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CITY OF SALEM9 MASSACHUSETTS
Ulu BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 n
DECISION OF THE PETITION OF WILLIAM HENEY REQUESTING A VARIANT
FOR THE PROPERTY LOCATED AT,14 GARDNERSTREET R-2 NN T,
6 Tr-
A hearing of this petition was held on October 20, 2004 with the following Board ^3
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Members present: Nina Cohen, Chairman,Bonnie Belair, Edward Moriarty, Richard in m3
Dionne and Stephen Pinto.Notice of this hearing was sent to abutters and others and UJ v
notices of the hearing were properly published in the Salem Evening News in accordancP
with Massachusetts General Laws Chapter 40A.
The petition is requesting a Variance to allow an existing curb cut to be used for a second
driveway for the property located at 14 Gardner Street in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board that:
a. Special conditions and circumstances exist which especially affect the land,
building, or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
c. 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.
The Board of Appeal, after careful consideration of the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. Petitioner, William Heney representing the homeowners, David and Victoria Cote
is requesting a Variance to allow for a second driveway that has an existing curb
cutin place.
2. Petitioner states that Mrs. Cote has a disability which necessitates the need for a
second driveway. Mrs. Cote is sight impaired and requires the location of the
second driveway because she is unable to negotiate the original driveway with her
condition. Mrs. Cote is blind in one eye and therefore has no peripheral vision.
The original driveway is narrow and against the side of the house. Petitioner
further states that the second driveway is a necessity and the original driveway.
creates a hardship for her to utilize.
DECISIONOF THE PETITION OF WILLIAM HENEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 14 GARDNER STREET .
R-2
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page two
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3 The petitioner supplied a letter in support of his proposal for a Variance that was
signed by thirteen neighbors. ° o,>
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4. The direct abutter,the Scialdoni family were opposed to this second driveway. m'3
The car would be parked very close to their house and would be right under th(W v
Bedrooms subjecting them to fumes and exhaust from the car. CD
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
October 20, 2004 ✓`JC'��'� � �� �L
Bonnie Belair
Board of Appe
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that, if such appeal has been filed,that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the
name of the owner of record or is recorded and noted on the owner Certificate of
Title.
Board of Appeal
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1 CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
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120 WASHINGTON STREET. 3RD FLOOR
,t SALEM. MASSACHUSETTS 01970
\ /• TELEPHONE: 978-745-9595
FAX: 978-740-9846
c.
KIMBERLEY DRISCOLL
MAYOR January 10, 2007 �—
v,
Decision ti
Petition of David Cote Requesting a Variance D r-
from off street parking regulations to allow for
a second curb cut for the property located at 14 Gardner Street ,=
City of Salem Zoning Board of Appeals
A hearing on this petition was held on December 20, 2006 with the following Board
Members present: Nina Cohen, Chairman, Stephen Pinto, Elizabeth Debski, Robin Stein
and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioners are requesting a Variance from off-street parking regulations to allow a
second curb cut for the property located at 14 Gardner Street located in an R-2 zone.
The Variance, which has been requested, may be granted upon a finding by this Board
that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures involved.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner(s).
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district of
the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. The Petitioner David Cote and Victoria Cote are the owners of the property
located at 14 Gardner Street. The property is located in an R-2 District.
2. The Petitioner requested a Variance to allow the use of a second curb cut to allow
for off-street parking for his family.
3. Attorney Jack Keilty represented petitioners.
4. Lena Mento and her brother Ed Scialdoni, abutters who are the owners of 16
Gardner Street spoke in opposition to the petition. They were concerned about
losing parking on the street and fumes from the parked car.
5. There was a letter provided to the Board of Appeals signed by eight
neighbors/abutters who supported the petitioner's request for a curb cut.
On the basis of the above findings of fact, and on, the evidence presented the Board
of Appeals finds as follows;
1. Special conditions do not exist which especially affect the subject property but not
the District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief cannot be granted without derogation form the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted two (2) in opposition, members Nina
Cohen and Robin Stein and three (3) in favor, members Elizabeth Debski, Stephen Pinto
and Bonnie Belair which denied the Variance requested without the minimum of four(4)
votes in approval, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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 approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
Variance Denied Bonnie Belair
December 20, 2006 Board of Appeal
a
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days date of filing
of this decision in the office of the City Clerk Pursuant to Massachusetts General Laws
Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take
effect until a copy of the decision bearing the certificate of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is
has been dismissed or denied is recorded in the South Essex Registry of Deeds and
indexed under the name of the owner of record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal
CITY OF SALEM MASSACHUSETTS
a.
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
��hINB SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
November 9, 2004
David Cote
14 Gardner Street
Salem, Ma. 01970
RE: Parking in second driveway
Dear Mr. Cote:
This Department has received a report from the Salem Police Department stating that you
parked in the second driveway on the afternoon of November 5, 2004.
The court case in District Court,regarding this matter, was continued generally. I asked
and received a date of December 1,2004 at 10:30 for the case to be opened again at a
Magistrate's Hearing. Please consider this letter notice to appear at Clerk's Office in
Salem District Court at the time and date mentioned above.
Sincerely,
Thomas St. Pierre
Building Commissioner
cc: Kate Sullivan, Mayors Office
Captain Callahan, Salem Police
Councillor Veno
ro
ter" CITY OF SALEM, MASSACHUSETTS
9 PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
April 21, 2004
David Coteff%��
14 Gardner Street
Salem, Ma. 01970
RE: Second Driveway
Dear Mr. Cote:
I have discussed the issue of the second driveway with you several times. I have
informed you previously that in my opinion as Zoning Officer, the driveway is not legal.
I was very clear on this matter and informed you of your right to appeal to the Zoning
Board of Appeals. You can file an administrative appeal of my decision or you can file
an appeal for the second driveway. As it stands now, you are directed to cease using the
front yard area adjacent to the Scialdon property. Furthermore, you are hereby notified
that the storage of unregistered and uninspected vehicles violates City of Salem
Ordinance 24-21.
You have per the Ordinance, 15 days to register and inspect these vehicles or to remove
them.
If you have any questions, please contact me directly.
Sincerely,
Thomas St. ;Jerre
Acting Building Commissioner
cc: Kate Sulliven
Capt. Callahan
Officer Jim Page
Councillor Veno
cc: enclosed Ordinance 24-21
Sec. 24-21. Keeping of unregistered, abandoned or discarded motor
vehicles, trailers or boats.
(a) No person shall park, store, keep, or leave or allow that there be parked, stored,
kept, or left any unregistered motor vehicle, trailer or boat of any kind within the city for a
period of more than 15 days. If such vehicle, trailer or boat which has been abandoned
or discarded, and the vehicle, trailer or boat has been posted and recorded as being on
the property for at least 15 days, the owner of the vehicle, trailer or boat or the owner of
the property shall be ordered in writing by the authority having jurisdiction, namely the
police and fire departments, to immediately remove such vehicle, trailer or boat from the
property, unless any one of the following conditions has been fulfilled:
(1) Such vehicle, trailer or boat is registered in the commonwealth or in any other
state and also has displayed thereon a valid windshield inspection sticker, so called, as
required by M.G.L.A. c. 90, § 7A for vehicles, and M.G.L.A. C. 90B for boats or by the
laws of the state registration.
(2) Such vehicle, trailer or boat is contained in an enclosed building or otherwise
out of the view of the public or of abutters.
(3) A license has been granted under M.G.L.A. c. 140 in connection with the motor
vehicle business orjunk business.
(b) Any person wishing to park, store, keep, or leave one such vehicle, trailer, or boat
in excess of 15 days must first apply for and obtain written approval from the chief of
police or fire chief or their authorized designees. Such approval shall not exceed one
calendar year(365 days); however, upon reapplication, the chief of police or the fire chief
or his authorized designee may reissue such approval for an additional calendar year.
(c) Any person aggrieved by a denial of the chief of police or the fire chief for approval
to store such a vehicle, trailer or boat in excess of 15 days or any person wishing to store
two or more such vehicles, trailers or boats for any length of time may seek approval
from the city council by filing a written request in the office of the city clerk. If the city
council renders a denial to the request, it shall order the authority having jurisdiction
(police/fire) to have the vehicle, trailer, boat removed from the property.
(d) Any person violating this section shall be punished by a fine of$50.00. Each day the
violation continues after a conviction shall constitute a separate offense.
I
Of
CITY OF SALEM MASSACHUSETTS
P
PUBLIC PROPERTY DEPARTMENT
A 120 WASHINGTON STREET, 3RD FLOOR
e�'YMB SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
March 14, 2005
Salem District Court
65 Washington Street
Salem, Ma. 01970
RE: Criminal Complaint
0436CR004604
David Cote vs. City of Salem
Building Department
To the Court:
The City of Salem, through the Building Commissioner's—Zoning Officer's Office
contends the Defendant, David Cote, has continued a willful zoning violation.
The specific violations in parking in the front yard setback and creation of a second non-
conforming driveway. Salem Zoning Ordinance Section 7-3 (5) b and (5) g.
This case began late fall or early winter of 2003. The Defendant cleared the soil in the
front left of the house that abuts the neighbors property at 16 Gardner Street and created a
new driveway, parking area.
Although I can't remember the sequence of the conversation, I heard from both the
Defendant and the abutter at 16 Gardner Street.
Although, the Defendant has claimed that I told him it was o.k. to create a second
driveway, I never did. I have always in the 7 '/z years working in the Building
Department required parties seeking a second driveway to petition the Salem Zoning
Board of Appeals. The only way the Defendant might have heard anything contrary
would be if I was not told all of the facts.
Additionally, the area is too narrow and does not have sufficient depth from front yard
setback.
On April 21, 2004 I sent the Defendant a letter regarding the second driveway pointing
out both the violation and his right to appeal.
The Defendant continued to park in the second driveway, causing the Salem Police to
respond several times.
On August 2, 2004, I filed a complaint regarding this matter and the case was heard by
the Magistrate on August 18, 2004. At that hearing, Mr. Cote was represented by
Attorney William Heney. It was agreed by all parties to continue the case to allow Mr.
Cote and his Attorney a chance to file with the Salem Zoning Board of Appeal.
The hearing took place on October 20, 2004 and Mr. Cote was represented by Attorney
Heney. The Zoning Board of Appeals voted 1 in favor and 4 in opposition. Mr. Cote's
decision included his right to appeal per Massachusetts General Law.
I received a report from the Salem Police Department stating that Mr. Cote was using the
driveway on the afternoon of November 5, 2004. On November 9, 2004, after conferring
with the Clerk Magistrate, I sent Mr. Cote a letter notifying him of a new date for a
Magistrate's hearing of December 1, 2004 at 10:30 a.m.
Mr. Cote failed to appear at this hearing. The Clerk Magistrate then referred this matter
upstairs as a criminal complaint#043CR004604.
The only additional note is that sometime after the November 5`h date the Defendant has
the second driveway paved.
Sincerely, n ^�
G� '1
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer
! W/10/05 THU15:38 FAX 9788250131 SALEM POLICE
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it 03/10/05 14:25 SALEM POLICE DEPARTMENT PAGES 1
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C Sill PARKING COMP—GENERAL
1.2:38 * 14 GARDNER ST apt : 003 1 SAL **rcv*clr*
! 376930 * MV BLOCKING DRIVEWAY 911 911
* ID #: 5557 52
Invos MENTO, ANTHONY J 59 —742
UNIT (S) *** 16 GARDNER SALEM, MA 025-54-8^254
�►**
22 * SAL P PTL K STPI
r) 12:38 d) 12:38 a) 12:38 c) 13:01 k) h) 59 —59
** COMMENTS ***
22 SAL 12:38:4ei CD-911—MV BLOCKING DRIVEWAY 59 _
22 SAL 13:01 :42 CLEAR. PARTIES ADVISED. MV MOVED 59 —133
22 SAL MR MENTO WAS ADVISED THAT HE CANNOT BLOCK ANOTHER PERSON' S 133-66
22 SAL CAR IN EVEN IF THE DRIVEWAY MIGHT BE ILLEGAL. HE WAS TOLD 66 —
22 SAL NOT TO RESTRICT THE FREEDOM OF ANOTHER PERSON. HE WAS TO; 66 —
22 SAL NOT TO BULLY HIS FEMALE NEIGHBOR ANY LONGER. HE WAS ALSO 66 —
22 SAL ADVISED THAT THE DRIVEWAY ISSUE WOULD BE INVESTIGATED ON 66 —
22 SAL MONDAY WHEN SUCH RECORDS WOULD BE AVAILIABLE. 66 —
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officer' s signature date
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Q003
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j *�******+► CT 900 MV-GEN TOWED BY BILLS
13:45 * 14 GARDNER ST SAL **rev*elr*
359781 * BILLS SeJM14 2000 FORD ESCO BLACK 3FAKP1138YR114154 900 900
I * ID #1 5557 52
GLUCKER, PHILIP S 74 -74E
810 GOVERNOR WINTHROP, MA 147-60-8478
REG. # 80Jh14 MA
*** UNITS) ***
2c: SAL P PTL SIERRA SGT DESMON SGT CONNEL PTL SMITH
r) 13:45 d) a) c) 74 -
*�* COMMENTS *** k) h)
22 SAL M/V BLOCKING DRIVEWAY NOT STOLEN
74 -
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officer' s signature date Y
03/10/05 THU .15:38 FAl. 9788250131 SALEM POLICE 14 004
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v!;, 5n INCIDENT REPORT TTYRO34 •-742
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* **** *+►* C 911 PARKING COMP—GENERAL **rev*clr*
20:33 * 14 GARDNER ST apte 003 1 SAL 911 911
373779 * BLOCKED DRIVEWAY 52
* ID #o 5557 48 —742
**+ UNIT(S) ***
22 * SAL P GTL R CUNN PTL DOYLE 48 —128
r) 2003 d) 20x33 a) c) 21 :54 k) h)
*** COMMENTS ***
22 SAL 20.-33:02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA 48 —
22 SAL 21 .-54-59 NO VIOLATION 128-
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Salem Pollee Oepe►4rad
RE-cc (ts 0;.ision
PO.80X 3005
,ierrti MA 01870
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officer' s signature date
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03!10/05 14;26 SALEM POLICE DEPARTMENT
v5. 5nINCIDENT REPORT PAGE: i
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shrift : C date: 03/12/04 FRIDAY
! --------------------•--------------- org/1 s
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* ****�►+�* C 911 PARKING COMP—GENERAL
20;33 * 14 GARDNER ST apt : 003 1 SAL **rcv*clr*
373779 * BLOCKED DRIVEWAY 911 911
* ID tie 5557 52
*** UNITCS> *** 48 -•741
22 * SRL P PTL R CUNN PTL DOYLE
r> 20133 d> 20:33 a> c> 21 :34 k> 48 -121
*** COMMENTS *** h>
22 SAL 20:33:02 CD-911—BLOCKED DRIVEWAY
j 22 SAL GOA 48 —
f 22 SAL 21 :54159 NO VIOLATION 48 —
128—
Salem POIiBe povayjMW
Reci'14� ;Sion
NQ w . J005
Selem, MA 01970
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ofFicer' s signature date
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03/10/05 14x26 SALEM POLICE DEPARTMENT
v5. 5n PAGE: 1
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********** C 911 PARKING COMP—GENERAL **rcv*clr*
20:44 * 14 GARDNER ST apt : 003 1 SAL 911 911
:364270 * MV BLOCKING DRIVEWAY 52
* ID #: 5557 59 —74c
Invo: COTE, VICTORIA J
027-46-6639
14 GARDNER SALEM, MA
*�•*
UNIT(S) ***
2e: * SAL P PTL J BURK PTL K ODON 59 —59
r) 20:44 d) 20:44 a) 20:44 c) 20:47 k) h)
* * COMMENTS ***
22 SAL 20:44:05 CD-911—MV BLOCKING DRIVEWAY 59 —
22 SAL 20:47:52 CLEAR. ONGOING NEIGHBOR PARKING DISPUTE. ADVISED 59
Salem Pallm, 06"rm".
