18 THORNDIKE STREET - ZBA (2) D p
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Legal Notice ert
WE
CRY OF SALEM diti
BOARD OF APPEAL at 1
745-9595 Ext.381 ise
Will hold a public hearing for all Se'
v persons interested in the petition
submitted by ROBERT MUNROE
Ei
requesting an Administrative Appeal EI
of the Salem Zoning Officers M
I. decision to cease and desist order R
of December 2,2003 for the property, 5;
located at 18 THORNDIKE STREET
U
R-2. ,Said hearing to be held .
WEDNESDAY, FEBRUARY 18,2004
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,Room 313.
Nina Cohen
(2/4, 11) Chairman
i
F
` COMPLAINT FILED£
• cc: CITY SOLICITOR - MAR. 23, 2004
BOARD OF APPEALS, CHAIRPERSON
BOARD OF APPEALS CITY OF SALEM, MA
'60 CAW 0 CLERK'S OFFICE
8� aadrvnmCo�t .9cet
�aite 1004 MAR 22 P I: I q
,9w.leim, ✓�avaac/zuvelta 09970
FW9",~ (978) 745-7575 " (978 745-93)5
BY HAND DELIVERY
March 22, 2004
City Clerk
City Hall
93 Washington Street
Salem, MA 01970
In re: Caryl N. Welch v. Board of Appeal of the City of Salem
Essex Superior Court Civil Action No. 04-0529A
To the City Clerk:
Pursuant to G.L. c. 40A, §17, you are hereby notified that I have filed the above action with the
Superior Court Department for Essex County, appealing from a decision of the Salem Board of
Appeal.
In accordance with the law, a copy of the Complaint and the Civil Action Cover Sheet is
presented herewith.
Very tr ly yours,
r�
I
Robert A. Munroe
RAM: kab
Enclosures
cc: Client
CIVIL ACTION DOCKETNO.(S) Trial Court of Massachusetts s\
COVER SHEET 041 _ Qjd j A Superior Court Department
County: ESSEX
— 9 1
CARY
PLAT - DEFENDANT(S) NINA COHEN, et als, MEMBERS OF
CARYL N. WELCH THE BOARD OF APPEALS, CITY OF SALEM
ATTORNEY,FIRM NAME,ADDRESS AND TELEPHONE ATTORNEY (it known)
Robert A. Munroe, Esq.
81 Washington St. , #4, Salem, MA01970
Board ofBar Overseers number.361280 ( 978-745-7575 )
Origin code and track designation
Place an x in one box only: ❑ 4. F04 District Court Appeal c.231, S. 97 &104 (After
® 1. F01 Original Complaint trial) (X)
❑ 2. F02 Removal to-Sup.Ct.C.231,s.104 ❑ 5. F05 Reactivated after rescript; relief from
(Before trial) (F) judgment/Order (Mass.R.Civ.P. 60) (X)
❑ 3. F03 Retransfer to Sup.Ct. C.231,s.102C (X) ❑ 6. E10 Summary Process Appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See reverse side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
C 02 Zoning Appeal ( F ) ( )Yes tX ) No.
The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine
money damages. For this form, disregard double or treble damage claims; indicate single damages only.
TORT CLAIMS
(Attach additional sheets as necessary)
A. Documented medical expenses to date:
1. Total hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
2. Total Doctor expenses . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
3. Total chiropractic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
4. Total physical therapy expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
5. Total other expenses (describe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
Subtotal $ . . . . . . . . . . . . .
B. Documented lost wages and compensation to date . . . . . . . . . . . . . . $
C. Documented property damages to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
D. Reasonably anticipated future medical and hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
E. Reasonably anticipated lost wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . .
F. Other documented items of damages (describe)
G. Brief description of plaintiff's injury, including nature and extent of injury (describe)
$ . . . . . . . . . . . . .
TOTAL $. .N/A . . . . . . .
