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10 LINDEN STREET - BUILDING INSPECTION �� e i ot ��. P ho i L S� 8� ► V Lt tv CJS S 5" 2c T�'n"I -14 A 5Pz c�c7 F- c�wov�—Pig PLS ps c ca�, PIC r y 4�0 mak;res fly;� �. „ . • - BOARD OF APPEAL 120 WASHINGTON STREET, 3R15'FL66R ww SALEM, MA 01970 TEL. (978).745-9595 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 Halides, 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 REUESTING 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 J C� 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. r co CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 s TEL. (978) 745-9595 FAX (978) 740.9846 STANLEY J. LISOVICZ, JR. 'y ")- C 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- 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 i o .; 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. p f 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 ,A\ September 18, 2002 ✓V�ZG�- 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, that is has been dismissed or denied is filed, or that, if such appeal has been 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. t; I' APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT f of% District Court Department 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: Satem D25tr2E!Curt / 65 Washington Strast P�ONLY MISDEMEANOR(S), I request a hearing EI WITHOUT NOTICE because of an imminent threat of S; Om. Ill 01970 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. ❑ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WA,RRANT is requested because prosecutor represents that accused may not appear unless arrested. p HAS iCl HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER W,, 0 11 Vii' l,ry 0 r(.t' PCF NO. MARITAL STATUS JO -t(" e e DRIVERS LICENSE NO. STATE Sri 0 1 GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKSITATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYERISCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) F ., •- • „,.:.: ,. COMPLAINANT NAME/1FIPST MI LAST) f // COMPLAINANT TYPE /f PD 7%4 y`�" ❑ POLICE El CITIZEN Z OTHER -off ADDRESS PLACE OF OFFENSE f �/ INCIDENT REPORT NO. OBTN CITATION NO(SI. OFFENSE CODE � i' DESCRIPTION OFFENSEDATE rr y( -7/ 7/09 7/ { n .! —y,V- VARIAB S :g.victi_fi name,tcbn�led substance,type and value o/property.other variable information;see Complaint Language Manual) 1 �,� h-tPi OFFENSE°CODE t'.r`� DESCRIPTION OFFENSE DATE 2 VARIABLES"` OFFENSE CODE r-+ DESCRIPTION ��:- OFFENSE DATE 1 3 - a* VARIABLES p,,�Ri y�) eiM1W6 a REMARKS COM N PS SI A r,0i '� DATF16EpDJ XJ COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DgTE OF HEARING _STIIMEvOF HEARING C 11� w A COURT USE ONLY 10 WILL BE HELD AT THE ABOVE COURT ADDRESS ON} �..(' '� r: iY. AT� DCCR-2(08104) COMPLAINANT'S COPIV APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of I District Cou De,)tp�aarrtment I,the undersigned complainant, request that a criminal complaint issue against the accused charging the „gyral 2}.!9 ( . oofffense(s) listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: 65 Washington;street [XONLY MISDEMEANOR(S), I request a hearing El WITHOUT NOTICE because of an imminent threat of Salem, MA- O`s,S79 ❑ BODILY INJURY ❑ COMMISSION OF ACRIME ❑ FLIGHT ❑ WITH NOTICE to accused. ❑ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ED WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER PCF NO. MARITALSTATUS (' F e' Y/ ( r, 4— DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EVES �i 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) COMPLAINANT NAME(FIRST MI LAST))' / COMPLAINANT TYPE, ,w PD l y/ LJ POLICE Ll CITIZEN !cs OTHER ADDRESS �%" PLACE OF OFlFENSE r. ,{ INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE COD DESCRIPTION OFFENSE DATE f VARIABLES(e.g.victim name,controlled substance,type andvalue of property.other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIP, ION ,� OFFENSE DATE ILl < =•`z cat/ ` _, ., %. fry ' Ii' 'r:. , , f'{, ,. ^(! .< F A< 2 VARIABLES_ ) / 11 E NSE CODE DESCRIPTION OFFENSE DATE BLES ' n REMARKS e COM P Vd-NAN7 MPd-NANT SIGNATURE �„ DATE FILED 9 COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE F HEORING J�,� TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON} �Jt)� AT/ r 6rIL E DOCR-2(roo.) COMPLAINANT'S COP'YI 05/23/08 09 : 19 SALEM POLICE DEPARTMENT PAGE: 1 v5 . 5n INCIDENT REPORT TTYR054 -122 shift : B date : 05/23/08 FRIDAY org/1st ------------------ -------------------------------------------------------------- ********** C 911 PARKING COMP-GENERAL **rcv*clr* 08 : 35 * 0 LAUREL ST SAL 911 911 509580 * COMERCIAL VEH. PARKED IN RESD. AREA. 51 * ID # : 18008 101-122 ARNOLD, WILLIAM C 07/04/59 10 LINDEN ST SALEM,MA 01970 *** UNIT (S) *** 30 * SAL P SGT BERUBE 101-122 r> 08 : 35 d> 08 : 35 a> 08 : 35 c> 08 :47 k> h> *** COMMENTS *** 30 SAL 08 : 35 : 44 CD-911-COMERCIAL VEH. PARKED IN RESD. AREA. 101- 30 SAL 08 :47 : 05 CLEAR, TAGGED. 101- 30 SAL THIS SERGEANT (BERUBE) DID OBSERVE WILLIAM ARNOLD' S 122- 30 SAL YELLOW 1998 CHEVROLET P30 WITH MASS COMMERCIAL PLATES 122- 30 SAL L68477 PARKED IN A RESIDENTIAL AREA; TO WIT: LAUREL ST. 122- 30 SAL THIS OBSERVATION WAS MADE AT 0835HRS ON 5/23/08 . THIS 122- 30 SAL VEHICLE WAS ALSO PARKED ON A SIDEWALK. THE VEHICLE WAS 122- 30 SAL SUBSEQUENTLY TAGGED FOR PARKING ON A SIDEWALK. THIS 122- 30 SAL REPORT WAS FORWARDED TO BUILDING INSPECTOR THOMAS ST.PIERRE 122- 30 SAL AS ARNOLD WAS ORDERED NOT TO PARK HIS COMMERICIAL TRUCK 122- 30 SAL IN A RESIDENTIAL AREA BY THE BUILDING INSPECTOR. 