Recfno.. .' vision
P.C.gyp 3005
',n,MA01170
310 gibe
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officer' s signature date
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C 911 PARKING COMP—GENERAL **rcv*clr*
09a48 * 14 GARDNE3 ST apto 003 1 SAL 911 911
359765 * BLOCKED DRIVEWAY 52
* ID #e :3557 133-742
! *� UNITS) ***
22 * SAL P PTL SI=RRA 133-74
r) 03:48 d) 09.48 a) 09:48 c) 09:57 k) h)
*** COMMENTS ***
22 SAL 09:48: 15 CD-911—BLOCKED DRIVEWAY 133-
22 SAL 09:57:47 1 TAGGED 74 —
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1leF �Mgg�N��
PD. Box 3005
%4"%MA 01970
ofFicer' s signature date
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2)3/10/05 14:26 SALEM POLICE DEPARTMENT
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TTYR034 —742
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t********+► C 5311 PARKING COMP—GENERAL . ,...,
11 :58 * 14 GARDNER ST apt: 003 1 SAL **rcv*clr*
358383 * BLOCKED DRIVEWAY 911 911
* ID #: 5557 52
*** UNIT(S) *** 63 —742
25 * SAL P PTL VAILLA
r> L1a58 d> 11 :58 a> 11158 c> 12e28 k> 63 -63
*** COMMENTS *** hi
25 SAL 11 :58: 15) CD-911—BLOCKED DRIVEWAY
25 SAL 12:28: 11. VEHICLE MOVED 63 —
63
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P.O. Boz 3005
Salem,MA 01970
------------•----------------------- ----3) r o officer' s signature signature date
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t********+► C 911 PARKING COMP—GENERAL **rcv*clr*
06: 13 * 14 GARDNER ST apt: 003 1 SAL 911 911
357792 * RESIDENT REPORTING BLOCKED DRIVEWAY 52
* ID #: 5557 138-742
*** UNITS) ***
25 * SAL P PTL M DUNN 138-64
r) 06: 13 d) 06: 13 a) 06x20 c) 06:25 k) h)
*** COMMENTS ***
25 SAL 06: 13:30 CD-911—RESIDENT REPORTING BLOCKED DRIVEWAY 138-
25 SAL 06:20x56 25 IS OUT 64 —
25 SAL 06:25:04 CLEAR ONE TAGGED 64 —
artn�
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officer' s signature date
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,shifts A date: 07/18/03 FRIDAY org/1st
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C 911 PARKING COMP-GENERAL **rev*elr*
02: 13 * 14 GARDNE:R ST apt : 003 1 SAL 911 911
352174 * CAR BLOCKING DRIVEWAY 52
* ID #o 5557 48 —742
s OHRLA, CATHERINE
*** UNITS) ***
22 * SAL P PTL GAUDET PTL NOFTLE 48 —48
r) d) 02: 13 a) c) 02:23 k) h)
*** COMMENTS ***
22 SAL 02s13s45 CD-911—CAR BLOCKING DRIVEWAY 48 —
22 SAL 02:23 s 51, 1 TAGGED 48 —
Salem Pon ONEs1r�t
0•--;ards D(vllNgl
ri. Box 3005
Wm MA 01970
----------------------------------- ---------------
officer' s signature date
April 20, 2004
To: Thomas St. Pierre;
Building Commissioner, Zoning Officer, Director of Public Properties
From: Edward Scialdoni 7W-2 f"fk
10 Lafayette Place
Salem, Ma. 01970
Reference: Property at 14 Gardner St. Salem
My mother Mary Scialdoni owns the property at 16 Gardner St.
I believe Mr. David Cote,owner of ref. Property is in violation of building codes in
relationship to a driveway he is trying to cut in in front of his home. There is a curb cut
on the, street which has never been uses in over 40 years that I can attest to. I believe Mr
Cote did not pull a permit to dig up the front of his property, and while doing so dug up
property belonging to my mother. Residents of the property continually attempt to park
illegally in front of the house. According to Mr. St. Pierre, who conferred with me and
also officer Paige at Salem Police, probable in December of 2003. This space is not a
driveway and according to City Zoning and or ordinances cannot be, without some type
of action. I also believe Mr. Cote was informed of this.
Is it possible for something to be done so the police know that this is not a legal
driveway, and parking is permitted in said space. Because of an incident that occurred
I believe on April 16 or 17,this needs to be clear. Is it possible for the residence of 16
Gardner St. to have something from your office stating the law?
I believe he is also in violation of other laws. He has two vehicles in the rear of his
property unregistered and uninsured, as far as I can see, could we please check on this
and take the appropriate action.
I also request the Health Department to inspect his property, the property has holes in the
roof of liis front porch with pigeons living there,just today I noticed what looks like a
box or type of house put on the roof of the front porch for the pigeons. The general state
of property is cluttered and in disrepair. I have also noticed work being done on the
inside, at times, that may or may not be permitted by the city. The Garage is in disrepair
also.
This property, in my opinion, is a disgrace to the community and I ask the City of Salem
to do what is can to see that this property conforms with all city codes and ordinances,
and or laws.
Please advise me of any action.
Thank You
Edward C. Scialdoni
CC: Captian Callahan, Salem Police Department; Board of Health, Joanne Scott
Councilor Matt Veno.
CRIMINAL COMPLAINT 0436CR004604 ��..
Trial Court of Massachusetts k ,
DEFENDANT 1F
COTE, DAVID Salem District Court Lpl
14 GARDENER STREET
SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE
OF THE SALEM DISTRICT COURT
DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR
01/07/1954 M W 5'11" 155 BLU 11 BRO The undersigned complainant, on behalf of the
INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at
the location stated herein the defendant did commit the
012-46-7370 offense(s) listed below.
DATE OF OFFENSE PLACE OF OFFENSE
08/02/2004 SALEM
COMPLAINANT POLICE DEPARTMENT
STPIERRE, THOMAS SALEM
DATE OF COMPLAINT RETURN DATE AND TIMEnyy
�j I
12/15/2004 02/04/2005 9:00 AMt,,j
COUNT-OFFENSE
1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL
on 08/02/2004 did VIOLATE SALEM ZONING ORDINANCE,in violation of 7/3 of the City or Town of SALEM.
COUNT-OFFENSE
COUNT-OFFENSE
COUNT-OFFENSE
COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS
X X 1
FIRST JUSTICE COURT Salem District Court
Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street
A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970
COPY
ATTEST:X
1
APPLICATION pp ADULT NUMBER Trial Court of Massachusetts'
FOR COMPLAINT 0 JUVENILE District Court Department
❑ ARREST OF HEARING • ❑ SUMMONS ❑ WARRANT COURT DIVISION -
The within named complainant requests that a complaint,issue against the within totem District Court
named defendant, Charging said defendant with the offenses)listed below. fiS.Washington$ttQCt
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE (, Salem. ing Q3$Str
70
NAME OF COMPLAINANT - -
/ NO. OFFENSE G.L. Ch. and Seo
ADDRESS AND ZI CODE OF COMPLAINANT ! ^.
�y
2.
Cj
r-. f
4 j
/ rr
=NAME,ADDRESS AND ZIP CODE OF DEFENDANT �
C
3.
4.
f
COURT USE A hearing upon this complaint application DATE OF ARING TIMEOF HEARING COURT USE
ONLY will be held at the above Court address on AT i ONLY
J, ` CASE PARTICULARS BE PECIFIC <.
NAME OF VICTIM DESCRIPTION OF PROPERTY _ VALUE OR PROPERTYTYPE OF CONTROLLED
NO Owner of property, - Goods stolen,what Over or under „rW.SURSaa E9A'wEAPON
{, ,$ person assaulted,etc. destroyed,etc. $250. _ - ..:. Mariana,geEr,etc.
m $..
C M
h
_
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W 4 d
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OTHER -.REMARKS:
tjTO14r
(�5C/�c /( �Jih7�"-. �R? {✓ •_� T � B(�. :fat �7P'nPPr �� fh;� ���� �;<-t
h'iJ
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DEFENDANT InFNTl FICATIONIN FORMATION - Complete data below if known.
DATE DI T PLACE OF TH = SO IALSECU ITY.�+y�MR�' SE� R HEIGHT.
WEIGHT EYES HAIR
�6 t3 „ C�
OCCUPATI. - EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
rA
DC-CR2(3188)
03/10/05 THU 15:38 FAX 9788250131 SALEM POLICE
c 01002
iI
03/10/05 14:25 SALEM POLICE DEPARTMENT PAGES 1
v5. 5n INCIDENT REPORT TTYR034 —742
snifts— ------------
B date: 04/17/04 SATURDAY org/1st
------ — —
C 911 PARKING COMP—GENERAL **rev*clr*
l2s38 * 14 GARDNE:R ST apt ; 003 1 SAL 911 911
376930 * MV BLOCKING DRIVEWAY 52
* ID N: 5557 59 —742
Invo= MENTO, ANTHONY J
16 GARDNER SALEM, MA D25-54-8254
k** UNIT (S) ***
22 * SAL P PTL K STPI
r) 12:38 d) 12:38 a) 12;38 G 13:01 k) h) 59 —59
*** COMMENTS ***
22 SAL. 12:38:40 CD-911—MV BLOCKING DRIVEWAY 59 —
22 SAL l3t01142 CLEAR. PARTIES ADVISED. MV MOVED 59 —133
22 SRL MR MENTO WAS ADVISED THAT HE CANNOT BLOCK ANOTHER PERSONsS 133-66
22 SAL CAR IN EVEN IF THE DRIVEWAY MIGHT BE ILLEGAL. HE WAS TOLD 66 —
22 SAL NOT TO RESTRICT THE FREEDOM OF ANOTHER PERSON. HE WAS TOAD 66 —
22 SAL NOT TO BULLY HIS FEMALE NEIGHBOR ANY LONGER. HE WAS ALSO 66 —
22 SAL ADVISED THAT THE DRIVEWAY ISSUE WOULD BE INVESTIGATED ON 66 —
22 SAL MONDAY WHEN SUCH RECORDS WOULD BE AVAILIABLE. 66 —
I
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------ P.D. Box 3UO5 1311 e o 5
- MA-8"W----------------- ------ ---�-----
officer' s signature date
^ W/10/05 THU 15:38 FAL 9788250131 SALEM POLICE Cdj003
I
03/10/05 14325 SALEM POLICE DEPARTMENT
V5. 5n INCIDENT REPORT PAGE- i
TTYRO34 —742
shifts B dates 10/05/03 SUNDAY
-------------- -- --
— __----------------- --------------------
-
st
********* CT 900 MV—GEN TOWED BY BILLS
13345 * 14 GARDNER ST GAL **rcV*clr*
359781 * BILLS SQ,JM14 2000 FORD ESCO BLACK 3FAKP1138YR114154 900 900
* ID #: 5557 52
s GLUCKER, PHILIP S 74 —742
810 GOVERNOR WINTHROP, MA 147—E0-8478
REG. # SOJh:14 MA
*** UNITS) ***
28. SAL P PTL SIERRA SGT DESMON SGT CONNEL PTL SMITH
r) 13s45 d> a) c) 74 —
*** COMMENTS *** k) h>
2c^ SAL M/V BLOCKING DRIVEWAY NOT STOLEN
74 —
Jor
3MC
----------------------------
OfFicer' s signature date _
03/10/05 TEU 15:38 FAI. 9788250131 SALEM POLICE 2004
Y
I
03/10/05 14%25 SALEM POLICE DEPARTMENT PAGE: 1
INCIDENT REPORT TTYRO34 •-742
I
shifto C dates 03/12/04 FRIDAY org/lst
-----------------------------------------------------------------------------------
** *****+►* C 911 PARKING COMP—GENERAL **rcv*clr*
20:33 * 14 GARDNER ST apte 003 1 SAL 911 911
373779 * BLOCKED DRIVEWAY 52
* ID #s 5557 48 -742
*** UNITS) ***
22 * SAL P GTL R CONN PTL DOYLE 48 -128
r) 20x33 d) 20:33 a) c) 21 :54 k) h)
*** COMMENTS ***
22 SAL 20:33:02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA 48 —
22 SAL 21 %54:59 NO VIOLATION 128-
1
i
Salem Pollee Deperbrad
Rccu 63 Vi: isio9
P.O. Box 3005
"1e1T4 MA 01870
------------------------------------ -3-Ls1gs -----
officer' s signature date
U3/10/05 TRU 15:37 FAX 9788250131 SALEM POLICE
...---_..,..... 005--
i
I
03/10/05 14:26 SALEM POLICE DEPARTMENT
v5. 5n INCIDENT REPORT PAGE: 1
TTYR034 —742
shrift : C dates 03112/04 FRIDAY
-----------------------------------------------------
__..---------- ---- — org/1s
********** C 911 PARKING COMP—GENERAL — — --
20:33 * 14 GARDNER ST apt ; 003 1 SAL **rcv*clr^*
:373779 * BLOCKED DRIVEWAY 911 911
* ID ilt 5557 52
*** UNITS) *** 48 -•741
22 * SAL P PTL R CUNN PTL DOYLE
r) 20133 d) 20;33 a) c> 21 :54 k> 48 -121
*** COMMENTS *** h>
22 SAL 20:33:02 CD-911—BLOCKED DRIVEWAY
i 22 SAL GOA 48 —
If 22 SAL 21 :54:59 NO VIOLATION 48
128—
Salem Police Depar("w
Reciari ;bion
Np u,.. :;itUS
Salem, MA 01970
------------------------------------ ----------- --
ofFicer' s signature date
"03/10/05 TEU 15:37 FAX 9788250131 SALEM POLICE 006
•
03/10/05 14126 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYR034 —74r
shifts C dates 11/20/03 THURSDAY org/lsi
I
---------------------------------------------------------
-----------------------
* #******* C 911 PARKING COMP—GENERRL **rcv*clr*
20:44 * 14 GARDNER ST apt : 003 1 SAL 911 911
364270 * MV BLOCKING DRIVEWAY 52
* ID #1 5557 59 —741;
Invo: COTE, VICTORIA J 027-46-6639
UNIT(S) �*** 14 GARDNER SALEM, MA
� *•**
2f * SAL P PTL J BURK PTL K ODON 59 —S9
r) 20:44 d> 20:44 a) 20-44 c) 20147 k> h>
* * COMMENTS ***
22 SAL 20s44:05 CD-911—MV BLOCKING DRIVEWAY 59
22 SAL 20:47152 CLEAR. ONGOING NEIGHBOR PARKING DISPUTE. ADVISED 59 —
I
Salem Poliro 00"rm".
Recma:, . vision
P.C.Bit 3005
'1nmAvem
3I10 bv0 ;
------------------------ ---------------
officer' s signature date
i03/10/05 THU 15:37 FA1- 9788250131 SALEM POLICE 9 007
I
I
03/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYRO34 —742
Shift : B dates 10/05/03 SUNDAY org/1st
---------------------------------------------------------------------------------
C 911 PARKING COMP—GENERAL **rcv*clr*
09o48 * 14 GARDNEq ST apt : 003 1 SAL 911 911
359765 * BLOCKED DRIVEWAY 52
* ID #: 5557 133-742
+�*s UNIT (S) ***
22 * SAL P PTL SIERRA 133-74
r) 03:48 d) 09:48 a) 09.48 c) 09:57 k) h)
*** COMMENTS ***
22 SAL 09:49: 15 CD-911—BLOCKED DRIVEWAY 133—
! �:>2 SAL 09:57:47 1 TAGGED 74 —
I
1
Sohn Fdo
ReO/d�cwft Miwt.
