111 HIGHLAND AVE - PLANNING j Planning Board Report to Council
Regarding Zoning Amendment
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Report to City Council cr,
June 6, 2011
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At its meeting on June 2, 2011, the Planning Board voted to recommend that the City Council accept the
withdrawal of the petition to rezone 111 Highland Avenue from Residential One-Family(R-1)to
Wholesale and Automotive (B-4).
If you have any questions regarding this matter,please feel free to contact Lynn Duncan at the
Department of Planning& Community Development at(978) 619-5685.
Sincerely,
I LAC
Charles Puleo
Chairman
Cc: Mayor Kimberley Driscoll
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420 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM
CITY OF SALEM, MASSACHUSETTS
DEPARTMENT OF PLANNING AND
x Miw4:Y DR scoff.. COMMUNITY DEVELOPMENT
MAYOR
LYNN GOON[N DUNCAN,AICD
DIRECCOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970
TELE:978-619-5685 ♦ FAX:978-740-0404
MEMORANDUM
TO: Planning Board Members
FROM: Danielle McKnight, Staff Planner
DATE: May 25,2011
RE: Agenda—May 31,2011 Joint Hearing
Please find the following in your packet:
Planner's Memo
➢ Legal Notice
➢ Proposed Ordinance
➢ Materials for rezoning petition
I have enclosed a petition to rezone the property at 111 Highland Avenue from R-1 (Residential One
Family) to B-4(Wholesale and Automotive),submitted by Dennis Cataldo of Cataldo Ambulance. As his
cover letter states,Mr. Cataldo wishes to establish an ambulance station on the property. He has also
submitted an elevation drawing and preliminary site plan for the property's proposed redevelopment.
The legal notice for this rezoning petition is also enclosed. While not required by statute, the Planning
Department has also sent a courtesy notice to abutters within 300 feet of 111 Highland Avenue.
Zoning requirements
The proposed use is considered by Tom St. Pierre (Building Commissioner) to fit under either General
Services or Motor Vehicle Light Service. Neither is allowed in the R-1 zone,but would be allowed by
right in B-4. B-4 has a required lot area of 6,000 square feet;this property is 8,808. Required frontage is
60 feet;the property has approximately 105 feet of frontage on Willson Rd. and 83 feet on Highland
Avenue. The maximum lot coverage by buildings allowed in B-4 is 80; the proposed ambulance station,
as shown in the preliminary plans,would occupy 25%of the lot.
History of the property
111 Highland Avenue was once a larger lot containing what is now 111 Highland and 1 Willson Rd. The
building on 1 Willson Rd. has historically been a single-family home. Under the same ownership was 107
Highland Avenue,which prior to 1972 contained a rug business with an apartment above it. In 1972, the
owner,Dr.Von Weiss,asked for and received a variance to convert it into a medical office. The building
on 111 Highland Avenue appears to have been Joe's Super Service filling station. It later became an auto
repair garage/used car lot. In September 2008, the lot was split in two via an ANR plan approved by the
Planning Board,with the land containing the single-family house on its own lot,now 1 Willson Rd. In
1
June 2009, the Board of Appeals issued a Special Permit to change a nonconforming use to another
nonconforming use (a medical office/pain clinic). This Special Permit has not been exercised to date,
and the structure is currently used for storage.
Land use of surrounding properties
I have enclosed a map showing the land uses of surrounding properties in order to put the petition in
context. Also enclosed are a zoning map and another map showing the proximity between 111 Highland
Avenue and the hospital.
Legal opinion
Assistant City Solicitor Robin Stein is currently working on a legal opinion for the Board. The opinion
will specifically address the issue of spot zoning,which some Board members have asked about. I expect
to have the opinion on Tuesday—if it is available before the hearing, I will send it by email. If not,Robin
will brief the Board at the hearing.
2 I
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Memorandum
To: ' Elizabeth Rennard, City Solicitor
From: Robin Stein, Assistant City Solicitor
Re: Re-zoning of 111 Highland Avenue
Date: May 26, 2011
I. Issue
Will re-zoning the property located at 111 Highland Avenue ("Locus") from R1 to B4
constitute spot zoning?
11. Facts
The Locus is near the North Shore Hospital in the RI zone and contains approximately .2
acres of land. The City Council has been asked to consider re-zoning the property to B4 so as to
permit Atlantic Ambulance Service, a Division of Cataldo Ambulance, Inc., the entity that
provides ambulance services for the City, to maintain an office and park and stock ambulances
on the Locus. It has been reported to me that the Locus provides a central location from which
ambulances can quickly reach different parts of the City and that it may be useful to have
parking for the ambulances located near North Shore Hospital.
II1. Analysis
"Spot zoning occurs when there is a `singling out of one lot for different treatment from
that accorded to similar surrounding land indistinguishable from it in character, all for the
economic benefit of the owner of that lot."'Rando v Town of North Attenborough, 44
Mass.App.Ct. 603, 606 (1998) guotingWhittemore v Building Inspector of Falmouth, 313 Mass.
248, 249 (1943). Given the size and location of the Locus, at first glance, the proposed zoning
amendment may appear to be spot zoning. There are,however, arguments as to why the
proposed amendment is not spot zoning.
"[T]he legality of a given zoning amendment turns not on what parcel has been singled
out, or even on the effect on that parcel,but rather on whether the change can fairly be said to be
in furtherance of the purposes of the Zoning Act."W.R.Grace &Co.-Conn v. Cambridge City
Council, 56 Mass.App.Ct. 559, 569 (2002). "The constitutional test is whether the by-law is
`clearly arbitrary and unreasonable, having no substantial relation to the public health, safety,
morals, or general welfare."' W.R.Grace at 566. (internal citation omitted). "Once it is
established...that the amendments have a substantive relationship to the promotion of the public
welfare,the amendments are not,by definition, spot zoning..."W.R.Grace at 570.
It has been reported that the proposed zoning amendment will permit the City's current
ambulance service to be proximate to North Shore Hospital and centrally located so as to able to
timely reach many locations in the City. To the extent that the aforesaid result is substantively
related to the promotion of public welfare the proposed change is not spot zoning.
In Rando supra, the Court found that the general public received considerable benefits
from a zoning change in part because that zoning change "serves to increase the town's tax base,
and will likely increase the availability of retail services and employment opportunities."44
Mass.App.Ct. at 606. While Rando dealt with a 60 acre parcel, it would be proper for the City
Council and Planning Board to consider issues such as taxes,job creation, access to services and
potentially other factors in determining if the proposed amendment benefits the general public
and therefore is not all for"economic benefit of the owner of the lot." See Rando at 606. Lastly,
if the Locus is found to be distinguishable in character from the land around it then it is not spot
zoning to treat it differently.
2
ONDfTA. CItp of *alr I, A1agE;arbu!gett!5
• Office of the Citp Council
_. Citp fall
COUNCILLORS-AT-LARGE JERRY L. RYAN WARD COUNCILLORS
2011 PRESIDENT
2011
THOMAS H.FUREY CHERYL A.LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY - CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT IIIJERRY L.RYAN
RECEIVEDJOHN H.RONAN
PAUL C.PREVEY
MAY 0 3 2011 JOSEPH A.O'KEEFE, SR.
DEPT.OF PLANNING& May 2, 2011
COMMUNITY DEVELOPMENT
Ms. Lynn Duncan, Planner
City of Salem
Planning Dept.
Salem, MA 01970
Dear Ms. Duncan:
At a regular meeting of the Salem City Council, held in the Council Chamber on
Thursday, April 28, 2011, the enclosed petition for a Zoning Ordinance amendment
relative to l 11 Highland Avenue changing from R-1 to B-4,was referred to the Planning
Board to schedule a Joint Public Hearing with the City Council.
Please contact me at your earliest convenience so we can schedule the Hearing.