122- 30 SAL - 122- 30 SAL ST PIERRE ALSO OBSERVED THIS VIOLATION AT 0705HRS THIS 122-122 30 SAL MORNING. 122-122 30 SAL - 122- 30 SAL OF NOTE: WHILE THIS SERGEANT WAS TAGGING THIS VEHICLE FOR 122- 30 SAL THE SIDEWALK VIOLATION, AN UNKNOWN NEIGHBOR YELLED OUT 122- 30 SAL HIS WINDOW TO THANK ME. THIS NEIGHBOR STATED THIS VEHICLE 122- 30 SAL IS ALWAYS ILLEGALLY PARKED. 122- --------------- -------------------- --------------- officer' s signature date a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT hipIµI ltJ.FY DIt[SO 01.1. MA: at 120 Clh�q-uhcroN tinRFI r+ ti:�i.i;ni.NLAssncn�si>ri:e 019-,0 978-7 15-9595 ♦ ['AS978-740-98-16 FILE COPY February 13, 2008 William C. Arnold 10 Linden Street Salem, MA 01970 RE: Building Code Violation Dear Mr. Arnold; It has come to the attention of this office that you have not had a valid Construction Supervisors License since 2002. Therefore any Permits you pulled since then, including the Permit for your house are not valid. You are directed to Cease any work until a valid Construction Supervisors License is presented. Also, this is a violation of the State Building Code (780 CMR, Section 108.3.5). Violations are punishable by fines of up to $1000 or up to 1 year in prison. Additionally, you are not registered as a Home Improvement Contractor as required by Massachusetts General Law Chapter 142A. Operating without an HIC Certificate is prosecuted by the Attorney General's Office or the District Attorney's Office. The fines for violation of 142A are up to $5000 and/or up to 2 years imprisonment. Your right to Appeal in this matter is with the Board of Building Regulations and Standards located at 1 Ashburton Place in Boston. Si ereelly, Thomas J. St. Pierre Building Commissioner/ Director of Inspectional Services Zoning Enforcement Officer CC: file, Mayor's Office, City Solicitors Office, Councilor Veno, Police Dept. Search Warrant Return This search was issued on March 7, 2008, and I 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 envy 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`x' day of March *ssan arbeau,uilding nspector/ 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 I 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 constricted 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 main 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. ! of 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 200 . o ph E. Barbeau, Assistant Building nspector/ Local Inspector City of Salem, Building Department 120 Washington Street Salem, MA 01970 A Search Warrant Return This search was issued on March 7, 2008, and I 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. a 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 . o ph E. Barbeau, Assistant Building nspector/ Local Inspector City of Salem, Building Department 120 Washington Street Salem, MA 01970 aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIAIId A1A:) D21S(: )11. InYOIt 120 Wnsi uNi�ron Sns r-.i:r # Snl.r-.nl,NLASsncl iUsl::rn 019 i0 `I T:1,:973-745-9595 ♦ I'nx:973-740-93-16 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 erelyf� � / L /y / seph E. Barbeau, Jr. I Assistant Building Inspector/Local Inspector CC: file, Mayor's Office, City Solicitor, Salem PD, District Court aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT NWOR I_^0 Wnsi-imp�funs Srectcr* 5AJ.itnJ.ALAssAri i01970 Ti:i. 978-705-9195 ♦ FAX 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 ol' 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, seph E. Barbeau, Jr. Assistant Building Inspector/Local Inspector CC: file, Mayor's Office, City Solicitor, Salem PD, District Court �ONNIT,r.l,, CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 4' 120 WASHINGTON STREET, 3RD FLOOR a SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR January 3, 2007 3^ 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. Sinc ely, 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. Titg of ttlPm, ttssttrl�usrtts . Public Prupertq Mepartment - �� Nuilbing i3epartment (One 6siem 16reen 508-745.9595 fxt. 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 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, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc: Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 ' co CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT a 120 WASHINGTON STREET, 3RD FLOOR Q ` SALEM, MA 01970 �� hLtP1 TEL. (978) 745-9595 EXT. 380 "LEftt,j'S OFFICE,Q FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYORZ�1J7 MAY _ 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. Sinceer Peter Strout Zoning Enforcement Officer cc: Mayors Office Councillor Driscoll John Keenan Attorney McArdle (Z'if A. fa ddEt: A Au ZX! r 4l�' "kl .Ts 6f fyP {� i5s �L�S.Ti...i rj COUNCILLORS-A?i.ARGE "VIA7H=V11 A.vr;gC 'AlARD COUNCILLORS PRS SID'---F 2007 200! MARK E.^o LAIR CYi RYL A. =O'itiTE THOMAS H'.FURE`( CiTV GL,R.Ii1 oi!^ rL SGSidC iVSKI JOAN B. LOVELY -(\:lei.PELLET IER ARTHUR C.SARGENTill LLONV4,RD E O'LEA'-Y Tal?, FIEN.i Ai !%END PAUL C. PR=VEY April 2,2007 JOSEPH A.O'KEEFE,SR. Tom St.Pierre Building Inspector City of Salem 120 Washington Street Salem,MA 01970 Dear Tom: I understand that you will be participating in a hearing with the clerk magistrate this week relative to an unlicensed rooming hour being operated at 10 Linden Street. You and I have been corresponding about this address frequently over the past year regarding a host of issues, including the unlicensed rooming house,and the storage of commercial vehicles on his property. As you are undoubtedly aware,there have also been health code violations,as well as a troubling,recent arrest of a tenant of this building on drug charges. This building is a nuisance and ongoing source of disturbance and anxiety among residents of the neighborhood. On their behalf,I strongly support your enforcement of City ordinances, especially regarding the unlicensed rooming house. With all that has been happening recently regarding rooming houses in this City,it is critical that we come down hard on those that are unlicensed,especially when they are in the middle of an otherwise quiet residential area. Thank you for your diligent work on this important matter. Please let me know if there is anything else I can do to support your efforts. Sincerely, C. � Matthew A.veno Ward 5 City Councillor City Council President 1 SALEM HA. 93 VVA.5 ;P.GTON STREF- SALEA. PIAL'970-3592 n P+R1AV SA !i.COM 1 APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court Of Massachusetts CRIMINAL COMPLAINT• —of— District Court Department I,tl e.undersigoed complainant, request that A criminal complaint issue against the accused charging the offense(s) ' ted 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 O 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. D HAS AS NOT been arrested INFORMATION ABOUT NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER r 0ZCo --SCS —3053 I jiI IIIAM Akftt-D PCF NO. MARITAL STATUS /0 S+RL-1,r Sx�evy I A 0i4io DRIVERS LICENSE NO. STATE /n H GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARSMIARKsrrATTOOS BIRTH STATE OR COUNTRY DAY PHONE Arte EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD d I i-af A& I Abs PkCro it§ oA D POLICE O CITIZEN D OTHER ADDRESS PLACE OF OFFENSE 2-0 bJA-SH t Al 6-T'0AI S`r, M4 n t �78 INCIDENT REPORT NO. OBTN CRATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE VARIABLES leg victim name,controlled substance,type and value of properly ifftrvanablewfornudion,see Complaint Language Manual) il. OFFENSE eV-E DIPTION OFFENSE DATE ESCR 2 VARIABLE — LU 0 OFFENSE LOPE �,. DESCRIPTION OFFENSE DATE 3 VARIABLE o 0 N ' REMARKS -� COMP I �S N E DATE FILED X G{/ sr, rzlbg. i*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} — ATLJ <--- DATE PROCESSING OF NON-ARRESr APPLICATION(COURT USE ONLY) CLERK/JU0GE NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: HEARING CONTINUED TO: 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 CLERICS DISCRETION DATE • TO ISSUE COMPLAINTr r D PROBABLE CAUSE FOUND FOR ABOVE OFFENSE(S) D NO PROBABLE CAUSE FOUND 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: APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT _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 DIStTIct Court 66 Washinptorl.Str-et ONLY MISDEMEANOR(S), I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salem.MA. 0970 ❑ BODILY INJURY 1] COMMISSION OF.A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. O ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ARREST STATUS OF ACCUSED ❑ HAS .D'HAS NOT been arrested INFORMATION ABOUT NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER I - PCF NO. MARITAL STATUS DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES M HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAYPHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) [INCIDENT OMPLAINANT TYPE PD POLICE ❑ CITIZEN ❑ OTHER ADDRESS ACE OF OFFENSE 'i REPORT NO. OBTN GTATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE ,;, , ! , � : , v ' . . r. i' 1, ,,. ,•; VARIABLES(e.g.vxftname,cantrollad substance,type and value of property,other variable information;see Complaint Language Manual) -' !t1 OFFENS&aDE s DESCRIPTION OFFENSE DATE 2 U-j VARIABL 110 OFFENSEODE t� DESCRIPTION OFFENSE DATE 3 VARIABLFi• a REMARKS COM WANTS SIGMA RE DATE FILED X 1 COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION D E.' F HEARING / TIME OF HEARING -> WILL BE HELD AT THE ABOVE COURT ADDRESS ON } 5 AT COURT USE ONLY y..�J E mCR-2(68)04) nne.mr An11.1— ........ STATEMENT OF FACTS NO. PAGE APPLICATION Trial Court of Massachusetts IN SUPPORT OF OF— District Court Department L\. APPLICATION FOR CRIMINAL COMPLAINT COURT DIVISION The undersigned alleges the following as a full or [Ipartial statement of the factual basis for the offense(s)for which a criminal complaint is sought. Il—. S l eee r gyp �✓��j�f Cammr1e i�L_�el�.c/�_off er-,s---- r/ AX 11 ZtQ�✓c�/ s— ea �rs iJ_'II!_[�io/ �♦✓O ' "_"�_—L� �J aE_✓_�✓ _fit117e .fc Vlr 144. /A'Iaw --- n bti//A s. -7-,frS_..l:s �+��1.�C�� �G—�!'✓Aused—L — 10i / ec_ ✓ �__1Z�-7 G—Lo2 / � # e ` 1ow" Jlfill zr°in Nl _ D—�J�,2�� _� .2irJeei•�2�__t/�///GL S--- —BN �fZ — ew_ ---/-------------- ----- (Use additional sheets i/necessary) PRINTED NAME SIGNATURE I AM A: DATE SIGNED ❑LAW ENFORCEMENT OFFICER x ❑-CIVILIAN COMPLAINANT OR WITNESS ADDITIONAL FACTS FOUND BY CLERK-MAGISTRATE ASST.CLERK I JUDGE BASED ON ORAL TESTIMONY --------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- _______________________________________________._--_---____._ ---__------________--_—_—_._____---___- REMARKS 7SIGNATURE OF CLERK-MAGISTRATE/ASST.CLERK/JUDGE DATE SIGNED DC.CR-J (7I04) _----.— CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT .�, 120 WASHINGTON STREET, 3RD FLOOR �r0176 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 7, 2004 copy 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. Sincerely, C-IW7'� oi Thomas St Pierre Building Commissioner cc: Kate Sullivan, Mayors Office Councillor Veno, Ward 5 co TM CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 2 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 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 01/02/213 10:09 SALEM POLICE DEPARTMENT PAGE: 1 v5. 51 INCIDENT REPORT TTYR036 -32 shift : B date: 01/01/03 WEDNESDAY org/Is' ------------------------------------------------------------------------------- ********** C 13A ASSAULT-SIMPLE **rcv*clr^* 11 :56 * 7 LINDEN ST apt : 002 A SAL 13A 13A 335053 * PARTY SPIT IN HIS FACE 52 * ID #: 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 0 h> *** COMMENTS *** 25 SAL 11 :56: 19 CD-13R-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 SEEK 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 lol- Sz:sm Police Doparcmn-t Records Division P.O. Box 3900 Salem, PIA C1970 ----------------------------------- --------------- officer' s signature date MUNROE & McARDLE ATTORNEYS AT LAW 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 Bill Arnold 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:(dkeena�a 8e'cRied Mail: 7099 3400 0008 9206 7525 Email: gilbert®salemlawyer.com Return Receipt Requested March 1, 1�N 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 wit{ 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, lYEnlosure D. KEENAN, SOLICITOR CC. Peter Strout, Bldg. Insp. Kimberley Lord Driscoll, Ward Five Councilor DRILL"0'E wr Ulaw LOUY t MEo I=moo KF 9 "No= POOL 9.900 S.F. u W NOW L WAIDOO M/►�b wulr MWwioro�n �oainr PROPO® QAMOE Elul �n to u C wx am a I= LINDEN STREET zoo omwar- a ; os a'rwil""""""°"'m P MR: M PLOT PLAN IN SALEM, W s9ir P" + 1N ` FOR BILL ARNOLD DEWM J. a1 fo/o2/or scuE 1• _ ro' JW neo 01191 f� LANDMARK N 5 EMINEER MG & SUR" NC, INC. �qMO STRUT I YNN, A94 01904 (781) 592-7016 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ° 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 �Ql�plg 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. Sincer , r , Peter Strout Zoning Enforcement Officer cc: Mayors Office Councillor Driscoll John Keenan Attorney McArdle CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT a e 120 WASHINGTON STREET, 3RD FLOOR 1' 7n SALEM, MA O 1970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR COPY January 3, 2003 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. �itp of talent, 41a.0atbuoto " Public Propertp Mepartment �3uilbing Mepartment ene balem Oreen (978) 7459595 cfxt. 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. Sincerely, Thomas St. Pierre Local Building Inspector cc: Mayor Usovicz Councillor Driscoll CITY OF SALEM, MASSACHUSETTS C(fRk A,�� BOARD OF APPEAL �S OFF�[M 120 WASHINGTON STREET, 3RD FLOOR /CL CI MA 01 970 ' Pnz s�ai Sao-sea6 1001 MAY ,� � 8 STANLEY J. USOVICZ, JR. O MAYOR DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 10 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 Halides 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? CITY F OFSA DECISION OF THE PETITION OF WILLIAM ARNOLD FOR AN ADMINISTRATIVE ` S OFFICE A RULING FOR THE PROPERTY LOCATED AT 10 LINDEN STREET pagetwo ) 6. Section 9-3 of the Salem Zoning Ordinance gives the powers and duties o1A ildaldA ja 08 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 r lief. 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. CITY OF SALEMt MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT • • 120 WASHINGTON STREET, 3RD FLOOR CITY Y o SALEM, MA 01970 CLERKS 0 ,FMCS q TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR 101 P+qy 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. Since 1 , /i Peter Strout Zoning Enforcement Officer cc: Mayors Office Councillor Driscoll John Keenan Attorney McArdle iSrrLIVM1"11 YJ FOR COMPLAINTU JUVENILE1 'District Court Department ❑ WARRANT COURT DIVISION EJ ARREST HEARING SUMMONS sawim Court The within named co lainant requests thatt a complaint Issue against the within named defendant,•Charging said defendant with,the offense(s)II below. -- .. ;-,.-, 6t DATE OF APPLICATION DATE OF OFFENSE ,!LACE O OFFENSE {r 3 e. „r - a1gm „ 01 /. . ;° - G.L.Ch. and Sec NA E F COMPLAINANT ?. i. �' NO - OFFENSE ...rte. .)., _ _ .._ ,..t:...: . .. ADDRESS AND ZIP CODE OF COMPLAINANT - L1.1�lDL:il=;�.� Xcc Ul-i - : _. iA _ „i t t t.( -- 2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT'e r , a 4. hication DATEOFHEARING TIM E�F FARING C Q COURT USE A hearing upon this complaint app ONLY—� will be held at the above,court address on i T f CASE PARTICULARS BE SPECIFICTYPEOFCONTR LED. NAME OF VICTIM -" " DESCRIPTION OF PROPERTY VALUE OR PROPERTY SUBSTANCE OR WEAPON Goods stolen,.what Over or under . .. NO. Owner of property, .destroyed,etc. $250• Marijuana,gun,etc. person assaulted,etc. t DAVID &U` � iY� Y. a •- � -.. _ .r .. 2 } S q . . .. i . OTHER REMARKS ARNOLD II( F! ONrC 1 J LIIV/JE , S7{4/ T&2 >ahrLNG Ufis %�IU � 1`1 SOrjE i�IC1"urLS 0r- F WATER. HE Acc"rp !yC OF !!�l//IVG uS D ri~� r ICAL- N/ /-iZc'/'tri�5 wrltf�?