CONTRACT CLAIMS
(Attach additional sheets as necessary)
Provide a detailed description of claim(s):
TOTAL $. .N/A . . . . . . .
PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR
COURT DEPARTMENT
Essex Superior Court Civil o. ESCV 2003-1858
"I hereby certify that 1 have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on
Dispute Resolution (SJC Rule :18) re uiring that I provide my clients with information about court-connected dispute
resolution services and discu s wit t m-the a antages and disadvantages of the various methods."
Signature of Attorney of Record �1�� DATE: 3
AOTC-6 mtc005-11199
A.O.S.C.1-2000
3. v�tco CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
9 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
mss
9q ....... TEL. (978) 745-9595
FAX (978) 740.9846 n
STANLEY J. USOVICZ, JR. O n `<
MAYOR t �p
y
y N c!>
1 O�
cal -n m
DECISION ON THE PETITION OF ROBERT MUNROE REQUESTING AN Tg
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNDIKE
��
STREET R-2 w
Cr
Ahearing on this petition was held on February 18, 2004 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Nicholas Helides, Stephen
Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and
notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal of the Salem Zoning Officers decision
tc cease and desist order of December 2, 2003 for the property located at 18 Thorndike
Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner appeals an order of the City of Salem Building Commissioner, issued on or
about December 2, 2003, ordering petitioner to cease and desist all nonresidential
activities upon the property at 18 Thorndike Street ("the property"). Petitioner's
client, Carol Welch, is a trustee of the property owner, Welch Family Trust.
2. Mr. St Pierre testified that he was asked by neighbors to determine whether the
owners have operated a construction yard at the site, and he did so. Following his
investigation Mr. St. Pierre determined that the use of the property as a construction
yard had been abandoned for at least 24 months on two occasions since 1998.
3. On behalf of his client Mr. Munroe presented the Board with evidence in the form of
testimony by Welch employee Bill McHugh supporting petitioner's assertion that
petitioner had continuously operated a construction yard on the property during the
period from 1989 to the present. Mr. McHugh stated that within a building on the site
petitioner had stored a forklift, two excavators, a compressor, a trailer, a front- end
loader apparently there are also some sections of concrete pipe partially buried on
the property. Mr.McHugh stated that he entered onto the property more frequently
Than every two years to operate the equipment stored in the building there.
4. Mr. McHugh also stated that for the past two yeas he has resided in Jersey City,
New Jersey.
5. Neighbors' testimony was presented to the Board both supporting and opposing
petitioner's assertion. Testimony of Michael Cocozella of 15 Hubon St. stated that
he has lived at his present address since 1987 and had observed that the property
was not used for any purpose from 1991 to 1994, and that it was also used for any
purpose from 1997 until spring, 2002.
Fdated
C10 inst. tl17BK i6l93 PG 2tL:r- 4FIDUCIARY DEED
THOMAS MULCAHY, Trustee ofThe Welch Family Trust under a Declaration of Trust
December 1, 1992, and recorded with Essex South District Registry of Deeds at Book
6312,Page 407, of Marblehead, Massachusetts, for nominal consideration paid, grams CO CARYL
N. WELCH, of 38 Gingerbread Hill, Marblehead, Massachusetts:
PARCEL 1:
A certain parcel of land situate in Salem in the County of Essex bounded and described as
follows:
Beginning at the corner of Thorndike Street and "Private Way" at Lot No. 9 on plan hereinarter
referred to; thence running by said Lot No. 9, first, 40 feet, then 40.5 feet, then 10 feet and
continuing Northwesterly by land formerly of Hurley about 70 feet to the water; thence fuming
and running Northeasterly by the water about 72 feet; thence turning and running Southeasterly
by land of owners unknown and by Lot No. 17, about 201 feet to a comer; thence fuming and
running Northeasterly by said Lot No. 17, 45 feet to Hubon Street; thence turning and running
Southeasterly by said Hubon Street, 165 feet to land now or formerly of Eliason; thence turning
and running about Southerly 132 feet; thence turning and ntnning Northwesterly 86 feet, thence
turning and nuuutlg Southwesterly by Lot No. 6, 62 feet to no Street; thence fuming and
running Northwesterly by Thorndike Street 25 feet to land now or formerly of Mackie; theme
turning and running Northeasterly by said land of Mackie about 75 feet; thence turning and
running Northwesterly by said land of Mackie, and by Lots No. 7 and No. 8, about 120 feel,
thence fuming and running Southwesterly by Lot No. 8, 75 feet to Thorndike Street; thence
turning and running Northwesterly by said Thorndike Street about 25 feet to the point of
beginrrirtg.
