4 OLIVER STREET - BUILDING INSPECTION a ,
4 OiIVER STREET
of Salim, gl assar4ns2ffs
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Richard T. McIntosh
One Salem Green
745-0213
March 12, 1985
David Atkinson
26 Winter St.
Salem, MA 01970
Dear Mr. Atkinson:
RE: Trailer Truck Tractor
A copy of the City Solicitors opinion regarding your parking
a truck tractor in enclosed. As you can see the Legal Department
agrees with me that this is not an allowed use and is a violation
of the Zoning Ordinance.
I am therefore requiring you to cease and desist from this
illegal activity immediately. As you are aware there is a continuing
case in teh district .court relating to this matter.
Your failure to cease and desist may result in a complaint being
signed by me to have this matter turned over to a judge. This is a
cri
(fttU of �tt1Em,. �J1jassar4us.o rm
a 1 1
s'uciw�sva�` �nL1�Ln� �P�72LLtI:L°Itt
Richard T. McIntosh
One Salem Green
745-0213
January 9, 1985
Michael O'Brien
City Solicitor
City of Salem
Dear Michael:
May I please have a written legal opinion relating to the
following:
Section V, page 18 of the Zoning Ordinance
It is my opinion that the use of a ( 10) wheel truck tractor
as a vehicle used to arrive at and leave from a residentially zoned
district is not allowed.
I have a situation where the above is happening and 1 have
brought an action in the District Court to enforce this apparent
violation.
The case is being continued pending a decision from you regarding
the validity of the complaint and specifically the Zoning Ordinance.
The question is "Does the use of a ( 10) wheel truck tractor as
a vehicle to arrive at, park overnight on his own property, and leave
from a residentially zoned district, constitute an allowed use?"
I would appreciate a reply at your earliest convenience. Thank
you.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: James Dauphine
David Atkinson
Robert Grant
Robert M. Tully
f, Ltt� of "Jal m, C �a sttfl�us�#Za
`�c��,�t�c-'� �1TT1�1TIt$ �P�JFLrtmPYTt
Richard T. McIntosh
One Salem Green October 23, 1984
745-0213
{
David Atkinson
26 Winter Street
AKA 4 Oliver St.
Salem, Mass.
Dear Mr. Atkinson:
It has come to the attention of this Department that you are
parking a semi trailor truck tractor on 4 Oliver St, every week-
end. Please be advised, that this is not allowed in a residentially
zoned district.
I am therefore requiring you to cease and desist from all of
your illegal activities immediately.
Failure on your part to respond to the above, will result in
this matter being pursued through the courts for their determination.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement
cc: James Dauphine, 6 Oliver St. , Salem
Stan Usovicz, Jr. , Councilor , Ward 2
RTMCI/jc
FIRST DISTRICT COURT OF ESSEX
APPLICATION FOR A COMPLAINT OR WARRANT
CITY OF SALEM ADDRESS 1 SALEM GREEN
COr.1PL%,RJANT
ALLEGED DEFENDANT
DAVID ATKINSON ADDRESS 26 Winter St.A.K.A.
(if Housc Contains More Tnnn One Family, Aperimunt) 4 Oliver St.
DATE OF BIRTH
Violation of City of Salem Zoning Ordinance Sec V
OFFENSE
(Give Chapter and Section of Statute. Ornlindnce or Rctlulalton Violated)
DATE OF OFFENSE PLACE OF OFFENSE
(Or if for Non-Support, Length of T ime Nu Support Hadl
STATE IF DEFENDANT ARRESTED _YES x NO DATE OF ARREST
WAS DEFENDANT BAILED _ YES NO AMOUNT S
INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS
LICENSE t ISSUED
REGISTRATION ISSUED
OWNER
INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS
JUVENILE ADDRESS
AGE
FATHER ADDRESS
faOTHER_ ADDRESS
FACTS UPON WHICH YOU RELY FOR COMPLAINT TO ISSUE
Mr. Atkinson is continually parking his 10 wheel truck tractor at 4 Oliver St. , he
is also continually running the engine, tuneing up the vehicle all of which is in
violation the allowed uses in a Residential Zone and which also violates the
City Noise Ordinance.
Richard T. McIntosh
WITNESSES
Zoning Enforcement Officer
City of Salem, Salem, Massachusetts / 1
DATE OF APPEARANCE IN COURT " "� V ` /D /7n
of �aL111,
�;• zTRublic ruprrtg PeFartment
�Quilhi1i; 3DeFxrtment
{RY
mna
♦ 1
William H. Munroe
One Salem Green
745-0213
April 29, 1985
Robert M. St. Pierre
Acting Chief
Salem Police Dept.
Dear Bob:
This Department has received a number of complaints -
regarding the parking of a tractor trailer at property located
at 4 Oliver Street in viclaton of the City Zoning Ordinance.
