitees for purposes of ingress and-egress
to ai i•om the parking area in the rea o rantee's Pro ert for the arkin of
j ersonaC ve rc es nd t e construction, repairs and maintenance of Grantee's ro ert
as specified in ectionu a ove ancexce f for the cons letionof Grantee's
Improvements shall not be utilized by any trucks or heavy machinery (other than trash
collection vehicles), or for the storage of any vehicles of any kind or other equipment.
In addition, Grantee shall use best efforts to ensure that delivery trucks (i.e. USPS,
Amazon, UPS and Federal Express) do not park, or live park, within the access
easement area. The rights and easements granted herein shall include the requirement of
the Grantee to repair and restore any areas damaged or disturbed on the Grantor's
Property to their prior condition, as reasonably as possible, reasonable wear and tear
expected, taking into consideration the nature of the Grantor's Property.
3. Remedies
In the event that Grantee or its occupants, guests or invitees violate Section 2 of
this Easement Agreement, Grantee shall, or cause its occupants, tenants; guests or
invitees to, cease and desist such violation within three (3) days of receipt of written
notice from: Grantor advising Grantee of such violation. Grantor shall be permitted to
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seek any and all legal remedies available to it, including injunctive relief, and Grantee
shall be liable to Grantor for all costs and expenses incurred by Grantor in enforcing its
rights hereunder.
4. Notices
All notices or other submissions required by or appropriate under this Agreement
shall be sent by. first-class mail, facsimile, overnight delivery service or certified mail,
return receipt requested, to the Grantor c/o DSF Advisors, LLC at 341 Newbury Street,
5"' Floor, Boston, MA 02115 or the Grantee, at 61 Mason Street, Salem, MA 01970 or
such other address of which the Grantee has advised the Grantor in writing.xd The
Grantor and the Grantee hereby represent that they have each read this Agreement in its
entirety, that they frilly understand all the provisions hereof and that they are voluntarily
entering into this Agreement having each had the opportunity to consult with counsel.
5. No Representations or Warranties
Grantor makes no representation or warranty, either express or implied, with
respect to the condition of any portion of Grantor's Property or the improvements now or
hereafter constructed thereon.
6. Compliance with Law
In the performance of its obligations hereunder, Grantee shall comply promptly
with all laws, regulations and governmental permits and approvals and matters of record
existing prior to the recording of this Agreement.
7. Amendment
Except as otherwise expressly set forth in this Agreement, no amendments or
modifications of this Agreement shall be effective without the prior written consent of
each party at the time of such amendment or modification.
8. Severability
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be declared to be invalid or unenforceable, then the
remainder of this. Agreement shall not be affected thereby, and each term and provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
9. Governinp- Law
This Agreement shall be construed and interpreted under the laws of the
Commonwealth of Massachusetts.
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10. Indemnification
Grantee for itself and its occupants, guests, invitees, successors, employees,
agents and assigns hereby agrees to indemnify and hold harmless the Grantor from any
and all injury or damage occasioned by the use of the Access Easement Area by Grantee
or its occupants, guests, invitees, employees, agents or licensees.
11. Miscellaneous
The terms and conditions of this Agreement shall run with the land and shall be
for the benefit of, and appurtenant to, the Grantee's Property, and shall be binding upon
the respective successors and assigns of the Grantor and the Grantee. For the purposes
hereof, all references to the "Grantor" shall mean and include the Grantor and its
successors in title to the Grantor's Property, and all references to the "Grantee" shall
mean and include its successors in title to the Grantee's Property.
[The remainder of this page is intentionally left blank]
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Executed as a sealed instrument as of the date first written above.
Grantor:
DSF SALEM FLINT, LLC
f
By: ,
Thomas Mazz , anager
Grantee:
SATCHEL'S REALTY TRUST
By:
Katie B. Bock, Trustee
By: c
Philip Bock, Trustee
COMMONWEALTH OF MASSACHUSETTS
turF«uC. CaUNT`f, ss. � IOa9,�. A , 2022
Then personally appeared, before me, the undersigned notary public, the above-
named Thomas Mazza, Manager as aforesaid, proved to me through satisfactory evidence
of identification which was [check one] _ photographic identification with signature
issued by a federal or state governmental agency, _ oath or affirmation of a credible
witness, or personal knowledge of the undersigned, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed
voluntarily for its stated purpose on behalf of DSF Salem Flint, LLC.
