56 ALMEDA STREET - ZBA (3) :5 lD r) St R ��
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'':?verett,Ma 02149 t ,
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RETURN
TO
Public Property Department
(Name of Sender)
1 Salem Green
(Street or P.O. Box)
Salem,Ma 01970
(City,Statia, and ZIP Code)
c ►'
OF pppEALS COPY FOR YOUR
fi
INFORMATION
A�A�N
GrIYF.O
MICHAEL E.0'BRIEN CITY OF SA 1;
$��� ,;1 $S. -
CITY SOLICITOR MASSACH& S MARY P. HARRINGTON
93 WASHINGTON STREET ASSISTANT CITY SOLICITOR
and 93 WASHINGTON STREET
187 FEDERAL STREET and
SALEM,MA 01970 - 59 FEDERAL STREET
745-4311 SALEM,.MA 01970
7443383 7440350
Please Reply to 187 Federal Street - Please Reply to 59 Fede+al Street
February 17, .1984
Josephine R. Fusco, City Clerk.
City Hall
93 Washington Street
Salem., Massachusetts 01970
Re: Council Order. of February 9, 1984
(building at Almeida St./Hillside Ave.) —
Dear Madam Clerk:
Enclosed please find my response to the above inquiry by
the City Council. Kindly communicate the same by the last Coun-
cil meeting in March. (22nd) as per the Council's directive.
ery rul our
Michael E, O'Brien
MEO/Jp
Enclosure
cc: Hoard of Appeals
COPY FOR YOUR
INFORMATION
7'
s a
� Yy�
'd'O/NM6�
MICHAEL E.O'BRIEN CITY OF SALEM -
CITY SOLICITOR MASSACHUSETTS MARY P. HARRINGTON
93 WASHINGTON STREET ASSISTANT CITY SOLICITOR
' and - - - 93 WASHINGTON STREET
187 FEDERAL STREET and
SALEM,MA 01970 - 59 FEDERAL STREET
7454311 - - SALEM,MA 01970
7443363 7440350
Please Reply to 187 Federal Street - Please Reply to 59 Federat Street
February 17, 1984
Salem City Council
City Hall
93 Washington Street
Salem, Massachusetts 01970
Dear Ladies . and Gentlemen_
This letter is sent in response to your order adopted on
February 8, 1984 relative to the current status of the "three-
year temporary" permit for the cement storage building at the
corner of Almeida Street and Hillside Avenue. In responding to
the same, I have consulted with Ward 4 Councillor Leonard O'Leary
and examined the records at the Board of Appeals, the City Soli-
citor's Office, the Board of Assessors and the Essex County Super-
ior Court.
After receiving a narrative of the background of the sit-
uation from Councillor O'Leary, my examination reveals that on -
December 30, 1973, the Board of Appeals granted DiBiase Salem
Realty Trust a variance and/or special permit (the records are
unclear as to which) to construct a temporary storage building
at lot 56 Almeida Street. Said variance and/or special permit
was granted for a three-year period. On March 1, 1977, DiBiase
Salem Realty Trust petitioned the Board of Appeals for "an ex-
tension of the Special Permit"granted in 1973 and the records
of the Board reflect that this petition was denied. On March 29,
1977, DiBiase Salem Realty Trust filed a Complaint in Superior
Court (Docket #7985) pursuant to Massachusetts General Laws ,
Chapter 40A, Section 21 appealing the March 1, 1977 decision of
the Board of Appeals . A new hearing was held by the Board of
Appeals on May 17, 1977, on a new petition by DiBiase Salem
Realty Trust for a three-year extension of the variance granted
in 1973 and the records of the Board indicate the petition was
denied and the petitioner ordered to remove the building.
- 2 -
On June 29, 1577, DiBiase Salem Realty Trust filed another
Complaint in Essex County Superior Court (Docket #8747)pur-
suant to Massachusetts General Laws Chapter 40A, Section 21
appealing the May 17, 1977 decision of the Board of Appeals.
