36 MARLBOROUGH ROAD - BUILDING INSPECTION ' •16 MARLBOROUGH ROAD '
CITY OF SALEM
PUBLIC PROPERTY
\ DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR 120 WASHINGTON STREET $ALFvbi,NIASSACHOSETTs 01970
.'CEL:978-745-9595 4 1�Ax:978-740-9846
REQUIRED INSPECTION
PROPERTY ADDRESS 36 MARLBOROUGH RD
May 19, 2009
Ms. Eleanor Blake Trustee
Marlborough Road Realty Trust
36 Marlborough Road
Salem, Ma. 01970
The above referenced property has come to the attention of this department for the
following reason(s):
A report has been made to this office that there are illegal apartment units in the
building. For this reason an inspection must be conducted by our inspection team to
assure compliance with the code and city ordinance.
Under the provisions of 780 CMR, Section 115.6, the State Building Code, access
to this property must be granted for the purposes of this inspection. Please call this office
upon receipt of this letter to schedule this required inspection. If this property has rental
units, these tenants must be notified in advance of this inspection, so that access to these
spaces may also be accomplished.
This inspection must be completed on or before October 27, 2009; failure to
respond to this notification will be construed as non- compliance, and as such an
Administrative Search Warrant will be sought, so as to allow the lawful inspection of this
property.
If you have any further questions regarding this letter, please call this office at (978) 745-
9595, extension 5644.
Sincerely,
Thomas McGrath
Assistant Building Inspector/Local Inspector
CC: file, Health Dept., Fire Prevention, Mayor's Office, Councilor Veno
DATE OF PERMIT PERMIT No. OWNER LOCATION
I Alfred & Ellen Gemma 36-40 Marlborough Rd. R-1
STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES I WARD I COST
BUILDER Second floor addition done by
New England Dormer, 50 Northend St. , Peabody
BOARD OF APPEAL: 1 /9/85 - granted - Variance from lot size requirements regarding lots
28 & 29 on a plan submitted to the Board, specifically a reduction from the 15,000
sq.ft. needed, to approximately 9,967 sq.ft. as shown (Donald & Paula Marsella, Pet. )
3/4/85 #107 (Owner-Donald Marsella) Erect single family dwel undation on y)
10/3/85--#107--certificate of occupancy issued
5/ 14/87 #390 construct second level , new bedrooms & baths (2) , est. cost $24,700. fee 155.
3/21/90 #100-90 Install 21' above ground pool. D.H. Est. $3,000. fee $20.
6/29/98 #462-98 INSTALL VINYL SIDING. REPAIR SIDE ROOF. 36 MARLBOROUGH RD.
est. 12,400.00 fee 77.00 T.J.S.
:j
44 Bedford Street j
P.O.Box 1450
Middleboro,MA 02344-1450 ®3UILDRIC DEPT.
508-946-4300
fwR t5 It7 05 9 `94
RECEIVED
CITY OF SALEM,""
April 12, 1994
SALEM BUILDING DEPT BOARD OF HEALTH
SALEM TOWN HALL SALEM TOWN HALL
SALEM, MA 01970 SALEM, MA 01970
RE: INSURED: James A. and Susan M. Gemma
PROPERTY ADDRESS: 36 Marlborough Rd. , Salem, MA
POLICY NUMBER: 021 SQ 36096682 PCS
DATE OF LOSS: 03-10-94
A claim has been made involving loss, damage or destruction of the
above captioned property, which may either exceed $1,000.00 or cause
Massachusetts General Laws, Chapter 143, Section 6 to be applicable.
If any notice under Massachusetts General Laws, Chapter 139, Section
3B is appropriate, please direct it to the attention of the writer and
include a reference to the captioned insured, location, policy number,
date of loss, and claim number.
Sincerely,
.8 nn L %m"
Dennis Manning
Property Claim Representative
The Standard Fire Insurance Company
(800) 422-3340 x726
On this date, I caused copies of this notice to be sent to the persons
named above at the addresses indicated by first class mail.
