47 LINDEN STREET - BUILDING INSPECTION t 47 LINDF,N STREET
i
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riY Q
5 CERTIFICATE ISSUED
CITY OF SALEM DATE March 28 1999
s SALEM, MASSACHUSETTS 0197p
a4p� BUILDING. PERMIT -
CERTIFICATE OF OCCUPANCY
APPLICANT 6:agl SOS Ips
DATE' - l.r5
19ADDRESS PERMIT NO:
PERMIT TO `"=OV::�� INO.1
(TYPE OF IMP, -rel STORY -�P-L_.1.. ICOMI p•—S-IiC[N�[�—
EMEMlI 'pp. NUMBER OF
1 IPnOPOSEp USEI DWELLING UNITS
.r fLOCAiIONI Lr
Ipod
fSLen
igEETI -rG ZONING
BETWEEN DISTRICT__
Kg05$ STgE E'TI AND
SUBDIVISION -
(Cpo55 STpEETI
LOT BLOCK LOT
BUILDING IS TO BE
FT, WIDE BYFT. LONG By _SIZE
TO TYPE —'�FT. IN HEIGHT AND SHALL L CONFORM-IN CONSTRUCTION
'�—�__ USE GROUP
BASEMENT WALLS OR FOUNDATION
REMARKS. 'a.-V
� H _ ITYPEI
AREA
VOLUME & yp I .y'E rryy��
C :BIC SOE.q E'FE ETI . mum
OWNER -i" 6[L ADORESS TO BE.POST E.b�o
SEEiRE(VERSEISIDE_FOR EO DI PREMISES
CONDITIONS OF CERTIFICATE
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
"r To be filled in by each division indicated hereon
r upon completion of its final inspection.
BUILDINGS Permit No. 1-95
Approved by Leo E. Tremblay Date 3/28/95
Remarks
PLUMBING Permit No.
Approved by John LeClerc Date 3/7/95
Remarks
ELECTRICAL Permit No.
Approved by John Giardi Date 3/27/95
Remarks
OTHER Fire Permit No.
Approved by_ Capt. Hudson Date 3/16/95
Remarks
OTHER Permit No.
Approved by Date
Remarks
BUILDING
PERMIT
J/9Q .. JOB WEATHER CARD
DATE // ) 19 .1 PERMIT NO.
'LICANT G I ✓Ilt�"\ gppRE55
(N0.1 (STREET) (CONTR'S LICENSEI
.., NUMBER OF
IMIT TO I_) STORY DWELLING UNITS
(TYPE OF 'IIM�P IROVE1IENTI NO. (PROPOSED USE)
(LOCATION( N / T—lhd�-i S� ZONING
DISTRICT
(NO.) (STREETI
T WEEN AND
(CROSS STREET) (CROSS STREETI
LOT
)DIVISION LOT BLOCK SIZE
LDING IS TO BE FT. WIDE BY FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
1ARKS:
Call IU
I ulII � L .0
A OR - PERMIT
UME ESTIMATED COST FEE S
C'JSIC/SOUARE FEET)
JER
- - _ BUILDING DEPT:
RESS BY
5 PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET. ALLEY 09 SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR
iMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP-
)VED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
JM TME DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
ANY APPLICABLE SUBDIVISION RESTRICTIONS.
IMUM OF THREE CALL Appq OV ED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE
PECTIONS REQUIRED FDR CARD KE PT POST ED UNTIL FINAL INSPECTION HAS BEEN PFR MITS ARE REQUIRED FOR
CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND
'OUNDATIONS OR FOOTINGS. MAGE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.
PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALLNOT BE OCCUPIED UNTIL --
IEMSERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE.
tNAL INSPECTION BEFORE
,CCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
�e2.55 _
t
ARD O HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
�`4
TIER CITY ENGINEER Z Z
K SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD
'ECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE
GES OF CONSTRUCTION. PERMIT 15 ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts
FOA COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST 'NiL HEARING LJ SUMMONS ❑ WARRANT COURT DIVISION
The within named Complainant requests that a complaint issue against the within :;:item Dztmct court
named defendant, charging said defendant with the offense(s) listed below. iia Washington Street
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE . -
5/4/94 4L84 47 Linden Street, Salemc-4wefn, MA_ 0'C70
NAME OF COMPLAINANT
City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT g1018t0on Cit Of SaleID
City of Salem Inspector of Buil t. City
ane Salem Green: - Zoning Ordinance Se
Salem, HA 01970 Salem Zoning Ordinance
2. Art.2-2 Definition of Family
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
William O'Neil
13 Sunset Road 3.
Salem, MA 01970
4.
COURT USE I A hearing upon this complaint application DATEOFHEARI[JG TIME OF HEARING COURT USE
ONLY----* will be held at the above court address on 2 � AT �� e)Of F—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. -5250. Marijuana,gun,etc.
2
3
4
OTHER REMARKS:
Has fliZed to respond to correspondence and is in violation of the City of Salem
Zoning Ordinance.
%
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX. RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
DC-CR2(3188)
(fitLI of �ttlem, ,AUSI E4USIMS
P
tlub is prnpertg Department
Suilaing Department
(One dnlem (6recn
500.745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 11, 1994
William O'Neil
13 Sunset Road
Salem, MA 01970
RE: 47 Linden St.
Dear Mr. O'Neil:
This office has received a complaint which alleges you are renting an
apartment on the third floor of the above referenced property. According
to the records on file in this office this property is a legal two (2)
family dwelling. Also, it has been alleged that there (9) unrelated
persons living in this building. Please be advised that this property is
located in the Residential Two Family District (R-2) and the renting of
more than three (3) unrelated persons in each apartment is a violation of
the City of Salem Zoning Ordinance and such use must be discontinued at
once.
Please contact this office upon receipt of this notice and inform us
of your course of action in this matter. Failure to comply will result in
the appropriate legal action being taken.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
cc: Councillor Gaudreault, Ward 5
\471ndn\
DEFINITIONS SALEM ZONING ORDINANCE Art.II,§ 2.2
1
seven-year incremental periods of effectiveness, Dormitory:A building having facilities to house
not to exceed a total of twenty-one (21) years, for persons in single rooms or double rooms with
the development of the city in accord with the common toilet and bathing facilities.The building
.�0 master plan and official zoning map in order to may also have common rooms, recreation rooms,
provide for maximum orderly, adequate and eco- self-service laundry facilities and snack kitchens.
54, nomical provision of transportation, water, sew-
erage,drainage,parks and recreation,schools,mu- Drive-in restaurants or snack bars: Any eating
nicipal facilities and structures and other public establishment where commodities are consumed
requirements. on the premises but outside the principal building.
en, City.• The City of Salem. Dwelling: A building designed or used as the
Clinic, medical or dental: A building or build-
living quarters for one (1) or more families.
ings having facilities for diagnosis and minor treat- Dwelling, multi family:A building designed for
ment of humans, as differentiated from hospitals. or occupied by three (3) or more families, with
The building may have doctors' offices, x-ray separate housekeeping and cooking facilities for
a1 rooms, laboratories,operating room for minor sur- each.
'^ gery, kitchen and diet kitchen facilities. The
building will primarily be used for "out patients" Dwelling, multi family,garden type:A building
or ambulatory patients and not for convalescent designed for or occupied by three (3) or more fam•
patients. However, not more than ten (10) beds ilies, but not more than eighteen (18) families,
may be provided for patients under diagnoses, for with separate housekeeping and cooking facilities
occupancy not to exceed four (4) days. for each.The buildings will further conform to the
requirements of section 5-3(d)(5)herein.The terms
Convalescent or nursing home: As defined by "town houses," "row houses," "attached houses"
Section 71 of Chapter III of the General Laws: A and like terms shall be interpreted as being syn-
convalescent or nursing home is defined as any onymous with the term "multifamily, garden
institution, however named, whether conducted type."
for charity or profit, which is advertised, an-
nounced or maintained for the express or implied Dwelling,single-family:A detached building de-
purpose of caring for three (3) or more persons signed for or occupied by one (1) family only.
• i
admitted thereto for purposes of nursing or con-
valescent care. Dwelling,two-family:A building designed for or
occupied by two (2) families only, with separate
Developer: Any person who, having an interest housekeeping and cooking facilities for each. A
u
in land, causes it directly or indirectly to be used so-called duplex dwelling,even though having two
for residential development; or who directly or in- (2) separate entrances and street numbers, shall
directly sells, leases or develops or offers to sell, be construed as being a single building.
lease or develop or advertises for sale, lease or E,
development any lot, plot, parcel, site, unit or in. Dwelling unit:Abuilding orportion thereof pro- l
terest for residential use. viding complete housekeeping and cooking facili-
ties for one (1) family.
E Development permit: A permit to be issued to a
developer by the planning board granting the right Family: One (1) or more persons occupying a
to develop a given parcel of land for residential dwelling unit and living together as a single non-
use after said parcel has been approved for such profit housekeeping unit;provided that a group of
I: development as determined by the standards of three(3)or more persons who are not within some
issuance for residential development contained degree of kinship shall not be deemed to consti-
14 herein. tute a family.
Development use, residential: The erection or Garage, private: An enclosed space for the
construction of dwellings on any plots, lots or par- parking or temporary storage of one (1) or more
cels of land or any portion thereof. automobiles,except that one(1)space may be used
5
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1
Art. III SALEM ZONING ORDINANCE ESTABLISHMENT OF DISTRICTS
ARTICLE III. ESTABLISHMENT OF mobile business needs related to the cen-
DISTRICTS tral development district.
(8) 1 Districts: Industrial districts are intended
Sec. 3.1. Types of districts. to be those areas highly suitable for indus-
trial use by reason of topography, accessi-
For the purposes of this ordinance, the City of biIity and proximity to major transporta-
Salem is hereby divided into the following types tion systems.
of use districts: (9) B-5 District: Central development district
(1) R-C Districts: Residential-conservation dis- is intended to be a composite district of
! trios are intended to be areas in which, by major businesses, residential use and civic
reason of poor drainage, periodic flooding, and cultural use.
rocky terrain, steep slope, or the practical (10) Business Park Development Districts: Busi-
difficulties of servicing such areas with ness Park Development Districts are in-
public water or sewerage,only agricultural tended to be those areas within which clean
and scattered residential uses should be per- business and industry are developed.
mitted.
(2) R-1 Districts: One-family residential dis- Sec. 3.2. Zoning map.
tricts are intended to be those areas in (a) The districts established in this article are
which spacious neighborhoods suitable for located and bounded as shown on the map enti-
healthy, safe, convenient and comfortable tled "Zoning Map, City of Salem," adopted Au-
family life are to be promoted and protected. gust 27, 1965, and as amended and on file in the
(3) R-2 Districts: Two-family residential dis- office of the city clerk. The zoning map, with all
tricts are intended to be those areas in explanatory matter thereon,is hereby made a part
which buildings are suitable for use by more of this ordinance.
than one(1)family but are in all other ways (b) If, in accordance with the provisions of this
similar in character to R-1 Districts. ordinance and the General Laws, Chapter 40A,
amendments are approved by the city council
4) R-3 Districts: Multifamily residential dis- which involve changes in district boundaries or
tricts are intended to be those areas whose
location is especially convenient to services, other matter portrayed on the zoning map, such
facilities or employment for persons and changes shall be made promptly on the zoning
families desiring apartment accommoda- map.
tions. (c) Regardless of the existence of purported
(5) B-1 Districts: Neighborhood business dis- copies of the zoning map which may be made or
tricts are intended to be those areas con- published from time to time, the zoning map on
taining uses meeting daily shopping needs file in the office of the city clerk shall be the final
for the convenience of adjacent residential authority on the current zoning status of land and
areas. water areas, buildings and structures in the city.
Editor's note—Zoning map amendments are listed in a
(6) B-2 Districts:Highway business districts are table following Article XII herein.
intended to be those areas providing sites
for businesses whose trade is derived from Sec. 3.3. Interpretation of district bound-
automobile traffic requiring ample on-site arses'
parking and direct access from major Where uncertainty exists with respect to the
streets. boundaries of districts as shown on the zoning
(7) B-4 Districts: Wholesale and automotive map, the following rules shall apply:
business districts are intended to be those (1) Boundaries indicated as approximately fol-
areas which serve the wholesale and auto- lowing the centerlines of streets, highways
8
I
APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE '! District Court Department
❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salem mstriw Court
named defendant,charging said defendant with the offense(s)listed below. 85 Wash'npgton Street
DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE 1
Sda4?m MA 049705/4/94 4184 47 Linden Street, Salem
NAME OFCOMPLAINANT-
CityyNO. OFFENSE G.L. Ch. and Sec of Salem, Inspector of Buildings � r
ADDRESS AND ZIP CODE OF COMPLAINANT
City of Salem, Inspector of Buidaeggs 1. Violatl)rarr City of Salem
"Cfne Salem Green"- -` Zoning Ordinance Sea.3-1(3)
Salem, MA 01970 Salem Zoning Ordinance -
2. Art.2-2 Definition of Family
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
William O'Neil
f3 SCR`d:Road �_. _,_ __ ___�_ 3.
Salem, MA 01970
4.
COURT USE A hearing upon this complaint application DATEOFHEA�(JG TI EOFHEARING COURT USE
ONLY—P. will be held at the above court address on AT o0P/y f--ONLY
CASE PARTICULARS — BE SPECIFIC ti
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
k person assaulted,etc. destroyed,etc. ..$250. Marijuana,gun,etc.
t
2
3
4 �
OTHER REMARKS:
Has fAibed to respond to correspondence and is in violation of the City of Salem
Zoning Ordinance.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACEOF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
i
OCCUPATION EMPLOYERISCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME
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DGCR2(3/88)
Titg of 1�ttljem, massar4usetts
Public PropertU i9epartment
�Q Nuilbing Department
(One ftlem (6rem
508-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 11, 1994
William O'Neil
13 Sunset Road
Salem, MA 01970
RE: 47 Linden St.
Dear Mr. O'Neil:
This office has received a complaint which alleges you are renting an
apartment on the third floor of the above referenced property. According
to the records on file in this office this property is a legal two (2)
family dwelling. Also, it has been alleged that there (9) unrelated
persons living in this building. Please be advised that this property is
located in the Residential Two Family District (R-2) and the renting of
more than three (3) unrelated persons in each apartment is a violation of
the City of Salem Zoning Ordinance and such use must be discontinued at
once.
Please contact this office upon receipt of this notice and inform us
of your course of action in this matter. Failure to comply will result in
the appropriate legal action being taken.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
cc: Councillor Gaudreault, Ward 5
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CGCef FAX= (5 0 8) -7 4 5-4 6 4 6 Du'Eau
jo,5-744-6990 5OS-745-7777
NAME : Mr. Leo Tremblay, Building Insp. RE : Illegal Rooming House
ADDRESS : One Salem Green 47 Linden Street
CITY/STATE/ZIP: Salem MA 01970 Salem, MA 01970
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
AS THE RESULT OF AN INSPECTION OF THE PREMESIS , STRUCTURE , OPEN LAND AREA, OR
VEHICLE OWNED, OCCUPIED, OR OTHERWISE UNDER YOUR CONTROL, THE FOLLOWING RECOM-
MENDATIONS ARE MADE AND SHALL SERVE AS A NOTICE OF VIOLATION OF THE LAWS,
ORDINANCES , OR REGULATIONS PERTAINING TO THE PREVENTION OF FIRE AND THE PRO-
TECTION OF LIFE AND PROPERTY.
As a result of a complaint from Salem Police Officer Brian Norris relative to
the improper storage of rubbish inside the building I noted that there are
9 (nine) unrelated persons living in this dwelling.
There is also a question if this structure is a legal 'three ( 3) family dwelling.
Per Order,
CC: S ,
Wm. P. O 'Neill S LEM FIRE PREVENTION DIVISION
Norman PLL, �5 Insp.
Form 25A ( 1/24) DATE :
f,
I
Citp of *a(cm, Alaggacbugettg
3 r
j3ubtic Propertp Mepartment
g AW(bing Mtpartment
One Sratem green
745-9595 QCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 23, 1991
William O'Neil
13 Sunset Road
Salem,MA 01970
RE: 47 Linden Street
Dear Mr. O'Neil,
Regarding our meeting on Friday, July 19, 1991 at the above
referenced property, please be advised that the third floor attic
area must be vacated. ,
This space is not habitable according to the definition of the
Mass State Building Code, fourth edition. If you need further assistance
regarding this matter please contact me at this office.
Sinc ly,
David J. Harris
Assistant Building Inspector
DJH/eaf
cc: City Solicitor
Ward Councillor
Board of Health
CITY OF SALEMP 735 032 :16.60 i ` \ =--_:�•.
BUILDING DEPARTMENLL
g CITY HALL ANNEX
y' ONE SALEM GREEN
•`+m SALEM, MASSACHUSETTS T 7. - _ ,' ,t :_ z� t AUG23
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oo
TUR /9 J 6
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TO t9Ti
SENDER
REASO"' aNEClfla
Unclaimi�a R,:fis�d
Addressee unknpwn� William O'Neil
II ApdteSs�„„"
No such suottt_nun!par._ 13 Sunset Road n
No such pipes iq stateV.� iSt :+:?.iCe
IDD 9M4" iy ¢� Salem,MA01970
a'
Is your RETURN ADDRESS
completed on the— reverse side?
w
Thank you for using
Return Receipt Service. e
SENDER:
• Complete items 1 and/or 2 for additional services. I also Wish to receive the
• Complete items 3,and 4a&b. following services (for an extra
• Print your name and address on the reverse of this form so that we can fee):
return this card to you.
• Attach this form to the£rant of the mailpiece,or on the back if space 1. ❑ Addressee's Address
does not permit.
• Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered
m and the date of delivery. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
William O'Neil P 735 032 660
13 Sunset Road 4b. Service Type
a MA ❑ Registered ❑ Insured
r
W Certified El COD
❑ Express Mail ❑ Return Receipt for
Merchandise
7. Date of Delivery
5. Signature (Addressee) 8. Addressee's Address(Only if requested
and fee is paid)
6. Signature (Agent)
PS Form 3811, November 1990 *U.S.GPO:1991-287-088 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SEINCE I II II
Official Business
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
David Harris / Public Property
One Salem Green
Salem,MA 01970
coxut4�
} 1
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT -
508-741-1800
Violations State Saru�tary Code, Chapter
II, 105 aqR 410.000 & 'Chaptei 7
Article XIII of Salem-Codes ef------ __
March 22, 1991 Ordinances of 1973
David Shea, Chiet Administrative
' Aide to Mayor Neil J. Harrington
City Hall
Salem, Ma 01970
Dear Mr. Shea:
Confirming Inspectors' meeting of 3-21-91 and our subsequent phone con-
versation, we offer the following -
r, �s �.
47 LINDEN STREET (3-family) (Owner-gilliam�- O Neill, Jr. , 13 Sunset Rd.
Salem) On site inspectionnoted two barrels on side house filled with
trash in plastic bags. Yard and area around property was clean. Fri-
day is collection day. There are leaves around,ProPertY•
Mr. Valdez has mailed Notices-of Vacancy on three occasions but has had
no response. Notices, applications and copy of City Ordinance will be
mailed out again,, as No Certificates of Fitness have been issued.