The complaint' s allege that the trailer is parked there
from Friday night through Sunday, outside the normal working
hours of this Department.
Would you kindly have the sector patrol observe the
property this coming weekend and advise me of their findings.
Thank you for, your anticipated cooperation in this
matter.
Sincerely,
William H. Munroe
Zoning Enforcement Officer
WHM:bms
cc: Stanley Usovich, Ward II
FIRST DISTRICT COURT OF ESSEX
APPLICATION FOR A COMPLAINT OR VJARRANT
CITY OF SALEM ADDRESS 1 SALEM GREEN
DAVID ATKINSON ADDRESS 26 Winter St-A.K.A.
EGED DEFEr.Dc,NT
Iif douse Contains Mune Tnnn One Family. Ucsjyn„u: Which Al,uumunt) .4 Oliver St.
DATE OF BIRTH
Violation of City of Salem Zoning Ordinance Sec V
OFFENSE
IGrve Chapter end Section of Stahne, Ordin,rnce or Flui.lulauon Violated) -
DATE OF OFFENSE PLACE OF OFFENSE
(Of if for Non Suppon, Length of 1 ime Nu Support Had)
STATE IF DEFENDANT ARRESTED _ YES x NO DATE OF ARREST
WAS DEFENDANT BAILED — YES NO AMOUNT 5
INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS
LICENSE + ISSUED
REGISTRATION + ISSUED
CV✓NER
INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS
JUVENILE ADDRESS
AGE
FATHER ADDRESS
t.�CTHER_ ADDRESS
FACTS UPON WHICH YOU RELY FOR COMPLAINT TO ISSUE
Mr. Atkinson is continually parking his 10 wheel truck tractor at 4 Oliver St. , he
is also continually running the engine, tuneing up the vehicle all of which is in
violation the allowed uses in a Residential Zone and which also violates the
City Noise Ordinance.
Richard T. McIntosh
wITNESSES
Zoning Enforcement Officer
City of Salem,. Salem, Massachusetts
DATE OF APPEARANCE IN COURT X ` 'A � l C /D l�
a Gifu IIIc�lEltt� C ��SLltS°
h` , r4l-
",�«�.�'' � LIT.�T P T[rfT:[PTTf
P,-.chard T. McIntosh
One Salem Green
745-0213 j
i
March 12, 1985
r
David Atkinson
26 Winter St..
Salem, MA 01970
Dear Mr. Atkinson:
RE: Trailer Truck Tractor
A copy of the City Solicitors opinion regarding your parking
a truck tractor in enclosed. As you can see the Legal Department
agrees with me that this is not an allowed use and is a violation
of the Zoning Ordinance.
I am therefore requiring you to cease and desist from this
illegal activity immediately. As you are aware there is a continuing
case in teh district .court relating to this matter.
Your failure to cease and desist may result in a complaint being
signed by me to have this matter turned over to a judge. This is a
cr'minallcomplaint and as such shoult not be treated lightly.
.i
Very truly your/s, r
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: Bob Grant, District Court
James Dauphine, 6 Oliver St.
Stanley Usovicz, Jr. , Councillor Ward 2
° ��
of cT�PIit� 5c7t 12so TM
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15
Richard T. McIntosh
One Salem Greer_
745-0213
January 9, 1985
Michael O'Brien
City Solicitor
City cf Salem
Dear Michael:
May I please have a written legal opinion relating to the
following:
Section V, page 18 of the Zoning Ordinance
It is my opinion that the use of a ( 10) wheel truck tractor
as a vehicle used to arrive at and leave from a residentially zoned
district is not allowed.
I have a situation where the above is happening and I have
brought an action in the District Court to enforce this apparent
violation.
The case is being continued pending a decision from you regarding
the validity of the complaint and specifically the Zoning Ordinance.
The question is "Does the use of a ( 10) wheel truck tractor as
a vehicle to arrive at, park overnight on his own property, and leave
from a residentially zoned district, constitute an allowed use?"
I would appreciate a reply at your earliest convenience. Thank
you.
Very truly yours,
r 4<<IF
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: James Dauphine
David Atkinson
Robert Grant
Robert M. Tully
Ctu of ttlerii, 'fflassarhusPtts
j Y
Public Propertg Pepnrtment
JAf4IH �' uilbing
�. rpttrtment
William H. Munroe
One Salem Green
745-0213
April 29, 1985
Robert M. St. Pierre
Acting Chief
Salem Police Dept.
RE�4_Oliver St.�
Dear Bob:
This Department has received a number of complaints
regarding the parking of a tractor trailer at property located
at 4 Oliver Street in violaton of the City Zoning Ordinance.
The complaint's allege that the trailer is parked there
from Friday night through Sunday, outside the normal working
hours of this Department.
Would you kindly have the sector patrol observe the
property this coming weekend and advise me of their findings.
Thank you for your anticipated cooperation in this
matter.
