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59 LEACH STREET - BUILDING INSPECTION .�'9 t��9G� sr, `� . ., �, JOHNSON, CLAPP, STONE & JONES 35 SCHOOL STREET MARBLEHEAD,MASSACHUSETTS 01945 Mr, David 0, Donaldson A CITY OF SALEM, MASSACHUSETTS INSPECTIONAL SERVICES DEPARTMENT 9 k THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASI'IINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 0 PAx:978-740-9846 Date: October 6, 2015 %-V4j: 1(ZC—(7L)L-( YL_ Ir To: Harold Delaney `o/C / t s' Address: ' 34 Melch Road City/State Lynnfield, MA. 01940 Re: Work with no permit: 59 Leach Street Mr. Delaney: The Building Department has received reports of construction/renovation work underway at your property at 59 Leach Street. Recent observation of the property supports these reports. There is no current Building Permit on file for this address. International Residential Code 2009 R105.1 Required.Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. R113.1 Unlawful acts. It shall be unlawful for any person,firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. A "STOP WORK ORDER" was posted,by the Salem Building Department, at 59 Leach Street/Unit One, on October 6, 2015. i' i' CITY OF SALEM, MASSACHUSETTS H u $ INSPECTIONAL SERVICES DEPARTMENT a THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 To.:978-745-9595 ♦ FAx:978-740-9846 All work at this location must cease immediately and remain stopped until the Building Department has been satisfied that proper construction permits have been applied for, and issued to, appropriately licensed personnel. No work may be undertaken without written approval from the Salem Building Department. You must contact the Building Department immediately upon receipt of this letter to discuss your plan of action. Failure to resolve the issues cited above will be construed as non-compliance and may result in the issue of municipal tickets and fines as well as further enforcement actions. If you feel you are aggrieved by this order, you have the right to appeal to the Massachusetts Board of Building Regulations and Standards (BBRS) at One Ashburton Place/Boston/MA. Thank-you, NHarry_Wagg.� Assistant Building Inspector X978-619-5643 - hwagg@salem.com cc T. St.Pierre, Building Commissioner CITY OF SALEM, MASSACHUSETTS INSPECTIONAL SERVICES DEPARTMENT l T THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASI'IINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ PAX:978-740-9846 Date: January 11, 2016 To: Harold Delaney Address: 34 Melch Road City/State Lynnfield, MA. 01940 Work with no permit: Re: 59 Leach Street Mr. Delaney: During our meeting on October 20, 2015, you agreed to hire licensed tradesmen to complete, and take responsibility for, the construction work that had been started at 59 Leach Street, Unit 1. This property is a condominium and therefore a `commercial' property. The Carpenter or Builder on the job must have a Massachusetts CSL License. You will also need a Plumber and Electrician. Please let me know what progress you have made and when you expect to be able to complete the project. Thank-you,' Harry Wagg --____.— ._..--- .............. ------ Assistant Building Inspector 978-619-5643 - hwa salem com cc T. St.Pierre, Building Commissioner i' CITY OF SALEM, MASSACHUSETTS INSPECTIONAL SERVICES DEPARTMENT 9 N THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON S'I'REEI♦ SAI,.EM,MASSACHUSETTS 01970 Ti?a.:978-745-9595 ♦ FAX:978-740-9846 Date: October 6, 2015 c�t'tj7. TZQ,UUPIYL MWtt l� 61$jEYlt"'p r'l'R'1 l_ To: I Harold Delaney Address: ' 34 Meleh Road City/State Lynnfield, MA. 01940 Work with no permit: Re. 59 Leach Street Mr. Delaney: The Building Department has received reports of construction/renovation work underway at your property at 59 Leach Street. Recent observation of the property supports these reports. There is no current Building Permit on file for this address. International Residential Code 2009 R105.1 Required.Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. R113.1 Unlawful acts. It shall be unlawful for any person,firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. A "STOP WORK ORDER" was posted, by the Salem Building Department, at 59 Leach Street/Unit One, on October 6, 2015. i" CITY OF SALEM, MASSACHUSETTS INSPECTIONAL SERVICES DEPARTMENT THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 4 FAx:978-740-9846 All work at this location must cease immediately and remain stopped until the Building Department has been satisfied that proper construction permits have been applied for, and issued to, appropriately licensed personnel. No work may be undertaken without written approval from the Salem Building Department. You must contact the Building Department immediately upon receipt of this letter to discuss your plan of action. Failure to resolve the issues cited above will be construed as non-compliance and may result in the issue of municipal tickets and fines as well as further enforcement actions. If you feel you are aggrieved by this order, you have the right to appeal to the Massachusetts Board of Building Regulations and Standards (BBRS) at One Ashburton Place/Boston/MA. Thank-you, Harry Wagg Inspector _. p Assistant BuildingIns ector 978-619-5643 - hwagg@salem.com cc T. St.Pierre, Building Commissioner JAN ZZ 8 29 PAM '85 P.O. Box 926 REC'cIVED Marblehead, MA 01tM' CFU LEM,MASS. January 17 , 1985 Mr. Richard T. McIntosh, Building Inspector One Salem Green Salem, MA 01970 Dear Mr. McIntosh; I stopped in to see you this morning but you were at a seminar. I asked Paula to try and get ahold of you after 2 : 30 as I would be busy painting all afternoon. When I got home she related her conversation with you. Enclosed is a copy of the letter I 'm sending today. It is our intention to cooperate fully in this matter and to keep a line of communication open. Very truly yours , V,,�v o,V�, David 0. Donaldson Enclosure Jars ZZ P.O. Box 926 29 °85 Marblehead,CmA fffg4A ED OF S4Le I,R14 SS' January 17, 1985 Mr. Michael Campbell 59 Leach Street Salem, MA 01970 Dear Michael, As I mentioned to you on the phone this afternoon, we had talked with Mr. McIntosh and he has advised us to ask you to vacate the premises as soon as possible. If you are unable to vacate by the 25th when the normal rent is due , then I will expect to receive your rent at that time. As I mentioned, your rent will be prorated to the day and all excess amounts will be refunded(assuming that there are no damages ) when you have vacated and turn- ed over the keys to us . We will gladly give your next landlord a good recommen- dation. Please sign and .return the enclosed card so that I will know that you have received this letter. Very truly yours , �f David 0. Donaldson - (cc : Mr. McIntosh ----- -- Stg � { v � ' � 5 .��< i' Vii. $.�`> .., S The Trial Court No. SP (Summary Process) SUMMARY PROCESS SUMMONS AND COMPLAINT Entered Waived Entry Fee Essex ss District Court Department Salem Division THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU -PLEASE READ IT CAREFULLY IMPORTANTE : ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A PROCEDIENTES PARA DESALOJARLE fo Robert Reddy of 59 Leach Street (name) (address) Salem You are hereby summoned to appear for a hearing 'jefore the Judge of the court sitting at Salem )n Thursday, April/( , 1985 at 9:00 A.M. , to answer the complaint of David O. Donaldson Landlord/Owner that you occupy the premises it 59 Leach Street , being within the iudicial district of this court , unlawfully and against the right of said landlord/owner )ecause : Violation of Provisions of Rental Agreement by committing nuisance and breach of peace upon the premises violation of State Law prohibiting disorderly conduct ind further, that rent is owed by you in the amount of $ according to -he following account : Samuel E. Zoll ACCOUNT ANNEXED Presiding Justice Clerk/Magistrate late : March 12. 