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416 LAFAYETTE STREET - BUILDING INSPECTION 416 LAFAYETTE STREET CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 0149'qWVW1V1 120 WASHINGTON STREET,3"°FLOOR TEL. (978) 745-9595 FAX (978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER September 24,2008 R.E :416 Lafayette Street Fabio Bardini 416 Lafayette Street Salem Ma.01970 Mr. Bardini, This department has received a complaint regarding the hedges in front of your building.This issue has come up several times before. The encroachment onto the sidewalk is a violation of City of Salem Ordinance 38-9. You are directed to remove the hedges back to your property line ,so that the sidewalk is completely clear, within 15 days of receipt of this notice. Failure to comply will result in Daily tickets of$50 per day. If you have any questions, please contact me directly. Tho s St.Pierre��,� ) ��� Building Commissioner/Director of Inspectional Services cc. Jason Silva, Councilor O,Keefe, Richard Rennard UNITED STATES POSTA $ VI E _) E--Sfl - • Sender: Please print your name, address, and Z]04-4 err IRIS box• "` �z� 111,111111111:1 It I I 11111Mr1„1.1,,,;,1„31,;,;,all t,,,,i,11 Y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Rem 4 if Restricted Delivery Is desired. V E3 Agent S' re ■ Print your name and address on the reverse X ❑Addressee so that we Can return the card to you. r g, elved by(Prin N e) C. to livery ■ Attach this card to the back of the mallpiece, ya/�n/� or on the front if space permits. ""� ' u l �4 a 1. Article Addressed to: D. Is delivery address different from Rem 1? ❑Yes If YES,enter delivery address below: ❑ No HeSfi� M - 3. Service Type S.'✓•;���/Y`-! , ` "l ❑certitted Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I , (Im' sfer from service Iabeo PS Form 3811,February,2004 Domestic Return Receipt 102595-02-M-1540 { CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMUERLEY DRISCOLL MAYOR 120WASHINGTON SIREEY'+ SALEM,MASSACHOS E'PPS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 416 Lafayette Street Sept 5, 2007 Fabio Bardini 416 Lafayette Street Salem Ma. 01970 Dear Owner; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: City of salem Ordinance 38-9 Obstruction of sidewalk with shrubbery. I have enclosed a copy of the Ordinance for you to review. The bushes are causing school age children to walk out onto a busy main street. Said violations must begin to be corrected, repaired, and/or brought into compliance within 7 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including fines and the filing of complaints at District Court. If you have any questions regarding this letter,please contact the Building Inspectors Office at(978) 745-9595, extension 5640. Since y, gh°Q Thomas J. St. Pierre Director of Inspectional Services/Building Commissioner CC: file, Jason Silva,Mayors Office, Councilor O,Keefe SALEM CODE with the numbers affixed thereto sidewalk, street or highway any article, material shall also be placed at the entrance or merchandise or park a vehicle or cart in any to the driveway leading to the house, sidewalk, street or highway for the purpose of building or structure. displaying merchandise unless a permit issued by the city council, for city ways, or by the depart- ' (c) Any person found not to be in compliance ment of public works, for state highways, autho- with this section shall be liable to pay a fine not to rizing the use of the sidewalk, street or highway, exceed $20.00 for each violation. A separate of- has been granted and is in effect, except as may fense shall be deemed committed on each day be necessaryfor the reasonable and expeditious during or on which a violation occurs or contin- loading or unloading of any such article,material, ues.All building,fine,electrical,or health inspec- merchandise, cart or vehicle; provided, however, tors or their designees,in addition to police officers, that such property shall never be left so as to shall be enforcing persons for this section. obstruct the free passage of pedestrians or vehic- (Code 1973, § 26-5) Ular travel. State law reference—Authority to require the number- ing of buildings,M.G.L.A c.40,¢21(10). (c) Any such fixture, structure, or property referred to in this section which has been erected, Sec. 38.6. Encroachments generally. placed or left illegally in any street, highway or No person