Very truly yours,
CHERYL A. LAPOINTE
CITY CLERK
Enclosure
cc: City Council
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
PETITION TO SALEM CITY COUNCIL
Under Massachusetts General Laws Chapter 40A
To Rezone Land Shown on Attached Exhibit A
Councillors:
In accordance with the requirements of Massachusetts General Laws Chapter 40A, Section 5,
the Petitioner, Cataldo Ambulance Service, Inc, the interested party of real property situated at 111
Highland Avenue(the "Property') having Parcel ID 14-199 as shown on the attached Exhibits A and B,
respectfully requests, for the reasons cited below, that the property be re-zoned from Residential (Rl)
to Business Wholesale and Automotive (134). The property consists of approximately 8,800 square feet
and is bounded and described, also shown on the attached Exhibits A and B.
The Property is a corner lot located at the intersection of Highland Avenue and Wilson Road. It
presently has dilapidated free standing building of approximately 1,800 square feet that has been vacant
since last used for vehicle maintenance approximately 5 years ago. The location is appropriate for
general business use,which is allowed along the Highland Avenue Roadway, to both the north and south
of this property. The proposed zoning of this property is compatible with the character of the area. The
Property is currently zoned R1, Residential,which is not in accord with the General Business usage which
makes up the great majority of the Highland Avenue Corridor.
The Property is under agreement with Cataldo Ambulance Service, Inc. Their intent is to
develop the Property by constructing a single building of approximately 2,400 square feet to house and
maintain for the purpose of providing ambulance services to the City of Salem and surrounding
communities. A preliminary site plan is attached for illustrative purposes, please see attached Exhibit C.
The existing buildings on the site would be demolished to allow for this proposed development.
We would request that the City of Salem take the necessary steps to re-zone 111 Highland Avenue from
Residential (111) to Business Wholesale and Automotive (134).
Respectfully submitted,
a a
Denis .CIdo
Vice President
Cataldo Ambulance Service, Inc.
Salem Web GIS - Map Page Page 1 of 1
EXHIBITA
Property Viewer
New Property Search Property Record Card A HELP
41.1 feet
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14 0198
Property ID 14_0199_0
Address 111 HIGHLAND AVENUE
?� 14_o20t Land Use 330
Book and Page 25244-52
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Lot Size(Acres) 0.20
Assessed Value $736,100.00
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Phone:978-745-9595
City Hall Hours 00Peradon:Monday,Tuesday 6 Wednesday BAM-CPM Thursday BAM-7PM Friday SAM-12PM
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Partition Against The
Rezoning Of 111 Highland Avenue
For Use By
CATALDO AMBULANCE SERVICE
We the undersigned stand in opposition to any
consideration of the rezoning the above referenced
location. We feel that such a business at this location
Is a major encroachment into what is a 100% R-1
Residential Area
We respectfully request that both the City Council
And Planning Board members reject this proposed
ZONING CHANGE
WickedLocalSalem,co
m W Salem Gazette a Friday,May 27,2011
LETTER TO TSE EDITOR
Commercial grants these owners an ex- nessed by city respondees
trao
rezoning Is a �' 'amount of who,over the past several
and powers:They years,have rarely gotten to
dangerous stop are entitled to operate the scene quickly enough
The from 7 am.to 11 pin. (if at all).
Planning Board have d (which they have done) Residents justifiably
scheduled a seven days a week,no mat- wonder,what's the point of
ay,May ter how loud or environ- calling.But if they don't,
31 joint public hearing on mentally invasive their au- then responders say,"Well,
rezoning the property attomotive businesses can you didn't,and ifyou
iII nd One from R- often be Nearby residents don't,we can't help you.
I esidenWholesale&� —apparently not even en- But keep calling,and even-
motive.This is an alarm- titled to adequate buffer- Wally we can do some-
ing—are on the other thing about it:•Eventuat-
ing proposal.since rezon- hand,utterly powerless. ly"however,remains elu-
ing could permanently My concern isnot limit- sive.
jlifeopardize the quality of ed to the perils of"busi- To avoid replicating the
e of the residents in that ness-friendly-and-resi- nightmarish experience of
dents-be-damned'zoning, these unfortunate resi-
Asthe Northfields but extends to the virtual dents,I therefore urge the
tneighborhood represents- impossibility of holding City Council and Phuming
he mato gh- business owners account- Board to reject this zoning
borhood Improvement able if they push zoning amendment from taking
Advisory Council,I've seen limits even further than effect at 111 Highland Ave.
fust-hand the negative im- what is allowed.Residents I urge Salemites through-
pact of two automotive in the above-mentioned out the city to add your
businesses on the quality neighborhood are told to voices,because once the
of life of the R-2 zoned call the police or fire de- zoning changes to B-4,
neighborhood they abut in partments depending on that neighborhood's quali-
the Franklin Street area I the infractions(which ty of life will never be the
have also shared those res- have even occurred in the same.And what other resi-
idents'profound 5rustra- middle of the night).The dential areas will be next?
tion with the city is inability catch is that health,street —Leslie Limon,South-
Commercial mitigate thatoning blockage and after-hours wick Street,Salem
zoning violations must be wit-
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Petition Against
Rezoning
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Petition Against
Rezoning
111 Highland Avenue
From R-1 to B-4
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Petition Against
Rezoning
111 Highland Avenue
From R-1 to B-4
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Date: May 31, 2011
To: Members of the Planning Board of the City of Salem
Members of the City Council
From: Northfields Residents Adversely Affected by Automotive Business Practices in their Neighborhood
Leslie Limon, Northfields Representative, Mayor's Neighborhood Improvement Advisory Council
Re: Joint Public Hearing on amending the City of Salem Zoning Ordinance by rezoning the property located
at 111 Highland Avenue(Assessor Map 14, Lot 199)from R-1 Residential One Family to B-4 Wholesale
&Automotive Zoning District scheduled for May 31, 2011.
This memorandum is submitted to support the contention that the above-stated amendment will severely
compromise the quality of life of the residents in that area—and will do so in perpetuity. This contention
comes from the first-hand experiences of residents in a North Salem R-2 zone with two abutting automotive
businesses(K&C's Autobody and Autohaus, 13-14 Franklin Street). It also comes from the City's inability to
hold them accountable for"unfriendly" business practices off and on over the past eight years or more. Even
one R-2 abutter—clearly taking advantage of proximity to a commercially zoned property and an obviously
lenient approach to violations—began engaging in their own health-hazardous practices this past spring.
In documenting these business practices—some highly detrimental to the quality of life of their neighbors,
and deleterious to their health and well-being—this memorandum aims to impress as strongly as we can
upon the Planning Board and City Council that a decision to approve the above-stated amendment carries
with it devastating consequences for the quality of life for residents in that area for generations to come.
K&C's AutoBody on Franklin Street at Franklin Street Court has, over the years, been a chronic source of eye-
and throat-burning fumes for neighbors on Franklin Street, Franklin Street Court, and Foster Street. K&C's
exhaust system emits choking and nausea-producing fumes from paint and other chemicals, sporadically but
often, thereby affecting residents' health and well-being. Dorothy Healey-Lemelin, the closest abutter(the
house has been in her family for generations), is not the only resident to report the problem—or the only one
to suffer from it—but has been reporting it longer and more consistently than any one else. And it is not just
residents who have experienced the noxious fumes. On April 25 2008, then Health Agent JoAnn Scott
confirmed that odors were emanating from this auto body shop.
On April 22, 2008, the owner was ordered to abate the odor nuisance. The order stated: "Dear Mr. Foy, on
Tuesday, April 15, the Salem Board of Health received a complaint regarding odors in the area of rear Franklin
Street. I arrived on location at 7:30 p.m....your business was open at the time. I spoke with you and your son
Kevin. I observed a car in the paint booth that was drying and the exhaust system was operating. However one
set of filters was highly soiled, and the second set of filters was not in place at all. You stated that you would
replace all filters immediately. Odors from your business that cross property lines and affect residents
constitute a public health nuisance. Therefore, in accordance with Mass. General Laws, Chapter 111, Section
123, you are ordered to cease creating an odor nuisance at your business, K&C's AutoBody, immediately."
