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002A NORTH PINE STREET - BUILDING JACKET NORTH PINE'STRSFT` r � Section 10. Variances The permit granting authority shall have the power after, public hearing notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon peti- tion with respect to particular land or structures a vari- ance from the terms of the applicable zoning ordinance or .by-law where such permit granting authority specifically Variance cannot be finds that owing to circumstances relating to the soil con- Granted Unless ditions , shape, or topography of such land or structures Permit Granting and especially affecting such land or structures but not Authority affecting generally the zoning district in which it is Specifically Finds located, a literal enforcement of the provisions of the That All conditions ordinance or by-law would involve substantial hardship, Have Been Met financial or otherwise, to the petitioner or appellant, and that desireable relief may be granted without substan- tial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by- Use variance Must laws shall expressly permit variances for use, no variance be Expressly may authorize a use or activity not otherwise permitted in Authorized the district in which the land or structure is located; Ordinance or _ . provided however, that such variances properly granted B _law prior to January first, nineteen hundred and seventy-six \ .. y but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date. Variance cannot The permit granting authority may impose conditions, safe- be conditioned guards and limitations both of time and of use, including on continued the continued existence of any particular structures buts Ownership excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to • which the variance pertains by the applicant, petitioner or any owner. Frights authorized If the rights authorized by a variance are not exercised . by variance Must within one year of the date of grant of such variance such be Exercised Within rights shall lapse; provided, however, that the permit, . granting authority in its discretion and upon written appli- cation by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for Extensions such extension is filed with such permit granting authority prior to the expiration. of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section. Added by St. 1975, c. 808, s. 3; Amended by St. 1977, c. 829, s. 4b and St. 1984, c. 195 - 10-1 10/10/84 DATE OF PERMIT PERMIT No. OWNER LOCATION 9/29/82 I John D. Spinale ' I 2A North Pine St. STRUCTURE MATERIAL DIMENSIONS No. OF STORIES INo.OF FAMILIES I WARD COST BUILDER BOARD OFA PEAL: for Variances from density regulations to convert existing carriage house to a single family residence. GRANTED i 11/1/82 #450 Convert existing carriage house garage into single family dwelling i appv'd by Bd,of Appeals. 4/4/85 4450 Certificate of Occupancy Issued i i Y o CUP of batem, j*a59aCbU2;ett2; Pubtic Propertp Department �3uilbing department (One giatem green 745-9595 txt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 17, 1990 Kevin Daly, Esq. City Solicitor City of Salem .� RE' 2A North Pine St. Dear Mr. Daly: As per our telephone conversation of Tuesday morning, April 17, 1990, I have enclosed a copy of the memorandum from Attorney Serafini . If you would please review and comment. Thank you. Sincerely, aL�, #/W16. William H. Munroe Zoning Enforcement Officer WHM:bms Enclosure: (1 ) INSPECTOR'S DAILY ROUTE REPORT Date Odometer Readings INSPECTOR /� / �j Last Stop Time of Leaving Office d —4c,t,-z_ Office The following is a correct listing of my inspection activities for this day. Miles Driven Permit, Equip- Type of Stop Arrive Left Address Notic ui or meoft Inspec- Comp Namber B°i 1,1119tion 1 2 3 4 5 6 c 7 8 9 10 11 12 13 1-5 16 17 18 19 20 21 22 O 23 24 25 WORK DISTRIBUTION (KINDS OF INSPECTIONS) PERMITS PERIODICAL & FEE REINSPECTION COMPLAINTS NO ENTRY TOTAL CHECKED BY DATE SUPERVISOR /S*�-i �� 9 '� �y -� 7v1ou � � �l/ M WL.D. I �c q fL7 MEMORANDUM IJFR 48 TO: Bill Munroe �kf[�VEO t4A � FROM: John R. Serafini, Jr. CITY OF 9ALE4, DATE: April 5, 1990 SUBJECT: John Spinale 2A North Pine Street, Salem ---------------------------------------------------------------- Mr. John Spinale has contacted me regarding his property at 2A North Pine Street, Salem. Apparently he had been represented by Attorney Bob Bowes, who succeeded in obtaining a Variance for the above property subject to conditions. One of the conditions requires owner occupancy. Legal use indicates that owner occupancy cannot be made a condition of a Variance. Because of other problems, he has had over the past three years, there is no way he can move into the property. At the same time, he has to get someone in to help pay the bills. Would you please quietly review this in light of the attached information from your zoning service, which I think supports the legal view that a Variance cannot be conditioned on occupancy. I will be glad to speak with you about it. e �,,ON Salem Historical Commission CITY HALL. SALEM. MASS. 01970 A r 'ACOlHM6��4 CERTIFICATE OF APPROPRIATENESS It is hereby certified that,' the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ] ; demolition [ ] ; moving [ ] ; alteration [X] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 2A North Pine. Street Name of Record Owner: John Spin le DESCRIPTION OF WORK PROPOSED: Installation of egress door to rear facade (easterly side) . Door to be wood with pine framing to match framing of windows. Door to be located approximately in the center of the facade. Door style to match what was proposed originally in drawings for the south side facade. Paint to match existing. The Commission would like to reaffirm that the garage and hatch doors must be changed to the approved doors on or before June 20, 1992. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Mass. General Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Tnsnerror of Buildings prior to commencing work. Dated: May 26, 1992 SALEM HISTORICAL COMMISSION By airman DEFALC® ENGINEERING, INC. Structural Engineers Consultants in the Engineering Sciences Lind Surveyors 197 Portland Street, Boston,MA 02114 617.720.4646 34 Chamberlain Parkway,Worcester,MA 01602 617.798.3466 14 April 1992 Mr. John Spinale c/o 2A North Pine Street Salem, MA 01970 re: Two-story single-family dwelling at`2A'n6rtt Pine, tSalem, MA -4 a � " Dear Mr. Spinale: rn ls�rn IQ At your request, today we examined the house's structure for genera'rlIF4rttm tural it adequency. b 1r The interior finish of the second floor was removed and we were ablento is spect the wall and roof framing. We saw that the building is noticably out-of-plumb but find that this is not of structural concern. We consider that the building is stable and sufficiently strong to safely support its anticipated loadings. If you have any questions or require clarification, please contact us. Yours truly, DEFALCO ENGINEERING, INC. William Loring Hobbs Principal tN OF MgSSp o� FRANK 6N DEFA Q No.20189 P 4 FO yr� lop q� OrghR i MICHAEL E. O'BRIEN LEONARD F. FEMINO CITY SOLICITOR ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET ' WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM_ 'RECEi'r'i_D ONE BROADWAY SALEM, MA 01970 MASSACHUSET$'6Y OF Si,[,6�1,I"'.1.;$ BEVERLY, MA01915 745.4311 745-4311 7443363 921.1990 Please Reply to 81 Washington Street Please Reply to One Broadway September 14 , 1987 Willliam H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: City of Salem vs -- — John D. Spinale Salem District Court fe� a Dear Bill : Please be advised that the above hearing on the violation of the zoning ordinance was continued this date to Oct. 14 , 1987 at 11 :30 . Mr. Spinale reqeusted the continuance because his attorney, Robert Bowes, was on vacation: Both Mr. Martineau and myself pro- tested the continuance to no avail. However, it should be noted that the Assistant Clerk made a notation that no further contin- uances would be granted. Also, Mr. Spinale assured me, for what that is worth, that he would immediately commence eviction pro- ceedings against his tenant. Obviously, the continuance is frustrating in view of the fact that this situation has been continuing for several years. How- ever, I 'm sure you are well aware of the frustrations encountered once a matter is in the judicial process. Very my yours, Michael E. O'Brien City Solicitor MEO/jp cc : Councillor Kevin R. Harvey e��,cu.nrrq� Salem Historical Commission 5a CITY HALL. SALEM. MASS. 01970 �� tr CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; recon nstructon[x;]:;-!!Z, demolition [ ] ; moving [ ]; alteration [ ] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . _ NrTntlra Historic District. (NAME OF HISTORIC DISTRICT) Address of Prope rty:7'2`N-Pine Street Name of Record Owner: 2 N. Pine Street Trust DESCRIPTION OF WORK PROPOSED: `Replacement of existing roof-shingles'with those ease as existing-. Non-applicable due�to being.an in?kind-replacement . -+� Although replacement with existing is approved, the owner is encouraged to replace with Black or Charcoal Grey which is more historically appropriate. does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (Federal Laws , Ch. 40C) and the Salem Historical Commission. '1Dated:Septemb"--er 24, 1990 SALEM HISTORICAL COMMISSION By n Chairman 1 DATE OF PERMIT PERM ('T W�1ER (�}J S-- CATION JQ—� 9/29/82 I qJ I hn D S �iR 1�T RRORERIZA North Pine St. STRUCTURE MATERIAL DIMENSIONS No.OF STORIES I No.OF FAMILIES WARD I COST I BUILDER I BOARD OFA PEAL: for Variances from density regulations to convert existing carriage � Yf � - house to a single family residence. GRANTED 11/1/82 X6450 Convert existing carriage house garage into single family dwelling appv'd by Bd,of Appeals. 4/4/85 #450 Certificata of Occupancy Issued �I 2 - On Saturday, May 11, 1985 , our mail was left at the "C"arriage House by a substitute carrier who did not check for house numbers. I happened to be outdoors at the time of delivery so 'the carrier went back and "retrieved" our mail. At this time, we received a notice from the State Street bank stating that our account was past due. We have never missed a payment on any of our accounts. Having been employed in a Credit Dept. .for ten years, I know what these little notices can do to a person 's credit rating and 1 do not appreciate this incident. This charade continues --- on Saturday and Wednesday, we had a man at our door from Cable TV --- Yes, he was looking for '2' A! All of this leads us to believe that Item 7 on Page 2 of the decision was flushed down the drain. At present the .building is occupied by someone other than John Spinale. Has there been a revision on Item 3 —Page 2? Item 5 - Page 2 has also fallen by the roadside. A ear is being parked in front of the 'FCarriage House" . Parking spaces on North Pine St, are scarce and this adds to the dilemma. We have tolerated carpenters, roofers, etc. on our property, often without permission, while renovations were taking place over the past.2+j years. We think John Spinale has had more than ample time to comply with the aUision of the Board of Appeals. We would appreciate having this information forwarded to the appropriate authority so some action can be taken in the very near future. Thank You! Mrs. Thomas W. Bryson May 17, 1985 TO: Chairman of the Board of Appeals Enclosed is. a Copy of the decision of the Board of Appeals on the so called "Carriage House" on North Pine Street. At the Board of Appeals meeting, we objected to the use of the number. (2 A) on this building knowing there would be inconvenience and confusion. When the property was sold by Mr. Landry to Mr. Spinale, upon coming home from work one day, my husband eneountered a representative from a Real Estate Company placing a SOLD sign on our house (2 N . Pine St. ) . We strongly objected to the use of the number (2 A) . The Chairman suggested using number "Zero" He spoke to Atty. Bowes and Capt. Goggin of the Fire Dept. about this. They had no objection.. We