P0. Box 3005
J/0 )OS'
of'Ficer° s signature date
03/10/05 TEU 15:37 FAI. 9788250131 SALEM POLICE 008
2)3/10/05 14:26 SALEM POLICE DEPARTMENT
v5. 5n INCIDENT REPORT PAGE° 1
TTYR034 -742
shift : B date: 09/220/03 SATURDAY
- ----------------- org/1st
C 1311 PARKING COMP-GENERAL
11 :58 * 14 GARDNER ST apt: 003 1 SAL **rcv*clr-*
358383 * BLOCKED DRIVEWAY 911 911
* ID #; 5557 52
*** UNITS) *** 63 -742
25 * SAL P PTL VAILLA
r) 11158 d) 11 :58 a) 11158 c) 12128 k) 53 -63
*** COMMENTS *** h)
25 SAL 11 :58: 19 CD-911-BLOCKED DRIVEWAY
25 SAL 12128: 11. VEHICLE MOVED 63 -
63
SII�N,
petoras
P.O. Box 3005
Salem,MA 01970
------------------------------------
31�o �ob
offi.cer' s signature date
03/10/05 THU 15:38 FAl 9788250131 SALEM POLICE 009
03/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT fTYR034 -742
:hiftx A date : 09/15/03 MONDAY org/1st
------------------------------------------------------------------------------------
t********* C 911 PARKING COMP-GENERAL **rev*clr*
06: 13 * 14 GARDNER ST apt : 003 1 SAL 911 911
357792 * RESIDENT REPORTING BLOCKED DRIVEWAY 52
* ID #a 5557 138-742
*** UNITS) ***
25 * SAL P PTL M DUNN 138-64
r) 06: 13 d) 06:13 a) 06:20 c) 06:25 k) h)
*** COMMENTS ***
25 SAL 06: 13x30 CD-911-RESIDENT REPORTING BLOCKED DRIVEWAY 138-
25 SAL 06¢20x56 25 IS OUT 64 -
25 SAL 06:25:04 CLEAR ONE TAGGED 64 -
nrlmod
n
Y V IYI I IiAA 01870
31Je �es
------------------------------------
officer' s signature date
03/10/05 THU 15:38 FAX 9788250131 SALEM POLICE
133/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYRO34 -742
,shift : A date: 07/18/03 FRIDAY org/1st
-------------------------------------------------------------------------------------
C 911 PARKING COMP—GENERAL **rcv*clr*
02: 13 * 14 SARDN17R ST apt : 003 1 SAL 911 911
352174 * CAR BLOC>ING DRIVEWAY 52
* ID ii: 5557 48 -742
: OHALA, CATHERINE
*** UNIT(S) ***
22 * SAL P PTL GAUDET PTL NOFTLE 48 -48
r> d) 02: 13 a) c> 02:23 k> h>
*** COMMENTS ***
22 SAL 02: 13:4:i CD-911-CAR BLOCKING DRIVEWAY 48 -
22 SAL 02:23:5E, i TAGGED 48 -
Salem Po11ce 0�1
i�••;ards Dlviisial
P.L Box 3005
SSW%AN 01070
-----------------------------------
officer' s signature date
f
OZ/10/05 THU 15:38 FAX 8788250131 SALEM POLICE
ISI 002
� I
! � 03/10/05 14:25
i SALEM POLICE DEPARTMENT PAGE: 1
,5. 5n INCIDENT REPORT TTYR034 -742I
snif6 B date: 04/17/04 SATURDAY
org/1st
---------------
--------------------•-
C 911 PARKING COMP-GENERAL
i.2o38 * 14 GARDNE: 003 1 SRL R ST apt : **rcv*clr*
376930 * MV BLOCKING DRIVEWAY 911 911
* ID #: 5557 52
Invo: MENTO, ANTHONY J 59 -742
UNIT (S)
16 GARDNER SALEM, MA 025-54-8254
+�** ***
22 * SAL P PTL K STPI
r) 12:38 d) 12:38 a) 12:38 C) 13:01 k) h) 59 -59
**+ COMMENTS ***
22 SAL. 12:38:4ei CD-911-MV BLOCKING DRIVEWAY 59 _
22 SAL 13a01t42 CLEAR. PARTIES ADVISED. MV MOVED _
13
22 SRL MR MENTO WAS ADVISED THAT HE CANNOT BLOCK ANOTHER PERSON' S 1333-663
2e SAL CAR IN EVEN IF THE DRIVEWAY MIGHT BE ILLEGAL. HE WAS TOLD 66 -
22 SAL NOT TO RESTRICT THE FREEDOM OF ANOTHER PERSON. HE WAS TO"D 66 -
22 SAL NOT TO BULLY HIS FEMALE NEIGHBOR ANY LONGER. HE WAS ALSO 66 -
22 SAL ADVISED THAT THE DRIVEWAY ISSUE WOULD BE INVESTIGATED ON 66 -
22 SAL MONDAY WHEN SUCH RECORDS WOULD BE AVAILIABLE. 66 _
I
p� DOD o aoa y
�R6M qr_ qy Coq,.4 .�
IdW F"
—u---- P.D. aox 3UU5 a c S
801k-NA 01 W ----------------- ---------
Officer' s signature date
I
s
U/10/05 TEU 15:38 FAI 9788250131 SALEM POLICE R003`k'
03/10/05 14:25 SALEM POLICE i DEPARTMENT v5. 5n INCIDENT REPORT PAGE: i
TTYRO34 —742
shifts—B— -- org/Isl 10/05/03 SUNDAY or /ls+
----------•------ -----------------------•-------------------------- —
CT 900 MV—GEN TOWED BY BILLS
13:45 * 14 GARDNER ST SAL **rcv*clr*
359781 * BILLS'8Q�JMM114572000 FORD ESCO BLACK 3FAKP1138YR114154 900 900
52
a R UCKER, PHILIP S 74 —74E
810 GOVERNOR WINTHROP, MA 147—E0-8478
REG. # SOJN"14 MA
*** UNITS) **
2c:
SAL P PTL SIERRA SGT DESMON SGT CONNEL PTL SMITH
r) 13145 d) a) c) 74 —
*** COMMENTS *** k) h)
22 SAL M/V BLOCKING DRIVEWAY NOT STOLEN
74 —
A ns
j"
---------- -------------------------
ofFicer' s signature date —
03/10/05 TEU 15:36 FA1, 9788250131 SALEM POLICE Q004
t
03/10/05 14#25 SALEM PDLICE DEPARTMENT PAGE: 1
v°;. 5n INCIDENT REPORT TTYRO34 --742
I
shifts C dates 03/12/04 FRIDAY oro/Ist
I ---------------------------------------------
********+►+► C 911 PARKING COMP—GENERAL **rev*elr*
20:33 * 14 GARDNER ST apt : 003 1 SAL 911 911
373779 * BLOCKED DRIVEWAY 52
* ID #e 5557 48 —742
*** UNIT(S) ***
22 * SAL P PTL R CONN PTL DOYLE 48 —128
r) 20#33 d) 20:33 a) c) 21:54 k) h)
*** COMMENTS ***
22 SAL 20e33#02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA 48 —
22 SAL 21 #54:59 NO VIOLATION 128_
I
I
Salem Pollee Deperb"d
Rccc 6% 0;.Isio9
P.O.Boxs005
llerrk MA 01970
------------------------------------ -Lgjp -----
ofricer' s signature date
03/10/05 THU 15:37 FAX 9788250131 SALEM POLICE
t
I
03/10/05 14:26 SALEM POLICE DEPARTMENT
Y5. 5n INCIDENT REPORT PAGE- i
TTYR034 —742
sh:ift : C date: 03/12/04FRIDAY
.--------------------- org/Is
------------------------------
********# C 911 PARKING COMP—GENERAL
20:33 * 14 GARDNER ST apt : 003 1 SAL **rcY*clr*
:73779 * BLOCKED DRIVEWAY 911
911
* ID #: 5557 48 - 74i
***
UNIT (S) ***
22 * SRL P PTL R CUNN PTL DOYLE 48 —12E
r) 20:33 d) 20x33 a) c) 21 :34 k) h)
*** COMMENTS ***
22 SAL 20:33:02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA _
f 22 SAL 21 :54o5g NO VIOLATION 48128-
1
Salem Poliert Deparbrow
Reuan '- ;Sjon
pl., ti,.. itu5
Salam. MA 01970
------------------------------------ Is s
officer' s signature date
03/10/05 TEU 15:37 FAN 9788250131 SALEM POLICE 006
i
03/10/05 14s26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYR034 —742
shifts C dates 11/20/03 THURSDAY org/ls1
-------------------•----------------------------
* *+►****+►* C 911 PARKING COMP—GENERAL **rcv*clr*
20:44 * 14 GARDNER ST apt : 003 1 SAL 911 911
364270 * MV BLOCKING DRIVEWAY 52
* ID #s 5557 59 —74c
I Invo: COTE, VICTORIA J 027-46-6639
14 GARDNER SALEM, MA
*** UNIT(S) ***
2e * SAL P RTL J BURK PTL K ODON 59 —59
I r) 20:44 d> 20:44 a) 20:44 c> 20:47 k) h>
*-Y•* COMMENTS ***
22 SAL 20:44:05 CD-911—MV BLOCKING DRIVEWAY S9 —
22 SAL 20:47:52 CLEAR. ONGOING NEIGHBOR PARKING DISPUTE. ADVISED 59 —
I
Salem Police Doi~
Recow., .' vision
P.C.B 3005
�i OM
3 � 10 'ADb
-------------------•------ ---------------
officer' s signature date
j 03/10/05 THU 15:37 FAI: 9788250131 SALEM POLICE 2007
I
03/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT T1YRO34 -742
shift : B date: 10/05/03 SUNDAY org/Ist
I _.._-------------------------------------------------------___--------------------
it*******:►* C 911 PARKING COMP-GENERAL **rcv*clr*
09:48 * 14 GARDNE:T ST apt : 003 1 SAL 911 911
359765 * BLOCKED DRIVEWAY 52
* ID #e :5557 133-742
**-N• UNITS) ***
22 * SAL P PTL SIERRA 133-74
r) 03:48 d) 09:48 a) 09:48 c) 09;57 k) h)
*** COMMENTS ***
22 SAL 09:48: 15 CD-911-BLOCKED DRIVEWAY 133-
22 SAL 09:57:47 1 TAGGED 74 -
I
i
I
S�hn11rIIN 0�1
lieCOrdJ oM
P0. Box 3005
Sftl MA01SM
------------------------------------
3 �io �os
ofFicer' s signature date
03/10/05 TEU 15:37 FAI. 9788250131 SALEM POLICE 9008.. .._..__....._.—_..._.. -.,.
33/10/05 14:26 SALEM POLICE DEPARTMENT
v5. 5n INCIDENT REPORT PRGE1 1
TTYRO34 -742
shift : B date : 09/20/03 SATURDAY
--------------------------- ------t
F********* C 1311 PARKING COMP-GENERAL - - -
11 :58 * 14 GARDN(ER ST apt: 003 1 SAL **rcv*cir*
358383 * BLOCKED DRIVEWAY 911 911
* ID #: 5557 52
*** UNITS) *** 63 -742
25 * SAL P PTL VAILLA
r) 11158 d) 11 :58 a) 11158 c) 12,28 k> 63 -63
i *** COMMENTS *** h)
25 SAL 11 :58: 151 CD-911-BLOCKED DRIVEWAY
25 SAL 12128: 11. VEHICLE MOVED 63 -
63 -
ismI
i
l�Ofdtohiml oil
P.O. Box 3005
SWM MA 01970
------------------------------------ 3) r o los
---------------
officer' s signature date
03/10/05 THU 15:38 FAI. 9788250131 SALEM POLICE 11 009
i�3/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT FTYR034 -742
shift : A date : 09/15/03 MONDAY org/1st
------------------------------------------------------------------------------------
t********* C 911 PARKING COMP-GENERAL **rcv*clr*
06: 13 * 14 GARDNER ST apt : 003 1 SAL 911 911
357792 * RESIDENT REPORTING BLOCKED DRIVEWAY 52
* ID #: 5557 13a-742
*** UNIT(S) ***
25 * SAL P PTL M DUNN 138-64
r) 06: 13 d) 06: 13 a) 06:20 c) 06:25 k) h)
*** COMMENTS ***
25 SAL 06: 13:30 CD-911-RESIDENT REPORTING BLOCKED DRIVEWAY 138-
25 SAL 06:20:56 25 IS OUT 64 -
25 SAL 06:25:04 CLEAR ONE TAGGED 64 -
n
YVV 11111WA 01910
31,A IbS
------------------------------------ ---------------
ofFicer' s signature date
03/10/05 THU 15:38 FAX 9788250131 SALEM POLICE �u1u........
133/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT rTYRO34 —742
,shifts A date: 07/18/03 FRIDAY org/1st
C 911 PARKINS COMP-GENERAL **rcv*clr*
02: 13 * 14 GARDNER ST apt: 003 1 SAL 911 911
352174 * CAR BLOCi'ING DRIVEWAY 52
* ID #: 5557 48 —742
OHALA, CATHERINE
*** UNIT(S) ***
22 * SAL P PTL GAUDET PTL NOFTLE 48 —48
r) d) 02: 13 a) c> 02:23 k) h>
*** COMMENTS ***
22 SAL 02s13:465 CD-911—CAR BLOCKING DRIVEWAY 48 —
22 SAL 02:23:56 1 TAGGED 48 —
Salem PON"0ww"
W-Ards DIvINoA
i'.L Bac 3005
Sift MA 01970
-----------------------------------
officer' s signature date
Gj
a
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
March 14, 2005
Salem District Court
65 Washington Street
Salem, Ma. 01970
RE: Criminal Complaint
0436CR004604
David Cote vs. City of Salem
Building Department
To the Court:
The City of Salem, through the Building Commissioner's—Zoning Officer's Office
contends the Defendant, David Cote, has continued a willful zoning violation.
The specific violations in parking in the front yard setback and creation of a second non-
conforming driveway. Salem Zoning Ordinance Section 7-3 (5) b and (5) g.
This case began late fall or early winter of 2003. The Defendant cleared the soil in the
front left of the house that abuts the neighbors property at 16 Gardner Street and created a
new driveway, parking area.
Although I can't remember the sequence of the conversation, I heard from both the
Defendant and the abutter at 16 Gardner Street.
Although, the Defendant has claimed that I told him it was o.k. to create a second
driveway, I never did. I have always in the 7 '/z years working in the Building
Department required parties seeking a second driveway to petition the Salem Zoning
Board of Appeals. The only way the Defendant might have heard anything contrary
would be if I was not told all of the facts.
Additionally, the area is too narrow and does not have sufficient depth from front yard
setback.
On April 21, 2004 I sent the Defendant a letter regarding the second driveway pointing
out both the violation and his right to appeal.
i
The Defendant continued to park in the second driveway, causing the Salem Police to
respond several times.
On August 2, 2004, I filed a complaint regarding this matter and the case was heard by
the Magistrate on August 18, 2004. At that hearing, Mr. Cote was represented by
Attorney William Heney. It was agreed by all parties to continue the case to allow Mr.
Cote and his Attorney a chance to file with the Salem Zoning Board of Appeal.
The hearing took place on October 20, 2004 and Mr. Cote was represented by Attorney
Heney. The Zoning Board of Appeals voted 1 in favor and 4 in opposition. Mr. Cote's
decision included his right to appeal per Massachusetts General Law.
I.received a report from the Salem Police Department stating that Mr. Cote was using the
driveway on the afternoon of November 5, 2004. On November 9, 2004, after conferring
with the Clerk Magistrate, I sent Mr. Cote a letter notifying him of a new date for a
Magistrate's hearing of December 1, 2004 at 10:30 a.m.
Mr. Cote failed to appear at this hearing. The Clerk Magistrate then referred this matter
upstairs as a criminal complaint#043CR004604.
The only additional note is that sometime after the November 5`h date the Defendant has
the second driveway paved.
Sincerely,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer
CITY OF SALEM9 MASSACHUSETTS
j PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
April 21, 2004
David Cote COPY
14 Gardner Street
Salem, Ma. 01970
RE: Second Driveway
Dear Mr. Cote:
I have discussed the issue of the second driveway with you several times. I have
informed you previously that in my opinion as Zoning Officer, the driveway is not legal.
I was very clear on this matter and informed you of your right to appeal to the Zoning
Board of Appeals. You can file an administrative appeal of my decision or you can file
an appeal for the second driveway. As it stands now, you are directed to cease using the
front yard area adjacent to the Scialdon property. Furthermore, you are hereby notified
that the storage of unregistered and uninspected vehicles violates City of Salem
Ordinance 24-21.
You have per the Ordinance, 15 days to register and inspect these vehicles or to remove
them.
If you have any questions, please contact me directly.
/Sincerely,
Thomas St. Pierre
Acting Building Commissioner
cc: Kate Sulliven
Capt. Callahan
Officer Jim Page
Councillor Veno
cc: enclosed Ordinance 24-21
APPLICATION '� ADULT NUMBER ;�, Trial Court of Massachusetts- s
FOR'CO' MPLAINT JUVENILE District Court Department
❑ ARREST -,V_-HEARING LJSUMMONS ❑ WARRANT COURT DIVISION -
The within named c mplainant requests that a complaint,issue against the within g3l@✓IM D1,7tr1d-C16,11 t..
- named defendant,charging said defendant with the offense(s)listed'beiow.
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE ! itn0Ms �
C r 5+,10A1. LWI01,679
NAME COM LAINANT
r* _ NO. OFFENSE G.L. Ch. and Set
ADDRESS OF COMPLAINANT .
01
2. J
'NAME,ADDRESS AND ZIP CODE OF DEFENDANT
4.
COURT USE A hearing upon this complaint application DATEOF ARING TIMED HEARING COURT USE
v,
ONLY— will be held at the above Court address on 49� AT , F—ONLY
z'
: t r CASE PARTICULARS BE tPECIFIC
i
NAME VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OE CONT;1CLLED`
jNo s Owner of property, Goods stolen,what ' Over or under ,.;._3UBSCE Q6t' EAPON
6' person assaulted,etc. destroyed,etc. $250 :._; Majaana etc.
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ry
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OTHER.REMARKS.
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6161K44100UAI
D ND NT IDENTIFICATIOW11141-11LIKMATION — Complete data below if known.
S DATE O. T - PLACE OF TH SO IALSECU ITY MB SE F7(�CF HEIGHT WEIGHT EYES HAIR
yob3 (✓ S�' iso Pic C
OCCU15ATI EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN} FATHER'S NAME
Ca
Ca
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DC-CR2(3/88)
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 C")
rn C
DECISION OF THE PETITION OF WILLIAM HENEY REQUESTING A VARIAN%
.;0 N
FOR THE PROPERTY LOCATED AT 14 GARDNERSTREET R-2 rOu'
A hearing of this petition was held on October 20, 2004 with the following Board y �z
Members present: Nina Cohen,Chairman,Bombe Belair, Edward Moriarty, Richard zp C')'
v
Dionne and Stephen Pinto.Notice of this hearing was sent to abutters and others and Lj
notices of the hearing were properly published in the Salem Evening News in accot_dancP
with Massachusetts General Laws Chapter 40A.