On Aug 6 2008, Ms. Lemelin submitted another complaint to the Board of Health. Again,JoAnn Scott went on
site and noted odors. On behalf of the Health Department, she took out a request for a criminal complaint
against Charles Foy(e), owner of K&C's AutoBody.The request cited "numerous complaints of odors
emanating from K&C's AutoBody have been received by the Board of Health....the owner has failed to comply
with the Board of Health order dated April 22...." Notice was served to K& C's attorney, Joseph Correnti, for a
hearing ultimately continued to December. In December the clerk's hearing was conducted and continued `
again to January 28, 2009, for compliance with the Board of Health.
In January 2009, David Greenbaum by then the acting Health Agent for the city, sent a letter from the Board of
Health to the District Court, copying the City. It read: "To whom it may concern, Charles Foy, owner of K&C
Autobody, has taken proactive steps to help remediate the odor nuisance emanating from his business. He has
implemented the recommendations...and the Salem Board of Health has had conversations and consultations
with the Massachusetts DEP regarding the exhaust system at the establishment. It appears that the exhaust
stack is built in accordance with all DEP requirements and is currently in compliance. Therefore the Salem
Board of Health asks the court to...dismiss the criminal complaint against Mr. Foy with the understanding that,
should any future odor nuisances or complaints arise from his business, the BOH retains the right to file a new
complaint...."The complaint was dismissed.
The problem seemed to go away until 2009, when the fumes once again became a severe health problem for
nearby residents after trees that had served as a buffer were removed from an adjacent R-2 property.
AUGUST 6,2009:E-MAIL FROM JON PITTS[FRANKLIN ST.CT.RESIDENT]TO NIAC REPRESENTATIVE LESLIE LIMON:
I am really glad that we are attacking this subject as Dot (Dorothy) and I have been discussing this for some
time. I am Dot's neighbor and 1 too smell the fumes from time to time, and as soon as I do, I get a splitting
headache. This morning while in my yard, I smelt the odor and went inside and now I am writing this with a
splitting head-ache and nausea. I too have been calling the Salem Board of Health....I did meet with JoAnne
last summer with Dot and advised her to come and inspect as soon as we call with a complaint in her personal
car so that it would halt any suspicions from K&C to cease their current work. She tried a couple of times, but
by the time she had arrived the smell had dissipated and work had been completed.
Last summer I was approached by [owner Charles Foy] in my back yard, while I was on the phone. He (without
my permission)entered my back yard and started ranting using some strong expletives about Dot, saying that
he needs to go after her for harassment etc etc. He asked me to approach him first if I smelled anything
strange in the neighborhood so that he could fix it prior to calling the Board of Health and/or Dot. I informed
him that by request of the Board of Health I was to call them [but] would talk to him about any recurrence.
The following day when I smelled the fumes, I went to K&C to tell them and was told by someone other than
[Foy]to "<expletive>off."Since then I have not approached them nor have I spoken with them.
I am eager to make this situation go away as soon as possible as my wife and I have talked about starting a
family and don't want these fumes to create any complications with our health. [Ms. Limon notes: The Pittses
now have a 7-month-old daughter, making their concerns even more pressing.]
AUGUST6,2009: FROM JON PITTSTo LESLIE LIMON,DOROTHY LEMELIN:While my wife and I were Cooking dinner on
the grill I noticed a strong odor of fumes, l mean these were intense. The fumes were strong enough that I
could taste them, and when 1 returned inside,Jennifer noticed that she could smell them on me. [With a]
telephoto lens...I instantly started snapping pictures...they clearly were painting....the owner Charles
approached me with his crew in tow....(for]a confrontation where he used objections like "We're legall"and
"We're not even painting just doing maintenance."
OCTOBER 30,2009: FROM JON PITTS TO DOROTHY LEMELIN,PAUL PREVEY,LESLIE LIMON,BEVERUE MCSWIGGIN
I just walked in the door after a long day at work, very long since I am battling a nasty cold. When I got home I
noticed the paint fume odor again. I went back down to try and see if I could take some pictures of them doing
work in the shop, but the doors were closed and the fans cranked up high. Now mind you I have a nasty cold.
I could smell and taste these fumes and as 1 walked closer to the shop I started coughing uncontrollably.
They are bad. ....We need to get something done about this, I don't know how this has gone on so long
without have a 'surprise' inspection done on these guys.They are clearly not using the required filters in their
2
ventilation system. This needs to end now. How are they allowed to be doing paint and body work at 7pm on
a friday night?Isn't this a residential neighborhood?
These messages are emblematic of the frustration frequently expressed to Ward 6 Councilor Paul Prevey,
Leslie Limon,the neighborhood representative to NIAC, and Jason Silva,the Mayor's top aide.They reflect
residents'extreme frustration not just with "bad neighbor"business practices, but also with the fact that
they're offered no choice but to live with it. Past responses by the fire and police departments to Ms. Lemelin
have ranged from ignoring her, to giving her the runaround, to berating her. Early on, not knowing whom to
call, she used to call the police. Each time, by the time they came, K&C would have shut off its exhaust.The
officer would therefore not see any problem, and would either reprimand her or tell her(even in mid-
summer) to stay inside and keep the windows closed. Fire department responders would do the same.
In a message to Ms. Limon, Ms. Lemelin recalls: "I called the fire department earlier this year when I saw
heavy black smoke seemingly coming from my barn. The truck arrived and a Lt. Leonard came out of nowhere
yelling at me in the dark and advised me that 'I have to make you understand...I am not going to do anything
as long as this business has the proper permits.' I told him I thought my barn was on fire.Anyway, the fire
truck drove away and I watched the smoke continue to flow onto my 200 year old barn and into my yard."
She eventually connected with then Health Agent JoAnn Scott, who explained that K&C would have to be
caught in the act of emitting fumes in order for.the City to do anything. Since the fumes typically happen off-
hours for our part-time Health Agents, Ms. Scott gave Ms. Lemelin an off-duty phone number to call her
whenever there were fumes. Ms. Scott also instructed her to call the fire department's non-emergency phone
number for off-hours calls. But virtually every time a responder would arrive, the exhaust had already been
turned off. Even on rare occasions when responders have detected fumes, they have never held the
automotive business owners accountable except for that one 2008 Board of Health order.
SEPTEMBER 2009: FROM LESLIE LIMON,THE NEIGHBORHOOD'S NIAC REPRESENTATIVE, TO FELLOW NIAC MEMBERS:
I'd like to take the opportunity at this week's (if possible)or at least next month's NIAC meeting to invite David
Greenbaum and an authorized representative of the Salem Fire Dept. to address this issue head-on and
resolve it. This is not just about swiftly responding to reports of toxic fumes, although that should be issue
enough, given what happened in New Bedford earlier this week.There are also broader issues: A lack of inter-
departmental communication; a lack of consistent, effective procedures (or documentation and knowledge
thereof, if there are any);and an overall lack of interest within the City in rectifying both the specific and the
broader issues.
The question is this: What is the appropriate way, 24/7, to deal with the detection of toxic fumes, whether it's
a sudden one-time occurrence or—as in this case—a chronic problem affecting the health of residents? My
understanding is that there is a 'gotcha':Air polluters must be caught.in the act of polluting. In Ms. Lemelin's
case, the auto body shop has shut off its offending exhaust system by the time responders eventually appear
(if they ever do appear). The responders use their air quality testing gizmo....surprise, surprise, it picks up little
or nothing....then they make Ms. Lemelin feel like the transgressor for registering the complaint.
Something's wrong here. And it's time it got fixed. Not just on behalf of this resident, but for the sake of all the
other abutting residents (who can confirm the problem) and any other residents throughout the city who face
the same unhealthy air situation, no matter how sporadically the polluting occurs.
ATTACHED TO THE ABOVE E-MAIL MESSAGE WAS A COMPILATION OF E-MAIL MESSAGES MS.LEMEUN HAD SENT MS.LIMON-TOO
MANY TO ATTACH TO THIS DOCUMENT,BUT EXCERPTS ARE INCLUDED BELOW.