assumed the change would be made. When we began receiving John ,Spinale's utility bills with our mail, we notified the Post Office and were told they would take care of this but nothing was done so my husband began forwarding the mail to John Spinale's business address. In addition to receiving his mail, we were also receiving mail for Trine Associates - 2 A North Pine St. , This mail was sent hack to the Post office numerous times. The Post Office was notified that we would not accept this mail. In addition to mail , we had several U.Y.S. deliveries for this address. We refused to accept: them. When John Spir_ale was purchasing additional property, we had representatives from banks ringing our doorbell. Recently, a mail box was finally installed on the "Carriage House" . Now another problem was encountered --- we did not receive several pieces of our mail during the month of April. Among these was our State Street Bank (Visa) statement. e' a MICHAEL E. O'BRIEN LEONARD F. FEMINO CITY SOLICITOR '3 � - ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �Ojy"16`P`U 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745.4311 745.4311 744.3363 921.1990 Please Reply to 81 Washington Street Please Reply to One Broadway August 19, 1987 William H. Munroe Director of Public Property City of Salem One Salem Green Salem, Massachusetts 01970 Re: 2A North Pine Street Dear Mr. Munroe: Please be advised that it is the opinion of this office that condition number three ( "owner occupancy" ) of the Sept. 29 , 1982 variance in the above matter should be enforced as there was no appeal filed by the applicant within the statu- tory appeal period. This office is available to assist you to enforce com- pliance of this condition as well as condition number five. Ver truly your M ael E. O' Brie ity Solicitor MEO/jp -v cc: City Clerk �7 Councillor Harvey — ra —S Ts-ire -3 e. f ' MICHAEL E. O'BRIEN - LEONARD F. FEMINO CITY SOLICITOR ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET and 81 WASHINGTON STREET - and SALEM, MA 01970 CITY OF SALEM ONE BROADWAY 745.4311 • MASSACHUSETTS BEVERLY, MA 01915 744.3383 745-4311 921.1990 Please Reply to 81 Washington Street - Please Reply to One Broadway October 14 , 1987 Councillor Kevin R. 'Harvey 35 Andrew Street, Unit #1 Salem; Massachusetts 'bl970 Re : City of Salem v ` John D. Spinate Q Salem District' Court Dear Councillor, Harvey:. ' Please be advised - that Mr. Spinile failed to appear today for the scheduled, Clerk' s hearing. Accordingly, Mr. Spinale was defaulted and' a criminal' complaint issued against him. He is scheduled to be arraigned on November '20 , 1987 at 9 :00 A.M. Apparently Mr. Spinale has commenced eviction proceedings against his tenant. However, since this is a lengthy process, we will continue to proceed with the criminal charges . Ver truly yours; hael E. O' Brien, City Solicitor MEO/JP cc : William H. .Munroe. KEVIN T. DALY °s _ -` LEONARD F. FEMINO ASSISTANT CITY SOLICITOR 'ri _ '�" 1T? ASSISTANT CITY SOLICITOR �. m1" s 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 93 WASHINGTO 745-4311 CITY GTO ITORN STREET 745.4311 745-0500 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET January 21, 1988 r+ . N r a _ Maurice Martineau _. Assistant Building Inspector City of Salem - C'fiJ One Salem Green Salem, Massachusetts 01970 Re: City of Salem _ c VS n John Spinale R-E R „ ` voj_*' 1 .- Salem District Court Dear Maurice : Please be advised that yesterday I went to Salem District Court for Mr. Spinale' s arraignment and a pre-trial conference date has been scheduled for March 25 , 1988 at 9 : 00 A.M. V, truly yours, Michael E. O'Brien City Solicitor MEO/jp cc : Councillor Kevin R. Harvey I BOWES, HALLINAN & DEROSIER ATTORNEYS AT LAW 301LAFAYETTE STREET gg (y}6 P.O. BOX 987 SALEM, MASSACHUSETTS 01970 a 5 (617) 741-1555 CITY ROBERT D. BOWES DAVID L HALLINAN MARGARET F.DEROSIER 3 August 1987 Mr. Maurice Martineau Assistant Building Inspector One Salem Green Salem, MA 01970 Dear Mr. Martineau: As you know this office represents John D. Spinale with respect to his property on Pine Street Salem, MA. When I talked with you on the telephone I was under the .impression that Mr. Spinale had a written agreement to sell the property. After talking to my client I find that the agreement has been terminated primarily because neighbors on Pine Street discouraged the buyer. I intend to spend some time with Mr. Spinale in an effort to -resolve the situation by compliance with the conditions of the variance. I had a discussion with the councillor who represents the area and he is aware that I am working to resolve the problems. I will keep you informed. Veryr truly Jyyyours, 9bbert D. Bowes RDB/klk -, --- ABOWES, HALLINAN & DEROSIER ATTORNEYS AT LAW 301 LAFAYETTE STREET P.O. BOX 987 OCT SALEM, MASSACHUSETTS 01970 �� 9 �j H�7 eJJ0� (617) 741-1555 n��I CITY Y CF 'bLcai,7l,aSS. ROBERT D.BOWES DAVID J.HALLINAN MARGARET F.DEROSIER October 9 , 1987 Mr. Terrance Richard 2A...North Pine Street Salem, MA 01970 RE: NOTICE TO QUIT Dear Mr. Richard: In accordance with the provisions of Section 12 of Chapter 186 of the Massachusetts General Laws, you are hereby notified of the termination of your tenancy and you are re- quested to quit and deliver up at the expiration of thirty days (30) days, commencing with the first day of your next rental period, the premises you now hold as a tenant, of John Spinale, ,naiely The single family dwelling consisting of three (3) rooms and one (1) bath at 2A North Pine Street, Salem, Massachusetts. Notice is hereby given that in accepting future rents, we do not waive any rights under this Notice To Quit., but specifically reserve all right to terminate your tenancy under this Notice. Should you not quit and deliver up said premises within said thirty (30) days, all due process of Law shall be employedto accomplish same. JOHN SPINALE By: Certified Mail Return Receipt Request 0 ��✓�. . ��j // .��ti L'4`�^"w-� lir `" "" " �� ",{�/ .��N..o/G-'�M,r"l/��j ,Z✓��C-s'-tr„n/L fit'' `� }�..