L-487-0
:r 94
Form 5 CEQE Fbria.
y� 64-101
fro b-pro1ia6dbYUEaEf
Commonwealth CUVATG� Salem
of Massachusetts ACCii,.K Donald Masella
Order of Conditions
Massachusetts Wetlands Protection Act
G.L c.131,§40
SALEM CONSERVATION COM MISSYON
To Mr. Donald R. Masella, Jr. Mr. Alfred Gemma
(Name of Applicant) (Namsof property owner)
467 Eastern Avenue, L '' "" �_`
AddressYrn Address 36 Marlboroug)i"Road,Salem
This Order is issued and delivered as follows-
❑ Iby hand delivery to applicaint or representative on (fie)
x® try certtfied mail,retttm receipt requested an -April--'20, 1984
This project is located at 40 Marlborough Road, Salem
Thepropertyisn=rdedattheRegistryof Deeds (Essex)
Book 3942 Gage 213, 214
Certificate(if registered)
The Notice of Intent for this project was filed an March 14, 1984
-Cdaba,
The public hearing was closed on April 12, 1984 (da±e) -
Findings
The SALEM CONSERVATION COMMISSION has reviewed thoabave-refetencedN6Uceaf
Intent and plans and has held a public hearing on the project Based on the infona2tiari avaiiableto tha
COMiMISSION at this time.the r'nMMTSRTnnT has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance,witts
the Presump tions of Significance set forth in the regulations for each Area Subjectto Protectan Under the-
Act(check as appropriate):
❑ Public water supply ❑ Storar damage prevention
❑ Private water supply ❑ Preventionotpolluticrt
❑ Ground water supply ❑ Land containing shefltists
❑ flood control ❑ Fisheries
51
Y 95
Therefore.the CONSERVATION COMMISSION her eby finds that theta
Y Nowingcandr�are
necessary,in accordance with the Performance Standards set forth in theregulations.to protectthose inter-
estscheckedabove.The COMMISSION ciders that alt work sha2 bepeifmmed
in accordance with said conditions and with the Notice of Intent referenced above.To the extentthatthe tot►
lowing conditions modify or differ from the plans,specifications or other proposals submitted v#Ab dug,Notice,
of Intent,the conditions shall control.
General Condi fens =
1. ftlure to comply with all conditions stated herein,and withal related statutes aodcther-regutat a- Trees-
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights crany exclusive privileges.it does notauthor¢e any k* Y `
to private property cr invasion of private rights.
3. This Order does not relieve the permittee ar any other person of the necessity atcOmpiyingwithalill
otherappfKable federal,state or localsWWtes,crdinances,by4awsorregulations
4. The work authodmdhersundershallbecompleted withthreeyeersfrom the dataoFthisc"fer- srdess
either of the fallowing apply,
(a) the work 19 amainterrancedredging.project asprovided forintheAct;or
(b) thefteforcompletionhasbeenextendedtoaspecifieddatemore,thanthreeyews,buth"srirars -
fiveyears,from the date of issuance and both that date and the special drourrrstarxeswersa nitro
the extended time period aro set forth in this Order.
6. -This Order may be extended by the issuing authority for one or more periods of up tot threeyews earls
upon application to the issuing authority at Ieest3O days pricrto theexpiration date of the Order_-_-
8. Any fill used 1h connection with this project shall be clean fill.containing no trash,recuse,rtrbbisYt or de- =
brie,including but not fimited to lumber.bricks,plaster.wive,lath,paper.cardboard,pipe,tires,mss„ :
refrigerators,motor vehicles or parts of any of the foregoing.
T. No work shall be undertaken untti all administrative appeal periods from this order have etapsedor,it
such an appeal has been filed,until all proceedings before ft Department have been completed _
8. No work shall be undertaken until the Final Order has been recorded in the Registry ctDeeds crthe lard
Courtfor the district in which the land is located,within the chain of title of the affected property_to the
case of recorded land,the Final Order shall also be noted in the RegsWs Grantcrtnde sunder ttte name
of the owner of the land upon which the proposed work is to be done.in the caseof registered larxL the.
Final Order shall also be noted on the Land Court Certificate otTiCe of the owner of thelandupors whirls
the proposed work is to be done.The recording information shall be submittedtcrths COMMISSION
on the farts at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more thart threesquarefeeiin sin
bearing the words,"Massachusetts Department of Environmental Quality Engineering-
File Number 64-101 _
10.Where the Department of Environmental Quality Engineering is requested to rrmkea detemrirtatfan and
to issue a Superseding Order,the Conservation Commission shall be a party toad agency proceedings
and hearings before the Department
11.Upon completion of the worle described herein,the applicant shall forthwith request irtwrWmg that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed_
12.The work shall conform to the fallowing plans and special conditions:
5-2
J6 _
Plans:
We Dated Signed andStampedby. Onrbyewrttt
Site Plan--Masella Residence Mara, 1984 Erland Townsend Jr. Con. Commission
Special Conditions(Use additional pait necessary) e t —
t t
per
1. All work shall conform to .the above-referenced plans.
2. No fill material shall be distributed beyond the top of the sYoM n�
3. Any modification of the plan which would include the construction of a full.
cellar would require a modification of this Order.
