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50-52 HIGHLAND AVENUE - BUILDING INSPECTION � �r 50-52 Highland Ave. �_i Scott Rocheville r 56 Highland Avenue , Salem MA 019 70-2150 Thomas J. St. Pierre Inspectional Services Director 120 Washington Street 3rd Floor Salem MA 01970 April 13, 2010 Mr. St. Pierre, I understand that your office is tasked with ensuring the compliance throughout the city with the numerous zoning regulations and ordinances. I am hoping that you or someone from your office will interpret and explain the regulations and ordinances as they apply to the property located at -52-H- ighland.Avenue. With your assistance I hope to determine if the purposes for which this building is currently being used are,allowable based on.the-city's zoning ordinance and building code. This building is located adjacent to my property and there is a high volume of pedestrian and vehicular traffic coming and going to/from it. From what I have been able to determine on the city's website,the building is zoned R2. I believe there are,no less then, 4 residential units and 2 businesses operating at this time. If the building is being used outside of purposes permitted as set forth in the Table of Principle and Accessory Use Regulations, I would like to obtain copies of any/all special permits issued by the Zoning Board of Appeals, the Planning Board and/or any other City Board or Office for that address. Additionally, I have enclosed a photo of a piece of machinery that is being stored on the properties of 42-44 & 46-48 Highland Avenue. The machine has been on these properties since I purchased my property in 2008. Would you please determine if it is permissible to store this type of commercial machinery in this neighborhood. Thank you in advance for your,time and attention to this matter. Scott M. Rocheville M1� � . 5 « \ «� ¢- \ �� _ - � - �� CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIM6E111-EY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,VGISSAC4IUSE'1'1'S 01970 TEL:978-745-9595 ♦ FAX 978-740-9846 REQUIRED INSPECTION PROPERTY ADDRESS 50-52 Highland Avenue August 18, 2010 Cppy Mr. George J. Hoxha 52 Highland Avenue Salem, Ma. 01970 Dear Mr. Hoxha, I performed a walk-through inspection of your property on August 16 and determined that the occupancy is 3 apartments and one commercial enterprise in conformance with occupancy records in this office. Thank you for your cooperation in arranging access to all the apartments and the commercial space. Si e ely, T mas E. McGrath AIA. Assistant Building Inspector/Local Inspector cc: file, Attorney Donald Conn ` CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON$TRP.1:T* SALEM,MASSACI'IUSPfffS 01970 TFeL:978-745-9595 ♦ PAs:978-740-9846 July 21, 2010 Mr. Donald Conn Esq. 34 Main Street Peabody, Ma 01960 RE: 50-52 Highland Avenue Dear Mr. Conn, I received your letter of July 19 regarding the above property. I remember looking up our records and discussing the legal occupancy of the property which is for 3 residential and one commercial unit, I was not asked verbally or in writing to investigate more fully how the property is actually being occupied. I did visit the property yesterday but did not gain admittance. There are 4 mailboxes with residential addresses and 1 mail box for a Nail Salon (which was not open). I am sending a registered letter to the owner of the property requesting access to conduct an inspection under the provisions of 780 CMR, Section 115.6, the State Building Code. If the actual occupancy differs from the legal occupancy, we will require that the building be brought into compliance not only with the Zoning Ordinance, but also with the Building Code. Sincerely, Thomas E. McGrath AIA. Assistant Building Inspector/Local Inspector CC: file 07/19/10 MON 13:58 FAX 19785314895 SMERCZYNS%I & CONN, P.C. 2001 Smerczynsid & Conn, P.C. 34 Main Street Peabody, Massachusetts 01960 tel:979-MI-1710+fax:978-531-4895 wwwsmercz nskiconn.00m Of Counsel don9sgwcisw cpm Donald Conn, Jr. Hon. Santo J. Ruma (Ret) le Michael T. Smerozynski canto@scoclawcom mike scvclew.cvm Edward A Bettencourt Jr. ted'dac I w.cvm Arthur J. Frawley, Jr. erthuY�seoelew cam FACSIMILE TRANSMISSION To PRunr Tho=s McGrath, Donald L.Conn,ix. Building Inspector cDMPANY: OA1F,: City of Salem JULY 19,2010 FAX NUM8I1.11' 'I'OTAI,NO.of PACES TNM UDING(:OVER: (978) 740-9846 LC' ' CC FAx NUMBL^'n! YOUR It