1985 Signature of laintiff o— r Attorney 'OTICE TO OCCUPANTS: At the hearing on April //, 1985 , you (or your attorney) must ppear in person to present your defense. You (or your attorney) must also file a written nswer to this complaint. (Answer form 2 is available in the clerk's office) . You must file deliver or mail) the answer with the court clerk and serve (deliver or mail) a copy on the andlord (or landlord 's attorney) . The answer must be filed with the court clerk and received y the landlord (or landlord's attorney) no later than the Monday April ( before the Baring date. I YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, UDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT OTIFIC.ATION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE 0CUMENTO LEGAL TRADUCIDO CUANTO ANTES! To the Sheriffs of our several Counties, or .their Deputies , or any Constable of any City or Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear as herein ordered. WITNESS, David Doyle Presiding Justice Robert F. Arena Clerk/Magistrate Date : Entry Date : March4s;1985 OFFICER'S RETURN Essex ,ss: City/Town Salem,MA. Date 3/12/85 By virtue of this Writ , I this day served the within-named tenant or occupant and summon him/her as herein directed, 15 xf1YrYhgx1hYYtrnl4Ex*6x or by leaving it 59 Leach St . , Salem,MA. the last and usual place of abode. A copy of this summons was mailed first class to the tenant/occupant at that address on 3/12/85 Offi Deputy Sheriff Fees - Service Copy i : e r,uiu Travel ��)� 81 ,r U.tFI @IkY., Use of car rJ S' L$U Mailing 7J $ From the Law Offices of: NOTICE TO LANDLORD/OWNER: Narife "t" `' - Have the Officer complete the return above. - R chard T u;lArorh F.cn� Service must be made on the defendant not Street 35 School St . less than seven nor more than thirty days before the Monday entry day. This form City Marblehead, Ma. Zip 01945 must be filed in court no later, than the close of business on the scheduled Monday Ycicphone 639-1930 entry day. In appropriate cases ; proper evidence of notice to quit must be provided this court upon the filing of this complaint . See Rule 2 (b) . L The Trial Court No. SP (Summary Process) ;UMMARY PROCESS SUMMONS AND COMPLAINT Entered Waived Entry Fee Essex ss District Court Department Salem Division THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU - PLEASE READ IT CAREFULLY IMPORTANTE : ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A PROCEDIENTES PARA DESALOJARLE o John Gallagher of 59 Leach Street (name) (address) Salem You are hereby summoned to appear for a hearing efore the Judge of the court sitting at Salem n Thursday, Arpillj, 1985. at 9:00 A.M. , to answer the complaint of David 0. Donaldson Landlord/Owner that you occupy the premises t 59 Leach Street , being within the udicial district of this court , unlawfully and against the right of said landlord/owner ecause : Violation of Provisions of Rental Agreement by committing nuisance and breach of peace upon the premises violation of State Law prohibiting disorderly conduct. ind further, that rent is owed by you in the amount of $ according to he following account : Samuel E. Zoll ACCOUNT ANNEXED Presiding Justice rClerk/Magistrate Date : March 12, 1985 Signature of Plaintiff or Attorney NOTICE TO OCCUPANTS: At the hearing on April//, 1985 , you (or your attorney) must appear in person to present your defense. You (or your attorney) must also file a written _answer to this complaint. (Answer form 2 is available in the clerk's office) . You must file (deliver or mail) the answer with the court clerk and serve (deliver or mail) a copy on the landlord (or landlord's attorney) . The answer must be filed with the court clerk and received by the landlord (or landlord's attorney) no .later than the Monday April $ before the hearing date. IF YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT NOTIFICATION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES! 1 1 To the Sheriffs of our several Counties, or their Deputies , or any Constable of any City or Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear as herein ordered. WITNESS, David Doyle Presiding Justice Robert F. Arena Clerk/Magistrate Date : Entry Date : March 1985 OFFICER 'S RETURN Essex ss : City/Town . Salem,MA Date 3/12/85 By virtue of this Writ , I this day served the within-named tenant or occupant and summon him/her as herein directed, Viv4nx44ix3mN4xxax)K or by leaving it 59 Leach St. , Salem,MA. the last and usual place of abode. A copy of this summons was mailed first class to the tenant/occupant at that address on 3/12/85 0 Offic Deputy Sheriff Pees - Service Copy Travel Use of car 14IL'r ; ONl! WkY. LF,U Mailing 15Z j $ From the Law Offices oaf: , NOTICE TO LANDLORD/OWNER: Name Richard T. HiAreth Esq. Have the Officer complete the return above. Service must be made on the defendant not Street 35 School'�St . less than seven nor more than thirty days before the Monday entry day. This form City Marblehead , Ma. must be filed in court no later than the nlea5 close of business on the scheduled Monday Telephone 639-1930 entry day. In appropriate cases, proper evidence of notice to quit must be provided this court upon the filing of this complaint . See Rule 2 (b) . i The Trial Court No. SP (Summary Process) '111,WRY PROCESS SUMMONS AND COMPLAINT Entered Waived Entry Fee Essex ss District Court Department Division THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU - PLEASE READ IT CAREFULLY IMPORTANTE : ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A PROCEDIENTES PARA DESALOJARLE 0 Matlkw Robbins of 59 Leach Street (name) (address) Salem You are hereby summoned to .appear for a hearing ,efore the Judge of the court sitting at Salem m Thursday, April//, 1985 at 9.00 A.M. , to answer the complaint of David O. Donaldson Landlord/Owner that you occupy the premises A 59 Leach Street , being within the iudicial district of this court , unlawfully and against the right of said landlord/owner )ecause : Violation of Provisions of Rental Agreement by committing nuisance and breach )f peace upon the premises, violation of State Law prohibiting disorderly conduct. ind further, that rent is owed by you in the amount of $ according to he following account : Samuel E. Zoll ACCOUNT ANNEXED Presiding Justice Clerk/Magistrate t )ate : March 12, 1985 Signature of Plaintiff or Attorney dOTICE TO OCCUPANTS: At the hearing on April //, 1985 you _(or your attorney) must appear in person to present your defense. You (or your attorney) mu'sf also file a written inswer to this complaint. (Answer form 2 is available in the clerk's office) . You must file (deliver or mail) the answer with the court clerk and serve (deliver or mail) a copy on the landlord (or landlord 's attorney) . The answer must be filed with the court clerk and received )y the landlord (or landlord's attorney) no later than the Monday ril — before the searing date. 11 YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT 40TIFICATION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE 00CUMENTO LEGAL TRADUCIDO CUANTO ANTES! f To the Sheriffs of our several Counties, or their Deputies, or any Constable of any City or Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear as herein ordered. N ITNESS, David Doyle Presiding Justice Robert F. Arena Clerk/Magistrate Date : Entry Date: March1985 OFFICER 'S RETURN Essex ,ss: City/Town Salem,MA Date 3/12/85 3y virtue of this Writ, I this .day served the within-named tenant or occupant and summon ,im/her.as herein directed, by *iA4v4xxirmc )t=x T_ `or by .leaving it Leach St. , Salem,MA. the last and usual place of abode. A copy of this summons was mailed first class to the tenant/occupant at-that address on 3/12/85 1 - Of Deputy Sheriff Fees - Service 7l Travel Use of car hh'n, i tali a.4 . n� vEtii 1, MILL 0„ t1AY�. LF,U Mailing � �� , From the Law Offices of: NOTICE TO LANDLORD/OWNER: ame _ Have the Officer complete the return above., Rirh and T_ .-x;tdreth Esq Service must be made on the defendant not Streetless than seven nor more than thirty days 35 School St. before the Monday entry day. This form City Marblehead Ma Zip 01945 must be filed in court no later than the close of business on the scheduled Monday Pclephone _Ug-1930 entry day. In appropriate cases, proper evidence of notice to quit must be provided this court upon the filing of this complaint . See Rule 2 (b). c I The Trial Court No. SP (Summary Process; SUDMRY PROCESS SUMMONS AND COMPLAINT Entered Waived Entry Fee Essex ss District Court Department Salem Division THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU - PLEASE READ IT CAREFULLY IMPORTANTE: ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A PROCEDIENTES PARA DESALOJARLE o Michael Campbell of 59 Leach Street (name) (address) Salem You are hereby summoned to appear for a hearing Before the Judge of the court sitting at Salem n Thursday, April. 4! 1985 at ' 4c00 A.M. , to answer the complaint of David O. Donaldson Landlord/Owner that you occupy the premises t 59 Leach Street , being within the udicial district of this court , unlawfully and against the right of said landlord/owner Because : Violation of Provisions of Rental Agreement by committing nuisance and breach if peace upon the premises, violation of State Law prohibiting disorderly, conduct. ind further, that rent is owed by you in the amount of $ according to he following account : Samuel E. Zoll ACCOUNT ANNEXED Presiding Justice Clerk/Mag istrate on )ate : March 12, 1985 Signature of Plaintiff or Attorney JOTICE TO OCCUPANTS: At the hearing on April 1985 you (or your attorney) must appear in person to present your defense. You (or your attorney) must also file a written inswer to this complaint. (Answer form 2 is available in the clerk's office) . You must file (deliver or mail) the answer with the court clerk and serve (deliver or mail) a copy on the andlord (or landlord's attorney) . The answer must be filed with the court clerk and received )y the landlord (or landlord's attorney) no later than the Monday April (? before the searing date. F YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT 20TIFICATION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE )OCUMENTO LEGAL TRADUCIDO CUANTO ANTES! 7 To the Sheriffs of our several Counties, or their Deputies , or any Constable of any City or "Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear as herein ordered. WITNESS, _ David Davle Presiding Justice Robert F. Arena Clerk/Magistrate Date : Entry Date : March fir', 1985 OFFICERS RETURN Essex ,ss: City/Town____Salem,MA Date 3/12/85 By virtue of this Writ, I this day served the within-named tenant or occupant and summon him/her as herein directed, by giving in hand to Michael Campbell. �t the last and usual place of abode. A copy of this summons was mailed first class to the tenantJoccupant at that address on ) ,KLiw . N} Of£ic Deput Sheriff Fees - Service Copy Travel Use of car L$U Mailing -J WAY. $ From the Law Offices of: NOTICE TO LANDLORD/OWNER: NameHave the Officer complete the return above. .el rd T. Hildreth Ess} Service must be made on the defendant not Street 35 School St. less than seven nor more than thirty days before the Monday entry day. This form City Mnrhlehead Ma. Zip o1945 must be filed in court no later than the close of business on the scheduled Monday 'elephone entry day. In appropriate cases, proper 639-1930 evidence of notice to quit must be provided this court upon the filing of this complaint . See Rule 2 (b). FIRST DISTRICT COURT OF ESSEX APPLICATION FOR A COMPLAINT OR WARRANT COMPLAINANTCITY OF SALEM ADDRESS 1 SALEM GREEN - ALLEGED DEFENDANT David & Paula Donaldson ADDRESS 25 Westminister Rd. UI house Contains More Tnan One f-amdy, Desulnau: Which Apartment) Marblehead, Mass. DATE OF BIRTH OFFENSE Violation of Sec V Cit y .Zoning Ordinance (Give Chapter and Section of Statute, Ordinance or Regulation Violated) 59 Leach St. DATE OF OFFENSE Continuing PLACE OF OFFENSE Salem, Mass. fOr if for Non-Support, Length of Time Nu Support Had) - STATE IF DEFENDANT ARRESTED _YES X NO DATE OF ARREST WAS DEFENDANT BAILED _YES _NO AMOUNT $ INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS LICENSE ■ ISSUED REGISTRATION ■ ISSUED OWNER INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS JUVENILE ADDRESS AGE FATHER ADDRESS MOTHER= ADDRESS FACTS UPON WHICH YOU HELY FOR COMPLAINT TO ISSUE The Defendant Mr. & Mrs. Donaldson are Violating the City Zoning Ordinance Sec. V which allows for no more than 2 unrelated persons occupying a unit. Continued complaints from the neighbors indicates that at least 4 males and 1 female are living at 59 Leach St, which is clearly a violation of the City Ordinance. The Defendant has failed to comply with a Cease and Desist Order issued by this Department.. . Richard T. McIntosh WITNESSES Zoning Enforcement Officer City of Salem, Salem, Mass. DATE OF APPEARANCE IN COURT ' m 6 84 R£C +IE tE,f�1f,Y ��S4f.f(i�,�ASS. Mr. Richard T. McIntosh Building Inspector One Salem Green Salem, MA 01970 Dear Mr. McIntosh: We are writing to you to register a complaint regarding a zoning violation (more than two non-related occupants) present at 59 Leach Street. . . a non owner occupied. building. On or about September lst, four males and possibly one female moved into the first floor apartment. Now we are faced with this group congregating on the front and rear porches, drinking beer and loud talking not to mention an already over- burdened parking situation. Our additional concerns" ar�_ what happens when a few friends come over, parties; stereos and more general disquiet which will probably go into the wee hours of the morning, and the additional parking problems. As abutter occupied homeowners and taxpayers, we have worked with the Police and City in the past to try and make our neighbor- hood a better place to live. We do not feel that we should be subjected to this zoning violation and what could develop as a result of it. We are requesting that you, as zoning enforcement officer,, investigate our complaints and rectify the situation. Should you have any additional questions, Please feel free to contact us. Your immediate attention to this matter will be greatly appreciated. John A. Barbaro John Ponce de Leon Carlos Martins 53 Leach Street 45-47 Leach Street 62 Leach Street 744-0611 & 5-7 Green Street �4, 4-0802 Edward L' Italien hoe'r LaPiontag e Mr. & Mrs . Roland 43 Leach Street 58 Leach Street Levesque 744-9168 745-1526 10 Green Street 745-1050 w •SENDLRi C=plete Items 1.1,end 3. Add Your eddreu in the"RETURN TO"rPa ea revnw 1. The 3cUowing service is requested(rhwk one.) . 0 Show to whom and date delivered,..........._C El Show to w-hcan,date and address of deiivery...—< 0 RES RICTED DELIVERY Show to whom and date delivered............_< 0 RESTRICTED DELIVERY. Stow to whom,date,and addrew of dclh ery:$ (CONSULT POSTMASTER FOR FOES) , 2 ARTICLE ADDRESSED TO: ^-- David & Paula Donaldson ,.`t 25 Westminister RD. Marblehead 9 �2 ARTICLE DESCRIPTION: a V— .REGISTERED NO. CERTIFIED NO, p"RED No. I_s s'- u I P33 078197 m . c (Always obtain signature o7 addresna or agent) t; 1 w I have r_ceiwed the uncle described ebovo. SIGNATURE dr. whodud avant IV D i jA. --- � m AT,S OF DELIVERY j ' POSIYAR Z T S ADOP.c^St(0 -w on1Y If nelaebEM� ^I j� y' r —®� CLERIti 8. 