7 CHARLES._STREET:.-(1-family) (New owner Lester & Sandra Roush)
sT On site"insgmction noted one rubbish barrel out against house at the
front of the property. Area was clean. Collection day is Friday. Pre-
mises occupied by new owner.
8 MESSERVY STREET (3-family) (Owner Joseph Zelano, Jr. P.O. Box 1064,
Salem) Owner was cited earlier this week. One plastic bag and some
cardboard out at curb. Area around property was clean. Collection day
is Friday. Will mail out.,3 Notices of Vacancy and 3 applications and
copy of City Ordinance re: Certificate of Fitness to owner.
3 MASON STREET (3-family) (Owner John Shea III, P.O. Box 210, Ipswich, Ma
01938) On site inspection noted 3 unregistered motor vehicles, car door,
motor, clothing, and other uncontained trash all around building. Elec-
trical extension cord noted by neighbor extending outside the building to
repair automobiles on record with department. Rubbish day is Thursday.
Enclosed is copy of order sent to owner. Court complaint is being sought.
One unoccupied apartment and notice of Vacancy letter, application and
copy of Ordinance is being mailed to owner for Certificate of Fitness
Inspection
- , SALEM HEALTH-DEPARTMENT
9 North Street -
Salem, MA 01970
David Shea
March 22, 1991
Page :2
18-20 LEACH STREET, (4-families) (Owner Lewis Livermore, 10 Lorraine Terrace,
Marblehead, 01945) Inspection noted accumulation of trash. Ent-to-sed is
copy of Order sant to owner. Court complaint is being issued. Certi-
ficates of Fitness have been obtained for all apartments.
We w;11 let you know when the Court Hearings will be held regarding 18-20
Leach Street and 3 Mason Street, as you may want Lennie or someone else to
be present.
If you have any questions, please contact us.
Very Truly Yours,
FOR THE BOARD OF, HEALTH REPLY TO:
Robert E. Blenkhorn, C.H.O. Virginia Moustakis
Health Agent Sanitarian
REB/cc
encls.
cc: Councillor David Gaudreault
Fire Prevention
Building Dept.
Sys"t55'ya
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BUILDING DEPT
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CITY OF SALCtYt tn.,aaACHUSETTS RE C E I Vr,q
KEVIN T.DALY Legal Department CITY OF S .LLW,t Afjl!)g FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem,Massachusetts 01970 508-921-1990
April 1, 1991
Mr. William P. O'Neill
13 Sunset Road
Salem, MA 01970
Re: 47 Linden Street___3
Dear Mr. O'Neill:
It has come to my attention that 47 Linden Street is
presently being rented to seven unrelated individuals.
Under Salem's Zoning Ordinance only three unrelated persons
may reside in each apartment of a legal two family dwelling.
Accordingly, you are hereby notified to take immediate action in
order to reduce the number of tenants at 47 Linden Street. You
must evict one of the persons residing at that address.
Kindly send written confirmation to this office as to the
action you will take. Thank you for your attention.
Very truly yours,
Kevin T. Daly
City Solicitor
cosgcl6
V
t
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
GERARD KAVANAl1GH �," ONE SALEId GREEN
CITY PLANNER 01970
(617) 744-4580
'4S January 14, 1985
Nina_Kinsella, Et Al
47 Linden Street
1Sal`em;MA-=0 -970
Re: Complaint - 47 Linden Street
Dear Ms. Kinsella:
In response to a complaint, on January 4, 1985, accompanied by Salem Electrical
Inspector John Giardi an inspection was made of the basement and third floor of the
property with the following observations:
1. Although records in the City Assessor's Office indicate the property, through the
year 1984, has been assessed as a single family dwelling, it is in fact currently being used
as a three family dwelling in violation of the City Zoning By-Laws.
2. The upper level unit currently occupied, does not conform to the requirements of
Section 410.025 of Article 1 of the State Sanitary Code due to the fact that kitchen
facilities are not provided.
3. The third floor unit does not have two accessible means of egress in violation of
the Mass. State Building Code Section 609.2.
4. No smoke detectors were evident in the third floor unit, stairway, or basement.
5. Several electrical code violations were noted and these will be forwarded to you,
under separate cover by Inspector Giardi.
In view of the above, you are ordered upon receipt of this notice, to notify the third
floor tenant of these violation, and to discontinue the use of the third floor as a dwelling
unit within thirty (30) days. Please contact me within thirty (30) days for a re-inspection
to assure your compliance.
Sincerel
Y,
0110
m
William H. Munroe 11 rn
Code Inspectorjm
n c
n rt
cc: City Clerkro u
Mr. Caron - Assessors Office
Mr. Giardi - Electrical Dept.
Mr. Lubas - Board of Health / " un
Mr. McIntosh - Building Inspector
Capt. Turner - Fire Prdvention
DUILDINC DEPT
Am 2q 9 20 Ali 191
RECEIVED
CITY OF SALEM,MASS.
April 17, 1991
Mr. Kevin Daly
City Solicitor
Salem, MA 01970
Dear Mr, Daly:
In response-to-your-letter concerning the number of people
living at 47 Linden Street, Salem, Massachusetts, I have informed
the tenants'of the City of Salem's Zoning Ordinance relative to
the number of occupants per apartment.
Accordingly, I have notified the second floor tenants that
eviction proceedings will commence in thirty (30) days unless they
comply with the law by reducing their number to three.
Sincerely,
William P. O'Neill, Jr.
WPO'n:jc
OUILDING D€n
6€C 17 9 1.2 All `99
RECEIVED
PTY OF SALEM,MASS.
Building Inspector
City of Salem
10/18/90
Dear Sir
We the residents of Linden street attended the
nieghborho d meeting with the Mayer and ward councilor Dave
Gaudreault on Wednesday evening 10/1ry/90 concerning a
problem we have with an illegal rooming house.
The property is at 47 Linden street and is owned by
Mr . William O' Neill of 13 Sunsett Rd. Salem.
The property at 47 Linden street is a two family dwelling
which he has rented out to Salem State College students
which consists of males on the first floor , and females on
the second and the attic floors.
We are tired of the parties, the parking problems, the
littering of our street and the abuse we get from these
people.
We have called the Salem Police a number of times over the
past three years about the parties and the police have
responded well and broken them up, but there is only so much
the police can do.
That is why we decided to take advantage of the meeting_ with
the Mayor and find out what- can be done to get Our
neighborhood bac4:: to what it used to be.
At the meeting We were told by the Mayer we had to inform
You in writing of our problem, so we are appealing to you for
some help.
We do [::now that there are too many people than what the law
requires per apartment , and that the house was not inspected
for the necessary rental permits.
We would appreciate your fullest attention on this matter !
Respectively
Name Address
A.-0, 7 - eta �� S/ � •
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
, conniit�'
GERARDCITY
PLANNER ONE SALEM GREEN
CITY PLANNEfl " 01970
(6171 744-4580
January 14, 1985
Nina Kinsella, Et Al
47 Linden Street
Salem, MA 01970
Re: Complaint - 47 Linden Street
Dear Ms. Kinsella:
In response to a complaint, on January 4, 1985, accompanied by Salem Electrical
Inspector John Giardi an inspection was made of the basement and third floor of the
property with the following observations:
1. Although records in the City Assessor's Office indicate the property, through the
year 1984, has been assessed as a single family dwelling, it is in fact currently being used
as a three family dwelling in violation of the City Zoning By-Laws.
2. The upper level unit currently occupied, does not conform to the requirements of
Section 410.025 of Article 1 of the State Sanitary Code due to the fact that kitchen
facilities are not provided.
3. The third floor unit does not have two accessible means of egress in violation of
the Mass. State Building Code Section 609.2.
4. No smoke detectors were evident in the third floor unit, stairway, or basement.
5. Several electrical code violations were noted and these will be forwarded to you,
under separate cover by Inspector Giardi.
In view of the above, you are ordered upon receipt of this notice, to notify the third
floor tenant of these violation, and to discontinue the use of the third floor as a dwelling
unit within thirty (30) days. Please contact me within thirty (30) days for a re-inspection
to assure your compliance.
Sincerely,
William H. Munroe
Code Inspector
jm
cc: City Clerk /
Mr. Caron - Assessors Office ��, 4/a/� Do 61 � OA416D
Mr. Giardi - Electrical Dept. 2 *
Mr. Lubas - Board of Health 'J �fi �'�vd/1. / �/�C��7✓(�
Mr. McIntosh - Building Inspector
Capt. Turner - Fire Prevention
C ,vt�PiM+.� v F Ow A.ejL
��j,.comrtib
(flitV of ",-5aIem, � ttrhueft .._
!rRec .�r' ire �epart menf �'�ea�yuartcra ,AIR
�.
48 ?!afgcfte ,.Erect
Salem �Ua. 01970 n''7C[ei'v'EO
Joseph F. Sullivan CITY O C!t; ,t•,;9SS.
Chief
March 22, 1991
William P. and Elizabeth C. O'Neill RE: 47 Linden Street
13 Sunset Road
Salem, MA 01970
Dear Mr. and Mrs. O'Neill,
As a 'result of complaints received at this office from Mr. Donald Treirblay, 51 Linden St. ,
Salem, MA, and other neighbors during a Ward Five meeting, March 20, 1991, the following
was noted at 47 Linden Street, Salem, MA relative to public safety violations:
1- There are eight (8) poeple living in the house/dwelling all unrelated. This is a
violation of Massachusetts General Law, Cha-ter 140, Section 22.