I
Being Parcel 11 in a deed of J. Norman Welch, Jr., Trustee of Front Street Realty Trust, doted
December 30, 1976, and recorded with Essex South District Registry of Deeds at.�Book 63t2,
Page 416.
PARCEL Il:
Certain real estate situate in Salem, in the County of Essex, described as follows:
The land located off No. 434 Lafayette Street, Salem, Massachusetts, comprising approximately
two acres and 29,346 square feet of land.
Being Parcel IIl in a deed of J. Norman Welch, Jr., Trustee of Front Street Realty Trust, dated
December 30, 1976, and recorded with Essex South District Registry of Deeds at Book 6312,
JAA2S A PrTERSON
Attorney at La-.v
81 Washington Street, Suite 10
Sa]em, Massachusetts 01970
CITY OF SALEMt MASSACHUSETTS
3 PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
1' rA SALEM, MA 01970 -
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
September 3, 2002
Welch Family Trust
ATTN: Bill McHugh
P.O. Box 58
Marblehead, Ma. 01945
Dear Mr. McHugh:
Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2
residential two family district. Any use inconsistent with this district must be a prior
existing non-conforming use. There is an argument to be made that a grandfathered use
exists with respect to the Welch Family Trust for a construction yard. However, no other
uses are gratdfathered.
In my opinion, leasing out areas of the lot for different uses is not allowed under existing
zoning or any prior non-conforming use. As such, you are hereby directed to cease and
desist such uses within 30 days upon receipt of this letter.
Additionally, you were contacted by Inspector DiPaolo regarding the condition of the
building located on this lot. You are directed to contact Mr. DiPaolo to arrange an
inspection of the building (Mass Bld Code 780 CMR, Section 103)
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
Councillor Harvey
Councillor Flynn
Assistant City Solicitor, Jim Gilbert
r. I 1 J.
° RECEIVED
CITY OF SALEM, MASSACHUSETTS � .2003
?I PUBLIC PROPERTY DEPARTMENT
q� 120 WASHINGTON STREET, 3RD FLOOR
` MMB SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-
9595 EXT. 380
MAYOR FAX: 978-740-9846
December 2, 2003
Carol Welch
c/o Attorney Robert Munroe
81 Washington Street
Salem, Ma.01970
RE: Huborn and Thorndike Street
Dear Attorney Munroe:
The property above has in my opinion reverted back to the original R-2 zoning. Allowed
uses in Section 5-2(b) (R-2 Districts) of the Salem Zoning Ordinance do not allow renting
the property for contracting uses or-for storage of equipment. (See enclosed copy of
section)
It is clear from the affidavits filed in the civil case that any and all nonresidential uses
have been abandoned and/or lapsed as a matter of law insofar as commercial activity was
halted on at least two occasions for more than two years.
Your client is hereby ordered to cease and desist all nonresidential activities on this
property within 30 days upon receipt of this letter.
If you have any further questions, please contact me directly.