'UNAGLE TOOG:.IVER dECAtSE: _ p INITIALS $ t D *PFO:1e7e30ad UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRNETE TO SENDER INSTRUCTIONS USE To Avoio PAYMENT Print your memo,eddrese,and ZIP Code In the space below. or POSTAGE.aped s USAWL • Complete items 1,Z and 3 an the reverse. - • Attach to front of article if space permits, otherwise affix to back of article, - • Endorse acdrL"Return Receipt Requested' adjacent to number. RETURN TO Richard T. McINtosh (Narne of Stader) 1 Salem Green (Street or P.O.Box) Salem, Mass. (City,State,and ZF Code)' P33 076 .976 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED— NOT FOR INTERNATIONAL MAIL (See Rever'ge) SENTTO David & Paula Donaldson STREET AND NO. 25 Weetminister Rd __ __ - - PA.,STATE ANO ZIPCOOE Marblehead, m POSTAGE S CERTIFIED FEE W td SPECIAL DELIVERY LL RESTRtCTEDDELIVERY t y w SHOW TO WHOM AND r o DATE DELVERED SHO D DATE ANADESSOF DELIVERY ¢ �' w SHOW TO WHOM AND DATE a ¢ DELIVERED WITH RESTRICTED¢ z a c DELIVERY SHOW TO WHOM.OATEANO ¢ ADDRESS Of DELIVERY WI FH ¢ o RESTRICT ED DELIVERY TOTAL POSTAGE AND FEES $ 1,55 POSTMARK OR DATE i 0 0 i r STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 7. It 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. 11 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. Ifyou want a return receipt,write the certified-mail number and your name and address on a return receipt card,Farm 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.It return +- receipt is requested,check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. {t GPO:1979302-878 �y City of Salem BUILDING DEPARTMENT } FIELD CORRECTION NOTICE LOCATION 1/ � CkG S J PERMIT N0. --_-�" ISSUED TO %Q 0 I C)?•Q � vI/� �6 31k�G+ S"'^ - PERMIT HOLDER AND/OR ALL RESPONSIBILE PARTIES. NOTICE DELIVERED TO '� ' ST1 /��/Sl—�/ 2_ C>! Upon inspection, violations of the L•71 tic C /^�r�t x77 Sec were in evidence. The following orders are hereby issued for their correction: / UA i1i s� '!� Z e + rzf UhWr�as. ✓ c�- Io i .c 7—fi� C Yl T 4f T —bt// PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BEFORE 1 �Z ` t{ �<< DATE —� EI BY e CVINSPECTOR 1 ORIGINAL �l ll q /,T'tt e n I t i- HAYES, LEDOUX, WHIPPLI l-&-{"k,NG1I I' ATTORNEYS AT LAW 49 FEDERAL STREET SALEM, MASSACHUSE+§P?4O 11 04 AM '811 AREA CODE 617 745-3363 RCCEIVFD WILLIAM F. HAYES (19041977) 1 CITY OF SALE: I,FIASS. IPSWICH OFFICE: GEORGE H.W. HAYES, It 25 MARKET STREET ROBERT A. LEDOU% P. O. BOX 206 JOHN A.WHIPPLE IPSWICH. MASSACHUSETTS 01938 JOHN G. KING (617) 356-2933 DAVID B.CROSBY DONALD M.GREENOUGH DANVERS OFFICE: 17 SCHOOL STREET JAMES A.WHIPPLE DANVERS. MASSACHUSETTS 01923 OF COUNSEL (617)774-6109 November 19, 1980 Mr. Robert E. Gauthier Building Inspector & Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 Re: 59 Leach Street, Salem; David Donaldson Dear Mr. Gauthier: Your letters of November 5 and November 14, 1980, to David Donaldson have been referred to me. I presume that your reference in Paragraph 2 is to Section VII C (e-2). It is my understanding that that ordinance was enacted on August 27, 1965; and that it applied only to property which was erected, enlarged or altered after the effective date of the ordinance. Any surfacing which was done to that area was due prior to the date of the ordinance and thus it is my opinion that the ordinance is not applicable. Mr. Donaldson has spoken with two prior owners to him: Mr. Page, who owned the property from 1975 - 1979; and Mr. & Mrs. Bourinot, who owned the property from 1962 - 1975. Mr. Bourinot has stated that the paving was done prior to his ownership of the property; so clearly the paving would have preceeded the ordinance. Accordingly, unless my reading of the ordinance is incorrect, the ordinance would not affect Mr. Donaldson's property. Mr. Robert E. Gauthier -2- NoN�P11-9,'L1,980 If you have any disagreement with the foregoing or would lie'td ?� '80 discuss it further, please do not hesitate to contact me.CITYF CEIVEpSAL Ep.1, arysS Yours very truly, WHIPPLE cdh cc: David Donaldson HAYES, LEDOUX, WHIPP'LE 8C K1Nd ATTORNEYS AT LAW 49 FEDERAL STREET SALEM, MAS SACHUS ETI1. T�SLb`950 11 AREA CODE 617 745-3363 _ `-rF�1iLD WILLIAM F. HAYES (1904-1977) CII i Or —Si, t.Ili,W, IPSWICH OFFICE: GEORGE H.W. HAYES, II - 25 MARKET STREET ROBERT A. LEDOUX - P. O. BOX 206 JOHN A.W'HIPPLE - IPSWICH. MASSACHUSETTS 01938 JOHN G. KING 1617)356-2933 DAVID B. CROSBY' DANVERS OFFICE: .DONALD M.GREENOUGH 17 SCHOOL STREET JAMES A.WHIPPLE DANVERS. MASSACHUSETTS 01923 OF COUnSEL (617)774-6109 November 19, 1980 Mr. Robert E. Gauthier Building Inspector & Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 Re: 59 Leach Street, Salem; David Donaldson Dear Mr. Gauthier: Your letters of November 5 and.November 14, 1980, to David Donaldson have been referred to me. I presume that your reference in Paragraph 2 is to Section VII C (e-2). It is my understanding that that ordinance was enacted on August 27, 1965; and that it applied only to property which was erected, enlarged or altered after the effective date of the ordinance. Any surfacing which was done to that area was due prior to the date of the ordinance and thus it is my opinion that the ordinance is not applicable. Mr. Donaldson has spoken with two prior owners to him: Mr. Page, who owned the property from 1975 - 1979; and Mr. & Mrs. Bourinot, who owned the property from 1962 - 1975. Mr. Bourinot has stated that the paving was done prior to his ownership of the property; so clearly the paving would have preceeded the ordinance. Accordingly, unless my reading of the ordinance is incorrect, the ordinance would not affect Mr. Donaldson's property. 1 1 Mr. Robert E. Gauthier -L- , 1vo�fi�p;3,9;,f1.980 k�nJ Z41 If you have any disagreement with the foregoing or would lzlcetd rf discuss it further, please do not hesitate to contact me.Clpy op 'V�,S '- , Yours very truly, i dQIii�t-A. WHIPPLE edh CC: David Donaldson P16 7188795 I RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO David Donaldson STREET AND NO. 22 Westminister Drive P.O,STATE AND ZIP CODE - Marblehead, MA 01945 POSTAGE S .15 CERTIFIED FEE 80 ¢ uyWi SPECIAL DELIVERY - ¢ RESTRICTED DELIVERY ¢ 0 w m SHOW TO WHOM AND ¢ 9 DATE DELIVERED .45 c w f w SHOW TO WHOM,DATE, MDADDHESS Of DELIVERY ¢ o w SHOW TO WHOM AND DATE m DELIVERED WITH RESTRICTED ¢ DELIVERY a U iADDRESS TO WHOM,DATE AND RESTRICTED DELIVERY WITH ¢ ,p RESTRICTED DELIVERY r TOTAL POSTAGE AND FEES E 1.40 Q POSTMARK OR DATE' g m ' m E 0 ti a - STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE; CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see fried)' 1. If 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. If 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 L 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 requested,check the applicable blocks in Item 1 of Form 3811.. 6.- Save this receipt and present it if you make inquiry. ,GPo:r3s o-269-363 I . s ; , t t+u ILL 9 °iO SENDER:Complete items 2,and 3. T _) Atli Your%edtlress1. in the "RETURN TO' space on 3 .verse. I!fh0ollowirig service is requested(check one). 4 LX'Show to:whom and date delivered...... ... . ,45(� El'9hoev to-whom,date,and address of delivery. . 4 .:D(f3ESTRICTED DELIVERY Show to whom and date delivered... ... ... . ._¢ =!7 RESTRICTED DELIVERY m -' Showtowhom,date,and address of delivery.S_ m � (CONSULT POSTMASTER FOR FEES) c Z 2. ARTICLE ADDRESSED TO: x Mr. David Donaldson 0 22 Westminister Drive M Marblehead, MA 01945 7� 3.'ARTIC kPESCRIPTION: dt REGISTERED_ NO. CERTIFIED NO. INSURED NO. P16-718879 (Always obtain signature of addressee or agent) I'ha4received the article described above. Z SIG TUB ❑ Addressee ❑ Authorized agent to m l { DATE OF DE V/ERYrR T n 5. ADDRESS(Comp(ete only it requested) m c`I T_ m 0 6. UNABLE TO DELIVER BECAUSE: CLERK'S K INITIALS D 11 r *GPG:1977—0—249595� UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Prins your name,items 1 and ZIP COOS it the space below. OF POSTAGE,$300 Complete items t,2,and 3 at the tofrse. •Moisten ggammetl ends and attach ar from of article if space U.SMAIL permits.Otherwise"Return to backpt article. • umber article "Return Aeceip[ Aepuestetl" adjacent to number � ' RETURN : 7 TO Robert E. Gauthier, Bldg. Insp. (Name of Sender) a One Salem Green (Street or P.O. Box) Salem, MA 01970 (City, State, and ZIP Code) xaCOW! Otu of Salem, 55tt�f�lz5;' z5 ��. `r1 �uiilit �ra}�ertu �epttr#men# Robert E. Gauthier - One Salem Green 745-11213 November 14, 1980 Mr. David Donaldson 22 Westminister Drive Marblehead, MA 01945 RE: 59 Leach St. , Salem Dear Mr. Donaldson: We have received no response from you regarding our letter of November 5, 1980. Please contact this office as soon as possible, so that we may discuss the existing zoning violation. Very truly yours, Ro ert E. Gauthier SECOND NOTICE Building Inspector & Zoning Enforcement Officer REG:tc CERTIFIED M&IL #P16-7188795 01ifu of �n1Pm, 'Bmr4uso#zs '`�!t� °�� .. 