3
RE:SITUATION BETWEEN 2006 AND 2008: "1 did not call the Police this time but I used to calla lot [when] the fumes '
came in the house. For instance: The dispatcher advised me on July 10, 2006... This is a complaint, call your
ward councilor.'Then I would call the fire department to hear, 'this is just a complaint, call your Ward
councilor.'There have been at least four Police cars or more that have come to this residence in the past but I
gave up communications with them due to them saying, 'Why are you complaining now?These businesses
have been here for years."They have the permits to paint...everything is legal.' 'You are going to smell
paint odors...you live next to a business that paints trucks...just go inside when you smell the paint odors.'
The last one was very nice: 'Do you want me to take you to the ER? "
RE:THE FOURTH OFJuLY 2006: My Family and neighbors were in the yard having a cookout on the fourth of July
two years ago and I called the Police. Officer Lynch drove up but would not come in the yard...he said, "I can
smell the fumes from herein the street."There were eight adults and five of my grandchildren exposed to
the fumes as well as our 91 year old Aunt and 93 year old Uncle.
IN 2009: "[The Pittses] next door to me have called the Health Department...JoAnn Scott detected the odors
on two occasions, David Greenbaum on two or three occasions, other neighbors, carpenters working next
door, and other family members have experienced the fumes."
IN 2009: "1 have sent many emails to all departments trying desperately to get some help....I am at a loss for
what to do. I go into the house and close my windows when I hear [K&C's exhaust fan] go on for fear of
breathing in toxic paint fumes. I wouldn't go out into the yard for a long time for fear of the fumes. I only went
out when my brother was here at first. Now, I do go out in the yard but hurry in the house just as suggested by
one of the Officers that came over last year. We have learned not to even use the yard now for any family
events because no one will help us when we need them. And yet the Police and Fire department share the
same thoughts that I should just live like this because the auto body businesses are here.....the businesses
are only here because the City gave them permits."
SEPTEMBER 2009: FROM JASON SILVA,CHIEF ADMINISTRATIVE AIDE TO THE MAYOR,TO NIAC MEMBERS:
I would like to take this opportunity to respond to concerns relative to the K&C Auto Body Shop property and
the reported release of toxic fumes from the site. In particular, I would like to demonstrate all of the work
that has been done on this issue to-date and help you understand all of the cooperation, collaboration and
communication that has taken place between municipal departments and state agencies to come to a
resolution to this problem. According to the Board of Health's (BOH) file on this topic and BOH minutes dated
May 13, 2008, work on this issue began in the fall of 2005. There is a long history of interdepartmental
communication and cooperation on this case. I will do my best to give you a rough idea of what has occurred
up to this point.
[He then enumerates the complaints and their dispositions between August 16, 2005 and August 4, 2009,
including the of Board of Health actions.]
Through these years, the City's Health and Fire Departments in particular have worked closely together on this
issue. They coordinated a way for the complainant to file this concern whenever it was experienced by
contacting the Fire Department if the Health Department was not available to ensure an adequate response
and that the complaint was recorded. In addition,the Health Department worked with the DEP to ensure that
the new filtration stack and system was in compliance with DEP requirements. I do not believe that there was
a lack of interdepartmental communication in this case or a lack of interest in coming to a resolution.
If the resident continues to experience any sort of chemical odor he/she should file complaints in the same
manner that is described above.I hope this helps in explaining the situation and the work that has been done
up to today on the problem. If you have further questions or comments please do not hesitate to contact me."
4
The matter was brought before the Neighborhood Improvement Advisory Council in September 2009. Ms.
Lemelin, her brother, and Mr. and Ms. Pitts offered first-hand testimony of departmental run-arounds and
dispatcher indifference or ignorance about the protocol, in direct contrast to the official reports presented by
Mr. Silva with respect to interdepartmental communication and interest. After hearing their testimony, NIAC
members advocated for aggressive City action, including surprise inspections to check that K&C's had properly
installed and was using adequate filtration. Members also suggested showing up unannounced to stage a
spray painting with all the fans turned on, rather than waiting for serendipity. Mr. Silva promised to pursue
these avenues with the Board of Health, but as of May 31, 2011,there have been no staged inspections. After
the NIAC meeting, a follow-up meeting was scheduled with neighbors, business owners, and representatives
of the fire, police, and health departments in November 2009. The business owners did not attend.
DECEMBER 19,2009: FROM PAUL PREVEY TO LESLIE LIMON
We had a good meeting with [Dot] a few weeks ago at 120 Washington St. with the fire chief, acting health
agent, building inspector and Jason. Her neighbors the Pitts were there along with Dot's brother John. We did
our best to impress upon her that there has to be a procedure to follow in order to address the violations
which K&C and AutoHaus continue to commit. Dot has to understand that she must help herself by making
these calls so the City can help her. If she does not do this then this will continue and we will all be helpless
to remedy the situation.
At the meeting, apparently no meaningful discussion occurred about preventing fumes in the first place.
However, over the years it has been repeatedly explained to Ms. Lemelin that K&Cs Autobody and the
adjacent business,Autohaus, technically have the right to do what they are doing—operate until 11 pm, 365
days a year, if they want(and do)—given their commercial zoning. No City official has ever demonstrated
interest in a formal review and assessment of K&C's and AutoHaus's current business practices, despite the
fact that both establishments have evolved to include practices considerably more invasive to the
environment and to quality of life than in 1965 when their commercial zoning was grandfathered.
It has also often been implied to Ms. Lemelin and her neighbors that some good will come out of their
following proper reporting procedures. Ms. Lemelin has, in fact,fairly consistently followed protocols since
November 2009. Yet, as of May 31,2011, IS months later, nothing has changed.
AUGUST 10,2010: FROM DOROTHY LEMELIN TO DAVID GREENBAUM,CC PREVEY,LIMON,MCSWIGGIN,PITTS
I returned home at approximately 8:45 pm this evening with my Daughter and my two Grandchildren. We had
the top of my car open and could smell the paint fumes coming up from Franklin Street onto Foster Street.
We couldn't believe it! The fumes became strong as we rounded the corner and pulled up in front of my
house. I had my daughter rush into the house with the children. The fans shut off within IS minutes
and fumes gradually blew away but my daughter&I had severe headaches for a few hours.
AUGUST 10,2010: FROM LESLIE LIMON TO LEMELIN,PREVEY,GREENBAUM,ROCKVILLE,SILVA,RENNARD,PINTO,LOVELY,
SARGENT[EXCERPTS]
Dorothy: I was about to write my own message about the noxious fumes last night when I saw your message.
So I've taken the time to write a much longer message than I'd planned–and send it to a few more people
than I'd planned.
To the list above: I, too, was on my way home about 30-45 minutes earlier than Dorothy, with my car
windows open. I got hit with the fumes as I approached the intersection of Franklin and Foster St. Ct.
5
I started to choke—my eyes began to smart—1 quickly rolled up my windows, but by then the fumes were
inside my car and 1 was starting to feel nauseous. It is no exaggeration:the fumes that Dorothy has
repeatedly reported are physically affecting in no small way.
And, as I've written before, this whole back-and-forth about issues regarding K&C Autobody and Autohaus
over the past—what, three years, now?—is getting really tiresome. If the City of Salem truly cannot figure out
what recourse exists to rectify this situation, or is just plain uninterested, or too busy, or whatever, then for
pete's sake explain yourselves. And do it in writing, if you don't mind.
And please don't limit your explanation to the fumes. You also need to address lack of City interest/action
with respect to Franklin Ct. street/driveway blockage, often with long-idling trucks,overnight flatbed truck
deliveries;and the noise of heavy-duty autobody work continuing until(and sometimes post)12 pm at
night, up to seven days a week, including holidays, year-round.
[Dorothy, I know you were asked to report infractions like these to the police, and I know you have in the past.
But I think you're justified if now you're wondering what's the point, because I certainly don't see that
anything has come of it. I would hope to see an explanation for the lack of follow-up by the City.]