shall erect or cause to be erected any sidewalk may be moved by or under the direction of an officer and at the owner's expense. fence or building on the line of any,street without first ascertaining the bounds of the street from (d) The city council or officers issuing permits the director of public services. If any encroach- for such use of sidewalks, streets or highways as meat shall be made upon any street and the are described in subsection(a)of this section may person making it neglects or refuses to remove in its discretion when occasion justifies demand a the encroachment, the director of public services suitable cash deposit,,surety bond or insurance i shall cause the person so offending to be prose- indemnity policy to save the city or the common- cuted for such offense. wealth harmless from all;liability of any nature (Code 1973, § 26-6) whatsoever caused directly or indirectly by such State lawreftrenee—R alofmmachments,M.G.LA use of-dwaidewalk,,stre,4or highway. c.86,¢3 et wq• (Code 1973, §§26-7, 26-8) Sec. 3&7. Obstructions. Sec. 38-8. Obstructing sidewalks with arti- (a) No person shall place, erect or cause to be I cles. placed or erected within any sidewalk, street or No person shall place or cause to be placed highway any fixture or structure unless a permit upon any sidewalk any lumber, iron, coal, trunk, issued by the city council,for city ways,or by the bale,box,crate,cask,package,article or anything department of public works of the commonwealth whatsoever so as to obstruct passagefor travelers for state highways,authorizing such placement or for more than 15 minutes. erection has been granted and is in effect. When (Code 1973, § 26-9) any obstruction referred to in this subsection is in connection with any building construction or re- Sec. 38.9. Obstructions by shrubbery. pair,the permit shall be issued by the inspector of buildings,when such obstruction is on a city way. No tenant,occupant,or owner having the care Such permit shall also bear the approval of the of any building or lot of land bordering on any director of public services. street, lane,court, square, or public place within the city shall allow any bushes,shrubbery,or any. (b) No person, other than one employed di- other form of plant growth to obstruct the safe rectly or indirectly by this city or by the common- passage of any pedestrian on any such street, wealth and while in the performance of necessary lane, court, square, or public place. duties, shall at any time place or leave in any (Code 1973; § 26-9.1) CD38:6 TJtg of 0�slem, Massar4usttta rc Office of the (Mg Touocil "��Mnve Wtg Bull COUNCILLORS-AT-LARGE SARAH M. HAYES WARD COUNCILLORS PRESIDENT DEBORAH E. BURKINSHAW 1995 1995 CITY CLERK GEORGE A.AHMED WILLIAM RUSSELL BURNS,JR. KEVIN R.HARVEY GEORGE P.McCABE JOHNJ.DONAHUE JANE STIRGWOLT July 1 10 1995 LEONARD F O'LEARY STANLEY J.USOVICZ,JR. DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BLA,R Mr. Leo Tremblay Zoning Enforcement Officer City of Salem Salem, MA 01970 RE : 416 Lafayette Street Dear Leo: Please be aware that there may soon be permit applications requested for the property located at 416 Lafayette Street. As you know, this is a single family unit, (located in an R-1 residential neighborhood) . Would you immediately notify me when anyone contacts you, or your office, for permits to do any type of work in this home. I believe any other use, other than residential, would require a zoning change. Thank you for your attention to the above matter. Very truly yours, MARK E. BLAIR COUNCILLOR WARD SEVEN Copy: Electrical Department Fire Prevention Gas & Plumbing Inspector Water Department December 7, 1992 Dear Mark: It has been brought to our attention that the Board of Trustees at Salem State College voted to use the Lyness House at 416 Lafayette Street, in an R-1 district, as offices for the college. There are two points that need to be cleared up. Number 1 : The property is owned by the Salem State College Foundation, a Private Foundation whose sole purpose is to raise money for Salem State College . The Foundation purchased the house from Jane Lyness for $540, 000, and still has a $435 , 000 mortgage on the property. Because it is a PRIVATE Foundation, it has to abide by the City ' s zoning laws : In an' R-1 district, the ,only use for this property is a private residence. If the Trustees of the College voted