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10 HAYES ROAD - BUILDING INSPECTION _ _ � / d -����� Mullins 10 Hayes Road Salem, MA 01970 June 1, 2010 Thomas St.Pierre Building Commissioner/ Director of Inspectional Services City of Salem 120 Washington St., 3rd Floor Salem, MA 01970 Dear Mr. St.Pierre, I am in receipt of your letter dated May 27, 2010, as well as a copy of Salem Ordinance 24-21.1. We were not aware of the zoning regulations and have since removed the un-lettered commercial vehicle and enclosed trailer from the"paper" street adjacent to McKinley Road. It is unfortunate that the anonymous complainant did not approach anyone in my family regarding this issue. The truck and trailer were only parked on the "paper" street adjacent to McKinley Road on two separate occasions, each for less than 13 hours. As a point of clarification, we are not running a landscaping business out of our home. I am wondering if the complaint was filed by Barry Collette, who was heard screaming "are you kidding, he's in my spot again?" It is interesting that he doesn't live on either Hayes or McKinley. I have attached pictures showing that Mr. Collette returned to his "regular parking spot" on the paper street adjacent to McKinley Road on Saturday afternoon, May 29. You will note from these Pictures that he checked his oil, added oil to his truck and used some kind of a chemicel spray. Mr. Collette is the father of the owner of 1 McKinley Road, Cynthia Theriault. Not only does he use this area for vehicle maintenance, but also for long term vehicle storage while he winters in Florida. (He does not have a resident sticker on the vehicle, as he is not a resident of this area.) In addition, approximately three summers ago, Mr. Collette and/or his son started the parking precedent by leaving his unattached bobcat and trailer on the paper street adjacent to McKinley Road. While the equipment was parked here, there were modifications made to the grade of the land, which abuts conservation land. I also wonder if anyone from City offices came to Hayes Road at any other time, namely when Mr. Collette's vehicle remained parked for extended periods? Is the boat that has been moored on the "paper" street adjacent to McKinley Road in violation of any regulations as well? The owner of this boat moored it there approximately three winters ago,and it has not moved since. It is very fortunate for the boat owner that he removed his own trailer from the "paper"street adjacent to McKinley Road approximately 10 days ago, but he left behind all the wood that was on the trailer on the conservation land (photos attached). Are the homeowners at 1 McKinley Road paying appropriate taxes for the city land which they have taken as an extension of their own property? After viewing this property on the City's parcel map (ID 22-0002-0), it appears that they have appropriated much of the City's land for their own use beyond boat mooring (possibly on conservation land as well), including putting up partial fencing in the back/side,as well as a shed, rock garden,jungle gym and annually portable bathrooms are delivered for their end of summer event. Additionally, the owner of the moored boat also has a swimming pool in plain view of Hayes Road. Are there regulations regarding pool safety for Salem? Specifically, does there need to be fencing around the pool or home; currently there is none. I would also like to know minimum requirements for pool placement adjacent to a dwelling and property lines (see attached photos). I am curious about dumping regulations. If you wander down the"paper" street adjacent to McKinley Road not only will you find composting yard waste, but the remains of a cement patio which was broken up and dumped there as well (most likely on conservation land). My final question regarding City regulations would be clarification on burning leaves in your own backyard—this happens at 1 McKinley as well. Prior to May 27, we have chosen to look the other way as many neighbors have used the "paper"street adjacent to McKinley Road for their own purposes. It seems that this issue was brought forth by someone who feels their private, tax-exempt parking lot has been invaded. My wife called your office on May 27 to ask about the situation, but she has not heard back from anyone. I look forward to hearing from you soon regarding the above issues. Thank you for your time. cc: J. O'Keefe, Ward 7 Jason Silva Officer Mike Paige Lt. 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A' 7M, .�'�'#t, r �i� ,i Yr t i�4 �,�JJ� pia v 'r ag '4v"•M�yx+s r'�.4-vA+'vt� w?��,�pY�'�,iy,.'"`i4y; ,�•1`� 4 Y, �: 'k ? 'l N« y"d� y.¢ ��sg¢4r4� ` � :r`^�� kF,. h �J i C i'/I�iT4 P' ft :.,�,�t3+:ka�'" �a.�:. ',:� .�_. �'a'�x::., @ ..�x�..�5. �kx Cyn�;az.�:'•+E°P,U."