We've seen the argument that their(grandfathered) zoning permit technically allows them to stay open until
11 pm, 7 days a week. 1 have repeatedly questioned whether K&C and Autohaus were actually engaged in
this kind of heavy-duty work when their zoning was grandfathered, but have never been given an answer....I
would like to see an explanation in writing why that permit can't be reviewed and altered if establishments
consistently stretch or violate their limits allowed by right—or if their operations are deemed to cause
adverse health effects by polluting the surrounding air that neighbors have no choice but to breathe.
AUGUST 11,2010:FROM BETH RENNARD TO LESLIE LIMON
Leslie, I understand the health agent has had DEP involved, taken this cc. to court, ordered alterations, those
alterations have been put in place, etc. I am getting a copy of the file. The health agent is going back out to
the site and will update me. I notified our asst solicitor who will assist the health agent as we move forward.
[Ms. Limon supplied Ms. Rennard with a summary of the legal actions taken on behalf of the Board of Health.]
AUGUST 12,2010: FROM BETH RENNARD TO LESLIE LIMON
Thank you. The mayor's office has asked the health agent to contact DEP re. an inspection, testing equip., etc.
I also have a call in to our fire chief re. our air testing equipment.
SEPTEMBER 02,2010:FROM JASON SILVA TO JONATHAN PITTS AND LESLIE LIMON,CC LEMELIN,PREVEY,GREENBAUM,
ROCKVILLE,RENNARD,PINTO,LOVELY,SARGENT
As you know, I have sent a couple of emails on this topic detailing the City's involvement and actions. If
anyone on this email did not receive that and would like a copy I'm happy to send it along. I will do my best to
explain what has been done since then and is being done currently on this issue.
The Health Department is currently making routine trips to Franklin Street and logging the inspections date
and time.As I'm sure you can understand, it is impossible for the Health Department to take action until they
experience the odors as others have. Up until now, it is my understanding that the inspections conducted have
not resulted in any enforcement action because in order foran action to take place the Health Department
must observe and verify the complaint first hand. (Ms. Limon notes: Mr. Greenbaum has, in fact, smelled
fumes. But he arguably hasn't smelled them as strongly as neighbors have, since they're mostly dissipated by
the time he arrives.)
The Health Department has also reached out to the Department of Environmental Protection once again and
requested that they send a representative to inspect the ventilation system at K&C Auto. As of today, DEP has
stated that they will likely not conduct an on-site visit to investigate this matter for a couple of reasons.
6
' First, they would not take anymore action than we have already taken without being able to verify the
complaint. Second, based on all the information that we have provided, DEP feels that this auto body shop
has done everything that...DEP would require to alleviate this problem. [Ms. Limon notes: That information
consisted of photos of the exhaust stack and perhaps the 2009 inspection report which don't begin to
adequately document the 2010-2011 reality.]
I would like to remind you to please follow the protocol described at the meeting we had months ago to
report instances of odors in the neighborhood. As a reminder, you should call the Fire Department
immediately if you experience any odors.They will get in touch with the Health Department to get an
inspector on-site if possible.They will also respond.
Below I have also included a letter from Tom St. Pierre, the Building Inspector and the City's Zoning
Enforcement Officer that was sent to Ms. Lemelin concerning the zoning issues mentioned. Any questions on
that topic should be directed to Mr. St. Pierre. Lastly, all who I have talked with are more than willing to once
again sit down with the neighbors and discuss this issue and try to develop a way to address it to the best of
our ability. If anyone is interested in this offer please let me know. Thank you.
April 12, 2010
Ms. Lemelin,
You have expressed concerns regarding the Automotive repair shop located next door to your property.... The
property in and around your home, including the Commercial Business next door,is located in an R-2 Zone.
This zone allows one and two family homes and a few exempt uses (churches, schools, etc). However, the
building next door has contained Commercial uses prior to the adoption of current zoning(August of 1965).
Therefore the building and its uses are "Grandfathered, legal, non-conforming"under the Zoning act. This
protection is dictated by the State Zoning Law-M.G.L. 40A and is reflected in Salem Zoning under section 3.3
of the current Salem Zoning Ordinance.
The intent of Grandfathering buildings is to prevent a City or Town from changing a zoning District and all of a
sudden a property owner would have a property that would become illegal. What is allowed is changing
zoning and forcing any new construction to conform to zoning.
Therefore my official determination is that 13-15 Franklin Street is a legal, Grandfathered, non-conforming
structure. If you disagree with my interpretation, your Appeal is to the Salem Zoning Board of Appeals. If you
want to Appeal, you must fill out the application, pay the applicable fees, and you will be scheduled for a
public hearing before the Z.B.A.
As to the issue of parting out cars, I visited Auto-Haus shortly after your last complaint. They told me that
they did buy a car from Ferris and did strip it for parts, returning the hulk the same day back to Ferris. I have
asked them in the future to do this type of work inside the garage bays. As far as Ferris driving on the street,
you need to address that issue with the traffic division at Salem P.D. I will copy this letter to them.
Thomas St.Pierre, Zoning Officer/Director of Inspectional Services
SEPTEMBER 14,2010: FROM:JON PITTS TO LESLIE LIMON,cc LEMELIN
It is becoming more and more apparent to me that Mayor Driscoll and her administration care more about
revenue into the city and the local businesses more than the actual citizens of Salem.This isn't the first issue
that they are trying to brush under the rug. It's a harsh reality that the businesses bring in big bucks for the city
in the way of taxes and hurting the businesses means hurting the city's revenue stream.
The reality is 1 don't think that we are going to get any help from the city at this point in time. Even if we
continue to go their chosen path of calling the fire dept. each time, it isn't going to get anywhere, it hasn't
yet and 1 don't think that it will. Sorry to rant here but I guess I am really fed up with the city's lack of
response for protecting their citizens.
SEPTEMBER 1S,2010:LETTER VIA US MAIL FROM BUILDING COMMISSIONER THOMAS ST.PIERRE TO LESLIE LIMON,CC SILVA,
RENNARD,GREENBAUM[EXCERPT]
Mass. State Zoning Law, 40A, clearly defines that an existing building remains legal when new zoning is
implemented. The owner of 13-15 Franklin Street did not have to...apply for anything to continue using the
building commercially. As far as the quantity and type of chemicals being used,that is not a function of the
Building Department....perhaps you might want to make an inquiry with the D.E.P. The blocking of a street is
never condoned by the City. For questions relating to the blocking of the street I again refer you to the Salem
police Department,Traffic Division.
SEPTEMBER 16,2010: FROM LESLIE LIMON TO DOROTHY LEMELIN AND JON PITTS
[Councilor at Large] Steve Pinto called me yesterday-- here's what he said: On Monday he parked his truck on
Franklin Street and sat there for awhile. "I didn't really smell anything; I don't know what to look for, the smell
of paint, whatever," he said. [I reminded him that it's sporadic and doesn't happen all the time, and he said,
"Yeah, I remember that you mentioned that to me."]
He also told me he spoke to Tom St. Pierre, who said that K&C's meets all of the requirements as far as the
filters are concerned and as far as DEP is concerned. In 1965 the city council revised the zoning, which means
they went around to different parts of the city and made major zoning changes, but that particular area was
never changed. It's zoned today the way it was then. "Those businesses were actually there as long as the
neighborhood has been there," he said. When he spoke to David Greenbaum, David told him that there was
a man—or a business—in that area,fabricating metal. Councilor Pinto wonders, if he's fabricating metal,
maybe he's also spraying. He doesn't really know where to look for it. David also mentioned to him that he
stops down there from time to time and can't smell anything.
He said he would try to find out where the guy doing metal fabrication is doing it. He has no way of knowing if
it's in the same building, "but I'm going to keep an eye peeled out down there to try to figure out what's going
on, and where this particular smell is coming from." If this guy is spraying metal, he says, then that may be
where the smell is coming from. If he finds something, then that would be an illegal business"and that's
another thing," he said. He also said he'd call Paul Prevey and mention it to him "because maybe some
neighbors know something that's going on over there that we don't."