�r`v.�✓ Ul ,� �-LL,.� ✓ a'G� „�c�s� � ��o .�-� d ^-amu„-.-✓l''� ..L'v`-L'LC� f"(�GC.� .N��, ,�Lv'-G-+-✓l�s'l� ./�•?^i�c.C� t'i�/'LE� l� �2�a� //�^'� cd 41114 CIL, Oy /Vlf�/4Lwa� iLL'l:,-¢. G'VF"--✓+�P/�/�/U .//i+'1sL- ,L+' /f 7� z,� 21. .�✓+l if/ /✓(i✓�✓d'y% ..P.c?i=-�-� �-ate ,(/////�v' //�7L,. Ac, �hh ?^ uw�,a�v • G i✓f�'n J y/} �Q✓ ,� �/wLW1'-v�"✓ /� .,%/�//�''Clf �L'��JL(^L •�//�7y .LLi-t-V:t-C� /�^ L,a� i �� ✓�jLt�/,i .L... /GyG' n i!/"� G`Z✓��-L;'r—L� �!.^) �te.� rCZ Le e,p pp �- �� an, July 26 , 1987 To the Salem Zoning Board : We, the abutters and neighbors of 2A North Pine Street hereby petition the Salem Zoning Board . Our understanding is that a condition of the variance allowing residential usage of that dwelling is owner-occupation . It is not now, nor has it ever been owner-occupied. We have shown tolerance through a succession of rental tenants until- now. The present occupant has displayed rude and obnoxious behavior involving public drunkeness which has disrupted the neighborhood in the middle of the night. The Salem Police Department has also been informed and is aware of the disturbance. We insist that immediate action be taken . 'offs�� Q r- n-i - �� (Zifv of "Sa18m, Ittsszzcl�usE##s PIIttrb of �kppeal MINUTES OF THE BOARD OF APPEAL - SEPTEMBER 29, 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, September 29, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly published in the Salem Evening News on September 15, 22, 1982: abuttors and other interested persons were notified by mail, Present were: Mr. Feeherry, Mr. Hopper, Mr. Hacker and Mr.LaBiecque, also present was Associate Member Mr. Luzinski. 2A North Pine Street - John D. Spinale� Petitioner is requesting a Variance from density requirements to convert an existing Carriage House to a single family Qresidence. Mr. Feeherry read the petition and a letter from the Fire Dept. (on file) . Attorney Robert D Bowes represented the petition. He displayed plans and pictures, explained that the structure was a two story structure which is presently being used for the storage of a car. Mr. Spinale plans to have an enclosed garage on the first level and living area on the second. Mr. Feeherry then read a letter from the Salem Historical RCommission (on file) stating thet were in favor of the petition Mr. Bowes said that the building had been moved to this site, but where it was moved from or .its original use has been lost in antiquity, No one appeared in favor. Appearing in opposition were Thomas & Laura Bryson, 2 North Pine St. , they were upset with the address being 2A North Pine, also felt the property should be surveyed again, at least on the side. William White, 398 Essex St. was concerned that Mr. Spinale would not occupy the building also, the area is so congested he would rather the building remain a carriage house. Mr. Richard Bowen, 4 North Pine St. , also opposed because the congestion in the area. Attorney Bowes said that this would not necessarily increase traffic. Mr. Piemonte question Mr. Bowes on the survey issue, was the building on neighbors property. Mr. Bowes said there was no problem with the lot, if it is on someone else's property it has been that way since 1848 when the building was moved to this location. Mr. Piemont then asked where the hardship was, Mr. Bowes said it was on the land. Mr. Feeherry asked the Brysons if changing the number 2A to another number would satisfy their objection 6' They said they would like to see the number changed. Hearing closed. Mr. Piemonte' said that as long as the Historic Commission had no objections and it will be owner occupied that:he:had_no�jections_. Mr. Feeherry made a motion to grant the Petition on condition it will be used only as a single family dwelling,ssink-le parking space will be maintained at the site, it-will be`ownet occupied, if not, this-variance will terminate and—the—property'-can only be used as a garage, must make a reasonable effort to change the number of the property, Certificate of Occupancy and Use must be obtained prior to use, all exterior work must meet the approval of the Historical Commission, must obtain a Certificate of Compliance from the Fire Marshal. Mr. Labrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte. Mr. Luzinski was not a voting member. GRANTED. OF J^ ri William H. Monroe Zoning Enforcement Officer One Salem Green Salem, Mass . 01970 July 16 , 1987 Dear Mr. Monroe • My husband, Don Rose and I own a house at 400 Essex Street which is directly across from 2A North Pine Street, a dwelling which was transformed to an apartment by the owner Mr. John Spinale, with the understanding that he would comply with the conditions set by the zoning board. (I have enclosed a copy of the decision for the variance of this property. ) Mr . Spinale has never complied with these conditions and as you can see from the other enclosed letter from Mrs. Thomas Bryson, another abutter , a notification of this was sent to the Chairman of the Board of Appeals. The first question is : Why hasn' t the city of Salem followed up on these violations after receiving this formal complaint? Our understanding is that a condition of the variance allowing residential usage of that dwelling is owner-occupation . It is not now, nor has it ever been occupied by its owner . We have shown tolerance through a succession of rental tenants until now. The Present occupant has displayed rude and obnoxious behavior involving public drunkeness which has disrupted the entire neighborhood in the middle of the night. The Salem Police Department has also been informed and is aware of the disturbance. We have reached the limit of our tolerance, sir , and we respectfully insist that appropriate action be taken. Sincerely, cc: James B. Hacker n��D OF APPEALS bDt {? Salem Historical c risslo" 'Ery °�: ,S S- ONE SALEM GREEN, SALEM, MASSACHUSETTS01970 - August 12, 1987 John D. Spinale 71 Columbus Ave. Salem, MA 01970 Dear Mr. Spinale: It has come to the Historical Commission' s attention that your property at 2A N. Pine Street does not conform to the plans you . submitted for a Certificate of Appropriateness in the fall of 182. We are referring in particular to the vertical sliding garage door that is presently in place on the street (west) side of the building. It is represented in the drawings that there either already were, or soon would be, a pair of wooden swinging doors in that wall. In either case, it would appear that you are in violation of your Certificate of Appropriateness. Unless some solution-to-this problem is worked out soon, the Commissron' will :be forced to Make fiot`rectve action on its. own, which could involve a fine. _'Please get in touch with me as soon as you can at 745-9595, ext-. 