The records of the Superior Court indicate that both case
#7985 and #8747 were never tried and that on January 31, 1980
both cases were remanded back to the Board of Appeals for a
new hearing (copy enclosed) . The records of the Board of Ap-
Deals indicate that no new hearing was ever held and there
has been no action on the matter since January 31 , 1980.
I further examined the records of the Board of Assess-
ors which indicate the subject property is currently being
assessed by the City of Salem for $130,100.00 ($64, 000.00 land
and $66,100 .00 building) .
In summary, it appears that the matter of the "three-
year temporary permit is awaiting a new hearing by the Board
of Appeals .
I trust the above answers the question posed by your
Council Order. If not, I would be willing to meet with you
either collectively or individually to answer further.
9chael
ulyy:ouE.E. O'Brien'
City Solicitor
MEO/Jp
cc: Board of Appeals
q�.CoH� �aar�o A� t�r��.�t�
CITY OF SALEM
In City Council Feb. 9 1984
exrcs �`
Ordered:
That the Board of AonealS and the City Solicitor, notify in writing by the last
council meeting in March (22nd) the current status of the "three year temporary"
permit for the canent storage building at the corner of Arida St/and Hillside
Avenue _
In City Council February 9, 1984
Adopted
Approved by the _Mayor on February 13, 1984
ATTEST: JOSEPHINE R. FUSCO
CITY CLERK
COMMOKZALTH. OF MASSACHUSETTS'
i>g
ESSEX, SS: .. .r NUPERIOR COU
UGO DIBIASE AND ELIO DIBIASE
TRUSTEES CF THE SALEM REALTY
P, TRUST y .
VS. .
t
JCHN GRAY-, DONALD EAMES, DOUGLAS
I HOPPER, : JAMES . BOULGER, JANE LUNLREGAN,
WILLIAM ABBOTT, AND ARTHUR LABRECQUEV
AS THEY ARE MEMBERS OF THE BOARD OF
3 APPEALS OF THE CITY OF SALED.
s
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COMPLAINT
MAIL TO: 'PETER R. BEATRICE, JR. 9 ESQUIRE
6 BEACON STREET SUITE 800
i BOSTON, MASS. , 62108
' TEL: 427-6060
* 4, That :the, c..ourt awardoosts An. the plaintiffs
' Salem Realty Trust;
e
?. ....5, That the court make .such other order (pr , all,bI
ce c ee
as it deems ;meet and proper in the circumstances,
Y
SALLM EFALTOTRUST
by its' attorney ,
5.11
ye er R. Bea r. ce , jT:,
6 Beacon Street, Suite 800
BostoUl Mass, , 02108
Tel; 227-6060
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Plaintiffs are denied the usg sof their land »to protect
their property. .
9!+
10. The Plaintiffs say that the Board of Appeals has
to7 s
M, 'A
exceeded its' authority in that py 'failing to set forto' '
sufficient facts in its! written decision to support tj• -
its' decision; thereby" deniea ` thp plaintiffs due proQe44
."
`3 of law under both the gassaohusetts Q'ogstitution .agd
the United States .Cohstitutione ; '
.fy
11. The Plaintiffs say that the• $oard of Appeals ,
.,
exceeded its ' authority in that itV. written deeisionyi :. `
is unreasonable whimsical r cious a d arbitrary*
� � rea P i � .
12. The Plaintiffs say that the Board of Appeals x' ' M-,
of Salem has exceeded its' authority and being the result
thereof, the plaintiffs are aggrieved by the decision
of the Board of Appeals, ana<'appeal therefrom to the ' - r ;`
�M M
Superior. Court, as provided »in Massachusetts General v
z`
Laws 40A and Chapter 808 of the Acts of 19259 if it
be applicable.
