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10 LINDEN STREET - BUILDING INSPECTION (2)
10'LINDEN .STREETT �J I ` 1 i VCU c�s-us 9//y/Gf o,¢d,,va�✓c� u,e�ii>� Z y - z�- I /03 5-I,2 j97 Fa Ija.c. 4o &"Can N/p/4� 4 l dA A/V Ti2r/C.er n/0 OFG/CG �� � r 7 ZY/O Z— 3 yyid 21 yy l CITY OF SALEM BUILDING DEPARTMENT 1� JAN �p Ata 5 120 Washington Street, 3rd Floor, Salem, MA 01 ABANDONED AND FORCLOSED PROPERTIES REGISTRATION FORM PROPERTY INFORMATION Address: 10 LINDEN ST SALEM, MA 01970 Parcel ID # 36-0306-0 Square Footage of Building: 5219 Number of Stories: 3 Sprinkler System: Yes_ No_ (Operational yes/no) Pipe System: Yes_ No_ (Operational yes/no) All Unknown Fire Detection System: Yes_ No_ (Operational yes/no) OWNER(S) -OF RECORD (*attach additional sheets if necessary) Owner: Wells Fargo Bank, N.A. C/O Select Portfolio Servicing Address: PO BOX 65250, Salt Lake City, UT 84165 Tel. No.: 888-349-8964 E-mail: Property.RegistrationOspservicing.com CONTACT PERSON/REGISTERED PROPERTY MANAGER Name: Safeguard Properties Primary Address (No P.O. Box) 7887 Safeguard Circle Valley View, OH 44125 Business Tel. #: 888-349-8964 Non-Business Tel. #: N/A E-Mail Address: CodeViolationsospservicing.com Emergency Telephone # - 24hr/day 877-340-0060 IS THE PROPERTY LISTED FOR SALE? Yes No Unknown If yes, Real Estate Agency N/A Address: N/A Tel. No. N/A VACANT BUILDING PLAN: Please check which applies. 1. —The building is to be demolished. 2. —The building is to remain vacant. 3. x The building is to be returned to appropriate occupancy or use. SIGNATURE OF OWNER(S)/OWNERS AGENT: Tien Nguyen, Authorized Agent of SPS DATE: 12/30/2016 REGISTRATION FEE $300 Cash/Money Order/Cert. Bank Check 0016552267-Property Registration-71431 CITY OF SALEM CnHE/D-ULE F DEPARTMENTAL PAYMENTS TO TREASURER Department Name tC�� (.(' OU�P/1 N Date / b 1 Department#n` � Fiscal Year "V^ 9/10 Form# FROM WHOM ACCOUNT NUMBER&DESCRUMON AMOUNT TOTAL E14-1 6 MOA i t� b f Lr r 66 Total 9/10 Comprised of: Cash: Checks: TOTAL DEPOSIT THE COMMONWEALTH OF MASSACHUSETTS,DEPARTMENT OF CORPORATIONS AND TAXATION,BUREAU\\OF ACCOUNTS No.O4� �v 20-12— To the Department O er making the Pa ment: Received of the sum of Dollars, for the collections from 3Th 16 , to for collections as per schedule of this date,filed in my office. Treasurer Treasurer SSELECTSPPS OET lio ERVICING, ine. DeRegistration Change in Information PID: 33-0306 10 LINDEN ST SALEM, MA. 01970 2/7/2017 As of 2/7/2017,the attached property is no longer in foreclosure and.has been conveyed to a new owner Thank you, Select Portfolio Servicing 3217 S Decker Lake Drive West Valley City, UT 84119 801-293-1883 www.spservicing.com 0016552267-Property Registration_71432 CITY OF SALEM BUILDING DEPARTMENT 120 Washington Street, 3rd Floor, Salem, MA 01970 ABANDONED AND FORCLOSED PROPERTIES REGISTRATION FORM PROPERTY INFORMATION Address: 10 LINDEN ST SALEM, MA 01970 Parcel ID # 36-0306-0 Square Footage of Building: 5219 Number of Stories: 3 Sprinkler System: Yes_ No_ (Operational yes/no) Pipe System: Yes_ No _ (Operational yes/no) All Unknown Fire Detection System: Yes_ No_ (Operational yes/no) OWNER(S) -OF RECORD (*attach additional sheets if necessary) Owner: wells Fargo Hank, N.A. C/O Select Portfolio Servicing Address: PO SOX 65250, Salt Lake City, UT 84165 Tel. No.: 888-349-8964 E-mail: Property.Registration@spservicing.com CONTACT PERSON/REGISTERED PROPERTY MANAGER Name: Safeguard Properties Primary Address (No P.O. Box) 7887 Safeguard Circle Valley View, OH 44125 Business Tel. #: -888-349-8964 Non-Business Tel. #: N/A E-Mail Address: CodeViolations@spservicing.com Emergency Telephone # - 24hr/day 877-340-0060 IS THE PROPERTY LISTED FOR SALE? Yes No unknown If yes, Real Estate Agency N/A Address: N/A Tel. No. N/A VACANT BUILDING PLAN: Please check which applies. 1. —The building is to be demolished. 2. The building is to remain vacant. 3. x The building is to be returned to appropriate occupancy or use. SIGNATURE OF OWNER(S)/OWNERS AGENT: Tien Nguyen, Authorized Agent of SPS DATE: 12/30/2016 REGISTRATION FEE $300 Cash/Money Order/Cert. Bank Check 0016552267-Property Registration-71431 REGISTRATION: All owners, including banks and mortgage companies, must register abandoned and/or foreclosing residential and commercial properties with the Director of Inspectional Services. "All property registrations are valid for one year. An annual registration fee of three- hundred ($300.00) dollars must accompany the registration form. The fee and registration are valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 st of each year and must certify whether the foreclosing and/or foreclosed property remains abandoned or not. Once the property is no longer abandoned or is sold, the owner must provide proof of sale or written notice of occupancy to the Director of the Inspectional Services. ENFORCEMENT & PENALTIES Failure to initially register with the Director of Inspectional Services is punishable by a fine of three hundred dollars ($300.00), each day being a separate offense. Failure to maintain the property is punishable by a fine up to three hundred dollars ($300.00) for each month the property is not maintained. MAINTENANCE REQUIREMENTS Properties subject to this section must be maintained in accordance with all applicable Sanitary Codes, Building Codes, and local regulations. The local owner or local property Management Company must inspect and maintain the property on a monthly basis for the duration of the abandonment. The property must contain a posting with the name and 24-hour contact phone number of the local individual or property management company responsible for the maintenance. This sign must be posted on the front of the property so it is clearly visible from the street. Adherence to this section does not relieve the property owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home owners Association rules and regulations The complete Ordinance can be viewed on our website at: http://salem.com/Pages/SalemMA Clerk/ordinances IN THE YEAR TWO THOUSAND TEN AN ORDINANCE REGULATING THE MAINTENANCE OF ABANDONED, FORECLOSING RESIDENTIAL AND COMMERCIAL PROPERTIES Regulating the Maintenance of Abandoned and Foreclosing Residential and Commercial Properties. SECTION 1: PURPOSE. It is the intent of this section to protect and preserve public safety security and quiet enjoyment of occupants, abutters, and neighborhoods by (i) requiring all residential property owners including lenders trustees, and service companies, to properly maintain abandoned and/or foreclosing properties (ii) regulating the maintenance of abandoned and/or foreclosing, residential properties to prevent blighted and unsecured residences. The Inspectional Services Director has enforcement authority pursuant to, inter alia, M.G.L. c. 143. s. 3, the State Building Code, and the City of Salem Zoning Ordinance. SECTION 2: DEFINITIONS. When used in this section, unless a contrary intention clearly appears, the following terms shall have the following meanings: Abandoned means any property, residential and commercial, that is vacant. City means City of Salem Days means consecutive calendar days. Director means Inspectional Services Director. "Evidence of vacancy"means any condition that would lead a reasonable person to believe that the property is vacant. Foreclosing means the process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults. 'Initiation of the foreclosure process"means taking any of the following actions: (i) taking possession of a residential property pursuant to M.G.L. c.244, s. 1; (ii) publishing the first foreclosure notice of a residential property pursuant to M.G.L. c. 244, s. 14; or (iii) commencing a foreclosure action on a residential property in either the Land Court or Essex Superior Court. Local means within twenty (20) driving miles distance of the property in question. Mortgagee means the creditor, including but not limited to, service companies and lenders, in a mortgage agreement. Mortgagee in possession means a mortgagee that has taken over control and/or occupancy of a property upon default of the borrower to collect income from the property and/or prepare for foreclosure. Owner means every person, entity service company property manager or realtor, who alone or severally with others: (1) has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or (2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (3) is a mortgagee in possession of any such property; or (4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or (5) is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. Owner also means every person who operates a rooming house; or (6) is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process. Property means any real property, residential or commercial, or portion thereof, located in the City of Salem, including building or structures situated on the property. Residential Property means any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes. Securing means measures that assist in making the property inaccessible to unauthorized persons. Vacant means a structure or building not legally occupied. SECTION 3: REGISTRATION. All owners including banks and mortgage companies must register abandoned and/or foreclosing residential and commercial properties with the Inspectional Services Director on forms provided by the Inspectional Services Director. All registrations must state the individual owner's or agent's phone number and mailing address located within the Commonwealth as required by M.G.L. The mailing address may not be a P.O. Box. This registration must also certify that the property was inspected and identify whether the property is abandoned. If the property is abandoned, the registration must designate a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual or company's name, phone number, and local mailing address. The mailing address may not be a P.O. Box. This registration must be received within seven days of abandonment or within seven days of the initiation of the foreclosure process as defined in Section 2. All property registrations are valid for one year. An annual registration fee of three- hundred dollars ($300.00) must accompany the registration form. The fee and registration are valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1s' of each year and must certify whether the foreclosing and/or foreclosed property remains abandoned or not Once the property is no longer abandoned or is sold, the owner must provide proof of sale or written notice of occupancy to the Building Commissioner. SECTION 4: MAINTAINENCE REQUIREMENTS. Properties subject to this section must be maintained in accordance with all applicable Sanitary Codes, Building Codes, and local regulations. The local owner or local property management company must inspect and maintain the property on a monthly basis for the duration of the abandonment. The property must contain a posting with the name and 24-hour contact phone number of the local individual or property management company responsible for the maintenance. This sign must be posted on the front of the property so it is clearly visible from the street Adherence to this section does not relieve the property owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home Owners Association rules and regulations. SECTION 5: INSPECTIONS. The Building Department shall have the authority and the duty to inspect properties subject to this section for compliance and to issue citations for any violations. The Building Department shall have the discretion to determine when and how such inspections are to be made, provided that their policies are reasonably calculated to ensure that this section is enforced SECTION 6: ENFORCEMENT AND PENALTIES. Failure to initially register with the Inspectional Services Director is punishable by a fine of three hundred dollars ($300.00), each day being a separate offense. 'V H:\BRennard\My DocumentsXABANDONED PROPERTIES.doc CITY OF SALEMt ,� , BUILDING DEPARTMENT 120 Washington Street, 3d Floor, Salem, MA 01 AUG AUG 18 A 4 33 ABANDONED AND FORCLOSED PROPERTIES REGISTRATION FORM PROPERTY INFORMATION Address: 10 LINDEN ST, SALEM, MA, 01970 Parcel ID # 33-0306 Square Footage of Building: 5,219 Number of Stories: 3 Sprinkler System: Yes_ No_(Operational yes/no) Unknown Pipe System: Yes_ No_ (Operational yes/no) Unknown Fire Detection System: Yes_ No_ (Operational yes/no) Unknown OWNER(S) *OF RECORD (*attach additional sheets if necessary) Owner: Wells Fargo Bank NA c/o Select Portfolio Servicing Address: 3217 S Decker Lake Drive, West Valley City, UT 84119 Tel. No.: 888-349-8964 E-mail: Property.Registration@spservicing.com CONTACT PERSON/REGISTERED PROPERTY MANAGER Name: Safeguard Properties Primary Address (No P.O. BOX) 7887 Safeguard Circle,Valley View OH 44125 Business Tel. #: 877-340-0060 Non-Business Tel. #: 877-340-0060 E-Mail Address: CodeViolations@spservicing.com Emergency Telephone # - 24hr/day 877-340-0060 IS THE PROPERTY LISTED FOR SALE? Yes No x If yes, Real Estate Agency N/A Address: N/A Tel. No. N/A VACANT BUILDING PLAN: Please check which applies. t. —The building is to be demolished. 2. —The building is to remain vacant. 3. x The building is to be returned to appropriate occupancy or use. SIGNATURE OF OWNER(S)/OWNERS AGENT: �' - Katie Lewis as Authorized DATE: 08/12/2016 Agent of SPS REGISTRATION FEE $300 Cash/Money Order/Cert. Bank Check 0016552267-Property Registration-71430 16583 IF Plaza Bank I 18200 VON KARMAN AVE 5 ARCH CODE COMPLIANCE LLC SUITE Iso ADVANCING SMALL BUSINESS IRVINE,CA 92612 700 AUTOMATION DRIVE,UNIT F WINDSOR,CO 80550 90-4408/1222 (970)460-1076 8/10/2016 ORDTO ER OF City of Salem $ **300.00 t Three Hundred and 00/100*'*'*******'***'*«.«.«.......*.*.*.*«....:..««,«..........*.*«.*«.«...*..*....,*...,****..*««..«.. ` DOLLARS O FTER O�LDA�VS�y MEMO '�4�tt�° 10 LINDEN LINDEN ST 11'016583110 1: 12224L.08 ?I: ?r.8 S913 25311• 5 ARCH CODE COMPLIANCE LLC WINDSOR,CO 80550 16583 City of Salem 8/10/2016 16552267-RI 300.00 5ACC-PLZ-253 10 LINDEN ST 300.00 5 ARCH CODE COMPLIANCE LLC WINDSOR,CO 60550 16583 City of Salem 8/10/2016 16552267-RI 300.00 5ACC-PLZ-253 10 LINDEN ST 300.00 Susn T01-tvsLt cxlsoeDlL TO REORDER,CALLYOUN LOCAL SAFEGUARD DISTRIBUTORAT9165CDOE01 fgN5T000110 Y'"MIM Safeguard umo RECEIV I RECEIVED IONA V#ql4AL SERVICES AB; 31 -w e-P-1 ss�L-Aj AR V-1 L i V -Af 4 L v-,-UhI y 4-11 VIA 4ie-� :_cA�. -a-N itd711L G� A 2/U 6 7 9 6' 13'q - As �� ue�s ro y You2. )q 1� N /ST— CS ocu1--),y ry -r Te/v/j PV 7,S e,;v LiAj/7` 0N� /b L/v��•v G7� C% 2lC /-/ /I I-IE- � T 19,4- Pe- fPe- fer- phi //i p $ rani. z /5 r iso T �-nsr4NT 17. .7— v Ghl"l � (NJ !/� A✓?� �q yc�P_ /` T'E�v.grT Ar vv/ /� 7- 141 A AAs sc.rkvecG rva.v PAy6,44e4" o /6 df w As Sip d 33 dA9 Iv6Ti c,_c '/ o UAcpi.iT WA5 5er�«L n1un� C<9 +.; 2r 121A5eriiLi- PeA/ c.✓/Ng- DateRime P,inWd'.OMM009 15'.14'.10 vembn 2 0-11IN CRIMINAL COMPLAINT DOCKET NUMBER NO.OF COUNTS Trial Court of Massachusetts x `. POLICE COPY 0936CROD26361 District Court Department DEFENDANT NAME&ADDRESS COURT NAME&ADDRESS William C Arnold Salem District Court 10 Linden St. 65 Washington Street Salem, MA 01970 Salem, MA 01970 (978)744-1167 DEFENDANT DOB COMPLAINT ISSUED DATE OF OFFENSE ARREST DATE 07/04/1959 09/09/2009 07/07/2009 OFFENSE CITY/TOWN OFFENSE ADDRESS NEXT EVENT DATE&TIME Salem 10 Linden St. 10/13/2009 9:00 AM POLICE DEPARTMENT POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT Salem PD Arraignment OBTN tlEi ( I '11 ,13 i1,1 .�I1 ROOM/SESSION Arraignment Session The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the defendant committed the offense(s) listed below and on any attached pages. COUNT CODE DESCRIPTION 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL On 07/07/2009 did Zoning,in violation of XXXXX of the City or Town of Salem. SIGNATURE OF COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP.ASST.CLERK DATE X X NAME OF COMPLAINANT ATRUE CLERK PM ASST.CLERK DATE COPY;4 ATTEST4. X Notice to Defendant:42 U.S.C.§3796gg-4(e)requires this notice:If you are convicted of a misdemeanor crime of domestic violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S.C. §922(g)(9)and other applicable related Federal, State, or local laws. a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KINI6CRLIi:Y DRISCOLL MAYOR 120 WASHING[ON STReeT♦ SALEM,MASSACxusrrrs 01970 Tei,:978-745-9595 FAX:978-740-9846 September 4, 2008 7► Mr. Bill Arnold 0- 10 Linden Street Salem, Ma 01970 RE: 10 Linden Street Dear Mr. Arnold Regarding our recent discussion during my inspection of the rated wall you are building between the garage and the house at the above address I want to advise you of the following: 1. The window between the living space at the ground floor must be completely removed and the opening filled with rated drywall and wood studs to provide a 1 hour rating. Alternatively, the window could be replaced a rated assembly of wire glass in a steel frame. Installing drywall or cement board over the window is not acceptable and will not provide the required fire rating. 2. The steps from garage into the house must meet the Building Code. Maximum riser height is 8.25" If you have any questions regarding this letter, please contact me at (978) 745-9595, extension 5 Sin er m s McG th Assistant Building Inspector City of Salem cc: Health Department, Fire Prevention, Mayor's Office, Legal Dept i Search Warrant Return This search was issued on March 7, 2008, and I have executed it as follows; a, This warrant was executed at 10:00 am on Thursday March 13, 2008 by an Inspection Team consisting of Building Commissioner Thomas J. St. Pierre, Assistant Building Inspector Thomas McGrath, Fire Inspector Chuck Holloran,Health Inspectors Dave Greenbaum and Elizabeth Salandrea, Salem Police Officer Fabiszewski. The Property Owner, William C. Arnold was present and did accompany this team on this inspection. This warrant was issued based on evidence received that this property was being used illegally as a Rooming House, and the Property Owners refusal to allow a lawful inspection of these premises. The following evidence was uncovered during this inspection and warrant service to justify such said warrant: Basement: Two rooms had been constructed in this area, without the benefit of a permit. These rooms lacked the required smoke alarms, carbon monoxide detectors, and egressable windows. Evidence of electrical work done both without a permit and does not meet the requirements of this code. Further they had been configured in such a way as to allow independent use without being part of another unit. First Floor: The room immediately to the left upon entering this area (from the front entrance) is independently locked, and is arranged in a way that it could be used independently from the rest of this unit. Fire alarm and CO detection was found to be inadequate. Second Floor: All three bedrooms within what has been described as the Owners Unit,were found to have deadbolt locking devices (typically used as unit or exterior door locks.) Again the Smoke detection and CO detection devices were inadequate. Third Floor: This level seems to be arranged as an independent unit, here again evidence of locking devices more common to use on exterior or unit entry doors was evident, and again, the Smoke ad CO detection devices were inadequate. .co CITY OF SALEM9 MASSACHUSETTS .;� PUBLIC PROPERTY DEPARTMENT .A 120 WASHINGTON STREET, 3RD FLOOR �pc SALEM, MAO 1 970 TEL. (978)745-9595 EXT. 380 - FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR January 3, 2003 COPY William Arnold 10 Linden Street Salem, Ma. 01970 Dear Mr. Arnold: As you are aware from our meeting on Tuesday,December 31, you have received a stop work order from this Department. State Building Code 780 CMR, Section 119.1. This order makes it unlawful to continue any work on your building. Furthermore, running a construction business from an R-1 or R-2 zone is not allowed. Salem Zoning Section 5-2. You are directed to remove all construction vehicles and equipment from the property. Continued violation will result in daily fines and a complaint being filed in Salem District Court. If any part of this order is unclear, contact this office. Sincerely, Thomas St. Pierre Acting Zoning Officer cc: Mayors Office Tom Phillbin John Keenan Councillor Driscoll Salem Police Department, O.I.C. ........ . .. ..r..... F Or v.au. • vv.... vF—U-9IL W I,the undersigned mpl ant, request that a criminal complaint issue against the accused charging the offense(s)listed bel . 11 a accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court 65 Washington Street ❑ONLY MISDEMEANOR(S), I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salem, MA. 01970 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT XWITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT N TICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS 6HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DAT SOCIAL SECURITY NUMBER CC y reJ (/i/f`// e f1 r/VO/ PCF NO. MARITAL STATUS Sf I N Go,8ff3ig DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION S ARS/MARKS/rArr OS J BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) •• e COMPLAINANT NAME(FIRST MI LAST) I��p���� / COMPLAINANT TYPE yjj�y iei,-4-e— - PD J s � r IL4�tiA7t,�-�/ .//Q, ❑ POLICE ❑ CITIZEN OTHER GfFiU ADDRESS /9� -PLACE OF OFFENSE _cc/ter f�O (/ INCIDENT REPORTRT NONOO. BTN L CITATION NO(S). OFFENSE CODE ../ DESCRIPTION / , / OFFENSE DATE \ � /ll L /�i/0 see 2 � w7<o�/ +�O �e� oF,y.d,�/r o •.� //n/<�s� 6�/�or.✓6 VARIABLES(e.g.victim name,controlled substance,type and value t5tproperty.other variable information, ee Complaint anguage Manual) OFFENSE CODE ( DES�CCDPTION /�,� /8 OFFENSE DATE 2 VARIABLES 790 6V< e o l/S ,, 7.%/ '9//"Y'G. 27,o //a'/ 3/O. s /O/, o OFFENSE CODE <� DESS/�,pIPTIIpN� let '�O ✓�°G TIa Vj07r4-7%O/vf• O 3 VARIABLk 'II // JreeLr oy ✓r' Z REMARKS COMP INAN 'S SIGN U DATE FIL X r G �/ wee COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION F HEARING -TIME OF HEARING COURT USE ONLY 30 WILL BE HELDAT THE ABOVE COURTADDRESS ON � ' 4r AT E NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: HEARING CONTINUED TO: -`- Ji APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE: X ❑ IMMINENT THREAT OF ❑ BODILY INJURY ❑ CRIME ❑ FLIGHT BV ACCUSED ❑ FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE V'.r\ 0� - V ❑ FELONY CHARGED BY CIVILIAN;NO NOTICE AT CLERK'S DISCRETION PROBABL CAUS OUN FOR ABOVE OFFENSE(S) ❑ NO PROBABLE CAUSE FOUND NO�('S). L ( 3. BASED ON ❑ REQUEST OF COMPLAINANT FACTS SET FORTH IN ATTACHED STATEMENT(S) ❑ FAILURE TO PROSECUTE a�1Qa ❑ TESTIMONY RECORDED:TAPE NO. ❑ AGREEMENT OF BOTH PARTIES START NO. END NO. ❑ OTHER: ❑ WARRANT SUMMONS TO ISSUE COMMENT C' ARRAIGNMENT DATE: �y� R-2(08/04) (otJrtT c� Y APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of Z District Court Department t 1,the undersigned complainant, request that a criminal complaint issue against the accused charging the [ offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem Dl8trict Court 4 fiF„Washington Street ❑ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Sa[flm AAA. 01970 ❑ BODILY INJURY O COMMISSION OF A CRIME ❑ FUGHTb WITH NOTICE to accused. ❑ONE OR MORE FELONIES, I request a hearing E WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑W&RRANT is requested because prosecutor represents that accused may not appear unless arrested. El HAS HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER ,J4 Ar,j -' ? PCF NO. MARITAL STATUS DRIVERS LICENSE NO. STATE ��'"� ��/T,`� j�(A;:g ( 7f )L s- y� • y /' GENDER -, HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/iATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) .x. . "' r �•... � •• • r,.. n e n7a 4�9 x' 2k. COMPLAINANT NAME(-FII�RST MI LAST) COMPLAINANT TYPE /1// 011 �/ ��' � PD -J''✓�1� i.-� . ��''' 'N'f LTJ r ,/,k El POLICE ❑ CITIZEN;170THER�-t/ - / '- ADDRESS PLACE OF OFFENSE Jr'%st INCIDENT REPORT NO. OBTN CITATION NO(S). 1 / OFFENSE CODE / DESCRIPTION OFFENSE DATE ' d161- ///C/ '` I % ( r."d .i l ft./ "' (. - -!*, 'f.w j` .y rf7 7.�I ,t� .1�, . l aL /i�r!' .•:l� VARIABLES(e.g. victim name,controlled substance,type and value of property.other variable information;,see Complaint Language Manual) OFFENSE CODE DESCfaIPT�}ON / OFFENSE DATE f7G(_ j�1 /7✓ f/ .n/`%i , �� ui ,✓ /i. f ^`r> C f7 } ln:.rc 2 VARIABLES / 7�;:: C"illi �rc /; 7./! , %ji. �/ ,;. 27 OFF/EN/SE CODE(. >/ DE RIP/TJON[/ //)/ _ y/ "//, � OFFENSE DATE /LL Ili/ J•"fI.-/ Glib? t ' r// [ l/! j'iif '. jr• 3 VARIABLES 7: REMARKS COMPLAINA77S,SIGNAT RE f DATE FlLED r RTI COURT USE ONLY AHEARING UPON THIS COMPLAINT URT AD RESSN "( � T��EARING AT T110 O7EARING OUR7 USE ONLY W ILL BE HELD AT THE ABOVE COURT ADDRESS ON DCCR-z(08/04) COMPLAINANT'S COP _ . _- �.Y�SPcc-t-oma o�ih,�ar�, I Ca L�v� o�C' n S-Fre�1 I r Cf� �7PIIN8 JOHN D. KEENAN S/=�J-L-41 CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor p, y j l'.,r, L"— LEGAL DEPARTMENT �-, Assistant City Solicitor 222 Essex Street' 93 WASHINGTON STREET 15 Front Street Salem,MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Tel:(978)744-9800 Fax:(978)740-0072 Fax: (978)744-7660 Email:jdkeenaI )v@ ol.co Email:gilbert@salemlawyer.com `Vta deRITIed Mail: 7099 3400 0008 9206 7525 Return Receipt Requested March 7, 2002 Mr. Bill Arnold 10 Linden Street Salem, Massachusetts 01970 RE: Addition to House Dear Mr. Arnold: I have been asked to review whether or not you are able to construct the proposed addition to your nonconforming three family residence by right or whether you need some sort of relief from the Zoning Board of Appeals? It is my understanding that you obtained a building permit for the foundation of a proposed addition attaching a garage to this existing structure with additional living/office space above the garage. (See attached diagram). Having visited the site myself, it is also clear that the foundation is in place. As a preexisting nonconforming structure, the issue arises whether it must comply with the Salem Zoning Ordinance or if the State Zoning Act (Chapter 40A, Section 6) exempts it from such scrutiny? The Zoning Act provides in pertinent part: Preexisting nonconforming structures or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. (emphasis added) Although the italicized portion of the statute does not explicitly state nonconforming structure, it has been interpreted to include structure as well. It is one of those rare instances in which the court overcame its reluctance to supply a word or words which were not employed by the Legislature in order to render a statute intelligible and so effectuate its obvious intent. See Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 514 N.E. 2d 369 (1987). Thus the Page Two of Three March 7, 2002 Mr. Bill Arnold RE: 10 Linden Street - Addition statute should read, "shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood." Id. Thus, although the three family use is protected as nonconforming, the focus becomes if your proposed addition to 10 Linden Street is an alteration to the existing structure? Unquestionably, it is an alteration. As such, it appears to come within the guidelines of Section 6. See e.g. Nichols v Bd of Zoning Appeal of Cambridge, 26 Mass. App. Ct. 631, 530 N.E. 2d 1257 (1988)(dealing with a nonconforming residential garage being altered for the permitted use of a home office). Indeed, our Zoning Ordinance is similar to the state statute requiring such review for the alteration of a preexisting nonconforming structure. See ARTICLE VIII (Nonconformity), Sec 8-1(b). Provided, however, and notwithstanding any other provisions of this ordinance to the contrary, an existing nonconforming building or use may be altered or enlarged in that use, subject to the granting of a permit therefor by the board of appeals as provided in section 9-4 herein. Any change to a nonconforming structure which amounts to reconstruction, extension, or structural change requires a finding or special permit pursuant to Mass. Gen. L. c. 40A, §6, assuming that the ordinance or by-law authorizes such a change. See Bobrowski, Mark, Handbook of Massachusetts Land Use and Planning Law, pp. 248-49 (1993). If the proposed modification reaches the threshold of structural change, and the municipality has authorized changes, the matter is governed by Rockwood v. The Snow Inn Corp. Id. There, the Supreme Judicial Court stated: in the absence of a variance, any extension or structural change of a nonconforming structure must comply with the applicable zoning ordinance or by-law. Then, if the proposed extension or change conforms to the by-law, the second [sentence of Section 6] requires for project approval a finding that the extension or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure[s]. Rockwood v. The Snow Inn Corp., 409 Mass. 361, 364, 566 NE2d. 608 (1991)(copy attached). Based on a review of the plan, it appears that the proposed addition meets appropriate setback, density and parking requirements. Front, side and rear setbacks in R-2 respectively are: 15 feet, 10 feet and 30 feet. These are all met. Maximum lot coverage is 35%. The Building Inspector did determine that the proposed lot coverage meets that requirement. Additionally, as it has three dwelling units, it would need 4.5 parking spaces. I have not been provided with the total number of spaces remaining/proposed; however, it would appear that Page Three of Three March 7, 2002 Mr. Bill Arnold RE: 10 Linden Street - Addition parking availability may not be reduced as the first floor of the addition is garage space. As the proposed addition does appear to comply with local zoning, the sole and limited issue to be determined by the Board of Appeals is whether the alteration (proposed addition) to this nonconforming structure is substantially more detrimental to the neighborhood than was the preexisting structure? This narrow standard suggests that the Board may be limited in imposing conditions to those that would ensure that it is not substantially more detrimental. Once/if the Board determines it is not substantially more detrimental than the presently existing structure, then you ought to be granted a special permit and allowed to proceed with the building of same. It is my opinion that prior to proceeding any further on your addition you must seek a determination from the Salem Board of Appeals as described herein. You cannot proceed on this project until approved accordingly. Thank you for your attention to this matter. Very best regards, J HN D. KEENAN, C Y SOLICITOR En losure cc. Peter Strout, Bldg. Insp. Kimberley Lord Driscoll, Ward Five Councilor �I I SET IME M/P 10021E L B OIM an 4 NOM 1100 MT 7 team= POOL 9,900 S.F. 8 Au GWACKE 103 M0. 