2- Loose railing along the exterior front stairway.
Items 1 and 2 are being referred to Salem Building Inspector William H. Munroe for further
action.
3- Oil vent on the left side of the building is directly under the window. An oil vent
pipe must be at least two (2) feet away from any openings of a building. This is a
violation of the Massachusetts Fire Prevention Regulaitons, 527CMR4.02 (lOXb) .
4- The Salem Fire Departmnt has no records on file of permits issued for oil burning
equipmnt at 47 Linden St. This is a violation of the Massachusetts Fire Prevention
Regulations, 527CMR4.02 (2Xb) .
5- Because of no issuance of permits for oil burning equipment at 47 Linden Street, oil
delivery has been stopped. This is a violation of the Massachusetts Fire Prevention
Regulation 725CMR4.02 (5) (a) . Both fill pipes have been tagged with a STOP ORDER on
oil delivery. The Bouffard Oil Co. has been notified via telephone relative to the
stop order.
With reference to items 3,4,5 a licensed oil burner technician must file within seven(7)
days the applications to perform the work and bring both systems up to the current code.
Once received this office will perform an inspection and if approved will issue the per-
mits.
6- There are tires against the building, this condition is fire hazard and is a violation
of the Massachusetts General Law, Chapter 148, Section 5.
7- Large accumulation of leaves against the rear exit stairs, if torched, will prevent
egress from the dwelling and if windy cause the burning leaves to travel to neighbor-
ing properties. This is a violation of the Massachusetts General Law, Chapter 148,
Section 5.
Page 1 of 2
RE: - 47, Linden Street, William P. and Elizabeth C. O'Neill. . . . . . . . . . . .
8- Rubbish is being stored against the building(porch) . This is a violation of the
Massachusetts General Law, Chapter 148, Section 5, and the Salem Fire Prevention
Code, Section F304,1. . . . .Containers and location of rubbish storage will conform
with the Salem Fire Prevention Code, Section F-3801.1
Item 7,8,9 are to be corrected by the reinspection date of March 25, 1991. All laws,
regulations listed are included in this correspondence.
Failure to comply with all items will result with further action at the First District
Court, County of Essex.
)? order,
�"7
i Oo ✓/
rman P. LaPointe
Fire Inspector
oc:
Mayor Harrington
Councillor Gaudreault
City Solicitor Daly
Building Inspector Munroe ✓
Health Inspector Moustakis
Civil Defense Dircetor Smedile
Mr. Gill Borges
file
Page 2 of 2
105.4 Notice ofviolation-[ioni Whenever the code
ocial obseryes an apparent or actual viola-
tion of a provision of this code or other codes or
ordinances under the code official's jurisdiction,
the code official shall prepare a written notice of tion from instituting appropriate action to prevent
violation describing the condition deemed unsafe unlawful construction or to restrain, correct or
and specifying time limits for the required repairs abate a violation; or to prevent illegal occupancy
or improvements to be made to render the build- of a building,building or structure in or about any
ing, structure or premises safe and secure. The premises.
written notice of violation of this code shall be
served upon the owner,a duly authorized agent or 10553 Separability clause: That nothing in
upon the occupant or other person responsible for this Code shall be construed to affect any suit
the conditions under violation. Such notice of or proceeding pending in any court,or any rights
violation shall be served either by delivering a acquired,liability incurred,or any cause or causes
copy of same to such person or persons by ordi- of action acquired, or existing, under any code:
nary mail to the last known post office address, nor shall any existing legal right or remedy of any
delivered in person or by delivering it to and character be lost, impaired or affected by the
leaving it in the possession of any person in charge Code. The invalidity of any provision of this Code
of the premises, or in the case such person is not shall not affect the validity of the remaining
found upon the premises,by affixing a copy there- provisions.
of,in a conspicuous place at the entrance door or
avenue of access; and such procedure shall be
deemed the equivalent of personal notice.
1055 Failure to correct violations: If the
notice of violation is not complied with within
the time specified by the code official, the code
official shall request the legal counsel of the juris-
diction to institute the appropriate legal proceed-
ings to restrain,correct or abate such violation or f
to require removal or termination of the unlawful
use of the building or structure in violation of the
provisions of this code or of any order or direction
made pursuant thereto. The police department of
the jurisdiction shall be requested by the code
official to make arrest for any offense against this
code or orders of the code official affecting the
immediate safety of the public.
1055.1 Penalty for violations: Any person,
firm or corporation violating any of the
provisions of the code or failing to comply with any
order issued pursuant to any Section thereof,shall
be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine or by imprison-
ment as provided in the appropriate court for each
offense. Each day that a violation continues,after
a service of notice as provided for in this code,
shall be deemed a separate offense.
105.51 Correction of violation required: The
imposition of the penalties herein described
shall not prevent the legal officer of the jurisdic-
1
140 § 21F LICENSES
Cross References
Organizations to which this section is not applicable, see section 21E of this chap-
ter.
LODGING HOUSES
§ 22. Definition
"Lodging house as used in sections twenty-two to thirty one,
inclusive, shall mean a house where lodgings are let to four or more
persons not within the second degree of kindred to the person con-
ducting it, and shall include fraternity houses and dormitories of edu-
cational institutions, but shall not include dormitories of charitable or
philanthropic institutions or convalescent or nursing homes licensed
under section seventy-one of chapter one hundred and eleven or rest
homes so licensed, or group residences licensed or regulated by agen-
cies of the commonwealth.
Amended by St.1960, c. 740 ; St.1965, e. 171 ; St.1973, c. 481.
Historical Note
St.1918, c. 259, § I.
St.19G0, c. 740, approved Oct. 29, mock- St.1973, c. 481, approved June 29,
fied term "lodging house" to exclude 1973, modified the definition of "Lodgin
convalescent or nursing horns licensed house" by substituting "four" in lieu of
under c. 111, § 71, or rest homes so li "five" or dding
tile wordsl-oregroup persoresidences s, and Sli:censed
tensed.
St.1965, c. 171, approved March
or regulated by agencies of the conunon-
18, Nvealth" at the end thereof.
1965, extended term "lodging house" to
include fraternity houses and dOrmitO-
ries of educational institutions.
Cross References
Automatically closing and locking doors in certain apartment houses, see e. 143,
P
• § 3R.
Innholders' licenses, form of, see section 3 of this chapter.
Inspection of premises, see section 25 of this chapter.
equired of innholders or keepers of lodging houses,
Reports to registrars of voters, r
see c. 51, § 10A.
Law Review Commentaries
Regulation of buildings and facilities.
Richard G. Huber, G Annual Survey
of
Dlass.Law, Boston College, p• 124
m.. ,, Giafnrences
The marshal or the head of a fire department to whom he may
delegate authority, shall make an inspection every three months of
institutions as defined by the state building code, licensed by and under
the supervision of the department of public health, or licensed by the
department of public welfare, and shall make a report of such inspection
to each such department on forms submitted to the marshal by such -
department for this purpose. Said marshal or such head of a fire
department shall also make an inspection every three months of the
premises specified in innholder's licenses issued under chapter one
hundred and forty.
SECTION 5. Entry Upon Premises and Removal of Combustible
Materials Regulated; Penalty.
The marshal, the head of the fire department or any person to whom
the marshal or the head of the fire department may delegate his authority
in writing may, and upon complaint of a person having an interest in any
building or premises or property adjacent thereto, shall, at any reasonable
hour, enter into buildings and upon premises, which term for the purposes
of the remainder of this section shall include alleys,adjacent thereto;
within their jurisdiction and make an investigation as to the existence of
conditions likely to cause fire. They shall, in writing, order such
conditions to be remedied, and whenever such officers or persons find in
any building or upon any premises any accumulation of combustible
rubbish including, but not limited to, waste paper, rags, cardboard, string,
packing material, sawdust, shavings, sticks, waste leather or rubber,
broken boxes or barrels or any other refuse or useable materials that is or ,^..
may become dangerous as a fire menace or as an obstacle to easy ingress
into or egress from such buildings or premises, they shall, in writing, order
the same to be removed or such conditions to be remedied. Notice of
such order shall be served upon the owner, occupant or his authorized
agent by a member of the fire or police department. If said order is not
complied with within twenty-four hours, the person making such order, or
any person designated by him, may enter into such building or upon such
premises and remove such refuse or any useable materials or. abate such
conditions at the expense of such owner or occupant. Any expense so
incurred by or on behalf of the commonwealth or of any city or town,
shall be a lien upon such building or premises, effective upon the filing in
the proper registry of deeds of a claim thereof signed by such person and
setting forth the amount for which the lien is claimed; and the lien shall
be enforced within the time and in the manner provided for the collection
of taxes upon real estate. Any such owner or occupant who fails or
refuses to comply with said order shall be punished by a fine of not more
than fifty dollars for each consecutive forty-eight hours during which
such failure or refusal to comply continues.
SECTION 5A. Use of Certain Types of Space Heaters in Certain
Buildings Prohibited.
No person shall use or allow to be used, sell or offer for sale any .
unvented liquid fired space heater. Whoever violates the provisions of_. ..
this section shall be punished by a fine of not more than one hundred
dollars.
6
SECTION 26 H. Requiring Automatic Sprinklers in Boarding Houses.
In any city or town which accepts the provisions of this section, every
lodging house or boarding house shall be protected throughout with an
adequate system of automatic sprinklers in accordance with the provisions
of the state building code. No such sprinkler system shall be required
unless sufficient water and water pressure exists. In such buildings or in
certain areas of such buildings, where the discharge of water would be an
actual danger in the event of a fire, the head of the fire department shall
permit the installation of such other fire suppressant systems as are
prescribed by the state building code in lieu of automatic sprinklers. The
head of the fire department shall enforce the provisions of this section.