P,Pp,RBNCG NUMBER: ❑ Urgent ❑For Review ❑Please Comment ❑ Please Reply ❑ Please Recycle N t)TI!ti/CO MMb.N'I;S Please see attached from Donald L. Conn, Jr., Esq. I "I"HE INFORMATION CON"FAMED M"PHIS MESSAGE IS INTENDED ONLY FOR THC PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION,AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL, IF THE READER OF THIS MESSAGE.IS NOT THE INTENDED RECIPIENT OR AN AGFNT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT,YOU ARE THEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINA'T'ION.DISTRIBUTION,OR COPYING OF THIS MESSAGE IS STRICI'LV PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICA'I ION IN ERROR,PLEASE NOTIFY THIS OFFICE IMMEDIATEI,Y BY TCLCPHONE AND RETURN THE TRANSMITTED MESSAGE TO US BY MAIL. THANK YOU. I i I I 07/19/10 MON 13:58 FAX 19785314895 SMERCZYNSKI & CONN, P.C. 2002 Smerczynsld & Conn, P.C. 34 Main Street Poaba I dy, Massachusetts 01960 tel:978-531-1710*fax,979-531-4995 I www.smerczvnskieonn com I Donald L. Conn, Jr, 9f Counsel donZascQcla�.cam Hon. Santo J. Ruma (Ret.) Michael T. Smercz ynski sonto�ac olawcRm m�kePa;n claw.coni Edward A. Bettenco urt, Jr. ted(�;cpg4 w com Arthur J. Frawley. Jr, a rth u rGy�c o c I a w.c nm July 19, 2010 Via Facsimile and U.S. Mail (978) 740-9846 City of Salem Public Property Department 120 Washington Street Salem, MA 01970 ATTN: Thomas McGrath, Assistant Building Inspector Dear Mr. McGrath: i Please be advised that our office represents Scott Rocheville owner of 56-58 Highland Avenue, Salem, Massachusetts. On June 4, 201 Santo Ruma of our office met with you and determined that the property located at 50-52 Highland Avenue,which abuts the Rocheville property, is allowed to have three (3)residential and one (1)commercial use. It appears that there may be multiple commercial uses and at least three residential uses at the Property. IT is my understanding that my client, both in writing and verbally, has requested that you investigate to determine whether said property is in compliance with the Zoning Ordinances of the City of Salem. Kindly advise me as to the status of your investigation. Very truly yours, oz- `'� Donald L. Conn, Jr. Cc: Mr. Scott Rocheville I I I Ctu of *1em, 4-Eassucilm etts 4 s Pnttra of �trpenl OCT 40 3q CITY or" S!:L- CL E`,mc oF`!Cc DECISION ON THE PETITION_OF MAXINE BOCK FOR A SPECIAL PERMIT ATt50-52"HIGHLAND AVE:"% (R-2) A hearing on this petition was held September 21,1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Albert Hill. 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. Petitioner, owner of the property, is requesting a Special Permit to allow professional office at 50-52 Highland Ave. Property is located in the R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 sought to offer the professional services of her husband, Martin Bock, as an acupuncturist licensed by the Massachusetts Board of Medicine, in their home at 50-52 Highland Avenue. 2. Petitioner represented that all acupuncture services will be offered during normal business hours of 9:00 to 5:00 weekdays. 3. Petitioner further represented that patients will enter the petitioner's home through a door on the Highland Avenue side of the building. DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page two 4. Any signage on the structure will be designed in cooperation with the Planning Department's ECOD Sign Committee, in accordance t requirements of the Entrance Corridor Overlay Zone Ordin c 14 jx, `eh„ C(Tv n: o}f On the basis of the above findings of fact, and on the eviden�e ,I{resegt # �� the Board of Appeal concludes as follows: "'''^ Or-FjCF 1. The Special Permit requested can 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 3. Petitioner shall obtain a building permit prior to starting construction. 4. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. 6. Approval of the City of Salem Entrance Corridor Overlay District (ECOD) be obtained for any signage. Special Permit Granted September 21, 1994 Nina V. Cohen, Member Board of appeal DECISION ON THE PETITION OF MARINE BOCK FOR SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BAM AAD fiSICI 54 CLERK C{TY ` ;.4.F =. MASS Appeal from this decision, if any, shall be made pursuant to Section 17 of 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 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 elapsed 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's Certificate of Title. Board of Appeal 4 y.00NGIT1 �� of "Salieni, flAass .Y!