10 s.2 OMu HOX N011 MOO :Er SET LINDEN STREET 201M0 DOW- M2 1CEWW!THE SIIOXMI MS ON 7W FLM ARE LOWED OM 71E amm �, PLOT PLAN IN SALEM, AMA Wow�L Nw^vm P1S I�tN OF FOR BILL ARNOLD OEM cl J. "+1 LIVE 10/02/01 SC&E• 1' _ .To' M7. 01191 LANDMARK ENGINEER/NG & SURWKNG, INC.$ 583 CHESTNUT STREET LYNN, API 01904 (781) 592-7016 .00 CITY OF SALEM, MASSACHUSETTS y�g DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 31 1 STANLEY J. USOVICZ, JR. FAX (978) 740-0404 MAYOR JOSEPH P. WALSH ACTING DIRECTOR AND CITY PLANNER MEMORANDUM TO: John Keenan, City Solicitor Legal Department FROM: Denise Sullivan, Assistant City Planner Department of Planning and Community Development CC: Peter Strout, Building Commissioner Public Properties DATE: November 8, 2001 RE: Legal Opinion Concerning the B-5 Zoning District Both Peter Strout,the Zoning Enforcement Officer, and myself have been struggling with the interpretation of the dimensional requirements set forth in the B-5 Zoning District. The district divides the requirements into two different categories for commercial and residential. There are requirements for both new construction and existing construction. The issue that has been arising is for those buildings which are existing, but a developer is proposing to construct an addition to the building and we are unsure as to which category's dimensional requirements apply to this type of application. Can you provide me with a written opinion as to what constitutes "new construction"? Is it an entirely new structure or is it considered an addition to a structure and therefore should follow the"new construction" dimensional requirements? Finally, if an addition is considered"new construction", do only the new portions of the structure apply, while the existing portions follow the "existing construction" requirements? Thank you for your assistance in this matter. Please let me know if you have any questions or if you require further information. JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MAGI 970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 it Tel: (978)744-9800 Fax: (978)740-0072 Fax: (978)744-7660 Email:jdkeenanlaw@aol.com Email: gilbert®salemlawyer.com January 17, 2001 Joan Lovely City Council President 14 Story Street Salem, MA 01970 RE: Bardon Trimont - Aggregate Industries Dear President Lovely: I just wanted to follow up on our conversation and respond in writing to your request for an opinion relating to pending project at the above captioned location. In particular, Bardon Trimont—Aggregate Industries (hereinafter"BT") intends to begin more active use of an old existing road and curb-cut for additional access to the quarry. I have confirmed this plan with BT's counsel, Chris Drucas (741.7400). You ask the following questions: 1. Does an "abandoned"road and existing curb-cut exist? 2. When was the road used and when abandoned? There does appear to be an existing road and curb cut existing at the property. Stan Bornstein has informed me of an aerial photograph of the site pre-1970 that clearly reveals both the curb-cut and fence-gate onto Swampscott Road. "Abandoned" as used in the legal zoning sense carries with it specific significance, and based on the information I have, I would be unable to make such a conclusion. BT has actively engaged in the quarry business at this site since 1930.1 As a going concern for eighty-five years, it would be difficult to argue that a use (even seemingly inactive) has been "abandoned" in the legal sense. 1 BT also produces and sells concrete and hot top, as well as taking back both for remanufacture. Page Two of Three January 17, 2001 President Lovely RE: Bardon Trimont 3. /s the abandoned road a "grandfathered use"of the site? This property is located in an Industrial zoning district. Our Zoning Ordinance defines such districts as "districts intended to be those areas highly suitable for industrial use by reason of topography, accessibility and proximity to major transportation systems."" (Article III, Sec. 3-1 (Types of Districts)). Although there does not appear to be a specific use for a quarry and further that cement manufacture is specifically prohibited (Article V, Sec. 5-3(h)(3)(b)), this use certainly has protection as a valid nonconforming ("grandfathered") use of the site. (Article VIII, Sec. 8-3 (Nonconforming use of land)). Moreover, the use of the existing exit/entrance is an appropriate accessory use — it is clearly incidental to the principal use. The exit road is also entirely within the I-District.2 4. Is Aggregate Industries required to get permits and/or approvals from the City of Salem for this project? I hesitate to actually call this a "project" as much as an apparent decision by BT to more actively use an existing access road. As there is no need for a new curb-cut, no permit is necessary. DPW's policy is that an existing curb-cut is valid (even if not used) until a request is made to re-install it.3 DPW has no record of BT ever requesting such a re-installation of the curbing at this site. The Salem Zoning Ordinance requires that "No building or other structure shall be erected, moved, added to or structurally altered until a permit therefor has been issued by the inspector of buildings." (Article IX, Sec 9-1 (Enforcement)). A "structure" is "anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground." (Article II., Sec. 2-2(b)(definitions)). The building inspector's office does not require a permit for the (re)paving of a private driveway or access road as such is not deemed a structure.4 2 Oftentimes, the zoning issue that raises problems is an industrial use on a split lot (for example I next to R-2) where the access road goes through a residential, more restrictive, use zone. That is not the case here. 3 If located on an entrance corridor, which Swampscott Road is not, there is also a restriction to no more than two (2) cuts no greater than twenty-four(24) feet. (See Salem Zoning Ordinance Art. VII., Sec. 7-19(c)(2)). 4 1 would add, however, that,if this access road is somehow to be improved with retaining walls and/or other structures,, review and a building permit would be required. I am not aware of that being the case here. Page Three of Three R January 17, 2001 President Lovely I� RE: Bardon Trimont i, Lastly, Site Plan Review does address concerns for internal roadways and accessway; however, this(proposed plan does not come within the Planning Board's purview under said guidelines. Presently, our Site Plan Review Process is triggered upon a thresh' Id of 10,000 square foot structure (See Salem Zoning Ordinance, Art. VII., Sec. 7-18). 1 would note, however, that the proposed revisions to the Salem Zoning Ordinance will (if adopted) expand the Planning Board's scope of review pursuant to Site Plan. (See attached draft).6 There will be a distinction between "minor site plan review" (< 2000 square feet) and "major' all other (nonresidential or multi-family residential with four or more dwelling units). There will also be review of parking lot expansion/construction. At present, it does not include "access roads" as is the issue here; however, that can be considered. I hope this information is helpful to you. If you have any additional questions, do not hesitate to contact me'. Very best regards, f JOIA D. Keenan, Ci olicitor En cc. Stan Bornstein, DPW Peter Strout, Bldg. Insp. Denise Sullivan, Asst. City Planner Chris Drucas, Esq. James Gilbert, Asst. City Sol. s Although not applicable here, in the entrance corridor, the threshold is reduced to 2,000 square feet. 6 The proposed revisions will need approval of the City Council. As soon as we have a final draft, we will forward to the Planning Board and City Council for review and scheduling of a joint public hearing. Councilor Regina Flynn has been very involved in this process as well and attended many of our public meetings discussing said revisions. P' 1 authority may deem necessary to serve the purposes of this ordinance . Such conditions may include, but are not limited to: private disposal of waste; deadline to commence construction; signage; alarm system; limits on vehicles, number of students, gender of residents, noise, possession of substances; maintenance requirements; landscaping, parking spaces; dust control; term for years with or without automatic renewals; sewer connection; bond; limitation to the term of ownership or use by the applicant . 9370. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G. L. c. 40A, s . 17 , from the grant thereof) with the City Clerk. 9380. Regulations . The special permit granting authority may adopt rules and regulations for the administration of this section. 9390 . Fees . The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits . 9400 . SITE PLAN REVIEW 9410 . Applicability. The following types of activities and uses require site plan review by the Planning Board: 9411 . Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or multi-family structure with four of more dwelling units; 9412 . Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi- family structure or purpose. 9420 . Procedures. Minor site plan approval, as set forth in Section *, below, shall follow the procedures set forth herein. Major site plan review shall require a public hearing in accordance with the procedures set forth in G. L. c. 40A, ss . 9 and 11 . Applicants shall submit five (5) copies of the site plan to the Planning Board for review, and within three (3) days thereafter shall also submit a copy of the site plan to the City Council, Board of Health, Board of Public Works, Building Inspector, City Engineer, and Conservation Commission for their advisory review and comments . The Planning Board shall review and act upon the site plan, with such conditions as may be deemed 63 - appropriate, within sixty ( 60) days of its receipt, and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning Board. 9421 . Application for Building Permit . An application for a building permit to perform work as set forth in Section 9410 available as of right shall be accompanied by an approved site plan. 9422 . Application for Special Permit or Variance . An application for a special permit or a variance to perform work as set forth in Section 9410 shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth in Section 9410 shall contain the following condition: The work described herein requires the approval of a site plan by the Salem Planning Board pursuant to Section 9400 of the Zoning Ordinance . Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance . 9423 . Where the Planning Board approves a site plan "with conditions", and said approved site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals . 9424 . Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures . 9425 . The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein . 9426 . No deviation from an approved site plan shall be permitted without modification thereof . 9430 . Preparation of Plans . Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. Site Plans shall be submitted on 24-inch by 36-inch sheets . Plans shall be prepared by a Registered 64 Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate . Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal . All plans shall have a minimum scale of 1"=20 ' . 9440 . Contents of Plan. The contents of the site plan are as follows : 9441 . Six (6) separate plans prepared at a scale of one (1) inch equals twenty (20) feet or such other scale as may be approved by the planning board. The plans are as follows : a . Locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1, 000) feet from the project boundaries or such other distance as may be approved or required by the planning board. b . Site layout, which shall contain the boundaries of the lot (s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas . C. Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage, and all wetlands including floodplain areas . d. Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site . e . Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering. f . Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures . 9442 . The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof . There 65 shall be submitted a written estimate, showing in detail the costs of all site improvements planned. 9443 . A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this ordinance . 9444 . The site plan shall be accompanied by drainage calculations by a registered professional engineer . Storm drainage design must conform to City of Salem subdivision regulations . 9445 . The Planning Board may require a DIS as set forth in Section 9300, above . 9446 . Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board. 9450 . Waiver of Compliance; Minor and Major Site Plans. The Planning Board may, upon written request of the applicant, waive any of the technical requirements of Section 9430 and 9440 where the project involves relatively simple development plans or constitutes a minor site plan. An application for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will not exceed a total gross floor area of 2000 square feet, or an application which will not generate the need for more than 10 parking spaces shall be deemed a "minor site plan. " For the purposes of computing the total gross floor area of a minor site plan, the Planning Board shall aggregate all such applications made within the five (5) previous calendar years . Minor site plans shall set forth all of the information required by Section 9440; provided, however, that the scale of the site plan may be 1 ' = 80 ' , and the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey. 9460 . Approval. Site Plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives . The Planning Board may impose reasonable conditions at the expense of the applicant, including but not limited to those set forth in Section 9360, to promote these 66 objectives . Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board' s Subdivision Rules and Regulations . New building construction or other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to : 9461 . Minimize the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution; 9462 . Maximize pedestrian and vehicular safety both on the site and egressing from it; 9463 . Minimize obstruction of scenic views from publicly accessible locations; 9464 . Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned; 9465 . Minimize glare from headlights and lighting intrusion; 9466 . Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places . 9467 . Minimize contamination of groundwater from on-site waste-water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances; 9468 . Ensure compliance with the provisions of this Zoning Ordinance, including parking and landscaping. 9470 . Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause . Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant . 9480 . Regulations; Fees . The Planning Board may adopt and from 67 - time to time amend reasonable regulations for the administration of these Site Plan guidelines . The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review. 9490 . Appeal. Any decision of the Planning Board pursuant to this Section 9900 shall be appealed in accordance with the provisions of G .L. c. 90A, s . 17 to a court of competent jurisdiction. 68 'R e t JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem,MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Tel: (978)744-9800 Fax: (978)740-0072 Fax:(978)744-7660 Email:jdkeenanlaw@aol.com Email:gilbert@salemlawyer.com October 19, 2001 Kevin Harvey, Councilor-at-Large 4 Winter Island Road Salem, Massachusetts 01970 RE: Zoning Freeze Under Mass. Gen. L. c. 40A, Section 6 Dear Councilor Harvey: Per your question last evening at the public hearing, I just wanted to clarify and substantiate, with legal reference, my suggestion that the so-called Dell Street project may not be impacted by the proposed zoning change. You are correct about some projects being subject to the new change upon "first publication of notice of the public hearing". This refers to structures or uses lawfully in existence or lawfully begun or to building or special permits. (see paragraph 1 of Section 6.) Thus, if you pulled a building permit after the first notice, you would not be grandfathered. This zoning freeze is generally referred to as a "nonplan" freeze. The other zoning freeze, to which I referred last evening, is generally known as a "plan" freeze. This comes in paragraph 5 of Section 6. This provision freezes the zoning in effect at the time of the submission. The effective date of an amendment is the time adopted (not publication) by the City Council. (Section 5, paragraph 8). The proposed amendment is not now in "effect." There are some conditions that need to be met for this freeze; however, at this time, I suspect that this is the course of action taken by Mr. Steadman and why he filed his preliminary subdivision plan in July. For this reason, I believe that it is legal and appropriate for the plan to be before the Planning Board. S As always, this office is available to answer any questions you may have pertaining to this matter. Very best regards, Joh D. Keenan, Esq. ENC. Mass. Gen. L. c. 40A, Sections 5 & 6) cc. alem Planning Board Leonard O'Leary, Ward Four Councilor ICTS ZONING 40A § 5 issues. Public Notes of Decisions d ass. 22. Spot zoning 6 Rando v. Town of North Attleborough (1998) 692 N.E.2d 544,44 Mass.App.Ct.603. tions Amendment to town zoning by-law which iumte- 2. Density regulations changed 37 acres of land from residential to com- ty was McCausland v. Board of Appeals of Salisbury mercial zoning district was not impermissible"spot �7d care (1978)375 N.E.2d 335,[main volume]6 Mass.App. zoning,"as would violate State and Federal Consti- pt for Ct.288. tutions and zoning uniformity statute;while owner height of parcel would clearly benefit, general public also .on,was 6. Spot zoning received considerable benefits,m amendment com- 'dential "Spot zoning," which violates equal protection pensated for earlier rezoning of 60 acres of com- (8000) guaranteed by State and Federal Constitutions mercial land to residential use,and parcel in ques. and statutory zoning uniformity requirement, oc- tion was adjacent to commercial district on main curs when there is a singling out of one lot for thoroughfare and was obvious area for expansion °lumta. different treatment from that accorded to similar of commercial zone. Rando v. Town of North y was surrounding land indistinguishable from it in char- Attleborough (1998)692 N.E.2d 544,44 Mass.App. ase of a acter,all for economic benefit of owner of that lot. Ct.603. approxi- facility; impede § 5. Adoption or change of zoning ordinances or by-laws; procedure facility Zoning ordinances or by-laws may be adopted and from time to time changed by O f�e amendment, addition or repeal, but only in the manner hereinafter provided. Adoption or (2000) change of zoning ordinances or by-laws may be initiated by the submission to the city council or board of selectmen of a proposed zoning ordinance or by-law by a city council, a board of selectmen, a board of appeals, by an individual owning land to be affected by change or idence" adoption, by request of registered voters of a town pursuant to see on ten of chapter thirty- xdthin nine,by ten registered voters in a city,by a planning board,by a regional planning agency or providing by other methods provided by municipal charter. The board of selectmen or city council shall _prohibit within fourteen days of receipt of such zoning ordinance or by-law submit it to the planning ory or board for review. fatlyyy No zoning ordinance or by-law or amendment thereto shall be adopted until after the denied Planning board in a city or town, and the city council or a committee designated or appointed for the purpose by said council has each held a public hearing thereon,together or separately, d town's at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within sixty-five days after the proposed zoning ordinance or by-law is submitted barn as to the planning board by the city council or selectmen or if there is none, within sixty-five s after the barn days proposed zoning ordinance or by-law is submitted to the city council or 'c and selectmen. Notice of the time and place of such public hearing, of the subject matter, mmpli- sufficient for identification, and of the place where texts and maps thereof may be inspected only by i shall be published in a newspaper of general circulation in the city or town once in each of two ating successive weeks,the first publication to be not less than fourteen days before the day of said Me as hearing,and by posting such notice in a conspicuous place in the city or town hall for a period aesth- of not less than fourteen days before the day of said hearing. Notice of said hearing shall iatric- also be sent by mail, postage prepaid to the department of housing and community on of development,the regional planning agency,if any, and to the planning board of each abutting care cities and towns.' The department of housing and community development, the regional ,.ities planning agency, the planning boards of all abutting cities and towns and nonresident of property owners who may not have received notice by mail as specified in this section may x;47, 45 grant a waiver of notice or submit an affidavit of actual notice to the city or town clerk prior ,1079. to town meeting or city council action on a proposed zoning ordinance, by-law or change thereto. Zoning ordinances or by-laws may provide that a separate, conspicuous statement shall be included with property tax bills sent to nonresident property owners, stating that notice of such hearings under this chapter shall be sent by mail,postage prepaid,to any such p owner who files an annual request for such notice with the city or town clerk no later than January first, and pays a reasonable fee established by such ordinance or by-law. In cases �6d involving boundary, density or use changes within a district, notice shall be sent to any such nonresident property owner who has filed such a request with the city or town clerk and whose property lies in the district where the change is sought. No defect in the form of any notice under this chapter shall invalidate any zoning ordinances or by-laws unless such defect is found to be misleading. 11 . .A- 40A § 5 CITIES, TOWNS AND DISTRICTS ZONIN Prior to the adoption of any zoning ordinance or by-law or amendment thereto which seeks of the I to further regulate matters established by section forty of chapter one hundred and thirty-one action. or regulations authorized thereunder relative to agricultural and aquacultural practices, the city or town clerk shall, no later than seven days prior to the city council's or town meeting's Amended public hearing relative to the adoption of said new or amended zoning ordinances or by-laws, 'So in give notice of the said proposed zoning ordinances or by-laws to the farmland advisory board established pursuant to section forty of chapter one hundred and thirty-one. No vote to adopt any such proposed ordinance or by-law or amendment thereto shall be 1996 Legi taken until a report with recommendations by a planning board has been submitted to the St-1996 town meeting or city council, or twenty-one days after said hearing has elapsed without proved Ai submission of such report. After such notice, hearing and report, or after twenty-one days 1998 Legi shall have elapsed after such hearing without submission of such report,a city council or town St.1998, meeting may adopt, reject,or amend and adopt any such proposed ordinance or by-law. If a proved Ju city council fails to vote to adopt any proposed ordinance within ninety days after the city council hearing or if a town meeting fails to vote to adopt any proposed by-law within six months after the planning board hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as provided. Defects laws,see r No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all the members of the town council,or of the city council where there is a commission form of government or a single branch, or of each branch where there are two branches, or by a two-thirds vote of a town meeting; provided, however,that if in a city Motive or town with a council of fewer than twenty-five members there is filed with the clerk prior to proving or as affectin; final action by the council a written protest against such change, stating the reasons duly Validity signed by owners of twenty per cent or more of the area of the land proposed to be included quiremente - in such change or of the area of the land immediately adjacent extending three hundred feet of zoning 0 therefrom, no such change of any such ordinance shall be adopted except by a three-fourths Validity vote of all members. - 30 ALR3d AdoptionNo proposed zoning ordinance orb -law which has been unfavorably acted upon by a city thereto tint council or town meeting shall be considered by the city council or town meeting within two Zoning: years after the date of such unfavorable action unless the adoption of such proposed -zoning star ordinance or by-law is recommended in the final report of the planning board. neighborin, When zoning by-laws or amendments thereto are submitted to the attorney general for approval as required by section thirty-two of chapter forty, he shall also be furnished with a statement which may be prepared by the planning board explaining the by-laws or amend- Texts and' ments proposed, which statement may be accompanied by explanatory maps or plans. 82 Am J he effective date of the adoption or amendment of any zoning ordinance or by-law shall be seq. the a on w 1c ion or amen men was vo upon by a clty counc or town 20 Am Jur meeting; if in 1�in a wnTiAtt mor pamphTe anl�posEmg is subsequently §§ 2 made or publication in a newspaper pursuant to section thirty-two of chapter forty. If, in a town, said by-law is subsequently disapproved, in whole or in part, by the attorney general, the previous zoning by-law, to the extent that such previous zoning by-law was changed by Rezoning the disapproved by-law or portion thereof, shall be deemed to have been in effect from the permit raci: date of such vote. In a municipality which is not required to submit zoning ordinances to the income hou: attorney general for approval pursuant to section thirty-two of chapter forty, the effective date of such ordinance or amendment shall be the date passed by the city council and signed by the mayor or,as otherwise provided by ordinance or charter; provided,however,that such 36. — I ordinance or amendment shall subsequently be forwarded by the city clerk to the office of the nano attorney general. Shannon, A true copy of the zoning ordinance or by-law with any amendments thereto shall be kept [main volae on file available for inspection in the office of the clerk of such city or town. No claim of invalidity of any zoning ordinance or by-law arising out of any possible defect in § 6. Exi the procedure of adoption or amendment shall be made in any legal proceedings and no state, ti regional, county or municipal officer shall refuse, deny or revoke any permit, approval or Except a certificate because of any such claim of invalidity unless legal action is commenced within the or uses law time period specified in sections thirty-two and thirty-two A of chapter forty and notice the first pr specifying the court, parties,invalidity claimed,and date of filing is filed together with a copy section five 12 1. t 'IES, TOWNS AND DISTRICTS ZONING 40A § 6 lr amendment thereto which seeks of the petition with the town or city clerk within seven days after commencement of the :hapter one hundred and thirty-one action. ral and aquacultural practices, the Amended by St.1996,c.258,§ 16; St-1998,c. 161,§ 255. ;he city council's or town meeting's ided zoning ordinances or by-laws, 'So in enrolled bill. iws to the farmland advisory board :d and thirty-one. Historical and Statutory Notes iw or amendment thereto shall be 1996 Legislation ed "housing and community development" for board has been submitted to the St.1996, c. 258, § 16, an emergency act, ap- "community affairs". said hearing has elapsed. without proved Aug.7, 1996,inserted the third paragraph. d report, or after twenty-one days 1998 Legislation f such report,a city council or town St.1998, c. 161, § 255, an emergency act, ap- oroposed ordinance or by-law. If a proved July 2, 1998,the corrections bill,substitut- e within ninety days after.the city pt any proposed by-law within six Cross References all be taken thereon until after a Defects in procedure, validation of zoning by- i provided. laws,see c.40,§ 32. ihall be adopted or changed except il, or of the city council where there American Law Reports or of each branch where there are Motive of members of municipal authority provided, however, that if in a city proving or adopting zoning ordinance u hornyregulation Zoning: what constitutes "incidental" or "acces- there is filed with the clerk prior to as affecting its validity.71 ALR2d W. sou" use ti property zoned, and primarily used, h change, stating the reasons duly Validity and construction of statutory notice re- for residential purposes.59 ALR4th 1039. of the land proposed to be included quirements prerequisite to adoption or amendment Zoning: what constitutes "incidental" or "acces- 'lacent extending three hundred feet of zoning ordinance or regulation. 96 ALR2d 449. sory" use of pmperty zoned, and primarily used, adopted except by a three-fourths Validity and effect of"interim"zoning ordinance. for business or commercial purposes. 