to use this house for offices did they go before the Board of Appeals, or to the Building Inspector for a variance to use this house for offices? If so, why were we as abutters not notified of a hearing? If not, they should certainly be informed by the various necessary City authorities that a Variance is required and a hearing must take place . See Section V ( 1 ) , since a Special Permit will not suffice, See Section V ( 1 ) (a) Number 2 : If the college now claims ownership of the property, how were they able to do so with such a mortgage and without public record? It was our understanding, that until the house was mortgage free, the college could not accept it from the foundation. Which brings up a serious situation in these hard economic times . Since the Foundation ' s only function is to raise money for Salem State, it would seem that with student fees rising constantly and a serious lack of enough professors for its teaching staff, the foundation needs to explain how it is justified in keeping a piece of property, that they had agreed in writing to sell and to use all of its financial assets, to slap the City and its residents in the face one more time by destroying a lovely residence in a lovely neighborhood. The College claims publicly to be a good neighbor. We are finding this very difficult to believe . The overpopulation of the college and its accompanying car population is causing a serious strain on Ward 7 and the corridors in and out of our City. If there is money to be used, and Salem State is our good neighbor as they claim, why is the money not going to solve the parking problem, as they also promised to do? They had discussed a second tier on the complex parking lot, but claimed there was no money for this project . There is also a large parking space for sale behind Alyce ' s Ice Cream Stand. Is there also no money to purchase that? They had proven that there was ample space within the campus itself for office space and even spent money on a feasibility study to find much extra space, but said they had no money to remodel . Let ' s put our cards on the table . Salem State occupies the better part of Ward Seven. We the residents, own less cars than the entire student population, but we pay for road improvements, traffic studies and police enforcement through our residential taxes . Yet the College continually turns its back on us - or worse they boldly proceed with their agenda as if we did not exist. We all realize the valuable role that Salem State plays in the education of our youth. We value its place in our community for its wonderful enrichment programs as well . But we are being strangled by the uncaring and purely selfish way that the College Foundation and Board of Trustees proceed in its quest for "progress" . We in Ward Seven, particularly, are being denied our rights as taxpayers to live in our residential neighborhoods, according to residential rule. The only violators of our zoning laws appear to be College connected - 1 . The College itself, 2 . The students who park haphazardly in our neighborhoods and who congregate for Thursday night beer parties anywhere in our ward they decide to, until we complain loud enough to be heard and our tax paid police force has to clean up the mess . 3 . The absentee landlords who are purchasing as much property as they can in our ward and reducing the property to a slum in a matter of weeks, by not abiding by the zoning laws in reference to the number of people who can legally be housed in a unit . 4 . The "new breed" of S . S .C. students who litter our neighborhoods, turn over our rubbish barrels and destroy private property and trespass anywhere they "feel" like going. We are certainly left with only one recourse. And that is the Court system. If the City cannot uphold its zoning rules and makes exceptions for this large institution with total disregard for its tax paying members, then we as residents have only the Courts to fight for our rights . We will have to begin legal action against Salem State Foundation, Salem State College, the City, its Mayor, its zoning Board of Appeals, its Building Inspector and its Councillors, if we are not heard by our City right now. Mark, we need some answers now. Please tell us that the City cares . Please tell us that our taxes are being used to provide us with the services that the City laws were enacted to