311 . Thank you for your cooperation in this - matter. - - - Sincerly, Kent C. Healy Preservation Planner 4 N. Pine, Richard F. Bowen 5 N. Pine, James & Mary A. Swift 1-3 N. Pine, Pottery Realty Trust , 101 Lowell St. , Reading, MA 01867 2 N. Pine, Thomas & Leocadia Brown 398 Essex, Resident 400 Essex, Don Rose & Nina Simons Building Inspector J351 Section 10. Variances The permit granting authority shall have the power after, public hearing notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon yeti- tion with respect to particular land or structures a vari- ance from the terms of the applicable.zoning ordinance or by-law where such permit granting authority specifically Variance Cannot be ' finds that owing to circumstances relating to the soil con- Granted unless ditions , shape, or topography of such land or structures Permit Granting and especially affecting such land or structures but not Authority affecting generally the zoning district in which it is Specifically Finds located, a literal enforcement of the provisions of the That All Conditions ordinance or by-law would involve substantial hardship, Have seen Met financial or otherwise, to the petitioner or appellant, and that desireable relief may be granted without substan- tial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by- Use variance Must laws shall expressly permit variances for use, no variance be Expressly may authorize a use or activity not otherwise permitted in Authorized the district in which the land or structure is located; ordinance-nr provided however, that such variances properly granted Ey,Law - -- prior to January first, nineteen hundred and seventy-six .... K but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date. variance cannot The permit granting authority may impose conditions, safe- be Conditioned guards and limitations both of time and of use, including on continued the continued existence of any particular structures but ownership excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. Rights authorized If the rights authorized by a variance are not exercised , by variance Must within one year of the date of grant of such variance. such be Exercised within rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written appli- cation by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months_; and provided, further, that the application for Extensions such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section. Added by St. 1975, c. 808, s. 3; Amended by St. 1977 c. 829, s. 4b and St. 1984, c. 195 10-1 10/10/84 l e � a � o � � � � � � � � a4 COPY FOR YOUR •,.",uk,� INFORMATION KEVIN T. DALY r LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T4J' ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET SALEM—MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITORINGTON STREET - 745-4311 745-0500 93 WASH921.1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA. 01970 745-4311 744-3363 PLEASE REPLY TO RI WASHINGTON STREET y-ya April 25, 1988 v _ L: Councillor Kevin R. Harvey }` -� 35 Andrew Street - Unit 1 U Salem, Massachusetts 01970 Re : City of Salem vs John Spinale Salem District Court Dear Councillor Harvey: Please be advised that on April 21, 1988 Mr. Spinale admitted to sufficient facts for a finding of guilty in the above matter. The court continued his case for three months (7-20-88 ) without a finding and assessed him $65. 00 in costs. Mr. Spinale' s tenant has moved and he has assured me he will not again rent the house. In addition. , he will comply with all the other terms of the original variance. V.efy— ruly yours ,- Michael E. O' Brien City Solicitor MEO/jp cc: William H. Munroe, Inspector of Buildings . -� C�,�.► ten, �( , 100 g M " NUMBER ' C ADULT APPLICATIONTrial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE I District Court Department ARREST LA NEARING - 0,§UMMONS D' WARRANT COURT DIVISION The within named complainant requgsts.that acomplaint Issue againstthe,within Salem'Dlstrict Court named defendant, charging said defendant with the offgnse(s)listed below. 65 Washington Street DATE OF APPLICATION' ,npT F F SE : PLACE-OF DEFENSE /' 'q'��j it 4k Nor.th "Pi'ne St. , SaYen; MA Salem, MA.01970 . AD .. 2.4- .1 8 ' .8-24-8 NAME OF COMPLAINANT I N.O. OFFENSE G.L. Ch. and SeC William H.-'Munroe Zoning Enforcement Officer ADDRESS AND ZIP CODE OF COMPLAINANTViolation ,of '.City of Salem City of Salem t Zoning Ordinance Section VI Residential Density _ One Salem Green Violation of City of Salem Salem, Massachusetts 01970 Z, Zon.in9g Ordinance Section V.11 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Off-Stfee t'Fark lrl - John D. Spinale 71 Columbus Avenue Salem, Massachusetts 01970 ..A, COURT USE A;hearing upon this cornpl�alnt ap ;icaa lcn DATEOFHEARING - - . TIME OF HEARING 1.�000RT USE ONLY--i . will be at the above court.address,on AT ON LY CASE PARTICULARS--=-BE-S-ECIFIC o _ _ -- _..._ _ ' NAME OF VICTIM DESC IPTIOOF PHOPER'i 4' '. VALUE OF PROPERTY �TYPE OF CONTROLLED N ,No Owner of property, Gaodsatolen,whit Over or under SUBSTANCE OR WEAPON person assaulted,eta •destioyed,at9.. 5100. Marijuana.gun,etc 2 Ir. ' OTHER REMARKS: SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION.— Complete data below if known. p 4TE OF 3IRTH . pLACEOFBIRTH- - 50CIALSEOURITV NUM ER ,SE%' RACE' HEIGHT" WEIGHT EYES HAIR C,GJP-"ClN - EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME - . COURT USE,O.NLY — ...