SEPTEMBER 16,2010:FROM: DOROTHY LEMELIN TO LESLIE LIMON AND JON PITTS[EXCERPTS]
K& C have not been using the exhaust fans for over two or three weeks so how could Steve smell any toxic
paint fumes Monday....I work at home so I know when the fan goes on. I arrived home at approximately 8:00
pm and K& C are working tonight with the exhaust fans running...it was raining and, as I walked into the
house I noticed a hot welding odor in the air but no toxic fumes.
At our meeting last year someone brought up the fact that K & C was not putting the filters in the spray booth
machine. Mr. St. Pierre was going to monitor the amount of paint they ordered and the number of filters K&C
used to make sure they were in compliance. David & Mr. St. Pierre were also going to test the loudness of the
fan and I asked them to let me know when. I never heard from them about that test. Mr. St. Pierre
remembered when he was a Salem police officer and K& C was in that building. I have researched...that K&
C's business at that time was performing the replacement of glass car windows(still do this)and paint detail
on vehicles...that is not spray booth painting.The building at 13-14 Franklin Street was just an ice company
while we were growing up. Later it was split up into bays when my Mom& Dad were here alone. 1 feel as
though someone pulled a fast one on my elderly parents by not notifying them of all changes that would
affect their family's well being.The home in front of our home was 15 Franklin Street but that was torn down.
I do not know when K& C got in the building. I did go down to see Mr. St. Pierre's office to see any permits for
the abutting business Auto Haus ...there were none... but they gave me K & C permits.Auto Hous business
was[allowed]by the City, against the wishes of my Father, to rent abutting our property. Auto
8
' Haus...started blocking my driveway and parking all vehicles for repair under our house windows all day...now
he parks them on Franklin Street. I got my ADT security system shortly after AH started his business next
door....Fabricating Metal?That guy David mentioned is perhaps Auto Haus who has started(1 have dates)
pulling cars apart [Ms. Limon notes:At least since April 2010, according to the above letter from Mr. St. Pierre
to Ms. Lemelin] and had a new silver stove pipe installed less that 6 feet from my barn....I had to call the fire
department when AH installed it because there was so much smoke I thought my barn was on fire. There have
been welding vendors and deliveries by large oil vendors since this was installed
Problems over the years also include illegal parking,street blockage, and noise after 11 pm, as well as unsafe
dumping of hazardous materials by the Goldbergs in the back lot of their R-2 zoned property at 9 Franklin St.
SATURDAY,JULY 9,20OS: FROM DOROTHY LEMELIN TO THEN WARD 6 COUNCILOR MIKE BENCAL,CC COUNCILORS AT LARGE
JOAN LOVELY AND ARTHUR SARGENT
A truck just woke us delivering a car at the end of our property...it is 11:10pm on Saturday. Now three men
have gone into the Auto Haus body shop next door and evidently have started work at this hour. I called the
Police as you have advised and was told by Officer LeBrun that they came over here the other night and there
was no problem...they were quiet....so unless they are making noise....they can work. 1 advised him of the
ordinance and that you had told me to call but he advises me that it doesn't matter. He is well aware of the
ordinances...and as long as the business is quiet they can work. Is this a standard for all of the City of Salem
or just for Auto Haus in our residential neighborhood. Are you aware of this? I don't think so otherwise you
wouldn't have advised me to call the police. Why should Auto Haus have the priviledge of working all hours
and disturbing our sleep.
SUNDAY,JULY 10,2005: FROM JOAN LOVELY TO DOROTHY LEMELIN,CC BENCAL,SARGENT,AND ST.PIERRE
I spoke with Tom St. Pierre, the building inspector, on Friday about the hours of operation at this business. He
said he is familiar with the situation and that according to our noise ordinance, they would be allowed to
operate from 7AM to IIPM. Now, I'm not sure if they have any restrictions relative to any variance or special
permit they may(or may not) have had to obtain to operate there. I will have to check with the Board of
Appeals to determine that. Our noise ordinance does not specifically outline hours of operation for tow
companies or auto body repair businesses, however according to Section 22-2 Noises enumerated, The
following acts, among others, and the causing thereof are declared to be loud, disturbing and unnecessary
noises and to be in violation of this chapter, but such enumeration shall be not deemed to be exclusive:and
Section 22-2(6) Vehicle or motorboat repairs and testing(states that)repairing, rebuilding, modifying or
testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary.
All building inspectors, in addition to police officers,shall be enforcing persons for the purpose of this
subsection. My interpretation is anytime noise is emitted in this regard, the building inspector and/or police
will enforce, meaning stop the noise offense....When I was the ward three councilor, we had a similar problem
with a tow company (that sat next to a residential neighborhood) dropping off vehicles at all hours of the night
and we were successful in getting them to close their business at 1113M. That did not ultimately work for them
and they moved their business out of the city. Again, l will need to clarify exactly when these people can
operate their business, but at the very least it cannot be past IIPM. They would need direct permission
from the City Council to do that. I will let you know what I find out.
r ► * s
Did Councilor Lovely ever get to the bottom of things?We don't know. We do know that in the past six years
the messages remain mixed about what is and is not allowed after 11 pm. The only clear message is this:
Leave the businesses alone. Let them do what they want. Four years later.
9
AUGUST 6,2009: FROM JON PITTS TO LESLIE LIMON
had no idea that [the Goldbergs] cut down buffer trees, and I am really disappointed to have learned that.
Also I find it bothersome when 1 drive home only to find a huge tow truck blocking the street for which I have
to wait sometimes up to five to ten minutes before they will move and 1 can get to my house.
NOVEMBER 3,2009: FROM DOROTHY HEALEY LEMELIN TO PAUL PREVEY,Cc LIMON
At 3:30 AM this morning we were awakened to the beeping back up truck for a flat-bed vehicle delivery
adjacent to my fence for the business next door,Auto Haus. The blocking of my driveway and street access
has not stopped. The flat bed trucks have started once again to deliver vehicles to Auto Haus by stopping in
the middle of Franklin Court by my driveway or just unloading under the no-parking signs that are not
there. Is there anything we can do about this?
NOVEMBER 9,2009: FROM DOROTHY HEALEY LEMELIN TO PAUL PREVEY,CC TO PITTS,MCSWIGGIN,LIMON
At 2:30 am 1 was awakened to another beeping truck delivering a car to the abutting business adjacent to my
fence. My family should not have to endure this. Please advise.
COUNCILOR PREVEY REPLIED, agreeing that this was unacceptable and stressed that she must follow proper
procedures, e.g., call the police.
NOVEMBER 10,2009: FROM JON PITTS TO LESUE LIMON,CC TO LEMELIN,MCSWIGGIN,SILVA,PREVEY
What are the noise ordinance laws regarding residential neighborhoods in Salem? If so what are procedures
for lodging a complaint? I believe that I was also woken by this the other morning, but it is hard to tell, since I
am typically super confused when I wake up in the middle of the night and will often fall right back asleep. I
did wake up at the same time as Dot is reporting that this happened but I did fall right back asleep.
The [November 19 meeting, referenced earlier in this document] can't come soon enough, we really need to
get these issues resolved sooner rather than later. 1 have been noticing the odors emanating from K&C a lot
again recently. When I smell them in my driveway 1 walk down the street and when 1 get to Dot's house the
odors are gut-wrenching. It is so strong you can taste the odor. We need to do something about this soon.
APRIL 14,2010: FROM DOROTHY LEMELIN TO JASON SILVA,CCTO PREVEY,LIMON,PITTS,MCSWIGGIN
This morning a large yellow backhoe from Ferris's junkyard drove onto Franklin Court and into Auto
Haus....The backhoe picked up a very small junk part(blocking the street as he does)and brought the part
back to his junkyard on Franklin Street. This is a new practice that we have never had to deal with before
and living here is just getting worse. The backhoe makes tremendous noise and the gasoline fumes linger in
my yard from his visits. The delivery and removal of junk car parts leaves a trail sometimes of gas or glass
depending on what junk is being moved as he backs up in front of my driveway. The backhoe has been left
to idle for sometimes a half hour next to my driveway while he chats with the men.
