11 Northey St_Magistrate hearing_12-1-23 Nvvvi o,Mqs
��-- 1,may THE TRIAL COURT OF MASSACHUSETTS
° • a DISTRICT COURT Berk Ma Coate
T� '\,� Clerk Magistrate
`^ Jarred Lawlor
Salem District Court First Assistant Clerk Magistrate
N\0, "—" CO a Clerk's Office Andrew Stahnke
-T ��p'� 56 Federal Street Assistant Clerk Magistrate
6 rR1AL C�J Salem, MA 01970
TEL: (978) 744-1167 1 FAX: (978) 744-3211 Assistant Clerk Magistrate
Katelyn Giliberti
Assistant Clerk Magistrate
December 1,2023 Michelle Bowman
Assistant Clerk Magistrate
Dear Mr.Tozaj,
On November 21, 2023, a Clerk Magistrate's hearing was conducted on the appeal of violation notice #1951 and
#1952 issued by the City of Salem on August 18, 2023 and August 31,2023 respectively. On the date of the hearing,
you also submitted violation notices #1926, #1954 and #1955 issued by the City of Salem on September 11, 2023,
October 20, 2023 and October 26, 2023, that were not properly appealed within the 21 days of the issuance of the
citation.However, I took these 3 additional violations in consideration.
Each violation notice cited The City of Salem Zoning Ordinance Section 3.1. Section 3.1 of the City of Salem's Zoning
Ordinance reads:
"Except as provided by law or in this Ordinance in each district no building or structure shall be constructed, used
or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying
Table of Principal and Accessory Use Regulations."
it Northey Street Salem, MA is within Zone R2. Section 3.1 of the City of Salem Zoning Ordinance bars the use of
property that is not expressly permitted.The storage of the commercial-grade food vessels is not listed as permitted
within Zone R2; therefore, it is prohibited by the zoning code. Also, Section 3.1 explicitly prohibits commercial or
industrial uses,such as "Contractor's yards"or"Food and beverage manufacturing, bottling,processing"in Zone R2.
On November 29,2023, 1 offered to uphold violations#1951,#1952,#1926,#1954,and#1955 and reduce the ticket
amount to$200,contingent on the vats being removed from the property within 7 days. On November 30,2023,you
rejected this offer.
I am upholding violations#1951,#1952,#1926,#1954,and#1955.The total sum of all tickets payable to the City of
Salem$1100 is due December 30, 2023.
Sincerely,
®rrad Lawlor
First Assistant Clerk-Magistrate
Salem District Court