_. Sincerely,
William H. Munroe
Zoning Enforcement Officer
WHM:bms
cc: Stanley Usovich, Ward II
1
v
0 ;
MICHAEL E. O'BRIEN ',L9 MARY P. HARRINGTON
CITY SOLICITOR ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and and
187 FEDERAL STREET CITY OF SALEM 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
745-4311 744-0350
7443,983
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
March 7, 1985
Richard T. McIntosh
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
Dear Mr. McIntosh:
You have requested my opinion as to whether or not the
use of a ten-wheel truck tractor to arrive, park overnight,
and leave an owner' s property in a residentially-zoned dis-
trict constitutes a permitted use under the Zoning Ordinance .
Section V of the Zoning Ordinance clearly states that
the use you make reference to is not a permitted use in a
residential zone . Accordingly, such a use is a clear viola-
tion of Section V of the Zoning Ordinance .
Ver 7uly yours �-
ael E . O'Brien
City so"C too:
MEO/Jp
cc: City Clerk
r
_�s'`,�ti":;; �Tf�J IIi ��crilPI'it, C 1c`T=�r7L_FiLIrs°tIri
Richard T. McIntosh
One Salem Green
745-0213
January 9, 1985
Michael O'Brien
City Solicitor
City of Salem
Dear Michael:
May I please have a written legal opinion relating to the
following:
Section V, page 18 of the Zoning Ordinance
It is my opinion that the use of a ( 10) wheel truck tractor
as a vehicle used to arrive at and leave from a residentially zoned
district is not allowed.
I have a situation where the above is happening and 1 have
brought an action in the District Court to enforce this apparent
violation.
The case is being continued pending a decision from you regarding
the validity of the complaint and specifically the Zoning Ordinance.
The ouestion is "Does the use of a ( 10) wheel truck tractor as
a vehicle to arrive at, park overnight on his own property, and leave
from a residentially zoned district, constitute an allowed use.
I would appreciate a reply at your earliest convenience. Thank
you.
Very truly yours, r
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: James Dauphine
David Atkinson
Robert Grant
Robert M. Tully
(fi#g of 'Salem' ttssttrl�u �##
`-�� � _ �ublu �ru}rextg �e�ttrtmPnt
c
Pepartment
Richard T. McIntosh
One Salem Green
745-0213
I
March 12, 1985
David Atkinson
26 Winter St.
Salem, MA 01970
Dear Mr. Atkinson:
RE: Trailer Truck Tractor
A copy of the City Solicitors opinion regarding your parking
a truck tractor in enclosed. As you can see the Legal Department
agrees with me that this is not an allowed use and is a violation
of the Zoning Ordinance.
I am therefore requiring you to cease and desist from this
illegal activity immediately. As you are aware there is a continuing
case in teh district court relating to this matter.
Your failure to cease and desist may result in a complaint being
signed by me to have this matter turned over to a judge. This is a
criminal complaint and as such shoult not be treated lightly.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: Bob Grant, District Court
James Dauphine, 6 Oliver St.
Stanley Usovicz, Jr. , Councillor Ward 2
>t •"=;., liift7 IIi Cul£ITIy �u�:.c`iL17Li5°fIni
s 1T'Ling 'PiI=i-_'Leltf
Richard T. McIntosh
One Salem Green October 23, 1984
745-0213
David Atkinson
26 Winter Street
AKA 4 Oliver St.
Salem, Mass.
Dear Mr. Atkinson:
It has come to the attention of this Department that you are
parking a semi trailor truck tractor on 4 Oliver St• every week-
end. Please be advised, that this is not allowed in a residentially
zoned district.
I am therefore requiring you to cease and desist from all of
your illegal activities immediately.
Failure on your part to respond to the above, will result in
this matter being pursued through the courts for their determination.
Very truly yours , r r
Richard T. McIntosh
Zoning Enforcement
cc: James Dauphine, 6 Oliver St. , Salem
Stan Usovicz, Jr. , Councilor , Ward 2
RTMCI/jc
THU IIf �ttlEm, �s�ttz�us�t�g
Tuhlit Vropextg Pep,rtmeni
Purring Pepartrunt
Richard T. McIntosh
One Salem Green October 23, 1984
745-0213
David Atkinson
26 Winter Street
AKA 4 Oliver St.
Salem, Mass.
Dear Mr. Atkinson:
It has come to the attention of this Department that you are
parking a semi trailor truck tractor on 4 Oliver St. every week-
end. Please be advised, that this is not allowed in a residentially
zoned district.
I am therefore requiring you to cease and desist from all of
your illegal activities immediately.
Failure on your part to respond to the above, will result in
this matter being pursued through the courts for their determination.
Very tru9 1ly yours,
14 1
Richard T. McIntosh
Zoning Enforcement
cc: James Dauphine, 6 Oliver St. , Salem
Stan Usovicz, Jr. , Councilor Ward 2
RTMCI/jc