Sin ely,
Thomas St. Pierre
Zoning Officer
cc: John Keenan, Solicitor
Kevin Harvey, Councilor at Large
Regina,Flynn, Ward Two Councilor,
Mike Sosnowski, Ward Two Councilor - Elect
r-. I L tL
CITY OF-qxl* M, MMUCHUSETTS
BOERD OF"PEAL
o � I
TO THE DOMM OFAPPEEIe
The Undersigned represent that they are the owner(s)of a certain parcel of land located at
18 Thorndike Street; Zoning District R-7 -
and said parcel'is affected bySectlon(a) N/A of the Massachusetts State Building Code.
Plana describing the work proposed haw been eubmltisd to the Iruptoor of Buildings In aovordaaoi with Section Ix
A.I of the Zoning Ordinance.
This is an appeal of an administrative decision and cease and desist order
of the Zoning Officer of the City of Salem.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s);
This is an appeal of an administrative decision and cease and desist order
of the Zoning Officer of the City of Salem.'
The Undersigned hereby petitions the Board of Appeal to very the tarns of the Salem Zoning Ordinance and/or the
Building Code and order the Inspector of Buildings to approve the application fee permit to build u Bled, 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 derogating from the Intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
Petitioner appeals from the. December 2, 2003 decision of the City' s
Zoning Officer that the property at 18 Thorndike Street (Assessor' s
-
Parcel ID' 37-0038-0, Map 37, Lot 38) has reverted back to an R-2 use, that
all nonresidential uses thereon have been abandoned, and ordering the
petitioner to cease and desist all nonresidential activities upon the
property. -
(PLEASE PC No.l
Owner: C Welch .Petitioner. Robert A. Mnnrna E5
c/o 81 Washington St. , #4 81 Washington St. 44
Address: c,1om, Ma 01978 Address:
M 01979
TeI.No. 978 745 7575 Tel.No. 97 745 1575^
Date: (Signature) Pj3cJ 03 .
This original application must be filed with the City Clerk A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clark to.then be filed with the Secretary of the Board of Appeal , tour
weals prior to the meeting of the Board of Appeal, along with a check for.advertising In the amount of
$ ,made payable to the'Salem Evening News'.
A TRITE COPY
o CITY OF SALEM, MASSACHUSETTS'/Ty OF
BOARD OF APPAL
l120 WASHINGTON STREET,3RD FLOOR C�`nr'I J OFF C.E'^
SALEM, MA 01970 -
.p�,G TEL. (978) 745.9595
FAX (978) 740-9846 1004.yAR 2•
STANLEY J. USOVICZ, JR. -3 P
MAYOR 3b
DECISION ON THE PETITION OF ROBERT MUNROE REQUESTING AN
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNDIKE
STREET R-2
A hearing on this petition was held on February 18, 2004 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Nicholas Helides, Stephen
Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and
notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal of the Salem Zoning Officers decision
to cease and desist order of December 2, 2003 for the property located at 18 Thorndike
Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner appeals an order of the City of Salem Building Commissioner, issued on or
about December 2, 2003, ordering petitioner to cease and desist all nonresidential
activities upon the property at 18 Thorndike Street ("the property"). Petitioner's
client, Carol Welch, is a trustee of the property owner, Welch Family Trust.
2. Mr. St Pierre testified that he was asked by neighbors to determine whether the
owners have operated a construction yard at the site, and he did so. Following his
investigation Mr. St. Pierre determined that the use of the property as a construction
yard had been abandoned for at least 24 months on two occasions since 1998.
3. On behalf of his client Mr. Munroe presented the Board with evidence in the form of
testimony by Welch employee Bill McHugh supporting petitioner's assertion that.
petitioner had continuously operated a construction yard on the property during the
period from 1989 to the present: Mr. McHugh stated that within a building on the site
petitioner had stored a forklift, two excavators, a compressor, a trailer, a front- end
loader apparently there are also some sections of concrete pipe partially buried on
the property. Mr.McHugh stated that he entered onto the property more frequently
Than every two years to operate the equipment stored in the building there.
4. Mr. McHugh also stated that for the past two yeas he has resided in Jersey City,
New Jersey.
