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20 NORTHEY STREET - BUILDING INSPECTION 20: NORTHEY STREET 70 WASHINGTON STREET, SUITE 212 SALEM, MASSACHUSETTS 01970 Volker & Sexton TELEPHONE (978) 741-1308 COUNSELORS AT LAW FACSIMILE (978) 741-4734 (A PROFESSIONAL CORPORATION) March 7, 2002 Paul Thomas Rabehenuk, Esq. 81 Washington Street, Suite 311 Salem MA 01970 RE: 20 Northey Street, Salem MA Your letter of February 26, 2002 Dear Attorney Rabchenuk, I received your letter dated February 26, 2002 concerning Margaret Jones and Theresa DiMatteo use of their driveway at 20 Northey Street. My clients are disappointed with the Olszewski family's reception for their new neighbors. It is unfortunate that your clients did not express their feelings about the driveway to my client when the broker introduced her as a prospective buyer. The Ordinance referenced in your letter (now Article VII, Section 7.3 et seq), does not apply to Ms Jones' and Ms DiMatteo's use of their driveway at 20 Northey Street. That section requires maintenance of off-street parking for a building which, "after the effective date of this ordinance, is erected, enlarged or altered. " As alluded to in my earlier letter, this is a neighborhood of narrow streets, old homes, small lots and narrow driveways. Article VII, Section 7.3 does not attempt to impose the current requirements of this ordinance to the existing homes in this or other older neighborhoods in the City as to do so would result in a substantial portion of such neighborhoods being in violation of the ordinance. Moreover, the City understands that an ordinance that-would seek to impose and enforce new requirements on this and other old neighborhoods would have dubious validity. With respect to the paving mentioned in your letter, my clients do not seek any rights to use that portion of the paved area on your clients' land. Such paving, however, must have been accomplished with either the active or passive consent of the Olszewski's or their predecessors in title. Whatever past agreement they had concerning the paving is personal to those parties, and does not impose any obligation upon my clients concerning removal. Your clients are free to remove the pavement from their land, taking care, of course, not to damage areas on my clients' property. Your clients can expect that Margaret and Theresa will continue to be sensitive in the use of their driveway. I am available to discuss this matter with you if you feel it will be useful. Very,truly-your, Bernard T. Sexton BTS/kbs / cc: Frank DiPaolo/Assistant Building Inspector City of Salem Regina Robbins Flynn, City Councilor Ctu of Sttlent, Alssar4lisetts Public Property Pepartmeut � 7�pp �Nuilbhtg RLPpartntent (One -*atom (6reen 7.15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. January 27, 1988 Paul Thomas Rabchenuk Attorney at Law 21 Washington Square, North Salem, MA 01970 RE: .a.20=Nor-they_Street,,Salem;MA Dear Sir, Due to lack of information on an existing driveway at 20 Northey Street , it would be inappropriate to take any legal action at this time. Confirmation would be needed as to when this driveway was constructed and certified plot plans of the properties involved. Sincerely, _2)e," [moi" David J. Harris Assistant Building Inspector DJH/eaf 'Cow CtV of *a1em, 11uhlic VropertU Peparfinent wJ�t41MML�+'4� 1li uillilla �lepttrtncent WnP A1PRI WCPPn 745-9595 Ext. 380 Director of Public Property William H. Monroe April 22, 1988 Paul Thomas Rabchenuk Attorney at Law 21 Washington Square, North Salem,MA 01970 RE: 20 Northey St. , Salem,MA. Dear Sir, Pursuant to your letter concerning a driveway at 20 Northey Street , please be advised that there is insufficient evidence of a Zoning Violation at that address. Sincerely, i David J. Harris Assistant Building Inspector DJH/eaf C.C. City Solicitor Ward Councillor Paul Thomas Rabchenuk Attorney at Law 21 Washington Square, North `2 fJ Salem, Massachusetts 01970-4034 (617) 