WHEREFORE, the'"Plaintiffs say;
g 1. That the court hear ,all pertinent evidence and
determine the facts; e ,
i 2. '.That the court issue a decree annulling the
eecision, of the Board of Appeals; 9<"
3. That the Court issue a '.decree granting the
Special Peoi't as"petitioned ,by 'Ugo piBiase and Llio
.Ilio •t .. }ryV S
DiBiasea trustea3 of the Salam Realty Trust;
• 1
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sY u
'M1 H y= li fE S gFrr f '":tib
conditions and circumstances were toe same.'as when the
original special permit was grat}ted. �,y
8. That the plaintiffs say that the Board of
r
Appeals has further exceeded its! authority in that,'
they failed to comply with the requirements of' Generalh '
Laws, Chapter 40A as promulgated by Chapter 808 of
the acts of '1975 if . they .be; appllcable by 'failing to set
forth'"sufficient facts in its! written decision to
y support its', oecisioni in, that they failed to . specify
with any degree of particularity; T
I (a) How the proposed use 'would harm the surround�n� ti
4 neighborhood; ,.
(b) . In what way is the building not maintained
g
properly by' the owners;'
(c) They failed to specify in What way is there '
a lack' of maintenance of : saio building;
(d) They failed to specify as what are the
conditions that are aetrimeptal to the neighborhood;
(e) They. failed to `specify the. relationship ,
" between .lack of maintenance) if any, to the detriment
to the neighborhood.
9. ''The plaintiffs say that the Board of Appeals ''
has exceeded its' authority and has abused its
discretion and that as a result of said decision, the
g i
e_
r* i
filed in the. City of SalemAC erk' a Office on March 9,
1977 and a goy 'of said decision''is attached hereto '
and said,.decision no being appealed. Said decision bei g 4 `
marked. ',A" incorporated ,by reference- herein.
r , 5. The Locus,.of the property, and buildings thereoq
is'lot• 56 on Almeria .Street, Salem, an R-1 residential
single family zoning district* ' The site and 'surrounding #area are relatively undeveloped property which the
plaintiffs own .and for•,which there are no services ir'
for sewer, water or,.utilities, r'
, ,6, he plaintiffs say that prior to the construct.
T
Zion of the building and fence, within its property lines
as permitted by the Board of -Appeals. on December 20, "
1973, that the plaintiffs were constantly subjected to
the theft of building materials and,damage to their
equipment by vandalism. The present need for, the ,
building is the same as it was when' the special- permit
gt5yy) was granted and the circumstgnCes an4 conditions which
existed then are still existent
-at this time; that the
plaintiffs are developers and need this building for
security purposes. That other. houses in the :area are ::
quite a distance away from the property
'in question:' '
}` •: ,
7• The plaintiffs say that the Board of APpeals }
of the City of Salem exceeded it3I authority in denying
the plaintiffs an extension`of the', special permit in
that the evidence presented at. the hearinsi purpose
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the 'respondents Jane Lundregap, William Abbott and Arthur
Labrecque are other ,:membegs of the Board of Appeals of10
.:
i said. Salem and all -reside in said Salem as follows;
d 4 . .
John Gray
3 Larchmont lid,
Salem2 :Ma4s...,; . ` "
Donald 'Eames
16 Dearborn Street
Salem : Mass. k
Douglas Hopper
11 Bryant Street
Salem, Massa
James Boulger
i 12 Monroe Street
i Salem, Mass.
Jane Lundregan
51 Bay View Avenue
Salem, Mass.
William Abbott
26 Hathorne Street
Salem, Mass.
a
Arthur Labrecque
11 Hazel Street
Salem, ;lass.
d 3. on or about January j.7 , 1977.1 the plaintiffs ,' �
petitioned ' the Board of Appeals of Salem for a three
year extension of a Special permit granted on December
20, 1973 by the Salem Board of Appeals;
4, After. notice a public hearing was held on March
' 1 , 1977, all in accordance with the applicable statutes$,
the Board of .Appeals' rendered' Its' written decision
' denying said special permit; a copy of said decision was
1 ,
• COMMONWEALTH OF MASSACHUSETTS T
ESSEX, SS: SUPERIOR COUR
NO. T
UGO DIBIASE AND ELIO LIBIASE )
TRUSTEES OF THE SALEM REALTY )
TRUST )
plaintiffs )
VS. ) COMPLAINT T
JOHN GRAY, DONALD EAMES, DOUGLAS )
HOPPER, JAMES BOULGER, JANE LUNDREGAN, )
WILLIAM ABBOTT, AND ARTHUR LABREdGUE, )
s AS THEY ARE MEMBERS OF THE BOARD OF )
APPEi�LS OF THE CITY OF SALEM )
Defendants )
y
The plaintiffs having been aggrieved by a decision
of the Board of Appeals of the City of Salem, hereby
appeals said decision, pursuant to the provisions of
Massachusetts General Laws, Chapter 40A , Section el as
amended by Chapter 808 of the acts of 1975 if it be
applicable.