5. Neighbors' testimony was presented to the Board both supporting and opposing
petitioner's assertion. Testimony of Michael Cocozella of 15 Hubon St. stated that
he has lived at his present address since 1987 and had observed that the property
was not used for any purpose from 1991 to 1994, and that it was also used for any
purpose from 1997 until spring, 2002.
CITY OF SALFM
CLERX. -S Q t h11A
DECISION OF THE PETITION OF ROBERT MUNROE REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNQ1h� _3 P
STREET R-1 21361
page two
6. Testimony of Lori Swezey of 10 Hubon St. stated that she observed no use of the
property by anyone from February 2001 until Spring 2002 when the property began
to be used by an electrician to store equipment for his electric company. After that,
according to her testimony, the property was used to store vehicles.
7. Michael Swezey also testified that since he moved into the house at 10 Hubon St
He had never seen any construction work at the property, and had never observed
anyone working in the shed.
8. Also testifying that the property has not been used as a contractor's yard were Mr.
Kevin Harvey Councilor at Large for the City of Salem and Bill Simmons of 19 Hubon
Street.
9. Patrick Murtagh of 17 Hubon St., stated the he move into the neighborhood in 1997,
And that he saw pickup trucks being worked on at the property about 3 years ago.
Additionally he stated he saw someone using a bobcat to clear the yard.
Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for
the Board to support John Keenan's opinion and stand behind the Building Inspector
with regards to 18 Thorndike Street with a vote of 4-1 to deny the petitioners appeal.
Cohen
��C�
Nina
Board of Appeal Csc
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws, Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to.Massachusetts
General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certificate of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
CITY OF SALEM, MASSACHUSETTS
3 PUBLIC PROPERTY DEPARTMENT
120HINGTON STREET, 3RD FLOOR
WASSALEM, MAO1970
°gym TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
September 3, 2002
Welch Family Trust
ATTN: Bill McHugh
P.O. Box 58
Marblehead, Ma. 01945
Dear Mr. McHugh:
Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2
residential two family district. Any use inconsistent with this district must be a prior
existing non-conforming use. There is an argument to be made that a grandfathered use
exists with respect to the Welch Family Trust for a construction yard. However, no other
uses are gratdfathered.
In my opinion, leasing out areas of the lot for different uses is not allowed under existing
zoning or any prior non-conforming use. As such, you are hereby directed to cease and
desist such uses within 30 days upon receipt of this letter.
Additionally, you were contacted by Inspector DiPaolo regarding the condition of the
building located on this lot. You are directed to contact Mr. DiPaolo to arrange an
inspection of the building (Mass Bld Code 780 CMR, Section 103)
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
G� �b�O �c��ZIV--aPjl�Q
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
Councillor Harvey
Councillor Flynn
Assistant City Solicitor, Jim Gilbert
Ekh, b�+ i3
CITY OF SALEM, MASSACHUSETTS RECEIVE® - 2003
PUBLIC PROPERTY DEPARTMENT
�g�M1N6D�� 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
December 2, 2003
Carol Welch
c/o Attorney Robert Munroe
81 Washington Street
Salem, Ma. 01970
RE: Hubom and Thorndike Street
Dear Attorney Munroe:
The property above has in my opinion reverted back to the original R-2 zoning. Allowed
uses in Section 5-2(b) (R-2 Districts) of the Salem Zoning Ordinance do not allow renting
the property for contracting uses or for,storage of equipment. (See enclosed copy of
section)
It is clear from the affidavits filed in the civil case that any and all nonresidential uses
have been abandoned and/or lapsed as a matter of law insofar as commercial activity was
halted on at least two occasions for more than two years.
Your client is hereby ordered to cease and desist all nonresidential activities on this
property within 30 days upon receipt of this letter.
If you have any further questions, please contact me directly.