'r �lt�Sitt �SA�I°tf� �P�42ISfIitPYtt "., .,,..�w �LIII�IITI$ �PiJtLYtY:tP11f Robert E. Gauthier One.Salem Green 74�-D213 November 5, 1980 Mr. David Donaldson 22 Westminister Drive Marblehead, MA 01945 RE: 59 Leach St. , Salem Dear Mr. Donaldson: Enclosed is a plot plan prepared by Robert B. Bowman, Registered Land Surveyor on October 15, 1980. Per the Salem Zoning Ordinance - Supplementary Regulations Section VII, Paragraph E-2, the surfaced area of a parking lot, and all entrance and exit drives, shall be set back a minimum of two feet from all lot lines, except where an access driveway crosses the street lot line. A violation of the Zoning Ordinance is indicated at a distance of 48 feet to 97 feet from the front of property line. Would you kindly see that this situation is corrected as soon as possible. Very truly yours, Robert E. Gauthier Building Inspector & Zoning Enforcement Officer REG:tc enc. 1 y ,,co.m, 1. its of alem, Aassarhuse#ts g+� . ]Juhiu FropertV Vgpartment Fuming Pepartmerd Robert E. Gauthier One Salem Green 745-11213 October 31, 1980 Mr. David Donaldson 59 Leach Street Salem, MA 01970 RE: 59 Leach St. , Salem Dear Mr. Donaldson: Enclosed is a plot plan prepared by Robert B. Bowman, Registered Land Surveyor on October 15, 1980. Per the Salem Zoning Ordinance - Supplementary Regulations Section VII, Paragraph E-2, the surfaced area of a parking lot, and all entrance and exit drives, shall be set back a minimum of two feet from all lot lines, except where an access driveway crosses the street lot line. A violation of the Zoning Ordinance is indicated at a distance of 48 feet to 97 feet from the front of the property line. Would you kindly see that this situation is corrected as soon as possible. Very truly yours, Ro rt E. Gauthier Building Inspector & Zoning Enforcement Officer REG: tc enc. 1 CITY OF SALEM BUILDING DEPARTMENT s City Hall Annex HISTORIC SA3.E; One $olein Green V SALEM, MASSACHUSETTS _""'01970 ,®.,:. OEi 31'80 �f.r`�o"!--!• .s�. +ea$AcHvsrr£s Ci()N rpt;) .1.0:t 1,W11 11/01lt30 Rt:::T1J17,'N TO SE'NGE:.R NOT f.>F:::I...:I:VI :I 'P'I[:.!_.t : A3 riC71�t~i::t':i:iE:t) y2Jr t)N:ll_l_.F= '7'0 Mr. David Donaldson 59 beach Street Salem, MA 01970 r .i ` GiHu Di u`,J�t`Ilm-r'I C- 1u� rja l5£!I7 ' ��/�7 fit'. IIXFZiJ A;=pi21..t �jj,". i,D 0i ,`.i'FC :LJ rr 1 0= APPEALS: p r .!c rs;. fined represent that he is are the ownersof a certarhl'p � cel o� 1'�n ' oca ted t hi0. . .'. l. .i: : ac r ,5 , Sid<< flr,, f7i�,,, , c�r?� . . . . . . . . . . . . . . .Street; Z Rtrg,•;L?istrict, z . . . . . . . . . . . . . . . .�. . . . . . . . ; and said parcel is affected by5.. . . . . . . c.he 'assarhusetts State Building Cade. fans describing the work proposed, have been submitted to the Inspector of Buildings in ccordance .,,ith Section IY A. 1 of the Zoning Ordinance. T— Pt'6ffC The Application for Permit was denied by the Inspector of Buildings for the following reaso:is: UIPE� CT l-7Pl'" 4C. The .Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief -may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: H t'RoP�RrY 1S 9 t/�Py G-4R6E Z.-F4rtrGY ?—Es- �Gvc_ wrTf! 1q- 3 ~-C_e �f?/ i�6G Pivp AODrTto �/ac. pa2r, i.vd SPr7cc 1,,.� ✓; fVr', /i,oOMt l3/'TTl4i2oc+/y (ffD0 Tt.,c , 6 tfR-Gr Y2t7Tr4c A/ 4-0 �6K 4(A"r) >¢!c.'r�> `1 S�%fa°.f+r G-ffP..b� E'>6PRvo�t� �/Lc? vrf7rNb /?-MGeG Le.�.ti'� SP��E X0,2 � ? `� GG2; 1> F�f�so:✓s �tft✓E 6Eni Res.D ivE GotyGoe-r? SC.y J. v � ~ �'lL�J�'n-'T4Y 7'h',c S.9GEM Zo,v,ab I tt .Tw zGPP�I; ntftvrr wok 0✓ R YEA2S, KEG 6L 4fLQ f. Th-A7- 1 /="10�w� 7`N.R-N Z 1� .'�S'aR/S �c '- ✓r NE, ' . Ma ST - Y� w'�ccrt jri 7F ACtC..v LL? cr7�t .5 t°r,CSoti'X iv t'xF--- i7tc-G-vr�.;z t ^ Y-,•r i:. ITHE.ti^ L>W�Ct.iiL•,G t-f�4• Ii - F'. I F 4 r��.5 G. . . . . . . . . .. . v . . e. .n.i'. x. ..w . .. . . . .. ,Y Petitioner U`r_ . . Address. :`r: .:� . . . . ... . .. . . . . . . . . . . . Date. Y . . . . . . . . . . Telephone. . 6t: - �sr. . .9? :.. . . . . . . . . . . . . . . By y/ (/, w! . . . . . . . . . . . . . . . . . . Three co,ies of the application must be filed with the Secretary of the Board of A.p;eals with a check, for advertising in the amount of. , . . . . . . . . . . . . . . . . .four wE eks prior to the meeting of the Board of Appeals. Check payable o The ing. H ��m� ��'��='�� G l�-��.s�-x.9-•1-� Zv-�- , •-�- i3v.9-.2 D aqo -� _Cys. /!'1A., L 9 uGC�, 3�_�g g,S�, r,►: �� Coon .oar � .te t r� r/9re/.tw �JosFprt L� B/a s �'� s0i�p OG-sc►Ttf ! .f' Gy2s2Lw1`�.y A Tw o n.A, GJ / rr,' i9 s-AAe frts Th�2�Z° CI4 2 (*AVLA-a-Fs v OGGy oor �: !3_ F it SAL.a.... STALL= STV DTi�-o7 626 TTv / itt T i-FYFTG. o9-r+ D . _Q F �> tN �TN'f �+►.-7Z��i.i v r.. i9r- D �X Tn'�7z.,a /L Ge! As C$ u. 7T:' dA00!�, Ws T•�'f Tim D �-Gr ID/LOBG Wil' A-0 77#* r— S'nro.tC� _l�wL'vL'w _S�duGr7 Thi �ef>r r 7lo_ �e f 2�l�Lv�`TT T�7 yov.-L ,13r3c Gr=� ^D`r !-Po T/y v*• /—/g L_O D�I�•Ir /�D ,I t G S 4C-CE7rST�— /gs.�� r4tG i�•-� _� i4 �� CGI4ets . F,Grs:l'�e s., Trn.G- T1�fP' Fo.4LOs✓�r✓s•. C f�n•�t . 000» ysT QE SyeiA •?T�� Ta, ftp �i0/ld v -r-&& ,S'A�LG�H 1Ci/Zc �Ci�/1TL 7—sf^iL�k•P' / ti� rG A-'r't y� �'� �t�4i'T'id..► D f TITF �7�C-T^irJa. S'�S7r�r1 .min ►3_a - PR-o e, .'i qoWrve7W 7L/ J.o w/Cr7 60' L Cr--Zvw p Fj SP1, wozJ� Q�-v lL f�- ' lv s•�o t � ev-s+ o Q.7s4pd r e a "daw �►3"+/ �i�d3T.� 3 f/ 1 snr.�/ g t3s�.1 '++es c,c�¢ ^�P'J T/A4pI �%— od�s _s�:'36�s-6✓ �r C� fsy0r -�eicy ;s'' Q�1-�rY yo w ?-vo / -z ar-E/. d n - 3a•a�Gl/ ��. ' o o'TJ 1 .r,07 W rrU67 roa' -1-v r.9'14 -4-....ts. Z vvd �L-b'j/ r �, {, a wr.,,, r.. ! � „ , ., * ,. i ! Via.. :.R a . s � �- x .a �� T �� M1 � ... .1 \ • i� � r In. l _S � � S'^ �l � � � � 4 .,t 1 r p .f •S ..1 f � _ .. \u"1 �i \ . \ —v .� a ' , , ,. � t, • ! S ` sm 3 140 § 21F LICENSES a Cross References '' ,� • Organizations to which this section is not applicable, see section 21E of this chap. * ' f ter. �I. M LODGING HOUSES 22. Definition "Lodging house", as used in sections twenty-two to thirty-one, inclusive, shall mean a house where lodgings are let to four or more persons not within the second degree of kindred to the person con- ducting it, and shall include fraternity houses and dormitories of edu- cational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed f under section seventy-one of chapter one hundred and eleven or rest homes so licensed, or group residences licensed or regulated by agen- cies of the commonwealth. Amended by St.1660, c. 740; St.1965, c. 171; St.1973, c. 481. h Historical Note �i St.1918, c.259, §1. St.1960, c. 740, approved Oct. 29, modi- St.1913, c. 481, approved .Tune 29, fled term "lodging house" to exclude 1973, modified the definition of "Lodging =" L, convalescent or nursing homes licensed house" by substituting "four" in lieu of under c. 111, § 71, or rest homes so li- "five" or more persons, and by adding censed. the words "or group residences licensed St.1965, c. 171, approved March 18, or regulated by agencies of the common- 1965, extended term "lodging house" to wealth" at the end thereof. r ' ! include fraternity houses and dormito- ries of educational institutions. Ii I Cross References IAutomatically closing and locking doors in certain apartment houses, see c. 143, ' §3R. u Innholders'licenses,form of,see section 3 of this chapter. Inspection of premises,see section 25 of this chapter. I+ I� Reports to registrars of voters, required of innholders or keepers of lodging houses. v sees. 51, §10A. Law Review Commentaries r'» I' Regulation of buildings and facilities. - Richard G. Huber, 6 Annual Survey of 3lass.Law, Boston College, p. 124 (1959). Library References lid Innkeepers E=3. C.J.S. Innkeepers §1 et seq. 418 ,:lilt AW f � y r + y fan_..z i.