For the purposes of this section "Lodging house" or "boarding house"
shall mean a house where lodgings are let to six or more persons not within
the second degree of kindred to the person conducting it, but shall not
include fraternity houses or dormitories, rest homes or group residences
licensed or regulated by agencies of the commonwealth.
Any lodging or boarding house subject to the provisions of this section
shall be equipped with automatic sprinklers within five years after
acceptance of this act by a city or town.
Whoever is aggrieved by the head of the fire department's
interpretation, order, requirement or direction under the provisions of this
section, may within forty-five days after the service of notice thereof,
appeal from such interpretation, order or requirement to the board of
appeals of the fire safety commission as provided in section two hundred
and one of chapter six.
SECTION 261. In a city, town or district which accepts the provisions of j
this section, any building hereafter constructed or hereafter substantially
rehabilitated so as to constitute the equivalent of new construction and
occupied in whole or in part for residential purposes and containing not
less than four dwelling units including, but not limited to, lodging houses,
boarding houses, fraternity houses, dormitories, apartments, townhouses.
condominiums, hotels, motels and group residences, shall be equipped with
an approved system of automatic sprinklers in accordance with the
provisions of the state building code. In the event that adequate water
supply is not available, the head of the fire department shall permit the
installation of such other fire suppressant systems as are prescribed by the
state building code in lieu of automatic sprinklers. Owners of buildings
with approved and properly maintained installations may be eligible for a
rate reduction on fire insurance.
SECTION 2. Section 34 of said chapter 148, as appearing in the 1988
Official Edition, is hereby amended by striking out, in lines 2 and 4, the
word "fifty" and inserting in place thereof, in each instance, the words:-
one hundred.
SECTION 3. The provisions of section one shall not apply to construction
projects• approved by permit within one year prior to acceptance of this
act by a city, town or district.
SECTION 27. Penalty.
Any owner of a building who, within six months after having received
an order from the marshal under section twenty-six, fails to comply with
24
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
527 CMR 4.00: OIL BURNING EQUIPMENT
Section
4.01: Scope
4.02: General Regulations Applicable to all Installations
4.03: Regulations Applicable to Oil Burners, Light Fuel Oil Type
4.04: Regulations Applicable to Oil Burners, Heavy Fuel Oil Type
4.05: Range Oil Burners
4.06: Room Heaters, Water Heaters and Miscellaneous Oil Burning Equipment
4.01: Scope
These rules shall not apply to fuel oil burners installed in steam boilers of
nine (9) horsepower and over and operated above 15 PSI both conditions existing
based on M. G. L. Chapter 146, Section 48, Licenses of Engineers and Firemen,
but shall apply to the fuel oil storage tank, installation of tank, permit or
license in connection therewith.
4.02: General Regulations Applicable to all Installations
(1) Definitions and Classifications. For the purpose of these rules and
regulations, the following words shall have the meanings respectively assigned
to them:
Alteration. An addition or major change in an oil bumer installation which
significantly changes the combustion characteristics or any change made in
the grade of fuel oil used.
Approved. Approved by the state fire marshal or a recognized testing
r
laboratory acceptable to the marshal.
Chimney. A shaft which is primarily vertical and constructed of masonry,
reinforced concrete, or other approved materials, which enclose one or more
flues for the removal of the products of combustion.
Flue. A passageway, which is primarily vertical, for the removal of the
products of combustion.
Fuel oil burner. A device which atomizes or vaporizes the fuel oil, mixes it
with air and ignites the fuel-air mixture.
floor furnace. A self-contained heating appliance suspended from or
contained within the floor of the space to be heated, with means of
observing the flames and lighting the furnace from such space.
gravity feed burner. A burner in which the delivery of fuel oil at the
burner depends upon gravity.
Heavy fuel oil burner. Any burner approved for use with any oil used as
a fuel complying with specifications under Commercial Standards of
Grades No. 4, No. 5 and No. 6.
Light fuel oil burner. Any burner approved for use with any oil used as a
fuel complying with specifications under Commercial Standards of
Grades No. 1 and No. 2.
power burner. Any bumer other than a gravity feed or pressure feed
burner.
pressure feed burner. A burner in which the delivery of fuel oil at the
burner depends upon the expansion of air in the reservoir through the
application of pressure supplied by a manually-operated pump.
range oil burner. A gravity-feed sleeve-type oil burner having
nonadjustable wicks designed for installation in a stove used primarily
for cooking.
space heater. A heating appliance located entirely above the floor,
without external heating pipes or ducts, for the direct heating of the
space in and adjacent to that in which the device is located.
unit heater. A heating appliance which consists of a combination of
heating element and fan that have a common enclosure, and is placed
-.. within or adjacent to the space to be heated.
12/31/86 - 527 CMR - 27
4.02: continued -
Fuel oil, light. Oil of grades No. 1 and No. 2 as established in accordance
with General Laws, Chapter 94, section 249-H.
Fuel oil, heavy. Oil of grades Nos. 4. 5 and 6 as established in accordance
with General Laws, Chapter 94, section 249-H.
Heat reclaimer. A device installed in or affixed to the smokepipe and which
is used to extract additional heat from the product of combustion.
Lowest story. A basement or cellar; or, if there is no basement or cellar,
the first story.
Marshal. The State Fire Marshal.
Oil burner installation. An oil burner with electrical or mechanical
operating and safety controls including electrical wiring, oil storage tank
and oil supply lines assembled as a unit.
Permit. Any permit required by these rules and regulations and issued by the
head of the fire department under the authority of M.G.L. c. 148, s. 10-A,
23, 24.
Smokepipe. A pipe or breeching which is primarily horizontal and connects
a heating appliance with a flue.
Smokestack. A flue of metal or masonry to which one or more smokepipes
are connected.
Solid-fuel/fuel-oil fired boiler or furnace. A single heating structure, often
classified as a "multi-fuel" or "dual fuel' boiler or furnace, wherein coal or �^
wood may be burned in one compartment and oil in another. or where the
solid and liquid fuels are used in conjunction with one another. -�
Tank, Storage. A tank which may be located in the building or outside
aboveground or underground, in which the supply of fuel oil on the premises
is stored.
Gravity tank. A supply tank from which the oil is delivered directly to
the burner by gravity.
Storage and supply tank. A separate storage tank directly connected to
the burner by piping.
Supply tank. The fuel reservoir from which the oil is directly fed to the
burner by means of pipe or tubing.
Vacuum tank. A supply tank which maintains a definite level of oil in a
sump or similar receptacle by means of barometric feed for delivery to
the burner by gravity.
(2) Approval of Oil Burner. Equipment Permits and Certificates.
(a) Installation. All fuel oil burners and all equipment in connection
therewith shall be installed and maintained in accordance with these rules
and regulations.
(b) Permit to Store. Fuel oil in excess of 10 gallons used in connection
with an oil burner shall not be stored in or adjacent to any building or other
structure without a permit as provided in 4.02(2)(i). The head of the
department may grant a temporary permit for the keeping and use of fuel
oil under such terms as he may prescribe.
No fuel oil burner shall be installed in a solid/liquid fuel burning central
heating boiler or warm air furnace in any building or other structure without
a permit first having been obtained from the head of the fire department.
(c) Burner Approval. A fuel oil burner shall not be installed unless the
burner has been approved by the fire marshal. Every approved burner shall
have securely affixed thereto a readily visible metal plate or tag or other
permanent label certifying that the burner has been approved by the
marshal. Said certification shall also bear the name of the burner, the
approval number and the date of the approval as issued by the marshal. The
12/31/86 - 527 CMR - 28
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
4.02: continued
use of any other name for the burner must be registered with the marshal.
(d) Application for Approval. Each application for approval of an oil
burner shall be accompanied by complete assembly drawings and
specifications descriptive of the oil burner to be approved; and, in addition,
the marshal may require that the oil burner or any part
thereof be furnished or be further examined under such conditions as he may
direct. A new application for approval must be filed whenever there is any
change in the model or design of an oil burner as described in the original
application.
(d) Application for Approval. Each application for approval of an oil
burner shall be accompanied by complete assembly drawings and
specifications descriptive of the oil burner to be approved; and, in addition,
the marshal may require that the oil burner or any part thereof be furnished
for further examination under such conditions as he may direct.
Each application for approval of a solid-fuel/fuel-oil fired boiler or
furnace shall be accompanied by complete assembly drawings and
specifications descriptive of the make and model to be approved; and, in
addition, the Marshal may require that model to be examined under such
conditions as heanay direct.
(e) Marshal's Approval. A device or equipment not described in the original
application for approval shall not be installed nor connected to any oil
burner unless it provides a substantially equivalent degree of safety and is
consistent with good engineering and industry practice, or approval has been
obtained from the marshal..
(f) Automatic Shut Off. Any fuel oil burner for which a competent
attendant will not be CONSTANTLY on duty in the room where the burner is
located, while the burner is in operation, shall be provided with an approved
automatic means to prevent abnormal discharge of oil.
(g) Application to Install. No persons shall make an oil burner installation
or alter any fuel oil burner without making application to the head of the
fire department and obtaining a permit therefor. Such application shall set
forth the name of the owner or occupant of the building or other structure,
the person or company who proposes to make the installation of such
equipment and the address where such installation is to be made. Upon
affirmation that the installation or alteration will be made by a certified oil
burner technician and submission of evidence that the fuel oil burner to be
installed or altered has been approved by the marshal, the head of the fire
department shall grant a permit authorizing such installation or alteration.
If an oil burner installation or alteration is made under emergency
conditions, said application shall be made within a reasonable time
thereafter as conditions allow.
(h) Maximum Fuel Allowed Without a License. In accordance with the
provisions of General Laws, Chapter 148, Section 13, as amended, the Board
of Fire Prevention Regulations hereby prescribes ten thousand (10,000)
gallons of light fuel oil or ten thousand (10,000) gallons of heavy fuel oil as
the maximum amount of fuel oil that may be kept for use in a building or
other structure without a license and registration or either of them,
provided that a permit has been obtained and provided that the tank
installation is in accordance with these rules and applicable rules of 527
CMR 9.00.
(i) Certificate of Completion. The person or persons making the
installation or alteration shall within 72 hours (excluding Saturday, Sunday
and holidays) after test-firing the burner file with the head of the fire
department a certificate of completion on a form provided by the Marshal.
Such certificate shall set forth the following:
1. The trade name and manufacturer of the fuel oil burner.
2. The number of the approval issued by the marshal.
3. The heaviest grade and type of fuel oil to be used.
4. The capacity of the fuel oil storage tank in gallons.
5. Any special requirements that apply to the particular type of fuel oil
burner installed or altered.
6. Assurance of compliance with these rules and regulations.
7. Assurance that proper operation and maintenance instructions have
been furnished to the owner or occupant.
12/31/86 527 CMR - 29
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
4.02: continued
8. The name and address of the owner or occupant of the premises
where the installation or alteration was made.
9. The name and certificate number of the certified oil burner
technician who made the installation or alteration.
10. The final results of a combustion test including the percentage of
carbon dioxide or oxygen at breeching, draft or pressure measurement
over the fire and at the breeching, the Bacharach smoke density number,
the net stack temperature and the nozzle size.
Upon receipt of such certification of completion, the head of the fire
department shall make an inspection of the installation or alteration within
a reasonable time: and if same is found to be in accordance with these rules
and regulations, he shall issue to the owner or occupant a permit for the
keeping, storage and use of fuel oil in connection therewith, except where
such storage is otherwise authorized by license; provided. however, that if ;
such installation is found not to be in accordance with these rules and
regulations, the permit shall be withheld and.shall not be issued until the
proper corrections have been made as ditected.' by written notice if
requested, within a reasonably specified time.
(j) Certificate of Competency. See M. G. L. Chapter 148, Section 10D, and
the applicable provisions of Chapter 680 of the Acts of 1964.
(k) Exposure to Fire. If any oil tank, oil burner, oil burner control or wiring
related to an oil burner has been exposed to fire and is suspected of being
damaged, the entire installation shall be made inoperative by the head of
the fire department who shall so notify the owner or occupant of the
building or structure. Said installation shall not be operated until approved
by the head of the fire department.
(3) Fuel Oil.
(a) The grade of fuel oil used for any fuel oil burner shall be one which tests
and experience have shown to be suitable for use with that burner, but in no
case shall the grade of fuel oil be heavier than that for which the burner has
been designed or adjusted.
(b) The fuel oil shall have a flash point of not less than one hundred fifteen
(115) degrees Fahrenheit, as determined by the Pensky-Martens closed
tester in accordance with the standard method of test.
(4) Gravity Feed to Burners. Gravity feed shall be used only with a burner
arranged to prevent abnormal discharge of oil at the burner by automatic means
specifically approved for the burner in which it is used.
(5) Fuel Oil Delivery.
(a) Fuel oil shall not be delivered to any storage tank unless the deliverer
has knowledge that a permit has been obtained in accordance with 527 CMR
4.02(2)(b) and that such a permit is in effect at the time of delivery. Such
knowledge may be considered to consist of any of the following:
1. Verification by the head of the fire department that such a permit is
in effect.
2. Written verification from the owner or customer that the permit is
either in his possession or is posted on the premises.
3. Observation that such a permit is in the possession of the owner or
-customer, or is posted on the premises.
4. Fuel oil equal to the maximum capacity of the storage tank may be
delivered without such a permit being in effect whenever an oil burner
installation is first made provided that an application has been made in
accordance with Rule 4.02(2)(g).
(b) Fuel oil shall not be delivered to a storage tank by means of a pump or
under pressure in any case where a tight connection is made between the
discharge line and the tank inlet, unless such storage tank is designed to
withstand the additional stress to which
it may be subjected or unless the vent pipe for such tank is of sufficient size
to relieve the tank of any undue pressure as provided in Rule 4.02(10)(a).
Such delivery shall be made only by the owner, operator, or duly authorized
employee who shall remain at the fill point during the entire operation.
12/31/86 - 527 CMR - 30
feet (22860 mm) from any structure and 303.2 Permit required: Prior to the use of any
provisions shall be made to prevent the fire from approved heat producing device to remove
spreading to within to within 75 feet(22860 mm) paint from a building or structure a permit shall
of any structure. Fires in approved containers be secured from the code official.
shall be permitted to be not less than 25 feet(7620
mm)from any structure. SECTION F-304.0 ACCUMULATIONS OF
F301.8 Open burning stipulations:Openburn- WASTE
ing shall not be used for waste disposal pur- 304.1 General: Accumulations of waste
poses, shall be of the minimum size for the E paper,wood,hay,straw,weeds,litter or com-
intended purpose,and the fuel shall be chosen to bustible or flammable waste or rubbish of any kind
minimi the generation and emission of air con- shall not be permitted to remain upon any roof or
taminants. in any court,yard,vacant lot, alley,parking lot or
301.9 Open burning attendance: Any open open space,beneath a grandstand, pier,wharf or
burning shall be constantly attended by a other similar structure. All weeds,grass,vines or
reasonable person until the fire is extinguished. other growth,when same endangers property,or
Fre extinguishing material shall be made avail- is liable to be fired,shall be cut down and removed
able for immediate use. by the owner or occupant of the property. All
301.10 Open burning prohibited: The code combustible rubbish, oily rags or waste material
JV official shall prohibit open burning which will when kept within a building, shall be stored in
be offensive or objectionable due to smoke or approved metal containers. Storage shall not
odor emissions when atmospheric conditions or produce conditions which in the opinionandjudg-
local circumstances make such Gres hazardous, ment of the code official will tend to create a
The code official shall order the extinguishment, nuisance or a hazard to the public health,safety or
by the permit holder or the fire department,of any welfare.
open burning which creates or adds to a hazard-
ous or objectionable situation. SECTION F-305.0 MATERIALS STORAGE l^
1,
305.1 General:The storage of combustible or
SECTION F-302.0 DISCARDING BURNING flammable material shall be confined to ap-
OBJECTS PROHIBITED proved storage areas.
302.1 General:A person shall not deposit hotg� 305.2 Permit required: A person shall not
ashes or cinders, or smoldering coals, or 1` store in any building or upon any premises in
greasy or oily substances susceptible to spon- excess of 2,500 cubic feet(70 m3)gross volume of
taneous ignition into any combustible receptacle, combustible empty packing cases, boxes, barrels
or place the same within 10 feet(3048 mm)of any or similar containers; or rubber tires, baled cot-
combustible materials, except in metal or other ton, rubber, cork or other similarly combustible
noncombustible covered receptacles. such recep- material without having obtained a permit from
tacles,unless resting on a noncombustible floor or the code official.
on the ground outside of the building, shall be 3053 Inside storage: Storage in buildings
placed on noncombustible stands and in every Fand structures shall be orderly, shall not be
case shall be kept at least 2 feet (610 mm) away within 2 feet (610 mm) of the ceiling,and located
from any combustible wall or partition,or exterior so as not to obstruct egress from the building.
window or door opening. 305.4 Outside storage:The outside storage of
combustible or flammable materials shall not
SECTION F-303.0 TORCHES FOR be more than 20 feet(6096 mm)in height and shall
REMOVING PAINT be compact and orderly. Such storage shall be
303.1 General:No person shall use a torch or located as not to constitute a hazard and not less
other flame producing device for removing than 25 feet(7620 nun)from any other building on
paint from any building or structure. the site or from a lot line.
ARTICLE 38
RUBBISH HANDLING
d161C®A ��1!'9 storing rubbish that has been conveyed to it by a
A V 6� NG rubbish chute, pneumatic conveying system, or
other conveyer prior to the rubbishes incineration,
SECTION F-3800.0 GENERAL compaction or containment and removal from the
E3800.1Definitions: building.
(a)"INCINERATOR"shall mean any unit used e.)"SHREDDER"shall mean any device used for
for the burning of ordinary combustible wastes the shredding of waste.
and garbage. Incinerators can be self contained (.)"WASTE COMPACTOR" shall main any
or factory built. They can be encased,or placed device using electrical, hydraulic or mechanical
into concrete or other masonry material as a wall means to reduce the volume of waste and package
or chimney. it into a smaller unit of size.
1)Domestic-Those incinerators having a firebox 1) Domestic - Those small scale compactors
or charging compartment of not over 5 cu. ft used for the purpose of reducing family generated
(.15m)of furnace volume. waste,in apartments and single family homes.