60 ALR4th 30 ALR3d 1196. 907. Adoption of zoning ordinance or amendment Zoning:construction and effect of statute requir- m unfavorably acted upon by a city thereto through initiative process. 72 ALR3d 991. ing that zoning application be treated as approved council or town meeting within two Zoning:validity and construction of provisions of if not acted on within specified ss the adoption of such proposed zoning statuteorordinance regarding protest by P period of time. 66 ALR4th 1012. the planning board. neighboring property owners.7 ALR4th 732. emitted to the attorney general for - ty, he shall also be furnished with a Library References d explaining the by-laws or amend- Texts and Treatises Mendler, Massachusetts Conveyancers' Hand- 9d by explanatory maps.or plans. 82 Am Jur 2d, Zoning and Planning §§ 47 et book with Forms,§§ 11:1-11;7,Zoning. e zoning ordinance or by-law shall be seq. .ted upon by a city Council or town 20 Am Jur Legal Forms 2d, Zoning and Planning amphlet and posting is subsequently §§ 26821 et seq.,268:35,268:36. thirty-two of chapter forty. If, in a or in part, by the attorney general, - United States Supreme Court mous zoning by-law was changed by Rezoning to allow multi-family classification to Metropolitan Housing Development Corp., U.S.III. ned to have been in effect from the permit racially integrated and low and moderate 1977,97 S.Ct.555,429 U.S.252,50 L.Ed.2d 450,on d to submit zoning ordinances to the income housing,see Village of Arlington Heights v. remand 558 F2d 1283. y-two of chapter forty, the effective eassed by the city council and signed Notes of Decisions .barter; provided,however,that such 36. — Defective procedures,validity of ordi-- d by the city clerk to the office of the nances or by-laws or amendments Shannon v. Building Inspector of Woburn(1952) ly amendments thereto shall be kept [main volume] 105 N.E.2d 192, 328 Mass. 633. such city or town, w arising out of any possible defect in § 6. Existing structures, uses, or permits; certain subdivision plans; applica- n any legal proceedings and no state, tion of chapter 1 or revoke any permit, approval or Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures legal action is commenced within the r uses lawfully in existence or lawfully begun,or to a building or special permit issued before ,-two A of chapter forty and notic the fust,publication of notice of the public hearin on such ordinance or by-law required by of filing is filed together with a copy section eve, but shall app y to any c ange or subs antial extension of such use, to a building ,I rr 13 So 1.4�'�y�n q Qla�l T�Y�ZG 1f a 4OA § 6 CITIES, TOWNS AND DISTRICTS ZONING or special permit issued after the first notice of said public hearing, to any reconstruction, is being processed c extension or structural change of such structure and to any alteration of a structure begun await the determin: after the first notice of said public hearing to provide for its use for a substantially different years from the ds purpose or for the same purpose in a substantially different manner or to a substantially subdivision control I greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said Disapproval of a structure. Pre-existing nonconforming structures or uses may be extended or altered, under the provision: provided, that no such extension or alteration shall be permitted unless there is a finding by plan is made under the permit granting authority or by the special permit granting authority designated by the conclusion of vo: ordinance or by-law that such change, extension or alteration shall not be substantially more judgment or stipulat detrimental than the existing nonconforming use to the neighborhood. This section shall not jurisdiction, the apI apply to establishments which display live nudity for their patrons, as defined in section nine ordinance or by-law A, adult bookstores, adult motion picture theaters, adult paraphernalia shops, or adult video submitted, together, stores subject to the provisions of section nine A. - of any order or deer( A zoning ordinance or by-law shall provide that construction or operations under a building In the event that or special permit shall conform to any subsequent amendment of the ordinance or by-law matter of any appe: unless the use or construction is commenced within a period of not more than six months extended for a peril. after the issuance of the permit and in cases involving construction, unless such construction ment of litigation, wl is continued through to completion as continuously and expeditiously as is reasonable. adjudication is in fav, A zoning ordinance or by-law may define and regulate nonconforming uses and structures The record owner abandoned or not used for a period of two years or more. recorded in the regist Any increase in area,frontage,width,yard,or depth requirements of a zoningordinance or of this section, in whi by-law shall not apply to a lot for single and two-family residential use which t the time of of submission c an not constitute suc recording or endorsement, whichever occurs sooner was not held in common ownershipwith - h a of the ordinance or In any adjoining land, conformed to then existing requirements and had less than the proposed by the waiver describe requirement but at least five thousand square feetofarea and fifty feet of frontage. Any the ordinance or by-1a increase in area,frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after January Amended by St.1994,c.6 first, nineteen hundred and seventy-six, whichever is later; to a lot for single and two family residential use,provided the plan for such lot was recorded orendorsedand such lot was held in common ownership with any adjoining .land and conformed to the existing zoning 1994 Legislation requirements as of January fust, nineteen hundred and seventy-six, and had less area, St.1994,c. 60, § 67,ap, frontage,width,yard or depth requirements•than the newly effective zoning requirements but by § 315 made effective contained at least seven thousand five hundred square feet of area and seventy-five feet of fust paragraph,in the thi frontage, and provided that said five year period does not commence prior to January first, adult bookstores, adult nineteen hundred and seventy-six, and provided further that the provisions of this sentence adult paraphernalia shot shall not apply to more than three of such adjoining lots held in common ownership. The subject to the provisions c provisions of this paragraph shallnot be construed to prohibit a lot being built upon,if at the 1996 Legislation time of the building, building upon such lot is not prohibited by the zoning ordinances or by- St 1996, C. 345, § 1, aF laws in effect in a city or town, the first paragraph,in thf If a definitive plan,ora grelimmary PIan followed within seven months by a definitive plan, `establishments which dis is submitted to a planning bdNFd for approval under the subdivision control law, and written patrons,as defined in sect notice of such submission has been given to the city or town clerk before the effective date of 2000 Legislation ordinance or by-law, the land shown on such plan shall be governed by the applicable St.2000, c. 29, approve. tJ provisions of the zoning ordinance or by-law, if any, in effect at the time of the first such fust Paragraph,in the Chir V submission while such plan or plans are being process( un er the subdivision control law, c1jT'i1 and, f,t such definitive plan or an amendment thereof is finally approved, for eight years from the date of the endorsement of such approval, except in the case where such plan was Zoning: change in own( S submitted or submitted and approved before January fust,nineteen hundred and seventy-six, business or use as affe,ti. d for seven years from the date of the endorsement of such approval. Whether such period is thereof.9ALR2d 1039. eight years or seven years, it shall be extended by a period equal to the time which a city or 0Validity of front setba c . town imposes or has imposed upon it by a state,a federal agency or a court,a moratorium on ordinance or regulation. a construction,the issuance of permits or utility connections. - Construction of front sel When a plan referred to in section eighty-one P of chapter forty-one has been submitted to ing ordinance or regulation. a planning board and written notice of such submission has been given to the city or town ty and constructionValidi clerk,the use of the land shown on such plan shall be governed by applicable provisions of the q Validity prerequisite to -law in effect at the time of the submission of such plan while such plan Of zoning ordinance or reg zoning ordinance or by 14 ,TOWNS AND DISTRICTS ZONING 40A § 6 iearing, to any reconstruction, is being processed under the subdivision control law including the time required to pursue or alteration of a structure begun await the determination of an appeal referred to in said section, and for a period of three. Ise for a substantially different years from the date of endorsement by the*planning board that approval under the t manner or to a substantially subdivision control law is not required, or words of similar import. Psion or structural change to a Disapproval of a plan shall not serve to terminate any rights which shall have accrued .e nonconforming nature of said under the provisions of this section, provided an appeal from the decision disapproving said may be extended or altered, plan is made under applicable provisions of law. Such appeal shall stay, pending either (1) ;ted unless there is a finding by the conclusion of voluntary mediation proceedings and the filing of a written agreement for anting authority designated by judgment or stipulation of dismissal, or(2)the entry of an order or decree of a court of final shall not be substantially more jurisdiction, the applicability to land shown on said plan of the provisions of any zoning .borhood' This section shall not ordinance or by-law which became effective after the date of submission of the plan first trons, as defined in section nine submitted,together with time required to comply with any such agreement or with the terms aphernalia shops, or adult video of any order or decree of the court. In the event that any lot shown on a plan endorsed by the planning board is the subject n or operations under a building matter of any appeal or any litigation, the exemptive provisions of this section shall be gent of the ordinance or by-law extended for a period equal to that from the date of filing of said appeal or the commence- 1d of not more than six months ment of litigation,whichever is earlier, to the date of final disposition thereof, provided final ruction,unless such construction adjudication is in favor of the owner of said lot. expeditiously as is reasonable. The record owner of the land shall have the right, at any time, by an instrument duly nconforming uses and structures recorded in the registry of deeds for the district in which the land lies,to waive the provisions of this section,in which case the ordinance or by-law then or thereafter in effect shall apply. rements of a zoning ordinance or The submission of an amended plan or of a further subdivision of all or part of the land shall idential use which at the time of not constitute such a waiver, nor shall it have the effect of further extending the applicability held in common ownership with of the ordinance or by-law that was extended by the original submission, but,if accompanied s and had less than the proposed by the waiver described above,shall have the effect of extending,but only to extent aforesaid, and fifty feet of frontage. Any the ordinance or by-law made then applicable by such waiver. t of a zoning ordinance or by-law Amended by St.1994,c.60,§ 67; St.1996,c.345,§ 1; St.2000,c.29; St.2000,c.232. ite or for five years after January to a lot for single and two family Historical and Statutory Notes or.endorsed and such lot was held Legislation nformed to the existing zoning 1994 Le g boards,signs and other advertising devices subject seventy-six, and had less area, St.1994,c. 60, § 67,approved July 10, 1994,and to the provisions of sections twenty-nine through effective zoning requirements but by § 315 made effective as of July 1, 1994, in the thirty-three, inclusive, of chapter ninety-three, �t feet of fust paragraph,in the third sentence,added"or to and to chapter ninety-three D or to" following of area and seventy-five adult bookstores, adult motion picture theaters, "shall not apply to". commence prior to January first, adult paraphernalia shops, or adult video stores at the Provisions of this sentence subject to the provisions of section nine A". seventh 0, c. 232, approved Aug. nt 2000, in the P ) p seventh paragraph, in the fust sentence, deleted held in common ownership. The 1996 Legislation "the subdivision control"following"applicable pro- id y the being built upon,e caning ordinances if at the or by- St.1996, c. 345, § 1, approved Aug. 9, 1996, in visions of'; in the second sentence, inserted "ei- ! by ththe first paragraph,in the third sentence,inserted ther(1)the conclusion of voluntary mediation pro- "establishments which display live nudity for their ceedings and the filing of a written agreement for seven months by a definitive plan, patrons,as defined in section nine A,". judgment or stipulation of dismissal, or (2) the zbdivision control law,and written entry of following"pending",and added",togeth- e effective date of 2000 Legislation er with time required to comply with any such n clerk before th 11 be governed a the applicable St.2000, c. 29, approved Feb. 17, 2000, in the agreement or with the terms of any order or affect at the time of the fust such first paragraph,in the third sentence,deleted"bill- decree of the court". under the subdivision control law, _ American Law Reports ally approved, for eight years from in the case where such plan was Zoning: change in ownership of nonconforming Validity and construction of zoning regulations nineteen hundred and seventy-six, business or use as affecting right to continuance prescribing a minimum width or frontage for resi- approval. Whether such period is thereof.9 ALR2d 1039. dence lots.96 ALR2d 1367. d equal to the time which a city or Validity of front setback provisions in zoning Validity and construction of zoning regulations agency or a court,a moratorium on ordinance or regulation.93 ALR2d 1223. prescribing maximum percentage of residence lot Construction of front setback provisions in son- area which may be occupied by buildings. 96 iter forty-one has been submitted to ing ordinance or regulation.93 ALR2d 1244. ALR2d 1396. has been given to the city or town Validity and construction of statutory notice re- Retroactive effect of zoning regulation, in ab- 7rned by applicable provisions of the quirements prerequisite to adoption or amendment sence of saving clause, on validly issued building mission of such plan while such plan of zoning ordinance or regulation. 96 ALR2d 449. permit.49 ALR3d 13. - 15 �� (�i# of Sttleiii, C- ' ssttci��zs>° #� . ': � �F �l�tttltittg �Darl '�'s�cu°sds (onr ikile t1 (firm Salem Planning Board Condominium Approvals January 1984 - July 1988 Downtown Projects China Square 75 units Essex Court Condominiums 107 units Church Court 14 units Essex House Condos 41 units TOTAL 237 units Non- Downtown Projects Pickman Park (Phases 1 , II & III) 302 units Village at Vinnin Square , 377 units Eafard (Phases I & 11 only) 298 units Collins Cove Condominiums 36 units Tedesco Pond 14 units Cogswell School. Residences 8 units Creystone Manor 10 units Stasinos 140 units Salem Shoe 60 units TOTAL 1 ,245 units J151 � X'H r � J � SUBDIVISIONS Address Subdivision Name Engineer/Surveyor Approved Almeda St. Almeda St. Otte&Dwyer Inc.• Sept. 18, 198 Barnes St. Barnes Circle Essex Survey Service* MaV I, 1986 Berrywood Lane Berrywood Lane Kevin Hinds/Scott Patrowlee Se t._17 199 e, Wf r Calmet St. Calmet St. T&M Engineering Assoc Inc.* r.17T1986 Cedarview St. Cedarview St. North Shore Survey Corp.* J' 7, 1988 Champlain Rd. Champlain Rd. T&M EngineeringAssoc., Inc.* Sept.8, 1988 Champlain Rd. Champlain Rd. T&M Engineering Assoc., Inc.* Oct..20;1988 Clark Ave. Clark Ave. Extension Landmark En ineerin &Surve "J 21"1988 Clark St. Clark St. Extension Parsons&Faid, Inc.* Au .31, 1987 Clark St. Plan of Land in Salem T&M Engineering Assoc., Inc.* Se It. 18,198 Crowdis St. Crowdis St. Essex SurveV Service* July 2, 1987 Crowdis St. Crowdis St. Robert Sotiros• Nov.30,1989 Emmerton Ave./Greenway Rd. Emmerton Ave./Greenway Rd. T&M Engineering Assoc., Inc." Mar. 5, 1986 Freeman Rd. 18 Freeman Rd. Eastern Land Survey Associates Dec.2, 1993 Greenlawn/Coverdale/Glenn Ave. Land of Donald&Ann Emerton Stanley Bornstein* Dec.2, 1982 Greenway Rd. Plan of land belonging to George Baliotis Cape Ann Land Surveyors* Nov. 14, 1985 Highland Ave. Plot&Profile in Salem; Nicholas Fiore,Jr. Landmark Engineering Aug. 1 , 1985 Hilton St. Hilton St. Eastern Land Associates* Au . 12, 1989 Middle St. Middle St. Extension Carter&Towers Engineering* Oct.5, 1989 Oakview Ave. 22 Oakview Ave. Robert Canton May 21, 1987 Ome St. Orne St./Rand Rd. Extension Essex Survey Service Au . 14, 1986 Padee St. Richard Malone Parlee St. Extension Parsons&Faid, Inc.' Apr. 17, 1986 Pickman Park Pickman Park Parsons&Faid, Inc.* May 15, 1986 Sable Rd. Sable Rd. Hayes Engineering, Inc. June 6, 1985 Sable Heights II Sable Heights II North Shore Surveyorp.* July 29, 1993 Salt Wall Lane Salt Wall Lane North Shore Survey orp. June 6, 1989 Station Rd. Station Rd. Carter&Towers Engineering* Me 5, 1988 Sutton Hill Sutton Hill Parsons&Faid, Inc.* ril 2, 1990 Village at Vinnin Square Village at Vinnin Square Essex Survey Service* May 15, 1986 Vista Ave. Vista Ave. T&M Engineering Assoc., Inc." Jan. 23, 1986 Winter Island Pier Winter Island Pier Allen Reed* Jan. 7, 1988 As built plans SUBDIVISIONS Address Subdivision Name Engineer/Surveyor Approved Almeda St. Almeda St. Otte &Dwyer Inc. * Sept. 18, 1986 Barnes St. Barnes Circle Essex Survey Service" May I, 1986 Berrywood Lane Berrywood Lane Kevin Hinds/Scott Patrowlez* Se t. 17, 1992 Calmet St. Calmet St. T&M Engineering Assoc., Inc.* Apr. 17, 1986 Cedarview St. Cedarview St. North Shore Survey Corp.* July 7, 1988 Champlain Rd. Champlain Rd. T&M Engineering Assoc., Inc." Sept. 8, 1988 Champlain Rd. Champlain Rd. T&M Engineering Assoc., Inc." Oct.20, 1988 Clark Ave. Clark Ave. Extension Landmark Engineering&Survey*July 21, 1988 Clark St. Clark St. Extension Parsons&Faid, Inc.* Aug. 31, 1987 Clark St. Plan of Land in Salem T&M Engineering Assoc., Inc." Sept. 18, 198 Crowdis St. Crowdis St. Essex Survey Service* July 2, 1987 Crowdis St. Crowdis St. Robert Sotiros" Nov. 30, 1989 Emmerton Ave./Greenway Rd. Emmerton Ave./Greenway Rd. T&M Engineering Assoc., Inc.* Mar. 5, 1986 Freeman Rd. 18 Freeman Rd. Eastern Land Survey Associates Dec. 2, 1993 Greenlawn/Coverdale/Glenn Ave. Land of Donald&Ann Emerton Stanley Bornstein* Dec.2, 1982 Greenway Rd. Plan of land belonging to George Baliotis Cape Ann Land Surveyors* Nov. 14, 1985 Highland Ave. Plot& Profile in Salem; Nicholas Fiore,Jr. Landmark Engineering Aug. 1 , 1985 Hilton St. Hilton St. Eastern Land Associates* Aug. 12, 1989 Middle St. Middle St. Extension Carter&Towers Engineering* Oct. 5, 1989 Oakview Ave. 22 Oakview Ave. Robert Canton May 21, 1987 Orne St. Orne St./Rand Rd. Extension Essex Survey Service Aug. 14, 1986 Parlee St. (Richard Malone) Parlee St. Extension Parsons&Faid, Inc.* Apr. 17, 1986 Pickman Park Pickman Park Parsons&Faid, Inc." May 15, 1986 Sable Rd. Sable Rd. Hayes Engineering, Inc. June 6, 1985 Sable Heights II Sable Heights II North Shore Survey Corp." July 29, 1993 Salt Wall Lane Salt Wall Lane North Shore Survey Corp. June 6, 1989 Station Rd. Station Rd. Carter&Towers Engineering* May 5, 1988 Sutton Hill Sutton Hill Parsons& Faid, Inc.* April 2, 1990 Village at Vinnin Square Village at Vinnin Square Essex Survey Service* May 15, 1986 Vista Ave. Vista Ave. T&M Engineering Assoc., Inc.* Jan.23, 1986 Winter Island Pier Winter Island Pier Allen Reed* Jan. 7, 1988 "As built plans SUBDIVISIONS Address Subdivision Name Engineer/Surveyor Approved Almeda St. Almeda St. Otte&D er Inc.' Sept. 18, 198 Barnes St. Barnes Circle Essex Survey Service' May! 1986 Berrywood Lane Berrywood Lane Kevin Hinds/Scott Patrowlez' Se t .17 199 Calmet St. Calmet St. T&M Engineering Assoc Inc.'_ rs17"1986 Cedarview St. Cedarview St. North Shore Surve Co J ;7 1988' Champlain Rd. Champlain Rd. T&M Engineering Assoc., Inc.' Sept.8, 1988 Champlain Rd. Champlain Rd. T&M Engineering Assoc., Inc.' Oct::20-1988 Clark Ave. Clark Ave. Extension Landmark En ineerin &Survey J .21'-.',1988 Clark St. Clark St. Extension Parsons&Faid, Inc.* Au'.31, 1987 Clark St. Plan of Land in Salem T&M Engineering Assoc., Inc.' Sept. 18, 198 Crowdis St. Crowdis St. Essex Survey Service' Ju 2;1987 Crowdis St. Crowdis St. Robert SotiroS' Nov. 301-1989 Emmerton Ave./Greenway Rd. Emmerton Ave./Greenway Rd. T&M Engineering Assoc., Inc.` Mar.5, 1986 Freeman Rd. 18 Freeman Rd. Eastern Land Surve Associates Dec.-2;1993 Greenlawn/Coverdale/Glenn Ave. Land of Donald&Ann Emerton Stanley Bornstein' Dec.2, 1962 Greenway Rd. Plan of land belonging to George Baliotis Cape Ann Land Surveyors* Nov. 14, 1985 Highland Ave. Plot&Profile in Salem; Nicholas Fiore,Jr. Landmark Engineering Aug. 1 , 1985 Hilton St. Hilton St. Eastern Land Associates• Au . 12, 1989 Middle St. Middle St. Extension Carter&Towers En ineerin ' Oct 5,1989 Oakview Ave. 22 Oakview Ave. Robert Canton Ma 21, 1987 Orne St. Orne St./Rand Rd. Extension Essex Survey Service Au . 14, 1986 Pariee St. Richard Malone Parlee St. Extension Parsons&Faid, Inc.' Apr. 17, 1986 Pickman Park Pickman Park Parsons&Faid, Inc' May 15, 1986 Sable Rd. Sable Rd. Hayes Engineering, Inc. June 6, 1985 Sable Heights II Sable Heights II North Shore Surveyorp.* July 29, 1993 Salt Wall Lane Salt Wall Lane North Shore Surve orp. June 6, 19B9 Station Rd. Station Rd. Carter&Towers Engineering' Ma 5, 1988 Sutton Hill Sutton Hill Parsons& Faid, Inc.' Aril 2, 1990 Village at Vinnin Square Village at Vinnin Square Essex Survey Service' May 15, 1986 Vista Ave. Vista Ave. T&M Engineering Assoc., Inc.' Jan.23, 1986 Winter Island Pier Winter Island Pier Allen Reed' Jan. 7, 1988 As built plans Existing Zoning District Percentages DISTRICT ACREAGE PERCENT OF ALL ZONING RC 1189.8 AC 22.7 % RI 1922.2 AC 36.6 % R2 630.0 AC 11.9 % R3 398.1 AC 7.6 % B1 71.2 AC 1.4 % B2 148.2 AC 2.8 % B4 28.9 AC 0.6 % B5 132.8 AC 2.5 % BPD 242.3 AC 4.6 % I 488.1 AC 9.3 % TOTAL 5251.6 AC 100 % Proposed Zoning District Percentages DISTRICT ACREAGE PERCENT OF ALL ZONING DIFFERENCE RC 285.7 AC 5.4% - 17.3 % ROS 1184.4 AC 22.6% + 22.6 %* RI 1524.5 AC 29.0% - 7.6 % R2 697.4 AC 13.3% + 1.4 % R3 374.2 AC 7.1% - 0.5 % Bl 109.2 AC 2.1% + 0.7 % B2 126.7 AC 2.4% - 0.4 % B4 9.4 AC 0.2% - 0.4 % B5 132.8 AC 2.5% 0.0 % BPD 707. 1 AC 13.5% + 8.9 % MD 47.3 AC 0.9% + 0.9 %* Cu 53.9 AC 1.0% + 1.0 %* TOTAL 5251.6 AC 100% * - New District M17WP ay ✓ �d y gxi'f� �'app�a '�," ye;Y s �r `, ^„S�xyy�' �r�^'�,� �<q ,.,�,xv+��^'" zFyi s, 'j r a y �q a+ T t A•ti.yv hd`' � ''i -�r -aceta r > dR+'� o � �9a� ,ww ( '.'f *vs",E.a�t a xta iql '' , g '� .kaa s �f34 •�4 p, 1 i k ye . A e} ?f ' '4.�. e v , t i�"' t'"tJr xnms,��' CITY of SALEM ,�'{^ 1•'r' '` !`` ^ dg SECOND PASSAGE 10 1 �s+i"�'.t v�w+k T,. � � x Y�, �Yt���,+��r �c4. Fy f ,}i VIM �� NIE�'k .t;.�n# ` AN ORDINANCE to amend an Ordinance In the year one thousand nine hundred relat ngttotSigns Y--� �,.akt fi ='wa gam. it s"rt ' ,IR ; and Billboards. e;h -� t" °'£; rx ~ ,t.+�a.. 3 Beit ordained by the City Council of the City of Salem, as 1 ��� -. follows: L r •"+* a y�-� t„� t =` ' '' gSECTION article II, Chapter 3 of the Code of u rl wY "iP"4, '1,� k �'a '� vSp '`{" -4k Ordinances.City of Salem,effective March 30, 1973 is hereby repealed and the following Ordinance provisions are Y t. r ' , "j;'s'"y l: '$"o'� r- ^+ `�x,` ItI substituted therefor: e Y a ,^ 3—ZI PURPOSE of oltnln'nncr:. t�^ _ ,, ", ` +• �"} %?If ; '��"+� wu+t The purpose of this Ordinance is to regulate all exterior Ni 3w , 1s{'m. M°#i^ 9.�+ ,r P P r I . '" 'bv .v y . x *! ' �'a �'t��' �t. signs and all interior signs placed for exterior observance J' s hf rr .¢-"1=�`.r.arw{uak a, i y a (a z r w `s,p'r J r n. to ` � 't' k .y K+ y�i, ,m from public ways and places, but not located on city w war sk a"�YRx ,f4,sr ar.�.a "w 'fir ` �`,+. •` ` property. i#yan�4 •s[n §•`","�,1`r& cvRy +? `Ylz ^s5. x „ aG :t—YL DEFINITIONS. - + ,y -Mn + rs �tF.. t1n,4�y ,€x3r 4 1 r, . , � �, ,�, t „ tF - s , , A. "Sign" - an structure, device, light, letter, word, ,y2 �� y4k i`1, Fv A pr *" �`�r� a•�;, r�r �$y model, banner, y pennant, insignia, grade flag, or ' ^w' dm; r , ( �r A ,1 { MI �y- . Tvt;,1� `! representation which is designed to be seen from outside a Ie ,; hw ' % N" p,! .c p.•=w pr��,, •fit L .1�;,"�' �f " �,+'�+ 4 y building and which advertises a use conducted, or goods, j z # yf}+y re' Sr i ax A� „ ' r products, services or facilities available, including electric signs in windows or doors, but excluding window displays of uaYJ- 'Y•; !ie^." r ., s,� v I„.,.,-f § , merchandise and si ns incidental to the display of rig ery 4 sr aah`.M YJa . rd t..r>dv4 eft rA'ai 0 " - 94 g P Y '^a3 xg . 2 �' .y +.T4PNS � ,h^ r fAfya Srz�b.d merchandise. < -. � . ` s•i r"r`t"}• � 'els;,k h ? 'fir B. "Born, area hFor a sign, either free-standing or attached, the area shall be considered to include all lettering, wording, and u accompanying designs and symbols, together with the t 3�^ Kr �'1rrr� ,,, ,, �, background, whether open or enclosed, on which they are '�*• tk ��� " 'Yr` '`{` rvtyL? ep't-�"*w ` } ?x Y',t�",�'y-•t r¢ !r '�ty' displayed, but not including any supporting framework and bracing which are incidental to the display itself. AR-111 <� 4�� (2) For a sign painted upon or applied to a building, the ' t gyro- '4++'- k �+ s'hc+ area shall be considered to include all lettering,wording,and ' ` " • 'k r j _ { TI .;trc�f, 's" e ,a r.4�frl£<"' a °>• � �} r� � x'ryt,z+}c .>� a y r� accompanying together with anydesi ns or s symbols s ; k'� ' �F3 �• ' r kMa � ^_ f �* "t ".y'�N'^w Wit' a � a background of a different color than the natural color of the a`� "'+ `< " r&i' building. (3)Where the sign consists of individual letters or symbols s�t�! vy> ,`'�g ` -r,;°, "^`Fyo w'v v t+.' i xsi'+�MPE�.. .a3 k ' } - attached to or painted on a surface, building, canopy, ;, y �a ,yt�,. ,y *. „ ; a awning,wall or window, the area shall be considered that of ', r "+( „' �-�� •„ w the smallest rectangle or other geometric shape which encompasses all of the letters or symbols. F ,t sr`{'t, s,�;„t44IkeC .� y (4) Only one side of a projecting sign shall be counted in computing the total square feet of signs on a sign frontage. q'My' i,;��t"".���p t, +iaL�,.s.•"{3"�"�'I' "`�-�`s, t� 'r 4�., Rt '}yt`M�i'a a,.,,t�vy,Y,�,p A.y� ft,w t Na � ,. a:"4,r T`•T- R i C. "Sign, types of:" conforms to the provisions of this ordinance, and all other (1) "Sign,awning", a sign on or attached to a temporary , applicable laws,and may be issued as herinafter provided, retractable shelter which is supported entirely from the pursuant to a possible decision of the Board of Appeals. exterior wall of a building. 3-20 FEES. (2) "Sign, canopy a sign on or attached to a permanent Fees for sign permits shall be paid in accordance with the overhanging shelter which projects from the face of a schedule of fees for permits set forth in the Building Code. building and is supported only partially by said building. 1-27 NULLIFICATION. (3) "Sign,design,comprehensive,"a plan submitted to the I A sign permit shall become null and void if the work for Salem Planning Department and the Planning Board for %j which the permit was issued has not been completed within a review for signs and related architectural features on a sign j period of six months from the date of the permit, provided, frontage, a building front or a group of buildings. I however, that the Building Inspector may, in his discretion, -.(4). "Sign frontage," the length along a ground floor issue extensions covering a period not to exceed one year building front, facing a street or a private way accessible from the date of issue of the original permit. from•a street, which is occupied by a separate and distinct :1-28 INSPECTION. use, as defined by Article 8: the length along a ground floor Signs for which a permit is required may be inspected building side,facing a street,which is occupied by a separate periodically by the Building Inspector for compliance with and distinct use or by the same use which occupies the front this Ordinance and other requirements of law. of said building. 4-29 RtEMOVAL OFSIGNS ,y.;; gr+Kx•^ + ra ' (5) "Signs, marquee," a display sign attached to or hung from a marquee canopy or other covered structure a ted°o'r ain 1� 1 toff on in nceNmety ' projecting from and supported by the building and extending days noh `4�n w It g s�all•'begiyen tosthe owner ,Ih be one the buildingwall, buildingline or street lot line. sfg�, o� �, bu, dgy��t Ctute'`Eb't`p,emsesvon�wphlchsuch 6) "Sign, off-premises," a sign which advertises or an- sign ls'�loc t`e` ,rE"otremb"V the sloe to bring it?mto compli- nounces a use conducted or goods available elsewhere than ance witFi^thls•Ordlrin' e on the lot on which the sign is located. 3-30 ENFORCEMENT. (7) "Sign, on-premises", a sign which advertises or an- The Building Inspector is hereby authorized and directed nounces a use conducted or goods available on the lot on to enforce all of the provisions of this Ordinance. which the sign is located. 3—:11 FAILURE TO ACT ON PERMITS., 3-23 ERECTION, ALTERATION, PERMIT REQUIRED. If no sign permit has been issued within 30 days after No sign located on private property shall be erected, application therefore has been made,it shall be deemed to be altered or relocated without a permit issued by the Building j denied. Inspector. 332 DESIGN REVIEW. 