provide . We will be happy to gather the residents of Ward 7 together at City Hall or anywhere else. Maybe someone can explain why we always have to fight for our rights . Is this not the duty of City Government? We look forward to hearing from you very soon. Carole and Phil Moran 415 Lafayette Street Salem, MA 01970 cc : All Councillors Building Inspector Zoning Board of Appeals Mayor Abutters Nancy Harrington tab SECTION V GULATIONS U rmitted Us-3s p_C - p-1 Districts - Residential - Conservation ana 0^e-1^ esldential a, �et3ched single-family dewllings. b. Custoaary agricultural , horticultural , rthatand floricultural operations, provided (1 ) All the buildings combined shall nut occupy a g:'eater percentage of the lot area than t lised in Table I . (2) No storage of manure or odor or dust-Pro- ducing substance and no building in which farm animals are kept shall be permitted within one hundred ( 100) feat of any p ro- perty line. (3) No greenhouse heating plant shall be operated within fifty (50) feet of property line. (e) No products shall be publicly displayed or offered for sale from the roadside. c, \ursery , elementary , and secondary schools , public parks and playgrounds , and public libraries. d Churches and similar places of worship . e• Parish houses, convents and monasteries. f . Institutions of higher education . g. Public and private golf courses . h, private garages and other accessory uses and buildings , provided that such uses are cleay rl incidental to the principal use . All the baiidin�s on the .lot sha11 not occupy a Treater percentage of the lot area than listed in 'Cc_ole I . R-2 7,istricts - Two Family F.eside_itial. a, All uses permitted in R-C and i.-1. Di`sndlfloc' i- e.;cePt agricu]. t .ic"w1 ho: ticultu_al , cultur^1 operations • 1i,;o_f«<nily clv:ellin s detached or attached • o` not more than t:;o pe==o Rooming and boa-din, i9 SECTION V GULNTIONS ecial Permit uses - (See Section IX-D for Administration) rovided 'however, that if permission of the Board of S is obtained in accordance with procedure and con- s s:at forth in Section IX-D hereof , buildings and ores may- be constructed, altered, enlarged, recon- ed a.nd used, and land may be used for one or more of he follo;;ing pruposes: g-C and R-1 Districts - Residential Conservation and'. One-Family Residential a. Professional offices and other home occupations involving the use o-LO a room or rooms in a dwelling to carry on activities in which goods , wares, or merchandise are not :comnercially created or handled, provided that any such home ' occupation : (1) shall be operated entirely within a dwelling unit with no display visible from the streezu . (2) shall be operated only by the residents of the dwelling unit , with not more than one (1) regular employee not residin, in the dwelling unit . (3) shallze ot e of thedwellina unit . (4) shall display not more than one non- electric announcement sign of an area not square feet and attached greater than lit against the building and not protruding. therefrom. b. Marina c . Waterfront boat yards . d . waterfront yachts clubs . e. Outdoor sNjit,:!ing pools which do not conform with the requirements of Section VII , SuPP- 1Cment-,Lry Regulations , as amended in this ordinance . (6/ 1 /76) �5 4n Oef tp of Oaiem, Alaaacbuattg ail ` ;ro Public Propertp Mepartment Qg Nuilbing Mepartment One 6alem green 745-9595 aCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 25, 1991 Mark E. Blair Councillor, Ward 7 5 Fairview Avenue Salem, MA 01970 Dear Mark: As requested, we checked 416 Lafayette St. The property is rented by a Christine Coyne, age 39, and her son Tommy, age 15. Also living at the house is her boyfriend Michael DeGregorio, age 45 and two (2) boarders, Dennis McCarthy, age 45 and Michael McGrowen, age 21 , who works for the Town of Marblehead. Ms. Coyne is a Therapist and may do some work at the house, although no one was observed at either time Mr. Martineau visited the property. She was verbally advised that roomers and boarders are not permitted in this R-1 zone but, if you wish, we will follow up with a letter to make it official. A letter would go to both Ms. Coyne and the owner of the property. Regarding the Chicken Truck, it would appear the quickest solution would be to have the Police tag it. There is a little used space on the back of the Police Tickets that allow for the