Sin rely,
Thomas St. Pierre
Zoning Officer
cc: John Keenan, Solicitor
Kevin Harvey, Councilor at Large
Regina Flynn, Ward Two Councilor,
Mike Sosnowski, Ward Two Councilor - Elect
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . SUPERIOR COURT DEPT.
Docket No . ESCV2003-1858
CARYL N. WELCH,
Plaintiff
vs . AFFIDAVIT OF
MICHAEL COCOZELA
CITY OF SALEM,
Defendant
I , Michael Cocozella, hereby state and depose :
1 . My name is Michael Cocozella and I reside at 15 Hubon
Street, Salem, Massachusetts with my wife, Kathleen and
our children, Christopher (15) and Matthew (9) .
2 . I have lived with my wife at 15 Hubon Street since 1987
when we purchased our home there .
3 . Our property abuts the property owned by the Plaintiff,
commonly known and numbered as 18 Thorndike Street
( "property" as referenced in the verified complaint) .
4 . On more than one occasion the property has not been
used for any purpose for a period of more than two
years continuously, from about 1991 to 1994 the
property was not used for any purpose, commercial or
otherwise . Again, from about 1997 to the Spring of
2002 the property was not used for any purpose .
1
4
.f
A 5 . In between these two periods, the property was not used
by Welch Construction but by the state . From
approximately 1994 to 1997, the state highway
department used the area as a staging and preparation
area for the construction of the Salem Beverly Veterans
Memorial Bridge.
6 . It was not until recently, about Spring 2002 , that the
property began to be used by the electrician who lives
on the corner. At that time, I noticed a single
trailer apparently being used for storage for his
electric company. Prior to that, there were no
trailers on the lot .
7 . During the summer of 2002 , the lot was also being used
for storage of new vehicles (trucks mostly) apparently
awaiting service by Brake & Clutch on Bridge Street .
8 . I have not seen any activity on the property by Welch
Construction for close to a decade .
9 . As the property is not completely fenced off, I am
concerned that our children will go on the property and
get hurt .
10 . The electrician runs a live extension cord from his
house on the corner onto the property and into the
trailers for light . Even in the winter, he had these
cords running through the snow and puddles into the
trailers .
2
11 . Hubon Street is mostly residential . I believe the
commercial use of the property was abandoned on more
than one occasion and that the parcel should lose
whatever grandfathered status it once had and be used
only for the allowed residential uses in this two
family zone .
12 . The plaintiff has continually failed to maintain the
property including : overgrowth of weeds and shrubbery,
storage of unregistered vehicles, logs and various
other debris . It' s an eyesore .
13 . The property has become an attraction to various and
numerous rodents : raccoons, skunks, squirrels and
woodchucks .
14 . The property, in my opinion, has become a detriment to
the health and welfare of our residential street .
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS J Z DAY
OF OCTOBER, 2003 .
Michael Cocoze a
3
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . SUPERIOR COURT DEPT.
Docket No. ESCV2003-1858
CARYL N. WELCH,
Plaintiff
Vs . AFFIDAVIT OF
LORI SWASEY
CITY OF SALEM,
Defendant
I, Lori Swasey, hereby state and depose :
1 . My name is Lori Swasey and I reside at 10 Hubon Street,
Salem, Massachusetts with my husband, Michael and our
seven-year-old son, Jonathan.
2 . I moved to 10 Hubon Street in February 2001 . At that
time, being winter, there was no growth around the
property owned by the Plaintiff, commonly known and
numbered as 18 Thorndike Street ( "property" as
referenced in the verified complaint) . I did not see
any trailers stored on the property at this time . In
fact , there appeared to be no use of the property by
anyone .
1
. i
3 . I grew up only a few blocks away on Rice Street and as
such was familiar with the property when used as a
construction yard by Welch Construction. I do remember
it being used by Welch, but that was close to a decade
ago.
4 . Our house is directly across the street from the
property. My house and this property are in an R-2
Zoning District (essentially residential , two-family
uses) .