[SEAL] Notary Public:
My Commission Expires: SvN�
& RACHEL P. LASHLEY /
¢ Notary Public
COMMONWEALTH OF MASSACHUSETTS
\ My Commission Expires
June 22, 2023
5
COMMONWEALTH OF MASSACHUSETTS
ss. � 2022
Then personally appeared, before me, the undersigned notary public, the above
named Katie B. Bock, Trustee as aforesaid, proved to me through satisfactory evidence of
identification which was [check one] V photographic identification with signature
issued by a federal or state governmental agency, _ oath or affirmation of a credible
witness, or ` personal knowledge of the undersigned, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that she signed
voluntarily for its stated purpose.
[SEAL] Notary Public:
My Cominission Expires:
William F. Quinn
Notary Public
COMMONWEALTH ss MASExpire ETTs
My Commission Expires
July 31. 2026
COMMONWEALTH OF MASSACHUSETTS )
ss. !_ 2-6 2022
Then personally. appeared, before me, the undersigned notary public, the above-
named Philip Bock, Trustee as aforesaid, proved to me through satisfactory evidence of
identification which was [check one] � photographic identification with signature
issued by a federal or state goveriunental agency, oath or affirmation of a credible
witness, or , personal knowledge of the undersigned, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed.
voluntarily for its stated purpose.
[SEAL] Notary Public:
My Commission Expires:
-C�, William F. Quinn
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
July 31.2026
6
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
�Gj�1NE�A�
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TEL:978-619-5685
MAYOR
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII May 10, 2022
SO,ESSEX #454 Bk:40974 Pg;135 >
06101/2022 03:06 DCSN Pa 1/6 Decision
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City of Salem Board of Appeals
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The petition of KATIE B.AND PHILIP BOCK,AS TRUSTEES OF SATCHEL'S RIULTY
TRUST at 61 MASON STREET(Map 26, Lot 92) (I/NRCC Zoning District),for a Special
WE Permit per Section 8.4.5 Uses Section 4.1.a Single-family detached dwelling of the
Salem Zoning Ordinance to renovate an existing two-family structure into a three-family
c structure with a two(2) car garage addition at the rear and construct a connected two-
family 2.5 stories addition under thirty(30)feet in height with garaged parking for three
w (3)vehicles. A total of seven (7)parking spaces will be provided-five (5) garaged spaces
LL and two (2) outdoor spaces. The petitioners also seek a variance from Section 4.1.1
Dimensional Requirements of the Salem Zoning Ordinance for relief from lot area per
a dwelling where 1,664 sq.ft is being provided and 3,500 sq.ft is required. Also, Section
8.4.9.a Required off-street parking where seven (7) spaces are being provided and eight
(8)spaces are required.
A public hearing on the above petition was opened on April 27, 2022 and was closed on
April 27, 2022.
On April 27, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Steven Smalley and Peter
Coplelas
Statements of Fact:
The petition is date stamped February 23, 2022. The petitioner seeks a Special Permit
per Section 8.4.5 Uses Section 4.1.a Single-family detached dwelling of the Salem
Zoning Ordinance to renovate an existing two-family structure into a three-family
structure with a two(2) car garage addition at the rear and construct a connected two-
family 2.5 stories addition under thirty(30)feet in height with garaged parking for three
(3)vehicles. A total of seven (7) parking spaces will be provided-five (5) garaged spaces
and two (2) outdoor spaces. The petitioners also seek a variance from Section 4.1.1
Dimensional Requirements of the Salem Zoning Ordinance for relief from lot area per
dwelling where 1,664 sq.ft is being provided and 3,500 sq.ft is required. Also, Section
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8.4.9.a Required off-street parking where seven (7)spaces are being provided and eight
(8)spaces are required.
1. 61 Mason Street is owned by Katie B and Philip Bock as Trustees of Satchel's
Realty Trust.
2. The petitioner was represented by Attorney Bill Quinn.
3. 61 Mason Street is located in the I/NRCC zoning district. (Map 26, Lot 92)
4. The requested relief, if granted,would allow the Petitioner to renovate an
existing two-family structure into a three-family structure with a two (2)car
garage addition at the rear and construct a connected two-family 2.5 stories
addition under thirty(30)feet in height with garaged parking for three (3)
vehicles.
5. On April 27, 2022,Attorney Quinn presented to the board.
6. The petitioners have worked with an architect to see if they could create a
property that would work without seeking relief. In order to achieve their
idea they determine that they needed to come to the board to seek relief.
7. To offset the parking,Attorney Quinn stated to the board that there are
multiple public parking spaces within close proximity to the area of the
property. This can accommodate the possible overflow of parking.
8. Dan Ricciarelli, Seger Architects, added to the presentation. He stated that
the property was an 185o's Greek Revival style home. He expressed that the
home has not be kept up and was looking"tired". He stated that they goal is
to restore the building and create additional units to it.
9. There are currently two (2)units in the home. The first unit is the larger of
the two and is similar to a town home.
10. They want to create three (3)additional units. They aim to create three (3)
three-bedroom units and two (2)two-bedroom units that are suitable for
families. The petition included the construction of a three (3) car garage and
a two (2) car garage to accommodate some of the parking. There are currently
two (2) parking spaces on the south side of the two-car garage. This provides
seven (7)spaces. Mr. Ricciarelli stated that there is plenty of public parking in
the area. This is a reason for the request of the parking variance.
11. The proposal plans to be in the style of town homes.
12. Chair Duffy opened up the meeting to comments from the board.
13. Carly McClain asked Attorney Quinn to elaborate on the hardship with the lot
area per dwelling unit.
14. Attorney Quinn stated that the change in topography is the reason for
hardship.Also,the lack of access to the units unless one goes through the
shared driveway contributes to the hardship. There will also be a financial
hardship because of the construction required to accommodate the change in
topography. There isn't enough room to provide the necessary parking.
15. Peter Copelas asked Attorney Quinn to elaborate on the property rights of the
owner to develop a structure over their current parking area. He inquired
about the easement being constructed over.
16. Attorney Quinn stated that, in writing,they do not have an easement on the
property.
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17. Philip Boch stated that they are in talks with the neighboring property to work
out any issues dealing with the easement for the property at 61 Mason Street.
18. Chair Duffy opened the meeting up to public comment.
19. There were no comments from the public on 61 Mason Street.
20. Chair Duffy discussed the special permit criteria and the variance relief
requested.
21. Paul Viccica made a motion to approve the petition.
22. Due to the ongoing COVID-19 pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. c. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the April 27, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will minimum
impact on traffic or parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character: The project will not have a negative impact on the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
Variance Findings:
1. Special conditions and circumstances especially affect the land,building, or
structure involved, generally not affecting other lands,buildings, and
structures in the same district: The topography of the land impacts where the
applicant could feasibly place the proposed dwellings.
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2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant in attempting to put the property to
productive use.
3. 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.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5) in favor(Rosa Ordaz, Mike Duffy(chair), Carly McClain, Paul Viccica and
Peter Copelas) and none (o) opposed to grant of KATIE B. AND PHILIP BOCK,AS
TRUSTEES OF SATCHEL'S REALTY TRUST at 61 MASON STREET(Map 26, Lot 92)
(I/NRCC Zoning District), a Special Permit per Section 8.4.5 Uses Section 4.1.a Single-
family detached dwelling of the Salem Zoning Ordinance to renovate an existing two-
family structure into a three-family structure with a two (2) car garage addition at the
rear and construct a connected two-family 2.5 stories addition under thirty(30)feet in
height with garaged parking for three (3)vehicles. A total of seven (7) parking spaces
will be provided-five(5) garaged spaces and two(2) outdoor spaces. And a variance
from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance for relief
from lot area per dwelling where 1,664 sq.ft is being provided and 3,500 sq.ft is
required. Also,the variance per Section 8.4.9.a Required off-street parking where
seven (7)spaces are being provided and eight (8) spaces are required.
Receiving five (5) in favor votes, the petition for a special permit and
variance is approved.
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be
strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to,the Planning Board.
9. All construction shall be done per the plans and dimensions submitted to and approved by
this Board.Any modification to the plans and dimensions must be approved by the Board of
Appeals unless such changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
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Variance Findings:
1. Special conditions and circumstances especially affect the land,building,or
structure involved, generally not affecting other lands, buildings,and
structures in the same district: The topography of the land affects the need for
the variance.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant in attempting to put the property to
productive use.
3. 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.
Special Conditions:
1. Subject to the recording of a permanent or prescriptive easement to be
granted access from #72 Hint Street's driveway provided by the attorney.
Mike Duffy, hair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
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Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 4oA, and shall be filed within 20 days of filing
of this decision in the office of the City Clerk. Pursuant to the Massachusetts General
Laws Chapter 4oA, Section ii,the Variance or Special Permit granted herein shall not
take effect until a copy of the decision bearing the certificate of the City Clerk has been
filed with the Essex South Registry of Deeds.
DateMAY 3 1 2022
hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office.
A True Copy _�K -�
ATTEST CTYC , ass.
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