~hus-CftB $ b Vu&lic Prilper#V cBPpartmen# s l� \9A6�lMiN'�'�S~ l 11S11�T1S1� �Pp£TrfnSPItt William H. Munroe One Salem Green 745-0213 i December 6, 1985 Mr. And Mrs, Jay A. Lynch 53 Beach Street ° Marblehead, MA 01945 RE: . 50-52 Highland Ave. , Salem, MA Dear Mr. and Mrs. Lynch My visit to the above property in Salem on November 4, 1985, at 3:00 P.M. at which time Mrs. Lynch escorted me thru the entire dwelling indicated to me that the occupancy appeared to be of a legal nature, in that no more than three (3) people afe in residence in any one (1) apartment of this three (3) apartment building. As was obvious on the third (3) floor attic, the right side is being used as bedrooms and is in violation of your tenant and owner agreement as indicated by you. This use is not allowed by this office. Please see to it that this third (3) floor attic is vacated immediately. If we maybe of any help in the future feel free to contact us. j Thank eing7ri�ecti Ed a As t r EJP/jdg c.c. : Mr. Mroz, Mayor's Aide City Clerk Fire Prevention Health Department Councillor O'Leary Councillor Grace (situ of idem, :fflttssac4usetts � fro Public Prn}terttl Department Nuilbing Department (One Salem 06reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22, 1993 TO WHOM IT MAY CONCERN RE: 50-52 Highland Ave. (R-2) Please be advised that the records on file in this office indicate the above referenced property is a lawful nonconforming three (3) family dwelling plus business and is located in a Residential Two (2) Family district and said use as a three (3) family plus business may continue. This is to determine use only and in no way is meant to confirm or deny whether said property conforms to all building, electrical, gas, plumbing, fire or health codes. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor Harvey, Ward 2 I (9i#V of �$aleni, Cassar4usefts � a �ublic �rnper#g �e�ttr#men# '�Jgco/nme oo+°R�^ p1nlbinq 7�.t�rpartmen# fWilliam H. Munroe One Salem Green 745-0213 November 27, 1985 Mr. & Mrs. Jay A. Lynch 53 Beach Street Marblehead, Ma. 01945 RE:U50 - 52 Highland Ave. Salem, Ma. Dear Mr. & Mrs. Lynch, , 9 There is some concern by this department and the Abuttors of the property you own on Highland Avenue. It appears that the number of occupants has increased to the extent that a nuisance has been created. Please contact this office so that this matter can be resolved. Thank you, William 11.Munroe Inspector of Buildings WHM:hmc cc: City Clerk Mr: Louis C. Mroz Councillor Frances Grace a y.tONOIT� to of $a1em, �(��/✓(�Y�4h.V�4�rV 6 ! VVV 3 Public Priyerrig Peparf newt Puildntu M ryartment. William H. Munroe l One Salem Green 745-0213 December 6, 1985 Mr. And Mrs. Jay A. Lynch , 53 Beach Street • Marblehead, MA 01945 RE: - 50-52 Highland Ave. , Salem, MA Dear Mr. and Mrs. Lynch My visit to the above property in Salem on November 4, 1985, at 3:00 P.M. at which time Mrs. Lynch escorted me thru the entire dwelling indicated to me that the occupancy appeared to be of a legal nature, in that no more than three (3) people aYe in residence in any one (1) apartment of this three (3) apartment building. As was obvious on the third (3) floor attic, the right side is being used as bedrooms and is in violation of your tenant and owner agreement as indicated by you. This use is not allowed by this office. ,. Please see to it that this third (3) floor attic is vacated immediately. If we maybe of any help in the future feel free to contact us. JThank You, 4Ast J. Pa uin Bui inghector EJP/jdg c.c. : Mr. Mroz, Mayor's Aide City Clerk Fire Prevention Health Department Councillor O'Leary Councillor Grace Chi#u of t*ttlem, filassac4usetts Public Propertil Department �? Guilbing Elepartment (Ont Oulem (6rttn 508-745-9595 F-0. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22, 1993 TO WHOM IT MAY CONCERN RE: 50-52 Highland Ave. (R-2) Please be advised that the records on file in this office indicate the above referenced property is a lawful nonconforming three (3) family dwelling plus business and is located in a Residential Two (2) Family district and said use as a three (3) family plus business may continue. This is to determine use only and in no way is meant to confirm or deny whether said property conforms to all building, electrical, gas, plumbing, fire or health codes. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor Harvey, Ward 2 I Tito of *a1cm, massar4usetts i , r Public Propertq Department .�` Nuilbing Department (one Belem (green 588-7,15-9595 ;Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22, 1993 TO WHOM IT MAY CONCERN RE: 50-52 Highland Ave. (R-2) Please be advised that the records on file in this office indicate the above referenced property is a lawful nonconforming three (3) family dwelling plus business and is located in a Residential Two (2) Family district and said use as a three (3) family plus business may continue. This istodetermine use only and in no way is meant to confirm or deny whether said property conforms to all building, electrical, gas, plumbing, fire or health codes. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor Harvey, Ward 2 P 443 509 271 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and No. P.O.,State end,11ZIP Code ` w. n� O i Postage $ Certified Fee Special Devery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, N Date,and Address of Delivery m TOTAL Postage and Fees $' G a Postmark or Date w C 0 m m `1 P. ST1i:11POSTAGESTAMPS TO ARTICLE TO COW_R FIRST CLASS POSTAGE, CERTIFIED HAIL FLEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.pse 1.lf youwantthis receipt postmarked,stick the gummed stub on the left portion of the address side of the article laaNng the receipt attschad and presew the article at a post office servlce window or - hand it to your rural carrier,(no extra charge) 2 H you do not want this-receipt postmarked stick that/ummed stub oh the left portion of the address side of the article,date,detach and retain the recelpt,and mag the article. 3.If,mu want a return receipt,write the certified-mail number and your name and address on s ratutn receipt card,Form 3811,and attach ittothefrontofthe articlebymeans ofthegummodands H space permits.Otherwise,ef(Dc to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent td the number. 4.If you went darNery restricted to the addressee,or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. &Enter fees for the services requested in the appropriate spaces on the front of this recalpL H return receipt Is requested,check the applicable blocks In hem 1 of Form 3811. fl.Says this receipt and present it H you make Inquiry. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front( 1. II you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article 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. It you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side 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 permits.Otherwise,affix . to back 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. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 154 217 417 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr. & Mrs, Jay A. Lynch scree�aJndTMOach Street W P.O.,State and ZIP Code o_ Marblehead, r d Postage $ � N « Certified Fee Y• Special Delivery Fee Restricted Delivery Fee P. Return Receipt Showing C to whom and Date Delivered tp Return receipt showing to whom, m Date,and Address of Delivery A TOTAL Postage and Fees $ µ 1.67 cPostmark or Date November 27, 1985 'o LL N a * SENDER: complete Items 1,2,3 and 4. Q Put your address in the"RETURN TO' space on me 3 reverse side. Failure to do this will prevent this carp from t�. being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are C` available.Consult postmaster for fees and checs boxlesl .� for service(s)requested M t ® Show to whom date and address of delivery W 2 ❑ Restricted Delivery V tb 3 Article Addressed to Mr. & Mrs. Jay A. Lynch 53 Beach Street o Marblehead, Ma. 01945 r N 4. Type of ServiceArticle Number x r- ❑ Registered ❑ Insured ].. Certified ❑ COD P 154 217 417 Express Mail IL Always obtain signature of addressee Q agent ano DA EDE IVERED. _ C 5 S gnatu Addr 3 x 2� y 6 Si atur nt 1 ry X, 9 7 Datd of Delivery In 1 C W s Addressee's Address(oNLPifrequested annifeePat z m n m , 9 t 1 UNITEMMES POSTAL SERVICE I It II OPRCIAL BUSINESS SENDER INSTRUCTIONS pr youreloname,address;and ZIP Code in the space bw. • Complete items 1,2,3,and 4 on the reverse. •'Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,s300 • Endorse article"Return Receipt Requested" adjacent to number. REITURN TO Building Department (Name of Sender) One Salem Green (No.and Street,Apt,Suite,P.O. Box or R.D.No.) Salem. Ma. 01970 (City,State,and ZIP Code)