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37 LIBERTY HILL AVENUE - BUILDING INSPECTION _ _ _ _ , .. F j. .__.,�,, :i� .. �� �7 -�i,/erT �1-// �v� '�� 7 I I I •1 ARTICLE .� P 921 991 752 UNE 1 AnnMarie Kiley & S.Zamottella NUMBER . 3 Sheldon Road Peabody, -mass. 01960 * FOLD AT PERFORATION T �. WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. ty f E R / I,FI E D r' M A I E E Rw A f � PasTAGE - POSTMARK OA DATE / OF RETURN- SHOW TO WHOM,DATE AND/ / RECEIPT - ADDRESS OF DEUVCW DELIVERY - 6 O CERTIFIED FEE+RETURN RECEIPT J SERVICE >N N TOTAL POSTAGE AND FEES z LF) NO INSURANCECOVE MGE PROVIOEG- Wm SENT TO: NOT FOR MIERNATIONAL MAIL LL 0 on �Z Ir AnnMarie Kiley & S.ZamtOtella u- 3 Sheldon Road <W a Peabody, Maas. 01450 WW W ILL N �T- N 1w ar l PS FORM 3800 . z RECEIPT FOR CERTIFIED MAIL M«; a uNREP smres � -- -- seiNlcs . > 2 i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service wirxlow or hand 0 to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address 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 permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 1 4. If you want delivery ERYrestrUedt to thea f the article.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 i of Form 3811. 6. Save this receipt and present it if you make inquiry. Cfitu of �#ttltm, ,fttssttr4usetts Public Propertg i3cpartment Nuilbing Department (ane t+nlem Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 21 , 1995 Ann Marie Kiley & Stephen J . Zampitella 3 Sheldon Road Peabody, Mass . 01960 RE : 37A Liberty Hill Avenue To Whom it May Concern: Due to a number of complaints received through the Neighborhood Improvement Committee an inspection of the above mentioned property was conducted. We have been notified of an illegal third floor apartment at the above mentioned property. Our files indicate that said property is a legal two family dwelling and that no Board of Appeals decision has been granted to enlarge said property. Please notify this department upon receipt of this letter as to your course of action to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincer 1y, /^\I Leo E . Tremblay Inspector of Build ' gs , LET: scm cc: David Shea Larissa Brown Councillor Hayes , Ward 6 Certified Mail P 921 991 752 e. Judy 2, 1995 One Salem Green Salem MA. 01970 Att: Mr. Leo Tremblay, Building Inspector Dear Mr Tremblay; We are writing in response to a letter received concerning the property located at 37 Liberty Hill Ave. in Salem. The letter stated that the result of an investigation showed that the property is an illegal three family dwelling. This is not accurate. The property is a two family dwelling, with two tenants who pay rent. The first apartment is located in the first floor, and contains one bathroom, and two bedrooms. The second apartment is located on the second and third floors, and contains one bathroom, and four bedrooms. The dwelling is fully insured, within all building fire codes, and does not exceed the legal amount of tenants that can occupy an apartment. We will be happy to answer any further questions or concerns dealing with our home located at 37 Liberty Hill Ave, and can be reached at 508-535-0866. Sincerely; . P t �-- en Zampitella AnnMarie F. Kiley cc: S. Hayes N. LaPointe of !� ttlem, massar4usetts n � Publir Vrupertp Department Nuilbing Department (One #alem (5reen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 21 , 1995 Ann Marie Kiley & Stephen J . Zampitella 3 Sheldon Road Peabody, Mass . 01960 RE : 37A Liberty Hill Avenue To Whom it May Concern: Due to a number of complaints received through the Neighborhood Improvement Committee an inspection of the above mentioned property was conducted . We have been notified of an illegal third floor apartment at the above mentioned property. Our files indicate that said property is a legal two family dwelling and that no Board of Appeals decision has been granted to enlarge said property. Please notify this department upon receipt of this letter as to your course of action to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter . Sincer ly, Leo E . Tremblay Inspector of Build ' gs LET: scm CC: David Shea Larissa Brown Councillor Hayes , Ward 6 Certified Mail P 921 991 752 June 17 , 1995 City of Salem Building Dept. One Salem Green Salem, Mass . 01970 Dear Mr. Leo E. Tremblay: Per receipt of you certified letter, dated June 12 , 1995 , I wish to inform you that we are not the owners of said property, on 37 Liberty Hill Avenue. The property was sold by us on February 14, 1995 to the present NEW OWNERS : Ann Marie Kiley & Stephen J. Zampitella 3 Sheldon Road Peabody, Mass . 01960- Tel . 977-3351 Further questions on said property should be referred to them, The property was sold to them as a two family, Sincerely yours , Arthur L. Walker , P. O. Box 73 CERTIFIED ~ �;1-.tirvv.wtis�ti rv.-{ y Troy', Maine 04987-9801 Y P 8 � 6 8 � 3 12 1 Ty z r MAIL air i "WIIE DE! r� 9 5 T do 3 CITY OF SALEM MASSACHUSETTS USA, ' p S 50 LEO F. TREMBLAY Luilding department One Salem Green Salem, Mass . 01970 6197 -v:_•� �i 111 IN ! ! .111 !! ! 11:,,1i1::,:�il�Le:i„i,),L:iPi::,„Ji:i ,d i ..� - ,/ 1. } of iFpttlem, Mali sar4usetts Public Pra}tertg Department 9e� +Nuilbing Department (One #slem (5reen 500-745-9595 Lxt. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 12, 1995 Arthur L. Walker Jr. 37 Liberty Avenue Salem, Mass, 01970 RE: 37 A Liberty Hill Avenue Dear Mr. Walker: Due to a number of complaint received through the Neighborhood Improvement Committee and inspection of the above mentioned property was conducted. We have been notified of an illegal third floor apartment at the above mentioned property. Our files indicate that said property is a legal two family dwelling and that no Board of Appeals decision has been granted to enlarge said property. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: David Shea Larissa Brown Councillor Hayes, Ward 6 Certified Mail # P 921 991 738 CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ No REFERRAL FORM Cons. Comm. Yes C] No 11 SRA Yes ❑ No ❑ Date: Address: V -c Complaint: ; �,/ /00, �.,o V -f mPG, .f h o A16i -! Z on F,-/ Complainant: Ff f�nh�; Phoned: Address of Complainant: BUILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION ELECTRICAL DEPARTMENT HEALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHE/ WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: T I I • I I ARTICLE <I P 921 991. 738 !• w! UNE 1. I NUMBER Arthur L. Walker Jr. �. 37 LIberty !I#ibibue . Salem, Mass. 01970 • a N Wo, Z . t FOLD AT PERFORATION t WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. CERTIFIED CIILJIII m G L 1. M A I L E RW . I POSTAGE POSTMARK OR DATE OF I - RETURN SHOW TO WHOM,DATE AND/ RESTRICTED / Wa '.� RECEIPT ADDRESS OF DELIVERY DELIVERY -�- SERVICE CERTIFIED FEE+RETURN RECEIPT WN TOTAL POSTAGE AND FEES - Z W . TIT NO E GE VIDED- W f` .SENT TO: NOT FOR INTERNAMONALMAIL In as ' oz a �z Er Arthur L. Walker Jr.Er <� 37 Llbertq Atfiue wLL Salem, Mase. 01970 0° • I PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL 9' xxlreo mTEs g ---- - ---------------------------- - --- i ° I - Y STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, _1 CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). f -�- 1. It you want this receipt postmarked,stick the gummed stub to the right of the return address 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 to the right of the return address of the article,date,detach and retain the receipt,and mail the article. .I . 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 permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REOUESTED 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. _7 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. • SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • complete items 3,and as a n. following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this card to�'uu. 1. El Addressee's Address Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write'Return Receipt Requested"on the mi below the article number. 2. El Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of deliver . Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 738 t5^',;!'t;l:^ t.. 4l�1};�•r^• Jr. 4b.Service Type 37 L?bent:v A#t3c c9 IC-t, naw. ✓14`r'f3 CERTIFIED 7.Date o/fpelivery C 5.Signature ( dressee) 8.Addressee's Address - e (ONLY if requested and fee paid.) e 6.Signatu —(Agent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service II I I Official Business �9�5 ALTY FOR PR USE,$300 III111111III111111111II11111111IIIIIIIII 111111111111 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 i I of 19ttlem, fttsi3ar4usetts Public Propertu Department I-Suilbing Department (eine Enlem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 12, 1995 Arthur L. Walker Jr. 37 Liberty Avenue Salem, Mass. 01970 RE: 37 A Liberty Hill Avenue Dear Mr. Walker: Due to a number of complaint received through the Neighborhood Improvement Committee and inspection of the above mentioned property was conducted. We have been notified of an illegal third floor apartment at the above mentioned property. Our files indicate that said property is a legal two family dwelling and that no Board of Appeals decision has been granted to enlarge said property. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay inspector of Buildings LET: scm cc: David Shea Larissa Brown Councillor Hayes, Ward 6 Certified Mail # P 921 991 738 Ctu of ,-5ttlem, 1%ssad!usetts DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT AT [37 LIBERTY HILL AVE.'� (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina Cohen. 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 is requesting a Special Permit to allow a professional office (acupuncture) in this Residential Two Family District. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion 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 careful consideration of the evidence presented at the hearing and after viewing the plans. makes the following findings of fact: 1. There was substantial neighborhood opposition. 2. There is a school in the area and the neighbors expressed concern with the increase in traffic. 3. The proposed use would have a negative impact and would not be in harmony with this residential neighborhood. s �r DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT AT 37 LIBERTY HILL AVE. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: - I. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 0-5 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 l/ Step�rady, Mem G�� / Board of Appeal 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 MGL 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 MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification 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 or Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal