78A WEBB STREET - ZBA (3) 78A Webb St. R-2
J James W. Shea —
d/b/a Professional Roofing
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Tierney, Kalis, Adamopoulos & Lucas
Attorneys at Law
133 Washington Street,SaleMePfAPP&Tnu;jttS A998 (508) 741-0862
John F.Tierney
Robert I. Kalis
Kevin Daly, Esq. Anthony C.Adamopoulos
One Church St. Henry A. Lucas,Jr.
Salem, MA 01970 Lora M.McSherr
Board of Appeals
City of Salem
1 Salem Green
Salem, MA 01970
George W. Atkins, III, Esq.
Ronan, Segal & Harrington
59 Federal St.
Salem, MA 01970
RE: Joseph R. Collins . et als, v. James W. Shea, et al
Essex Civ. Act. No. 85-21
Mr. Atkins, Members of the Board and Mr. Daly:
Enclosed pursuant to Superior Court Rule 9A please find a
copy of Defendant James W. Shea's Motion to Dismiss together with
reasons therefore. In accordance with said rule, I shall await
10 days after service of this motion upon you plus an additional
3 business days thereafter and then file with the clerk my Motion
and, if filed, any opposition thereto. Failing any opposition,
I shall file my Motion with the appropriate list and Affidavit
reciting compliance.
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cc: James W. Shea
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COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
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ESSEX, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 85-21
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JOSEPH R. COLLINS, ET AL, ) �
PLAINTIFFS )
V. ) MOTION OF DEFENDANT
JAMES W. SHEA TO DISMISS
ACTION
JAMES W. SHEA, ET ALS, ) (WITH REASONS)
DEFENDANTS )
Now comes the defendant, James W. Shea and moves this Court
pursuant to Mass. R. Civ. Proc. Rule 41(b) (2 ) to dismiss the
above action for failure of plaintiff to prosecute same.
I
As a basis therefore, defendant states that by complaint !
dated January 4, 1985 the plaintiffs took appeal from a decision
of the defendant Board of Appeals, City of Salem, with respect to
the defendant Shea's Petition/Application of Special Permit for ,
Extension of a Non-Conforming Structure and use of the premises )
at 78A Webb St. , Salem, MA to allow for the addition of a second
story and the use of the premises as a roofing business.
j ,
Thereafter, upon a motion of defendant James Shea, this
court on March 6, 1985 entered a summary judgment in favor of thel
defendant Shea and against defendants Michael E. Pelletier andl,
Ann Pelletier dismissing the complaint of plaintiffs Michael E.
Pelletier and Ann Pelletier against defendant James W. Shea.
As a result, only Joseph R. Collins and Helen Collins remain
as plaintiffs in this action and they have taken no action tol
prosecute this case since its inception. Past efforts of defen- 1
dants counsel to procure, upon direction of the civil clerk, a
joint motion for placement on the advanced trial list has not )
been successful. r
WHEREFORE, defendant Shea moves that this matter be dis- 1
missed.
Respectfully submitted
James W. Shea, Defendant
I; By His Attorney,
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John F. Tierney
Tierney, Kalis, Adamopoulos
& Lucas
133 Washington St.
II Salem, MA 01970
�I (508) 741-0862
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CERTIFICATE OF SERVICE
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Now comes the undersigned and states under oath that he has
served notice of the foregoing Motion upon plaintiffs' counsel
George W. Atkins, III, Esq. , Ronan, Segal & Harrington, 59 Fed-
eral St. , Salem, MA 01970 (Successor Counsel to David J. Halli-
nan, Esq. ) and to the other defendants, as they are the members
of the Board of Appeals of the City of Salem by copy hereof
addressed to said Board c/o Board of Appeals, City of Salem, 1
Salem Green, Salem, MA 01970 and by copy to the City Solicitor,
Kevin Daly, Esq. , 1 Church St. , Salem, MA 01970 pursuant to Supe-
rior Court Rule 9A.
December 11, 1990
John F. Tierney
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Tierney, . Kalis & Lucas
Attorneys at Law
133 Washington Street, Salem, Massachusetts 01970 (508) 741-0862 Fax: (508) 745-6909
John F. Tierney
Robert I. Kalis
Henry A. Lucas, Jr.
Lora M. McSherry
January 23, 1991
Essex County Superior Court
Civil Session
34 Federal Street
Salem, MA 01970
Re: Collins , et al. v. Shea, et al.
Civ. Act. No. 85-21
To the Clerk/Magistrate:
Enclosed please find the following documents to be docketed
and brought to the Court's attention.
Please note copies have been sent to all opposing counsel.