741-1163 CJ Tl 1); ,n April 5, 1988 Honorable Anthony Salvo Mayor City Hall Salem., MA 01970 RE: Olszewski family, 18 Northey Street, Salem, MA Dear Tony: The enclosed copy of my letter to David Harris is sent to you to keep you informed about the recurring problems the Olszewski' s are having with the absentee owners of 20 Northey Street. The Olstiewski' s appreciate your help with the abandoned truck and ask that you continue to monitor their problems so that action will take place. Sincerely, z Paul Thomas Rabchenuk Attorney at Law cc: Mr. Edward Olszewski Mr. David Farris Paul Thomas Rabchenuk Attorney at Law COPY 21 Washington Squar4illgo#h42 P11! 1�8 Salem, Massachusetts 01970-4034 (617) 741-116fITYO7= 5' April 5, 1988 Mr. David J. Harris Assistant Building Inspector City of Salem 2 Salem Green Salem, MA 01970 RE: Zoning violation - 20 Northey Street Dear Mr. Harris: Pursuant to your letter of January 27 , 1988, enclosed is a copy of a certified plot plan involving the properties at 18 and 20 Northey Street. The plan ,shows that the driveway encroaches one foot onto the Olszewski property. It should be two feet away from the property line. Kindly make every effort to enforce this matter and to arrange for the curb to be restored. A check of the records of the City of Salem shows no permit for a curb cut or any record of one having been legally made. Sincerely, Paul Thomas Rabchenuk � � Attorney at Law . cc:"Mayor Anthony Salvo Mr. Edward Olszewski Paul Thomas Rabchenuk Attorney at Law 21 Washington Square, North SEA4. Salem, Massachusetts 01970-4034 87 CITYQf a C (617) 741-1163 yS September 18, 1987 Mr. William Munroe Building Inspector City of Salem 2 Salem Green Salem, MA 01970 Re: Zoning violation - 20 Northey Street Dear Mr. Munroe: Formal complaint is hereby made to you in behalf of my clients, the Olszewski family of 18 Northey St. , Salem. The parking lot and driveway at 20 Northey Street encroaches on the property of my clients, having been paved right up to their foundation. The use of this driveway and parking lot is in direct violation of the zoning ordinance of the City of Salem in that the paved surface is less than two feet from the property line. As a result, my client' s home is often struck_ by entering vehicles and vehicles at 20 Northey Street are stored within inches of their home. My clients request action by you to prevent the further use of this paved area as a driveway or parking area. Your early attention would be appreciated for peace of mind of the Olszewski family. CSincerly\, ;Paullhimas Rabchenuk Attorney at Law cc: Bradley and Diane Treadwell Mr. Edward Olszewski Paul Thomas Rabchenuk COPY Attorney at Law 21 Washington Square, North Salem, Massachusetts 01970-4034 (617) 741-1163 September 17, 1987 Mr. Bradley K. Treadwell Ms. Diane Treadwell 10 Maverick Street Marblehead, MA 01945 Re: Property at 20. Northey St. , Salem Dear Mr. & Ms. Treadwell : This office represents the Olszewski family who are residents and owners of 18 Northey St. , Salem. Please be advised that your driveway at 20 Northey Street, Salem encroaches on the abutting Olszewski property. Vehicles-: are parked and stored on my client' s property within inches of their house, causing nuisance and physical damage to the dwelling. The use of your property as a driveway is in direct violation of the zoning ordinances of the City of Salem and specifically Section 7, Chapter E2 which stipulates that the surface area of parking lots and driveways must .be set back no less than two feet from the property lines. A prior owner paved the parking area up to the foundation of the Olszewski home. .. Be advised that you and your tenants must immediately refrain from parking within two feet of the property line. A formal complaint is to be sent to the City of Salem concurrent with this letter. Sincerely, Fulhomas R chenuk Attorney at Law cc: Mr. Edward Olszewski Mr. William Munroe Building Inspector Certified Mail Return Receipt Requested KEVIN T. DALY � LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T% ��.�"�Q 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 01970CITY SOLICITOR - BEVERLY. -MA 01915 745-4311 745=4311 93 WASHINGTON STREET _ 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 SI WASHINGTON STREET May 27 , 1988 r rt; Mr. Bradley K. Treadwell 10 Maverick Street Marblehead, Massachusetts 01945 ,.cam, . Re : 2Q Northey Street, Salem Dear Mr. Treadwell : Please be advised that it has been brought to my attention that the driveway at the above location is in violation of Sec- tion VII (C) (4 ) (e) ( 2 ) of the City of Salem Zoning Ordinance in that the paved surface is less than two feet from the abutting lot line. The City of Salem Zoning Ordinance provides for a $100 . 00 fine for such zoning violations with each day of such violation constituting a separate violation. . Accordingly, unless arrangements are made to either .remove that portion of the driveway that is in violation or erection of some sort of barrier to prevent use of the area as a drive- war, this office will have no alternative but to seek imposi- tion of the aforementioned fine. V r truly your -, nichael E. O'Brien MEO/Jp COPY FOR YOUR INFORMATION Paul Thomas Rabchenuk Attorney at Law u �J 21 Washington Square, North Salem, Massachusetts 01970-4034 (617) 741-1163 January 11, 1988 n c_ Mr. Bradley K. Treadwell n: :rz,-, — Ms. Diane Treadwell ren CZ 10 Maverick St. Marblehead, MA 01945 RE: Property at 20 Northey St. , Salem Dear Mr. and Ms . Treadwell : On September 17 , 1987 I notified you of the problem the Olszewski family of 18 Northey Street, Salem had with the storage of your tenants ' vehicles within inches of their home. Although the matter had improved since then, the Olszewski family has informed me that one of your tenants is again stor- ing a truck against the side of their dwelling. In addition, the tenants and their guests occasionally park their cars in this area. Kindly arrange to have this problem corrected, as the use of this land as a driveway is in direct violation of the zoning ordinances of the City of Salem. My clients also ask that you consider the installation of some form of permanent barrier so that this problem will not occur again. Thank you for your anticipated cooperation. Sincerely, oa-_� . - 6t_44V� Paul Thomas Rabchenuk Attorney at Law PTR/jjr. cc: Mr. E szewski w; i amMunroe Building Inspec or Paul Thomas Rabchenuk copyAttorneyatLaw 21 Washington Square, North Salem, Massachusetts 01970-4034 (617) 741-1163 September 18, 1987 Mr. William Munroe Building Inspector City of Salem 2 Salem Green Salem, MA 01970 Re: Zoning violation - 20 Northey Street Dear Mr. Munroe: Formal complaint is hereby made to you in behalf of my clients, the Olszewski family of 18 Northey St. , Salem. The parking lot and driveway at 20 Northey Street encroaches on the property of my clients, having been paved right up to their foundation. The use of this driveway and parking lot is in direct violation of the zoning ordinance of the City of Salem in that the paved surface is less than two feet from the property line. As a result, my client' s home is often struck by entering vehicles and vehicles at 20 Northey Street are stored within inches of their home. My clients request action by you to prevent the further use of this paved area as a driveway or parking area. Your early attention would be appreciated for peace of mind of the Olszewski family. Sincerely, P� ��� homas Rabchenuk Attorney at Law cc: Bradley and Diane Treadwell Mr. Edward Olszewski i RL OT i:�'LA N d F LAN / ZD 6wNED Tay EDwAi� c>._U�. CITYS5. . SAY STATE SURVEYING SERVICE INC. 234 CABOT ST., BEVERLY, MA. THIS- 7S A TAPE" ZORVL-Y IvOT �{N_zN5T2- . Svc✓EY 'd Of „q WHENEVER AN OFFSET IS 'JAMES syT 1'±OR LESS AN INSTR. SURVEY IS No r2GD94 RECOMMENDED TO DETERMINE �s 9ECISTIRk PROP. LINES. s'ONa4 TAVo 5o't i r, P NIS- 12EADu1tLL Lv-1 w zy � 0 2-5Ty 510 IL NORTHEy 5T.