The petition is requesting a Variance to allow an existing curb cut to be used for a second
driveway for the property located at 14 Gardner Street in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board that:
a. Special conditions and circumstances exist which especially affect the land,
building,or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
c. 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.
The Board of Appeal, after careful consideration of the evidence presented at the hearing
and after viewing the plans,makes the following findings of fact:
1. Petitioner, William Heney representing the homeowners, David and Victoria Cote
is requesting a Variance to allow for a second driveway that has an existing curb
cut in place.
2. Petitioner states that Mrs. Cote has a disability which necessitates the need for a
second driveway. Mrs. Cote is sight impaired and requires the location of the
second driveway because she is unable to negotiate the original driveway with her
condition. Mrs. Cote is blind in one eye and therefore has no peripheral vision.
The original driveway is narrow and against the side of the house. Petitioner
further states that the second driveway is a necessity and the original driveway
creates a hardship for her to utilize.
f
DECISIONOF THE PETITION OF WILLIAM HENEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 14 GARDNER STREET
N �
R_2 c _,
page two o M o
3 The petitioner supplied a letter in support of his proposal for a Variance that way N n
signed by thirteen neighbors.
4. The direct abutter,the Scialdoni family were opposed to this second driveway.p m 3
The car would be parked very close to their house and would be right under the v
Bedrooms subjecting them to fumes and exhaust from the car.
- ---- - -On-the-basis-of-the-above findings-of.fact,and on the evidence presented at the hearing,_ _.
the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
October 20,2004
Bonnie Belair /Gc/\�
Board of Appeal,�
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that,if such appeal has been filed,that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the
name of the owner of record or is recorded and noted on the owner Certificate of
Tide.
Board of Appeal
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April 20, 2004
To: Thomas St. Pierre;
Building Commissioner, Zoning Officer, Director of Public Properties
From: Edward Scialdoni
10 Lafayette Place
Salem, Ma. 01970
Reference: Property at 14 Gardner St. Salem
My mother Mary Scialdoni owns the property at 16 Gardner St.
I believe Mr. David Cote,owner of ref. Property is in violation of building codes in
relationship to a driveway he is trying to cut in in front of his home. There is a curb cut
on the, street which has never been uses in over 40 years that I can attest to. I believe Mr
Cote did not pull a permit to dig up the front of his property, and while doing so dug up
property belonging to my mother. Residents of the property continually attempt to park
illegally in front of the house. According to Mr. St. Pierre, who conferred with me and
also officer Paige at Salem Police, probable in December of 2003. This space is not a
driveway and according to City Zoning and or ordinances cannot be,without some type
of action. I also believe Mr. Cote was informed of this.
Is it possible for something to be done so the police know that this is not a legal
driveway, and parking is permitted in said space. Because of an incident that occurred
I believe on April 16 or 17,this needs to be clear. Is it possible for the residence of 16
Gardner St. to have something from your office stating the law?
I believe he is also in violation of other laws. He has two vehicles in the rear of his
property unregistered and uninsured, as far as I can see, could we please check on this
and take the appropriate action.
I also request the Health Department to inspect his property, the property has holes in the
roof of his front porch with pigeons living there,just today I noticed what looks like a
box or type of house put on the roof of the front porch for the pigeons. The general state
of property is cluttered and in disrepair. I have also noticed work being done on the
inside, at times, that may or may not be permitted by the city. The Garage is in disrepair
also.
This property, in my opinion, is a disgrace to the community and I ask the City of Salem
to do what is can to see that this property conforms with all city codes and ordinances,
and or laws.
Please advise me of any action.
Thank You
Edward C. Scialdoni
CC: Captian Callahan, Salem Police Department; Board of Health, Joanne Scott
Councilor Matt Veno.
CRIMINAL COMPLAINT 0436CR004604 Trial Court of Massachusetts sem.
DEFENDANT Salem District Court i
COTE, DAVID
14 GARDENER STREET
SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE
OF THE SALEM DISTRICT COURT
DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR
01/07/1954 M W 611" 155 BLU BRO The undersigned complainant, on behalf of the
INCIDENT REPORT# SOCIAL SECURITY#
Commonwealth, on oath complains that on the date and at
the locationanonstated herein the defendant did commit the
012-46-7370 offense(s)listed below.
DATE OF OFFENSE PLACE OF OFFENSE
08/02/2004 SALEM
COMPLAINANT POLICE DEPARTMENT
STPIERRE, THOMAS I SALEM Wt✓-
DATE OF COMPLAINT RETURN DATE AND TIME b I
12/15/2004 102/04/20059:00 AM
COUNT-OFFENSE
1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL
on 08/02/2004 did VIOLATE SALEM ZONING ORDINANCE,in violation of 7/3 of the City or Town of SALEM.
COUNT-OFFENSE
COUNT-OFFENSE
COUNT-OFFENSE
COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS
X X 1
FIRST JUSTICE COURT Salem District Court
Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street
A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970
COPY
ATTEST:X
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
.gam 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
November 9, 2004
David Cote
14 Gardner Street
Salem,Ma. 01970
RE: Parking in second driveway
Dear Mr. Cote:
This Department has received a report from the Salem Police Department stating that you
parked in the second driveway on the afternoon of November 5, 2004.
The court case in District Court,regarding this matter,was continued generally. I asked
and received a date of December 1,2004 at 10:30 for the case to be opened again at a
Magistrate's Hearing. Please consider this letter notice to appear at Clerk's Office in
Salem District Court at the time and date mentioned above.
Sincerely,
Thomas St. i�
Building Commissioner
cc: Kate Sullivan, Mayors Office
Captain Callahan, Salem Police
Councillor Veno
of *alEm, Masottr4usetto
Public Prnpertp Department
iguilbing Department
(One Salem lAreen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 20 , 1994
To Whom it May Concern
RE: 14 Gardner Street
In February of 1994, an inspection of the porch was conducted at
14 Gardner Street. It was in need of repair and represented an unsafe
condition. I called Mr. Consoli and asked him to pull a building permit.
The permit 41408-94 was not taken out until September 1, 1994.
In late September I again inspected the porch and found a serious problem
with one support. It was repaired and a certificate was issued.
If this office can be of any further help, please do not hesitate to
call.
Sincerel ,
ohn J. n s
Local Buil din Inspe or
JJJ: scm
Plans must be filed and approved by the Inspector
prior to a permit being granted
/ '/ CITY OF SALEM
No. /LDS,q Ward
HISTORIC DISTRICT? Y N $ Date-L ti
IF FOR SIDING, HAS ELECTRIC '+y �r Home Phone
PERMIT BEEN OBTAINED? Y N Bus. Phone
APPLICATION
FOR
PERMIT TO
Rep5z� t'�VLk
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the
following specifications:
Owner's name and address FD L
C�ti6�f,'
Architect's name hotl\e�
Builder's name Vl1�P/
Location of building, No.
What is the purpose of building?
If dwelling, # of units? � Material of bldng?
Will building conform to law? (/ Asbestos? �b
Estimated cost 1City Lic.# State Lic.#
Signature of Applicant 22�&2 ,p
SIGNED/ UNDER THE PENALTY OF PERJURY
DESCRIPTION OF WORK TO BE DONE
Cw5gCt la � Sv /fl(�c�
Mail Permit to:
zo
No. `f ward
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location /y 6o,-d/7er STS'
PERMIT GRANTED
9-6- 199(-/
Approve
UEVoilding Ihsliector
CITY OF SALEM
BUILDING DEPARTMENT
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE / 1?)Cl y
JOB LOCATION 14& yj - e � �e�,^
Number Street address Section of Town
((��
"HOMEOWNER d` &i/ , T,, Ci[ 7145-1 /9 ao 636aq
Name Home phone Work phone
PRESENT MAILING ADDRESS gD OycGk6 u� 6V
SJew, wlaL O«r?p
City/Town State Zip Code
The current exemption of "homeowners" was extended to include owner-occupied
dwellings of six units or less and to allow such homeowners to engage an in-
dividual for hire who does not possess a license, provided that the owner
acts as supervisor. (State Building Code Section 109.1 .1
DEFINITION OF HOMEOWNER:
Person(s) who owns a parcel of land on which he/she resides or intends to re-
side, on which there is, or is intended to be, a one to six family dwelling,
attached or detached structures accessory to such use and/or farm structures.
A person who constructs more than one home in a two-year period shall not be
considered a homeowner. Such "homeowner" shall submit to the Building Official ,
on a form acceptable to the Building Official , that he/she shall be res onsible
for all such work performed under the building permit. Section 109.1 .1
The undersigned "homeowner" assumes responsibility for compliance with the State
Building code and other applicable codes, by-laws, rules and regulations.
The undersigned "homeowner" certifies that he/she understands the City of Salem
Building Department minimum inspection procedures and requirements and that
he/she will comply with said procedures and requirements.
HOMEOWNER'S SIGNATURE ef ✓ -Q�-&,,�
APPROVAL OF BUILDING OFFICIAL
NOTE: Three family dwellings 35,000 cubic It, or larger, will be required
to comply with State Building Code Section 127.0, Construction Control .
HOME OWNER'S EXEMPTION
The Code states that: "Any Home Owner performing work for which a building
permit is required shall be exempt from the provisions of this section
(Section 109.1 .1 - Licensing of Construction Supervisors) ; provided that is
a Home Owner engages a person(s) for hire to do such work, that such Home
Owner shall act as supervisor. "
Many Home Owners who use this exemption are unaware that they are assuming
the responsibilities of a supervisor (see Appendix Q, Rules and Regulations
for Licensing Construction Supervisors, Section 2.15) . This lack of aware-
ness often results in serious problems, particularly when the Home Owner
hires unlicensed persons. In this case your Board cannot proceed against
the unlicensed person as it would with licensed Supervisor. The Home Owner
acting as supervisor is ultimately responsible.
To ensure that the Home Owner is fully aware of his/her responsibilities,
many communities require, as part of the permit application, that the Home
Owner certify that he/she understands the responsibilities of a supervisor.
On the last page of this issue is a form currently used by several towns.
You may care to amend and adopt such a form/certification for use in your
community.
a�.
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN = Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
February 13, 1991n7o
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Mr. & Mrs . Blair Consoli (A
80 Orchard Street
Salem, MA 01970 roe, y Cf41Xn10
roe',
Dear Mr. & Mrs. Consoli:
On 2/ 11/91 , at a Salem District Court Hearing held before Clerk Magistrate
Robert Grant, the Health Department confirmed that the 3rd floor apartment
occupied by Joseph Richburg had been condemned because it was illegal and
had only one means of egress and was in an R-.2 Zone.
Mr. Grant stated if the Health Department could verify the apartment had
been vacated by Mr. Richburg, the matter could be dismissed, and on 2/ 12/91
Health Inspector, Virginia E. Moustakis met on site with Mr. Consoli and
noted the vacant apartment.
At a hearing contined to 2/25/91 , the Health Department will ask that this
matter be dismissed.
Please be advised, however, that the following must be addressed before this
apartment can be rented as either part of the second floor or as a complete unit.
-The stove and electric water heater have been installed without permits. ..
-There is only one means of egress and there is inadequate headroom inside
the apartment .
Kindly contact the Building Department for further information and instructions.
Thank you .for your cooperation in this matter.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO
Robert E. Blenkhorn, C.H.O. Virginia E. Moustakis
Health Agent Sanitarian
REB/BAS
Certified Mail P 268 678 364
cc: Attorney Louis J. Muggeo, 265 Essex Street, Salem, MA 01970
Dave Harris, Assistant Building Inspector
Fire Prevention
UNITED STATES POSTAL SERVICE rte,'^'�� '• I II I 'm
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name,address and ZIP Code �11/9 D "'°s^�- -+••*" ,,,��
In the space below. - '�-- _ �„•,
• Complete items 1,2,3,and 4 on the U.S.MAIL
reverse.
• Attach to front of article If apace
permits, otherwise affix to beck of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Pri Sender's name, address, and ZIP Code in the space bel
TO
l/e ✓
• SENDER: omplete it ms 1 and'T�when,additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TD" Space on the reverse side. Failure to do this will prevent this card
from being returned-to you.The return recei nfee will Prov ou the name of the erson delivered to and
the date of deliver _.For additional fees the o lowing services are avai ab e. onsu t postmaster for tees
an c ec oxlesl or additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Erma charge) (Extra charge)
3. Article Addressed to: 4. Article Number
//7D ?Q
Type of Service:
r❑�Registeretl ❑ Insured
L]0 Certified ❑ COD
n Express Mail ❑� Return Receipt for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5 gnature — Add see 8. Addressee's Address (ONLY if
X / requested and fee paid)
1
6. S natur — Agent
X
7. Date of Delivery
Z 3
PS Form 3811, Apr. 1989 +U.S.G.P.O.1989-238.815 DOMESTIC RETURN RECEIPT
P 070 314 302
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
S t � �}
Str of and
P.O., ate, d ZIP Cgg_de 6 I n �j�
Postage S
Certified Fee Q�
y Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
m Return Receipt showing to whom.
� Date,and Address of Delivery
d
j TOTAL Postage and Fees S it O
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Postmark or Date
E
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STICK POSTAGE STAMPS TO ARTICLE TO COYER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
I. 11 you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed Stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits. Otherwise,affix to hack of article.Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Fnter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in item 1 of Farm 3011.
6. Save this receipt and present it if yru make inquiry. e U.S.G.P.O.1988-217.132
Citp of balem, Baggub gettg
Public Propertp department
�3uilbing ]Department
One balem Orren
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
January 18 , 1991
Blair & Evelyn Consoles
80 Orchard Street
Salem,MA 01970
RE : 14 Gardner St .
Dear Mr . Consoles ,
Due to complaints received at this office an inspection was
made at the above referenced property with the following findings .
1 . Violation of Mass State Building Code , Section 609
(number of exitways ) .
2. . Violation of. Mass State Building Code , Section 113
(no permit on record) .
3 . Violation of. the Salem Zoning Ordinance , Section V . A . 2
(permitted uses in a R-2 zone ) .
Due to the severity of these violations you shall vacate this
illegal third floor apartment within seven days of receipt of this
letter . Failure to do so shall constitute a complaint being issued
at Salem District Court .
Sincerely
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . City Solicitor
Ward Councillor
Board of Health
copO V
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��41MMf NN",'
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT -
508-761-1800
February 14,; 1991
Mr. & Mr's. Blair Consoli
80 Orchard Street
Salem, MA. 01970
Dear Mr. and Mrs. Consoli:
Please refer to our February 13, 1991 letter relative to the condemnation of the
Joseph Richburg apartment. Inadvertently omitted was ,the-.location, which is
14 Gardner Street, Salem.
Enclosed, please find revised letter.
We regret any inconvenience caused you.
Very truly yours,
FOR THE BOARD OF HEALTH Reply to:
Robeft E. Blenkhorn, C.H.O. V. Moustakis,
Health Agent Sanitarian
cc: Dave Harris, Asst. Building Inspector
Attorney Louis J. Muggeo, 265 Essex Street, Salem, MA. 01970
Fire Prevention
REB/jm
encl.
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1�
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN - Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800 - -
February 14, 1991
Mr. & Mrs. Blair Consoli
80 0ichard Street
Saler9, MA. 01970
Dear Mr. & Mrs. Consoli:
On February 11, 1991, at a Salem District Court Hearing held before Clerk Magistrate
Robert Grant, the Health Department confirmed that the third floor apartment at
14 Gardner Street in Salem, owned by you,occupied by your tenant Joseph Richburg had
been condemned because it was illegal and had only one means of egress and was
in an R-2 Zone.
Mr. Grant stated if the Health Department could verify the apartment had been vacated
by Mr. Richburg, the matter could be dismissed. On February 12, 1991 Health
Inspector, Virginia E. Moustakis met on site with Mr. Consoli and noted the vacant
apartment.
At a hearing continued to February 25, 1991, the Health Department will ask that
this matter be dismissed.
Please be advised, however, that the following must be addressed before this apartment
can be rented as either part of the second floor or as a complete unit.
-The stove and electric water heater have been installed without permits.
-There is only one means of egress and there is inadequate head room inside
the apartment.
Kindly contact the Building Department for further information and instructions.
Thank you for your cooperation in this matter.
Very truly yours,
FORTHEBOARD OF HEALTH Reply to:
Robert B enkhorn Virginia E. Moustakis,
Health Agent Sanitarian
certified: P 268 678 367
cc: Dave Harris, Assistant Building Inspector
Attorney Louis J. Muggeo, 265 Essex Street, Salem, MA. 01970
Fire Prevention
REB/jm
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To: City of Salem, Building Inspector /
From: Resident of Gardner St.