�• 'v,�i:'r ^a+:° -' 'w x x.,.., .,.. 4- x a ::..n . .—x o-:.:* ,r ,wa_.xdr. 1c_ •7:aw.� �,..ti rw,o Tip , ,.. Y ffi LODGING HOUSES 140 § 23 f` Notes of Decisions - l. Definition "Lodging house" is house in which Term"lodging house" under zoning or- _ Iodgings are let, especially a house other dinance implies degree of permanence in _ r than an Inn or motel. Selvetti v. Build- occupancy at least as distinguished from - .. ing inspector of Revere (1968) 233 R.E. the transiency of hotel and motel accom- 2d 915, 353 Blass. 035, appeal after re- modations. Id. mand 249 N.E.2d 741,356 Mass.720, ,- § 22A. cooking facilities Notwithstanding any provision of law or any reordi- nance }� } gelation, ordi- nance or by-law to the contrary, a lodging house where lodgings are r let to more than five but less then twenty persons may furnish indi- vidual cooking facilities for the preparation, serving, eating and stor- age of food; provided that no such facility shall be furnished in aata , room having an area of less than one hundred fifty square feet. + ` N ` Such facilities shall, in a single room, consist of a gas or electric plate, a refrigerator and hot and cold running water and in a unit _ consisting of two adjoining rooms shall consist of a gas or electric range, a sink with hot and cold running water, a refrigerator and storage area for food. Any facilities furnished under this section shall comply with the building code applicable thereto. This section "x ° shall apply only to cities and town,which accept its provisions. Added by St.1970, e. 859, § 1. r Historical Note d. St.1970, c. 859, § 1, was approved Aug, e i 31, 1970, and by section 2 made effective 4's Jan. 1, 1971. Library References '.- r Innkeepers 0-9. C.J.S.innkeepers 18 et seq. � f t+. § 23. Term; fee s Licensing authorities may grant licenses for lodging houses which shall be for the period provided in sectio our, and shall - charge for each license such fee, not exceediN 1 dollars, as the city council or selectmen may establish, otherwise the same shall be granted without charge. �FW Amended by St.1952, c. 577. St, lq?y c 70 19 Historical Note St-1918,c.259,§§2,9. St.1921,a 59. A second sentence, which provided for cution of violations thereof, was stricken { the enforcement of certain sections by out by the 1952 amendment. the licensing authorities and for prose- }} { 419 l51 {, i ♦ j it s x* ; �t p m- i M.T-.5 January 4, 1985 Mr. James Hacker, Chairman Zoning Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: Asper sper your re on January 3, 1985, in the company of Health Department San' rian 39eph Lubas, I inspected the property located at 59 Leach Street owned by artitiori is David and Paula Donaldson and made the following observations. The property is currently a two family dwelling with a large three car garage in the rear and presently occupied by four Salem State students on the first level and a family on the second. The condition of both the interior and exterior was quite good, with the only problems n being a leak at the kitchen sink and the fact that the existing smoke det ' ere not operable,probably due to dead batteries. However, should the ar ' ner's request to your Board be granted the property will become, by Massac etts General laws Definition, a lodging house, (see attachments) and fall into a different classification of code requirement, necessitating the following changes: 1. A plan must be submitted to, and approved by the Salem Fire Department indicating the location of the detection system. 2. Emergency lighting must be provided. 3. The exterior entrance door leading to the basement must be a one hour rated door. 4. The existing heating boilers must be enclosed in a one hour rated room, with make-up air provided or the entire basement ceiling must be one hour rated. 5. Many areas of the asbestos pipe insulation in the basement are in poor condition. These must be repaired or removed and disposed of as per Health Department Regulations. 6. A Lodging House license must be obtained from the Licensing Board. 7. A Certificate of Inspection must be obtained from the Inspector of Buildings. Respectfully submitted, William H. Munroe Code Inspector -- Speed Lettere 44-902 Speed Letter To z)q, � ij From "/✓�Cl�ti //o �. Subject MESSAGE 1 Date o2 - Signe die �sw REPLY Date Signed WIISonJorleS RECIPIENT—RETAIN WHITE COPY. RETURN PIIVL. COQ GRAYI INL F0"M 44+ 2]MRI cre9]•RRIN rEO IN V SA 1184 BWLDINCc DEp-r The Commercelnsurance Cempany 211 Main Street, P.O. Box 758, Webster, Mass. 01570-0758 (508)949-1500 �l C' a member of rhe Commerce Group, Inc. FEB 23 AM !71 CLAIMS DEPT. RECEIVED 17Y OF SALEM,'-ASS. Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen Town/City Hall Town/City Hall SALEM MA 01970 SALEM MA 01970 RE : Our Insured : 59 LEACH STREET CONDO TRST Property Address : C/O TERRI GIVERSON UNIT #2 59 LEACH STREET SALEM MA 01970 Policy # : 567857 Loss of : 01/11/91 Loss # : 712256 Claim has been made involving loss , damage, or destruction of the above captioned property which may exceed $1, 000 , or cause Massachusetts General Laws , Chapter 143 , Section 6 to be applicable . If any notice under Massachusetts General Laws , Chapter 139, Section 3B is appropriate , please direct it to the attention of the writer and include a reference to the captioned insured , location , policy number , date of loss and loss number . PAUL SCHIAVONE Ext - 5629 CLAIMS DEPARTMENT On this date, I caused copies Of this notice t0 be sent to the persons indicated above, at the address above, by first class mail . February 05 , 1991 BOILER CRACKED aCurninCro Company GUM[ GnOW WITH US CIC 254 MAIL 185 i � f P . D . Box 926 Ma.rttehead MA 01 ='45 SAt Joe Lubas , Sanitarian ^"A5'S Salem Health Dept . North Street Salem , MA 01170 Re : your 1tr of January 23rd Gear Mr . Lubas; After talking with Mr . McIntosh and Captain Turner , it 4 my understanding that the items referred to in your letter may pertain to buildings which h.aue more than four apart- ments or are classified as rooming houses but that they are not required for one or two-family home '_ . I`leuerthele_ = - r item ogle wax remedied long ago. and item three is not Used wher someone I nI the house , but was r" ided as an addit- ional ddit—ii. i l security measure . Qr when tnehouse K :_1_ _ant . Sincerely , a � . David 0 . Dona? dson Cc• M Mc..