I. The plaintiffs, Ugo DiBiase of Malden,
County of Ilidulesex, Commonwealth of Massachusetts and }'
Elio DiBiase of Lynnfield, Essex County, Commonwealth of
Massachusetts , are the trustees of the Salem Realty Trus
� a duly organized trust under the laws of the Commonwealt
of Massachusetts and maintains its' office at Everett,
Middlesex County, Commonwealth of Massachusetts.
e. The Lefendants, John Gray, Donald Eames,
Douglas Hopper, James Boulger, as members of the Board
of Appeals rendered the decision herein appealed and
�pox oirt�
a
tQ,M x JUNdt�
RICHARD W.STAFFORD CITY OF SALEM IRO .PFiA IALTON
CITY SOLICITOR 93 WASHINGTON STREET MASSACHUSETTS CITY 495091"Fj,CITY SOLICITOR
SALEM,MA STT ''��jj��r� T N STREET
SALEM�1970
745-4311 745-4311
May 31, 1983
Mr. Richard T. McIntosh.
Inspector of Buildings
One Salem Green
Salem, Massachusetts 01970
Dear Dick,
Please mail to me a copy of the decision of the Board of Appeals
which is the subject of Councillor Grace's letter.
Very tr/uly _yours`/ -
RICHARD W. STAFFORD
City Solicitor
RWS/lc
Enclosure
:I
Ct>u of $ateln, cf�tssachusetts
a
(Office of the Citg ( aultcit
�, „� (IIifg �ttll
�I1@1R WARD COUNCILLORS
STEPHEN P. LOVELY 1983
COUNCILLORS-AT-LARGE PRESIDENT
1883 GEORGE A. NOWAK
JOSEPHINE R. FUSCO
JOHN F. NESTOR. III
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
JOHN J. GIARDI FRANCES J. GRACE
JEAN-GUY J. MARTINEAU
BRIAN T. O'KEEFE
- JAMES M. FLEMING
JEAN MARIE ROCHNA JOHN R. NUTTING
April 14, 1983
Mr. Richard Stafford
City Solicitor
City Hall
Salem, Mass. 01970
Dear Mr. Stafford:
Kindly advise me as to the status of the "three year
temporary" cinder block building which was erected several
years ago. The owners petitioned the Board of Appeals for
an extension of time, and were denied. The owners then filed
in court to overturn the board's decision on the matter.
The Board of Appeals would also like to know the status of
same. Could you kindly advise us, in order that the neighbors
can go forward in opposition to having the building in the
neighborhood.
Sincerely,
Frances J. Grad
WARD FOUR COUNCILLOR
CC: Mr. Richard Perlman, 90 Colby St. ,Salem,Mass.
Mr. Levesque, Hillside Ave.,S81em,Mass.
Mr. Letarte, Hillside Ave. ,Salem,Mass.
Mr. James Hacker,Chairman, Board of Appeals, Ugo Rd.,Salem,Mass.
Mr. Conrad Baldini, 100 Colby St. , Salem, Mass.
FJG/cab
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September 14 19
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213
Ugo & Elio DiBiase
Trustees of DiBiase Re: 56 Almeda Street
Salem Realty Trust RI - Zoned District
71 Hancock Street
Everett,Ma
Dear Sirs:
Your attention is drawn to the above referenced property
which was allowed by the Board of Appeals until 1977 only.
This Department has no records to indicate that its use
can continue beyond December, of 1977.
If you have any information to the contrary I would like to
hear it, if not, I would insist and require you to abandon its
use and take the necessary steps to insure that the property re-
verts back to its legally zoned requirement.
Please contact this Department.
Very truly yours,
r
Richard T. McIntosh
RTM:mos Zoning Enforcement Officer
cc: Councillor Fr cis Grace
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