3-24 SIGNS IN HISTORIC DISTRICTS. The total area of signs on a sign frontage may exceed the Each application with respect to a sign within a Historic amount allowed by schedules hereinafter set forth provided District must be accompanied by a certificate of appropri- that a comprehensive sign design for said sign frontage is ateness from the Historic Districts Commission, unless such j certified by the Salem Planning Department and the sign is exempt from requirement of such a certificate under Planning Board to be a complementary and harmonious Ch. 40C of the General Laws of the Commonwealth of synthesis of signs and architectural features. Massachusetts. 3-33 RIGHT OF APPEAL. :5-25 APPLICATION FOR PERMIT. Any applicant for a permit, any person who has been ordered by the inspector to incur expense in connection with Application for permit shall be submitted to the Building Inspector and must provide the name and address of the sign a sign,and any person dissatisfied with any refusal,order,or owner,the proposed location,a scale,drawing,and a sketch, decision of the Building Inspector, may appeal to the Board including an indication of colors to be used, showing the of Appeals within 30 days from the date of such refusal,order design, dimensions and position of the sign, and such other or decision. After notice given to such parties as the Board pertinent information as the building inspector may require shall order,the Board of Appeals shall hold a public hearing. to insure compliance with this ordinance and any other Applying the standards described in 3-34 below, where applicable law. A permit shall- be issued only if a sign applicable, the Board shall affirm, annul or modify such 2 3 (6)Property Property Line Sign Frontage �I Line ' METHODS OF CAFE MEASURING ISIGNAGE AREA `. ..- J J LJ L_ (1) Exposed Decorative - -� cru.—r7 •�ruW MjD �E',W - SIGN FRONTAGE (Note that this is not necessarily the same as the actual 1 length of the sign). (2) Enclosed (2) Sign Over Shop Front I IV– A ' (7)Property AB � Line arty Line 'I,' II I I I � I 'I W J i a I (4) Letters and Background (5)Letters Affixed to Painted on Wall of or Painted on, Wall w Sign Frontage on Corner Site Building of Building Total Equals A&B 4 5 i refusal, order or decision. The action of the Building shall be filed annually with the city clerk. Any failure to Inspector may be annulled or modified only by a decision of 4 - renew such bond shall be sufficient reason for the revocation of the 5 members of the Board.If the action of the Inspector is of the permit for the sign to which it applies. modified or annulled, the Building Inspector shall issue a :1-40 SAME— CERTIFICATION BY SUPERINTENDENT permit or order in accordance with the decision of the Board. OF STREETS, ETC.'i;..? _ 3-34 VARIANCES IN SPECIFIC CASES. No permitrequiredby 3-381shall be effective until the The Board of Appeals may vary the provision of this Or- superintendent of streets,and the city electrician in the case dinance in specific cases which appear to them not to have of,=illuminated isigns3'')are"securely t fastened ao^as.not`to been contemplated by this Ordinance, and in cases wherein endanger persons-upon the-sidewalkror,street?4 its enforcement would involve practical difficulties or 3-41 SAME — DURATION OF PERMIT. unnecessary hardship, if, in each instance, desirable relief I Permits required for signs or structures over a public may be granted without substantially derogating from the sidewalk or public way shall be effective only until revoked Intent and purpose of this Ordinance but not otherwise. Any by the Building Inspector, or until the sign for which the decision to vary the provision of this Ordinance shall be permit was required has been removed. unanimous and shall specify any variance allowed and the 3-42 GENERAL PROVISIONS. reasons therefor.Each decision of the Board of Appeals shall No billboards, signs or other advertising devices shall be be filed in the office of the City Clerk within thirty days after erected or maintained on or over the public ways of the city, the hearing and a copy of the decision shall be sent by mail or or on private property with public view of a public way or delivered to the appellant and any other person appearing at public park or reservation, except as may be permitted by the hearing and so requesting in writing. Failure to file such statute,the rules and regulations of the Outdoor Advertising a decision within thirty days after the hearing shall be Authority legally established thereunder, the provisions of deemed to the approval of any variance sought. this code and the ordinances of the city consistent therewith. 3-35 CONDITIONS AND SAFEGUARDS. 3-43 SAME — REPAIR AND MAINTENANCE. The Board of Appeal in granting variances shall set forth All billboards,signs or other advertising devices erected or appropriate conditions and safeguards whenever, in its maintained within the city shall be kept in repair, painted opinion, they are desirable. and in good condition,The Building Inspector may order the 3-36 PENALTIES. removal of any billboards,sign or other advertising device in Any sign owner or owner of property on which a sign is any location where the maintenance thereof constitutes a fire located who violates,or permits a violation of this ordinance, hazard,is dangerous or a menace to public health or safety, shall be subject to a fine of not more than$20.00 a day if the when the use thereof has been abandoned, or the permit for violation continues more than 90days after(a)the date of the its use has been revoked by the Building Inspector. notice referred to in 3-29 hereof is given, or (b) continues 3-44 SIGNS IN RESIDENTIAL DISTRICTS. more than 15 days after the date of conclusion of any appeal in any residential district as defined in the Salem Zoning therefrom. Ordinance, there shall not be any sign except as follows: 3-37 SIGNS OR STRUCTURES OVER PUBLIC WAYS. A.One sign,not exceeding two square feet in total area,at- Signs or structures over public ways shall, when erected, tached to the building or on a rod or post not more than four be at least ten (10)feet over the sidewalk. Signs or advertis- feet high and at least three feet in from the street line, and ing devices over a public way shall be at least twenty (20) stating only the street number or name of the occupant or feet over such public way. occupants of the lot,or both,except that in an R—C and R-1 3-38 SAME — SURETY BOND. district, such a sign may also identify professional offices No permit required for a sign over a public way or sidewalk and other home occupations (see Section 5., B. Special shall be effective until surety company bond in the sum of one Permit Uses paragraph 1., A., (4) of the Salem Zoning thousand dollars($1,000.00)conditioned to save harmless the Ordinance as adopted August 27, 1965,and as amended in for or by reason of the maintenance of August 27, 1965, September 2, 1969 and August 1, 1972) city from any claims such sign, and shall for on file wash the city clerk. provided that such a display be not more than one such SAME — TERM OF BOND. nonelectric announcement sign of an area not greater than All bonds required by 3-38 shall be for a term of one (1) 11/2 square feet and attached against the building and not year from the date of permit issuance. A renewal thereof protruding therefrom. 7 6 M bulletin or announcement board, name-sign or en- face is allowed for a sign which incorporates a public service B. One such as a time and temperature sign and (6) marker for each church or institution not exceeding message device u p g ranee mark 'res or turnbuckles. t [here are no exposed guy.wires. _sMAN _ �,. street frontage - � twenty square feet in area, except that if theg -- " E A tandln gn provided ttiAtt has no of such church or institution exceeds one hundred feet, one mo r,- o aces`�$lldii�.�ftlle�['' acetonuses as such sign for each hundred feet computed to the nearest !ileLn by'S o 6R0[ the Salem n, as hundred but in no event more than three such signs for each r .- t church or institution. a—enR- :Auguwst �S�ep� tuber ugust 1; 1972 onetl elo dy o a f each faced ems no exged sixty; C.One"For Sale"or"For Rent"sign,not exceeding eight hvensq` iar f nd he fop,o uctit Ign ]s no°N�`gher{than'•` square feet in area, advertising the property on which such hventyY fe g a`tle r (2) t�there"`�+,a�ar��thred-nor; sign is located. - nior `)s� a of fh rea'+ f i ac h des not D. One building contractor's or developer's sign, not ezcee' do°n"e.tiuiidred`twentyhvesq arefeefan tthetop„of exceeding thirty-two square feet in total area,on a lot where such st nd'o n¢o ':[�hu�,tyee4abo "gradth a' a building is actually under construction. fon +lne o[twhn"d'dr �`or ''fie 't: a . e'tw ee' E.One sign not exceeding twenty square feet per entrance 'slTad id�g.si' us w i.•� to a tract of land divided into building lots. F. Temporary signs pertaining to special sales or events F. One sign, accessory to a nonconforming use, which lasting no more than fifteen days may be affixed to windows conforms with 3-15,provided however that the area of said provided that their total area does not exceed thirty percent sign does not exceed one-half of the area allowed in of the window.No permit is required for such temporary sign non-residential districts under said Section: or signs. 3-45>ON-PREMISE;' SIGNS 'IIN NON-RESIDENTIAL:' G. Directional signs necessary for public safety and DIST,RICTS.;;*` convenience which do not exceed twelve square feet per face 'A.°All signs'allowed in residential districts. and which bear no advertising.Such signs are not counted in B. A wall sign attached parallel to a building which computing total sign area allowed by this Section. projects no more than fifteen inches from the building H. A sign painted on or attached to the face of, but not surface, provided that the top of such sign is no higher than extending above,a canopy or marquee,or a sign attached to whichever of the following if lowest: (1) twenty-five feet the under side of a canopy of marquee. above grade; (2) the top of the sills of the first level of I. A sign painted on or attached to an awning. windows above the first story; or (3) the height of the J.A sign may bear lettering to indicatethe street number, building at the building line. the name and kind of business,service or facility conducted C. A permanent non-illuminated sign on the inside of the on the premises, the year the business was established, a glass of a window, provided that the total area of the sign slogan, hours of operation, time and temperature, and does not exceed thirty percent of the total glass area of lettering which is part of a trade mark. windows appurtenant to the use to which the sign is K.The registered trade mark of a specific commodity may accessory, and provided that signs on ground floor windows occupy no more than twenty-five percent of the area of a be included in calculating the total area of signs on a sign - sign,except that if the sale of said commodity is the major frontage. D. A sign attached at right angles to a building, provided business conducted on the premises, there shall be no such that such sign has no more than two faces and (1) there is no restriction. more than one such sign for each entrance door to a business Signs shall be lighted only by any continuous light, establishment; (2)it projects no more than five feet from the except that a warning sign or a sign illuminated to show time 'Aand temperature may have intermittent illumination. Signs building; (3)the sign advertises a use which occupies at least shall remain stationary. 18 feet of sign frontage; (4) the bottom of the sign is at least M.No support for a sign shall extend above the cornice line ten feet from grade and its top is no higher than whichever of of a building to which it is attached. the following is lowest: twenty-five feet above grade; the top N.The total area (1) in square feet of all permanent signs of the sills of the first level of windows above the first story; or the height of the building at the building line; (5) the area on a sign frontage, except for signs on windows above the first floor,free standing signs,and directional signs shall not of the sign shall not exceed twenty-four square feet on either exceed: side, excepting that an additional ten square feet on each 8 9 WALL SIGNS PARALLEL TO THE BUILDING r� a IsAkAX. x) �pv(16C3 nn 1255Q' May Not Project (065Q' More Than 15" Fr• From the Face of 20 Ft. the Ruildine: - Max. 25 Ft. Max. And The Top May Not Be Higher Than The Least of the Following: Free Standing Sign - Free Standing Sign on Lot With One or on Lot With Three Two Us" or More Uses un (12) 112) cD0°1 i> Commodity TMark Coe"" G� q�113eSC#`3 25 Feel Above Sills of The Height of ��®U 526Lro.ST., Sidewalk Windows on The Building LST.1941 Trade Second Story $2 ELM SG, No More Than 25 Percent eST. 1997Q • of Total Sign Area PROJECTING SIGNS AT RIGHT ANGLES TO THE BUILDING LJ Square Feet (10) Maximum Area p6 pG (Extra 10 Square Same Height Feel Allowed Restrictions For Public as for Signs Service Message Parallel to fC� i.e. Temperature, Building (see Time, etc.) above) (td) 10 11 Average Distance of Sign From Sign Frontage(1) Center Line of Abutting Street Multiplied by i5 A 0-99 2 100-399 2.5 400 and over 3 4 Excepting that a use with less than twenty-five feet of sign 0 h frontage may have a maximum of fifty square feet of per- tl manent signs. (1) See Section 3-22 (A and B). a 0.The distance of a sign on or under a canopy,marquee or o awning from the center line of an abutting street shall be j 1 construed to be the same as if such sign were attached to the 1 building to which the said canopy, marquee or awning is •:r2t�� attached. SKays P. If the first floor of a building is substantially above i• street grade and the basement is only partially below street 6 grade, separate occupants of each level may each have one-half the square feet of signage to which a use would be entitled if it were a single ground floor use. To Find Total moa.Permitted Area For signs Q.If a building fronts on two or more streets,the sign area Thr width of the Building Frontage(A) and , for each street frontage shall be computed separately. us Distance From the Center Line of the 3-48 SIGNS IN LICENSED PARKING LOTS AND Street Must he Known (b) PARKING GARAGES. ' In the interest of public safety and convenience,there shall Total signage not be any sign in a parking lot, in any district, except: (1) so Sq. Ft. I L one sign per parking lot entrance which shall bear thereon in (16) JI I 1J LAJ U fifty percent or more of its total sign area a blue rectangle with white letter"P" being not less than fifty percent of the area of that blue rectangle, (2) a sign bearing only that information and at that location required by the Off-Street Parking Commission and (3) directional signs. i 3-47 SAME — SIGN AREA. The area of the sign containing the "P" shall not exceed \i twenty-four square feet on each face; it may have only two Less Than 25' —t^ faces and shall not exceed a height of 25 feet above grade; it - may be free standing or attached to a building. 3-48 SIGNS ON PARKING GARAGES. In the interest of public safety and convenience,there shall i i (ll) not be any sign on a parking garage,in any district,except: (1) at each vehicular entrance, one sign attached at right Each Store Has angles to the building which shall bear thereon in fifty Half of Total percent or more of its total sign area a blue rectangle with a Permissable white letter "P" being in sans serif gothic type face, the Signage letter"P"being not less than fifty percent of the area of that blue rectangle, (2) at each vehicular entrance, one optional sign directly above, and the exact width of, that entrance, and not to exceed two feet in height, and (3) a sign bearing only that information and at that location as may be required by the off-Street Parking Commission. 13 12 5--49 SAME — SIGN AREA. The area of the sign containing the "P" shall not exceed twenty-four square feet on each face; it may have only two faces and shall not exceed a height of twenty-five feel above b 24 SQ.FT. grade. MAX. AREA 5-50 ALTERATION, REPAIR AND REPLACEMENT OF ON-PREMISE SIGNS. vt 111 Letter"P"to be \ White within e 1 Except for copy changes on signs with changeable letter blue rectangle ` ( panels, no sign shall be reconstructed, extended, changed 25 Ft. 25 Ft. I structurally Or In content or replaced except in accordance Mex. (2) blue rectangle Max. to be at least with this Ordinance.A sign which does not conform with this to Ft. half the total la Ft. I Ordinance may be repaired provided that the cost of repair Min area of the Min. does not exceed thirty-five percent of the replacement cost of over sign (if over (If o public public the entire sign,except that an electric time and temperature way 1 lal area of letter way I sign which is an integral part of a nonconforming sign may "P" to be at least be repaired or replaced with no restriction on the cost of the half of the area of the blue repair or replacement. A nonconforming sign which is rectangle deemed unsafe by the building inspector shall be removed by its owner. FREE STANDING SIGN PARKING LOT SIGN 5-51 SIGNS IN URBAN RENEWAL PROJECT AREAS. FOR PARKING LOT ATTACHED TO WALL In an urban renewal project area, there shall not be any sign which does not comply with this article and with the urban renewal plan for such project area. 5-52 POLITICAL SIGNS. Sire and type of sign All signs associated with a political campaign shall be similar to that of parking lot signs (see above) exempted from the provisions of this ordinance provided that _ they be of a temporary nature and shall be removed within thirty days after the date of the election to which they refer. 5-55 SAME — PENALTY FOR NON-REMOVAL. The candidates involved shall be held responsible for the 2 Ft. Max. removal of signs and placards necessary to fulfill the r provisions of this section of the Ordinance. Failure to do so 25 xt• 6 n / 6 _ within the alotted time shall result in penalties of not more than $5.00 per day per sign with a maximum penalty of not to Ft. more than $50.00 per sign. Min. 5-54 ILLUMINATION. (if over public A. Flashing lights or simulations of traffic signals or way) emergency vehicle lights shall not be used. In addition, red aIL and green colored lights shall not be used when so placed that they could obscure or hazard the clear vision of traffic ' control signals viewed from any point on an approaching public way or if,in the opinion of the Building Inspector,such light would constitute a hazard. - B. Spotlights or floodlights shall not be aimed so that any portion of the main beam can be seen from a public way. 5-55 PROHIBITED SIGNS. SIGNS AT ENTRANCE TO PARKING GARAGE A.On-premise signs which advertise an activity,business, product or service no longer produced or conducted on the 14 Is premises upon which the sign is located are prohibited. In the G. In any event if such billboard or off-premise sign shall event that the on premise activity changes, the proprietor exceed a length of fifty (50) feet or a height of twelve (12) will have ninety (90)days to alter the sign in order to reflect feet; except that of the Building Inspector may permit the the new activity.If,after ninety (90) days,no such alteration erection of billboards, off-premise signs or other outdoor occurs,or the premises are vacant of an activity for a ninety advertising devices which do not exceed forty (40) feet in (90) day period, then the sign becomes an off-premise sign length and fifteen (15) feet in height if not nearer than three and must meet the requirements set forth in Section 3-56. hundred (300) feet to the boundary line of any public way. B. Signs which contain or consist of pennants, ribbons, H. No billboard or off-premise sign shall be erected, dis- streamers,spinners, other moving devices or other similar played or maintained in any residence district or in any block devices are prohibited. in which one-half or more of the buildings on both sides of the C. Signs which have blinking, flashing or fluttering lights street are used partially or wholly for residential purposes, (Oi, r other illuminating devices which have a changing light or in any Planned Unit Development district. tensity, brightness or color, are prohibited. I. No billboard or off-premise sign shall be erected, D.Signs which are pasted or attached to utility poles,trees, displayed or maintained until a permit has been issued by the fences,other signs,or structures which are on or over public Outdoor Advertising Board of the Commonwealth of feprivate ways are prohibited. Massachusetts in accordance with their rules and or regulations. E. Movable or portable and so called "trailer signs" are J. Section 3-56 shall not apply to signs ort other devices prohibited,with the exception of signs and otber advertising erected and maintained conformity with law, which devices on rolling stock. advertise or indicate either the person occupying the 3-56 BILLBOARDS AND OTHER OFF-PREMISE SIGNS. premises in question or the business transacted thereon, or No persons, firm, association, or corporation shall erect, advertising the property itself or any part thereof as for sale display,or maintain,within the limits of the city,a billboard or to let and which contain no other advertising matter. or off-premise sign unless it meets the following 3-57 SAME — PENALTIES. requirements or unless it was approved by the Massachu- Whoever violates any of the provision of Section 3-56 of setts Outdoor Advertising Board under Section 30 and 32 of this Ordinance shall be punished by a fine of not more than Chapter 93 of the General Laws, or by any amendments or fifty dollars ($50.00), and whoever,after conviction for such additions thereto,in which case any such off-premise sign or violation unlawfully maintains such billboard or off-premise billboard shall comply with the requirements of this Section sign for twenty (20) days thereafter shall be punished by a and all other sections of this Ordinance by January 1, 1975. fine of not more than twenty dollars ($20.00) per day. A. Within fifty (50) feet of any public way; 3-58 CONSTITUTIONALITY OF ORDINANCE. B.Within three hundred (300)feet of any public park,play- If any provision of this Ordinance is declared unconstitu- ground or other public grounds,if within view of any portion tional or illegal by final judgment, order or decree of the of the same; Supreme Judicial Court of the Commonwealth,the validity of C. Nearer than fifty (50) feet to any other such billboard, the remaining provision of this Ordinance shall not be off-premise sign or other advertising device, unless said affected thereby." billboards or off-premise signs are placed back to back; Section 2. This ordinance shall take effect as provided in D. On any location at the corner of any public ways and r the City Charter. with a radius of one hundred and fifty (150) feet from the I In City Council August 9, 1973 point where the center lines of such ways intersect; I Ref. To Committee on Ordinances E.Nearer than one hundred (100) feet to any public way,if In City Council December 13, 1973 within view of any portion of the same, if such billboard or Adopted for first passage off-premise sign shall exceed a length of eight (8). feet or a In City Council December 27, 1973 height of four (4) feet. Adopted for second and final passage F. Nearer than three hundred (300) feet to any public way, Approved by the Mayor on Dec. 31, 1973 if within view of any portion of the same,if such billboard or Attest: AUGUSTIN off-premise sign shall exceed a length of twenty-five (25) feet E J.TOOMEY or a height of twelve (12) feet; City Clerk 17 16 APPENDIX: A SOME NOTES ON THE EFFECTIVE DESIGN OF SIGNS. 1 J�111�1t=1_ll ---_-- -- �� ■ 1 The foregoing regulations control,to some extent,the type of a sign and give maximum permissable dimensions for its size and height. They give no guidance, however, on such important questions as to what is the most appropriate type of sign and the best size and height for a particular location. The following notes are intended, therefore, as a brief guide to those who want a sign that will: a) identify their business clearly and attractively _ b) enhance the building on which it is located c) make a positive contribution to the general appearance h. basic framework of the street Iront of the street and neighborhood At first sight this may seem quite a lot to ask, but in practice it is quite possible for one sign to do all these things if a little thought is given to its design. To begin with it would be emphasized that the new regulations are quite liberal in scope and that it will not ( _►s_nK� usually be necessary to push at once for all the .�: _� �li1M-_l1rt_� � G "maximums". In many cases the biggest and highest �� allowable sign will not be the most legible, or even the most .....am e.. .e - (- effective as advertising, and may also make architectural J is�motuouam: _111u_ I nonsense of the building of which it is a part. This leads ---- 6� GOODS straight to a simple but vital point; a sign on a building ®P_I + .w df�Dr .. ...- ®u . d VO51p _I . , should always be thought of as part of the building and not as / �j i. III! -. an unrelated object attached to it. The four sketches below illustrate this point.In figure I the :, ! S�'t`�' �I 01i F sign above the shopfront has been pushed upwards to the maximum allowable limit-under the sills of the second floor the framework obscured windows -and outwards to the full extent of the legal "sign frontage", with the result that it does not relate well to the rest of the building: In the last illustration the basic pattern of the street front has been retained by the simple fact of the shopfronts and ;� M II NQ_�L their signs staying within the frames provided by the buildings, the sign on the right being the only exception r" ! because of its being composed of individual letters applied to the building itself. In contrast to the last illustration, the �!" I--. IO, _ W effect is now one of order - but without monotony. Three of _� __--= — rsmsa�soarcvan the shopfronts,although quite different in character,are now �orav aMEW seen to form the ground floor of the same building-the sort of Erg thing that helps the feeling of continuity in the street.In such a case, the owner of the building could receive a special l I t bonus to increase the maximum permitted area of signage if the signs of all three shopfronts were submitted simultane- the framework expressed ously. 18 19 It should also be noted that the considerable improvement in the streetfront shown in the third illustration has come about without any sacrifice in the legibility of the individual signs; this is largely because, although they are smaller in size, they are of cleaner and simpler design making them easier to read in themselves and,at the same time,less likely to cancel each other out by restless incompatibility. This emphasizes another important point: legibility does not depend on size but on design. In many instances the material that originally formed the frame around the shopfront has,of course,been covered up or removed so that it is necessary to find out whether it is still there and, if so, what it was and in what condition it is in. Often granite columns and lintels in good condition are found either painted over or covered up with cheaper materials,in which case it is well worth while to expose and clean them. Sometimes the original materials of the front have been damaged by overlays of other materials but it is still possible to patch or restore them.If the original materials have been removed,however,or if they are not really attractive,it may be necessary to redesign the whole building front at street level. Here, the ideal would probably be to reface the frame around the shopfront in a material relating to the rest of the building overhead but,failing this, a solution similar to that shown in fig. 00 on page 00 could be a possible alternative, using a sign of full "sign frontage" width as a sort of lintel separating the shopfront from the rest of the building above. In closing,the importance of the use of color in signs, and of the choice of the style and size of the lettering should be emphasized. In the end, these are often the most noticeable and important things about a sign and to do full justice to them would require at least a book in each case. Here it is only possible to give a few basic rules that might help simplify the task of choosing from the almost unlimited range of colors and letter styles available: 1) Do not use too many colors on a sign; too many colors,by working against each other can make the sign less effective; black, white, and a single well-chosen color can be one of most effective combinations possible. 2)Try to relate the general color effect of the sign of that of the building to which it belongs. 3) Whatever style is chosen, make sure that the letters are clearly legible or they will not be doing their full job. 4) Just as the sign should be in proportion to the building to which it belongs, the size of the letters must also be in proportion both to the sign and the building i.e. not over- sized and not under-sized. 5) In the final analysis, always remember that A SIGN IS ONLY AS GOOD AS THE QUALITY OF ITS LETTERS. 20 t } TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT SALEM DIVISION 65 Washington Street, Salem, MA 01970 Essex, SS CIVIL DOCKET No. 200836cv309 Marie Turmenne Plaintiff Tennant y WiAiam Corbett Arnold =o= Defendant Landlord GRANT OF TEMPORARY RESTRAINING ORDER, NOTICE OF PRELIMINARY INJUNCTION HEARING AND SUMMONS It appears from the specific facts set out in the verified Complaint filed with the Clerk of Courts that immediate or irreparable loss or damage will "r sult to the above refg�y_ed to Plaintiff. Accordinly, at 9.1 �/ g�� L�O'CIock �y�M. , this () �and day of P o_Y es and 9 abo re BF�91dre Defendant and his/her/their em to ees and agents and es ordered to desist and refrain from: �� ZFurther excluding the Plaintiff from the prem is nc}or a tempting to recover possession of the premiluan ses �q'T ^ Ed ,2urt order." 