21 CHARLES STREET - BUILDING JACKET 21 CHARLES STREET � �
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November 9, 1979
Mr. John Kroen
42 Charles Street RE: Garages on
Salem, MA 01970 Charles St.
Dear Mr. Kroen:
Please be advised that I have investigated your
complaint of November 7, 1979 regarding illegally
stored vehicles on the property At the rear of 30 Loring
Avenue,
The owner of the property has been notified, in
writing, to discontinue the violation of the variance
granted.
Very truly yours,
Daniel F. Mansur.
Acting Zoning Enforcement Officer
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November 9, 1979
Mrs. Eva N. Goulet
30 Loring Avenue RE: Garages on
Salem, MA 01970 Charles Street
Dear Mrs. Goulet:
It has come to my attention that heavy construction
type equipment is being stored in the yard of the referenced
premises.
A variance was granted August 18, 1959 for the
storage of refrigerator trucks only. Parking or storage
of any other type of vehicles is in violation of the
variance granted.
A continuation of this violation may bring court
action.
Very truly yours,
Daniel F. Mansur
Acting Zoning Enforcement Officer
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BUILDING DEPT °
APR 12 9 44 AN '74
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RECEIVED ''
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CITY OF SALEM,MASS.'
ALBERT R. PITCOFF CITY OF SIAL M MAUIRIC.E A. CHOUINARD
GTY SOLICITOR MASSACHUSETTS °ssT. CITY SOLICITOR
70 WASHINGTON STREET 744-ce7e
SALEM, MASS. 01970
744-2172
April 11, 1974
Mr. Charles Theriault
34 Loring Avenue
Salem, Massachusetts
Dear Mr. Theriault:
As assistant City Solicitor the following matter has been brought
to my attention for evaluation as a possible viol tion of zoning ordinances.
I have been informed that you are parking an icc cream truck as well as
an oil truck overnight in the area of Charles Street, Salem.
Charles Street is R-2 district and the area in back of Charles Street
is R-f district. City ordinance reads that "no lettered business trucks"
can park in R-1 district.
Any future violation of the city ordinances may bring court action.
Very truly yours, -
MAURICE A. CHOULNARD
Asst. City Solicitor
MACFij
cc: Mr. James Leahy, Licensing Board
cc: Mr. John Kroen, 42 Charles St. Salem
BUILDING DEPT`
ft� 4 s�;1 ay 7, 1974
RECEIVED
Daniel J. O'Brien, CITY Of'�SAMMIMASS.
CITY 01 ,<_ ij4 SS.
Building Inspector
5 Broad Street,
Salem, Mass.
Dear Sir:
On March 4, 1974, I filed a written complaint with
you re: violations of a variance granted August 18, 1959,
to Anthony Goulet, 21 Charles Street, for the storage of
refrigerator trucks only. As a result of this complaint
Attorney Maurice Chouinard, Asst. City Solicitor notified
Mr. Goulet and a Roland Julien on April 9, 1974, of this
complaint warning them to comply with the variance. Since
that time Mr. Julien has continually used this garage as a
warehouse, with trucks loading and unloading daily barrels,
cartons etc. , also using the area for the washing and repair-
ing of the trucks. Your early attention to this matter will
be appreciated.
J.-
Very truly yours,
copies:
Atty. Chouniard 42 C es
S , Mass.
Board of Appeals
August 18, 1959
DECISIONS Anthony Goulet
21 Charles Street
The petitioner applied for a permit to erect an addition
to. the garage at 21 Charles Street for storage of refri,
gerated. trucks. The Inspector of Buildings refused the
permit , as the proposed change •would be in violation of
the Zoning Ordinance.
r
The petitioner appealed to this Board, and on August 10,
1959 at 8s00 p.m, in the office of the Inspector of Buildings,
City Rally Salem, a meeting of the Board of Appeal was held, ,
pursuant to the notices mailed poetpaid to the petitioner,
the abutters and others, and as advertised in the Salem
Evening News on- July 25, 1959.
The petitioner stated that the existing garage he been at
Its present location for approximately twenty-five years
and has been used during that time for the garaging of re-
frigerated trucks owned by him; that the e-fisting garage
has settled .and caused cracks in the structure. He stated
that contractors have estimated that it would be less costly
and result in better work if portions of the existing garage
were tsk.:en down and rebuilt. The petitioner explained that
thestreet is higher than the garage floor and that water
comes Into the garage;that it would be necessary to build
up, the garage floor and lay . :new cement slab .•for a floor.
After dueconsidenation,. the Board,- by a unanimous vote of
all five members 'present and' noting•, on the groun•es that
the proposed addition would not substantially change the
zoning aspect of. the area,* authorizes the Inspector of
Buildings to, jdsus said permit, with the condition attached
that the property -revert to its original status In the event
the petitioner ceases to utilize said premises for the
storage of refrigerated trucks. VARIANCE GRANTED.
Board of Appeal
By a
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f , , BUILDING REPT
APR 11 9 o6 AM '1 Mt .
RECEIVED MAURICE A. CHOUINARD
ALBERT R.. PITCOFF CITY OF SALEM,MASITY OF SALEM nssT, CITY SOLICITOR
SOLICITOR - MASSACHUSETTS
70 WASHINGTON STREET .. - 744.0678 s
SALEM, MASS. 01970 -
744.2172 - -
i
April 9, 1974,.