...........................................................__..._.._ ...._..__.._. _
iLeavaSGau Blank) _
5-3A
97
SALEM - .. ._ ..
Issued By i7 , Canse"ationCantmission
,_ �
Tttibe signed by a majority of the Ccrtservefiort Carrmms acr►
OT)tttt :„lZ days April 19 R
the s above-named .pars rtaQy ap�,eereet tome known to bathe
ps=�a6ss'bedinandwhoexecuted thefcmgaingkmb=mntandackroci riedge3dtiiathefsheexew4ed
th9r3 f/S /3v hislhev tree act and deed - -
LV G 9-9.-88
Nota Pubk MycommismneMm-es -
- TheapPYonRlMowner.an7'Dtwxn89�le�dMNia Ords.anp owneroltadabuCtrfpiostandupaw?ieifC+s ROPosedwvkbty -.
be donor my ten meidrrnb of tra cty a town in whch mch to d is Wcated ars herebynetified ar t7+eir rS�rt tereRuastthe pepartrnent
d6wironntentaia,ality to iaweaSupersodogOtder.provid'Y+i7therequestuneed*byeermaacrhanddeGaeryto - -
r,..
tie Deparhnentwithn ton drys from thedate of isaturica of thi 0rdar.A COW dthstequserJlattt+e3wm&tbnsbeearrtpyesrtihied -
maiorhmAdeGverytotheConsavaUenCon.ni,amwtdtheappk=it. - - - -
p
Detach ondottsdlineandsubmit tothe SALEM CONSERVATION COMMISSION Prior tacon""*"C�tdWork—
TO IssuirtgM.Ctority
Please be advised that the Order of Condiboro for the Prosect at
File Number has been retarded at the Registry,of ands
has been noted in the chain of title of the affected prooerty in accordance with General Condition a on i B_
It recorded Land.the instrument number which identifies this transac^on is
If registered land,the document number which identifies this transac^oe is -
Signature RppGon!
5.4A
�. Irorm8 t tjtL'3'tiC DEOEReNo. 64-101. .. -
. (To be provided by DED£)
lug1� 4;x '65
COmmonw4ojh � b u � City/Town - Salem
of MassachusettsAPPlicant c rs; Donald Masella
rtcC�.l�
CITY OF SALC6 3A5S.
Certificate of Compliance
Massachusetts Wetlands.Protection Act, G.L. c. 131, §40,
From Salem Cnnca at'nn ('nmmiccinn _Issuing Authority
.:
=' Mr. Donald Masella
+: To Com'-36 Marlborough Road1
(Name) (Address)
October 24, 1985 •
Date of Issuance
This Certificate is issued for work regulated by an Order of Conditions.issued to the above-named
dated 4-12-84 Mdissuedbythe" Salam rnnsPrvaf-ian rnmm
1 Fxk- . r-It ishereby-certified that-the-work regulated by-the above-referenced Order of Conditions has
beensatisfactorily completed.r
2. "❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed:(if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. ❑ It is hereby certif led that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid.No future .
work subject to regulation under the Act may be commenced without filing a new;Notice of Intent
and receiving a new Order of Conditions.
..............................................................
-.._.._-- - -„-
(Leave Space Blank)
8-1
4. ❑ This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
Which the land is located.The Order was originally recorded on - (date)
at the Registry of Book ,Page _
5. ❑ The following conditions of the Order shall continue:(Set forth any conditions contained in the -
Final Order,such as maintenance or monitoring,which are to continue for a longer period.)
Issued by Salem vation Commission
Signature(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 24 dayof October 19 85 before me
personally appeared 7-},a ahnyP-named to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same a"is/her free act and dee¢
g-( 9-9-88
Notary Public My commission expires
Detach on dotted line and submit to the C ,pier o CA�M
.........._.._._........_............................
___.»...»....._:».»__._.__.__..:.._...... -
io Issuing Authority
Please be advised that the Certificate of Compliance for the project at -
File Number 4has been recorded at the Registry of
and has been noted in the chain of title of the affected property on ,is-
It
g11 recorded land,the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is-
Signature
s Signature Applicant `- -
B-2
Michael J. Reardon and Donald S. Emmerton, Conservators of the,
3942 1
' property of Alice F. Emmerton of Salem, Essex County, Massachusetts !