Very truly yours,
J " ey
ierney'
JFT/ljg
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cc: George Atkins, Esq
Board of Appeals J
Kevin Daly, Esq.
COMMONWEALTH OF MASSACHUSETTS
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THE TRIAL COURT
j ESSEX, SS. SUPERIOR COURT DEPARTMENT
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CIVIL ACTION NO. 85-21
I!
JOSEPH R. COLLINS, ET AL, )
i PLAINTIFFS )
V ) LIST OF DOCUMENTS
FILED PURSUANT TO SUPERIOR
COURT RULE 9A
it JAMES W. SHEA, ET ALS, )
DEFENDANTS )
I� The following documents filed herewith are as follows:
l
Motion of Defendant James W. Shea to Dismiss
iiAction (with reasons)
Opposition to Motion to Dismiss Action
i
Respectfully submitted
James W. Shea, Defendant
jl By His Attorney,
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i; January 23 , 1991 John V. Tierney
j Tierney, Kalis, ?Nmopoulos
& Lucas
it 133 Washington St.
Salem, MA 01970
i, (508) 741-0862
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COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
ESSEX, SS . SUPERIOR COURT DEPARTMENT
r
CIVIL ACTION NO 85-21
ij JOSEPH R. COLLINS, ET AL,
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PLAINTIFFS )
OPPOSITION TO MOTION
V. ) TO DISMISS ACTION
JAMES IW. SHEA, ET ALS� )
DEFENDANTS )
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Now comes the plaintiffs, Joseph R. Collins, et al, an d
state that they oppose defendant's motion to dismiss on the
grounds that they have been and are presently prepared for
trial .
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ji Respectfully submitted,
Joseph R. Collins, et al,
Plaint-iffs
Their Attorney,
orge W. Atk' III
Ronan, Segal arrington
59 Federal Street
Salem, MA 01970
508/744-0350
CERTIFICATE OF SERVICE
I , George W. Atkins, III , hereby certify that a copy of the
within Opposition to Motion to Dismiss was served by mailing
same, postage prepaid, to John F. Tiern y, Esq. , Tierney, Kalis,
Adamopoulos & Lucas, 133 Washingto treet, Salem, MA 01970
George W. A ins, III
#023350
Ronan, Sal & Harrington
59 Federal Street
Salem, MA 01970
Dated: January 11, 1991 508/744-0350
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!1 COMMONWEALTH OF MASSACHUSETTS
I THE TRIAL COURT
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j ESSEX, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 85-21
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JOSEPH R. COLLINS, ET AL, )
PLAINTIFFS )
it V. ) MOTION OF DEFENDANT
{ ) JAMES W. SHEA TO DISMISS
ACTION
JAMES W. SHEA, ET ALS, ) (WITH REASONS)
�.I DEFENDANTS ) j
{f Now comes the defendant, James W. Shea and moves this Court
I� pursuant to Mass. R. Civ. Proc. Rule 41(b) ( 2) to dismiss the .
above action for failure of plaintiff to prosecute same.
�! As a basis therefore, defendant states that by complaint
(•! dated January 4 , 1985 theplaintiffs took appeal from a decisions
of the defendant Board of Appeals, City of Salem, with respect to !
the defendant Shea's Petition/Application of Special Permit for '
Extension of a Non-Conforming Structure and use of the premises ,
I; at 78A Webb St. , Salem, MA to allow for the addition of a second ,
Ef story and the use of the premises as a roofing business.
Thereafter, upon a motion of defendant James Shea, this :
court on March 6, 1985 entered a summary judgment in favor of the
defendant Shea and against defendants Michael E. Pelletier and !.
Ann Pelletier dismissing the complaint of plaintiffs Michael E.
j Pelletier and Ann Pelletier against defendant James W. Shea.
it
As a result, only Joseph R. Collins and Helen Collins remain
I{ as plaintiffs in this action and they have taken no action to
I'
prosecute
case
since its inception. Past
f defen
dants counsel toprocure, upondirectionofthefo
civil clerk, a ,
joint motion for placement on the advanced trial list has not ,
been successful .
WHEREFORE, defendant Shea moves that this matter be dis-
missed.
{ Respectfully submitted
!{ James W. Shea, Defendant
By His Attorney,
Joyn' F. Tierney,-/ "" ,/
Tierney, Kalis, �id"OPOulos
&✓Lucas
133 Washington St.
-r Salem, MA 01970
{{ (508) 741-0862
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CERTIFICATE OF SERVICE
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Now comes the undersigned and states under oath that he hasj
l served notice of the foregoing Motion upon plaintiffs' counsel
�! George W. Atkins, III, Esq. , Ronan, Segal & Harrington, 59 Fed-
i�j eral St. , Salem, MA 01970 (Successor Counsel to David J. Halli
i nan, Esq. ) and to the other defendants, as they are the members
i of the Board of Appeals of the City of Salem by copy hereof
addressed to said Board c/o Board of Appeals, City of Salem, 1
Salem Green, Salem, MA 01970 and by copy to the City Solicitor, .
i; Kevin Daly, Esq. , 1 Church St. , Salem, MA 01970 pursuant to Supe-
rior Court Rule 9A.