Re: Third floor occupation of 14 Gardner
To whom it may concern:
As a homeowner on Gardner St. in Salem, I am writing to Inform you of
the following situation. The non-resident owners of 14 Gardner St. , have
once again begun renting the thrid floor of that building. Not only
doesn't the third floor have two exits, It was supposedly deemed unfit
for occuption when the previous tenents were evicted about a year ago.
Perhaps this could be investigated, and appropritate action taken.
c3
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Vuhlie jirapertu Department
Nuilbina Department
(One `�nlem (6reen
390-745-9595 Ext. 300
Leo E. Tremblav
Director of Public Property
Inspector of Building
"Zoning Enforcement Officer
November 19, 1992
Mr. Blair L. Consoli
80 Orchard St.
Salem, MA 01970
RE: 14 Gardner St.
Dear Mr. Blair:
Thank you very much for your prompt response to my notice dated
November 1, 1992 regarding the unlawful use of the above referenced
property. I appreciate your taking immediate action to correct the
violations.
This office will notify all the appropriate departments and the Ward
Councillor that this situation has been brought to a satisfactory
conclusion.
Sincerely
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3,and 4a&b. following services (for an extra
• Print your name and address on the reverse of this form so that we can feel:
return this card to you.
• Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressees Address
does not permit.
• Write"Return Receipt Requested"on the mailpiace below the article number. 2 ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivers
to and the date of delivery. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
Blair & Evelyn Consoli P Ong 226 HIS
80 Orchard St. 4b. Service Type
Salem, MA 01970
El Registered El Insured
Certified ❑ COD
RE: 14 St.
El Express Mail [Return Receipt for
Mer a is
7. Date f e y
v
t e1 dr8. A dres e's A r ss(Only if requested
tand fee is paid)
6. ignatu Agent)
FS Form 3 11, November 1990 *U.S.GPO:1991-2874M DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
r!l
OM
ETH'
�rEM`SFS
D.-
Official Business
OL �j(}i
U AIL
S MAIL
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
• Leo E. Tremblay, Zoning Enforcement
One Salem Green
Salem, MA 01970
III:,IfiIIIIfit It„IIII HIIdid
Tito of tntlem, ffia'55ar4usetts
n �'o Public Propertu Department
�?esinme�fi`r +Nuilbing Department
(ane *alem (5reen
i00-715-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 13, 1992
Blair L. and Evelyn Consoli
80 Orchard Street
Salem, MA 01915
RE: 14 Gardner St. , Salem (R-2)
Dear Mr. & Mrs. Consoli:
In response to a complaint received by this office, you are hereby
advised that you may be in violation of the City of Salem Zoning Ordinance,
Section 5-2 (Permitted Uses) regarding the above referenced property.
Please contact this office within seven (7) days of receipt of this
notice, failure to do so shall result in a complaint being issued against
you in the Salem District Court.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
' LET:bms
cc: Councillor Gaudreault
City Solicitor
Board of Health
Fire Prevention
Councillor Usovicz
Certified Mail #PO06 226 566
COXO r�
T i
a
IILL11 CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
January 25, 1993
Blair&Evelyn Consoli
80 Orchard Street
Salem,MA 01970
Dear Blair&Evelyn Consoli:
In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter II:
Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at
14 Gardner Street,Apt.1 occupied by Kevin& Philomena Wright conducted by Virginia Moustakis, Sanitarian of
the Salem Health Department on January 20, 1993 @ 9:30 a.m. Notice: If this rental unit is occupied by a child or
children under the age of 6 years,it is the property owner's responsibility to ensure that this unit complies fully with 105
CMR 460.000:Regulations for Lead Poisoning Prevention and Control.For further information or to request an inspection,
contact the Salem Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct these violations in accordance with the enclosed report.
Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem
District Court.
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary
information in the possession of this Board, and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies
available to them as outlined in the enclosed inspection report form.
For the Board of Health Reply to:
RAert E.Blenkho 0 Virginia E. Moustakis
Health Agent Sanitarian
cc: Tenant
Building Inspector
CERTIFIED MAIL P 348 630 911
Page 1 of_L
e r SALEM HEALTH DEPARTMENT
9� 9 North Street
Salem, MA 01970
State Sanitary Code, Chapter It: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: 1l[ 14 N 7- AH'1 tom l &a "F/ Phone: 7IN-O/l V
Address: (p.P.ONI-?2 cS7- Apt. / Floor /
Owner. Ll//.c° �9 c�J/�ZU��S/1L1 Address: 80 0krad4d St
olqla
Inspection Date: , Time: /'
Conducted By: V�T1 ZC65 Y ! tZAccompanied By: /�ie 1871. SOGI
Anticipated Reinspection Date:
,F
Specified . Reg# r ' Violation
Time 410. . .
�tJ U
.V A
a Al ._.
n/ L .e
L T J
N � -
/U Ar r116 k,7eenT AOR�CJJ
4S L r
One or more of the above violations may endanger or materially impai rC /���cQ1N� /v�p€G��
the health, safety and well-being or the occupants(s). /
7-&71.10 Afr-
(114 Code Enforcement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquidruna traduccion de esta forma.
APPENDIX H(14)
Legal Remedies'for Tenants of
Residential Housing
The following Is a brief summary of some of the legal remedies tenants may use in order to get housing code violations
corrected:
1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in
your rent
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this,it is best to put the
rent money aside in a safe place.)
2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,
section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
-the complaint;he�or she:will•.have to show a-goo&eason for the increase or eviction which is unrelated-toyouncomplaint You
may be able to,sue the landlord for damages of he or she tries this.
4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into.court rather than to the owner.The court may then appoint a
"receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your
dwelling unit does not meet minimum standards of habitability.
.6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a
violation of the consumer protection act and regulations,for which you may sue an owner.
The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the
nearest legal services office,which is:
Neighborhood Legal Services
37 Friend St.
Lynn,MA 01902
(617)599-7730
J
,yy C0110,�
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♦A
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
December 15,1992
Blair&Evelyn Consoli
80 Orchard Street
Salem,MA 01970
Dear Mr. &Mrs.Consoli:
In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State
Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter 11:
Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at
14 Gardner Street Apt.l occupied by Kevin&Philomena Wright conducted by Virginia Moustakis,Sanitarian of the
Salem Health Department on December 3,1992 @ 2:30 p.m.
Notice: If this rental unit is occupied by a child or children under the age of 6years, it is the property owner's
responsibility to ensure that this unit complies fully with 105 CMR 460.000:Regulations for Lead Poisoning Prevention
and Control.For further information or to request an inspection,contact the Salem Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct these violations in accordance with the enclosed report.
Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem
District Court.
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary
information in the possession of this Board, and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies
available to them as outlined in the enclosed inspection report form.
For
rtthee Board of Health Reply to:
RobertE BI nkhorn�� VirginiaMoustakis
Health Agent Sanitarian
Certified Mail P 332152 061
cc: Tenant
Building Department
Fire Prevention
Page 1 of
SALEM HEALTH DEPARTMENT
c , 9 North Street
Salem,MA 01970
State Sanitary Code, Chapter.11,105,CMR 410.000
Minimum Standards of Fitness�fo�ryHuman Habitation
Occupant: kF llT` /N� aNI E/71,40AEAla W/Bl4d7- Phone: ///�
Address: /2 AIT Sf Apt. I Floor
Owner. til° />A/ Address: :/7 ONC17 HRD �S*.
h10 of 9 '70
Inspection Date: /`l-3- 9oZ / Time:
Conducted By: j4 A0r,,4N1 9- 4061,5dltl,5 Accompanied By: 7Z-Ala-A-7:3-
Anticipated
Z-A/R /1-T3-Anticipated Reinspection Date:
Specified Reg # violation
Time 410. . . .
..L - " AI W alal
G
I
77L
A1, 6NIC& S /V CA-EBP,Ne
c/
LIL f,
I ,S 1Ai
S n Q , /'o s rV i
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C 3.
,2 ' IAI?lolnt�l 70 77 5
LC
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s).. o
Code Entorce ent Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquidruna traduccion de esta forma.
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SENDER:
• Complete items 1 and/or 2 for additiinal services. I also wish to receive the
• Complete items 3,and da&b. following services (for an extra
• Print your name and address on the reverse of this form so that we can fee):
return this card to you.
• Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address
does not permit.
• Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivers
to and the date of delivery. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
Patricia Zacarowski P 009 226 546
5 Roslyn St. Ct. apt 1 4b. Service Type
Salem, MA 01970 ❑ Registered ❑ Insured
❑ Certified ❑ COD
❑ Express Mail ❑ Return Receipt for
Merchandise
7. Date of Deli
vll�-
5. Signature (Addressee) S. Ad resse 's Addres (Only if requested
and fee is paid)
6. S' urs (Age
PS Forip 3611, November 1990 ou.S.GPO:1991-287-M DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE ES
BPMF+a .��.
Official Business o 0
.; . Vc
PENALTY FOR PRIVATE
USE, 8300
Print your name, address and ZIP Code here
Leo E. Tremblay, Inspector of Buildings
One Salem Green
Salem, MA 01970
IIL����JILII�I���IILI�IIII�i
. � �-��
d/�9.3
Cnttg of *a1em, maasar4usetta
Public Propertg %partment
Nuilhing i9epartment
(One #stem O;reen
508-745-9595 Ext. 300
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
December 21, 1992
Blair and Evelyn Consoli
80 Orchard Street
Salem, MA 01970
RE: 14 Gardner St. (R-2)
Dear Mr. & Mrs. Consoli :
This office received a copy. of violations found by the City of Salem
Health Department when they inspected the premises on December 3, 1992, a
copy of which is enclosed.
You are hereby ordered to make the necessary repairs with regards to
the back stairwell and the soffit area and to notify this office within
fourteen ( 14) days of receipt of this notice so it may be inspected.
Just a reminder that should you, at any time, want to convert this to
a three family dwelling it would require action of the City of Salem Board
of Appeal and without Board of Appeal approval this building can only be
occupied as a two family dwelling.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
Zoning Enforcement Officer
LET:bms
cc: Councillor Gaudreault
Health Department
i Fire Prevention
ON City Solicitor
Councillor Usovicz
Certified Mail #P009 226 531
a` :BUILDING DEPT
• a
FEB q 3 57 AM °91
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH RECEIVED
Salem, Massachusetts 01970 CITY OF SALEM,MASS.
ROBERT E. BLENKHORN- 9 NORTH STREET
HEALTH AGENT -
'(617) 241-1800
January 31, 1991
Blair & Evelyn Congoli
80 Orchard Street '.
Salem, MA 01970
Re:--14`Gai:dnei Street Apt'._3. occupied by Joseph Richburg and two sons
Dear Mr. &-Mrs. Consoli:
In accordance with Chapter 111, Sections 127A, and 127B of the Massachusetts General
Laws, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative
Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: "Minimum Standards
of Fitness for Human Habitation, Inspections of the above property were conducted
on December, 27, 1990 by Virginia Moustakis of this department and a reinspection
conducted on January 17, 1991.
Based on the inspections„the following were noted:
410':450', -Only-one means of' egress ,for this third floor-apartment•wtiicti:is
in violation-of-state ,building code-as we-11—:--
This`-apartment_is_zoned-for--two_families -only.
v.._.,�,_. __ -
410.351 Hot-water tank inside small--alcove'for`which no permit-was-obtained-
- ,-i
or adequate venting--provided?
4-10.351 Floor vent is creating cold air draft.
410.500 Paneling of back bedroom is bucking and source of cold air.
410.500 Bathroom flooring not level and floor tiles missing
410.351 Ceiling light fixture has open area at ceiling.
No Certificte of Fitness Inspection was conducted of this apartment
which is mandated by City of Salem Ordinance Chapter 11 Article XIII,
Section 2-334 prior to rental to this tenant.
01
continued
fJ
SALEM HEALTH DEPARTMENT
" 9 North Street
Salem, MA 01970
Blair & Evelyn Consoli Page 2 January 31, 1991
Re: 14 Gardner Street Apt. 3 occupied by Joseph Richburg and two sons
Based upon the aforementioned information and violations and in accordance with
105 CMR 410.831 A & D, the Health Department has determined that the danger
to the life and/or health or the occupants in immediate and subsequently deems
this unit unfit for human habitation. :
In accordance with 105 CMR 410.831 E, 'the Health Department Orders this unit
condemned and vacated within Twenty Four (24) Hours of.receipt of this Order.
Also, the owner is hereby ordered to secure the dwelling unit.
Should you be aggrieved by this Order, you have a right to request a hearing before
the Board of Health. A request for a Hearing must be received in writing in the
office of the Board of Health within seven (7) days of receipt of this Order. At'
this hearing, you will be given an opportunity to be heard and to present witness and
documentary evidence as to why, this Order should be modified or withdrawn. You may
be represented by an Attorney. - Please also be informed that you have the right to
inspect and obtain copies of all relevant inspection or investigation Reports, Orders,
Notices or other documentary information in the possession of the Board and that any
Adverse party has the right to be present at the Hearing.
Failure on your part to comply with the specified time can result in a complaint
being sought against you in Salem District Court.
THIS UNIT SHALL NOT BE USED FOR HUMAN HABITATION UNTIL WRITTEN APPROVAL IS SECURED
FROM THE BOARD OF HEALTH.
The Health Department appreciates your cooperation in this matter.
If you have any questions, please contact this office at (508)741-1800.
Very truly yours,
FOR THE BOARD OF HEALTH
Lr
ROBERT E. BLENKHORN, C.H.O.
HEALTH AGENT
REB/m /
cc: Tenant cc: Building Inspectory _
Salem Housing Authority, 27 Charter Street, Salem, MA 01970
Attorney Louis J. Muggeo, 265 Essex Street , Salem, MA 01970
HAND DELIVERED February 1, 1991 to Mr. & Mrs. Consoli, Joseph Richburg, Salem Housing
Authority
e�
AAS\
°p��nxa V°"es
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH sTREET
HEALTH AGENT
(617) 741.1800
JANUARY 24, 1991
RE: 14 GARDNER ST.
SALEM, MA APT.3
JOSEPH RICHBURG, TENANT
j Carol McGowen
Assistant Executive Director
Salem Housing Authority
27 Charter Street
Salem, Ma 01970
Dear Mrs. McGowen:
Per our telephone conversation today, enclosed herewith are copies
of all Health Department Inspection Reports and pertinent correspondence.
As you will note, this apartment did not have a Certificate of Fitness
conducted by this department as mandated by City of Salem Ordinance
Chapter II, Article XIII, Section 2-334.
Also please note there is only one means of egress for this third
floor apartment, occupied by Mr. Joseph Richburg and his two sons',
which constitutes an illegal apartment.
We are requesting your assistance in providing emergency housing
for Mr. Richburg in order to vacate this apartment as soon as
possible.
Thank you for your cooperation in this matter. If you have any
questions, please call us.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO;
ROBERT E. BLENKHORN, C.H.O VIRGINIA MOUSTAKIS
Health Agent Sanitarian
REB/G
c NCLS
CC: JOSEPH RICHBURG
ATTY. LOUIS MUGGEO
DAVID HARRIS ASSISTANT BLDG. INSPECTOR
BLAIR & EVELYN CONSOLI
105 C;.IR . DEPART%IFNI
s
TEMPORARY HOUSING
Section
410.430 Temporary Housing Allowed Only with Board of Health Permission
410.431 Any Exceptions to Minimum Standards Aust Be Specified '3
1410.432 through 410.449: Reserved) q€
TEMPORARY HOUSING 'x
410.430: Temporary Housing Allowed Only with Board of Health Permission 1
No temporary housing may be used except with the written permis-
sion of the board of health. *;
s%
410.431_: Any Exceptions to 'Minimum Standards Must Be Specified r
All temporary housing shall be subject to the requirements of these ^.
minimum standards, except as the board of health may provide in its
written permission. (See 105 CMR 410.840. )
EXITS }s.
i
` Section
410.450 Means of Egress
410.451 Egress Obstructions
410.452 Safe Condition
(410.453 through 410.479: Reserved)
EXITS
C 410.450: Means of Egress a
Every dwelling unit, and rooming unit shall have as many means of
exit as will allow for the safe passage of all people in accordance with
780 CHR 104.0, 105.1 ,and 605.0 of the Massachusetts State Building
Code.
1n
410.451: Egress Obstructions
No person shall obstruct any exit or passageway. The owner is
�/� responsible for maintaining free from obstruction every exit used or
07 (� /,'QGGcd intended for use by occupants of more than one dwelling unit or
rooming unit. The occupant shall be responsible for maintaining free
from obstruction. all means Of exit leading from his unit and not com-
mon to the exit of any other unit.
4
410.452: Safe Condition
i'
The owner shall maintain all means of egress at all times in a safe,
operable condition. All exterior stairways, fire escapes, egress bal-
conies and bridges shall be kept free of snow and ice. All corrodible
d yaU�• structural parts thereof shall be kept painted or otherwise
protected
against rust and corrosion. All wood structural members shall be c
treated to prevent robbing and decaying. Where these elements tie'
directly into the building structural system, all joints shall be sealed
to prevent water from damaging or ,corroding the structural element.