-- AUTHORIZED 3.. DISPOSITION _- NO PROCESS TO ISSU9 At request of complainant Complainant failed-to prosecute nsufficient eylde9 nce Navin been presented — ---- T— ES --- ''PROCESS TO ISSUE TYPE OF'PROCS ; Sufficient evidenbe presented .'. Warrant Defendarif'failed;to 'appear Summbns returnable.___.. 1112,019' 17 at -�:o D ,90M Sr•'fp``�� cc: City Clerk Fd \ Building Inspector 1 .t Salem Historical Commission CITY HALL. SALEM. MASS. 01970 745-9595 , ext. 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration ( ) ; painting (x) ; sign or other appurtenant fixture ( ) work as described below in the . .. McIntire Historic District (NAME OF HISTORIC DISTRICT) Address of Property .2A North-Pine Name of Record Owner: John Spinale DESCRIPTION OF WORK PROPOSED: Paint colors: Old Parchment (Pittsburg Paints) - trim & corner boards Colonial Yellow (Kyanize solid stain) - Body & garage door Park Green (Benjamin Moore) - Front door Colors to be stains to match the chip colors will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: February 15, 1989 SALEM HISTORICAL COMMISSION � /7 By Chairman a,,V. t�cFY.ti Cfg of ulFm, ttss �I�u Effs 4 ,n _ s PIIxrb of ( PPFVA Y MINUTES OF THE BOARD OF APPEAL - SEPTEMBER 29, 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, September 29, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly published in the Salem Evening News on September 15, 22, 1982: abuttors and other interested persons were notified by mail . Present were: Mr. Feeherry, Mr. Hopper, Mr, Hacker and Mr.LaBtecque, also present was Associate Member Mr. Luzinski. 2A North Pine Street - John D. Spinale Petitioner is requesting a Variance from density requirements to convert an existing Carriage House to a single family4residence. Mr. Feeherry read the petition and a letter from the Fire Dept. (on file) . Attorney Robert D Bowes represented the petition. He displayed plans and pictures, explained that the structure was a two story structure which is presently being used for the storage of a car. Mr. Spinale plans to have an enclosed garage on the first level and living area on the second. Mr. Feeherry then read a letter from the Salem i Historical kCommission (on file) stating thet were in favor of the petition.. Mr. i .,,... Bowes said that the building had been moved to this site, but where it was moved from or its original use has been lost in antiquitgp No one appeared in favor. a Appearing in opposition were Thomas & Laura Bryson, 2 North Pine St. , they were upset with the address being 2A North Pine, also felt the property should be x surveyed again, at least on the side. William White, 398 Essex St. was concerned e that Mr. Spinale would not occupy the building also, the area is so congested he would rather the building remain a cartiage house. Mr. Richard Bowen, 4 North Pine r St. , also opposed because the congestion in the area. Attorney Bowes said that € this would not necessarily increase traffic. Mr. Piemonte question Mr Bowes on the survey issue, was the building on neighbors property. Mr. Bowes said there was no problem with the lot, if it is on someone else's property it has been that way since 1848 when the building was moved to this location. Mr. Piemont then asked where the hardship was, Mr. Bowes said it was on the land. Mr. Feeherry asked the Brysons if changing the number 2A to another number would satisfy their objection They said they would like to see the number changed. Hearing closed. Mr. Piemonte: said that as long as the Historic Commission had no objections and it will be owner occupied that he had no objections. Mr. Feeherry made a motion to grant the petition on condition it will be used only as a single family dwelling, single ,parking space will be maintained at the site, it will be owner occupied, if not, this variance will terminate and the property can only be used as a garage, must make a reasonable effort to change the number of the property, Certificate of _ Occupancy and Use must be obtained prior to use, all exterior work must meet the approval of the Historical Commission, must obtain a Certificate of Compliance from the Fire Marshal. Mr. Labrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr . Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte. Mr . Luzinski was not a voting member. GRANTED. l , '82 001 -5 A 9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CL_' '.';• ;;FFICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. ,i 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an oc•)ner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. t 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire. Safety Codes. Anthony M. Feeherry, Secre a y I fitIS.)'DECI$ CI, VIj�!p,IgN� E- gFEN AIL�D1[IITF.7 !TY..c PL'"\Mf\G BOARD AND CITY CLERK ?ECOCU OR IS UCCROEO AND P7!L;) C:i HIL C:::f:TS OF ':-,LE. DOARD CF APPEAL '82 OCT -5 A9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CL_R:`1-, 'YFICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. j 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission, e 5) One off-street parking space shall ;be maintained at the site. 1) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire- Safety Codes. l h Anthony M. Feeherry, Secre ary I _'IFfIS, DECI$: QV un !P.IpNSsEHA':E:SEEN.,,,F ;11ITH 7H. hEPL.;\"NING BOARD AND CITY CLERK 711E ('11:1,E U. W.0 C17i T;F I .... . . S :. LL i:' 1.. i1 .. .i.0 .. . :T• 111::1 C!i'f TL:I?:. 'i!.:.i i..'IT. . .. as A "PL 1) 1:1 laic S'j'0,8 ...=.. T-1;.!S :.` RECORJ OR IS UCCRJEi) AND il'v1E0 U?! TIIE C::::E RJS CE'MFiC:uE 67 T:TLE. GOARD CF AIYEAL '82 OCT -5 A 9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CLE':C'c 'FACE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 ' September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire. Safety Codes. Anthony M. Feeherry, Secr'e y ,.. ._ '^'IF °ALL EE '"._E :'!4S!IP.aT TO SiL i':;I 17 U THE "ASS.fIS DECI. S'1 4I,; vp�'p. N3_ H_k!.E..BEEN;TILrl7':FTITI HE 'PL'-4\iJING BOARD AND CITY CLERK C: THE Cfc:CE OF THE Gii .._-..