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December 11, 1990
Jo F. Tierney f
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CITY OF SALEM
BOARD OF APPEAL -3
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745-9215
Will hold a Public Hearing for all persons in- .
terested in the Petitioi, submitted by James W.
Shea for a Special Permit to extend an existing
non-conforming use into the proposed second-
story addition at 78A Webb Street(R-2 District).
Said hearing will be held Wednesday,December
5, 1984 at 7:00 P.M. at One Salem Green, 2nd-i
floor.
SCOTT E. CHARNAS, Secretary
November 21,28,1984
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BOARD OF ASSESSORS
ej p 93 WASHINGTON STREET, CITY HALL,SALEM.MASSACHUSETTS 01970 (617) 744-0660
5 s
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November 16, 1984
ABUTTERS
TO: 78A Webb St. Map -35 - Lot 590
.a
ASSESSED OWNER: James Shea (dba Professional Roofing)
MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS
36 472 96 Webb St. Boston & Maine RR V/ 150 Causeway St.
c/o Edmond LeBlanc Boston, MA 02114
35 608 78B Webb St City of Salem
36 470 80 Webb St. Del Homes Inc. f 13 Plains Rd.
Ipswich, MA 01938
35 591 78 Webb St. Joseph R Collins & 78 Webb St. ,
Helen M Collins Salem, MA 01970
35 592 76 Webb St. Raymond A Sr & Elsie S Bealsr 76 Webb St.
/ Salem, MA 01970
35 522 81 Webb St. Phyllis E Spiliotis v 81 Webb St.
Salem, MA 01970
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DECISION ON THE PETITION OF JAMES W. SHEA FOR A
SPECIAL PERMIT FOR 78A WEBB ST. , SALEM
A hearing on this petition was held on December 5, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charn ;Luzinski .and Associate
Member Bencal. Notice of the hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the premises, requests a Special Permit to allow him to
extend the nonconforming use of the premises as a roofing business into a
proposed second story addition. The premises is in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Soecial Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing
in this Ordinance, the Board of Appeal may, in
accordance with the procedure and conditions set
forth in Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or
eroansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the
neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after hearing the evidence and viewing the plans at the
hearing, makes the following findings of fact:
1 . Petitioner has agreed to alter his petition such that no flammables
will be stored in the proposed addition;
2. The proposed addition will be used for administrative offices;
3. The risk of fire at the premises will not be increased by creating
the proposed addition.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . The proposed addition and it's use in petitioner's roofing business
will not be substantially more detrimental than the existing noncon-
formity tot he neighborhood or to the public good;
DECISION ON THE PETITION OF JAMES W. SHEA FOR
A SPECIAL PERMIT FOR 78A WEBB ST. , SALEM
page two
2. The proposed addition does not derogate from the intent or purpose
of the Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted 4 to 0 to grant the Special Permit
requested by petitioner, provided that:
1 . No flammables be stored in the proposed addition;
2. All state, federal and local codes, ordinances, laws and
regulations regarding flammables generally and liquid propane
specifically be adhered to;
3. A.C. hardwired smoke detectors be installed pursuant to applicable
regulations;
4. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL Fri'! TH'S DECLSCN. IF A.-i, SHALL BE !,!'DE PURSUANT TO SEMON 17 OF THE MASS.
0.'L. J.,..LL -1 'E F''_ D 4'r:'F.IN 20 DAYS AFTER THE DATE OF FILING
CF 1d:1 CE:. _ _., I:'i THE C::iC= ., THE QTY CLERK.
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Rt' .'LD 1114 7,a- .._JiH ESSE, R .;Y O. .. DS O li' -ED u : ,H- k.4-:E OF THE Oifi;L,'
r• OF 4ECORD OR IS RECORDED AND N6iED ON THE ONNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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THIS IS A PETITION FOR THE APPROVAL OF THE PROPOSED
----------- - -------- - -- ---
ADDITION AT 79A WEBB ST . BY JAMES W. SHEA
NAME ADDRESS WARD
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THIS IS A PETITION FOR THE APPROVAL OF THE PROPOSED
ADDITION AT 78 A WEBB ST , BY JAMES W. SHEA.
NAME ADDRESS WARD
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KEV. WOVEAA6ei 5j 1984
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