SECURITY
Section
ti
410.480 Locks
" 410.481 Posting of Nardi of Owner
410.482 Smoke Detectdrs
9/30/83. 9/3(
Vol 2 - 525
105 COIR: DEPARTMENT OF PLBLIC HEAL"CH
i
X
'r f ..r..M'MIM+i
410.700: Inspectors Duty to C�asslfy Violations
Any one or more of the conditions specified In 105 CMR 410.750,
- when found -to exist in residential premises, shall always be deemed to '•
be conditions which may endanger or materially impair the health Z :}
or safety, and well-being of an occupant or the public. The conditions
( specified in 105 CMR 410.750 are specifically not intended as an ex-
haustive enumeration of such conditions. In addition to the conditions . `
specified in 105' CMR 410.750, the Inspector shall determine If any
other violations of 105 CMR' 410.100 through 410.620, or any other a1
conditions, are conditions which may endanger or materially impair the '-
health or safety, and well-being of an occupant or the public. ;.
410.750: Conditions Deemed to Endanger or Impair.Health or Safety a
The following conditions, .when found to exist in residential pre-
mises, shall be deemed. conditions which may, endanger or impair the ;
health, or safety and well-being of a person or persons occupying the
premises. This listing 1s composed.of those items which are deemed to
always have the potential to endanger or materially impair the health orFNrl"I
safety, and well-being of the occupants or the public. Because Chap-
ter 1I, 105 CMR 410.100 through 410.620 state minimum requirements of >'
fitness for human habitation, any other violation has the potential to z
fall within this category in any given specific situation but may not do
so In every case and therefore is not Included in this listing. Failure W.
to include shall in no way be construed as a determination that other'+73,
violations or conditions may not be found to fall within this category.
Nor shall failure to include affect the duty of the local health official
to order repair or correction of such violations pursuant to 105 CMR s `
410:830 through 410.833 nor shall failure to include affect the legal
obligation of the person to, whom the order Is issued to comply with'
such order.
(A) Failure to provide a supply' of water sufficient in quantity,
pressure and' temperature, both hot and cold, to meet the ordinary ' "
needs of the occupant in accordance with 105 CMR 410.180 and 410.190 '
for a period of 24 hours or longer.
(B) Failure to provide heat as required by 105 CMR 410.201 or im
proper venting or use 'of a space heater or water heater as prohibited#
by 105 CMR 410.200(B) and 410.202.
i
(C) Shutoff and/or failure to restore electricity or gas.
(D) Failure to supply the electrical facilities required by 105 CMR
410.250(B), 410.251(A), 410.253 and the lighting in 'common area re
„ p quired by 105 CMR 410.254.
(E) Failure to provide a safe supply of water. .
(F) Failure to provide a toilet and maintain a sewage disposal system'
i In .operable condition as required by 105 CMR 410.150(A)(1) and
410.300.
{ (G) Failute to provide adequate exits; or the obstruction of any exit `
passageway or common area caused by any object, including garbage,
or trash, which prevents egress In case of an emergency 105 CMR t'
410.450, 410.451 and 410.452. m ''
y ;
(H) Failure to comply with the security requirements of 105 CMR
410.480(0).
(1) Failure to comply with any provisions of 105 CMR 410.600,
4 410.601, or 410.602 which results In any accumulation of garbage, rub'
bish, filth or other causes of sickness which may provide a food sour
or harborage for rodents, insects or other pests or otherwise cont
bate to accidents or to the creation or spread of disease.
x 9/30/83 Vol. 2 - 633
F ..
(Cftp of balem, fflam5aCbU!5ettg
Public Propertp Department
�hilbing Department
One fialtm &teen
745-9595 4Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
January 18 , 1991
Blair 6 Evelyn Consoles
80 Orchard Street
Salem,MA 01970
RF. : 14 Gardner St .
Dear Mr . Consoles ,
Due to complaints received at this office an inspection was
made at the above referenced property with the following findings .
I . Violation of Mass State Building Code , Section 609
(number of exitways ) .
2. . Violation of Mass State Building Code , Section 113
(no permit on record) .
3 . Violation of. the Salem Zoning Ordinance , Section V .A . 2
( permitted uses in a R-2 zone ) .
Due toIthe severity of these violations you shall vacate this
illegal third floor apartment within seven days of receipt of this
letter . Failure to do so shall constitute a complaint being issued
at Salem District Court .
Sincerely ,
/ v
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . City Solicitor
Ward Councillor
Board of Health
�c�-e�
��,-./
G/��er�c�
.2
Priority 43 - Displaced By Public Action (Type B)
If you have been displaced due to a public health agency's enforcement of
local , state health codes:
Copy of the official order of displacement due to code enforcement.
Orden should be sent directly to the Housing Authority by the ubli
health department involved. Document may be nown—as—De�garation of
Condemnation and should include the specific pcoperty involved.
A statement of efforts taken by .you, the applicant, to remedy the
situation pr;-or to the actual condemnation and subsequent to the
condemnation.
Attached documents, to demonstrate your action(s), such as letters to
the landlord, previous board of health notices, or court records.
Proof that you were a resident of the affected property. You should
submitisuch items as: rent receipts, copy of your lease or rental,
agreement.
Priority #4 - Emergency Case Category(ies)
Our approved Emergency Case Plan is posted in our administrative offices and
available for your review. Our emergency case plan is for applicants in cir-
cumstances ashfollows:
VsA. HOMELESS having an immediate and direct threat to life or safety.
B. MEDICAL, applicant household member is suffering from severe medical
emergency, illness, or injury which is life-threatening and has been
caused by the lack of suitable housing.
C. ABUSE, applicant is in an abusive situation.
( D. Each LHA should further detail case types, if any, covered by
their Department approved emergency case plan. )
If you feel that your situation is one or more of the above, you need to submit
the following:
A. HOMELESS If you are homeless and living in a hotel, motel, or shelter, _
your housing search worker or a shelter staff member must send written
justification which certifies your homelessness directly to the
Housing Authority.
B. MEDICAL reasons need to be documented by your medical records.
Your doctor needs to submit written certification of your medical
condition, the contributing factors to that condition, and the
prognosis of your condition directly to the Housing Authority.
- 2
}
• _ tY4J•CONOITQ
e
I u Y
AdO1M
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT [.J
(617) 741-1800 n
December 28, 1990 ry
M
Blair and Evelyn Consoli :� o
" rn
80 Orchard St.
Salam, Ma 111970 7: -3�-
Dear Sir/Dear Madam: c�
In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts
General Laws, 1105 CMR 400.000: State Sanitary Code, Chapter 1: General
Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter
II: Minimum Standards of Fitness for Human Habitation, an inspection was
made of your property at 14 Gardner St. Apt, R3 Salem, Massachusetts,
occupied by Joseph Richburg This inspection was
conducted by Virginia Mcustakis Salem Health Department, on
December 27, 1990 at 9:30 a.m.
BASED aT TENANT COMPLAINT, AN INSPECTION WAS GUMC= AND THY FOLUJ MC NOTED:
YOU ARE HEREBY ORDERED TO TAKE CORRECTIVE ACTION WITHIN THE TIME
SPECIFIED BELOW:
FRONT-BEDROOM
10 DAYS 410.500 Holes in walls must be patched
One window must be provided with locking device
24 HCURS .351 Floor vent must be checked to prevent entrance
of cold draft into the apartment
BACK BEDROOM
24 HOURS 1 .351 Ceiling light fixture placed too near ceiling and
beams must be adjusted
10 DAYS .500 Seal closet ceiling from which cold air enters
20 DAYS 500 Repair and secure portion of paneling which is loose
BATHROOM
10 DAYS 500 Replace missing floor tiles and repair floor
15 DAYS f .501 Check skylight and make weathertight and draft free
LIVING RDOM I11
4-HOURS .351 Repair ceiling light fixture which is hanging and dangerous
24 HOURS 1 .500 Clean out small alcove and make weathertight and draft free
' .501
24 HOURS .351 Question the location of the hot water tank inside this
small alcove and whether there is proper venting and
whether any permits were given to install
Page 1
J
4et SALEM HEALTH DEPARTMENT December 28, 1990
et 9 North Street
2• s � Salem, MA '01970
I
Blair and Evelyn Consoli Inspection Report
80 Orchard St. 14 Gardner St. Apt. #3
Salem, Ma 01970
OPERABLE
THERE ARE NO/SMOKE DETECTORS IN THIS APARTMENT NOR IN THE BACK NNSWAY/CEISAR STAIRS
WHICH YOU MUST PROVIDE IN TWENTY-FOUR HOURS (410. 482)
(THERE IS ONLY-ONE MEANS OF EGRESS IN THIS AP. _-WHIM
OF IS IN
AN
BOTH THESTATESANITARY CODE AND TE BUILDING CODE- �
YOU,MUST
TAKE IMMEDIATE CORRECTIVE ACTION WITHIN 5 DAYS To. PROVIDE
A SECOND MEANS OF EGRESS - NOTIFY BUILDING INSPECTOR IMMEDIATELY FOR
PERMITS (410.450)
PER BUILDING IINSPECTOR, THIS DWE ,IJNG IS ZONED FOR TPIO APARIMENT5 ONLY. THEREFORE
THIS CONSTITUTES VIOLATION OF BOTH CODES. PER TELEPHONE CONVERSATION WITH MRS.
CONSOLI, SHE STATED BOTH TENANT AND OWNER KNEW THIS. 1,10 PERMITS WERE TAKEN
OUT FOR WORK PERFORMED.
THERE WAS NEVER ANY CERTIFICATE CF .FITNESS INSPECTION CONDUCTED BY THIS DEPAjnTvn I'
PRIOR TO RENTING TO THIS TENANT WHICH IS IN VIOLATICN OF SALEM CITY ORDINANCE.
VIOLATIONS CONT'INUED. . .. . .
BACK HALL :
5 DAYS .501 Make weathertight door to apartment.
10 DAYS 1500 Repair, scrape, patch and repaint back hallway walls
24 HOURS .351 Repair hanging light fixture in ceiling
5 DAYS .500 Replace sashcord of first floor window
10 DAYS .501 Repair/replace plexiglass portion of door which is
cracked and not secure.
30 DAYS .500 Repair soffit area that is rotted, broken and has wooden beams
nulling away from frame of building
BECAUSE OF THE SERIOUSNESS OF THIS ,SITUATION, WF, ARE REQUESTING THE L^MIEDIATE
ASSISTANCE OF BOTH THE BUILDING INSPECTORS DEPARTP0NT ARID FIRE PREVENTION.
AND ARE FILING A CaAPLAINT IN DISTRICT COURT.
SALEM HEALTH DEPARTMENT December 28,, 1990 Pal,'e 3 of 3
Property in Sa1eill at
,.� 9 Noah Street 14 Gardner St . , Apt. 3
R Salem, MA 01970
•.,..r .,,, 9'c:nnnt : Joseph Ric i urg
To: Blair and Evelyn Consoli
TVUr—c Far F St .j
Salem, MA 01970
ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH,
SAFETY AND WELL-BEING OF THE OCCUPANTS.
Failure on your part to comply within the specified time will result in a complaint
being sought against you in Salem District Court.
Should you be aggrieved by this Order, you have the right to request a hearing before
the Board of Health. A request for said hearing must be received in writing in the
office of the Board of Health within seven (7) days of receipt of this Order. At
said hearing, you will be given an opportunity to be heard and to present witness
and documentary evidence as to why this Order should be modified or withdrawn. You
may be represented by an attorney. Please also be informed that you have the right
to inspect and obtain copies of all relevant inspection or investigation reports,
orders and other documentary information in the possession of this Board, and that
any adverse partylhas -the right .to be present at the hearing.
Please. be advised! that the conditions noted may enable the occupant(s) to use one
or more of the statutory remedies available to them as outlined in the enclosed
Inspection report form.
FOR THE BOARD OF HEALTH REPLY TO
ROBERT E. BLENKIIORN, C.H.O. VIRGINIA MOUSTAKIS
health Agent SANITARIAN
Certified Mail 0 HAND DELIVERED BY CONSTABLE 12/28/90
enc. Inspection Report
cc: Tenant . XBldg. Inspector _ Electrical Inspector XPIum6t09 6 Gas Inspector
XFi're Dept. _ City Councillor
SALEM- HEALTH DEPARTMENT
Page l of�_
9 North Street
Salem, MA 01970
STATE SANITARY CODE, CHAPTER 11: 105 CMR 410.000
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION"
OCCUPANT: tiT ! / G — __. ___..___:___ PHONE:— :J<%/-- .6
APT. 3 FLOOR--
ADDRESS:_/%���7.f'/I/�FZ� � �1. GG
OWNER: /Ill(//C /. 9= L-I/L.G,.// 91f} ADDRESS:
(7,1,n 114 O (7f 4r)
INSPECTION DATE: TIME:
CONDUCTED BY: ��{- j p,• i /y//rl i t7 L. ACCOMPANIED BY: 7[7.17
ANTICIPATED REINSPECTION DATE:
SPECIFIED REG. #
TIME 410. . . . VIOLATION
Ok/ '' 7v �E O/✓ iLll
!1? Vt h v AC � 7 - - ( '
' ''Nn/ r
it/ ftw c1 !r7 rr
_I qV o - ,r,,hr� i�,< c;�J !/r./�— /J�C-
l
/lam nJ� F' /— X MiPP fes-4 L0 X7717 126,1111
One or more of. the above violations may endanger or maters lly
impair the health, safety and well-being of the occupant (s)
Signed and certified under the pains and penalties of perjury
/111/ -
( DE ENFOR E MIT INSPECTOR
f -
'� Af'{'cIJLiIX If�t'9j
Lcgal Refiledies for I c1laiWS III
. ltcsidenlial liu.usiny( ..
1110 FOLLOWING IS A IIRIEF SUPIfvi ARY OF So,lME OF I I I E LEGA I. It E,tiEDIES TEN-ANT'S ,MAY USE IN ()R DF:R 11) GIC}
NOUS INC,CO 0E.VIOLA IIONS COR RECTFAI,
I. Rant Withholding(General Laws(C hapmr -IV Section sA) "
!i Code Violations Are N,,( arinr Corrected you may'be-rr,tm:rd-to-ln.kf-back your-rein pu.ymnns. You can do-t!}is hom-beiuq_ .—
nire•d if:
A. You can prove that your dwellinr unit or common areas contain code violations which arc serious enough to endanger or maleri-
ally impair your health orrsefecy and that ,your landlord ;ne, about the violations before you were behind in your rent.
Ir. You did not cause the violations and they can be repaired whiie yc`u con:in tie to live in the building.
t .
i C. You are preps}ccl to pay any portion ,fine rent into cour! it a judge orders you w pay it. Wor this it r, hest to put the rent nwncs
aside in a safe"place.!
2. Repair and Deduct(Gcneral Laws Chapteri l I Section 127L).
The late sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that
there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice: : .r
of the violations,you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have
them made)within five days after notice or to complete repairs within IS days after notice you can use up to four months' rent in any,year to
make the repairs.
1. Retaliatory Rent Increases or Evictions Prohibited(General Laws Chapter 186,Section 18 and Chapter 219 Srction 2A).
The owner may no: incresse your rent or evict you in retaliation for making a complaint to your local code enforcement agency about
code violations. If the owner raises viiur rent or tries Ito -via wit!iin six nionths after youthave made the complaint he or she will havelo.sho
a good reason for the increase or eviJion uhicb is unrelated to :our complaint. You may be able to site the landlord for damacc>:f h:or she
tries this. - .
3. Rent Receivership(General Laws Chapter 1 I I Sections 127C.H), I
The occupants and/or thr board of luz!th n,ay fMttti^n the District or Superior Court to allow rent to be paid into court f:ahcr:han to
Ilic owner. The court may ti,ci, appoint > "recrn et" ++ho mx. s;,nd as :nu'.:c of,h_- rent n;nncv as is needed to correct the vio!:u torr. The rc.
cciver is not subject io a spending limimuou of ion mouths'c,;u.
S. :Breach of\Vananty of liabitabili;v,
-. You Ina\'b^ elt(.!luilC S..I )'l:.r and1o,d 't1''1H/:,� ;, om, ot } .urrrnt r^!1.'^td ;f'our I"C'll eJnit :'Acs lim I,C: 'wfl t.. mS'_ ,,II
ards of habitability. '
6. Unfair ind OcicptiyC Pr>cnccs !.a`,%C hnp•ct 0A)
.; 1n.l 1, n,t"•. +oh -.t. . . t •,�. .,.. r.
owner.
lit)'. I\H4?Na1rON !'p.E`+r�`rTF.0 aRt)t'F ll� ONLY k SUPINARV (it IIII'. 1..\tt tt r:011t. Yell DFCIUF Tit toll"nf 1101 I)
1,. .. ,. t '..,. 1 \} !. ...-, f,l .. .. . .,",t. .. - i�. . . . .., .:J ...., I. . . '. t :, .':t,.l _ ,•.� .. . R' . . 'I- '::rt",+ '
it 1111 1 + 1 ,i i�\L.:�L:• + +/ i.,.,."'i.I) +. U':-i 1ti. . liii. ' .,. , ,.,. .n ;1 , Il . 't ' 't 1. ....