tagging of a vehicle displaying advertising. Please let me know how you wish to handle these matters. Sincerely, illi am H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT eYwet eo ivi�c GERARD KAVANAUGH _ � �:. ONE SALEM GREEN CITY PLANNER ` ,.i 01970 3 � f (508)745-9595, EXT.311 �ucL m'.v°'n February 1 , 1989 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Dear Bill : Over the past several months , the City has been working cooperatively with representatives of Salem State College, residents of Ward Seven, and Ward Seven Councillor Mark E. Blair_on_defi.ning_an appropriate use for the property located at(4 6 Lafayett.e._Street This property is currently owned by the Salem State College Foundation, and is located within an R-1 zoning district . A resolution to the building' s use has yet to be established, and, therefore, I would request that no building or occupancy permits be issued for a use other than single family occupancy. If you have any questions or concerns regarding this matter, please feel free to contact me. Thank you for your cooperation. Sincerely, innccerrelly, Gerard Kavanaugh City Planner C151 ;Z7 cc : President Rolando Bonachea - ca Salem State College � ti cern r BN1339 QW R 0ZZ Zg rn O 2 rr7 ZO Ti#g of Sttlem, rxssixclfixse##s �q Office of tlje CHU (founcil "r. fditg�$nll COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS 1992 PRESIDENT 1882 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.MCCABE CITY CLERK KEVIN R.HARVEY JANE STIRGWOLT VINCENT J.FURFARO STANLEY J.USOVICZ,JR. LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M.HAVES MARK E.BLAIR December 16, 1992 Mr . Leo Tremblay Zoning Enforcement Officer City of Salem Salam, MA 01970 Dear Leo: Enclosed is a letter from Carole and Philip Moran dated December. 7 , 1992 . Their concerns are with the use of the Lyness House at 416 Lafayette Street. The house is located in an R-1 district and is (if not already) to be used as offices for Salem Sate College. This house is not owned by Salem State College, but by a private foundation. I would like you to investigate the concerns of the enclosed letter and render a decision on any zoning violations that may or may not exist. Very truly yours, o � MARK E. BLAIR COUNCILLOR WARD SEVEN COPY: Mayor Harrington Carole & Philip Moran President SSC Nancy Harrington Board of Appeal December 17, 1992 Mark E. Blair, Councillor Ward Seven 5 Fairview Avenue Salem, MA 01970 RE: 416 Lafayette St. (R-1) Dear Mark: While making an on site inspection of the above referenced property I met a gentleman who identified himself as E. Edward Rossi, Project Manager, 16 Ames St. , Wakefield, Massachusetts 01880. He explained to me that all he is doing at this time is a feasibility study and an estimate of cost. When he completes his study it will be turned over to an architectural firm which will do architectural drawings and will, at that time, obtain all required approvals and permits. It is my opinion that no zoning violations exist at this time, I will make every effort to stay of top of this situation. If I can be of any further assistance, please do not hesitate to call. Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET:bms cc: Mayor Harrington Carole & Philip Moran President SSC Nancy Harrington Board of Appeal Titig of �ttiem, Massar4uoetto `' f'a Public PrnpertU Department s'F�h_�� +Nuilbing i9epartment (ane Snlem 05reen 508-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 17, 1992 Mark E. Blair, Councillor Ward Seven 5 Fairview Avenue Salem, MA 01970 RE: 416 Lafayette St. (R-1) Dear Mark: While making an on site inspection of the above referenced property I met a gentleman who identified himself as E. Edward Rossi, Project Manager, 16 Ames St. , Wakefield, Massachusetts 01880. He explained to me that all he is doing at this time is a feasibility study and an estimate of cost. When he completes his study it will be turned over to an architectural firm which will do architectural drawings and will, at that time, obtain all required approvals and permits. It is my opinion that no zoning violations exist at this time, I will make every effort to stay on top of this situation. If I can be of any further assistance, please do not hesitate to call. Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET:bms cc: Mayor Harrington Carole & Philip Moran President SSC Nancy Harrington Board of Appeal