0� �� Failing to restore and/or to provide utility services (heat, gas, electricity, hot water, and/or water.') For good cause shown, I order that no security be given by the Plaintiff for the issuance of these orders. This Temporary Restraining Order EXPIRES 10 days from the date and time it was granted, BUT IT MAY BE RENEWED in the form of a preliminary injunction. At the Plaintiffs request, a hearing to/ de if a preliminary injunction should . be ivLed been scheduled for the �/ r_� day of /!/'AIA—C/�l ,ai o'clock M. Upon 2 days not°ce to the Plaintiff, the Defendants nu,y apply t the Court to dissolve or modify the Temporary Restraining Order. Further, the Defendant must Answer (respond to) the Plaintiff's Complaint within 20 days of the date on which this Summons and copy of the Complaint are received. the Answer must be in writing and must be filed with this Court and delivered to the Plaintiff. Failure to do so shall result in the entry of a default judgment against the Defendants for the relief requested in th mplaint NOTIFICACION PARA LAS PERSONAS DE H LA HIS ANA: I US ED 0 E D E LE INGLES TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUA 0 AN Judge/Clerk of the Court TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Salem Division 65 Washington Street Salem, MA 01970 200836CV,3o� Essex, SS. CIVIL DOCKET No. Plaints Tenant .�.. ��MONW.... •,, V5. lIII IV'iAu i Defendant (Landlord) VERIFIED COMPLAINT, AND MOTIONS FOR TEMPORARY RESTRAINING ORDER THE PREL`fMhy/� y���"`��\` INJUNCTION FOR UNLAWFUL EVICTION, UTILITY TERMINATION OR BREACH OF QUIET ENJOYMENT G.L. Ch. 1 Sec. 1 1 . NAME OF PLAINTIFF (the tenant) I"nftP- r'—> -'v P, WX-Q— t ✓-' _ ADDRESS (of apartment or rental house: n R 7 P-12✓h I M f� Telephone number: 2. NAME OF DEFENDANT (the land]ord) :I,it � � IRt� �_di2 �2'i—> ' IZIV0 ADDRESS: Io LIyIcI .2✓1 STS; YA I yl� 19- TELEPHONE NUMBER: 3. A. On or about (date)��j $�d 3)06 the Defendant (landlord) : L/ Locked me out of the premises or otherwise attemptd to j.rL.possession of those premises without judical process. ATR o � I Turned off or failed to restore the uti I ( eat, g s, electricity, hot water, water) . CLEMMA471NTRATIE �therwise directly or indurectly intetfl-TW-IMAG& �yment of the premises. lvr�l-. Specifica(l1explain .what happeg'jed: (use additional pages of necessary.) ccV1 C n61 e,jo 6VCC', CvU G ' av -! LJIL14 CC2 0 B. By engaging in the above acts, the Defendant Landlord has owed me the following sums of money (fill this in only if tenant to calim specific money losses) : List of Expenses / Property loss: Item v\ AMOUNT lCad' S o> o © $ S S S $ TOTAL: $ i,� 'SACEM C. My landlord is therefore liable to me for three times the amount or three times my monthly rent, $ 5620 X. '3 — I pO.oz� (enX��yf�4F,h K,, ' parg�SJ' .L. 186 Sec. 14, Sec. 1-5F—.T— Kuut�I/�uU Hl �G f = PART 4: THEREFORE, I ask that the Court: A. Issue a Temporary Restraining Order, Prelimina q�wt Injunction restraining and enjoining the defendant from (Check whe�L 1 6 denying me possession of the premises; epriving me utility service; Denying me possession of my personal belongings; k---�therwise interfering with my tight to quiet enjoyment of . the premises. B. Award me money damages in the amount of $ pp, (the reater. of three times monthly rent or actual damages) plus costs. 4 2 1-V\ t C. Award such other relief as the Court deems appropriate. } 0 0 o D. Issue a Short Order of Notice. E. Schedule a Preliminary Injunction Hearing prior to the expiration of any Temporary restraining Order that bay be granted. Respectfully submitted, Plaintiff's Signature 1st ? _ ✓I to 2_ NAME please print i O L , J e. �v y3 Address 976-) Telephone VERIFICATION I , YkG r((2( Fu KyvLyNy\. have personal knowledge of all the facts stated above and hereby swear under the pains and penalties of perjury that all of those facts are true and accurate. DATE SIG' NATl1RE �a`��`(qO���ONWEAIIyo�c,,a 30 m {{4F nun 1110+00\` A TRUE COPY ATTEST: �LfiRi6IPl��li➢TRt�TE CLERK-MAGISTRATE N1 .Y COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. DEPARTMENT OF THE TRIAL COURT DISTRICT COURT DEPARTMNET SALEM DISTRICT COURT DOCKET NO. 2008CV000309 Mane Turmenne PLAINTIFF V. William C. Arnold DEFENDANT DEFENDANT'S ANSWER AND COUNTERCLAIM The Defendant hereby enters his Answer and Counterclaim to Plaintiffs Complaint as follows: 11 1. The Defendant denies each and all of the Plaintiff's allegations in her ,T7 o° Complaint, and more specifically as follows: '� S ' V d � 2. The Defendant denies that Mane Turmenne was a tenant as alleged, but rather ,V L was a person who prevailed upon the true tenant, Mark Whitehead, to permit �C r f u her to stay with him in his unit for an indefinite period under his tenancy as a3 � --t 2 S "household member." 3 3 c 3. If the Plaintiff did consider herself a tenant, she breached the basic obligations of a tenant by refusing to pay rent on February 29, 2008 as written in her letter to Defendant/Plaintiff in counterclaim (Plaintiffs Exhibit 3, Hearing on Temporary Restraining Order, Livingstone J., 3-13-2008). 4. Defendant's ownership and management of his property has been unreasonably and wantonly violated by the Plaintiffs repeated requests for inspections by the Salem Building Inspector, which required Defendant to expend manyo— tote a erment of his work. WHEREFORE, the Defendant is entitled to judgment in his favor. COUNTERCLAIM The Defendant, Plaintiff in counterclaim, realleges the allegations heretofore made and in addition, alleges the following: 5. The Plaintiff, Defendant in counterclaim, during the months of January an FetTary 2008, engaged in a purposeful pattern of conduct intended to and resulting in a series of provoca ive actions summoning the Salem Police epartment's various officers and at times the Buildin snectors 6epartment of Salem to make a record of violations of the building code and other related claimed infractions mor er to support her intention to file legal ac ns a Plaintiff in counterclaim and procure an award of damages from said Defendant, Plaintiff in counterclaim; and to this purpose, she entreated Mark Whitehead, with whom she shared a living unit, to join him in that scheme, who refused to help him. 6. Additionally, the Plaintiff, Defendant in counterclaim, impeded D&endant. Plaintiff, in counterclaim's efforts to preserve his property by initiating an e o-ff - o refinance 10 Linden Street by refusing access to the unit to an appraiser w ile concurrently provoking—Defendant, Plaintiff in counterclaim, by shouting and knocking over a fan to humiliate him in the presence of said appraiser. 7. Plaintiff, Defendant in counterclaim, also withheld what she styled as rent "starting on the month of March, for reasons I will list", as recited in Exhibit 3. All to the damage and injury to Plaintiff in counterclaim. WHEREFORE, Defendant, Plaintiff in counterclaim demands that judgment be entered for him, together with interest and costs, and such other and further relief as this Honorable Court finds fair and just. WILLIAM C. ARNOLD by his Attorney, "01921 B.B.O.#265300 Dated: March 21, 2008 CERTIFICATE OF SERVICE This is to certify that a copy of Defendant's Answer and Counterclaim was served upon the Plaintiff Marie Turmenne by mail, postage prepaid, to her last known address at 56 Margin St., Salem, MA 01970 this 215`day of March 2008. E R L. KELILEY \ r 1A AFFIDAVIT March 6, 2008 Joseph E. Barbeau, Jr. Assistant Building Inspector/ Local Inspector City of Salem Building Department, Inspectional Services 120 Washington Street Salem, MA 01970 (978) 745 —9595, ext. 5643 Statement of Facts: At approximately 1:00 pm on March 5, 2008 I was called by Health Inspector David Greenbaum regarding an alleged rooming house violation at 10 Linden Street, a property owned by William C. Arnold. Whereas, in past dealings with this landlord, we have witnessed his volatile nature, a call was made to the Salem Police Department to request that an Officer meet us on site. At 1:30 pm Inspectors Elizabeth Salandrea and David Greenbaum of Salem Health Department myself arrived on scene where we were met by Officer Pelletier of the Salem Police Department. We were then joined by a Ms. Marie Turmenne the third floor tenant. Ms. Turmenne stated that she occupied a unit on the third floor, which she had been sharing with another person by the name of Mark Whitehead. She then stated that this person had recently relocated within the property to a room in the basement. Ms. Turmenne claims that the landlord (Mr. Arnold) had told her that she was required to keep her apartment unlocked as there were others renting rooms within the property that had use of the third floor bathroom and kitchen. The tenant, Officer Pelletier, and the Inspection team then, at the tenant's request, enter the premises via the garage entry door and proceeded to the third floor. At the door of said apartment the Inspection team did stop and request permission of the tenant to enter the unit. Said permission was granted and we entered this unit. I observed no belongings other than those of Ms. Turmenne. We were beginning our inspection of the premises when Mr. Arnold arrived on scene. Officer Pelletier met with Mr. Arnold at the front door of this unit, where a heated discussion ensued. About this time I summons Fire Inspector Holleran of the Salem Fire Department to this address to get his input on the current state of the Fire Alarm System ( I had noticed that more than a few of these heads were non-existent), and the lack of required Carbon Monoxide Detectors. About this same time due to the heated nature of Mr. Arnold's exchange, Officer Pelletier called for a second Officer to provide backup. During this exchange the Inspectional team was on the third floor, I radioed Inspector Holloran and suggested that he remain outside the premises so as to not further exacerbate the situation. We then made our way out of the unit and the property via the rear staircase. We remained on scene in the driveway while waiting for the Salem PD to sort this situation out. Mr. Arnold then followed the Police officers out to the driveway to talk with the Inspectional team. Here he reiterated his earlier claim that Ms. Turmanne was not a tenant and that the third floor unit was in fact rented to Mr. Whitehead and that Ms. Turmanne was a squatter on these premises. Officer Pelletier countered this argument with the fact that on his previous call on Saturday March 1, 2008 it was stated by Mr. Arnold that she was in fact a tenant of that unit, and that as there was no other belongings of any other tenant within that space, this must still be the case. I asked Mr. Arnold where in the building Mr. Whitehead was residing and was told by Mr. Arnold that he was living in a room in the basement. When I questioned Mr. Arnold as to the Building Code requirements regarding a basement bedroom, and whether or not this space met those minimum requirements, he countered that the code allowed such an arrangement as an emergency situation. I responded that no such provision existed within the Building Code, and that I had a concern as to the Life and safety of someone occupying such a space. I then requested that he allow me to inspect said premises, reminding him of my right of entry under the Building Code. Mr. Arnold refused this request, stating that my only reason for this inspection would be to gather further evidence to feed the"City of Salem's witch hunt against him." I reiterated my concern for the safety of those living in such an area, to which Mr. Arnold replied that he would move Mr. Whitehead to another room on the first floor immediately. Inspector Holloran then took up the issue of the non-working Fire Alarm System, and asked for permission to enter the premises so as to inspect this system to ensure its proper functioning. Mr. Arnold refused. Inspector Holloran then informed him of his right of entry under the law, and Mr. Arnold acquiesced to this demand. I again asked permission to enter the premises so as to show Inspector Holloran the issues that I had observed, and was once again denied entry. Inspector Holloran did enter the premises with one of the Officers and was able to document the condition of this system and require Mr. Arnold to see to it that the repairs were made and that the system would function properly. At approximately 2:55 pm the Salem PD and our Inspectional Team departed the scene. At approximately 3:00 pm Salem Police was called again to this address regarding a tenant dispute. At this time Officers observed that a board had been screwed over the door preventing egress to this structure (see attached Police reports). At the time of the writing of this report it is my understanding that Mr. Arnold and Mr. Whitehead have obtained restraining orders against Ms. Turmanne and she has obtained a restraining order against Mr. Arnold. a Requested Action by this Court: Massachusetts General Laws Chapter 143, Section 94 establishes the Code of Building Regulations, and the specific document 780 CMR, the State Building Code. Under the provisions of this code, in specific, Section 115.6 is the authority of the Building Inspector to enter any premises for the purpose of inspection. "In the discharge of his duties, the building official shall have the authority to enter at any reasonable hour any building, structure or premises in the municipality to enforce the provisions of 780 CMR. If any owner, occupant, or other person refuses, impedes, inhibits, or obstructs entry and free access to every part of the structure, operation or premises where inspection authorized by 780 CMR is sought, the Building Official or State Inspector may seek, in a court of competent jurisdiction, a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and the justification for it and may seek the assistance ofpolice authorities in presenting said warrant." Whereas the alleged use of this property for the Rooming and Boarding of more than three dis-related people has been alleged on more than one occasion, and whereas the property owner(Mr. Arnold) did in fact state that he was using rooms in the basement for sleeping rooms, and whereas it was observed that there were inadequacies regarding the Life Safety systems in this structure. It is of the utmost importance that this structure be thoroughly inspected to ensure the Safety of those in residence at this address, and that of the surrounding properties. I therefore request that this Court grants this request for an Administrative Warrant so as to allow the lawful inspection of these premises. It is further requested that this Warrant be issued without delay, so as to protect the well-being of all those affected by this property. I, Joseph E. Barbeau,upon personal knowledge do hereby swear to the truth of the following assertions: Signed under the pains and penalties of perjury this day of March, 2008. Joseph E. Barbeau Summation: It is evident to these inspectors present that this property had been so modified as to allow for the use as a Rooming or Lodging House. That the locking devices employed in conjunction with the layout of these rooms was such that these spaces could easily be rented as rooms, in violation of both State Building Code and Salem Code of Municipal Ordinance. The Life Safety systems within these premises were either inadequate to requirements, or non-functioning. Though there was not evidence that these rooms are currently being employed for this use, it is the conclusion of this Department that there is clear intent on the part of the Property Owner to violate these laws, codes, and ordinances. Signed under the pains and penalties of perjury this 17`h day of March 200 . p. 1'1 L o ph E. Barbeau, . Assistant BuildingInspector/Local Inspector City of Salem, Building Department 120 Washington Street Salem, MA 01970 Search Warrant Return This search was issued on March 7, 2008, and t have executed it as follows; This warrant was executed at 10:00 am on Thursday March 13, 2008 by an Inspection Team consisting of Building Commissioner Thomas J. St. Pierre, Assistant Building Inspector Thomas McGrath, Fire Inspector Chuck Holloran, Health Inspectors Dave Greenbaum and Elizabeth Salandrea, Salem Police Officer Fabiszewski. The Property Owner, William C. Arnold was present and did accompany this team on this inspection. This warrant was issued based on evidence received that this property was being used illegally as a Rooming House, and the Property Owners refusal to allow a lawful inspection of these premises. The following evidence was uncovered during this inspection and warrant service to justify such said warrant: Basement: Two rooms had been constructed in this area, without the benefit of a permit. These rooms lacked the required smoke alarms, carbon monoxide detectors, and egressable windows. Evidence of electrical work done both without a permit and does not meet the requirements of this code. Further they had been configured in such a way as to allow independent use without being part of another unit. First Floor: The room immediately to the left upon entering this area (from the front entrance) is independently locked, and is arranged in a way that it could be used independently from the rest of this unit. Fire alarm and CO detection was found to be inadequate. Second Floor: All three bedrooms within what has been described as the Owners Unit, were found to have deadbolt locking devices (typically used as unit or exterior door locks.) Again the Smoke detection and CO detection devices were inadequate. Third Floor: This level seems to be arranged as an independent unit, here again evidence of locking devices more common to use on exterior or unit entry doors was evident, and again, the Smoke ad CO detection devices were inadequate. Summation: It is evident to these inspectors present that this property had been so modified as to allow for the use as a Rooming or Lodging House. That the locking devices employed in conjunction with the layout of these rooms was such that these spaces could easily be rented as rooms, in violation of both State Building Code and Salem Code of Municipal Ordinance. The Life Safety systems within these premises were either inadequate to requirements, or non-functioning. Though there was not evidence that these rooms are currently being employed for this use, it is the conclusion of this Department that there is clear intent on the part of the Property Owner to violate these laws, codes, and ordinances. Signed under the pains and penalties of perjury this 17°i day of March k . Barbeau, / Assistant Building nspector/ Local Inspector City of Salem, Building Department 120 Washington Street Salem, MA 01970 CI"1-Y OF SALEM[ PUBLIC PROPERTY \�Fe DEPARTMENT V�AYU�t 120 N:ASi II N(M)N S'I RLI.l . SrAI.Ilpl,AtrASSA0IC'SI TIS O I97() 973-745-9591 ♦ FAN 973-740-9846 VIOLATION NOTICE PROPERTY LOCATION 10 LINDEN STREET March 24, 2008 Mr. William C. Arnold 10 Linden Street Salem, MA 01970 Dear Mr. William C. Arnold The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 1. Lack of Fire Separation between Garage and House (780 CMR, Section 711). A demising separation must be installed by a qualified licensed contractor with plans approved by this office and a Building Permit issued. 2. Nott-working or missing Fire or CO Alarms (780 CMR, Section 917.4.6.) This work must be done by a qualified Licensed Electrician with the proper Electrical Permit in place prior to the commencement of this work. 3. Un-covered Electrical Pastels and unpernitted Electrical work needs to be addressed by a qualified Licensed Electrician. (780 CMR, Section 27.) This work must be done by a qualified Licensed Electrician with the proper Electrical permit in place prior to the commencement of this work. 4. Roans in basement were created with closets without a permit in Violation of 780 CMR, Section 118.1, this work must be removed by a qualified licensed tradesman with the proper permitting in place prior to the commencement of this work. 5. It is clear to this office that the configuration of rooms on the first, second, third, and basement levels of this structure lend theurselves to use as Roans for Rent, not connected with all apartment use. This is in excess of the actual apartments, and in Violation of both the Building Code (780 CMR, Section310.5.) CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KLAIBI(RIPY DkIS(()Ll. MAY( i LO WnSI-IINGTUN Sfltl.l-�f� S/��.�S:�I,iAtrvSSdCIIGtil=:1-IZ 019711 Cr.i.:978-745-9595 ♦ Pvx:978-7409846 6. It has been reported to this office and then observed by this Inspector that the egress door to the right of the garage had been boarded over. Weare aware of other doors that inay be used as an egress on this structure, but we have concerns regarding the paths of egress travel. Do not block such an egress component in the fhdure without first proving to this office that this would not preclude the safe evacuation of this prenhises,per the requirements of 780 CMR, Section 101 Said violations must begin to be corrected, repaired, and/or brought into compliance within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 5643. Sincerely, �/JV / Jbseph E. Barbeau, Jr. Assistant Building Inspector/ Local Inspector CC: file, Mayor's Office, Fire Prevention, Health Dept., Police Dept., City Solicitor's Office, Councilor Veno CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBI RIA:: DRISO 111. NWOR 1?0 AGAsln Ncro.N Sralac:r 4 tinLlanl,At:�ssnU IC915n s 01970 I'r:L:978-745'1595 4 UAs:978-740-9846 March 12, 2008 Atty. Edward Kelly 265 Essex Street Salem, MA 01970 RE: Execution of Search Warrant at 10 Linden Street Dear Mr. Kelly: This letter is to inform you that our Inspection Team went to 10 Linden Street, property owned by William C. Arnold, your client, yesterday at 10:00 am for a scheduled appointment. In hand was a Search Warrant issued by the District Court at Salem, to guarantee that this inspection would be carried out. As I have previously mentioned this 10:00 am time was by agreement with your client. Upon arrival of our team, including Officer Pelletier of the Salem PD, found no one at the property, and was therefore unable to enter said premises. This letter is to inform you to direct your client to be at said property tomorrow at 10: 00 am (Thursday 3/13/2008) to allow for this lawful and court directed inspection of this premises. Failure to comply with this order will be brought immediately to the District Court for further action, as that court determines to be appropriate. If you have further questions regarding this action please feel free to call this office at (978) 745-9595, ext.5640. A copy of this letter will be served upon the property at 10 Linden Street as well. Si erely, V seph E. Barbe Assistant Building Inspector/ Local Inspector CC: file, Mayor's Office, City Solicitor, Salem PD, District Court f r r' r4 of -`5tt[em, -lne'sadjusetts Boarb of (�kppeal il U7 JI DECISION ON THE PETITION OF MELLO REALTY-TRUST REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT.-10 LINDEN STREET (R-2) A hearing on this petition was held June 18,1997 with the following Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph Ywuc,Richard Dionne and Albert Hill . 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 enlarge a three family dwelling to a four family dwelling for the property located at 10 Linden Street (R-2 ) . 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. Attorney James Mears appeared representing the petitioners. 2. Correspondence from Attorney Mark Cassidy representing Robert and Jane Readon of 8 Linden St. in opposition to the petition was read. 3 . The subject property has a paved area of 44 feet x 35 feet and an unpaved yard of approximately 12 feet by 35 feet. 4 . No scaled drawings reflecting the required number of 9 feet x 22 feet parking spaces were submitted to the Board at the hearing. r S DECISION OF THE PETITION OF MELLO REALTY TRUST REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET page two 5. Bobbie Funue, 10 Linden Street, a tenant at the subject property spoke in favor of the petition. 5 . Councilor-at large- Tom Furey, 7 Linden Street, submitted a letter in opposition to the petition. 7 . Ward 5 Councilor, William Kelley, detailed a history of complaints against the property, and spoke in opposition to the petition. 8. Eleanor & John Derby, Alice Rainey and Kathleen Titus, all of 12 Linden Street, spoke in opposition to the proposed fourth apartment. 9 . David Guy, 7 Linden Street, voiced his opposition to the petition because of the increased density and parking problems which would be created in the neighborhood with an additional apartment unit. 10. Stephen Dibble, 74 Moffatt Road, whose mother resides at 12 Linden St. spoke in opposition to the petition, and submitted a letter from Michael Sullivan, 13 Linden St. in opposition to the petition. 11 . Jean Readon, 8 Linden Street, spoke in opposition to the petition. 12. The neighborhood is a densely populated area with minimal side yard setbacks. 13. The neighborhood experiences on-street parking problems . 14. The subject property has been the subject of numerous complaints ' because of debris, general upkeep and noise from neighbors for quite sometime. 15. Petitioners failed to demonstrate hardship in order to establish the need for the requested variance. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit 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. 1 . The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safetv,convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of 'Appeal voted unanimously 0 in favor, and five (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 June 18, 1997 Gary Barrett, Chairman Member, Board of Appeal S r ' DECISION OF MELLO REALTY TRUST REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET page three 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 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR a SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 poi FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR January 3, 2007 William Arnold 10 Linden Street Salem, Ma. 01970 Mr. Arnold: This Department has received reports from the Salem Police Department stating that you are running a rooming house. There is no rooming house license that has been issued for your property and there cannot be one issued. You are ordered to cease and desist using your property for a rooming house immediately. You are also directed to contact this office upon receipt of this letter to arrange for an inspection of your property as required in the Mass State Building Code 780 CMR, Section 115.6 Additionally, the Salem Zoning Board of Appeals granted you a Special Permit in 2002 in which a condition specifically stated no contractor trucks will be parked on the property and no portion of the premises will be used for your business. You are in violation of both of these conditions. You are further directed to stop parking work trucks and to stop using the property for your business. Sine Aly, Thomas St Pierre Building Commissioner Zoning Enforcement Officer cc: Jason Silva, Mayors Office Councillor Matt Veno Salem Police, O.I.C. Nina Cohen, Chairman Z.B.A. aUV of *atna, Aassar4ustffs Offil" of flle @Iifu @Iounril (nifg Pall COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS PRESIDENT 2006 2006 MICHAEL BENCAL CHERYL A. LAPOINTE LUCY CORCHADO THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C. SARGENT III LEONARD F.O'LEARY MATTHEW A.VENO PAUL C. PREVEY October 29, 2006 JOSEPH A.O'KEEFE, SR. Tom St. Pierre Building Inspector City of Salem 93 Washington Street Salem, MA 01970 INRE: 10 Linden Street Dear Mr. St. Pierre: I would like to report an ongoing issue in my ward that requires your attention. I have received several complaints about the above referenced property being used as an illegal rooming house. In addition, there are three lettered construction vehicles parked at this address,in direct violation of the approval by the Zoning Board of Appeals and the Zoning Ordinance of the City of Salem. Please take whatever enforcement action you deem appropriate to address these violations. Thank you for your prompt response. Sincerely, (*A4-�Q /Z'� Matthew A. Veno Ward 5 City Councillor SALEM CITY HALL • 93 WASHINGTON STREET SALEM, MA 01970-3592 WWW.SALEM000NCIL.COM \II �o CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 7, 2004 ""Dop'y William Arnold 10 Linden Street Salem, Ma. 01970 RE: Truck Parking Dear Mr. Arnold: This Department is again receiving complaints about the parking of commercial vehicles at your property. City of Salem Ordinance 24-21-1 and 24-21-3 prohibits the parking of commercial vehicles on residential properties. You are directed to remove all commercial vehicles within 10 days upon receipt of this notice. rle�Sincerely, "� ' Thomas St Pierre Building Commissioner cc: Kate Sullivan, Mayors Office Councillor Veno, Ward 5 �oorrolml,� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL n \ 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 v A-.' fl Esc=.-. TEL. (978) 745-9595 9��enNeo�' FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR April 10, 2003 Mr. David Guy 7 Linden Street Salem, Ma. 01970 RE: 10 Linden Street Dear Mr. Guy: As you are aware, Mr. Arnold has appealed the Zoning Board of Appeal decision on his property. To date, the appeal has not been settled and it is my understanding that John Keenan, City Solicitor, and Mr. Arnold's attorney are negotiating a possible resolution. The portion of the decision under appeal is the language restricting what vehicles Mr. Arnold can have on his property. Because this is an active case, any further information should come from Solicitor Keenan. Ward Councillor, Kim Driscoll, has also been very involved with the issues at 10 Linden Street. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayor's Office Tom Phillbin Councillor Driscoll John Keenan MUNROE & WARDLE ATTORNEYS AT LAW r 40 South Street, Suite 105 Marblehead, Massachusetts 01945 Telephone (781) 639-4440 Facsimile (781) 639-4441 March 19, 2002 City of Salem Attn: John D. Keenan, City Solicitor 222 Essex Street Salem, MA.01970 RE: Bill Arnold 10 Linden Street, Salem, Massachusetts Addition to House Memoranda Dear Mr. Keenan: This office represent Bill Arnold of 10 Linden Street, Salem, Massachusetts, regarding your zoning opinion letter dated March 7, 2002. Obviously the focus of your letter is addressed to a non-conforming structure and an owner's right to modify such structure. As you know,better than I, thousands of permits have issued allowing alterations for hundreds upon hundreds of dwellings in Salem that are classified as non-conforming. Mr. Arnold's property sits on a 9,900 square foot lot and the structure's front and northerly side set backs clearly do not conform with current zoning. The proposed garage addition, in all respects, however, conforms with front, side and rear set backs as well as open space and parking formulas for a three (3) family. There is nothing about this addition that adds to the structure's existing structural non- conformity. Mr. Arnold's proposed alteration is an improvement to his property, which hundreds of other Salem property owners have availed themselves of through the building department. Section 8-4 of Salem's zoning by-laws contemplates and allows this exception to enlarging or altering non-conforming structures without necessity of a special permit. Obviously Mr. Arnold has relied on the building department's historical right to issue this type of permit and to that end has already expended considerable money to install an approved foundation. This application properly coincides with the purpose of by-law section 8-4 and the logic of special permits,because it is clear that such an alteration should not require the home owner to incur the expense and the time of applying for a special permit, where it would not support a finding that such an alteration was substantially more detrimental to the neighborhood. In addition, if Mr. Arnold's proposed structure could be built as a detached garage structure, it seems illogical that the same would require a special permit just because it is attached to the existing structure. It is my understanding that the building department will be seeking an advisory opinion from the Zoning Board of Appeals with regard to this issue and Mr. Arnold trusts that his position will be included. Thank you for your attention to this matter. Please do not hesitate to contact this office with any questions that you may have. Very truly yours, Michael M. McArdle MMM/sjm / cc: Salem Building Dept., Building Inspector V/ Bill Arnold o+wr CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 '?nom TELEPHONE: 978-745-9595 EXT. 380 �+p6� FAX: 978-740-9846 KIMBERLEY DRISCOLL - MAYOR August 24, 2007 William Arnold 10 Linden Street Salem, Ma. 01970 RE: Zoning Violation Dear Mr. Arnold: As you are aware, you applied for and were granted a Special Permit in 2002. Both the Zoning Board's decision and as agreement drafted by then Councillor Driscoll, reference the condition that Petitioner(Mr. Arnold) will not put construction trucks on the property or in the street. You have continued to park your trucks on the street and on the property. You have been put on notice to refrain from this in at least three previous letters. You are directed, again, to cease and desist parking your commercial vehicles on your property(10 Linden St) or on the street. Failure to comply will result in a court complaint being filed. If you feel you are aggrieved by this order, your appeal must be filed with the Zoning Board of Appeals. S' cerely, 6144r4lJ Thomas St. Pierre Bld Commissioner/Zoning Officer Director of Inspectional Services cc: Jason Silva, Mayors Office Beth Rennard, City Solicitor Jerry Parisella, Assistant City Solicitor Salem Police, O.I.C. w � Sap. OFFENSES AND MISCELLANEOUS PROVISIONS §24-21.1 59 15 days.If such vehicle,trailer or boat which has (d) Any person violating this section shall be peen abandoned or discarded, and the vehicle, punished by a fine of$50.00. Each day the viola- trailer,or boat has been posted and recorded as tion continues after a conviction shall constitute a beuig on the property for at least 15 days, the separate offense. is owner of the vehicle, trailer or boat or the owner (Code 1973, § 16-24) at the property shall be ordered in writing by the nthority having jurisdiction, namely the police Sec. 24-21.1. Keeping of trailers, commer. end file,departments, to immediately remove tial and recreational vehicles, vehicle, trailer or boat from the property, etc. r. 'unless any one of the following conditions has a fulfiIled: No person shall park, store, keep or leave, or r i r . , allow that there be parked, stored, kept, or left a , " any trailer, commercial or recreational vehicle of (1)x Such vehicle, trailer or boat is registered any kind within the city,upon private property or t"in'the commonwealth or in any other within a residential district unless said trailer, Atstate and also has displayed thereon a commercial or recreational vehicle is registered to valid windshield inspection sticker, so the owner who resides at the property where it is a ) called,as required by M.G.L.A.c.90,§7A to be stored and in accordance with the following } for vehicles,and M.G.L.A.c.90B for boats provisions: K fi or by the laws of the state registration. it (1) Recreational equipment shall not be stored ($) Such vehicle, trailer or boat is contained in any residential districts, other than in e in-an enclosed building or otherwise out of a carport or enclosed building, or behind the,view of the public or of abutters. the building line of the principal building. If stored outside behind the principal build- 3) shall be equipment the recreational e ,ing (3} Alicense has been granted under M.G.L.A. � placed no closer than ten feet from any lot C. i4Q in connection with the motor vehi- line or within five feet of any building on cle business or junk business. the lot,any registered motor home may be parked on any paved area of the premises Anq person wishing to park, store,keep, or on which the owner resides. 9 sale encli:vehicle,trailer, or boat in excess of 9 (2) Commercial vehicles and pieces of equip- o musW. first apply for and obtain written from he'chief of police or fire chief or ment belonging to contractors providing authorized designees. Such approval shall services to the premises may be parked coed one calendar year(365 days);however, outside only while such services are being pplication, the chief of police or the fire actively performed. or his authorized designee may reissue such (3) Each owner of a residential property may for an additional calendar year. have one registered truck, van or camper of less than 10,000 pounds manufacture A4Y Pelson a y GVW rating, which has not been deco- ggrieved b a denial of the rated with letters or signage greater than Poh�or the fire chief for approval to store '�blcle,trailer or boat in excess of 15 days that required by the United States Depart- PRe+son wishing to store two or more such ment of Transportation or the Massachu- ttal1ers' setts Registry of Motor Vehicles parked on or boats for any length of time any paved area of the premises on which {{ apPrwal from the city council by filing request in the office of the city clerk. If the owner resides. counal renders a denial to the request, it The inspector of buildings is charged with the the authontyhavingjurisdiction(police/ enforcement of this section, unless the special g the vehicle, trailer, boat removed permit granting authority grants a waiver. 1 Property y; . (Ord. of 11-20-2003, § 1) ii m §24-17 SALEM CODE Sec. 24-17. Cigarette vending machines. any other motorized two, three or four-wheeled 15 days (a) Prohibited. Cigarette vending machines shall vehicles under 50cc's,under the following cir $ not be permitted within the city. stances: ` been'al hviler: (b) Penalty. Any person in violation of this (1) On private property of another witho being;o section shall be subject to a citation and fine of the express permission to do so byF uvmer`i $25.00 for each offense. owner or occupant of the property. of the4l (Code 1973, § 16-15.1) u authori (2) On city streets and sidewalks, on pub' and �+ school grounds,public property,park Mn Sec. 24-18. Circuses and carnivals prohib- erty, playgrounds, conservation ail& °1 ited within Riley Plaza. wetland area, recreational areas,his ooless Circuses,carnivals,sideshows,and other shows fort areas including Fort Lewie and F been identified in these categories, including all rides, Pickering, and golf courses thout 5. games, and other appurtenances generally asso- press provision or permission to do' JI (1) ciated with these traveling shows, are prohibited writing by the proper public authon . within the boundaries of the Riley Plaza. (3) In a manner so as to create loud, Cross reefeferencce—Amusements and entertainments, ch, " (Code 19 § -18) essary or unusual noise so as to disturb i;; . x, 6, interfere with the peace and quiet of o , persons. + Sec. 24-19. Drinking alcoholic beverages on t `. public ways or in public places. (4) In a careless, reckless or negligent ner so as to endanger the life safetyof (a) Prohibited. No person shall drink any alco- person or the property of any other holic beverages, as defined in M.G.L.A.c. 138,§ 1, son. or carry or be in possession of any opened bottle or ,� can containing an alcoholic beverage, as defined (b) Penalty for violation. Any person tylia. in M.G.L.A.c. 138,§ 1,while in or upon any public lates subsection (a) of this section shall be way or any way to which the public has a right of for each offense not more than$50.00.Any .{ who willfully or knowingly violates subsection W, access; access; any place to which members of the public y g y of this section shall be fined for each offe have access as invitees or licensees; any park or . f playground; y private land, building, struc- sum of not less than $100.00 and not more la ound; or an ,n+ •>: ture or place without consent of the owner or $200.00. Each day of violation of subsection;( person in control thereof. All alcoholic beverages this section shall constitute a separate offs, an s r: being used in violation of this subsection shall be (c) Other remedies. This section shall- seized and safely held until final adjudication of construed to impair any common law or" the charge against the person arrested or sum- cause of action or legal remedy therefrom of moned before the court, at which time they shall person for injury or damage arising.fro be returned to the person entitled to lawful pos- violation of subsection (a) or(b) of this e session. from other law. 1s1: (b) Fine. The fine for drinking alcoholic bever- (Code 1973, §§ 16-21-16-23; Ord. of 6-27 ages upon a public way, as defined in subsection § 1; Ord. of 6-24-2004, § 1) (a) of this section, shall be up to $50.00. Cross reference T' affic,ch.42. (Code 1973, §§ 16-19, 16-20) Sec. 24-21. Keeping of unregistered, - Sec. 24-20. Use of motorcycles, motorbikes, doned or discarded motor- snowmobiles,trailbikes and other cles, trailers or boats. a two-wheeled vehicles. (a) No person shall park, store, keep,Or (a) Generally. It shall be unlawful for any or allow that there be parked, stored,kept, person to operate a motorcycle, motorbike, snow- any unregistered motor vehicle, trailer Or mobile,trailbike,motorscooters,gopeds,ATVs,or any kind within the city for a period of m i Supp. No.7 CD24:6 y co JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel:(978)741-4453 Tel: (978)744-9800 Fax: (978)740-0072 Fax: (978)744-7660 Email:jdkeenartla a eel cpmed Mail: 7099 3400 0008 9206 7525 Email:gilbert@salemlawyer.com VReturn Receipt Requested March 1, 000% Mr. Bill Arnold 10 Linden Street Salem, Massachusetts 01970 RE: Addition to House Dear Mr. Arnold: I have been asked to review whether or not you are able to construct the proposed addition to your nonconforming three family residence by right or whether you need some sort of relief from the Zoning Board of Appeals? It is my understanding that you obtained a building permit for the foundation of a proposed addition attaching a garage to this existing structure with additional living/office space above the garage. (See attached diagram). Having visited the site myself, it is also clear that the foundation is in place. As a preexisting nonconforming structure, the issue arises whether it must comply with the Salem Zoning Ordinance or if the State Zoning Act (Chapter 40A, Section 6) exempts it from such scrutiny? The Zoning Act provides in pertinent part: Preexisting nonconforming structures or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. (emphasis added) Although the italicized portion of the statute does not explicitly state nonconforming structure, it has been interpreted to include structure as well. It is one of those rare instances in which the court overcame its reluctance to supply a word or words which were not employed by the Legislature in order to render a statute intelligible and so effectuate its obvious intent. See Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 514 N.E. 2d 369 (1987). Thus the Page Two of Three March 7, 2002 Mr. Bill Arnold RE: 10 Linden Street - Addition statute should read, "shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood." Id. Thus, although the three family use is protected as nonconforming, the focus becomes if your proposed addition to 10 Linden Street is an alteration to the existing structure? Unquestionably, it is an alteration. As such, it appears to come within the guidelines of Section 6. See e.g. Nichols v. Bd of Zoning Appeal of Cambridge, 26 Mass. App. Ct. 631, 530 N.E. 2d 1257 (1988)(dealing with a nonconforming residential garage being altered for the permitted use of a home office). Indeed, our Zoning Ordinance is similar to the state statute requiring such review for the alteration of a preexisting nonconforming structure. See ARTICLE VIII (Nonconformity), Sec 8-1(b). Provided, however, and notwithstanding any other provisions of this ordinance to the contrary, an existing nonconforming building or use may be altered or enlarged in that use, subject to the granting of a permit therefor by the board of appeals as provided in section 9-4 herein. Any change to a nonconforming structure which amounts to reconstruction, extension, or structural change requires a finding or special permit pursuant to Mass. Gen. L. c. 40A, §6, assuming that the ordinance or by-law authorizes such a change. See Bobrowski, Mark, Handbook of Massachusetts Land Use and Planning Law, pp. 248-49 (1993). If the proposed modification reaches the threshold of structural change, and the municipality has authorized changes, the matter is governed by Rockwood v. The Snow Inn Corp. Id. There, the Supreme Judicial Court stated: in the absence of a variance, any extension or structural change of a nonconforming structure must comply with the applicable zoning ordinance or by-law. Then, if the proposed extension or change conforms to the by-law, the second [sentence of Section 61 requires for project approval a finding that the extension or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure[s]. Rockwood v. The Snow Inn Corp., 409 Mass. 361, 364, 566 NE2d. 608 (1991)(copy attached). Based on a review of the plan, it appears that the proposed addition meets appropriate setback, density and parking requirements. Front, side and rear setbacks in R-2 respectively are: 15 feet, 10 feet and 30 feet. These are all met. Maximum lot coverage is 35%. The Building Inspector did determine that the proposed lot coverage meets that requirement. Additionally, as it has three dwelling units, it would need 4.5 parking spaces. I have not been provided with the total number of spaces remaining/proposed; however, it would appear that Page Three of Three March 7, 2002 Mr. Bill Arnold RE: 10 Linden Street - Addition parking availability may not be reduced as the first floor of the addition is garage space. As the proposed addition does appear to comply with local zoning, the sole and limited issue to be determined by the Board of Appeals is whether the alteration (proposed addition) to this nonconforming structure is substantially more detrimental to the neighborhood than was the preexisting structure? This narrow standard suggests that the Board may be limited in imposing conditions to those that would ensure that it is not substantially more detrimental. Once/if the Board determines it is not substantially more detrimental than the presently existing structure, then you ought to be granted a special permit and allowed to proceed with the building of same. It is my opinion that prior to proceeding any further on your addition you must seek a determination from the Salem Board of Appeals as described herein. You cannot proceed on this project until approved accordingly. Thank you for your attention to this matter. Very best regards, J HN D. KEENAN, C Y SOLICITOR En losure CC. Peter Strout, Bldg. Insp. Kimberley Lord Driscoll, Ward Five Councilor ger ROM R/F LUC E L ELCIM am 4 ma am SET W . aand�n 9,900 S.F. �a R/► w1Rmmm WAIT mer R/r gamer L REMON PROPOSED ADD i4. ROPOSED W49E roa in eo t tl lam DF LL RaeE acR Rao SET SET LINDEN STREET mew oemar— R2 �aReo a ME Se1CWRES ON nas PLAN ARE LOWED Of INE e f , x, ,, PLOT PLAN IN SALEM, MA awms�y Mmvmm Pu OF j`� ' y FOR BILL ARNOLD DEWU J. I AGE 10102101 SC4Le I' = 30' Jog AV 01191 LANDMARK 8UR � ENGINEERING & SUR"NG, INC. 583 CHESTNUT STREET LYNN, A94 01904 (781) 592-7016 co CITY OF SALEM, MASSACHUSETTS y PUBLIC PROPERTY DEPARTMENT F 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (9 78)( 78) 740- EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR March 28, 2002 William Arnold 10 Linden Street Salem, Ma. 01970 Dear Mr. Arnold: Due to conflicting opinions between the City Solicitor and my zoning opinion,I am requesting the Board of Appeal to conduct an Administrative Ruling. The issue being considered is the extension of your non-conforming structure. The cost of this administrative ruling will be covered by this office. Until,your case is heard, there are no building permits, other than your foundation permit and therefore no work should be started. If further information is needed, please contact this office. Sinc*Strout Pet Zoning Enforcement Officer cc: Mayors Office Councillor Driscoll John Keenan Attorney McArdle Citp of iWem, A1aggarbu-qettg ` Public Aropertp Mepartment 3guilbing Mepartment One balem Oreen (978) 745-9595 rCLxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 17, 2000 William Arnold 10 Linden Street Salem, Ma. 01970 RE: 10 Linden Street Dear Mr. Arnold: Following up on our conversation on May 16, 200, you understand that commercial vehicles cannot be stored at this address. We appreciate your cooperation in this matter. Sii/nc`erely, r Thomas St. Pierre Local Building Inspector cc: Mayor Usovicz Councillor Driscoll 3 (cif of *ttlem, MUSSUc4usetts Public Prnpertg 19epartment Nuitbing bepartment (One 6alrm (6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26 , 1997 Edward & Phyllis Mello P . O . box 262 Peabody, Mass . 01960 RE : 10 Linden Street Dear Edward & Phyllis : Thank you very much for your response to the letter dated in October 27 , 1997 regarding the above mentioned property. An inspection was conducted and found all the violations have been corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, Leo E . Tremblay / Inspector of Bui dings LET: scm cc : Jane Guy Councillor Kelley, Ward 5 Edward Mello MELLO REALTY TRUST 531 -8152 Phyllis M. Mello Box 262 Peabody, Mass 01960 �o T eo � ,Q 0(49�DWY Titu of #ttlem, Aussar4us>etts Ilublic Propertq Department iguilbing Department Wne Salem (6reen 5178-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 27 , 1997 Mello Realty Trust Edward & Phyllis Mello Trs . P .O. Box 262 Salem, Mass . 01970 RE : 10 Linden Street Dear Edward & Phyllis : This department has never received a confirmation of the illegal apartment being removed at 10 Linden Street , per request of the City of Salem Zoning Board of Appeals on June of 1997 . Please call upon receipt of this letter to inform us of the ongoing status of 10 Linden Street . Failure to do so could result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E. Trembla/ Zoning Enfort4ment Officer LET: scm cc: Gary Barrett Fire Department Health Department Edward Mello MELLO REALTY TRUST 531 -9152 Phyllis M. Mello Box 262 Peabody, Mass 01960 TO _ ,/AOO ��,,, 0 q,�,�' A QAA, Public Propertq Mepartment Nuilbing i9cpartment (One Salem Green 500-7,15-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 8 , 1997 Mello Realty Trust Edward & Phyllis Mello P .O . Box 262 Peabody, Mass . 01960 RE : 10 Linden Street ter. Dear Mr . & Mrs . Mello : Concerning the illegal apartment at 10 Linden Street , I received a letter from your attorney stating the fact that you were assessing your course of action in addressing this problem. I received the letter on March 6 , 1997 over thirty ( 30 ) days ago , and still have not been contacted by you or your attorney in regards of your assessment . If this office does not receive an indication of you removing said illegal apartment or filing proper application to appear with the City of Salem Board of Appeals to legalize said apartment within fifteen ( 15 ) days , you will leave me no choice but .to file for legal action at Salem District Court . Thank you in advance for your anticipated cooperation in this matter . Sincerely, 7 � Leo E . Tremblay (� Zoning Enforcement Officer LET: scm cc: Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 MEM® To: Leo Tremblay Subject: 10 Linden Street Date: March 25, 1997 Please follow up on the illegal apartment issue at 10 Linden Street. There are 4 mailboxes there. How many units is the building allowed? Thanks! From the desk of... Jane A.Guy Assistant Director of Preservation Planning Salem Planning Department One Salem Green Salem, MA 01970 508 745-9595 Ext.311 Fax:508 740-0404 SCG. �'� res� / v� 3$ TitvP of $ttlem, massar4usettsaIlublir Propertq i9epartment � Nuilbing Department (One #altm O$rten 508-745-9595 Via. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 7 , 1997 Mello Realty Trust Edward & Phyllis Mello Trs . Box 262 Peabody, Mass . 01960 RE: 10 Linden Street Dear Edward & Phyllis : On June of 1997 , you filed an application with the City of Salem Board of Appeals requesting a variance to enlarge a three ( 3 ) family dwelling unit to a four ( 4 ) family unit . Your variance to do so was denied. It is my responsibility to enforce the Board of Appeals decision. I am requesting that you contact me so we can set up an appointment to inspect the premises to be sure that the illegal apartment has been vacated, and proper removal of separation walls are completed . Please notify this department within fifteen ( 15 ) days upon receipt of this letter , to inform us as to what course of action you will take to rectify these situation. 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, - � r Leo E . Tremblay Zoning Enforcemen Officer LET: scm cc: Gary Barrett , Chairman Fire Department Health Department 3 Chit of tittlem, Maasar4usetts Public Propertq Department Nuilbing Department (One #alem Green 508-745-9595 I ,d. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 19 , 1997 Mello Realty Trust Edward & Phyllis Mello P .O. Box 262 Peabody, Mass . 01960 RE : 10 Linden Street Dear Mr . & Mrs . Mello: This office has been informed that you are illegally renting a fourth ( 4 ) apartment at the above mentioned location . On June 4 , 1956 , a Variance to alter a single family dwelling into a three (3 ) family dwelling was granted by the City of Salem Board of Appeals . If you wish to enlarge said structure from a legal three ( 3 ) family to a legal four ( 4 ) family, you must file papers with the City of Salem Board of Appeals . If you do not wish to file with the Board of Appeals , you must cease and desist using said structure as an illegal four ( 4 ) family dwelling at once . Please notify this department within ( 15 ) fifteen days upon receipt of this letter , to inform us as to what course of action you will take to rectify these violations . Failure to so do will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, T Leo E . Tremblay ;J Zoning Enforcement Officer LET: scm cc : Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 GOLDMAN & MEARS ATTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-6893 JOELGOLDMAN (508) 532-2225 (PEABODY AREA) JAMES F.MEARS,JR. (617) 662-6668 (BOSTON AREA) (508)977-9354(FAX) March 6, 1997 City of Salem Public Property Department Building Department One Salem Green Salem, MA 01970 Attn: Leo E. Tremblay Re: Mello Realty Trust 10 Linden Street Salem, MA 01970 Dear Mr. Tremblay: Please be advised that our office represents Edward and Phyllis Mello, Trustees of the Mello Realty Trust. I am in receipt of your correspondence of February 19, 1997. Prior to receiving your letter, our clients were under the impression that the property at 10 Linden Street, Salem was a legal four-family. The Mellos purchased the property with that representation from the prior owners. We are currently assessing our course of action to address this problem. We anticipate taking whatever steps are necessary to put the property into compliance with the applicable zoning regulation. Very t yo JAMES F. MEARS, JR. JFM,JR;jac : " , :: ; . , _ . cc:. Edward,Mello Titg of 3ttlem. massac4usetts (4wtoDmnir, tlublic Propertq Department Nuilbing Department (One 6alem Q6reen 508-745-9595 Tut. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 8 , 1996 Mello Realty Trust Edward & Phyllis Mello P .O . Box 262 Peabody, Mass . 01906 +.r�: RE 10 Lin den;,$�reet Dear Mr . & Mrs . Mello: Thank you very much for your response to the letter dated on September 6 , 1996 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, Leo E . Tremblay/ Inspector of Building LET: scm cc: David Shea Jane Guy Councillor Kelley, Ward 5 iana� Public trupertg Department Suilbing Department (One tkalem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 6, 1996 Mello Realty Trust Edward & Phyllis Mello P.O. Box 262 Peabodv, Mass. 01906 RE: 10 Linden Street Dear Mr . & Mrs. Mello: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: f 1. Repair vinyl siding on side of structure. l =1 2. Chimney at roof top needs to be re-pointed. Bricks also missing at cap) 3. Rear step entry need to be maintained. Exterior steps need to be re-secured. 4. Trash must be picked up in yard area., Please notify this department within fifteen ( 15) days upon receipt of this letter as to what course of action you will take to rectify these violaticns. 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, C Y\ Leo E . Tremblay Inspector of Buildings LET: scm cc: lane Guy Councillor Kelley, Ward 5 G027*1i'vP Titu of Salem. �tttssar4usEfts Public Propertg Department iguilbing Department (One dnlem (5reen 500-745-9593 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 6, 1996 Mello Realty Trust Edward & Phyllis Mello P.O. Box 262 Peabodv. Mass. 01906 RE: 10 Linden Street Dear Mr. & Mrs. Mello: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Repair vinyl siding on side of structure. - / 2. Chimney at roof top needs to be re-pointed. (Bricks also missing at caps) V � 3. Rear step entry need to be maintained. Exterior steps need to be re-secured. 4 . Trash must be picked up in yard area. Please notify this department within fifteen (15) days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do sotwill 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: Jane Guv Councillor Kelley, Ward 5 3 Tito of #Ulem, massttcllusetts tlublic ?Propertg Repartment Nuilbing #3epnrtment (One 13elrm Q4reen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 8 , 1996 Mello Realty Trust Edward & Phyllis Mello P .O. Box 262 Peabody, Mass . 01906 RE: 10 Linden Street Dear Mr . & Mrs . Mello: Thank you very much for your response to the letter dated on September 6 , 1996 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, Leo E . TremblaY, Inspector of B ' ilding LET: scm cc: David Shea Jane Guy Councillor Kelley, Ward 5 'a Public Propertq Department qeq iguilain4 Department l9ne tralem (5reen 500-7-15-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 6, 1996 Mello Realty Trust Edward & Phyllis Mello P.O. Box 262 Peabodv, Mass . 01906 RE: 10 Linden Street` Dear Mr. & Mrs. Mello: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Repair vinyl siding on side of structure. 2. Chi---ney at roof top needs to be re-pointed. (Bricks also missing at cap) 3. Rear step entry need to be maintained. Exterior steps need to he re-secured. 4 . Trash must be picked up in vard area. Please notify this department within fifteen f15) days upon receipt of this letter as to what course of action you will take 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, yr rte Leo E . Tremblav Inspector of Buildings LET: scm CC: 'ane Guv Councillor Kelley, Ward 5 aLLf J of 2Ilm, C tlz»ui Richard T. McIntosh One Salem Green 745-0213 I September 16,1983 Re: 10 Linden Street R-2 Zone TO WHOM IT MAY CONCERN: Record on file in this Department indicate that the above referenced property is a (3) Family Dwelling and may continue to be occupied as such. Very truly yours, la Richard T. McIntosh Zoning Enforcement Officer RTM:mo's 01/02/03 THU 10:55 FAS 9787400072 JOHN D KEENAN ieo— zoos/000 4D 119 L, JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS city 5ollcllor LEGAL DEPARTMENT JAMES G.GILBERT 222 Essex Street 93 WASHINGTON STREET Assistant City Solicitor Salem,MA 91970 15 Front 0197 SALEM, MASSACHUSETTS 01970 Salem,MA 01970 Tel:(WB)741.4453 Fax: (978)740.0072 Tel: (970)744.9a00 Email:ldkee awa0l.com Fa.: (976)744.7860 1a;ax&First Class Mail: 781.639.4441 Email:gilbert®salcmlawyer.com January 2, 2003 Joseph A. MacDonald, Esq. Forty South Street Marblehead, MA 01945 RE: William Arnold v. Salem Board of Appeals Essex Superior Court Docket# 02.1963-A Dear Joe: I just received a rather disturbing call from a neighbor of your client's on Linden Street. The neighbor advised me that yesterday (New Year's Day), Mr.Arnold crossed the street to physically confront him and ask why he was trying to block his project. Arnold stated to his neighborthat, "if I were 15 years younger, I'd kick your ass"and proceeded to spit in his face. The neighbor has contacted the police and filed a report. As you know, this conduct amounts to assault and assault and battery. To say I am disheartened by the unacceptable behavior of your client would be an understatement. The Building Inspector (on December 31, 2002)ordered Mr. Arnold to stop work on the project. I have also asked him today to serve him today with a cease and desist from operating a commercial enterprise in a residential district. Apparently, more commercial vehicles have shown up at the house. As stated at the outset, I had hoped to work this out amicably with Mr. Arnold. At this point, Mr. Arnold appears to have other ideas. If he persists, please let him know I will seek injunctive relief to stop the project.' I look forward to hearing from you after you get a chance to speak with your client. Happy New Year. �ONDIT vQ� ��C/Allrygl CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HGF 4LTH SENT Tel: (978)741-1800 d� .d September 1, 1998 Fax: (978)740-9705 W off.