^, a person of cental weakness , by the power conferred by the Probate 2 ) 3
Court for the County of Essex, Commonwealth of Massachusetts , by Ali
License dated September 18 1952 and ever other T
k = D . 7 Pone , for Two �
r Bnndred Seven and 89/100 Dollars paid, grant to Alfred D. Gemma
and Ellen F. Gamma, husband and wife, as tenants by the entirety, I '
F.
both of said Salsa, one undivided half part and a 11te interest i � 1
the remaining one undivided half part of the land situate in said
Salm, bounded and described as follows
fk V Beginning at the Southwesterly corner thereof on Marlborough II
° Road, formerly Sutton Street, thence running Northerly by said
r a
if Marlbormmh Road ons kmndred.fourtoen and eighty-eight hundredths
(114.88) feat to Lot numbered 155 on a plan of land hereinafter !
fy
. y :roterred toy thenee turning and running Northeasterly -by said Lot
ared 155, one hundred fifty-four and thirty-two hundredths
'14Aly x056 39)1 feet Lo Lot numbered 181 on said plan; thence turning end
+ running�Southerly by Lots numbered 151 and 78 on said plan one �
rhute9rad fourteen and twenty-two hundredths (114.22) feet to Lot
ibirad 31 an said plan= thence turning and running Southwesterly
T bysend Lot 31 and Lots 30, 29 and 28, one hundred fifty-sin and
'eistyriiz huindredths (186.88) feet to Marlborough Road and the
�-
•rM°� �1, •
;point of beginning.
y Bel" Lots mmbered 153 and 154 on plan of land entitled,
a8ome gitss•, 'Salea, Mass., owned by F. H. Griswold, Scale 1 in.
pq
{ � r '100. !4., Oct., 1920, Thomas A. Applatron, C. E. , recorded with Sas
yeFr� <36u0,Distrist Registry of Deeds, Plan Book 55, Plan 17.
Wn IMS our hands and seals this twenty-first day of
s«
,goamber , A. n. 1952.
r;r .
# a ,'. ise
Stamps a amount asfiaed
#y�Y r
lied on back of this natrumeat$oil ow
t
,3%5'� affixed
-* xx k led on back of this lastrueient 1
< ' COMMON'AEALTH OF MASSACHUSETTS
xr Essar, sa. Salem,November 21, 1952. i{
i Then personally appeared the above named Michael J.
Rearden. and acknowledged the foregoing to be his free act and
15
deed, before me,
r
Justid of the Taadt-17.
M* comieaion expires September 22 , E
.,/ 1955
Essex se. Recorded Nov, 24, 1952. 16 m, past 3 P. M. � ,, 14 '
� s ,
r3
.. .. api
3942 We, Donald S. Emmerton and Ann J. Ese:erton, husband and wife, both ,
2 1 4 of Salem, Essex County, Massachusetts, for consideration paid,
grant to Alfred D. Gemma and Ellen F. Gumma, husband and wife, as
tenants by the entirety, both of said Salem, with gUITCLAIM
COVENANTS, all our right, title and interest in And to the land in "
i said Salem, bounded and described as follows : .
Beginning at the Southwesterly corner thereof on Marlborough `
Road, formerly Sutton Street, thence running Northerly by said
Marlborough Road one hundred fourteen and eighty-eight hundredths•
(114.88) feet to Lot numbered 155 on a plan of land hereinafter
referred to; thence turning and running Northeasterly by said
Lot numbered 155 one hundred fifty-four and thirty-two hundredths
I' w (154.38) feet to Lot numbered 151 on said plan; thence turning 5 •
and running Southerly by Lots numbered 151 aid 78 on said pian =
I' E one hundred fourteen and twenty-two hundredths (114.88) feet to "Ft
Lot numbered 31 on said plan; thence turning and runniag southwest, x
.d
s •91 said Lot 31 and Late 30, 29 and 28 one hundred fifty-siA 3 » E
and sizty-NIX hundredths (156.66) feet to Marlborough Road and the
r
,point: beginning.
beginni .�
• .ems
Bei g`L`oti_ tinmbare J1 34I 154 on plan of land entitled,
Hona aite6 „ 1K ss`, Mas®. , Owned by F. H. Griswold, Scale 1 in. ! '`
L•' 100-20„ 00t.,,41925# Thomas A. Appleton, C. E., recorded with Ess
,'• tSouth Distriot`Regiitry of-Desda,, Plan Book 550 Plan 17, v
»iT2ie ,eoasideration forHthie deed 1e less than One Nundrad '
( 100,00):4dollars. �t
j f
T t` BSyor. hqads+ Sao,oia3a this twenty-first day of November 0 " #
I. 'A D. -1952
T
COMMONWEALTH OF MASSACHUSETTS
Essex, as . Salem, November 21, 1952. F
Then personally appeared the above Hamad Donald S. �
Emmerton and acknowledged the foregoing to be his free act and , k.