I•it l.i.
SALEM HEALTH DEPARTMENT . - DA'rv:C /,7-
'�AiaRi, MA 01970'
NAME:
T�-
PECIFIED- REG:'_n_. _—
--
'IME 410. . . . . VIOLATION _
ob
E � � c,/,I,irP.,71✓dor i�y�� /,vNn m�c�_
c , N� p
a : p _ L°
rc'• - `
3S n/ 20UC
LIP DZ.—Alelc 1A)
Q 0 Con ? 72 /
Nor !s ✓✓fSr76a t Qin G
N
-Lk / 7✓
/
Otic, S /s /Gl G7� Q�, ��' l_AB�V,
Page J oc J
SALEM HEALTH DEPARTMENT --Z?aD _
9 North Street
J '
Salem, MA 01970
.NAME:—�1-•—�1- r ii C— --ADDRESS
SPECIFIED REG. (lam
T IME 410. . . . - VIOLATION - --- - ----- ------ - -------
// 1,,V4261 i ILE IYZ ZW1,f XV _ )
lcifiirh� �xrt� �rr� rv� r��1
D
h/vt
s n
c� O — .13W04 all k 12,4L60 / i
i oe tA)
t
CLP
let ags N /v a
11/Fp A4:i `f/�i �� ( A/4Za.1,lLT0-N
/V
a,�
Lu D'»7 �l@Zm e O� %SCG
a/ o .^ LL
l� (AySI %Jl�/NT tJIL/�
() CITY OF SALEM HEALTH DEPARTMENT
V
OFFICE OF THE BOARD OF HEALTH
Salem,Massachusetts 01970
ROOM E BLENKHORN,CHO NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax(508)7409705
January 20, 1994
Blair Consoli
80 Orchard Street
Salem, MA 01970
Dear Sir::
In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of your property
located at 14 Gardner Street Apt. I occupied by McDougal conducted by Julie Jackson-Forsberg, Sanitarian
of the Salem Health Department on October 10, 1993 @ 9:30 a.m.
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's
responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning
Prevention and Control. For further information or to request an inspection, contact the Salem Health
Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct these violations in accordance with the
enclosed report.
Failure on your part to comply within the specified time will result in a complaint being sought against you in
Salem District Court.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of
this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary
evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please
also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation
reports,orders and other documentary information in the possession of this Board, and that any adverse parry
has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
FOR
�'THE
''",BOARD OF HEALTH
� REPLY TO
Ro�ert E. Ble horn, C.H.O. Julie Jackson-Forsberg
Health Agent Sanitarian
REB/mp
cc Tenant Electrical Inspector Building Inspector
CERTIFIED MAIL P 871 581 445
SALEM HEALTH LIEPAPTMENT Page 1 of
(\, 9 North Street
Salem,MA 01970 State Sanitary Code, Chapter If: 105 CMR 410.000 .
Minimum Standards of Fitness for Human Habitation
Occupant: Mc �auola� Phone:
Address: ISI' e'�za-s-A In Apt. I Floor
Owner. I a_j l— Cor, so t Address: A40
S��et�vi M� `]o
Inspection Date: to . to ' '13 Time:
Conducted By: JILAiP lit �bPa.�1 Accompanied By: fit- its
Anticipated Reinspection Date:
Specified Reg #• Violation
Time 410.
CL-4- W h
-Tc� s 5� P�-tel-; '-fNeor-- i s -ivisP.�i►=e� �c-�z.� h�s1
- 1 t�7oi . ' 814ie 'IrOG� � W1„ icL, iS
1 I �ct-4 Iztzr�-r� l i l �t 4I X.4-LL4 i s-
4-
+ 'r s t-,od-
su.
i v. Cor-.tu.c�E- -t-l-ie eleG�r-r-� ecz,(
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s).
Code Enforcement Inspector
Este as un documento legal importante. Puede qua afecte sus derechos.
Puede adquiriruna traduccion de esta forma.
i�sPeCSFati—
„ APPENDIX-H(14).
Legal Remedies for Tenants of
Residential Housing
The following Is a brief summary of some of the legal remedies tenants may.use In order to get housing code violations
corrected:
1. Renttkftoli ine(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you
may be-entitled to hold bac1 .k your rept payments.You can do this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in
your rent
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it(For this,it is best to put the
rent money aside in a safe place.)
2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract.tohave them
made)within five days after,notice or to complete repairs within 14 days after notice,:you can use up to four months'rent in any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohihi ed(Massachusetts General Laws,Chapter 186,section 18:and Chapter 239,
section 2A):The owner may not increase your rent or evict you in retaliation for making'a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
the complaint,he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint You
may be able to sue the landlord for damages of he or she tries this.
4. :Rent RReceivership(Massachusetts General Laws,Chapter;11,section.127 C-H):.The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a
"receiver'who may spend as much of the rent money anis needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. Breach of WIm aty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your
- dwelling wit does not meet minimum standards of habitability.
6. Unfair and Deceptive Fracticct'(Massaehusetts General laws,Chapter 93A):Renting air apartment with code violations is a
violation of the consumer protection act and regulations,for which you may sue an owner. • . „
The information presented above is only'a summary of the law.Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the
nearest legal services office,which Is:
Neighborhood Legal Services
37 Friend St.
Lynn,MA 01902
(61-7)599-7730
Pagez- of
SALEM HEALTH DEPARTMENT
9 a 9 North Street Date:
Salem. MA 01970
Name: MG De2�ferj Address:
Specified Reg # Violation
Time 410. . . .
Cori fz-a l S "t�+8 loa..�-b-� �-r. 1 i 1-,+- -�-;>C•4-u-1�
�-t-� I i h•I- -Fix-i-u-re . I t-,ves � -i-�,�
tib let-r, cr_►-c� i r. ��,-,i-H ' t•---
i t„voi ce -evzvv , a- I ic�,Se� elecF� , iac
-t l-r;S� o FFi cB .
2l c, Gvoo e Imo Wall i s Cov
W 1'f'l�-r GL Io08�1 ct_�-iK� <SeC�-iov� d�-
t�PJ
a61 ucz(e t-- . Mot-� WE-J1
i tom,4c -d- , F i i S u-c'e� +o cov
24�lR_S *mac d t'� I 7 V7 aW 1 iz>
ho+ l �tVe l ,l US}�1 �•
A
-11 F
t-,Qoz�l 1-a.� i s l-rt tt s+- be su. I I S W i t-vt
bctJ u..Sk�l--� IciCr°� Inm 1�Y'lor� 't1�-i.ce.-F�-�
-1 354 d v- i t i I zi t
( i �� •I i--r vr�o✓� �.l t--wct a.t-e w i
� i-r� -E-i 4--s�-• -f--lca>-- -1--ec.-,a.r,,..�-�< e��c�-�--i az_I
Ioo�C . Lwuse �i-��i-;✓�-- 't s �s l i e�
Cot-,tvucf- W i t-Vn a,
k a i v,ve l-i • I-n� _W'% r,
i t--1 V i o l eLt i orz g, � .
-7 � l ' 1�+- -F-;x-I-u.�. � �� •�-tet-,-�
14 S � e _� li l�-8 a- I bole—•Ga,,,t-moi
� rao+= -ta fit✓e �tZ--I�.
Page 3 of 3
SALEM HEALTH DEPARTMENT
Date:
9 North Street
oe '�
Salem. MA 01970
Von C
Name: N-1c,- PIQ l Address: l4 �t�r—z��e►�
Specified Reg # Violation
Time 410. . . .
E t-- 4- s
B tocz:
coxa r�
I� CITY OF SALEM HEALTH DEPARTMENT
1 ' BOARD OF HEALTH
9 North Street
OBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
February 16, 1993 a
Blair&Evelyn Consoli
80 Orchard Street
Salem,MA 01970
Dear Mr. & Mrs.Consoli
On February ll,1993 in accordance with Chapter H of the State Sanitary Code, 105 CMR 410.000, Minimum
Standards of Fitness for Human Habitation,a reinspection was conducted at 14 Gardner Street,Exterior
Premises owned by you.
At that time, it was noted that all Health Code violations cited by this deparunent have been corrected. (See copy
of report attached).
I
Thank you for your cooperation in this matter.
Very truly yours,
For the
`Board
,00ff{�Health Reply to:
or
Robert E.Blenkhom,C.H.O. Virginia Moustakis
Health Agent Sanitarian
REB/mp
cc: Building Inspector Leo Tremblay
Page 1 of
SALEM HEALTH DEPARTMENT
9 9 North Street
�a Salem, MA 01970
State Sanitary, Code, Chapter If: 105 CMR 410:000
Minimum Standards of FitnesslfoNuman Habitation
Occupant: _f2�yPhone:
Address: ' 1vt Apt. _ Floor
Owner: G9/de t'� 1/1/ (?4 4SO )4 Address: 90 Q-�QY7f a If
o(Q 60
Inspection DatOW je` I/0 'a- 9 3 Time: 442�
Conducted ey: 1�l oo/s Iel r Accompanied By:
Anticipated Reinspection Dafe:3
"b,
Specified Violation=xs .:. . : t' , # s z f :r,,; c. ;.frr
Time ,
xem:i?3`�.r i?E3ri':T.'S:�l ii` E ,. s.• 4 " .d 7th�-", .:�,. �C. /�. '.,zt'.u�:
/A 11V /U(
'i..'h'7,kV% ,UOT 43 AI- r4 Xb:.-'± 5 Z `y'.:ft7
t-.
-..u.7�f,.31t';i kyr 1V 1ETtr`r.r ,q°. s•,- O'i : i..fk. .;s.Jw`}Ara 29Y[6' WJ;A x.:.•.
!I/S ; ,t/S —70 Al
One or more of the above violations may endanger or materially impair
the health, safety and well-bein or the occupants(s).
I
'._ a3!"
Code Enforcerfient Inspector
Este es un documento legal importance. Puede quo afecte sus derechos.
Puede adquidruna traduccion de esta forma.
APPENDIX H(14)
Legal Remedies for Tenants of
Residential Housing
The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations
corrected:
1. Rent Withholding (Massachusetts General laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in
your rent.
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rant into court if a judge orders you to pay it.(For this,it is best to put the
rent money aside in a safe place.)
2. Rcliit and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health, safety,or well-being,and your landlord has received written notice of the violations,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them .
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Probibi (Massachusetts General Laws,Chapter 186, section 18,and Chapter 239,
section 2A):'Ibe owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
. . the comp
mlaint,be or she will.have;to.shQw_a_good:reasou for the increase or-eviction which isunrelated to.your.complaint.:You:-
may be able to sue the landlord for damages of he or she tries this.
4. Rent R�ivershio(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a
"receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent.
5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your
dwelling unit does not meet minimum standards of habitability.
6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a
violation of the consumer protection act and regulations,for which you may sue an owner.
The Information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other
legal action,it Is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730
OZ/10/05 THU 15:38 FAX 9788250131 SALEM POLICE
¢j 002
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03/10/05 14:25 SALEM POLICE DEPARTMENT
v5. 5nINCIDENT REPORT PAGE: 1
TTYRO34 —742
sniftl B date: 04/17/04 SATURDAY
--------------------•-- org/1st
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1.2138 * 14 GARDNE:R ST aptl 003 1 SAL **rcv*clr*
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* ID #: 5557 52
Invo: MENTO, ANTHONY J 59 —742
16 GARDNER SALEM, MA 025-54-8254
*** UNIT(S) ***
22 * SAL P PTL K STPI
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*** COMMENTS *** h)
22 SAL. 12:38:4e, CD-911—MV BLOCKING DRIVEWAY 59 —
22 SAL 13101x42 CLEAR. PARTIES ADVISED. MV MOVED 59 —133
22 SRL MR MENTO WAS ADVISED THAT HE CANNOT BLOCK ANOTHER PERSON' S 133-66
22 SAL CAR IN EVEN IF THE DRIVEWAY MIGHT BE ILLEGAL. HE WAS TOLD 66 —
22 SAL NOT TO RESTRICT THE FREEDOM OF ANOTHER PERSON. HE WAS TO; 66 —
22 SAL NOT TO BULLY HIS FEMALE NEIGHBOR ANY LONGER. HE WAS ALSO 66 —
22 SAL ADVISED THAT THE DRIVEWAY ISSUE WOULD BE INVESTIGATED ON 66 —
22 SAL MONDAY WHEN SUCH RECORDS WOULD BE AVAILIABLE. 66 —
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v5. 5n INCIDENT REPORT PAGE: 1
TTYR034 -742shift : B -----dates 10/05/03 SUNDAY
--------------
---._-._----
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CT 900 MV-GEN TOWED BY BILLS
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359781 * BILLS BQ;JM14 2000 FORD ESCO BLACK 3FAKPI138YR114154 900 900
* ID *: 5557 52
: 'GLUCKER, PHILIP S 74 -742
810 GOVERNOR WINTHROP, MA 147-E0-8478
REG. # BOJIY 14 MA
*** UNITS) ***
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*�* COMMENTS *** k) h)
22 SAL M/V BLOCKING DRIVEWAY NOT STOLEN
74 -
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ofPicer' s signature date -
03/10/05 TFID 15:39 FA], 9788250131 SALEM POLICE 2004
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03/10/05 14:25 SALEM POLICE DEPARTMENT PAGE: 1
vE;. 5n INCIDENT REPORT TTYR034 --742
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shifts C dates 03/12/04 FRIDAY org/1st
-------------------------------------------•---------------------------------------
********:►+► C 911 PARKING COMP—GENERAL **rev*clr*
20:33 * 14 GARDNER ST apt : 003 1 SAL 911 911
373779 * BLOCKED DRIVEWAY 52
* ID #s 5557 48 —742
*** UNIT S1 ***
22 * SAL P GTL R CONN PTL DOYLE 48 —128
r) 20%33 d) 20:33 a) c) 21:54 k) h)
*** COMMENTS ***
22 SAL 20x33:02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA 48 —
i 22 SAL 21 :54x59 NO VIOLATION 128-
1
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Salem Police Depsrballd
Am ds O+.ision
P.O.Box 3005
",leak MA 01970
------------------------------------- -Dj±j.Qs -----
officer' s signature date
03/10/05 TEU 15:37 FAS 9788250131 SALEM POLICE flook
i
03/10/05 14:26 SALEM POLICE DEPARTMENT
Y5. 5n INCIDENT REPORT PAGE: i
7TYR034 —742
shrift : C date: 03/12/04 FRIDAY
------------------------------------------------ org/1 s
—
** �►***+:* C 911 PARKING COMP—GENERAL —
20:33 * 14 GARDNER ST apt : 003 1 SAL **rcY*clr*
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22 GAL 20:33:02 CD-911—BLOCKED DRIVEWAY
` 22 SAL GOA 48 —
f 22 SAL 21 :54x59 NO VIOLATION 48 —
128—
Salem Pollee Denarlmw
Reci'14F. '' ;Sion
pf., 6r:. jJO5
Salem, MA 01970
-------------------------------------- -----------
officer' s signature date
03/10/05 THU 15:37 FAN 9788250131 SALEM POLICE Q006
i
03/10/05 14s26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT
TTYRO34 —742
shifts C dates 11/20/03 THURSDAY org/lsl
--------------------I--------------------------------------
-----------------------
+**** *** C 911 PARKING COMP—GENERAL **rcv*Clrs
i 20:44 * 14 GARDNER ST apt : 003 1 SAL 911 911
364270 * MV BLOCKING DRIVEWAY 52
* ID #s 5557 59 —74C
Invo: COTE, VICTORIA J
027-46-6639
14 GARDNER SALEM, MA
*** UNITS) *** I
2P. * SAL P PTL J BURK PTL K ODON 59 •-59
r) 20:44 d) 20:44 a) 20:44 c) 20s47 k) h)
* * COMMENTS ***
22 SAL 20144:05 CD-911—MV BLOCKING DRIVEWAY S9 —
22 SAL 20:47152 CLEAR. ONGOING NEIGHBOR PARKING DISPUTE. ADVISED 59 —
}
SalemiRolico 0lpMlhA�
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- ----------------------- ---------------
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Yi ^ 03/10/05 TEU 15:37 FAI. 9788250131 SALEM POLICE 19 007
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03/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: i
v5. 5n INCIDENT REPORT TTYR034 -742
shift : B date: 10/05/03 SUNDAY org/1st
- -------------- ---------------------------------------___--------------------
9 11
---------911 PARKING COMP-GENERAL **rcv*clr*
09:48 * 14 GARDNEA ST apt : 003 1 SAL 911 911
359765 * BLOCKED DRIVEWAY 52
* ID #z 5557 133-742
**.N• UNIT (S) *** i
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22 SAL 09:57:47 1 TAGGED 74 -