��artl'tY „tk���k r, �." �.4 wpy 'ter" ■ �i4 i ■ .r CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOM.SS ST.PIERRE DIRECTOR ORPUBLIC PROPERTY/BUILDING COMMISSIONER May 27, 2010 Steven Mullins 10 Hayes Road Salem Ma. 01970 Dear Mr.Mullins, This Department as well as Salem Police, have received complaints about a landscaping business being run from your property. In addition,the complaint includes the parking of commercial vehicles on the paper street adjacent to McKinley Road. Your property is located in a residential single family homes. Running a landscaping business is not an allowed use(section 3- Salem Zoning Regulations) in the residential district. You are directed to cease and desist running the landscaping business from your property. Continued violations will result in Municipal Code tickets and further enforcement action. If you feel you are aggrieved by this order, your Appeal is to the Zoning Board of Appeals.. You are further directed to stop parking Commercial vehicles on the paper street. Salem Ordinance 24-21.1 allows an owner of residential property to park one truck less than 10,000 G.V.W which has not been decorated with letters or signage greater than that required by the D.O.T on any paved area on which the owner of the vehicle resides. I have enclosed a copy of this ordinance for you to review. Continued violations of this section will result in daily fines of $50.00. If you have any questions, please contact me directly Tho s St.Pierre T 04 ho Building Commissioner/Director of Inspectional Services cc. Jason Silva,Officer Mike Paige,Lt Preczewski,Councilor O,Keefe OFFENSES AND MISCELLANEOUS PROVISIONS §24-21.1 15 days. If such vehicle, trailer or boat which has (d) Any person violating this section shall be been abandoned or discarded, and the vehicle, punished by a fine of$50.00. Each day the viola- trailer or boat has been posted and recorded as tion continues after a conviction shall constitute a being on the property for at least 15 days, the separate offense. owner of the vehicle, trailer or boat or the owner '1 (Code 1973, § 16-24) of the property shall be ordered in writing by the / authority having jurisdiction, namely the police Sec. 24.21.1. Keeping of trailers, commer- and fire departments, to immediately remove tial and recreational vehicles, such vehicle, trailer or boat from the property, etc. unless any one of the following conditions has No person shall park, store, keep or leave, or been fulfilled: allow that there be parked, stored, kept, or left any trailer, commercial or recreational vehicle of (1) Such vehicle, trailer or boat is registered any kind within the city,upon private property or in the commonwealth or in any other within a residential district, unless said trailer, state and also has displayed thereon a commercial or recreational vehicle is registered to valid windshield inspection sticker, so the owner who resides at the property where it is called, as required by M.G.L.A.c. 90, §7A to be stored and in accordance with the following for vehicles,and M.G.L.A.c.90B for boats provisions: or by the laws of the state registration. (1) Recreational equipment shall not be stored in any residential districts, other than in (2) Such vehicle, trailer boat is contained a carport or enclosed building, or behind in an enclosed buildingg or otherwise out of the building line of the principal building. the view of the public or of abutters. If stored outside behind the principal build- ing, the recreational equipment shall be (3) Alicense has been granted under M.G.L.A. placed no closer than ten feet from any lot c. 140 in connection with the motor vehi- line or within five feet of any building on cle business or junk business. the lot,any registered motor home may be parked on any paved area of the premises (b) Any person wishing to park,store,keep,or on which the owner resides. leave one such vehicle,trailer, or boat in excess of (2) Commercial vehicles and pieces of equip- 15 days must first apply for and obtain written ment belonging to contractors providing approval from the chief of police or fire chief or services to the premises may be parked their authorized designees. Such approval shall outside only while such services are being not exceed one calendar year(365 days);however, actively performed. upon reapplication, the chief of police or the fire chief or his authorized designee may reissue such (3) Each owner of a residential property may approval for an additional calendar year. have one registered truck, van or camper of less than 10,000 pounds manufacture GVW rating, which has not been deco- (c) Any person aggrieved by a denial of the rated with letters or signage greater than chief of police or the fire chief for approval to store that required by the United States Depart- such a vehicle, trailer or boat in excess of 15 days ment of Transportation or the Massachu- or any person wishing to store two or more such setts Registry of Motor Vehicles parked on vehicles, trailers or boats for any length of time any paved area of the premises on which may seek approval from the city council by filing the owner resides. a written request in the office of the city clerk. If the city council renders a denial to the request, it The inspector of buildings is charged with the shall order the authority having jurisdiction(police/ enforcement of this section, unless the special fire) to have the vehicle, trailer, boat removed permit granting authority grants a waiver. Lupp. he property. (Ord. of 11-20-2003, § 1) o. 7 CD24:7 SECTIONSENDER: COMPLETE THIS � ■ Completeltems 1,2,and 3.Also complete A Signet @em 4 if Restricted Delivery is desired. ❑Agents� ■ Print your name and address on the reverse X ares see so that we can return the card to you. B. Receiv by(Prin Name) C. D� of Delivery ■ Attach this card to the back of the mailpiece, �l A (I f i �� /�O or on the front if space permits. y / D. Is delivery address different from Rem 17 ❑Yes 1. Article Addressed to: 1 N YES,enter delivery address below: ❑No aj 3, Service Type 40 Vj, � ❑Certified Mall ❑Express Mail ❑Registered 13.Return Receipt for Merchandise ❑Insured Mall 17 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number - - - mmsfer from service labeq' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICEhtrsFGkySS'#ep bS`Pa9� 6 aid • Sender: Please print your name, address ani`w h'{til�w'°`" s` 0,=6 q6 lab a:, 1lin�l,IIIl�L,L�Illhni,IIIII�LiI��LId�hI=FLL�i��Ll