�,vros�t . ! �'cawop4 /NM6 M! CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E BLENKHORN - 9 NORTH STREET HEALTH AGENT January 23, 1985 (617) 741-1800 Dave DogaLdson 29 Weatministar Rd Marblehead. Ma 01945 Dear Sir/Dear Mod= During an inspection of your property at 59'Leach St.let floor Salem,_Mass`'7 tenant(s) John GAllaeher and 3 others on 113/84 the following violation(s) were noted: PANTRY * 1. Right side of sink with disposal leaks ALL BEDROOMS ( 2. All bedrooms smoke detectors-must be wired__ An\ REAR MAIN EXIT DOOR * 3. Has double cylinder dead bolt that must be removed in favor of panic hardware REAR PORCH STAIRS * 4. Need handrail _ FRONT AND REAR HALLS {i 5. Meed hand-wired smoke detectors and emergency lights CELLAR STEPS 6. Should be made, firmer and hand-rail should be added 7. An enclosed boiler room is needed in basement 8. Some asbestos insulation is in poor repair and must be dealt with by an expert in the field Page 1 of 2 X tri M`"s ENT North Street j Salem, MA 01970 1 Page .2 of 2 Date: 1/23/85 Re: 59 Leach - aiem iar floor nan Tohn ailagher and-3 others To: Dave Donaldson 22 Westminister Rd Marblehead. Ma 01965 You are hereby. ORDERED to make a good faith.effort to correct these violations;, said corrections to commence immediately after receipt of this letter and to be completed no later than 24 hours ---Items ) , 3 and 4. All other items to be corrected within 30 days. Under Provisions of Chapter 2 of the State Code, the above are considered EMERGENCY CONDITIONS that may endanger or materially impair the health and/or safety and well- being of an occupant(s). Please notify the Health Department, by letter, of your intent to make these repairs. Also, please .be advised that the conditions which exist may permit the occupant(s) to exercise one or more statutory remedies which can include rent withholding. Failure on your part to comply within the specified time can result in a complaint in the Salem District Court. 410:850; - RIGHT TO HEARING: Unless otherwise specified in this Chapter, the following persons may request shearing before the Board of Health by filing a written Petition (a) . Any.person or persons upon whom any .order has been served pursuant to any regulation of:this Chapter (except. for:an Order issued after the requirements of 105 CMR 410.831 . have been satisfied; provided such Petition must be filed seven (7) days after the day . the Order was served. FOR. THE BOARD DOFF HJEEA�LLTTH'�� . REPLY T0: RO$ERBLENK1i0RN JOSEPH M. LUBAS Health:Agent Sanitarian Certified Mail # P443 500 216 Encls.. 1:: Procedures for filing' Petition . 2. Two-page Inapection:Report cc: - .% Building Inspector. Tenant' Electrical inspector Plumbing Inspector Fire Prevention; City Councillor Attorney i CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT CONUtt.4. GERARD KAVANAUGH CITY PLANNER ONE SALEM GREEN A 01970 (817)744.4580 ��tMNf January 4, 1985 Mr. James Hacker, Chairman Zoning Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: As per your request, on January 3, 1985, in the company of Health Department Sanitarian Joseph bubas, I inspected the property located at'59 Leach Street Awned by petitioner's David and Paula Donaldson and made the following observations.", The property is currently a two family dwelling with a large three car garage in the rear and presently occupied.by four Salem State students on the first level and a family on the second. The condition of both the interior and exterior was quite good, with the only problems noted being a leak at the kitchen sink and the fact that the existing smoke detectors were not operable probably due to dead batteries. However, should the petitioner's request to your Board be granted the property will become, by Massachusetts General laws Definition, a lodging house, (see attachments) and fall into a different classification of code requirement, necessitating the following changes: 1. A plan must be submitted to, and approved by the Salem Fire Department indicating the location of the detection system. 2. Emergency lighting must be provided. 3. The exterior entrance door leading to the basement must be a one hour rated door. 4. The existing heating boilers must be enclosed in'a one hour rated room, with make-up air provided or the entire basement ceiling must be one hour rated. 5. Many areas of the asbestos pipe insulation in the basement are in poor condition. These must be repaired or removed and disposed of as per Health Department Regulations. 6. A Lodging House license must be obtained from the Licensing Board. 7. A Certificate of Inspection must be obtained from the Inspector of Buildings. Respectfully submit ed, William H. Munroe Code Inspector e� 1;11 11 1 F ;I; 140 § 21F LICENSES ILII I� r t 1 Cross References , a Organizations to which this section is not applicable, see section 23E of this chap- •Y ter. LODGING HOUSES � = r u, is I22. Definition 1 "Lodging house", as used in sections twenty-two to thirty-one, inclusive, shall mean a house where lodgings are let to four or more * persons not within the second degree of kindred to the person con- , ? y ducting it, and shall include fraternity houses and dormitories of edu- cational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under section seventy-one of chapter one hundred and eleven or rest AT is homes so licensed, or group residences licensed or regulated by agen- cies of the commonwealth. Amended by St.1960, c. 740; St.1965, c. 171; St.1973, c. 481. h �, _r ':x' �• j Historical Note t!� '3`= �� ' St.1918, c.259, §1. "„ y ...�'' ' €•: i St.3960, c. 7.10, approved Oct. 29, modi- St.1973, c. 451, approved June 29, "�-i"t:"•- fled term "lodging house" to exclude 1973, modified the definition of "Lodging convalescent or nursing homes licensed house" by substituting "four" in lieu of under c. 111, § 71, or rest homes so ll- "five" or more persons, and by adding censed. the words "or group residences licensed or regulated by agencies of the common- St.1965, c. 171, approved Starch 1S, wealth" at the end thereof. 1965, extended term "lodging house" to include fraternity houses and dormito- "tz- ries of educational institutions. - Cross References _ Automatically closing and locking doors in certain apartment houses, see c. 143, I. §3R. s - _,�-,.,,,_:,;.. .. Innholders' licenses, form of, see section 3 of this chapter. '- Inspection of premises,see section 25 of this chapter. Reports to registrars of voters, required of innholders or keepers of lodging houses. .r, ,-•a.-`�- "`". see c. 51, $10A. Law Review Commentaries Regulation of buildings and facilities. �., Richard G. Huber, 6 Annual Survey of . =rW Slass.Law, Boston College, Is. 124 (1959). ev s Library References "yam < Innkeepers 0-3. C.J.S. Innkeepers$ I et seq. 418 r 5r r t , s: '•ray.�+•+v9 / -- _, � .�.,...y. .-..—._ate-•w _,.- t n ar LODGING.- HOUSES 140 § 23 'rL A Y Notes of Decisions ." - L Definition kr" "Lodging house" is house in which Term"lodging house" under zoning or- lodgings are let, especially a house other dinance implies degree of permanence in ° than an inn or motel. Selvetti v. Build- occupancy at least as distinguished from m ing Inspector of Revere (1985) 233 N.E. the transiency of hotel and motel accom- 2d 915, 353 Mass. 845, appeal after re- modations. Id. mand 249 N.E.2d 744,358 Mass.720. § 22A. Cooking facilities j } Notwithstanding any provision of law or any regulation, ordi- nance or by-law to the contrary, a lodging house where lodgings are let to more than five but less then twenty persons may furnish indi- vidual cooking facilities for the preparation, serving, eating and stor- age of food; provided that no such facility shall be furnished in a room having an area of less than one hundred fifty square feet. " Such facilities shall, in a single room, consist of a gas or electric plate, a refrigerator and hot and cold running water and in a unit consisting of two adjoining rooms shall consist of a gas or electric '' range, a sink with hot and cold running water, a refrigerator and storage area for food. Any facilities furnished under this section x , , shall comply with the building code applicable thereto. This section shall apply only to cities and town.-which accept its provisions. Added by St.1970, c. 859, § 1. a, Historical Note St,1970, a 859, § 1, was approved Aug. 31, 1970, and by section 2 made effective - ^-" Jan. 1, 1971. Library References Innkeepers G=9, C.J.S. Innkeepers §8 et seq. § 23. Term; fee A Licensing authorities may grant licenses for lodging houses which shall be for the period provided in sectio four, and shall ^ : charge for each license such fee, not exceedi�g >e dollars, as the city council or selectmen may establish, otherwise the same shall be i t; granted without charge. 