deed, before me; meg` rg
.ti A
-
Notary publias M� x
Essex ss. Recorded Nov. 24, 1�5' 16 m, past 3 P. M. • '
i
v4
r_ 'Qlitg of Latem,
,r - s P, 25 X110 �Zy
Cone Satem (bran
CIT'6 Cls , ,OFFICE
Sp,w • ; -
April 24, 1984
SPECIAL PERhIIT. - - - Applicant: Mr. Donald Masella
.WETLANDS AND FLOOD HAZARD DISTRICT Owner: Mr. Alfred Gemma -
City of Salem 36 Marlborough Road
City Hall .
Salem, MA.. 0,1970
On Thursday, April 19, 1984, the Planning Board of the City of Salem held a
public hearing regarding the application of Mr. Donald Masella, 467 Eastern
.Avenue, Lynn, MA. fora Special Permit under Section P, Wetlands and Flood -
Hazard Districts-,' of the Salem Zoning Ordinance, with respect to the con
struction of a single-family dwelling at 40 Marlborough Road.
At a regularly-scheduled -meeting of the Planning Board on April 19, 1984,
it was voted, by a vote of five in.favor, none opposed, to approve the ap-
plication as complying with the requirements for the issuance of the permit
with the following conditions
.. l.- Work shall conform to Plan entitled, "Masella Residence, Salem, MA_" dated
March, 1984, prepared by T & M Engineering Associates, Inc.
2. This order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private/public property or my invasion of
public/private rights.
I hereby certify that a copy of this decision and plans have been filed with
the City Clerk and copies are on file with the Planning Board_
This Special Permit shall not take effect until a copy of the decision bearing
the certification of the City Clerk that twenty days have elapsed and no appeal
has been filed or that if such appeal has been filed, and it has been dismissed
or denied, is recorded in the Essex County Registry or Deeds and is indexed in
the grantor index under the name of the owner of record or is recorded and noted
on the owner's certificate of title. The fee for recording or registering
shall be paid by the owner or applicant.
Walter B. Power, III • ,
Chairman, Planning Board'k
dey
Conservation C® ilo
.r. Salem, Massachusetts 01970 ^ prr
Telephone 1617) 745-5056 - ° 9 JZ
s c Nov 12
RECEIVED
CITY OF SALCM,IUSS.
CITY OF SAU�M
CONSERVATION CO*-MISSION
WETLANDS HEARING
A public hearing will be held by the Wetlands Protection Act, G.L.
Chapter 131, Section 40 at the request of James Gemma, 195 Jefferson
Avenue, Salem, Mass. The purpose of the hearing is to explore the
effects of constructing a single family dwelling on 36 Marlborough
Road, Salem, Mass. The hearing will be held on Thursday, November 13,
1980 on the Third Floor of One Salem, Green, Salem, Mass at 8:30 PM.
Bradford Northrup
Chairman
s.
,< rr,r,
li \.i
� .
CITY OF SALEM
CONSERVATION COMMISSION
Will give a Public Fearing under the Wetlands Protection Act, ?lass.
G. L. Chap. 131, Section 40, at the request of Mr. Donald R. Rasella, Jr.,
467 Eastern Avenue, Lynn, 12. The purpose of the hearing is to determine
the effects of building a single-family residence at 440 Larlborough Foad,
which is a wetland area. The hearing will be held on Thursday, Aril 12,
1984, at 8:00 p.m. , One Salem Green, second floor conference room.
Philip D. Moran
Chairman
April 4
1 ��.t-i tZ �..' -t,.� �.,; �iA;1.�f t,Tf..•..� sty
s �
fll.iTa?:.�
O ? GGrua
CITY OF SALEM
PLANNING BOARD
Will give a Public Hearing under Section P, Wetlands and Flood Hazard
Districts, of the Salem Zoning Ordinance, at the requeest. of Mr. Donald.
Masella, 467 Eastern Ave. , Lynn, hit. The purpose of the public hearing
is to explore the effects of the construction of a single-family residence
at 40 Marlborough Road, which is wetland area. The hearing will be held
on Thursday, April 19, 1934, at 7:30 p.m. , One Salem Green, second floor
conference room.
Walter B. Po.;er, III
Chairman
Mar. 23, April 4