2)Commercial/Industrial Those incinerators 2) Commercial/Industrial - Those larger scale
having a furnace volume in excess of 5 cu. ft. incinerators used for the purpose of reducing
(.15m). multi-family generated wastes, or in other Com-
b.)"RUBBISH"shall mean any fragmented com- mercial and industrial occupancies as a primary
bustible material regardless of value, and any waste reduction system.
combustible waste material, including floor 38002 Permits required: a.) The owner or
sweepings, paper packing, upholstery materials, lessee of any premises shall obtain a permit,if
cardboard, shavings, wood scrap, furniture, for a period exceeding 24 hours, he keeps,stores
equipment which is kept, handled, or stored for or handles combustible rubbish on the premises
repair, hay, straw, grass, combustible fiber in an amount exceeding 3 cubic yards. In deter-
materials, clothing, bed clothing, furnishings mining if the amount exceeds 3 cubic yards, the
which are kept, handled or stored for cleaning, rubbish shall be measured in uncompacted form.
garbage consisting of animal and vegetable waste, b.) Permits for approved metal rubbish con-
human and animal remains consisting of carcas- tainers which can be moved only with mechanical
ses, organs, by-product waste from industrial assistance shall state the locations at which the
operations, mixtures of any of these, or similar permits may be exercised and shall require that
combustible materials in any proportions. the containers be identified and marked.
c.)"RUBBISH ROOM" shall mean a room c.) The owner of any container that requires
separated from the remainder of the building by a mechanical assistance to move it and which is used
fire separation having at least a two hour fire for keeping,handling,or storing combustible rub-
resistive rating, where such a room is used for bish,shall obtain a permit to place a container in
storing,containing or compacting rubbish prior to locations other than the premises or vehicles
its removal from the building. owned or under the control of the containers
d.)"REFUSE VAULT" shall mean a room owner.
separated from the remainder of the building by a3800.3 SPECIAL HAZARD RUBBISH: a.)
fire separation having at least a three hour fire FHOt coals,cinders,hot scrap metal,and similar
resistive rating, where such a room is used for substances shall not be deposited in combustible
containers or kept or stored so as to ignite com- a removable cover which shall be kept in place
bustible material. such substances shall not be unless the container is being filled or emptied.
mixed with combustible rubbish or stored in the c.) Approved metal rubbish containers, includ-
same containers. Such substances shall be kept, ing those which are part of a compactor unit,and
handled, or stored inside buildings only in non which require mechanical assistance to be moved,
combustible receptacles approved for the pur- shall be provided with an approved means of ac-
pose and at approved locations. Such substances cess to their interior. They shall have an approved
shall be kept,handled or stored outside of build- Fire Department connection through which water
ings at approved locations so that the substances may be introduced, in an approved manner, for
cannot ignite buildings on the premises or ad- extinguishing fire. Containers which are not part
jacent premises and will not endanger people. of a compactor unit shall not be required to have
b.)Substances subject to spontaneous heating or the additional openings or hose connections for
igniting, such as oily or greasy rags, or other fire extinguishment, if they are provided with a
materials or combinations of materials, shall not cover to make the contents accessible during
be deposited in combustible containers or so kept firefighting operations. The cover of such a con-
or stored as to ignite combustible material. Such tainer shall remain closed except when the con-
substances shall not be mixed with combustible tainer is being filled or emptied.
rubbish or stored in the same containers. Such d.) Such containers shall not be placed at any
substances shall be kept in approved receptacles location as to become an obstacle to the egress of
when not in use. They shall be handled or stored persons from buildings or to vehicle traffic or as
only in approved receptacles at approved Iota- to obstruct operations of the Fire Department
tions,in doors or outdoors. personnel during a fire or other emergency.
c.) Materials such as those compounded with e.) The required marking of containers shall
hazardous chemicals which tend to be reactive include the name,address,andtelephone number
with other materials shall not be mixed with com- of the owner,or of an agent acting for the owner,
bustible rubbish or kept,handled,or stored in the including a telephone number from which emer-
same containers. Such materials shall be kept or gency service to expedite movement of the con
stored in approved materials only. Hazardous twiner can be obtained.
waste must be disposed of in accordance with the 38012 Fire protection compactors: a.) All
State D.E.P. (Department of Environmental Fcompactor containers that are located outside
Protection)list in Appendix A. of a building in a location which,under fire condi-
tions, could create a hazard to the occupants or
SECTION F-3801.0 Containers the building,that are of such size that mechanical
3801.1 Containers and compactors:a.)Loose assistance is necessary to move them, or that are
combustible rubbish or rubbish in combustible located within buildings,shall be located in auto-
containers shall not be kept,handled,or stored in matic sprinkler areas. The compactor hopper of
any building for more than 24 hours except in a such units shall be protected by automatic
rubbish storage room conforming to the require- sprinklers, approved for the purpose, unless the
ments of this Article. Loose combustible rubbish sprinkler system protecting the area has been
or rubbish in combustible containers may be kept, designed to provide protection for the compactor
handled,or stored on premises outside of build- hopper.
ings,but only at approved locations in approved b.)All compactor container units which can be
metal rubbish containers. Otherwise,loose com- moved in and about buildings without mechanical
bustible rubbish or rubbish in combustible con- assistance shall have Fire extinguishers attached
tainers;maybe kept,handled,or stored outside of to them in numbers, types and sizes required by
buildings only on premises which conform to the the Head of the Fire Department.
requirements of the authority having jurisdiction. c.) All compactor container units which can be
b.)Approved metal rubbish containers when are moved without mechanical assistance shall,at the
small enough to be moved by one man shall have end of each rubbish collection cycle,be emptied,
t o�1LJIAi_r, I�Ery�.
NOY
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH CITYDECEIVED
9 North Street Ofi S7:L E11,°'d SS
ROBERT E. BLENKHORN Salem,Massachusetts 01970
HEALTH AGENT
508-741-1800
November 18, 1991
Mr. William P. O'Neill, Sr.
13 Sunset Road
Salem, MA 01970
Dear Mr. O'Neill:
Complaints have again been received relative to your property at,47 LINDEN STREET,—
in the City of Salem Massachusetts.
Complaintants stated that the trash barrels are being left out all weekend after
the Friday collection day and are not being stored in proper location in .the rear
yard, in violation of State Sanitary Code Chapter II, 105 CMR 410.000.
Kindly take immediate corrective action within 24 HOURS to inform your tenants
of the proper procedures as set forth in Salem District Court.
Please be advised that if further complaints are received, more stringent action
must be taken in this long standing, on-going matter.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO
RoArt E. Blenkhorn, C.H.O. _ Virginia E. Moustakis
Health Agent Sanitarian
VEM/BAS
cc: Fire Prevention
Building Inspector
Certified Mail P 417 244 867
08 (Up i f Oaftm, JVaggacbU!5ettg
���` �'o Public Propertp Mepartment
0�a ;;18,, jguilbing Mepartment
One ipalem Orten
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 23, 1991
William O'Neil
13 Sunset Road
Salem,MA 01970
RE: 47 Linden Street
Dear Mr. O'Neil,
Regarding our meeting on Friday, July 19, 1991 at the above
referenced property, please be advised that the third floor attic
area must be vacated.
This space is not habitable according to the definition of the
Mass State Building Code, fourth edition. If you need further assistance
regarding this matter please contact me at this office.
Singly,
�lll`G2�u��/�vuy
David J. Harris
Assistant Building Inspector
DJH/eaf
cc: City Solicitor
Ward Councillor
Board of Health
1V ;7 3,5- 03 -W �d
&117
a�x�
A ICATION ❑ ADULT NUMBER Trial Court of Massachusetts
FO. C MPLAINT ❑ JUVENILE District Court Department
❑ -.RE _ HEARING L SUMMONS L� WARRANT COURT DIVISION
Th wit in named complainant requests that a complaint issue against the within ;:klefn OiSli-t Gout
na edetendant, charging said defendant with the offense(s) listed below. 35 W 3siruni Ton Street
DAIV.0 APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE �aiE•.RI, Mum V'97G
5/4/94 4184 47 Linden Street, Salem
NAME OF COMPLAINANT
City Of Salem, Inspector of Buildings NO. OFFENSE G.L.Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT
City of Salem, Inspector of BuiiAAW t, Violat8on City of Salem
One Salem Green Zoning Ordinance SeC.3-1(3)
Salem, MA 01970 Salem Zoning Ordinance
- 2. Art.2-2 Definitiom of Family
NAME.ADDRESS AND ZIP CODE OF DEFENDANT
William O'Neil
13 Sunset Road 3.
Salem, MA 01970
4.
NG
COURT USE A hearing upon this complaint application DATEOFHEA� TIMEOFHEARING COURT USE
'
ONLY will be held at the above court address on � AT X-2 4f i/ 4---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. -5250. Marijuana,gun,etc.
t .
2
3
4
OTHER REMARKS:
Has fined to respond to correspondence and is in violation of the City of Salem
Zoning Ordinance.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
GATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME
� 3L/ 3y5
or
l�
� l CaV --ro g- lo - 9 �
DC CR2(3188) 0 {/
DOCKET DOCKET NUMBER ATTORNEY NAME
4436 CR2435 El Waived
COU RT.DIVISIO[J '
❑ Retained
SALEM NAME,ADDRESS AND ZIP CODE OF DEFENDANT ❑ Assigned
TERMS OF RELEASE
William P. O'Neill Jr.
13 Sunset Rd. DATE PROCEEDING
Salem,MA. 01970 ❑ Arraigned before J.
