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22 1/2 HARDY STREET - BUILDING INSPECTION 222 HARDY STREET Slll__ l__-n ll7//l��ll(G No. 153L-2 HASTINGS. MN 'LOS ANGELES-CHICAGO-LOGAN.ON MCGREGOR.TX-LOCUST GROVE.GA U.S.A. Y 0 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT g_Mmg 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. UISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 976-740-9846 June 4, 2004 Mrs. Cora LeBlanc Copy 22 1/2 Hardy Street Salem, Ma 01970 RE: Right of Way Dear Mrs. LeBlanc: Councillor Harvey asked me to look into the problem you are having with your neighbor, Mr. Shea. Previously you contacted my office, Engineering,the Mayors Office, Councillor Chuber, the City Solicitor's Office, Bill Merrill and others. Each time you were told the same thing. The Shea's own the land that the R.O.W.is on. You have a deeded right of way across the Shea's property to access Hardy Street. The Shea's cannot, by State Law obstruct the R.O.W. This issue is a civil matter between you and the Shear's As I told you previously, you need to retain an Attorney to assert your rights regarding the R.O.W.. This is not a service or function of any City Department. I would suggest talking to an agency like N.S.C.A.P. if paying an Attorney is not within your means. If you have any questions on this matter, please contact me directly. Sinc //ely Thomas St Pierre Acting Building Commissioner cc: Kate Sullivan, Mayors Office Councillor Harvey James Gilbert, City Solicitor Elizabeth Rennard, Assistant City Solicitor .�o CITY OF SALEM MASSACHUSETTS yep PUBLIC PROPERTY DEPARTMENT rFp 120 WAS ,MAO 97RD FLOOR SALEM0 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9646 STANLEY J. LISOVICZ, JR. MAYOR October 22, 2002 p ce% Cora LeBlanc 22 '/2 Hardy Street Salem, Ma. 01970 Ms. LeBlanc: Please be advised, the issues and problems you are having with your neighbor, Mr. Shea, are a civil mater. We previously advised you to retain an Attorney and to pursue the "right of way" issue in court. I will go on record indicating that the hot top cut, at the edge of Mr. Shea's property and your driveway was done simply to aggravate you. The reasons Mr. Shea gave me for cutting the hot top were not creditable. I'm not sure what led up to Mr. Shea's actions, but it is not a City issue at this time. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Chuber FRANK J. INGRAM, ESQUIRE ATTORNEY AND COUNSELLOR AT LAW 325 CENTRAL STREET SAUGUS, MASSACHUSETTS 01906 TEL. 781-233-2990 FAX: 781-233-9146 October 19, 2000 John R. Keilty, Esquire 40 Lowell Street Peabody, Massachusetts 01960 RE: 22/22-1/2 Hardy Street Dear Mr. Keilty: Thank you for the correspondence you faxed to me today regarding the signage and passage interference controversies at the above referenced address. I agree that Mr. Shea has posted signs as stated in your letter. However, I do not believe that the signs so placed and sized are in compliance with either the letter of intent of the Stipulation of Dismissal. Paragraph 3 of the Stipulation states in pertinent part that the two signs shall be placed ". ..along a 15 foot right of way. .." 1. Exhibit 1 , herein attached, shows an encircled"V' This is where the signs are located, at the end of the right of way, not along it. The signs are approximately 123 feet from Hardy Street. 2. Exhibit 2, herein attached, show the fence upon which the signs are affixed. 3. Exhibit 3, herein attached, is a photograph of the signs taken from a distance of about 10 feet. 4. Exhibit 4, herein attached, is a photograph of the signs, which are 11-3/4"by 9-3/4" with lettering approximately 1-1/4" by W. The signs as sized and placed are ineffectual, particularly the"No Parking In The Driveway" sign, where they are over 120 feet from the driveway entrance. I suggest that Mr. Shea at least fashion larger more readable signs, placing the"No Parking In The Driveway" sign at or near the beginning of the fence alone the right of way. Please advise me as soon as possible what, if anything, your client will.do to rectify this situation. Sincerely Fr� COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Dept. C.A. No. 97-0242 ROBERT M. SHEA, JR. AND GEORGE) M. PENA, ) Plaintiffs ) ) VS. ) CORA KARBOWNICZAK, ) Defendant ) ` STIPULATION OF DISMISSAL Now come the parties in the above-entitled matter who stipulate that, except for the specific provisions enumerated below, that all other aspects of the above entitled matter, including the prayers for money damages, costs and injunctive relief, be dismissed with prejudice. 1. The Plaintiffs at their expense and without interference from the Defendant, will be authorized to construct a fence on Plaintiffs' side of the true property line between the Plaintiffs and the Defendant except for the area of the existing 15 foot right of way as set forth on Plan of Land recorded with Essex County South District Registry of Deeds together with deed of John J. Karbowniczak to Stanley J. Karbowniczak in Book 4825, Page 75, which right of way the parties hereto ratify and affirm and which shall remain open and unimpeded without interference from the Plaintiffs. Said fence shall be located at least six inches in from said property line. 2. The Plaintiffs, shall at Plaintiffs' expense, remove the existing fence of the Defendant currently encroaching upon the Plaintiffs' property during the above construction in a proper fashion which will leave the fencing useable by the Defendant. 