5 . It was not until recently, on or about Spring 2002 ,
that the property began to be used by the electrician
who lives on the corner. At that time, I noticed a
single trailer apparently being used for storage for
his electric company. Prior to that, there were no
trailers on the lot .
6 . During the summer of 2002 , the lot was also being used
for storage of new vehicles .
7 . As the property is not completely fenced off , I am
concerned that my son will go on the property and get
hurt .
8 . The electrician runs a live extension cord from his
house on the corner onto the property and into the
trailers for light . It appears to be connected all the
time as there is a motion detector light that is often
activated at night and goes on.
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9 . I moved to Hubcn Street with the expectation and
understanding that the property was no longer being
used commercially. When I moved there, there was no
commercial activity on the property. I want to see the
property either remain vacant and unused, as was the
case in February 2001, or be sold and used
residentially in accordance with the Salem Zoning
Ordinance .
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS DAY
OF OCTOBER, 2003 .
i Swasey
3
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . SUPERIOR COURT DEPT.
Docket No. ESCV2003-1858
CARYL N. WELCH,
Plaintiff
vs . AFFIDAVIT OF
MICHAEL COCOZELA
CITY OF SALEM,
Defendant
I , Michael Cocozella, hereby state and depose :
1 . My name is Michael Cocozella and I reside at 15 Hubon
Street, Salem, Massachusetts with my wife, Kathleen and
our children, Christopher (15) and Matthew (9) .
2 . I have lived with my wife at 15 Hubon Street since 1987
when we purchased our home there .
3 . Our property abuts the property owned by the Plaintiff,
commonly known and numbered as 18 Thorndike Street
("property" as referenced in the verified complaint) .
4 . On more than one occasion the property has not been
used for any purpose for a period of more than two
years continuously, from about 1991 to 1994 the
property was not used for any purpose, commercial or
otherwise . Again, from about 1997 to the Spring of
2002 the property was not used for any purpose .
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S . In between these two periods, the property was not used
by Welch Construction but by the state . From
approximately 1994 to 1997, the state highway
department used the area as a staging and preparation
area for the construction of the Salem Beverly Veterans
Memorial Bridge .
6 . It was not until recently, about Spring 2002 , that the
property began to be used by the electrician who lives
on the corner. At that time, I noticed a single
trailer apparently being used for storage for his
electric company. Prior to that, there were no
trailers on the lot .
7 . During the summer of 2002 , the lot was also being used
for storage of new vehicles (trucks mostly) apparently
awaiting service by Brake & Clutch on Bridge Street .
8 . I have not seen any activity on the property by Welch
Construction for close to a decade .
9 . As the property is not completely fenced off, I am
concerned that our children will go on the property and
get hurt .
10 . The electrician runs a live extension cord. from his
house on the corner onto the property and into the
trailers for light . Even in the winter, he had these
cords running through the snow and puddles into the
trailers .
2
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11 . Hubon Street is mostly residential . I believe the
commercial use of the property was abandoned on more
than one occasion and that the parcel should lose
whatever grandfathered status it once had and be used
only for the allowed residential uses in this two
family zone .
12 . The plaintiff has continually failed to maintain the
property including: overgrowth of weeds and shrubbery,
storage of unregistered vehicles, logs and various
other debris . It' s an eyesore .
13 . The property has become an attraction to various and
numerous rodents : raccoons, skunks, squirrels and
woodchucks .
14 . The property, in my opinion, has become a detriment to
the health and welfare of our residential. street .
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS L2 DAY
OF OCTOBER, 2003 .
Michael Cocoze a
3
COMMONWEALTH OF MASSACHUSETTS
J
ESSEX, ss . SUPERIOR COURT DEPT.
Docket No. ESCV2003-1858
CARYL N. WELCH,
Plaintiff
Vs . AFFIDAVIT OF
LORI SWASEY
CITY OF SALEM,
Defendant
I, Lori Swasey; hereby state and depose :
1 . My name is Lori Swasey and I reside at 10 Hubon Street,
Salem, Massachusetts with my husband, Michael and our
seven-year-old son, Jonathan.