- w us 9vlello ReBltyt %dward-&Pt I§Mello O. Box 26 0 abodpAA. O 960 v v ar Sir Oadam : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 10 Linden Street Apt.#2 occupied by Laurie Yezerski Ballinger conducted by Virginia Moustakis, Senior Sanitarian on Monday,August 31,1998 at 2:00 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: ✓' Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant, Plumbing/Gasg/Gas In�Councillor, William Kelley Certified Mail#Z 279 293 173 J S/sj k c-fi Wo e\ '� ; SALEM HEALTH DEPARTMENT 9 North Street %. Salem,MA 01970 ^� State Sanitary Code, Chapter.11:,J06.CMR 410.000 Minimum Standards of FnrtessYor Human Habitation Occupant: Zti2/F ALe Ek SK/ Phone: 7v0— O Address: /U t /.ency Apt. _p�_ Floor. a / Owner LIE/ice, Pyr/L r4 vvs 1- Address: Pr 6 cX 24,i f/o cvlx R-oL ? p/l�iG/S �YJ e coo _ ,,�/ - Aa 16 0 OA- (Y 9,(,O Inspection Date: �1— .31 9 Time a:0p p Conducted By: 114Guc tzc/e/s Accompanied;By:; 1irv,�ivt- Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . BASED ON A TENANT' COMPLAINT,AN INSPECTION WAS "CONDUCTED-IN'ACCORDANCE WITH CHAPTER II OF STATE SANITARY CODE 105CMR 410.000. INSPECTOR NOTED: >c SOd [)Z (/iv .Pa/4 e Sfhm e Y Iv nr: u v 15-0 ,�t(G a.ori i-!dS GL N r / L --J - at 161e / 3S N ( go / Q q- T�"`�/- — /Lt7N✓[j ,7f'ou>L,n tt� IS�+„ «�-� p_ Cacc_C�- One or more of the above violations may endanger or materially impair the health, safety and wellbeing or the occupants(s) Code Enforcement Inspector Este es on documento legal importante Puede que alecte sus derechos Puede adauimmna trarl,rrinn H. ,� t......-. APPENDIX II(14),,-. Legal Remedies for Tenants of Residential Housing Tie following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in: your rent_ B_ You did not cause the violations and they can''tie repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this, it is best to put the rent money aside in a safe place.) 2. Rcitit and Drdu f(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or weliLbeing,and your landlord has received written notice of the violations, you may be able-to.use this remedy.If.the.owner fails triuu begin necessary repairs(or to enter into a written coact to have thedi- made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent in;auy: year to make the repairs -- 3. Retaliatory Rent lntxeases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,: section 2A):'The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, he-or she.wilkhave.to show a good reason for the increase or eviction which is unrelated to your complaint.You may be ableto sue the landlord for damages of he or she tries this. 4. Rent R=iversbin(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the Distitia or Superior Court to allow rent to be paid into court rather than to the owner The corm may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability: You may be enuded to sue your landlord to have all or some of your rens returned if your dwelling unit does not meet minimum standards of habitability 6 Unfair and D r.n iv .P ac icP-a (Massachusetts General Laws. Chapter 93A) Renting au apartment wittn code violations is a violation of the consumer protection as and regulations, for which you may suc at owucr The information presented above is only a summary of the law. Before you decide to withhold vour rent or take any other legal action, it is advisable that you consult an attorney. (I you cannot afford to consult an attorney, rou should contact thr nearest legal services office, which is: Neighborhood Legal Services 37 Friend St, Lynn, MA 01902 (617) 599-7730 u: Page of o SALEM HEALTH DEPARTMENT 9 North Street .e44�r Salem,.MA 01970 Name: /.cuaweC�e -ee,5KI 9azz,1 ✓9 e,2 Address: /0 GivOGn cSt (ga�- f. �fecue Specified Reg tf Violation Time 410. . . . ;e r zr a s3 c r 6-6Z3 A U v � r r O ,�-dS U S )22iSJzzva 0 B e/ G a tie Q We-r v /�C , G :r„a MC Page_of SALEM HEALTH DEPARTMENT 9 North Street Date: Salem..MA 01970 .oy4�r Name: Address: Specified Reg # Violation Time 410. . . . i Tito of AttlEm, massac4usctts ! i'a tlublic trupertg i9epartment Nutibing Bepartment (One dalem (6rern 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 19 , 1997 Mello Realty Trust Edward & Phyllis Mello P .O. Box 262 Peabody, Mass . 01960 RE : 10 Linden Street Dear Mr . & Mrs . Mello : This office has been informed that you are illegally renting a fourth ( 4 ) apartment at the above mentioned location . On June 4 , 1956 , a Variance to alter a single family dwelling into a three (3 ) family dwelling was granted by the City of Salem Board of Appeals . If you wish to enlarge said structure from a legal three ( 3 ) family to a legal four ( 4 ) family, you must file papers with the City of Salem Board of Appeals . If you do not wish to file with the Board of Appeals , you must cease and desist using said structure as an illegal four ( 4 ) family dwelling at once . Please notify this department within ( 15 ) fifteen days upon receipt of this letter , to inform us as to what course of action you will take to rectify these violations . Failure to so do will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc : Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 �' Commonwealth of Massachusetts County of Essex The Superior Court CIVIL DOCKET# ESCV2008-00243 RE: St Pierre as Building Commissioner and Zoning Enforcement Office v Arnold TO:Jerald A Parisella, Esquire Alexander & Femino 1 School Street Beverly, MA 01915 PRELIMINARY INJUNCTION This action came on to be heard before the Court upon the return of an Order of Notice to show cause why the application for a preliminary injunction should not be granted, and was argued by counsel; and upon consideration thereof, It is ORDERED and ADJUDGED that upon payment to the clerk of the sum of $110.00, and until further order of the Court, the application under the prayers of the complaint is hereby granted; and the defendant(s), William C Arnold its agents, servants, attorneys and deputies are ENJOINED AND RESTRAINED from conducting his carpentry business and any other commercial activity on his property at 10 Linden Street in the City of Salem, including the parking of commercial vehicles and trucks at 10 Linden Street. Further, pursuant to City of.Salem Ordinance Chapter 42, Section 5513(b), the court should enjoin Arnold from parking his commercial vehicles along Linden Street, or in any other residential district, between the hours of 5:00 PM and 8:OOAM, and for more than one hour between the hours of 8:OOAM and 5:OOPM, except as to the daytime hours when defendant is working on his home. Defendant may park his van in his garage at any time. Dated at Salem, Massachusetts this 12th day of February, 2008. Richard Welch, III Justice BYE ""." �Lc AA . ....' Assistant Clerk Telephone: (978) 462-4474 A TRUE POPY, ASST CLERK cvdpi.i 3.wpd 760067 inidocol Collins C3/06/08 11 :44 SALEM POLICE DEPARTMENT PAGE: 1 v5 . 5n INCIDENT REPORT TTYRO12 -134 shift : 3 date: 03/05/08 WEDNESDAY org/1st - - -- - --- ------- - - ---- ---- - -- -- - - - - - ------- - -- - - -- - ---- - -- -- -- -- - - -------------- - r*rrr**rrr C 557 -KEEP THE PEACE **rcv*clr* 13 :43 * 10 LINDEN ST apt: 003 1 SAL 557 557 *ibr: l : 148 503027 * ASSIS'T BUILDING INS?ECTER. 52 * ID #: 8733 101-134 ARNOLD, WILLIAM C 07/04/59 10 LINDEN ST SALEM, MA 01970 Invo: 3ARBEAU, JOSEPH JR E 04/01/58 120 WASHINGTON SALEM, MA 0197C *Rk :7NIT1S) ** r 25 * SAL P PTL T PELL 101-146 r> 13 : 43 d> 13 :43 a> 13 :43 c> 14 : 43 k> h> *** COMMENTS *** 25 SAL 13 :43 : 11 CD-557-ASSIST BUILDING INSPECTER. 101- 25 SAL 14 :43 : 56 CLEAR. 146- 25 SAL THIS OFFICER, PELLETIER, ASSISTED THE BUILDING INSPECTOR, 134-134 25 SAL BARBEAU, WITH CONDUCTING A WALK THROUGH OF THE THIRD FLOOR 134- 25 SAL APARTMENT LOCATED AT "_0 LINDEN ST. 134- 25 SAL ALSO PRESENT WAS CHARLES HOLLORAN SFD, DAVID GREENBAUM 134- 25 SAL BOARD OF HEALTH. 134- 25 SAL DURING THE INSPECTION MR ARNOLD ARRIVED HOME. MR ARNOLD 134- 25 SAL WAS IRRATIONAL DURING THE INSPECTION DEMANDING THAT THE 134- 25 SAL THIRD FLOOR TENANT, TURMANNE, IS A SQUATTER AND THAT HE 134-134 25 SAL WANTED HER REMOVED. THIS OFFICER ADVISED MR ARNOLD THAT 134- 25 SAL SHE WAS A TENANT THE LAST TI14E I RESPONDED TO THE RESIDENCE 134- 25 SAL AND AS A RESULT SHE WOULD NOT BE EVICTED BY THIS OFFICER. 134- 25 SAL MR ARNOLD PRODUCED TWO BILLS WITH MARK WHITEHEADS NAME ON IT 134-134 25 SAL STATING IT WAS HIS APARTMENT. THIS OFFICER OBSERVED NO 134- 25 SAL PERSONAL PROPERTY OF MR WHITEHEAD IN THE APARTMENT. 134- 25 SAL MR ARNOLD STATED HE HAD A LEASE SIGNED BY MR WHITEHEAD. 134- 25 SAL THIS OFFICER ADVISED IT WAS IN MR ARNOLDS BEST INTEREST TO 134- 25 SAL PRODUCE THE LEASE TO THIS OFFICER, AS WELL AS OFFICER 134- 25 SAL GAGNON. MR ARNOLD REFUSED TO PRODUCE THE LEASE. 134- 25 SAL THIS OFFICER ADVISED MR WHITEHEAD THAT IF HE HAS ANYTHING 134- 25 SAL TO REPORT TO THIS OFFICER HE CAN REPORT IT AT THE STATION 134- 25 SAL WHERE HE [WOULD NOT BE INTIMIDATED BY HIS LANT)LORD OR 134- 25 SAL ROOMMATE. 134- 25 SAL MR ARNOLD ALLOWED FF HOLLORAN TO WALK THROUGH THE COMMON 134- 25 SAL AREAS OF THE HOUSE . MR ARNOLD WAS ADVISED OF VIOLATIONS . 134- 25 SAL MR ARNOLD WAS ASKED IF HE HAD BEDROOMS IN THE BASEMENT. 134- 25 SAL HE REFUSED TO ALLOW AN INSPECTION, HOWEVER, MR ARNOLD STATED 134-134 25 SAL THESE BEDROOMS COULD BE ALLOWED IN AN EMERGENCY. WHEN HE 134- 25 SAL WAS ADVISED HE IS NOT ALLOWED BEDROOMS IN THE BASEMENT, 134- 25 SAL MR ARNOLD STATED, "THEN I'LL HAVE THEM MOVED BY TOMORROW. " 134- 25 SAL 134- 25 SAL THIS OFFICER ALSO WAS INFORMED BY MR ARNOLD T:[AT HE WOULD 134 - 25 SAL "MOVE HELLS ANGELS IN. " WHEN I ASKED IF IT WAS A THREAT HE 139 - 25 SAL STATED NO. 134- 25 SAL MS TURMANNE IS GOING TO PRODUCE TO THIS OFFICER A COPY OF 134- 25 SAL A LETTER SHE SENT TO MR ARNOLD STATING HER COMPLAINTS . 134- 25 SAL 134- 25 SAL MRS TUMANNE STATES SHE WAS INITIALLY TOLD SHE WAS RENTING 134- 03/06/08 11 :44 SALEM POLICE DEPARTMENT PAGE: 2 v5 . 5n INCIDENT REPORT TTYRCI2 -134 shift : g date : 03/05/08 WEDNESDAY OYg/lst ------------ - ------- - --- - -- --- -- - - -- - -- -- --- - - -- - -- ----- - - ------- ------ --- --- - -- *** COMMENTS *** 25 SAL A ROOM, HOWEVER, WHEN SHE MOVED IN SHE WAS INFORMED SHE WAS 134- 25 SAL RENTING AN APARTMENT AND WOULD HAVE A RCOM,'LATE. SINCE THAT 134- 25 SAL TIME SHE WAS TOLD SHE IS SHARING THE RESTROOM AND HAS OTHER 1.:34- 25 SAL PEOPLE USING HER KITCHEN. MR ARNOLD WILL NOT PUT A LOCK 134- 25 SAL ON THE APARTMENT DOCR. 134- -------- ----- -- -- ---- -- --------- -- - -- --------- ---- officer' s signature date 03/06/08 11 : 44 SALEM POLICE DEPARTMENT PAGE: 1 v5 . 5n INCIDENT REPORT TTYRO12 •-134 shit : B date: 03/05/08 WEDNESDAY org/Ist ---- -- --- ---- - ---- --- ----- - --- - -- - - --- - -- - ---- - ---- - -- - - -- --- *+++****** C 148 DISPUTE LANDLORD TENANT **rcv*clr* 15 : 02 * 10 LINDEN ST apt : 003 1 SAL 148 148 503030 * LANDLORD TENANT DISPUTE 52 * ID # : 8733 14.5-134 ARNOLD, WILLIAM C 07/04/59 10 LINDEN ST SALEM,NJA 01970 Invo: 'PURMANNE, MARIE 02/19/62 10 LINDEN SALEM, MA 01970 ++* UNITS) *** 145-145 25 * SAL P PTL T PELL r> 15 : 02 d> 15: 02 a> 15 : 05 c> 15 : 09 k> h> 14'5-145 ESX SAL P PTL B STPI r> 15 : 02 d> 15 : 02 a> 15 : 05 c> 15 : 05 k> h> *** COMMENTS *** 145- 25 SAL 15 : 02 : 18 CD-148-LANDLORD TENANT DISPUTE 145- 25 SAL 15: 05 :46 OUT 145- 25 SAL 15 : 09 : 58 CLEAR NO PROBLEM 25 SAL WILLIAM ARNOLD PHONED POLICE TO ADVISE THEM THAT HE SENT 134- 25 SAL HIS TENANT, WHITEHEAD, TO DISTRICT COURT TO REQUEST A 209A 134- 25 SAL AGAINST HIS ROOMMATE TURMANNE, THIS OFFICER OBSERVED A 134- 25 SAL BOARD SCREWED INTO THE DOOR LOCATED DIRECTLY NEXT TO THE 134- 25 SAL GARAGE. MR ARNOLD STATED IF HE GETS IN TROUBLE FOR 134- 25 SAL ILLEGAL EVICTION THAT'S FINE. HE STATED HE WAS NOT GOING TO 134- 25 SAL ALLOW TURMANNE BACK INTO THE HOUSE. THE FIRE DEPT WAS AWARE 134- 25 SAL OF THE BOARD. MR ARNOLD POINTED OUT TO THIS OFFICER THAT 134- 25 SAL THERE WERE SEVERAL OTHER WAYS FOR HIS TENANTS TO EXIT THE 134- 25 SAL BUILDING. 134- 25 SAL HSE SAL THE ABOVE TURMANNE CAME TO THE SATION AT 0245 HRS ON 3/6/08 87 -87 HSE SAL AND REPORT THAT SHE WAS LOCKED OUT OF THE APARTMENT BY HER 87 - ESE SAL LANDLORD. MS TURMANNE WAS ADVISED OF THE REPORT THAT WAS 87 -87 HSE SAL FILED ON 3/5/08 AND WAS FURTHER ADVISED ON THE PROCESS THAT 87 - HSE SAL SHE WAS ENTITLED TO PURSUE THROUGH HOUSING COURT AGAINST 87 - HSE SAL ARNOLD. TURMANNE WAS FURTHER ADVISED THAT HER VISIT TO THE 87 - HSE SAL STATION WOULD BE DOCUMENTED VIA THIS REPORT. ------------------ --- ---- -- ------- - ---- --- - -- officer' s signature date --Arr LeVArIV1V AUULI '- "--" Inal uourt oT Massacniusetts , FOR COMPLAINT JUVENILE 'District Court Department ❑ ARREST HEARING 1:1SUMMONS ElWARRANT COURT DIVISION The within named co lainant requests that a complaint issue,against the within Sal;ar'nDistrRitCourt named defendant,•charging said defendant with the offense(s)listed below. •� - r DATE OF APPLICATION IDATE OF OFFENSE f.LACE Oe OFFENSE r , ` td}itHhlYIIQ2D!lStTeet " • �' _� I - r��• X519 .a r. Salem. MA. DI MNA E FCOMPLAINANT NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAINANT 2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT t 'ILLId.il__ 1l�� � 3. 4. •-:X1'4 _-�. I .�i,}t._—_�.._._..�___..___�_.._.__ ._.___. COURT USE A hearing upon this complaint application DATE OF HEARING TIMEOF FARING C ONLY—� will be held at the above couA address on ;. ( KAT ? � , y CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTR LED NO. Owner of property, 'Goods stolen,what Over or under SUBSTANCE OR WEAPON _person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. DAVID J.. _ OTHER REMARKS: 11,116,,Sz-�1) R:1 Kl ARNOLD IIYFI;ONro1= % LlIV/�z-/yz 5711/=1-L:J.Z rA! L(VG clllFi7oNrFU ;i D < soj.;r Icrur j:-S of /7= NiA7777? Nr Accusr_ p r7� o F HFv//vG�us�p f%lrlr fiGz 125 wlrK �+ r- ouil_DING- INSP�n/R' /�f THRcaT-�IcO Ej�1Sir- lqldRM AAliD »n/+�K�y�Ff�C C. Gr_i- poc/cr RF�kT-'4T[A6#-p X . F MPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if,known. DATEOF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE/ HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S AME(MAI ENI FATHER'S NAME A r r DC-CR2(3188) - APPLICATION ® ADULT NUMBER Trial Court of Massachusetts POR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST X1 HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. Street Washington$tSt DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Salem.65 WashingtonininO19 4/'29/97 4/8/97 10 Linden Street NAME OF COMPLAINANT Sity of Salem Zoning Officer NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT ro One Salem Green t Illegal Apartment Section Article Y111 8.5 Salem, Mase. 01970 - - -- - - ------ 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mello Realty Trust Edward & Phyllis Mello 3. P.O: Box-262 _ . . __ _ _. _ _. _ Peabody, Mass. 01960 _- _ 4. COURT USE A hearing upon this complaint application I ATEOFHEARING TIMEOFHEARING COURT USE ONLY will be held at the above court address on f 4ry AT -1 1 *--ONLY CASE PARTICULARS --(/BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Failure to respond to correspondence from City of Salem Zoning Officer. SIGNATURE OF COMP�,ATI DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kno n. DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITYNUMBER SEX RACE HEIGHT WEIGHT] EVES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 5 Z D Z 1 N O O DC-0R2(3/88) APPLICATION ® ADULT NUMBER Trial Court of Massachusetts -OPOR COMPLAINT ❑ JL I District Court Department ❑ ARREST YJ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE g 4/29/97 1 4/8/97 10 Linden Street Salem, MA. 01970 NAME OF COMPLAINANT - City of Salem Zoning Officer NO. OFFENSE G.L. Ch. and Se ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Greent. Illegal Apartment Section Salem, Mass. 01970 Article V111 8.5 -------- ----------- 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mello Realty Trust Edward & Phyllis Mello 3. P.O: Box -262- Peabody, 262 Peabody, Mass. 01960__.____ _.._--_- 4' COURT USE I A hearing upon this complaint application DATEO�HEARING TI EOFHEARING COURT USE ONLY *► will be held at the above court addreon /Jr 1 y AT I *--ONLY CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Failure to respond to correspondence from City of Salem Zoning Officer. SIGNATURE OF COMP DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kno n. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME OCCUPATION EMPLOYER/SCHOOL T s. _-"--'- `E --a COURT USE ONLY --.. .,.;. _ �.f„;� __.x -' ,> :ys��•..�:7re.�+:s+ a;.�:s.� *.,;a. DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable ❑ Continued to COMMENTS 1 DC-CR2(3/88) APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT F--of— District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below.If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem Digtrlct Coun 66 Washington Street ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salom,MA 01870 O BODILY INJURY ❑ COMMISSION OFA CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. ❑ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. p HAS L3 HAS NOT been arrested NAME(FIRST MI LAST)ANDADDRESS BIRTH DATE SOCIAL SECURITY NUMBER PCF NO. MARITAL STATUS DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES M HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATION'CASE COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD 1 i r )f s - - ❑ POLICE ❑ CITIZEN ❑ OTHER ADDRESS PLACE OF OFFENSE INCIDENT REPORT NO. OBTN s CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE VARIABLES(e.g.vi°:w name,controlled substance,type and value of property.'other variable information;we Complaint Language Manual) r ✓ ti: OFFENSE G DE DESCRIPTION OFFENSE DATE 2 Li VARIABLES t+t 40D OFFENSECODE 4 DESCRIPTION • OFFENSE DATE ra � 3 VARIABLES, �- REMARKS COMP INANT_ S SIGNAT RE - DATE FILED X COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION D E; F HEARING f TIME OF HEARING COURT USE ONLY 3 WILL BE HELD AT THE ABOVE COURT ADDRESS ON 1AT r E— DCCR-E(olvoo) COMPLAINANT'S COPY APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE CRIMINAL COMPLAINT Trial Court r Massachusetts _of_ District Court Department I,the undersignedcomplainant,request that s criminal complaint issue against the accused charging the otfense(s)I'sted below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court 65 Washington Street ONLY MISDEMEANOR(S), I request a hearing D WITHOUT NOTICE because of an imminent threat of Salem, MA. 01970 D BODILY INJURY D COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused. D ONE OR MORE FELONIES,I request a hearing D WITHOUT NOTICE D WITH NOTICE to accused. ARREST STATUS OF ACCUSED D WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS AS NOT been arrested- INFORMATION ABOUT NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER 026 —SO —3OS-3 F-tJ I III am. AR.NOLD PCF NO. MARITAL STATUS S�/oma t �A O(910 DRIVERS LICENSE NO. STATE -I R GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE A4)e EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) CASE INFORMATION COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD d ,-O/A�6 L Airs PkA 7-04s d ❑ POLICE ❑ CITIZEN ❑ OTHER ADDRESS 'I PLACE OF OFFENSE / ZO W A-SH 1 A!(oTQAI ST, 5A�•\ r /Vt4 01 !7) INCIDENT REPORT NO. OBTN / �,L CITATION NO(S). L-76- 3/iQZ3E.4-() /j5-T- jjJ/cA1,vc /A/SPAFx7v� OFFENSE CODE DESCRIPTIONZ y_ OFFENSE DATE 1 L >< f lrw 8•.t Q NAS c- -Z/ - 6,4110-14 �Ren��J VARIABLES fe.g. victiat name,controlled substance,type and value of property.Aher variable information;sea Complaint Language Manual) L`. OFFENSE 60DE = DESCRIPTION OFFENSE DATE 2 VARIABLES• — €. 07 OFFENSE LOPE DESCRIPTIONOFFENSE DATE LIJ 3 VARIABLE v ' N REMARKS "" COMP INA N E DATE FILED X G(/ sr, ecdc r�sP COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON — AT / � E 'PATEPROCESSING NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: HEARING CONTINUED TO: I APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE: D IMMINENT THREAT OF D BODILY INJURY D CRIME D FLIGHT BY ACCUSED D FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE D FELONY CHARGED BY CIVILIAN;NO NOTICE AT CLERK'S DISCRETION DATE ,COMPLAINT TO ISSUE COMPLAINT DENIED CLERK/I JU DGE�,, ❑ PROBABLE CAUSE FOUND FOR ABOVE OFFENSE(S) D NO PROBABLE CAUSE FOUND I NO(S). D 1. D 2. D 3. BASED ON D REQUEST OF COMPLAINANT D FACTS SET FORTH IN ATTACHED STATEMENT(S) D FAILURE TO PROSECUTE D TESTIMONY RECORDED:TAPE NO. D AGREEMENT OF BOTH PARTIES START NO. END NO. D OTHER: D WARRANT D SUMMONS TO ISSUE COMMENT ARRAIGNMENT DATE: I STATEMENT OF FACTSAPPLICATION NO.(court use on/y) PAGE Trial Court of Massachusetts IN SUPPORT of —OF District Court Department APPLICATION FOR CRIMINAL COMPLAINT COURT DIVISION The undersigned alleges the following as a full or Elpartial statement of the factual basis for the offense(s)for which a criminal complaint is sought.sought. ---�l_R, _ ,�N_%� a _Xeew 714-0~✓J /t_i�C_L'amm.�e _ve�s!c�E� OL,/ �p/lo e,e-� c✓, ��v_f�1�r._✓✓✓�, s--y1_-a��,S �J_�.�!—[�ia/.���_v_ sf--- 601___� _�1Lrli.va>✓ee ' ms`s_ - em � e�-��- - ,Qe� _ten 6ti//h s -�=--- ✓e�,1e1_--- , •Qe_/<_ec� � /,5 o ,60 __7L�8/oL _.Sooeev� eine.y V.4 _ 0 �0�/e/CT-� 2meTfs--- ---��--- Prl�l-------------------------------------------- -------- ------------------------------------------------------------------------------------------ -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------- (Use additional sheets it necessary) PRINTED NAME SIGNATURE I AM A: DATE SIGNED ❑LAW ENFORCEMENT OFFICER X ❑CIVILIAN COMPLAINANT OR WITNESS ---------------------------------------------------------------------------------------- _—__------------ ---------------___--- — — _------_—__--___—_—____--____--_-----__—____— —_—_—_------------______—_—_—_—_---_--_——---_________________________—____----___--_— REMARKS TSIGNATURE OF CLERK-MAGISTRATE/ASST.CLERK/JUDGE DATE SIGNED DC CR 34 (7/04) 01/02/03 10 :09 SALEM POLICE DEPARTMENT PAGE: 1 v5. 51 INCIDENT REPORT TTYR036 -32 shift : B . date : 01/01/03 WEDNESDAY org/1st --------------------------------------------------------------------------------- ********** C 13A ASSAULT-SIMPLE **rc•v*clr* 11 :56 * 7 LINDEN ST apt : 002 A SAL 13A 13A 335053 * PARTY SPIT IN HIS FACE 52 * ID Q 8728 133-79 Rept : GUY, DAVID C 7 LINDEN SALEM, MA Invo : ARNOLD, WILLIAM C 026-50-3053 10 LINDEN SALEM, MA *** UNITS) *** 25 * SAL P GTL VAILLA 133-74 r) 11 :56 d) 11 :56 a) 11 :56 c) 12: 46 k) h) *** COMMENTS *** 25 SAL 11 :56: 19 CD-13A-PARTY SPIT IN HIS FACE 133- 25 SAL 12:46: 16 CLEAR 74 - 25 SAL THE ABOVE PARTIES ARE HAVING AN ONGOING DISPUTE OF SOME 101- 25 SAL CONSTRUCTION THAT MR. ARNOLD IS DOING ON HIS HOME. MR. ' GUY 101- 25 SAL WANTED TO REPORT THAT HE WAS WALKING TO THE WATER TO TAKE 101- 25 SAL PICTURES OF THE OCEAN WHEN HE WAS CONFRONTED BY MR. ARNOLD. 101- 25 SAL THE CONVERSATION GOT HEATED AT TIMES AND BEFORE IT WAS OVER 101- 25 SAL MR. ARNOLD SPIT IN HIS FACE. MR. GUY WAS ADVISED TO SEEN. 101- 25 SAL A COMPLAINT A SALEM DISTRICT COURT IF HE CHOOSES TO. I THEN 101- 25 SAL SPOKE WITH MR. ARNOLD WHO STATED THAT MR. GUY WAS TAKING 101- 25 SAL PICTURES OF HIS WIFE AS WELL AS HIS HOUSE. HE STATED THAT HE 101- 25 SAL DID CONFRONT HIM BECAUSE HE IS SICK OF BEING HARASSED BY MR. 101- 25 SAL GUY. MR. ARNOLD WAS ADVISED TO STAY AWAY FROM MR. GUY IN THE 101- 25 SAL FUTURE. 101- 25 SAL 101- seem Police DepaTtmrmt Records Division P.D. Box 3000 Siam, MA 01970 ----------------------------------- --------------- officer' s signature date Ma-'fl6 08 12:01p Officer-In-Charge 978-740-5180 p.2 03/06/08 11 :44 SALEM POLICE DEPARTMENT PAGE: I v5. 5n INCIDENT REPORT TTYRO12 -134 shift_ B - -- - ---date_ 03/05/08 WEDNESDAY org/1st ------------------------- - --------- --- -- ********** C 557 KEEP THE PEACE 13 : 43 * 10 LINDEN ST apt : 003 1 SAL **rcv*Clr* *ibr: 1: 146 557 557 503027 * ASSIST BUILDING INSPECTER. 52 * ID #: 8733 101-134 ARNOLD, WILLIAM C 07/04/59 10 LINDEN ST SALEM,MA 01970 Invo: BARBEAU, JOSEPH JR E 04/01/58 UNIT(S) *** 120 WASHINGTON SALEM,MA 01970 *** 25 * SAL P PTL T PELL 101-146 r> 13 :43 d> 13 : 43 a> 13 : 43 C> 14 :43 k> h> *** COMMENTS *** 25 SAL 13 :43 : 11 CD-557-ASSIST BUILDING INSPECTER. 101- 25 SAL 14 :43 : 56 CLEAR. 146- 25 SAL THIS OFFICER, PELLETIER, ASSISTED THE BUILDING INSPECTOR, 134-134 25 SAL BARBEAU, WITH CONDUCTING A WALK THROUGH OF THE THIRD FLOOR 134- 25 SAL APARTMENT LOCATED AT 10 LINDEN ST. 134- 25 SAL ALSO PRESENT WAS CHARLES HOLLORAN SFD, DAVID GREENBAUM 134- 25 SAL BOARD OF HEALTH. 134- 25 SAL DURING THE INSPECTION MR ARNOLD ARRIVED HOME. MR ARNOLD 134- 25 SPL WAS IRRATIONAL DURING THE INSPECTION DEMANDING THAT THE 134- 25 SAL THIRD FLOOR TENANT, TURMANNE, IS A SQUATTER AND THAT HE 134-134 25 SAL WANTED HER REMOVED. THIS OFFICER ADVISED MR ARNOLD THAT 134- 25 SAL SHE WAS A TENANT THE LAST TIME I RESPONDED TO THE RESIDENCE 134- 25 SAL AND AS A RESULT SHE WOULD NOT BE EVICTED BY THIS OFFICER. 134- 25 SAL MR ARNOLD PRODUCED TWO BILLS WITH MARK WHITEHEADS NAME ON IT 134-134 25 SAL STATING IT WAS HIS APARTMENT. THIS OFFICER OBSERVED NO 134- 25 SAL PERSONAL PROPERTY OF MR WHITEHEAD IN THE APARTMENT. 134- 25 SAL MR ARNOLD STATED HE HAD A LEASE SIGNED BY MR WHITEHEAD. 134- 25 SAL THIS OFFICER ADVISED IT WAS IN ,MR ARNOLDS BEST INTEREST TO 134- 25 SAL PRODUCE THE LEASE TO THIS OFFICER, AS WELL AS OFFICER 134- 25 SAL GAGNON. MR ARNOLD REFUSED TO PRODUCE THE LEASE. 134- 25 SAL THIS OFFICER ADVISED MR WHITEHEAD THAT IF HE HAS ANYTHING 134- 25 SAL TO REPORT TO THIS OFFICER HE CAN REPORT IT AT THE STATION 134- 25 SAL WHERE HE WOULD NOT BE INTIMIDATED BY HIS LANDLORD OR 134- 25 SAL ROOMMATE. 134- 25 SAL MR ARNOLD ALLOWED FF HOLLORAN TO WALK THROUGH THE COMMON 134- 25 SAL AREAS OF THE HOUSE. MR ARNOLD WAS ADVISED OF VIOLATIONS. 134- 25 SAL MR ARNOLD WAS ASKED IF HE HAD BEDROOMS IN THE BASEMENT. 134- 25 SAL HE REFUSED TO ALLOW AN INSPECTION, HOWEVER, MR ARNOLD STATED 134-134 25 SAL THESE BEDROOMS COULD BE ALLOWED IN AN EMERGENCY. WHEN HE 134- 25 SBI. WAS ADVISED HE IS NOT ALLOWED BEDROOMS IN THE BASEMENT, 134- 25 SAL MR ARNOLD STATED, "THEN I 'LL HAVE THEM MOVED BY TOMORROW. " 134- 25 SAL 134- 25 SAL THIS OFFICER ALSO WAS INFORMED BY MR ARNOLD THAT HE WOULD 134- 25 SAL "MOVE HELLS ANGELS IN. " WHEN I ASKED IF IT WAS A THREAT HE 134- 25 SAL STATED NO. 134- 25 SAL MS TURMANNE IS GOING TO PRODUCE TO THIS OFFICER A COPY OF 134- 25 SAL A LETTER SHE SENT TO MR ARNOLD STATING HER COMPLAINTS. 134- 25 SAL 25 SAL MRS TUMANNE STATES SHE WAS INITIALLY TOLD SHE WAS RENTING 134- Mar06 08 12:01p Officer-In-Charge 978-740-5180 p.3 03/06/08 11: 44 SALEM POLICE DEPARTMENT PAGE: 2 v5 . 5n INCIDENT REPORT TTYR012 -134 shift : 3 date: 03/05/08 WEDNESDAY org;lst --- ----- ------------------------------------------------------ - -- -- -------- ----- *** COMMENTS *** 25 SAL A ROOM, HOWEVER, WHEN SHE MOVED IN SHE WAS INFORMED SHE WAS 134- 25 SAL RENTING AN APARTMENT AND WOULD HAVE A ROOMMATE. SINCE THAT 134- 25 SAL TIME SHE WAS TOLD SHE IS SHARING THE RESTROOM AND HAS OTHER 134- 25 SAL PEOPLE USING HER KITCHEN. MR ARNOLD WILL NOT PUT A LOCK 134- 25 SAL ON THE APARTMENT DOOR. 134- -- --------------------------------- 34--- -------------------------------- --------------- officer's signature date Mar`06 08 12:01p Officer-In-Charge 978-740-5180 p.4 03/06/08 11:44 SALEM POLICE DEPARTMENT PAGE: ! 1 v5 . 5n INCIDENT REPORT TTYRO121 -134 shift: B date: 03/05/08 WEDNESDAY org/1st ----------------------- ------------------- ----- --------------------------------- ********** C 148 DISPUTE LANDLORD TENANT **rcv*clr* 15 :02 * 10 LINDEN ST apt : 003 1 SAL 148148 503030 * LANDLORD TENANT DISPUTE 52; * ID # : 8733 145-134 ARNOLD, WILLIAM C 07/04/59 10 LINDEN ST SALEM, MA 01970 Invo: TURMANNE, MARIE 02/19/62 10 LINDEN SALEM,MA 01970 *** UNITS) *** 25 * SAL P PTL T PELL 145-145 r> 15 : 02 d> 15 : 02 a> 15 : 05 C> 15: 09 k> h> ESX SAL P PTL B STPI 145-145 r> 15 : 02 d> 15 : 02 a> 15 : 05 C> 15 : 09 k> h> *** COMMENTS *** 25 SAL 15: 02 :18 CD-148-LANDLORD TENANT DISPUTE 145- 25 SAL 15 : 05 :46 OUT 145- 25 SAL 15 : 09 :58 CLEAR NO PROBLEM 145- 25 SAL WILLIAM ARNOLD PHONED POLICE TO ADVISE THEM THAT HE SENT 134- 25 SAL HIS TENANT, WHITEHEAD, TO DISTRICT COURT TO REQUEST A 209A 134- 25 SAL AGAINST HIS ROOMMATE TURMANNE. THIS OFFICER OBSERVED A 134- 25 SAL BOARD SCREWED INTO THE DOOR LOCATED DIRECTLY NEXT TO THE 134- 25 SAL GARAGE. MR ARNOLD STATED IF HE GETS IN TROUBLE FOR 134- 25 SAL ILLEGAL EVICTION THAT' S FINE. HE STATED HE WAS NOT GOING TO 134- 25 SAL ALLOW TURMANNE BACK INTO THE HOUSE. THE FIRE DEPT *AAS AWARE 134- 25 SAL OF THE BOARD. MR ARNOLD POINTED OUT TO THIS OFFICER THAT 134- 25 SAL THERE WERE SEVERAL OTHER WAYS FOR HIS TENANTS TO EXIT THE 134- 25 SAL BUILDING. 134- 25 SAL 134- HSE SAL THE ABOVE TURMANNE CAME TO THE SATION AT 0245 HRS ON 3/6/08 87 -87 HSE SAL AND REPORT THAT SHE WAS LOCKED OUT OF THE APARTMENT BY HER 87 - HSE SAL LANDLORD. MS TURMANNE WAS ADVISED OF THE REPORT THAT WAS 87 -87 HSE SAL FILED ON 3/5/08 AND WAS FURTHER ADVISED ON THE PROCESS THAT 87 - HSE SAL SHE WAS ENTITLED TO PURSUE THROUGH HOUSING COURT AGAINST 87 - HSE SAL ARNOLD. TURMANNE WAS FURTHER ADVISED THAT HER VISIT TO THE 87 - HSE SAL STATION WOULD BE DOCUMENTED VIA THIS REPORT. 