< . . isi:i ..._A i:.'. HM)M) OP IS H@CORDED AND iM,;) Oii THE r::;;MS ':TLE. BOARD OF APPEAL rrr. l'.;_ '82 OCT -5 A 9 :37 C DECISION ON THE PETITION OF JOHN D. SPINALS CITY CL_R ';, OFIICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an oi•mer of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. c 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire- Safety Codes. Anthony M. Feeherry, Sec re 2, y I _'iFCZS.''DECI$'it p,LpNS_E �,,,.E SEEN•,TCEL 17 41ZTI� IOr Th EPL'. \i�I\'G BOARD AND CITY CLERK i:•i.. ..-..,.:3'I C! TIl� Cf Fil:i U: i!:E G:i ..-i'i . . 11T!4F .T."I .,, ..,.. :!C. , -:Eta ..... ... .. ... .. .. . :.- .. .. . .. . . ...:i .-L0. •..,O10 fi7 l�iE .,�Ji^ �.. i;E .!$i:a :F .. I..L[' LEO !ECOCO OR IS UGOROEO ANO Ni!L;) Oa 7!.E 6::::E3J5 CESiiF;C.,;! 07 TITLE. G0AB0 CF APPEAL '82 OCT -5 A9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CLL3 C'F ICE KE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. ,/ 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an ocmer of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. e 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire- Safety Codes. �/ Anthony M. Feeherry, Secre a y I _fiFIIS.'DECI$1iQN,:p5j' P:LAN�-FAVE BEET;I.,,RIL7RD-FWITFi HEI PL'.;\'NIN'G BOARD AND CITY CLERK 1:! TILE CFF:;;E OF TP:E C:ii t;--...! li..., TI.. . ...,�20 1f7 1�iE .,J9i^ ._. _.. GE:.!;i:;t :.` ..__.,.• ... : E:'.L^ .. ._ . . . .., .� i;F i:,_ O:'.CER B ECONO OR IS RLCUOEO ANN i7OTC1) UC ilia 0::::E3�5 CU71FiC?1 Oi T:-,LE. HARD CF APPEAL Pyr l'•?- '82 OCT -5 A 9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CL.R:'.'S fF ICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. j 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. r 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire- Safety Codes. Anthony M. Feeherry, Secref y I 1SDECK i�V E :SEEN' 1 fLiD 41ITH7 iTFEh_PEjA\^NI\G BOARD AND CITY CLERK i h:.. .._...C✓il I.! �Ilz CFF71;E u. ii'c G:ri ...AH) 1:1 UE SJCiI; .-. ;.. i; :.!jri:f ;F .. ...� :..t E::L_^ .. ._ . .: . ...: .� i;F i'.•_ C:'.CEB r?ECOf!D OR IS K! OROEO FANO i4O1,i) W; ME C::::E 2'S CEMFiC',;! OF TITLE. BOARD CF APPEAL '82 OC1 -5 A 9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY CLL':'.';, :-YF ICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an oi•,ner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission. e S) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire: Safety Codes. Anthony M. Feeherry, Secree y I •• ." + •'�• °UL EE f".i= J"S!1PIIT TO Sc,?';d. 17 CF THE !'ASS.'�FIIS• .DECZ� ip�+ ND"p;1A ,E:.SEEN. 7`EL-FD,.NITF. HE FDA\, G BOARD AND CITY CLERK ,.. i. .. .._.•:5:9:'1 I:! "HE Cr SII;E Ui WE C1ii : r... l+ Tor .. . -F7`,'_ r7:. IT BECOCJ ()Z IS HLCOBOED ANO i4O1C0 Uti THE C::::EHJS M7!FiC',iE G; T:TLE. DOARD CE APPEAL Pcrci .;_ '82 OCT -5 A 9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CIT)' CL:_'''*_' U;ICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-fa-r..ily dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. Ij 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the / Salem Historical Commission, e 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire- Safety Codes. Anthony M. Feeherry, Secree y I _ZE`ISIDECIS: i]� �p y,IpNE S7HA,..E BEENI TILzD'4WITF: 7ME' PU.M\-DING BOARD AND CITY CLERK I;! THE Cff'J;E J: UE 6Cfi C17-1'. . . .`:Ii ._.! 1i... T;!:. C._. ....:cU li7 I;ic C'JCiB ._._.. i:E .!Jii;f ;f ..__..- ...� ,• E::E^ .. ._ . .. . ..., .� i;F i,_ O:'.::`_c2 3EC;J OP IS NCCORDED AND iIOTE'J W; TILE 0':;:F3'S'CU..i0C.;iE GF TITLE. WARD CF APPEAL '82 OCT -5 A9 :37 DECISION ON THE PETITION OF JOHN D. SPINALE CITY UI ICE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the Salem Historical Commission. 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire. Safety Codes. Anthony M. Feeherry, Secref y _fifflS, DECD: �V 'jgD"PLANS Er SEEr;/.'rILfI7 FtITf7 c.r TE Hch PL!"\iJI\G BOARD AND CITY CLERK "., ril I:! ilia C(f.I;E U: 1F.E ( -r'• r7 L Tyr .11 1 .. . ,_LL is I'. f 7 ::U I❑ I;iE _ Oiil .: i;G.!jii;i :.' .. ••E'E::ED .. ._ . i;F i,_ 0:'.i:°_R RECOCU UR IS IiLCOROEO ANU ilGia) U:i ilia Ct:::EaJS CE.^.71Fi C.liE Ci ';,LE. BOARD CF APPEAL ' �dAAgM[A�1y C pp` ( KEV/N 'T.,DALY - 5 fi -'' LEONARD F. FEMINO ASSISTANT CITY SOLICITOR YAy 4� ASSISTANT CITY SOLICITOR 93 WASHINGTON .STREET : 93 WASHINGTON STREET AND CITY Off' SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'BRI EN SALEM.-MA 01970 CITY SOLICITOR BEVERLY; MA 01915 R` 745-4317 . '93 WASHINGTON STREET 745-4311 245-0500 921-1990. ' AND . PLEASE REPLY TO ONE CHURCH STREET `81 WASHINGTON ,,STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 0197Q 745-431'1 744-3383 'PLEASE REPLY TO 81 WASHINGTON STREET i December 11, 1987 Councillor Kevin R.. Harvey 35 Andrew Street - Unit l C� I= Salem, Massachusetts 01970 ry Re City of Salem Y, r PYf. vs rW John Spinale � � Cfl r__. ,r• :: 1� ZZ Salem District Court ON Dear Councillor Harvey y co Please be advised that yesterday I went to Salem District Court to inquire as to the status of the above matter. Apparent- ly, the court papers were misplaced' and never served on Mr. Spinale. A new arraignment date has been scheduled for January 20, 1988 -at 9 :00 A.M. ver, my yours.