2 . I moved to 10 Hubon Street in February 2001 . At that
time, being winter, there was no growth around the
property owned by the Plaintiff, commonly known and
numbered as 18 Thorndike Street ( "property" as
referenced in the verified complaint) . I did not see
any trailers stored on the property at this time . In
fact , there appeared to be no use of the property by
anyone .
1
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3 . I grew up only a few blocks away on Rice Street and as
such was familiar with the property when used as a
construction yard by Welch Construction. I do remember
it being used by Welch, but that was close to a decade
ago.
4 . Our house is directly across the street from - the
property. My house and this property are in an R-2
Zoning District (essentially residential , two-family
uses) .
5 . It was not until recently, on or about Spring 2002 ,
that the property began to be used by the electrician
who lives on the corner. At that time, I noticed a
single trailer apparently being used for storage for
his electric company. Prior to that, there were no
trailers on the lot .
6 . During the summer of 2002 , the lot was also being used
for storage of new vehicles .
7 . As the property is not completely fenced off, I am
concerned that my son will go on the property and get
hurt .
8 . The electrician runs a live extension cord from his
house on the corner onto the property and into the
trailers for light . It appears to be connected all the
time as there is a motion detector light that is often
activated at night and goes on.
2
9 . I moved to Hubon Street with the expectation and
understanding that the property was no longer being
used commercially. When I moved there, there was no
commercial activity on the property. I want to see the
property either remain vacant and unused, as was the
case in February 2001, or be sold and used
residentially in accordance with the Salem Zoning
Ordinance .
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS f7 QDAY
OF OCTOBER, 2003 .
i Swasey
3
0
CITY OF SALEM, MASSACHUSETTS
= PUBLIC PROPERTY DEPARTMENT
a a a
9
�✓' 120 WASHINGTON STREET, 3RD FLOOR
9e�M11V6 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 .
MAYOR FAX: 978-740-9846
December 2, 2003
Carol Welch copy
c/o Attorney Robert Munroe
81 Washington Street
Salem, Ma. 01970
RE: Hubom and Thorndike Street
Dear Attorney Munroe:
The property above has in my opinion reverted back to the original R-2 zoning. Allowed
uses in Section 5-2(b) (R-2 Districts) of the Salem Zoning Ordinance do not allow renting
the property for contracting uses or for storage of equipment. (See enclosed copy of
section)
It is clear from the affidavits filed in the civil case that any and all nonresidential uses
have been abandoned and/or lapsed as a matter of law insofar as commercial activity was
halted on at least two occasions for more than two years.
Your client is hereby ordered to cease and desist all nonresidential activities on this
property within 30 days upon receipt of this letter.
If you have any further questions, please contact me directly.
Sin .ely,
Thomas St. Pierre
Zoning Officer
cc: John Keenan, Solicitor
Kevin Harvey, Councilor at Large
Regina Flynn, Ward Two Councilor
Mike Sosnowski, Ward Two Councilor - Elect
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, 4 5-2
ARTICLE V.USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Sec. 5.1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis-
fied.As explained in section 5-3(h)(3), "prohibited (6) Private garages and other accessory uses
uses"are those which shall be specifically prohib- and buildings,provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3.1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural,horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2). Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
ings in the district allows such parking for the Rooming
storage of commercial motor vehicles.
(4) Historic buildings open to the public.
Sec. 5.2. Permitted uses. (5) Museums.
(a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S.Public Housing Ad-
a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article VI herein. (c) R-3 Districts. The following are permitted
b. No storage of manure or odor- or dust- uses in the multifamily residential districts:
producing substance and no building
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred(100) (2) Multifamily dwellings.
feet of any property line.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated within fifty (50) feet of the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
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