+r- outr_D�r✓ , INSPt:76 , a HE JREr-1191�D E ! aSI. L , f/Ar:rrAf(!D 661 IKMY&-FAC&-- CC•F_ POLIS(' RfXR54>7 NFA F MPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below IT known. DATEOF BIRTH PLACEOFBIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT a - WEIGHT EYES HAIR s OCCUPATION EMPLOYER/SCHOOL MOTHER'S AME(MAI ENI FATHER'S NAME .. 4 DC CR2(3188) Edward Mello MELLO REALTY TRUST 531 -915c Phyllis M. Mello Box 262 Peabody, Mass 01960 6*� 44` /o' �f °�� ?op- / I f 7 9elvc� 06*?m C�itu of *alemm, aimr �usetts Public Prapertg flepurtment giguilbing department one tbetem Green 508-745-9595 Ext. 380 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, v Leo E. Trembla Zoning Enfo ' ement Officer LET: scm cc: Gary Barrett Fire Department Health Department II i 15 � I e I I I -- I I , I 0 II _ I I I -- Edward Mello MELLO REALTY TRUST 531-915c :3hhyllis M. Mello Box 262 Peabody, Mass 01960 T° L..e p � a G� kKe-u� r lb Ctn of ttlem, � ttsstttljusetts 'Sous of �kppeal Al DECISION OF EALTY LINDENSSTREETEA SPECIAL (RI2) 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. UST SPECIALNPERMITEFOR TTHE PROPERTYLOLOCATED YATRREQUESTING 10 LINDENSTREET page twoerty 5, Bobbie Funue, 10 Linden Street, a tenant at the subject property spoke in favor of the petition. h, Councilor-at large- Tom Furey, 7 Linden Street, submitteda letter in opposition to the petition. William Kelley, detailed a history of Councilor, Pr erty, and spoke in opposition to the 7 , Ward 5 again the p P complaints all of 12 petition. Alice Rainey and Kathleen Titus, spoke in opposition to the proposed fourth g. Eleanor & John Derby, Linden Street, P osition to the petition apartment• voiced his oPP problems which would 9 . David Guy, 7 Linden Street, and parking P artment unit. because of the increased density whose mother resides at 12 be created in th74n Moffatt Road, an etiti n, and submitted a 10. Stephen Dib spoke in opposition to the petition, Linden St. P. 13 Linden St. in opposition to the letter from Michael Sullivan, opposition to the petition. spoke in 11. Jean Readon, 8 Linden Street, petition. populated area with minimal side 12. The neighborhood is a densely P p parking problems. yard setbacks, eriences on-street p complaints 13. The neighborhood a%p has been the subject of numerous comp 14. The subject property and noise from neighbors for because of debris, general upkeep quite sometime. in order to establish 15. Petitioners fail ed tuestednvarianceardship the need for the req and on the evidence On the basis of the above findings of fact, the Board of Appeal concludes as follows: presented, I, 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. ed The granting of the Special Permit request, romote1the ll nPubot biclhealth, harmony ' s inhabitants. with the neighborhood and will no safety,convenience and welfare of the City 0 in favor, the Zoning Board of Appeal voted unanimously Therefore, in opposition to the motion to grant the relief and five (5) failed to garner the four affirmative votes foa requested. rgthe motion to grant fails and the petition required to pass, Special Permit is denied. SPECIAL PERMIT DENIED ,tiq June 18, 1997 Chairman Gary Barrett, Member, Board of Appeal II REALTY ST ING A DECISION OF ATU10 LINDEN STREET SPECIAL PERMIT 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 APPLICATION ® ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST X 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 Salem, MA. 01970 4/29/97 1 4/8/97 10 Linden Street NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and SE City of Salem Zoning Officer ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green �. Illegal Apartment Section ---.- _-_- .--_-----___-----_–__–_ --- Article V111 8.5 Salem, Mass. 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mello Realty Trust Edward & Phyllis Mello W 3. P.O: Box 262 — – – – Peabody, Mass. 01960 -.... .__ °' COURT USE A hearing upon this complaint application DATE HEARING TI��jjEOFHEARING COURT USE ONLY----* will be held at the above court address on 71/ �2— 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. al'CIL my 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 EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME 7 .--:,� ' RTU E ONLY 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 73 Continued to COMMENTS NONCONFORMITY SALEM ZONING ORDINANCE Art.VIII.§ 8-+ I of the lots do not meet the requirements for increased in height, except as provided fol 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 meats of Table I of Article VI,said enlarge- established by this ordinance,nor shall any meat 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 per even though the lot the requirements stated in this ordinance. area and lot width are nonce (2) hou suc structure be destroyed by any Sec. 8.3. Nonconforming use of land. means to an extent of more than fifty (50) 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) N o such nonconforming use shall be moved in whole or in part to any other portion of See. 