Would you please advise me as to why this is now being allowed and what permits, if any, have been allowed
by the City?Thank you Jason,for taking time to discuss these issues.
APRIL 14,2010:FROM JASON SILVATO DOROTHY LEMELIN,CC PREVEY,LIMON,PITTS
I will share your email and concern with the Building Inspector for his review and response. Thanks.
AUGUST 9,2010: FROM DOROTHY LEMELIN TO PAUL PREVEY,CC LIMON,PITTS,MCSWIGGIN '
I am emailing once again with some of the same issues regarding the abutting business and Ordinance
Violations on Franklin Court.
1. No Parking Zone- Franklin Court: ...continuous parking...has never stopped since our last communication on
this matter.The violators may give it a rest for a few weeks but then start all over again with the unloading of
vehicles into the no park zone using bed delivery trucks, blocking the street, blocking or parking way too
10
close to my driveway, lengthy stays in the No Park Zone...one delivery truck(SnapOn)parks for over 45
minutes leaving his engine idling in the no park zone.
2. Noise from Abutting Business: There are engines being tested forlong durations sometimes backfiring and
extremely loud shocking noises coming from Auto Haus....The workers, throughout their day and
evening, are dropping metal objects into a large metal barrel located on the other side of my fence by my
driveway! The jolting sound resonates throughout the neighborhood and my yard.
3. Extension of Business: I have reported in the past that the business Auto Haus is using the streets as an
extension of his business by parking the cars in the No Park Zone on Franklin Court until they are taken into
his shop.
4. Traffic: There are many heavy trucks tearing up Franklin Court(which is approximately 8 feet wide)as
they speed up onto Foster Street.There is a nursery school on Foster Street, we have expectant mothers in
our neighborhood, and the older children play games in the street. These trucks are always in a hurry. My car
was almost struck the other day just pulling out of our driveway. Lets discuss at our next neighborhood
meeting. We shouldn't wait for an accident to happen.
AUGUST 9, 2010: FROM LESLIE LIMON TO DORTHY LEMELIN AND PAUL PREVEY,CC PITTS,SILVA
Dorothy: I know you've been reporting fumes to the health department. To what extent have you reported
parking/speeding/extension of business violations to police?
Paul/Jason:
(1) Can the citywide anti-speeding campaign be brought to bear on chronic speeding problems in the Franklin
St./Franklin Ct./Foster St. area?
(2) Who from the City is the best person/function to contact the proprietor of Auto Haus and broker some
reasonable adjustments to his business practices to show a little more respect for neighbors? (I.E., replace
the metal barrel with a plastic receptacle; locate it on the opposite side of their lot,away from the fence
abutting residential property.)
(3) If Dorothy is in fact reporting parking/speeding/extension of business violations to the police, as you've
asked her to do, what's the next step?In other words, what's the point to her doing so?Ditto with her
ongoing issues with noxious fumes from K&C;she has contacted the health dept.,repeatedly about this.
If there's no consequence, then why should she bother reporting infringements?
(4) If there's no official recourse—or none that anyone has the time, inclination, or energy to figure out—then
how about facilitating some old-fashioned neighbor-to-neighbor agreements to improve the quality of life
for these residents?
(5) If the City does in fact have recourse (through, for example, police citations; or through the Building
Inspector; or through the Zoning Board, if K&C's and Autohaus's current operations exceed those allowed
in the grandfathered zoning)then wouldn't you agree that City actions against the offending businesses
are LONG overdue?
(6) Bottom line: If the City is of the opinion that these neighbors will never be able to use their yards or open
their windows without the risk of being overcome by noxious fumes, or that they must resign themselves
to noise and street/driveway blockage from operations and delivery trucks, even post-I3 pm, then the
City owes these people a letter(and 1 for one would like a copy of it)explaining in detail WHY the City is
either powerless or unwilling to do anything to help these residents improve their quality of life.
Can't we get into problem-solving mode here, instead of staying stuck in repeated complaint/repeated
avoidance mode?This is getting awfully tiresome.
[MS. LIMON RECEIVED NO RESPONSE FROM PAUL PREVEY OR JASON SILVA.]
AUGUST 18,2010: FROM DOROTHY LEMELIN TO LESLIE LIMON
The health department has not emailed nor telephoned me regarding the toxic paint fumes that still in our
neighborhood. How can they not address this issue!! This is so frustrating because David has verified that
someone from their office has to inhale these fumes and it does not matter if we inhale them. David also
states that 2%of the air being exhausted from the fans at K & C are being thrown into the air that is coming
into our yard and all the homes in this vicinity. How can this be acceptible? Don't they realize that
our children are inhaling air borne particles of paint H
The exhaust fans at K& C went on today at 2:00 pm and I ran around the house closing my windows. [Ms.
Limon notes: IN MID-AUGUST she had to do this.]
Yes...I have called the Police department many times over the years and have received mixed responses on
reporting these issues. Now, I have learned, to have pictures to back up my telephone calls if a patrol car is
not available to check out Franklin Court ordinance violations.
AUGUST 18,2010: FROM DOROTHY LEMELIN TO LESLIE LIMON,PAUL PREVEY
This morning I called the Police at 9:42 am to report a no parking zone violation for the large white truck from
the SnapOn company...again. This truck idled today for approximately20 minutes before I called. I called
again at 10:12 am since it was still idling(30+min)in the some spot. A patrol car did pull in behind the truck
that was still in the no parking zone. 1 do not know if a violation was issued to the driver but the truck pulled
into Auto Haus, the patrol car left, and the truck continued to idle for another 15 minutes next to my
driveway.
1 just called the Police again (2:30 pm) for another parking violation in the no park zone.Tally's tow truck
service delivered a car(Lic#1047CZ) in the no park zone and left it. I provided this information to the
dispatcher.The car was moved into Auto Haus shortly after my call.
r
fid
s ► r r
MARCH 29,2011: FROM DOROTHY LEMELIN TO COUNCILOR PREVEY,CC LIMON,PITT,AND OTHERS
The Ferris Junkyard is making deliveries up onto Franklin Court and dropped steel junk right in the street. I
have pasted a few pictures below showing Ferris's blocking of my driveway and the dropping of a steel item in
the middle of Franklin Court Street....I cannot believe that our City Officials would allow Ferris's Junkyard to
make deliveries of this nature on a public roadway in a residential area. The loud noise from this type of
tractor is extensive, the exhaust smells extremely foul and the street pavement has been cracked. I have
called the Police in the past but I did not call them this time. (I did not see a license plate on Ferris's large
yellow tractor.) Please advise.
12
Left: Equipment and "steel junk" 5-
left sitting in the middle of the
Right:Gray truck unable to pass
as a result.
Ms. LIMON REPLIED TO Ms. LEMELIN reiterating that she needs to call the police for all such violations.
MARCH 10—APRIL 29,2011: E-MAIL EXCHANGE BETWEEN DOROTHY LEMELIN AND Tom ST. PIERRE,SUBSEQUENTLY
FORWARDED By Ms. LEMELIN TO Ms. LIMON
Ms.LEMELIN TO MR.ST. PIERRE: The property adjacent to mine (in the back of 9 Franklin Street- not sure if this is
still Mrs. Goldberg's property) has recently had a clumpster placed quite close to my property.This dumpster
is being used as a drop-offfor debrisfrom a chemical clean up company.The noise from the removal of this
clumpster and replacement of an empty one is ear piercing and can go on for 20 minutes or so. Note: there
are approximately 12 vehicles being stored on this property that are quite close to five neighbors on Foster
Street. There is documentation your office provided a while ago that this property is zoned Residential 2. Has
this changed? ....This morning, at 7:45 am, a crew started unloading more refusefrom the cleaning
company into the dumpster. They then proceeded to slice open the bogs.