3. The Plaintiffs shall at their expense provide signage along the 15 foot right of way and attached to the said fence which shall read "No 2 Parking in the Driveway" and a separate sign on the fence which shall read "No Passing Beyond Here". Each of the parties hereto shall at all times encourage their families, clients, guests and other invitees from violating the foregoing. 4. The Defendant shall not interfere in any fashion with the Plaintiffs and their family, clients, guests and other invitees at 22 Hardy Street, Salem, Massachusetts and is further restrained from entering upon the property of the Plaintiffs except as to pass and repass over the said right of way on Plaintiffs' land. Similarly, the Plaintiffs shall not interfere in any fashion with the Defendant and her family, guests and other invitees (including delivery and services, etc.) at 221/2 Hardy Street, Salem, Massachusetts and is further restrained from entering upon the property of the Defendant. The Plaintiffs and Defendant further agree that they shall avoid contact with each other except where necessary. Respectfully submitted ROBERT M. SHEA, JR., ET AL CORA KARBOWNICZAK By their attorney, By her attorney, John R. Keilty, Esquire David N. Harris, Esquire 40 Lowell Street 30 Central Street Peabody, MA 01960 Peabody, MA 01960 (508) 531-7900 (508) 531-8000 Dated: May 22, 1997 Cap, JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 FACSIMILE (508) 531-2479 November 8, 1996 Ronan, Segal & Harrington 59 Federal Street Salem, MA 01970 Attn: George Atkins, Esquire RE: 22 1/2 HARDY STREET, SALEM MA Dear George: Following receipt of your letter dated October 30, 1996, I had the opportunity to meet with my clients to discuss the same on November 8, 1996. My client wish to resolve the matter and propose the following, which I believe should be an acceptable compromise to your client. 1. Exchange Area "A" for Area 111311. 2. Area "A" will now include the area which is current roped as shown on the plan. 3. My clients will construct a new fence along the new boundary line of the property. 4. Your client pay one-half the cost of the fence. 5. Your client has a choice of either a gate at the right of way point, or a simple opening. 6. If there is no gate, then there shall be no rope. Signage would need to be either posted on the interior fence or on a sign on the left within the new confine area. 7. Your client pay one-third of the cost of plowing for snow storms. 8. We recite mutual non-interference language with respect to the parties. I am enclosing herewith a package of photographs that depict that in fact your client is using areas of my clients' property which are within their exclusive use. The Maestranzi truck was parking clearly in my clients' parking lot. The oil burner truck was also over the line. Page -2- I believe that the.resolution in the manner that we have proposed, does much to reconcile differences between the parties creates an exclusive area for your client and resolves the issue of ownership in the manner that your client had hoped. Please advise. Very truly yours, .f - Joh iR. Kei ys ; e JRK/emb Enclosures FRANK J. INGRAM9 ESQUIRE ATTORNEY AND COUNSELLOR AT LAW 325 CENTRAL STREET SAUGUS, MASSACHUSETTS 01906 TEL. 781-233-2990 FAX: 781-233-9146 October 26, 200.0 Ms. Cora LeBlanc 22-1/2 Hardy Street Salem, MA 01970 Dear Ms. LeBlanc: Enclosed are copies of correspondence I have recently exchanged with Attorney Keilty regarding the issue of signs. I am in receipt of your letter dated October 25, 2000 and Barbara's note dated October 24, 2000. Your letter demands the signs be properly placed within five(5) days. Attorney Keilty's letter is pretty,clear that Mr. Shea intends to do nothing. If you want further action, it will have to be in court,which`is timeconsumingand-expensive.' Please contact me and let me know how you wish to proceed. Sincerely, Frank J. Ingram Enclosures BOARDOFASSESSORS 93 WASHINGTON STREET,CITY HALL,SALEM, MASSACHUSETTS 01970 (508)745-9595 Ext.260 (508)744-5918 FAX i � :.Ty Cfr f February 28, 1991 ._ Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 Dear Mrs. Fusco: Please be advised that the property known as Assessors' Parcel 1141-310, currently carrying the legal street address of_ 222—Rear Hardy Street, has had`fts legal address changed to 2} Hardy Street:The owner-has apparently been using 22} as ��=- the mailing address for a number of years, and 22 Rear is some- times mistakenly considered as a rear entrance to 22 Hardy Street. This change will serve to eliminate any future con- fusion. t/ 'Ve i rufylours, Peter M. Caron Chief Assessor PMC:mjg cc: Postmaster Joseph J. Leccese Chief Joseph F. Sullivan, Fire Department Margaret R. Hagerty, Principal Clerk, Water Dept. //William H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem Cora LeBlanc, 221 Hardy Street, Salem Councillor George Nowak