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 w 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: meat 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 Chit of *alem, Assoac4usetts Ilublic fropertV Department guilbing Bepartment (one *alem Breen 508-745-9595 Fxt. 380 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 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 letterill onnot Marbeen ch 6 , 1997 over thirty ( 30 ) days ago, and contacted by you or your attorney in regards of your assessment . If this office does not receive an indiccation of you removing said illegal apartment or filing p pt 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 _ ---N Leo E. Tremblay Zoning Enforcement Officer LET: scm cc: Jane Guy Health Department Fire Department Ward 5 Councillor Kelley, FOR COMPLAINT ❑ JUVENILE Disfict Court Department ❑ ARREST )J HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within sawFn 01sbid court named defendant, charging said defendant with the offense(s)listed below. 65 V.%Shh Ston$t wt DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE MA.O'er 4/29/97 4/8/97 10 Linden Street samm NAME OF COMPLAINANT arty of Salem Zoning Officer NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green t Illegal Apartment Section Article V111 8.5 Salem, Mase. 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mello Realty Trust Edward 6 Phyllis Mello 3. P.O. Box 262 Peabody,. Mass. -01960_ °' COURT USE I A hearing upon this complaint application DATE OFHEARING TIME OF HEARING COURT USE ONLY will be held at the above court addresson �, AT 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}/tlNA DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kno n. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACEHEIGHT WEIGHT] EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 0 0 3 s Z D Z rn O O { DC-CR2!3188) Titg of #alEm, Massar4usetts Public Properttl Bepartment Nuilbing 19epartment (one Belem 06rem 500-735-9595 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 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, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc: Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 � n MEMO 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 Titg of *Ulem. massar4usEtts Public Propertg Eepartntent Nuilbing i9epartment (Kane #alem Green 509-745-9595 fxt. 3911 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 ,T 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 n NEIOIllloR!It1OD IMPROVEMENI"IAS11, FORCE REFERRAL DORM J Dale: Address: Complaint V/_0..� (o.✓S/�ir'l�iS ati �' v aSSiS _ fo p 1 ��P-✓ c�-rte �v T�2 P Ifo �o Complainant: A�oi✓J,�h9o�� PhoueJJ: — Address of Complainant: DAVID SIIEA. CIIAIRMAN KEVIN HARVEY UUII_UINO IN_511¢C'I"f)R 1 LEC'CRICAL DEPAR'CMENI: — 111;1s PREVENTION CITY SOLICITOR IEALTII DEPARTMENT 'ALE ALM AUTIIORI"I 'f ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT SS ' St.?R LZI ASUlt DPW WARD C ILL DAN 'I;,\AY SIIA_DG PREF PLEASE CI IECK TILE ABOVE REFERENCED COMPLAIN I' AND RESPOND 'l o DAVE SIIEA WITIIIN ONE WEEK. THANK YOU FOR YOUR A°�SISTANCE. ACTION: ctij of �*ttlem, glass ar4us etts Ilublir jorupertg Bepartment $uilbing i9epartment 00ne #stem 4reen 500.745-9595 En. 380 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 inden,' t 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 ildin; LET: scm cc: David Shea Jane Guy Councillor Kelley, Ward 5 Chit of 5ttiEm. 46naoar4usEtta Public Propertg i9epartment ;Suilaing i9epartment line #stem (5reen 500-735-9595 Ext. 390 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 Peabody. IMass. 01906 RE: 10 Linden Street Dear Mr. & Mrs. Mello: Due to a complaint received through the Neighborhood Improvement Committ--e hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Repair vinyl siding on side of structure-4 2. Chicney at roof top needs to be re-pointed. r3ricks also missing at cap) )/ t k 3. Rear step entry need to be maintained. Exterior steps need to be re-secured. L. 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, Leo E. Tremblay Inspector of Buildings LET: sc-- cc: .lane Guv Councillor Kelley, Ward 5 CITY OF SALE`.I NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ci No is REFERRAL FORM Cons. Comm. Yes C3 No C SRA Yes ❑ No t Date: Address: Complaint: Complainant: ✓ Phone#: Address of Complainant: NSPFCTOR KFVTN HARVEY FIRE PREVENTION I ELECZUCAL DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SAt ��' HO 1SING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TRF A Sr TRFR/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADF TREE I DAN GFA_RY PLEASE CHECK THE .A.BOVE REFERENCED COMPL-%iNT .-SND RESPOND TO DAVE SE WMIIN OEEWEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: REFERRAL 1'0101 Date: 7 7 % _ Address: Complaint: - _=//` ice l�,o�L _ - ��/lSl2 y�.�G2 h+, ✓/ c �/P�✓�c�r9—�� �� G�2 P�/��+-� l0 Li J � � �� - �c�r/i S-� Complainanl: �w�✓ h7ou� l'hm(eq: Address of Complainant: UAVIA SSIIEA. CIIAIRMAU� KEVIN HARVEY BUIL 1 U 1'It I SINSIN LEC' lt-'AL UEI'AR1IJ 'h11f /✓f /- Cb'L / NL 'II;L.i PREVEN"CION TCI Y SO ACITOR UIA IIEAUI'll DEPARTMEN'C SALEM IIOUSINO AUTIIOItI_i ANIMAL CONTROL POLICE DEPARTMENT _ cti-("e opt s.,iA,ees cs/v — FY. PLA NNINU UEPARThIEN f ASSESS( rlt I_It1ASURER/COLLECI'OR Dpw v' fyvy cv-k WARD COU C LLOR DAN MARY SIIAUL• TRE PLEAS L CIIECK TI IE ABOVE REFERENCED COMPLAIN I' AND RESPOND TV DAVE SIIEA WITHIN ONE WEEK. -1-11ANK YOU FOR YOUR A':SISTANCE. ACTION: 1// \ C11itu of lq�ttlem, massac4usctts �'a' Public Property Department / Nuilaing Department (One dalem Green 508-743-9595 Fit. 