Mr. Anthony Goulet
30 Loring Avenue
Salem, Massachusetts
Dear Mr. Goulet:
As assistant City Solicitor the following matter has been brought to my
attention for evaluation as a possible violation of zoning ordinances. I have
been informed that you are storing meat trucks at 21 Charles Street, Salem
and connecting an electric generator to the refrigerator causing a substantial .
noise during" the night, as well as steam cleaning these trucks and using the
garage as a warehouse.
Charles Street is R-2 district and the area in back of Charles Street is
R-1 district. City ordinance reads that in any residential zone there are no
rights . to turn on a.generator for refrigerator trucks at night. The ordinance
also reads that "no lettered business trucks"can park in R-1 district. Your
petition before .the Board of Appeals on August 19, 1959 requested none of these
variances.
Copies of this letter have been sent to the building inspector and I have.
asked to be notified immediately of any future violation of the city ordinances
so that �the matter can be brought before the court.
i
Very truly yours,
MAURICE A. CHOUINARD
,j Asst. City Solicitor
:I
i MAC/ij
N, cc: Mr. Julien, Lussier St.
cc: Daniel O'Brien, Bldg. Inspector
cc: Jim Leahy, licensing board
p " cc: Mr. Kroen, Charles Stteet, Salem
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�2i von, 7, CHU pull July 19, 1973
Mr. John Kroen,
42 Charles Street,
Salem, Massachusetts
Dear Sir:
Please find enclosed a copy of a decision of the Board of Appeals,
dated August 18, 1959, in relation to the presence of refrigerator
trucks on Charles Street, with a copy of a letter received from the
attorney of the owner of that property.•
The assistant city solicitor, William K. Donaldson, is in con-
tact with this attorney in this regard. i
I suggest you contact Mr. Donaldson as to further developments
in this matter. Mr. Donaldson' s phone number is 744-1709. j
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Very truly yours ,
DJOB:cc / ✓ L' /�?�
Inspector ;Of Buildings
Copy to : Wm. K. Donaldson, Esq.
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ATTORNEY
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RECEIVED�1
CITY OF 5A4� fV#', 81973
Mr. Daniel O'Brien, Building Inspector
City of Salem
Broad Street
Salem, Mass. 01970
Dear Sir:
This is to confirm our recent conversation relative to
the use of garages at 121 Charles St. , Salem.
It appears that the garage consisting of five stalls
was built no later than 1936 and used for storage of trucks
and merchandise in the business of Anthony Goulet. The
addition to the garage was built in 1950 and rebuilt in 1959,
the latter addition being made in accordance with decision of
the Board of Appeal dated August 18, 1959.
The addition was the extension of the two stalls on the
left (when facing the building) so that these two stalls are
higher and extend beyond the front of the other stalls.
The decision of the Board of Appeals was with the condi-
tion attached "that the property revert to its original status
in the event the petitioner ceases to utilize said premise for
the storage of refrigerated trucks".
The property is still used for the storage of refrigerated
trucks and some excess stock is temporarily stored in the
garage while the trucks are on the road. The small amount of
merchandise kept in the stalls during lay-over and between
different route trips is either kept under refrigeration, or
in original sealed cans (hams, for example) . No merchandise
is left in an opened state. No delivery of merchandise to
customers is made at the premises.
It is believed that the storage of merchandise does not
violate the decision of the Board of Appeals referred to above
as the storage of merchandise��t least in the stall or stalls
not covered by that decision, is a continuation of a use of
the premises in the manner in which it was being used more
than 35 years ago.
J�avid 9. Ezic&on
ATTORNEY
ONE LEICESTER ROAD
MARBLEHEAD, MASS.
01945
Mr. Daniel O'Brien -2- 5/18/73
It is also believed that if "the property revert to its
original status", as set forth in the Board of Appeal's
decision the prior use of the property for the incidental
storage of merchandise would not prohibit the present
storage of such merchandise.
If further information,is needed or if a ruling pro-
hibiting the present use of said premises is contemplated, it
is requested that an opportunity be given for further discussion.
Very truly yours,
Attorney
August 18, 1959
DECISION= Anthony Goulet
21 Charles Street
The petitioner applied for a permit to erect an addition
to the garage at 21 Charles Street for storage of refri-
gerated. truckse The Inspector of Buildings refused the
permit as the proposed change would be in violation of
the Zoning Ordinance.
The petitioner appealed to this Board, and on August 10,
1959 at 8:00 p.m, in the -office of the Inspector• of Buildings,
City Hall, Salem, a meeting of the Board of Appeal was held,
pursuant to the notices mailed postpaid to the petitioner,
the abutters and others, and as advertised in the Salem
Tvsning News on July 25, 1959.
The petitioner stated that the existing garage has been at
its present location for approximately twenty-five years
and has been used during that time for the garaging .of re-
frigerated trucks owned by him; that the existing garage
has settled and paused cracks in the structure, He stated
` that contractors have estimated that it would be less costly
and result in better work if portions of the existing garage
s were t .en,,,down and rebuilt. The petitioner explained that
the street. ,Is higher than the garage floor and that water
comes into the garage;that it would be necessary to build
up; the gauge floor and lay a new cement slab.,for a -floore
After due, ;p onsidenation,'\the Board, by a unanimous vote of
•1 =; all figs members present and voting, on the grauncz, that
the proposed addition would not substantially change the
zoning -aspe*t of the areas ;authorizes the Inspector of
' Buildings tol-t4sue said permit, with the condition attached
that theproperty revert to its original status .in the. event
' the petitioner ceases ,to utilize said premises for the
4storage of refrigerated 'trucks. VARIANCE GRANTED.
# �'• ' Board of Appeal
Secretary
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