87 - I ---------------------- -- --- -------- ----------- ---- officer' s ----------------- -- -- --- ------- officer' s signature date Ii CRIMINAL COMPLAINT DOCKET NUMBER NO.OF COUNTS Trial Court of Massachusetts ito , E COPY 0736CRO01107 1 District Court Department F7 DEFENDANT NAME&ADDRESS COURT NAME&ADDRESS William C Arnold Salem District Court 10 Linden Street 65 Washington Street SALEM, MA 01970 Salem, MA 01970 (978)744-1167 DEFENDANT DOB COMPLAINT ISSUED DATEOFOFFENSE ARREST DATE 07/04/1959 04/13/2007 04/02/2007 OFFENSE CITY/TOWNOFFEN �bSE ADDRESS NEXT EVENT DATE p� Salem 06/01/20079:00 am N 1�6ONS POLICE DEPARTMENT POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT Salem Gam• Arraignment OBTN , ROOM/SESSION Arraignment Session The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the defendant committed the offense(s)listed below and on any attached pages. COUNT CODE DESCRIPTION 1 140/24 LODGING HOUSE, UNLICENSED 040§24 On 04/02/2007 did conduct a lodging house without a license,in violation of G.L.c.140,§24. PENALTY:imprisonment not more than 3 months;or not less than$100,not more than$500;or both.§32:CLERK-MAGISTRATE MUST REPORT CONVICTION TO THE MUNICIPAL LICENSING AUTHORITIES. SIGNATURE OF COMPLAINANT SXORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP.ASST.CLERK DATE X NAME OF COMPLAINANT ATRUE' CLERK-MAGISTRATFJASST.CLERK DATE COPY " ATTEST.: x Dale?me PnnWd.M-13-MO710.10:49 Vm20-1M6 s ORIGINAL No. A l 040 of ifttent I� `. (Offire of 3naprrtor of Buildings ` nm+E n 1 City Mall, %'v^X -7 19 PerTission is hereby given to �� F at No. o X-tt- L Street, Ward in aordance with an application on file in this office, and subject to the provi- ¢As of Elie ordinances and statutes in relation to the Inspector and Construction `bf Build iags in the City of Salem `,,Inspector Ouildings. r P33 8C 13-14-54 - F - _ i a City of Salem, Massachusetts Fire Department 48 Lafayette street Rpbert W.Turner Salin Massachusetts 01970.3695 Mef V 978-744-1235 Ere Tremnuoi 97&744-6-9.90 y'aX 978-745-4646 fureau 97&745--7777 RECORD OF COMPLAINT DATE: /d `�y- © � RECEIVED BY: SUBJECT: X 2 E C e b E Vz G CAT//en1 S LOCATION i /© L /•u t7= s T'- COMPLAINT BY: 1 7— AD DRESS —ADDRESS : NARRATIVE: �� '/ i�E Cant3lr uG Te f9 Z" i t <9C s9 :1 i9 G��� 2©n-•. 2u Tlf� l�9SE� EJ /_ _�L___ ���i9lLc �h r20orz•S s z Z`/ 2 e oaf) . 2-7- 444-2 RAUe f DA. AQ SITE INSPECTED BY: DATE- COMMENTS - REFERRED ATE°COMMENTS -REFERRED TO: SIGNED : Form #so (revised 7/97) City of Safem, .Massachusetts Fire (Department Da7nd''GV. Cody 48 Laffayette Street FPreventionirPrevention�Hureau Chief Salem, Wassachusetts 01970-3695 29 Tort Avenue 978-744-6990 Te1978-744-1235 7e(978-745-7777 dcody@salem.com (FaZ978-745-4646 Ea)C978-745-9402 VIOLATION NOTICE Residence Friday March 14, 2008 010 Linden Street Salem, MA 01970 An inspection of your facility on Thursday March 13, 2008 revealed the violations listed below. ORDER TO COMPLY: Since these conditions are contrary to law, you must correct them upon receipt of this notice. An inspection to determine compliance with this Notice will be conducted on at / / If you fail to comply with this notice before the reinspection date listed, you may be liable for the penalties provided for by law for such violations. Violation Code Article Division Page Count 148.26F 1/2 Carbon Monoxide Detectors 0 0 C 0 Detector needs to be placed on third floor within 10 feet of the bedroom closest to the living room. Every dwelling, building or structure, including those owned or operated by the commonwealth, occupied in whole or in part for residential purposes, that: (1) contains fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms in conformance with the requirements of the board of fire prevention regulations; provided, however, that such requirements shall include, but not be limited to, a requirement that a landlord or superintendent shall install either approved monitored battery-powered alarms or approved electrical wiring alarms as defined by the board, as are required to make the alarms operational at the beginning of any rental period by lease or otherwise and shall maintain and, if necessary, replace batteries or such battery-operated or electric hardwired carbon monoxide alarms annually thereafter to insure their continued 03/14/2008 16:25 Page 1 city of Safem, Massachusetts Fire Department 48 Laffayette Street �a`V7�� Cody 48 2revention bureau Chief Safem, Massachusetts 01970-3695 29 cFort Uenue 978-744-6990 7eC978-744-1235 7eC978-745-7777 dcody@safem.com (Fax978-745-4646 `F'xX.978-745-9402 VIOLATION NOTICE Residence Friday March 14, 2008 010 Linden Street Salem, MA 01970 operability 1.06.2 Maintenance of Fire Protection Equipment 1.06 2 0 0 Wrong type detectors used. Smoke detectors must be Photo Electric not Ionnization type. Smoke detectors have been removed from some areas. 2 smoke detectors in the garage area have no power to them. Do not work. The owner, tenant or lessee of every building or structure shall be responsible for the care and maintenance of all fire protection systems, including equipment and devices, to insure that safety and welfare of the occupants . Fire protection systems shall not be disconnected or otherwise rendered unserviceable without first notifying the fire department. Where required fire protection systems are temporarily out-of service for maintenance or repair, the owner, tenant or lessee shall immediately advise the fire department and shall diligently prosecute the restoration of the protection. A fire permit may be required depending on the extent and length of time the system is out-of-service pursuant to M.G.L. c. 148, § 27A. Installation of, or modification to, any automatic fire protection system shall require a permit from the head of the fire department. 10.03.5 Materials storage 10.03 5 0 0 Flammable paint storage in cellar needs to be in a metal approved cabinet. Materials Storage. (a) General. The storage of combustible or flammable material shall be confined to approved storage areas. (b) Permit required: A person shall not store in any building or upon any premises in excess of 2, 500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers; or rubber tires, baled 03/14/2008 16:25 Page 2 pity of Salem, 914assachusetts (Fire Department 48 Laffayette Street �Da'vid'W. Cody Fire 2revention bureau Cfiief Sarem, WassacFiusetts 01970-3695 29 Tort Avenue 978-744-6990 Ter978-744-1235 Te[978-745-7777 dcody@sakm.com Ear,978-745-4646 `Fax 978-745-9402 VIOLATION NOTICE Residence Friday March 14, 2008 010 Linden Street Salem, MA 01970 cotton, rubber, cork or other similarly combustible material without having obtained a permit from the head of the fire department. (c) Inside storage. Storage in buildings and structures shall be orderly, shall not be within two feet of the ceiling, and shall be located so as not to obstruct egress from the building. (d) Outside storage. The outside storage of combustible or flammable materials shall not be more than 20' in height and shall be compact and orderly. Such storage shall be located as not to constitute a hazard and not less than 25 ' from any other building on the site or from a lot line. 148.28.A Violation of Building Code 148 28.A 0 0 City of Salem Electrical Dept. to be notified of open electrical panels and open exposed wiring. A hazard likely to cause a fire. The head of the fire department or any person designated by him who, in the performance of his official duties, observes any condition which he believes to be a violation of any provision of the state building code or any amendments thereto, shall report the same to the authority charged with the enforcement of such provision. a X Holloran, Sr. , Charles R Inspector Occupant/Owner 03/14/2008 16:25 Page 3 . CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ No REFERRAL FOR.tit Cons. Comm. Yes ❑ N( SRA Yes ❑ Ni Date: Address: 4;n / Complaint: Complainant: QL ✓ Phone#: Address of Complainant: ; N KEVIN HARVEY FIRE PREVFNTION I EI F(- ICAL DEPARTMENT Ai.TH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TRFASURFRICOLLECTOR I ASSESSOR WARD .O N LOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE .-,,BONE REFERENCED COMPI_-�.l_NT AIND RESPOND TO DAVE WITHIN 02E WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes C No C REFERRAL FORb1 Cons. Comm. Yes 0 No C SRA Yes C No c Date: Z2 l L Address: 4- Complaint: --7'—f-,:i r L-1 _ • Complainant: Phone#: Address of Complainant: /1§UILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION ELECTRICAL DEPARTMENT /�MALJH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL I SALEM HOUSING AUTHORITY PLANNING DEPARTMENT I POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD OIJNCTT LOR DPW SHADE TREE DAN G FARY PLEASE CHECK THE .-ABOVE REFERENCED .COMPLA-INT AND RESPOND TO DAVE SI WITHIN QUEWEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: CITY OF SALD,I " NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes 0 NO C REFERRAL FORM Cons. Comm. Yes cl NO C SRA Yes ❑ NO t Date: �/7 /6l Address: �r'n Complaint: ( L� /%his i3 �' Compiainant: .✓ Phones: Address of Compiainant: ; NSPFCTOR KEVIN HARVEY FIRE. PREVENTION ELECTRICAL DEPARTMENT 4 A LTH DEP-ARl= CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PT A NNI G DFP A RTMENT I POI,TCF DEPARTMENT TREASURER/COLLECTOR I ASSESSOR WARD COUNCILLOR DPW SHADE TREE I DAN GEARY PLEASE CHECK THE .-ABOVE REFERENCED COMPL-%iNT . IND RESPOND TO DAVE SE WMIIN OGEE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: RGCL'RRAL CORNI Utile: Address: Complain(: i2 !/"fG'_�to ✓S/�ii'T iS v� ,O! �� . �i.�/ /f/ar{�G /�csS� —�p a Complainanl: fry vivyhlou� I'hvneN: Address of ('omplainanl: IDA--VID SIIEA. CHAIRMAN KEVIN HARVEY - — BULL INC; INSI' R�,�� �'-WQFJtIc'AL DEPAR'IFN 'NII I N _ll;Is I'REVEN"['ION —` CITY SOLICITOR — HEAL"I'll DEPARTMENT' -ALEM I IOUSING AU"1'IIOR i 't' 4 2:::: ANIMAL CONTROL LO LICE UEI'AIZ'1'MfNT _ cti�� oma` si�,EeS s/cs , PUNNING UEPARI"MEN"I SSESS( 'R 1_RIASURER/COLLECTOR DPW WARD COUN 'ILL R DAN GI .\WY SHADE TREE PLEASE CI[GCK THE ABOVE REFERENCED COMPLAIN I' AND RESPOND ] DAVE SIIEA WITIIIN ONE WEEK. -111ANK YOU FOR YOUR A.`:SISTANCE. ACTION: l NEIGIIIIOWWoD IMPROVEMENT TASK FORCE h, REFERRAL FORM 3 Dale: j Address: --_- �0 �/�yt — Complaint: �_�la.✓SfirTiS ov f�^��� . / .� aT�-y 1� ;� —�-�t ��Yr✓���� `y � G�2 P `�l/oma /� �i J � � ./�� - ��vi S� Complainant: — Address of C'omplainanl: 1 DAVID SS!IEA. CIIAIRMAN EV! {IARVEY BUILDING INSI' R��� LUC'II wAL DEPAR7_h1GIJ l — Ux j. N -EIRE PREVENTION —�� � CITY SOLICITOR / IIFALTtI DEPAR'I MEN'1' ALEM I IOUSING AUI'HOKI'I 'r_ ANIMAL CONTROL POLICE DEPARTMENT Chi 4� o sti9�eS S/cs dl�Ee 'ICY/ PLANNING DEPARTMENT ASSESS( !t — / v1Z ASUREIMOLLECTOR 2 DPW -- v /ryvya,A/C r,9 Z 2j — WARD COUN 'ILLOR DAN GE;\RY SIMIA DE-TREE PLEASE CIIECK TI IF, ABOVE REFERENCED COMPLAIN I AND RESPOND 'f(1 DAVE SHEA WHIM ONE WEEK. THANK YOU FOR YOUR A:�SISTANCE. ACTION: __ R E _>%,� NONCONFORMITY SALEM ZONING ORDINANCE Art.VIII, §8.F I of the lots do not meet the requirements for increased in height, except as provided £m lot width and area as established by this in section 8-6. However, if such structure ordinance, the lands involved shall be con- used for single- or two-family residential sidered to be an undivided parcel for the purposes can be enlarged or altered in con- purpose of this ordinance, and no portion of formity with the lot coverage, front yard. said parcel shall be used or sold which does side yard, rear yard and distance require- not meet lot width and area requirements ments of Table I of Article VI,said enlarge- established by this ordinance,nor shall any ment or alteration shall not be deemed an division of the parcel be made which leaves increase in the nonconformity of the struc- remaining any lot with width or area below ture and permissible even though the lot the requirements stated in this ordinance. area and lot width are nonco Sec. 8.3. Nonconforming use of land. (2) hou such structure be destroyed by any means to an extent of more than fifty (5o) Where use of land exists that is made no longer percent of its replacement cost or more than permissible under the terms of this ordinance or fifty(50)percent of its floor area at the time amendment,such use may be continued so long as of destruction,it shall not be reconstructed it remains otherwise lawful, subject to the fol- except in conformity with the provisions of lowing provisions: this ordinance. (1) Such nonconforming use shall not be en- (3) Should such structure be moved for any larged, increased or extended to occupy a reason for any distance whatsoever,it shall greater area of land than was occupied at thereafter conform to the regulations for the effective date of adoption or amend. the district in which it is located after it is ment of this ordinance. moved. (2) No such nonconforming use shall be moved in whole or in part to any other portion of Sec. 8.5. Nonconforming use of structure. the lot or parcel occupied by such use at the If a use of a structure or a structure and pre. effective date of adoption or amendment of mises in combination exists that would not be al- this ordinance. lowed in the district under the terms of this ordi- (3) Ii any such nonconforming use of land is nance or amendment, the use may be continued discontinued for any reason for a period of so long as it remains otherwise lawful, subject �u twelve (12) consecutive months, any subse. the following provisions: quent use of such land shall conform to the (1) No existing structure devoted to a use not regulations specified by this ordinance for permitted by this ordinance in the district the district in which such land is located. in which it is located shall be enlarged, ex- tended, constructed, reconstructed, moved Sec. 8.4. Nonconforming structure. or structurally altered, except in changing Where a structure exists which could not be the use of the structure to a use permitted built under the terms of this ordinance by reason in the district in which it is located. of restrictions on area, lot coverage, height, yard (2) .Any nonconforming use may be extended dimensions, or other characteristics of the strut- throughout any parts of a building which ture or its location on the lot, such structure may were manifestly arranged or designed for be continued so long as it remains otherwise such use at the time of adoption or amend- lawful, subject to the following provisions: ment of this ordinance,but no such use shall (1) No such structure may be enlarged or al. be extended to occupy any land outside such tered in a way which increases its noncon- building. formity, except as provided for in section (3) On any building devoted in whole or in part 8-6. In addition, such structure may not be to any nonconforming use, work may be 51 i JOSEPH A. MACDONALD ATTORNEY AT LAW 40 SOUTH STREET SUITE 105 MARBLEHEAD, MASSACHUSETTS 01945 TELEPHONE (781)639-4333 FACSIMILE (781)63911441 November 1, 2002 SENT BY CERTIFIED MAIL Joseph Barbeau 48 School Street Salem,MA 01970 RE: RE: William Arnold v. Nina Cohen et. al. Essex Superior Court No.: 2-1963A Dear Mr. Barbeau: Puruuant to M.G.L c. 40A Sec. 17, please find enclosed a copy of the Complaint and Notice filed in connection with the above-entitled matter. Thank you for your consideration in this matter. AAeyM(/a/c(J[D/Jronald JAM/sbm enc. cc: William Arnold Certified Mailing No.: 7lpo Z qt'0 Doo 3y6)_ l �, COMMONWEALTH OF MASSACHUSETTS ESSEX,SS SUPERIOR COURT DEPARTMENT C.A. NO.: WILLIAM ARNOLD ) Plaintiff ) V. ) ) NINA COHEN,NICHOLAS HELIDES, ) STEPHEN HARRIS,JOSEPH BARBEAU ) AND BONNIE BELAIR, as members of the CITY ) OF SALEM ZONING BOARD OF APPEALS. ) COMPLAINT PURSUANT TO M.G.L.C 40A SEC. 17 INTRODUCTION 1. Plaintiff, William Arnold, appeals, pursuant to M.G. L. C. 40A Sec. 1.7, a decision of the Board of Appeals of the City of Salem, which was filed with the Salem City Clerk on September 25, 2002, in which the Board,while allowing the Plaintiff's request for a special permit to construct a garage and addition on the property situated at 1.0 Linden Street, Salem,Essex County,Massachusetts, placed several conditions upon the issuance of the special permit. PARTIES 2. The Plaintiff, William.Arnold,resides at 10 Linden Street, Salem, Essex County, Massachusetts and is the original applicant for zoning relief referred to in this complaint. 3. Defendants Nina Cohen,Nicholas Helides, Stephen Harris,Joseph Barbeau and Bonnie Belair are and have been at all times relevant to this complaint members of the Board of Appeals of the City of Salem ("the Board"), which is a duly constituted body charged with the responsibility of serving as a Board of Appeals under the provision of Massachusetts General Laws, Chapter 40A. , 4. The residential addressees.of the Board members are as follows: Nina Cohen, 22 Chestnut Street, Salem, Essex County, Massachusetts; Nicholas Helides, 20 Central Street, Salem,Essex County, Massachusetts; Stephen Harris, 148 North Street, Salem, Essex County,Massachusetts; Joseph Barbeau, 48 School Street, Salem,Essex County, Massachusetts; and Bonnie Belair, 113A Federal Street, Essex County, Massachusetts. FACTUAL ALLEGATIONS 5. At all times material hereto, the Plaintiff has requested relief from the City of Salem Zoning By-Law in order to construct an addition and garage at 10 Linden Street, Salem, Massachusetts. 6. On September 18, 2002 a hearing was conducted before"the Board"regarding the Plaintiff s request for relief. By an unanimous vote, the Board granted the relief requested. 7. On September 25, 2002, the decision of the Board was filed in the office of the City Clerk. (A certified copy of the Board's decision is attached hereto). 8. In its decision, the Board placed conditions upon its grant of the special permit to the Plaintiff. The Board conditioned the grant of the special permit on the order that no trucks or commercial vehicles could be parked on the premises and that no commercial or office space could be maintained on the premises. 9. The decision of the Board in conditioning its granting of the special permit exceeds the authority of the Board, is based on legally untenable grounds, is unreasonable, arbitrary and capricious, and had an insubstantial basis in fact. 10. The Plaintiff, therefore, is aggrieved by the decision of the Board. 11. As a direct, proximate and foreseeable result of the Board's decision to place conditions upon its granting a special pennit allowing the Plaintiff to construct a garage and an addition onto the premises at 10 Linden Street, Salem,Massachusetts, the Plaintiff has been damaged. WHEREFORE, the Plaintiff prays that this Honorable Court, pursuant to the provisions of M.G.L. c 40A Section 17 and the Court's general equity power: (a) Enter an order annulling so much of the decision of the Board that places the conditions that no truck or commercial vehicle be parked on the premises and that no office space be located on the premises. (b) Grant such other relief as this Honorable Court may deem proper and just. Plaintiff, William Arnold by his attorney, Michael M. McArdle Munroe & McArdle 40 South Street Suite 105 Marblehead, MA 01945 (781) 639-4440 BBO#326580 Joseph A. MacDonald 40 South Street Suite 105 Marblehead, MA 01945 (781) 6394333 BBO#553265 Dated: October 15,2002 rcoru CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL - !A III\ t� 1 r{�y 120 WASHINGTON STREET, 3RD FLOOR ". '`+-vut vo SALEM, MA 01970 � �Afct�nn�e TEL. (978). 745-9595 FAX (978) 740.9846 STANLEY J. USOVICZ, JR. 7 9 -"` c r: C MAYOR C111J1. ` DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 A hearing on this petition was held on September 18,2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Joseph Barbeau and Bonnie Belair. 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 requests a Special Permit to construct a garage/addition per Section 8-6 and 8-4 of the Zoning Ordinance for the property located at 10 Linden Street located in a R- 1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF WILLIAM ARNOLD REVESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 page two 1. Petitioner's William Arnold and his wife are the owners of a three family house at 10 Linden Street. They wish to build an addition including new garage with second floor living space. Mr. Arnold stated that he is a carpenter/contractor in the home improvement business, renovating homes in the surrounding communities. He does not wok out of any part of his home. He stated that he would not use the space created by the new addition to operate his business. Instead he seeks to expand the living space available to his growing family. 2. Petitioner owns and operates several large commercial vehicles tin connection with his business, which include a flatbed truck, a UPS panel type truck and a cherry picker. Commercial vehicles of this type may not be parked overnight in the residential districts under City Ordinances 3. Because of opposition to the proposed addition on the part of David Guy of 7 Linden Street and other neighbors, Ward Councillor Kim Driscoll negotiated a draft letter of agreement, memorializing the neighbors reservations regarding the granting of the Arnold's petition. The letter proposed conditioning the granting of the Special Permit upon the Arnold's agreement to five conditions, including not parking any commercial vehicles on the property or the street, and not operating the business at the residence. The Arnolds did not oppose the conditions set forth in the Driscoll letter. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector.. DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 page three 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4, Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Addition shall be use for residential living space. 8. No commercial or office space at the promises. 9. There shall not truck or commercial vehicles parked on premises. 10. Property shall be restricted to use as a 3 family structure and construction of addition shall be completed in a timely manner. SPECIAL PERMIT GRANTED September 18, 2002 Nina Cohen, Chairman Board of Appeals 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded' So th Essen Registry:of;Deeds and i.11l;I,exed under the name of the owner of record or is recorded and noted on the owner'stCertificate of Title. Date O C T 5 2002 3 ¢; 1 hereby certify that 20 days have expired from the date this instrument was recelved, and that NO APPFA'._ t s; been filed In this Office. �9 ' F A True Copy _. ATTEST._CI11 _ -- °r,, Salerit�"Masa. COMMONWEALTH OF MASSACHUSETTS ESSEX,SS SUPERIOR COURT DEPARTMENT C.A. NO.: WILLIAM ARNOLD ). Plaintiff ) H � N Cn- v. ) cn ro M NINA COHEN,NICHOLAS HELIDES, STEPHEN HARRIS, JOSEPH BAR-BEAU ) �r AND BONNIE BELAIR, as members of the CITY ) �3 OF SALEM ZONING BOARD OF APPEALS. ) y' rn3 D NOTICE OF APPEAL TO: Deborah E. Burkinshaw, City Clerk City of Salem City Hall 93 Washington Street Salem, MA 01970 In accordance with M.G.L. c 40A Section 17, please advised that the above- captioned action has been filed on October 15, 2002, in the Essex County Superior Court of the Trial Court, appealing a decision of the Board of Appeals of the City of Salem, in which the Board granted the Plaintiff's application for a special permit to construct an addition and garage at 10 Linden Street, Salem,MA, but placed conditions upon the special permit. A copy of said Complaint accompanies this Notice. Michael M.McArdle Munroe &McArdle 40 South Street Suite 105 Marblehead,MA 01945 (781) 639-4440 BBO#326580 Dated: October 15, 2002 C{ 1, cu CITY OF SALEM, MASSACHUSETTS y BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 1091114 FAX (978) 740-9846 r STANLEY J. USOVICZ, JR. ~ lO' 08 ; MAYOR DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED ATAD-LINDEN-STREET--, A hearing on this petition was held on April 24, 2002 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Stephen Harris, Nicholas Helides and Joan Boudreau. 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 Ruling for the extension of a non-conforming structure for the property located at 10 Linden Street. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioner, William Arnold owns and occupies a three-family residence at 10 Linden Street in Salem, in a two-family zoning district. His property is non-conforming both as to use and as to side and rear setback requirements, lot size and lot area per dwelling unit. 2. Recently, Mr. Arnold applied for a building permit to construct an addition, which he intends to use as a garage and living area for the existing units. The proposed addition would extend the footprint of the existing building within the current setback, density and parking requirements of the Zoning Ordinance. 3. The Building Commissioner granted Mr. Arnold's application for a building permit, and he began construction, completing work on the foundation. 4. Subsequently, the Building Commissioner issued a stop work order and informed Mr. Arnold that before any work could proceed on the proposed addition, he must obtain a special permit from the Salem Zoning Board of Appeal. The Building Commissioner based his order upon an opinion issued by the City Solicitor for the City of Salem, dated March 28, 2002, a copy of which is attached to this decision and is incorporated by reference within it. 5. The issued before the Board of Appeal is whether the Building Commissioner acted correctly in ordering Mr. Arnold to stop work on the proposed addition, pending a determination by the ZBA that a special permit may issued? CIT(�Y�p�F SA ti DECISION OF THE PETITION OF WILLIAM ARNOLD FOR AN ADMINISTRATIVE ' S OFCE A RULING FOR THE PROPERTY LOCATED AT 10 LINDEN STREET page two IV t 6. Section 9-3 of the Salem Zoning Ordinance gives the powers and duties oft �aald,q Q O8 of Appeal. In subsection (e), the Ordinances provides for the issuance of decisions on administrative appeals: (e) The concurring vote of four (4) of the members of the Board of Appeals shall be necessary to reverse any order or decision of the Inspector of Buildings or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation in the application of this ordinance. 7. The Board of Appeal heard testimony from Mr. Arnold, who opposed the issuance of The stop work order, and from Councillor Kimberly Driscoll, Ward 4, who argued in favor of the statutory interpretation set forth in the opinion of the City Solicitor. Where a nonconforming structure and multifamily use exist in a residential neighborhood, Ms. Driscoll urged the board to adopt the rule that a petitioner must obtain a Special Permit before making any alteration to the structure or the use. 8. The Board of Appeal also heard from an abutter, David Guy of 7 Linden Street, supporting the foregoing comments, arguing that the Board of Appeal should obtain input form the neighborhood prior to approving any change to an existing nonconforming use and structure. Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for a Stop Work Order and support John Keenan's opinion and voted 5-0 in favor of Mr. Arnold returning to the Board of Appeal with an application for relief. ` Nina Cohen 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 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. ���oxuITA�Q CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL f n 31 120 WASHINGTON STREET, 3RD FLOOR ` a�. Ilit a. SALEM, MA 01970 �s9 TEL. (978).745-9595 e�mrsW FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 A hearing on this petition was held on September 18,2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Joseph Barbeau and Bonnie Belair. 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 requests a Special Permit to construct a garage/addition per Section 8-6 and 8-4 of the Zoning Ordinance for the property located at 10 Linden Street located in a R- lzone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: r DECISION ON THE PETITION OF WILLIAM ARNOLD REVESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 page two 1. Petitioner's William Arnold and his wife are the owners of a three family house at 10 Linden Street. They wish to build an addition including new garage with second floor living space. Mr. Arnold stated that he is a carpenter/contractor in the home improvement business, renovating homes in the surrounding communities. He does not wok out of any part of his home. He stated that he would not use the space created by the new addition to operate his business. Instead he seeks to expand the living space available to his growing family. 2. Petitioner owns and operates several large commercial vehicles tin connection with his business, which include a flatbed truck, a UPS panel type truck and a cherry picker. Commercial vehicles of this type may not be parked overnight in the residential districts under City Ordinances 3. Because of opposition to the proposed addition on the part of David Guy of 7 Linden Street and other neighbors, Ward Councillor Kim Driscoll negotiated a draft letter of agreement, memorializing the neighbors reservations regarding the granting of the Arnold's petition. The letter proposed conditioning the granting of the Special Permit upon the Arnold's agreement to five conditions, including not parking any commercial vehicles on the property or the street, and not operating the business at the residence. The Arnolds did not oppose the conditions set forth in the Driscoll letter. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1 page three 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Addition shall be use for residential living space. 8. No commercial or office space at the promises. 9. There shall not truck or commercial vehicles parked on premises. 10. Property shall be restricted to use as a 3 family structure and construction of addition shall be completed in a timely manner. SPECIAL PERMIT GRANTED September 18, 2002 Nina Cohen, Chairman Board of Appeals 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. iT Y-, r �n- iV ci I U o ( �LGL� -,41-,4) I QM0 - rn Cdr � I � ( l -- --; _ . _ _ - _ t I_ I _ ". I i i �I � I 1 i � � � � I � i � i � � � I � � � � �� � � � � ' i II