-C-_', i ael E. O'Brien City Solicitor MEO/7p cc: William H. Munroe,. ' Inspector of Buildings Don E. Rose ofIezll, R1 IIIlirt e arfnirrtt (nnr ?ialrni (Fjrrru 7.15-0213 William H. Munroe Director of Public Properly Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp, July 31 , 1987 John D Spinale 71 Columbus Avenue Salem,MA 01970 RE : 2A North Pine Street Dear Mr . Spinale , I am in receipt of many complaints alleging Violations of the condition placed upon the Decision of the Zoning Board of Appeal regarding property_ o_wned by you located at 2A North Pine Street . ,;_ . The complaint alleges that you failed to comply with condition number five ( S) of. the Board of Appeal Decision , that one CI ) off street parking space shall be maintained at the site . Therefore this department insist that within fourteen ( 14 ) days of receipt of this notice that you comply with that condition or vacate the building . Failure on your part to respond will leave us no alternative but to seek legal action against you . Respectfully , Maurice M . Martineau Assistant Building Inspector MMM/eaf C . C . L . Mroz Councillor O ' Leary City Clerk it r z a ublit rtipPl 7 �P�tZiYfl-arnt �'JR��+wNe w"1Ot� �11tC�i Tlt11; �E�IZIrtIttPtlt 4 William H. Munroe One Salem Green 745-0213 1 June 6, 1985 John D. Spinale 11 High Street Salem, MA 01970 RE: 2A North Pine Street Dear Mr. Spinale: I am in receipt of a complaint alleging violations of the conditions placed upon the Decision of the Zoning Board of Appeal regarding property owned by you and located at 2A North Pine Street. The complaint alleges you have failed to comply with conditions number 3, 5 and 7 of the attached decision. I must therefore insist that within seven (7) days of your receipt of this notice you address these issues and notify me, in writing, 4of your intentions. Your failure to respond will leave me no alternative but to initiate the appropriate action. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms Enclosed: Copy of Decision dated 9/29/82 cc: James B. Hacker, Chairman Board of Appeal STLCR POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, TERTIFIEO WLR FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.pea bell 1.It you Mm this receipt postmarked,stick the gum;rod wt b-dn the left portion of the address side of the article Iaaving the receipt attached and present the article st a post office service window or hand it to your nJTMI carrier.Ino more charge) 2 11 you do not want this receipt postmarked,stick the Summed stub on the left portion of the address Fide of the article,date,detach and retain the recelpi,and mail the artkle. 3.R you want a return receipt,write the certified-mall number and your name and address on e retumreceiptcard,Form 301 t,prid attach it tothefrontoftheardclebymeans ofthegummed ends if space permits.Otherwise,affix to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to the number. 4 If you want delivery restricted to the addressee,or to an authorized agent of the addressee, endorsepESTRICTED DELIVERY on the front of the article. 6.Enter ,8 for the services requested in the appropriate Spares on the front of this receipt.N return receipt Is requested,check the applicable blocks in hem 1 of Form 3811. 8.Save this receipt and present it N you make Inquiry. P 443 509 421 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVO- ` NOT FOR INTERNATIONAL MAIL (See Reverse) Sent t I! / % treat an I No. // / P,O., t nd Z Code Postage $ Certifled Fee Special Delivery Fee Rbstricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, N Date,and Address of Delivery m a TOTAL Postage and Fees $ a Postmark or Date o �E n E 0 w rn a UNITED STATES POSTAL SERVICE I (I II I OFFICIAL SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the space below. •Complete items 1,2,3,and 4 on ua the reverse. •Attach to front of article if space ° Permits,otherwise affix to back of art do . PENALTY FOR PRIVATE •Endorse article Return Receipt USE, $a00 Requested"adjacent to number. RETURN Print Sender's name,address,and ZIP Code in the space below. TO Building Dept . / City Hall Annex One Salem Green Salem,MA 01970 •SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side.;Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the arson delivered to and the chi's of delive .For additional fees the following services are availab e.Consult postmaster ehack ox es)for additional service(s)requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number P 154 217 432 Type of Service: Registered ® Insured Certified COD Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signature—Addressee 8.Addressee's Address(ONLY if X requested and fee pard) 6.Signature—Agent X 7.Date of Delivery PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT STICK POSTAGE STAMPS TO APTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. It you want this receipt postmarked,stick the gummed stub on the left portion of the address sitle of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do net want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article, date,detach and retain the receipt, and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. I1 you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5.Enter tees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it it you make inquiry. P 154 217 432 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL - (See Reverse) e Sentto John D - Spinale Street and No.71 Columbus Ave P.O.,State and ZIP Code C; Salem,MA 01970 Q: o 'Postage It Certified Fee 1 . 67 . Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered oReturn receipt showing to whom, m Date,and Address of Delivery A TOTAL Postage and Fees $ I . 67 LL c Postmark or Date "E `o LL m 6 3 a �ublic �rn�Frt� �'ep�rttnent Ctu of .""<'o�wn:e�+"'�<~^ r�� lil1�1I]iil, �F#J2ITt11SFI1t (0110 !i�nlrm (hrccn 7115-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. July 31 , 1987 John D Spinale 71 Columbus Avenue Salem,MA 01970 RE:� 2A North PineStreet„ Dear Mr . Spinale , I am in receipt of many complaints alleging Violations of the condition placed upon the Decision of the Zoning Board of Appeal regarding pr:opes23, ;gwared .b.y_ - at-<$A':Nox-th.P:in-e _St.nee:t` The complaint alleges that you failed to comply with condition number five ( 5) of the Board of Appeal Decision , that one ( I ) off street parking space shall be maintained at the site . Therefore this department insist that within fourteen ( 14 ) days of receipt of this notice that you comply with that condition or vacate the building . Failure on your part to respond will leave us no alternative but to seek legal action against you . r Respectfully,, �:sso�[✓f Maurice M . Martineau Assistant Building Inspector MMM/eaf R c . c . L . Mroz Councillor O ' Leary City Clerk t t