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ofFicer' s signature date
`03/10/05 TEU 15:37 FAI. 9788250131 SALE)( POLICE Z008
___.__.,.._._._._........._.
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2)3/10/05 14:26 SALEM POLICE DEPARTMENT
v5. 5nINCIDENT REPORT PAGE: 1
TTYR034 —742
shift : Bdatee 09/20/03 SATURDAY
-------- org/1st
-------------
F********* C :311 PARKING COMP—GENERAL
11 ,58 * 14 GARDNER ST apt: 003 1 SAL **rcv*clr*
338383 * BLOCKED DRIVEWAY 911 911
* ID ii: 5557 52
*** UNIT(S) *** ' 63 —742
25 * SAL P PTL VAILLA
r) 1.1 :58 d) 11 :58 a) 11158 c) 12328 k)
*** COMMENTS *** h)
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25 SAL 12,28: 1). VEHICLE MOVED 63 —
63 —
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P.O, Dox 3005
Salem MA 01970
31 o jos
offi.cer' s signature date
03/10/05 THU 15:38 FAX 9788250131 SALEM POLICE 009
03/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT rTYRO34 -742
-shift : A date: 09/15/03 MONDAY oro/1st
------------------------------------------------------------------------------------
t********* C 911 PARKING COMP-GENERAL **rcv*clr*
06: 13 * 14 GARDNER ST apt : 003 1 SAL 911 911
357792 * RESIDENT REPORTING BLOCKED DRIVEWAY 52
* ID #: 5557 138-742
*** UNIT(S) ***
25 * SAL P PTL M DUNN 138-64
r) 06: 13 d) 06: 13 a) 06:20 c) 06:25 k) h)
*** COMMENTS ***
25 SAL 06: 13:30 CD-911-RESIDENT REPORTING BLOCKED DRIVEWAY 138-
25 SAL 06:20:56 25 IS OUT 64 -
25 SAL 06:25:04 CLEAR ONE TAGGED 64 -
n
—. ,,OWA 01970
lb
----------•------------------------- ---------------
efFicer' s signature date
03/10/05 THU 15:38 FA1. 9788250131 SALEM POLICE to u,1u,..,__
133/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYRO34 -742
shift : A date: 07/18/03 FRIDAY org/1st
-------------------------------------------------------------------------------------
+e********* C 1911 PARKINS COMP—GENERAL **rev*elr*
02: 13 * 14 GARDN17R ST apt: 003 1 SAL 911 911
352174 * CAR BLOCF(ING DRIVEWAY 52
* ID #: 5557 48 -742
: DHALA, CATHERINE
*** UNITS) ***
22 * SAL P PTL GAUDET PTL NOFTLE 48 -48
r)i d) 02: 13 a) c) 02:23 k) h)
*** COMMENTS ***
22 SAL 02: 13:4:i CD-911-CAR BLOCKING DRIVEWAY 48 -
22 SAL 02:23:5E, 1 TAGGED 48 -
L.
Salem Pon n
r•-�;Ordzrds D(v sios
K Box 3005
SON MA 01970
-----------------------------------
officer' s signature date
! i 03/10/05 THU 15:38 FAX 9788250131 SALEM POLICE
1a002
it03/10/05 14:25 SALEM POLICE DEPARTMENT
v5. 5nINCIDENT REPORT PAGES 1
TTYR@34 -742
k enift : B --dates 04/17/04 SATURDAYOrg/1st
---------------- -- "--"""
C 911 PARKING COMP-GENERAL
12s38 * 14 GARDNE:R ST apt : @@3 1 SAL **rcv*clr*
3i"6930 * MV BLOCKING DRIVEWAY 911 911
* ID #: 5557 52
Invo: MENTO, ANTHONY J 59 -742
16 GARDNER SALEM, MA @25' '4-Sc'S4
UNIT(S) ***
22 * SAL P PTL K STPI
r,) 12:38 d) 12:38 a) 12:38 c) 13:01 k) h) 59 -59
** COMMENTS ***
22 SAL. 12:38s4e, CD-911-MV BLOCKING DRIVEWAY
22 SAL 13:01s42 CLEAR. PARTIES ADVISED. MV MOVED 59 -_
22 SRL MR MENTO WAS ADVISED THAT HE CANNOT BLOCK ANOTHER PERSON' S 133-663
22 SAL CAR IN EVEN IF THE DRIVEWAY MIGHT BE ILLEGAL. HE WAS TOLD 66 -
22 SAL NOT TO RESTRICT THE FREEDOM OF ANOTHER PERSON. HE WAS TOLD 66 -
22 SAL NOT TO BULLY HIS FEMALE NEIGHBOR ANY LONGER. HE WAS ALSO 66 -
22 SAL ADVISED THAT THE DRIVEWAY ISSUE WOULD BE INVESTIGATED ON 66 -
j 22 SAL MONDAY WHEN SUCH RECORDS WOULD BE AVAILIABLE. 66 -
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MA 019M ----------------- ---------a J o Officer' s signature signature date
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03/10/05 THU 15:36 FAY 9788250131 SALEM POLICE
R 003
03/10/05 14:25 SALEM POLICE DEPARTMENT
v5. 5n INCIDENT REPORT PAGE= 1
TTYRO34 —742
shift : B date: 10/05/03 SUNDAY
-------------- ----------------------------------------------------------
----
#*�#****** CT 900 MV—GEN TOWED BY BILLS
13:45 * 14 GARDNER ST SAL #*rev*cIr#
359781 * BILLS 8QJM14 2000 FORD ESCO BLACK 3FAKP1138YR114154 900 `3OQi
* ID #: 5557 52
: GLUCKER, PHILIP S 74 -742
810 GOVERNOR WINTHROP, MA 141 '60-8478
REG. # 8OJh'14 MA
*+ * UNITS) #**
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74 -
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----- I---------------
OfFicer' s signature date
MI 03/10/05 THU .15:36 FAI 9788250131 SALEM POLICE 12004
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03/10/05 14:25 SALEM POLICE DEPARTMENT PAGE, 1
v°;. 5n INCIDENT REPORT
TTYRO34 •-742
shift : C date: 03/12/04 FRIDAY org/1st
I --------------•--------------------•-------
** ****** C 911 PARKING COMP—GENERAL **rev*clr*
i 20:33 * 14 GARDNER ST apt : 003 1 SAL 911 911
373779 * BLOCKED DRIVEWAY i2
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r) 20:33 d) 20:33 a) c) 21 :54 k) h)
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22 SAL 20:33:02 CD-911—BLOCKED DRIVEWAY 48 —
22 SAL GOA 48 —
22 SAL 21 :54:59 NO VIOLATION I28—
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Salem Pollee Depardned
Recti ds 0:cision
P.O. Box 3005
,Iem,MA 01970
------------------------------------- -----
ofricer' s signature date
� I
kl 03/10/05 THU 15:37 FAX 9788250131 SALEM POLICE 005
; I
03!10/05 14:26 SALEM POLICE DEPARTMENT
` v5. 5n INCIDENT REPORT PAPE: 1
TTYR034 '-742
shrift : C date: 03/12/04 FRIDAY
---•-------
--- ----- --------------- org/1s
********#* C 911 PARKING COMP—GENERAL --`---"'_•._..__.__.
20:33 * 14 GARDNER ST apt : 003 1 SAL **rcv*clr*
373779 * BLOCKED DRIVEWAY 911 911
* ID t3: 5557 52
*** UNITS) *** 48 -•741
22 * SAL P PTL R CUNN PTL DOYLE
V) 20:33 d> e0:33 a> c> c'1 :54 k> 48 •-1:^_f
** COMMENTS *4* h>
22 SAL 20:33:ei2 CD-9i1-BLOCKED DRIVEWAY
22 SAL GOA 48
22 SAL 21 :54:59 NO VIOLATION 48
128-
1 �
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Salem Polire DenarlMW
lle(044 ",;aeon
Pt', bs- '005
Salem, MA 01970
----------•---- '6 S
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of'ficer' s signature date
03/10/05 THU 15:37 FA:C 9788250131 SALEM POLICE R006
03/10/05 14:26 SALEM POLICE DEPARTMENT
v5. 5n INCIDENT REPORT PAGE. 1
TTYR034 —742
i shift : C dates 11/20/03 THURSDAY
----------------------- org/lsi
** *** ** C 911 PARKING COMP—GENERAL
20:44 * 14 GARDNER ST apt ; 003 1 SAL *1911*911
;x64270 * MV BLOCKING DRIVEWAY 911 911
* ID #: 5557 52
Invo: COTE, VICTORIA J 59 —74E
14 GARDNER SALEM, MA 027"46-6639
*x*
UNIT(S) ***
22 * SAL P PTL J BURK PTL K ODON 59 59
r) 20:44 d) 20:44 a) 20-44 c) 20:47 k) h)
* * COMMENTS ***
2G SAL 20-44:05 CD-911—MV BLOCKING DRIVEWAY J9 _
22 SAL 20-47:52 CLEAR. ONGOING NEIGHBOR PARKING DISPUTE. ADVISED 59 —
Salem Pollrn Dgp
Reeow. . 'Vision
P.C.PAX 3005
,rn,Mk01970
3rlor"� b
------------------------ -----------
ofFicer' s signature date
ii 03/10/05 THU 15:37 FA% 9788250131 SALEM POLICE Z007
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v5. 5n INCIDENT REPORT TTYR034 --742
shift : B date: 10/05/03 SUNDAY org/Ist
---------------------------------------------------------------------------------------
C 911 PARKING COMP—GENERAL **rcv*clr*
09x48 * 14 GARDNER ST apt : 003 1 SAL 911 911
i 359765 * BLOCKED DRIVEWAY 52
* ID #a :5557 133-742
*** UNITS) ***
=2 * SAL P PTL SIfERRA 133-74
r) 03:48 d) 09:48 a) 09:48 c) 09:57 k) h)
#** COMMENTS ***
22 SAL 09:48415 CD-911—BLOCKED DRIVEWAY 133--
22 SAL 09:57:47 1 TAGGED 74 —
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P.D. Box 3005
fW" MA 01870
------------------------------------
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of'ficer' s signature date
03/10/05 THU 15:37 FAX 9788250131 SALEM POLICE Z008
D3/10/05 14:26 I SALEM POLICE DEPARTMENT
V5. 5n INCIDENT REPORT PAGE-. 1
TTYRO34 --742
shift ; B --',--- -------------------------------------------- -
date: 09/20/03 SATURDAY
-------------------- _ -- st
f4********* C 1311 PARKING COMP-GENERAL �- -A-_-- --- --
11 :58 * 14 GARDNER ST apt ; 003 1 SAL **rev*elr*•
358383 * BLOCKED DRIVEWAY 911 911
* ID #): 5557 52
*** UNITS) *** 63742
- �L
25 * SAL P PTL VAILLA
r) 1.1 :58 d) 11 :58 a) 11 :58 c) 12:28 k) 63 -63
i *** COMMENTS *** h)
25 SAL 11 :58; 19 CD-911-BLOCKED DRIVEWAY
25 SAL 12:28: 11. VEHICLE MOVED 63
63 •-
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gecorft Dhdaia.
P.O. Box 3005
Salem,MA 01970
1
-------------------- 31 o X05
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offi.cer' s signature date
03/10/05 THU 15:38 FA3: 9788250131 SALEM POLICE 8009
I
193/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT I-TYR034 -748:
;hift : A date : 09/15/03 MONDAY org/1st
j .---------------- ----------------------------------------------------------------
t*******#* C 911 PARKING COMP-GENERAL **rcv*clr*
06: 13 * 14 GARDNE:R ST apt : 003 1 SAL 911 911
357792 * RESIDENT REPORTING BLOCKED DRIVEWAY 52
* ID #: 5557 138-742
*** UNITS) ***
25 * SAL P RTL M DUNN 138-64
r) 06: 13 d) 06: 13 a) 06:20 c) 06:25 k) h)
*** COMMENTS ***
I 25 SAL 06: 13:30 CD-911-RESIDENT REPORTING BLOCKED DRIVEWAY 138-
25 SAL 06:20:56 25 IS OUT 64 -
25 SAL 06:25:0,t CLEAR ONE TAGGED E4 -
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MA ot97O 3
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------------------------------------
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- -----officer' s signature date
03/10/05 THU 15:38 FAY. 9788250131 SALEM POLICE ''AP 1 Q . ._
133/10/05 14:26 SALEM POLICE DEPARTMENT PAGE: 1
v5. 5n INCIDENT REPORT TTYRO34 -742
shift : A date: 07/18/03 FRIDAY org/1st
-------------------------------------------------------------------------------------
*****+***# C i 911 PARKING COMP-GENERAL **rcv*cIr*
02: 13 * 14 GARDN17R ST apt : 003 1 SAL 911 911
352174 * CAR BLOCKING DRIVEWAY 52
* ID #: 5557 48 -742
: OHALA, CATHERINE
*** UNIT (S) ***
222 * SAL P PTL GAUDET PTL NOFTLE 48 -48
r) d> 022: 13 a) c) 02:23 k> h>
*** COMMENTS ***
22 SAL 02: 13i4b CD-911-CAR BLOCKING DRIVEWAY 48 -
222 SAL 02:23:56 1 TAGGED 48 —
Salem Police popes
I^:;ords Division
P.L Box 3005
Sd ft MA 01970
-----------------------------------
officer' s signature date
'Z4/06/2005 13:50 FAX 9785312479 JOHN KEILTY, ESQ 1001
II
40 Lowell Street,Suite 22,Peabody,Massachusetts 01960 ,tc,
" (979)531-7900
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7b; Salem Building Inspector's Mice From: John R.Keilly, Esquire
Attn: Thomas SL Pierre
Fax: (978)740-9846 Pages:
Phonm Date: April 6,200.5
Re: 14 Gardner Street,Salem,MA
❑ Urgent ❑ For Review ❑Please Comment ❑Please Reply ❑Please Recycle
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"04/06/2005 13:50 KU 9785312479 JOHN KEILTY, ESQ 1a02
JOHN R. KOUT, COUNSELOR AT LAW
40 LOWELL STREET TELEPHONE (978) 531-7900
PEABODY, MA 01960 FAcsimiLE (978) 531-2479
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April 6, 2005
1 i
Via Facsimile Transmission
Building Inspector
City of Salem
120 Washington Street
Salem,MA 01970
Attn: Thomas St.Pierre
Building Commissioner
1I Re: David Cote
14 Gardner Street, Salem,Massachusetts
DearMr. St. Pierre:
i I
I have recently been contacted by David Cote who lives at 14 Gardner Street in
Salem, Massachusetts.
Mr. Cote has informed me that in order to be in compliance with a Court Order,
he needs to file an aptplication with the City of Salem Board of Appeals before his return
to Court on April 29 .
I am aware that Mr. Cote had already been denied a Variance in 2004 and I
therefore am of the opinion that he cannot return until the expiration of two years or relief
is granted from the Planning Board.
I
I would like to discuss with you whether or not his application was intended to be
an appeal of your Decision or a new Variance.
I
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<p .04/06/2005 18:50 FU 9785312479 JOHN %SILTY, ESQ Z03
I
Could you call me regarding this matter.
Very truly yours,
John R. Keilty, Esquire
JRK/emb
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{ 04/19/2005 09:44 FIX 9785312479 JOHN KEILTY, ESQ f�01
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To: Salem Building Inspector's Office From: John R.K My,Esquire
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Attn: Thomas St Pierre
Fax: (978)7409846 Pages:
Phone: Date: April 19,2005
Re: 14 Gardner Street,Salem, MA
❑ urgent ❑ For Review ❑PImse Comment ❑ Please Reply Cl Flease Recycle
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04/19/2008 09:44 FAX 9T8J3124T9 JOHN KEILTY. E99 02
JOHN R. KEnTY, C O U N S E LO R AT LAW
40 LOWELL STREET TELEPHONE (978) 531-7900
PEA600Y, MA 01960 FACSIMILE (976) 531-P-479
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April 19, 2005
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Via Facsimile Transmission
Mr. Thomas St. Pierre
Building Inspector
City of Salem
120 Washington Street
Salem, MA 01970
Re: 14 Gardner Street,Salem,Massachusetts
Dear Mr. St. Pierre:
I recently met with Mr. Cote again and wondered how best to resolve the issue.
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It seems to me that if Mr. Cote blocks access to the parking area he created by the
installation of some railroad ties that are actually tied down and affixed to the property
i thereby denying use of the curb cut, we would have resolved the issue of suggested
change of use which triggered Section 7.3 of the Code.
Please call me to discuss that matter.
Very
truly yours,
xaftu
John R. Keilty,Esquire
JRK/emb
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