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 Peabody, 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 c"a"p�) '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. u' 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 so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, G L� Leo E. Tremblay Inspector of Buildings LET: scm cc: Jane Guy Councillor Kelley, Ward 5 CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE jurisdiction Hist. Comm. Yes ❑ No G REFERRAL FORbI Cons. Comm. Yes O No t SRA Yes ❑ No Date: n/7 Ai Address: Complaint: i L� /%iSC t i3�f i.✓ �� S ie,�z� Complainant: Phones: Address of Complainant: /AUTLDING INSPECTOR KFVTN HARVEY LIZ FIRE PREVENTION ELECTRICAL DEPARTMENT /�EALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL I I SALEM HOUSING AUTHORITY Pi.ANNING DEPARTMENT I I POT TCF DEPARTMENT TRF A SURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TRFF, D N GEARY PLEASE CHECK THE .-ABOVE REFERENCED COMPI_3iNT AND RESPOND TO DAVE SE WnJ IN O.NE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: Otg of #alcor' massac4usEtts Public Prapertg Department Nuiibing Department (One #alem Breen 508-745-9595 Ext. 380 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 RE10 ,ind - Stet 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, 'Ale Leo E . Tremblai Inspector of B ilding LET: scm cc: David Shea Jane Guy Councillor Kelley, Ward 5 30 r> TitU of - UJCM, .4fitt86tt€4USPtt9 Public Propertq i3epartment $uililing Department (One eslem (5reen 300.7.13-9395 Ext 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 6, 1996 Mello Realty Trust Edward & Phyllis Mello P.O. Box 262 Peabodv. Mass. 01906 RE: 10 Linden Street Dear mr. & Mrs. Mello: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Repair vinyl siding on side of structure. 2. Chimney at roof top needs to be re-pointed. (Bricks also missing at cap) 3. Rear step entry need to be maintained. Exterior steps need to be re-secured. 4 . Trash must be picked up in yard area . Please notify this department within fifteen ( 15 ) days upon receipt of this letter as to what course of action you will take to rectify these violaticns. Failure to do so will result in legal action being taken against vou. Thank you in advance for your anticipated cooperation in this matter. Sincerely, leo E. Tremblav Inspector of Buildings LET: scm cc: lane Guv Councillor Kelley, 'Hard 5 CITY OF SALEN.i NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ NO REFERRAL FORM Cons. Comm. Yes o N( SRA Yes a N Date: Address: Complaint: C Complainant: .✓ Phonert: Address of Complainant:,14��G ' INSPECTORI KF%'TN HARVEY FIRE PREVENTION I ELECTRICAL DFPARTMENT CITY SOLICITOR ANIMAL CONTROL SAT ENT HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TRFASURFRICO CTOR I ASSESSOR WART) COUNCILLOR I DPW CHADR TREE I DAN EARY PLEASE CHECK THE . BOVE REFERENCED COMPL�LNT .1DID RESPOND TO DAVE . WIq'HIN OEEWEEK. THANK YOU FOR YOUR ASSIST.-�uNCE. ACTION: Uf �$tticm, Public Proygrtg Department ''� :? �uil3ing �epttrtsnerd Richard T. McIntosh �I One Salem Green 745-0213 I September 16,1983 Re: 10 Linden Street R-2 Zone TO WROM 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, Richard T. McIntosh Zoning Enforcement Officer RTM:mo's ORIGINAL No.—"-[1 fit#t� of 0alPm V (Offre of JmWertor of Nuilbinge City Hall, u-"-.e -7 19 f-v PerTission is hereby given to -J � !r't-C /f L/✓Q,L R �� �f [tel Gy'�� ;=u�.-�.-1 «,/ l'� � at No �'_'+�� ' (/ Street Ward in a,0d4rdance with an application on file in this office, and subject to the pro vi- si As of.the ordinances and statutes in relation to the Inspector and Construction $f Buildings in the City of Salem. i Intpdor Ouildingt. i P33 BC 12-14-54 TitU of #alem. Massac4usetts Ilublic Propertq Department Nuilbin9 Department (Our daltm (6reen 508-745-9595 Ext. 300 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, / 1 Leo E . Tremblay Zoning Enforcemen Officer LET: scm cc : Gary Barrett , Chairman Fire Department Health Department V1/VLIV0 AnU 1V.YJ 1 .6 OI VI YVVVIY VVLLt. V lu,ul.[u. A// T'^ 1 16 JOHN O.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 From Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem,MA 01970 Tet (973)741.4453 TBC (979)744.9800 Fax:(979)740.0072 Fax:(978)7447380 Emil IEkeenanla�wX11-Irst Class Mail: 781.639.4441 Email:gil6ert®ealomlawyer.00m VI 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: 1 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 neighbor that, "if 1 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. Arnuld 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. s CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HWLTH AGENT Tel:(978)741-1800 a' d September 1, 1998 Fax:(978)740-9705 W ci w I. Ae . tvltyy t dward-8i P Mello 0. Box 26 0 abod - CV60 v v ar Sir aadam : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: 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: Tena Plumbing/Gas Inspector, 8 ouncillor William Kelley Certified Mail#Z 279 293 173 JS/s)kcw oe�------ z ',, SALEM HEAL H DEPARTMENT "` 9 North Straat •. Salam,MA 01970 4 i Stale Sanitary Code,Chaptec.11:.,105 CMR 410.000 Minimum Standardi'of Fdnesslor Human Habitation Occupant: _ ,4uejF VELEkSK/ 9,1 adv6;c7z Phone: 2_ 'J'YO- 0 x7 Address: /U t/n/,nGA/ Ise" Apt. Floor R, Owner. !tea/An PPOL YV 7yvs7' Address: Pd 6oX 2 G2 t�waA¢ v P#�i_ls 7"ecc0 _ jad 6444 0,>y60 Inspection Date: 3/ 44 Tuna ?.00 o m Conducted By: _V4IAc fak/c Accompanied 8y= rE-e[n/vt .: Anticipated Reinspection Date: Specified Reg # Violation Time 410. . _ . BASED ON A TENANT COMPLAINT,AN INSPECTION WAS`CONDOCTED=IN'ACCORDANCE WITH CHAPTER II OF STATE SANITARY CODE 105CMR 410.000. INSPECTOR NOTED: N ey'00-i'/11 . / gig 1Z'G�ok pt Sd Ukca Y .Q!epGrlq. P v9,YrQ Y K N V�00fYfL l-r'+ri /-/as A- I 3 r N / ( go 0,- --6a Q 2LiT irf eFF.