MR.ST.PIERRE TO Ms. LEMELIN: In response to you inquiry, no zoning changes have taken place. Zoning changes
involve a long process with lots of public hearings and City Council Approval.You would certainly have been
made aware of any proposed zoning changes. Furthermore, no permits have been issued for the use of this
property. In fact, there is a letter to the Goldberigs on file which cautions them that any additional use of the
non-conforming lot would require relief from the Zoning Board of Appeals. I assume from the tone of your
letter that this is a complaint. Based on that assumption, I will go there and investigate why the clumpster is
there and take appropriate enforcement steps.
The Goldbergs have received a citation and [will] resolve the use issue by moving back to the paved area and
restricting Ideal's parking.The servpro company will be moving the dumpster forward and towards the
building.They will have to have a smaller, covered dumpster and it will be in an enclosure.This should all
happen in the next couple of weeks.
Ms.LEMELIN TO MR.ST PIERRE:Tom,The loud noise of the Servpro clumpster being used woke us early today...
Sunday morning April 17th. How will this noise be handled? ... Would you provide a copy of the citation and
their response either by email or regular mail.
[AS OF MAY 31,2011,MR.ST. PIERRE HAS NOT COMPLIED TO MS.LEMELIN'S REQUEST FOR A COPY OF THE CITATION,WHICH SHE
SHOULD BE ENTITLED TO UNDER FOIA.]
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TI Photo taken from Ms.
Leme|in'spurch
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MR.ST. PIERRE TO MS. LEMELIN: The landlord, Goldberg,will be cited for continuing to use the space that has not
been permitted. Servpro will receive a ticket for not having a dumpster permit. I have had the conversation
with servpro and told him the rolloff needed to leave. I checked yesterday and it was still there.As far as the
noise violation, I did not witness the event so I cannot issue a ticket. As we have told you before, can the
Police and at least we would have documentation...and then could issue a ticket for the noise violation.
APRIL 27,2011: FROM DOROTHY LEMELIN TO PAUL PREVEY,CC LIMON,MCSWIGGIN,PITTS, MEADOWCROFr[FOSTER ST.
RESIDENT]
Auto Haus flat bed truck delivery of car against my fence at 11:00 pm tonight. I was awaken by the loud
beeping noise made from the flat bed truck backing up, and the truck chains releasing the car as they
lowered it to my fence....have video of loud language while this truck was making this delivery...did not have
a chance to call police but they probably would not have been able to send a car immediately anyway since
that has been the case every time I have called them.
APRIL 28,2011: FROM LESLIE LIMON TO THOMAS ST. PIERRE,CC PREVEY
My neighbors appreciate your citing the Goldbergs with respect to the noisy and unhealthy disposal practices
on their property. Thank you for responding to their concerns. I'm now forwarding to you Dorothy Lemelin's
message to Paul Prevey about last night's 11 pm flatbed truck delivery of a vehicle to AutoHaus, which abuts
her property. [Ms. Limon notes:1 was making what 1 believe is a reasonable assumption that,since delivery
began AT approximately 11 pm, it wasn't completed until some time AFTER 11 pm.An 11 pm delivery
pushes an already extraordinarily lenient ordinance, effectively thumbing its nose at residents and the City.]
This is, I believe, in violation of the City's noise ordinance as well as commercial zoning ordinances. A flatbed
truck should not be delivering a car at 11 pm in this neighborhood (and maybe not anywhere in the City).
Period. I believe Dorothy has called the SPD in the past about similar disturbances. It's too bad she didn't call
last night. But you have to admit she's got a point:'it does seem like an exercise in futility, given the slim
likelihood of the violators being caught in flagrante delicto. It's happened before. By the time the police can
respond, the truck has come, disturbed the peace, and gone. The fact that these disturbances are over by the
time the police arrive doesn't make them any less disruptive(or any less in violation, for that matter).
If I were jolted awake by the rumbling of a flatbed truck in front of my house, the beeping as it backed up in
front of my house, and the noisy unloading of a vehicle in front of my house, accompanied by loud talking, I
would remain wide awake long after the disturbers left.The point is, it's not just the disturbance itself: it's the
impact. And I can just imagine the cumulative impact over time on someone's quality of life. I'm sure you can,
too.
The SPD may not have gotten called last night, but now [attached to this message]you do have a time-
stamped e-mail message and a photo, such as it is. I read below that Dorothy also has video capturing the loud
talking that continued during the delivery. I'm sure she'll send it to you if you ask for it. I hope you agree that
this behavior goes beyond merely"inconsiderate." This doesn't just push the envelope of what the ill-
conceived zoning decisions may allow—it crosses the line. Even so, I can see how it may be possible that the
SPD might not consider these violations to be serious enough to warrant attention.
Even though no people of power live in this Franklin St. neighborhood, I think its residents still deserve better
than what AutoHaus has been serving up with impunity. So I have a request. Would you please let Dorothy
Lemelin know(and if you don't mind,please cc me) what the SPD(and perhaps the building inspector as
well)plan to do to begin to remediate this situation?And please consider making the response stronger than
"we'll go talk it over with them."Talk is cheap. It has no effect on the behavior of business owners who don't
give a rat's a** about being good neighbors. I look forward to hearing from you.
14
APRIL 28,2011: FROM THOMAS ST.PIERRE TO LESLIE LIMON,CC LEMELIN,PREVEY
I have reviewed the City's noise Ordinance 22-1 and 22-2. 22-1 talks about unnecessary or unusual noise or
noises. 22-2 Noises Enumerated outlines 10 specific noise violations. #4 covers "loading and unloading,
manufacturing activities" This section prohibits loading and unloading from 11:00 P.M till 7.00 A.M. This is
the closet [sic] our City's Ordinances come to addressing this issue.Although I agree it might not be
considerate of the abutters, I do not see a noise violation per the Ordinance. The issue with the blocking of
Franklin Street Court is solely the jurisdiction of the Police Department.
• * * r r
This is not only a puzzling self-contradiction—under the reasonable assumption that an 11 pm delivery
would extend past 11 pm—it also contradicts what Councilor At Large Lovely reported in her e-mail to Ms.
Lemelin in July 2005.
MAY 4,2011:FROM DOROTHY LEMELIN TO PAUL PREVEY,CC PITTS, MEADOWCROFT,LIMON,MCSWIGGIN
I called the Police dispatch this morning at approximately 9:35 am for a no parking violation on Franklin
Court...but as soon as I did the truck driver came out from the abutting business auto haus and moved
his white SnapOn truck from the area.
MAY S,2011: FROM DOROTHY LEMELIN TO PAUL PREVEY,CC PITTS,MEADOWCROFT,LIMON,MCSWIGGIN,STPIERRE,
MCGRATH,Ross
This morning(9:00 am) a junk car was picked up at the abutting business autohaus by a large yellow fork
lift truck.This large yellow truck carried the junk car onto the public main streets (blocking traffic) of Franklin
Court as well as Franklin Street. The offensive noise and the exhaust fumes coming from the large fork lift
truck is very loud and upsetting. You would not want to be in my yard when this type of event is going on!
I have called the police in the past. l also have called the building inspector(Mr. St. Pierre)in the post and
was advised that this activity was not a problem. My family lives here so this is a problem for us. I have never
seen a fork lift truck carrying a junk car throughout the streets of Salem have you? (See pictures below of this
morning's pick up). Would you please advise why this type of activity is allowed and what this means for our
residential neighborhoods all over Salem?
:^n
33
MAY 11,2011: FROM DOROTHY LEMELIN TO PAUL PREVEY,CC PITTS,MEADOWCROFT,LIMON,MCSWIGGIN
Called the Police at 1:50 pm for a flatbed truck delivery to Autohaus in the no parking zone of Franklin CT.
MAY 12,2011:FROM DOROTHY LEMELIN TO PAUL PREVEY,CC PITTS,MEADOWCROFT,LIMON,MCSWIGGIN
We have been having and reporting to the Police the no parking violations on Foster Street& Franklin Court
for a very long time. Usually, the Police dispatcher advises that this area(Foster Street, Franklin Street, &
Franklin CT)will be monitored but, as you know, their resources are very limited. Do you have any ideas on
how can we resolve all of the calls to the Police Department?
NO RESPONSE AS OF MAY 30, 2011.
Is