4 ' Amended by St.1952, c. 577. St 197y c70 r , Historical Note St.1918,c.259,Ig 2,9. St.1922,c.59. ;W A second sentence, which provided for cution of violations thereof, was stricken . - the enforcement of certain sections by out by the 1952 amendment. ({ ' the licensing authorities and for prose- �i�1F tt 419 i, s 4' 4 yp� 1 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Kissachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HU.LIH AGENT January 23, 1985 (617) 741-1800 Dave Dc(Vakdson 22 WPstmin"IRt-eY Rd Marblehead, Ma 01945 Dear Sir/Dear MUCM During an inspection of your property at 59 Leach St�lst floor Salem, Maw tenant(s) John GAllagher and 3 others on 1/3/8 the following violation(s) were noted: PANTRY * 1. Right side of sink with disposal leaks ALL BEDROOMS 2. All bedrooms smoke detectors-must be wired REAR MAIN EXIT DOOR * 3. Has double cylinder dead bolt that must be removed in favor of panic hardware REAR PORCH STAIRS * 4. Need handrail - FRONT AND REAR HALLS 5. Heed hand-wired smoke detectors and emergency lights CELLAR STEPS 6. Should be made firmer and hand-rail should be added 7. An enclosed boiler room is needed in basement 8. Some asbestos insulation is in poor repair and must be dealt with by an expert in the field Page 1 of. 2 C � SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 Page 2 of 2 ' Date: 1/23/85 Re: 59 Leach St. Salem 1st- floor tenant John Gallagher and 3 others To: Dave Donaldson 22 Westminister Rd Marblehead, Ma 01945 You are hereby. ORDERED to make a good faith effort to correct these violations; said corrections to commence immediately after receipt of this letter and to be completed no later than 24 hours ---Items j, 3 and 4. All other items to be correctedwithin 30 days. Under Provisions of Chapter 2 of the State Code, the above are considered EMERGENCY CONDITIONS that may endanger or materially impair the health and/or safety and well- being of an occupants) Please notify the Health Department, by letter, of your intent to make these repairs. Also, please be advised that the conditions which exist may permit the occupant(s) to exercise one or more statutory remedies which can include rent withholding. Failure on your part to comply within the specified time can result in a complaint in the Salem District Court. 410:850; RIGHT TO HEARING: Unless otherwise specified in this Chapter, the following persons may request a hearing before the Board of Health by filing a written Petition (a) : Any person orpersons upon.whom any order has -been served pursuant to any regulation of this Chapter .(except for an Order issued after the requirements of 105 CHR 410.831 have been satisfied; provided such .Petition must be filed seven (7) days after the day . the Order was served. FOR THE BOAARRD. OOF�HEALTH REPLY TO: ROBBLEQQNRHORN JOSEPH M. LUBAS Health Agent Sanitarian Certified Mail 9 P443. 500 216 Encls: 1. '- Procedures. for filing Petition 2. Two-page Inspection Report cc: - X Building Inspector Tenant Electrical Inspector Plumbing Inspector Fire .Preventioni City Councillor Attorney y r • 53 Leach Street G UILDING 0EP _ Salem, Ma. 01970 OCT 2Z ig 22 AM '80 October 17, 1980 RECEIVED CITY OF SALEM,HASS. Mr. Robert Gauthier City Zoning Officer City Hall One Salem Green Salem, Ma. 01970 Dear Mr. Gauthier, Enclosed please find a copy of a plot plan of my property prepared by Essex Survey Service on October 15, 1980. You will find that the driveway belonging to David 0. Donaldson enchroaches over the property line onto my property. Not only is this enchroachment a zoning violation, but his entire driveway is also in violation because it is less that two feet from the property line. I talked to you over the telephone concerning this matter approximately one month ago. I ask you now to review the plot plan and take the appropriate measures against Mr. Donaldson. Thank you very much for your time spent on this problem and you may feel free to contact me at 744-0611 anytime if you have any questions. Very truly yours, John A. Barbaro r i t x 'kk �int�, rk s,rx V Q � ti fit' i, ,F F• 1[r 1 I r5 ji 1 iw. I -x oif/f'' I +! I I I PLOT RL AM OF LANG LoC-4TED W Pcav: R. e5V--, )-jS;�Pt. J-'?L )F UA/ JP�`P,EP.4�PE[D -I /�l T Gi `/J EYIh! /�wY�AYO 6r-"Q6 Y /s o s�°.gra )/98 INEPEBY CERT/FY 77V,47 7XE OIJIZOW!j.5 ,.. 426 WC,4760 ov TwE gewA/O A3 51104W I. (I E5`5&X SaevcrSE.BV/CE INC• • ` �; 7 ST,e6ET S4tEiYJ,�A,u SATE � /ST C°OA//J.S(/.P✓EY�"\t�.. _.�� 7J�// Attu of "Salem, 'fflassar4uutts � uhiit ProyertU PE;Iarfinen# j4 .... Puiiaing PPpurtmerd Robert E. Gauthier One Salem Green Z4s=IIz13 October 31, 1980 Mr. David Donaldson 59 Leach Street Salem, MA 01970 RE: 59 Leach St. , Salem Dear Mr. Donaldson: Enclosed is a plot plan prepared by Robert B. Bowman, _Registered -Land„Surveyor on-October 15, 1980. Per the Salem Zoning Ordinance - Supplementary Regulations Section VII, Paragraph E-2, the surfaced area of a parking lot, and all entrance and exit drives, shall be set back a minimum of two feet from all lot lines, except where an access driveway crosses the street lot line. A violation of the Zoning Ordinance is indicated at a distance of 48 feet to 97 feet from the front of the property line. Would you_kindly.see that this. situation is corrected as soon as possible. - Very truly yours, Ro ert E. Gauthier Building Inspector & Zoning Enforcement Officer REG:tc enc. 1 FIRST DISTRICT COURT OF ESSEX /'� APPLICATION FOR �✓V`R A COMPLAINT OR WARRANT V COMPLAINANT � C3�us ex La— ADDRESS ALLEGED DEFENDANr��U- �A P—A- 4, -20m'clr of ADDRESS 'S (4"05 76ir �Sj'L '"rte III House Contains More Than One 16nuly, DeSupi,nc Which Atlartment) //77 DATE OF BIRTH OFFENSE {� l) �lA. f tvN E\ ! 2c- l Li 7-va'ey"7 UP it 4-vC-0— (Give Chapter and Section o Statute, Ordinance or Regulation Violated) CirvLfivv� varn � DATE OF OFFENSE r'1'� PLACE OF OFFENSE (Or i1 for Non Support, Length of T ime Nu Support Had) STATE IF DEFENDANT ARRESTED _YES k<0 DATE OF ARREST WAS DEFENDANT BAILED _ YES _NO AMOUNT $ INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS LICENSE M ISSUED REGISTRATION a __ ISSUED OWNER INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS JUVENILE ADDRESS AGE FATHER ADDRESS MOTHER: ADDRESS -FAFACTS UPON WHICH YOU RELY FOR COMPLAINT TO ISSUE /NI "I ->0-i-, Pa/ i7. (9i )GL's u'i3O {J C U / a 'r i r L e.- Z C- yy'js U f-- d "14 -ie- %tOI�z - a /tor�. rs� -n o - rno t o r/�. �l. u n yq,,� vx a 7-, t'ovl r('n72 � � l A. wi, is ohm r .at k ��S a-C-, [AZ :T k s � Q ��' : `5 0 _vhf �_ sS � � ✓"I T/r s - WITNESSES _ C C'-'ZA 'VIA . DATE OF APPEARANCE IN COURT /-vcunici,b^ of17 ttlem, � tt�5tttljusett$ ett1 AGENDA �Janua- r 985 - 7:00_P..M. a 2nd-Floor=-One Salem Green 1 . Petition of David & Paula Donaldson for a Special Permit to allow six unrelated persons to reside in dwelling unit at C59-Leach'St. R-2 2. Petition of H n y-LaBrecque for Special Permit & Variance to divide nonconforming lot into two lots at 16 Ord St. R-1 3. Petition of Esther Realty Inc. for a Variance to allow B-2 uses in an R-1 Zone at 24, 16, 50 Adams St. , 330 & 314 Canal St. B-2/R-1 4. Everett & Patricia Mitchell for a Variance from side setbacks to allow construction of an addtion at 178 Ocean Ave. R-2 5. Petition of Robert Bramble for Special Permit to use carriage house as a single family residence at 74 Washington Sq. E. R-2 6. Petition of Donald & Paula Marsella for a Variance in accordance with Section ix e to allow parcel of land, as originally subdivided, to be conveyed to petitioners, property located at 36-40 Marlborough Rd. R-1 7. Petition of Donald Clarke for a Variance to allow the use of a portion of the building at 24 Congress St. (B-4) for the sale of alcoholic beverages on the premises. 8. Petition of Roman Catholic Archdiocese of Boston for a Variance from all density and setback requirements to construct a new facility at 292 Jefferson Ave. R-1