��C,�/,C D� L07P �7 BnrJ OP_j{�a !! /� T �r cf" BP /1,Oa 0GL / oo p r2 t d�rR v— —.O.�Lc✓. One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) Code Enforcement Inspector Este es un documento legal importance Puede que atecte sns riprartmc Page o2 of SALEM,HEALTH DEPARTMENT Dais: 9 North Street se Satem..MA 01970 mac+ Name: ,�„ i az(A e -z-e.eSK/ Q J ✓9 !feP- Address: Specified Reg # Violation Time 410. . . . :e A oZ S e G '✓ AS- AMS S 0 U S S a ,N EL ti Otu of *ttlem. massu4usetto 1Fl�ec ilublic prnpertu i9epartment Nuilaing Bepartment (one Belem (6reen 509-745-9595 fA. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 19 , 1997 Mello Realty Trust Edward 5 Phyllis Mello P . O. Box 262 Peabody, Mass . 01960 RE : 10 Linden Street Dear Mr . S Mrs . Mello: This office has been informed that you are illegally renting a fourth ( 4 ) apartment at the above mentioned location. On June 41 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 Zoning Enforcement Officer LET: scm cc : Jane Guy Health Department Fire Department Councillor Kelley, Ward 5 ° &V of Salem, 'ffittssarhustffs pa Office of file Nlifg (iiounril s��� (tSifg �ttll COUNCILLORS-AT-LARGE - MATTHEW A.VENO WARD COUNCILLORS PRESIDENT 2007 _ - 2007 MARK E. BLAIR - - 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 AApril 2007 PAUL C. PREVEY p JOSEPH A.O'KEEFE,SR. Tom St. Pierre Building Inspector City of Salem 120 Washington Street Salem,MA 01970 Dear Tom: I understand that you will be participating in a hearing with the clerk magistrate this week relative to an unlicensed rooming hour being operated at 10 Linden Street. You and I have been corresponding about this address frequently over the past year regarding a host of issues, including the unlicensed rooming house, and the storage of commercial vehicles on his property. As you are undoubtedly aware,there have also been health code violations, as well as a troubling,recent arrest of a tenant of this building on drug charges. This building is a nuisance and ongoing source of disturbance and anxiety among residents of the neighborhood. On their behalf, I strongly support your enforcement of City ordinances, especially regarding the unlicensed rooming house. With all that has been happening recently regarding rooming houses in this City, it is critical that we come down hard on those that are unlicensed, especially when they are in the middle of an otherwise quiet residential area. Thank you for your diligent work on this important matter. Please let me know if there is anything else I can do to support your efforts. Sincerely, C. Matthew A. Veno Ward 5 City Councillor City Council President SALEM CITY HALL 9 93 WASHINGTON STREET 9 SALEM, MA 01970-3592 • WWW.SALEM.COM CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT tj 120 WASHINGTON STREET,3"D FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 7,2009 William Arnold 10 Linden Street Salem Ma. 01970 R.E Zoning Violation Mr. Arnold, This Department investigated a complaint concerning the commercial use of the garage at the above mentioned property. When I arrived ,three men were busy building large cabinets that were not being installed at 10 Linden Street. This constitutes a commercial use of the garage.Addittionally you were granted a Special Permit for the Construction of this garage addition in 2002.In that decision you agreed not to park Commercial vehicles on the property or the street. You also agreed to not operating the busiress at the residence. Condition, s 7 through 9 cover these issues. #7"Addition shall be used for residential living space" #8 "No Commercial or office space at the premises" #9" There shall not be any trucks or Commercial vehicles parked on the premises" Enclosed is a zoning violation ticket. Continued violations will result in increased fines and further enforcement actions.. If you feel you are aggrieved by my Zoning interpretation,your Appeal is to the Zoning Board of Appeals. You are also directed to conform to the conditions that were part of the 2002 Z.B.A decision. Th as St.PierrL/?/2� �xs Building Commissioner/Zoning Officer cc.file, Jason Silva,Matt Veno, Jerry Parisella Salem P.D O.I.0 BOARD OF APPEAL ., 120 WASHINGTON STREET, 3RDFLOOR - �- �)e SALEM, MA 01970 TEL. (978).745-9595 dryMg FAX (978) 740-9846 STANLEY J. LISOVICZ, 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 Halides, 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: io DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL *y 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 t 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. dVP,r(u yr r,rr¢e. " 120 WASHINGTON STREET, 3RD FLOOR _ )t SALEM, MA 01970 TEL. (978).745-9595 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- 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: ON OF WILLIAM LD NG A PERMITN ON THE OR THE RO PROPERTYLOCATED TR10o NDEN STREET SPECIAL T 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 �l/ /r� u CccV-� 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. �J