❑ Advised of right to counsel
❑ Advised of right to drug exam
DEF. DOB AND SEX OFFENSE CODE(S) ❑ Advised of right to bail review
N A 2168 ❑ Advised of right to E.I. Jury Trial
DATE OF OFFENSE PLACE OF OFFENSE ❑ Waives ❑ Requests F.I. Jury Trial
M A 47 Linden St. ❑ Advised of alien rights
COMPLAINANT POLICE DEPARTMENT(if applicable) ❑ Warrant issued ❑ Default warrant issued
Y iiUc1 M011HCd$i8 CiV COm Salem ❑ Default removed ❑ Warrant recalled
DATEOFCOMPLAINT RETURN DATEANDTIME Sf10144 ❑ Warrant issued ❑ Default warrant issued
7 944 m' ?' at m PM ❑ Default removed ❑ Warrant recalled
COUNTOFFENSEFINE SURFINE COSTS TOTAL DUE
A. STATS SAbaTARY CODS
DATE PLEA IMPRISONMENT AND OTHER DISPOSITION
Not Guilty n Guilty n Nolo
New Plea: G Admits suff.facts
FINDING JUDGE
FINAL DISPOSITION DATE
Appeal of findingddispl: ❑ Discharged from probation
Appeal of fintl.8 disp. _� Appeal of disp. - Dismissed at request of probation
COUNT OFFENSE FINE (SURFINE COSTS TOTALDUE
DATE PLEA IMPRISONMENT AND OTHER DISPOSITION
Not Guilty _ Guilty = Nolo
New Plea: Admits suff. facts
FINDING JUDGE
I FINAL DISPOSITION DATE
Cont.wlo finding until: - Discharged from probation
Appeal of fintl.&disp. Appeal of disp. 1 Dismissed at request of probation
COUNT OFFENSE FINE SURFINE COSTS TOTALDUE
DATE PLEA IMPRISONMENT AND OTHER DISPOSITION
Not Guilty Guilty _ Nolo
New Plea: = Admits suff. facts
FINDING JUDGE
Cont.w/o finding until: FINAL DISPOSITION DATE
Discharged from probation
Appeal of find.E disp. L Appeal of disp. Dismissed at request of probation
COUNT OFFENSE FINE SURFINE COSTS TOTAL DUE
DATE PLEA IMPRISONMENT AND OTHER DISPOSITION
Not Guilty Guilty -- Nolo
New Plea: Admits suff.facts
FINDING JUDGE
FINAL DISPOSITION DATE
-- Cont.wlo finding until Oischargetl from probation
Appeal of find.&tlisp. Appeal of disp. _I Dismissed at request Of probation
CONT TO PURPOSE CONT.TO PURPOSE DATE TAPE NO. START STOP
❑ SEE REVERSE SIDE FOR DOCKF T FNTRIFS OF MnTTn NS nACF NnTV¢ANn nTUFo AITlnNf
�P (fitU of Ohl= Massar4usetts
� << Public Propertg Department
$uilbing Department
(One Belem (6reen
508-745.9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 11, 1994
William O'Neil
13 Sunset Road
Salem, MA 01970
RE: 47 Linden St.
Dear Mr. O'Neil:
This office has received a complaint which alleges you are renting an
apartment on the third floor of the above referenced property. According
to the records on file in this office this property is a legal two (2)
family dwelling. Also, it has been alleged that there (9) unrelated
persons living in this building. Please be advised that this property is
located in the Residential Two Family District (R-2) and the renting of
more than three (3) unrelated persons in each apartment is a violation of
the City of Salem Zoning Ordinance and such use must be discontinued at
once.
Please contact this office upon receipt of this notice and inform us
of your course of action in this matter. Failure to comply will result in
the appropriate legal action being taken.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
CC: Councillor Gaudreault, Ward ,
\471ndn\
ArtIII SALEM ZONING ORDINANCE ESTABLISHMENT OF DISTRICTS
ARTICLE III.ESTABLISHMENT OF mobile business needs related to the cen• r
DISTRICTS tral development district.
(8) I Districts: Industrial districts are intended
to be those areas highly suitable forindus-
Sec. 3.1. Types of districts. trial use by reason of topography,accessi-
bility and proximity to major transporta-
For the purposes of this ordinance, the City of tion systems.
Salem is hereby divided into the following types (9) B-5 District: Central development district
of use districts:
is intended to be a composite district of
1) R-C Districts: Residential-conservation dis- major businesses, residential use and civic
tricts are intended to be areas in which,by and cultural use.
reason of poor drainage,periodic flooding,
rocky terrain, steep slope, or the practical (10) Business Park Development Districts: Busi-
difficulties of servicing such areas with ness Park Development Districts are in-
public water or sewerage,only agricultural tended to be those areas within which clean
and scattered residential uses should be per- business and industry are developed.
mitted.
I' Sec. 3.2. Zoning map.
(2) R-1 Districts: One-family residential dis-
tricts are intended to be those areas in (a) The districts established in this article are
which spacious neighborhoods suitable for located and bounded as shown on the map enti-
healthy, safe, convenient and comfortable tled "Zoning Map, City of Salem," adopted Au-
family life are to be promoted and protected. gust 27, 1965, and as amended and on file in the
office of the city clerk. The zoning map, with all r
(3) R-2 Districts: Two-family residential dis- explanatory matter thereon,is hereby made a part
l tricts are intended to be those areas in of this ordinance.
which buildings are suitable for use by more
than one(1)family but are in all other ways (b) If, in accordance with the provisions of this
ordinance and the General Laws, Chapter 40A,
similar in character to R-1 Districts.
3 it amendments are approved by the city council d
(4) R-3 Districts: Multifamily residential dis- which involve changes in district boundaries or
tricts are intended to be those areas whose other matter portrayed on the zoning map, such j
location is especially convenient to services, changes shall be made promptly on the zoning
facilities or employment for persons and map.
families desiring apartment accommoda-
��' (c) Regardless of the existence of purported
tions.
i copies of the zoning map which may be made or
(5) B-1 Districts: Neighborhood business dis- published from time to time, the zoning map on
tricts are intended to be those areas con- file in the office of the city clerk shall be the final
taining uses meeting daily shopping needs authority on the current zoning status of land and
for the convenience of adjacent residential water areas, buildings and structures in the city.
areas. Editor's note—Zoning map amendments are listed in a
(6) B-2 Districts:Highway business districts are
table following Article XII herein.
intended to be those areas providing sites Sec. 3-3. Interpretation of district bound-
for businesses whose trade is derived From aries.
automobile traffic requiring ample on-site Whe
ect to the
parking and direct access from major bo dariesnof districts ascertainty tshown on s with the zoning
streets.
map, the following rules shall apply:
(7) B-4 Districts: Wholesale and automotive
business districts are intended to be those (1) Boundaries indicated as approximately fol-
lowing the centerlines of streets, highways
areas which serve the wholesale and auto-
8
5.�
y:
u 1
a}
'DEFINITIONS SALEM ZONING ORDINANCE Art.II § 2.2
3! seven-year incremental periods of effectiveness, Dormitory:A building having facilities to house
not to exceed a total of twenty-one (21)years, for persons in single rooms or double rooms with
the development of the city in accord with the common toilet and bathing facilities.The building
master plan and official zoning map in order to may also have common rooms, recreation rooms,
provide for maximum orderly, adequate and eco- self-service laundry facilities and snack kitchens.
a` nomical provision of transportation, water, sew-
erage,drainage,parks and recreation,schools,mu- Drive-in restaurants or snack bars: Any eating
r nicipal facilities and structures and other public establishment where commodities are consumed
requirements. on the premises but outside the principal building.
City: The City of Salem. Dwelling: A building designed or used as the
Clinic, medical or dental: A building or build- living quarters for one (1) or more families.
ings having facilities for diagnosis and minor treat- Dwelling, multi family:A building designed for
'- ment of humans, as differentiated from hospitals. or occupied by three (3) or more families, with
The building may have doctors' offices, x-ray separate housekeeping and cooking facilities for
rooms,laboratories,operating room for minor sur- each.
v4 gery, kitchen and diet kitchen facilities. The
building will primarily be used for "out patients" Dwelling, multi family,garden type:A building
or ambulatory patients and not for convalescent designed for or occupied by three (3)or more fam-
patients. However, not more than ten (10) beds ilies, but not more than eighteen (18) families,
may be provided for patients under diagnoses, for with separate housekeeping and cooking facilities
F' occupancy not to exceed four (4) days. for each. The buildings will further conform to the
requirements of section 5-3(d)(5)herein.The terms
,t Convalescent or nursing home: As defined by "town houses," "row houses," "attached houses"
-` Section 71 of Chapter III of the General Laws: A and like terms shall be interpreted as being syn-
convalescent or nursing home is defined as any onymous with the term "multifamily, garden
institution, however named, whether conducted type."
for charity or profit, which is advertised, an-
nounced or maintained for the express or implied Dwelling,single-family:A detached building de-
purpose of caring for three (3) or more persons signed for or occupied by one (1) family only. ;�1
t: admitted thereto for purposes of nursing or con-
„ valescent care. Dwelling,two-family:A building designed for or +-#
occupied by two (2) families only, with separate
Developer: Any person who, having an interest housekeeping and cooking facilities for each. A
in land, causes it directly or indirectly to be used so-called duplex dwelling,even though having two
for residential development;or who directly or in- (2) separate entrances and street numbers, shall
directly sells, leases or develops or offers to sell, be construed as being a single building.
i' lease or develop or advertises for sale, lease or
development any lot, plot, parcel, site, unit or in- Dwelling unit:A building or portion thereof pro-
terest for residential use. viding complete housekeeping and cooking facili-
ties for one (1) family. i
1, Development permit: A permit to be issued to a
developer by the planning board grantingthe right Family: One (1) or more persons occupying a i
to develop a given parcel of land for residential dwelling unit and living together as a single non-
use after said parcel has been approved for such profit housekeeping unit;provided that a group of
Ir development as determined by the standards of three(3)or more persons who are not within some
issuance for residential development contained degree of kinship shall not be deemed to consti- E I
herein. tute a family.
Development use, residential: The erection or Garage, private: An enclosed space for the M
construction of dwellings on any plots,lots or par- parking or temporary storage of one (1) or more
cels of land or any portion thereof automobiles,except that one(1)space may be used
4'
5
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