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18 PORTER STREET - BUILDING INSPECTION 18 PORTER STREET 0 C Qi ti D a Citp of 6alem, 41a55atbu5ett5 .� Mepartment of Public �snrbite5 1 �o (One Salem green (978) 745-9595 Ext. 321 STANLEY I.BORNSTEIN,P.E. City Engineer lax: (978) 745-5877 Director of Public Services June 26, 2001 VIA FACSIMILE AND FIRST CLASS MAIL Mr. James R. Comeau, P.E. Senior Project Manager Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Re: William Arnold— 18 Porter Street, Salem, MA Dear Mr. Comeau: We reviewed your letter of June 5, 2001, with the attached plan for remediation of the above referenced site. Although I agree it seems to be fairly difficult to determine the ground elevation prior to Mr. Arnold's activities, it is clear that Mr. Arnold placed fill along the western property line against property and structures owned by others and without their consent. Therefore, it is Mr. Arnold's responsibility to restore the above referenced site in such a way that does not negatively impact adjacent properties. The revised plan seems to be the best approximation of the grading on-site before Mr. Arnold altered it. As for the leaching drainage structure noted in your letter, any erosion and resulting damage to abutting property caused by roof leaders/downspouts from 18 Porter Street will have to be corrected by Mr. Arnold. The engineering fabric should address our concern of erosion caused by direct rainfall but may not be sufficient to absorb downspout discharges. In order to ensure that the site is re-graded and restored to pre-existing conditions as much as possible, we have stated in our letter of May 10, 2001, that all site work is to be inspected by the owner, in a manner acceptable to the City. We are also concerned that the existing fill placed by Mr. Arnold may be unsuitable or contain unwanted material. Therefore, should Mr. Arnold use your firm's services to supervise the site work, we would want to have a fully executed agreement for on-site services prior to a legal settlement being reached with the City. Work performed under the direct supervision of a Civil Engineer with a valid Massachusetts registration would satisfy our concerns. Given Mr. Arnold's desire to complete this work quickly,hiring a qualified on-call inspector, approved by the City, would be more expedient than inspections done solely by City personnel. There is a lot of on-going construction in the City this season and our inspectional resources are limited. r June 26, 2001 err Mr. James R. Comeau, P.E. Page 2 of 2 In addition to the site-work issues being review by this office, the City's Building Department must sign-off on mitigation of the foundation for the property prior to a legal settlement being reached with the City. Your Drainage Site Plan, revised June 5, 2001, accompanied by your letter dated the same, appears to address Engineering Department concerns with the exceptions noted above. I am forwarding a copy of this letter and our prior correspondence, to the City Solicitor and the City's Building Inspector for resolution of the outstanding items noted in this letter. Very truly yours, os h . Nerden Ass . City Engineer John D. Keenan, Esq. and City Solicitor Peter Strout, Building Inspector Tom St.Pierre, Building Dept. Tony Fumari, Asst. Dir. Public Services C:\WINDOWS\Profiles\JNerden\My Documents\Joe's Info\arnold 18 PorterSt 061901.doc CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS, CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 August 14, 2000 William Arnold 27 Harbor Street Salem, MA 01970 Dear Mr. Arnold: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the properly-118 Porter Street#3 occupied by Lisa Brown conducted Jeffrey Vaughan, Senior Sanitarian on Monday,August 14,-2000-at-10:00-A... .. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: j�nne Scott ' Jeffrey Vaughan Health Agent V/ Senior Sanitarian cc: Tenant, Councillor Kimberly Driscoll, 8CPlumbing Inspector Certified Mail #Z 447 277 884 - JS/sjk c-h-violet 4 CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem, Massachusetts 01970 Page 1 of z� State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Lisa Brown Phone: 744-6408 Address: 18 Porter Street Apt.# 3 Floor 3 Owner: William Arnold Address: 27 Harbor Street Salem, MA. 01970 Inspection Date: Aug. 14, 2000 Time: lo:oo AM Conducted By: Jeffrey Vaughan Accompanied By: tenant Anticipated Reinspection Date: days from receipt. Specified Time Reg.#410.. Violation(s) ��Lonn,�s Re-inspection was conducted in accordance with Articlel-II Stat Sanitary Code, 105 CMR 410. Upon re-inspection the following Ava a�; as were noted: L`,7y er .5,46^ O ,- cs v Z gggo ti Sam r 9 !L w „Sou vw O UN ri --7> 1 '✓,C LA. iT T OCv SCirtQ Ne One or more of the above violations may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector al�a %7:_. Sr. Sanitarian Este es documento legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma cies necesario Ilamar al telefono 741-1800. i 1 APPENDIX 11 (14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholdinv (Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord Mew about the violations before you were behind in- your rent B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it(For this,it is best to put the rent money aside in a safe place.) 2. Rtll it and D do t(Massachusetts Genual Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent . money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to nue this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thedir made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or FA ions Prohibit (Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,.,. section 2A):The owner may not increase your rent orevict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, he or shewiB:have.to show.a good reason for the increase or eviction which is unrelated to your complaint You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-R):The occupants and/or the Board of Health may petition the District or Superior Coup to allow rent to be paid into court rather than to the owner.The court may then appoint a ..receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent S. Brea b o-_c f Warranty Of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your.. dwelling unit does not meet minimum standards of habitability. 6. UnWr and D Pntive Pia .ti r_s(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorne_c, you should contact the nearest legal services office, which is: Neighborhood Legal Ser-vices 37 Friend St_ Lynn, MA 01902 (617) 599-7730 CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem, Massachusetts 01970 Page of �2 Date: Name: Address: /7 Qa2T� STirreT '�� Specified Time Reg.#410.. Violation(s) a a S'c _ icrmil Vff/ ON �% j OG✓ uC G . /+.o r zz �MC l n rr: U/nanC'. - ((. nbir�atc. /-�v/h@iNG �SpEeTa } Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) e tp of 6alem, 1CaggatbU!5ett!6 ` 3public 3propertp Department r � jguilbing Mepartment one balem oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 27, 2000 COPY William Arnold 10 Linden Street Salem, Ma. 01970 RE: 18 Porter Street Dear Mr. Arnold: This office had previously called out a third apartment at 18 Porter Street as being an illegal unit. Subsequent investigation of city records show that 18 Porter Street is a legal grandfathered non-conforming three (3)family residence. We hope this clears up this matter. If you need further information, please contact this office. Sincerely, Thomas St. Pierre Local Building Inspector cc: Mayor Usovicz Councillor Driscoll Citp of *alem, fKag!5arbuatt5 Public Propertp Mepartment { qr 3guilbing ;Department One Saalem Oreen (978) 745-9595 QZxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer JUNE 23, 2000 MR. WILLIAM ARNOLD 10 LINDEN STREET SALEM,MA 01970 RE: 18 PORTER STREET DEAR MR. ARNOLD THIS OFFICE HAD PREVIOUSLY CALLED OUT A THIRD APARTMENT AT 18 PORTER STREET AS BEING AN ILLEGAL UNIT. r SUBSEQUENT INVESTIGATION OF CITY RECORDS SHOW THAT 18 PORTER STREET IS IN FACT A LEGAL GRANDFATHERED—NON CONFORMING 3 FAM ILY RESIDENCE. WE HOPE THIS CLEARS UP THIS MATTER. IF YOU NEED FURTHER INFORMATION,PLEASE FEEL FREE TO CONTACT THIS OFFICE AT 978-745-9595 X385. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: STANLEY USOVICZ, MAYOR KIMBERLEY DRISCOLL,WARD FIVE COUNCILLOR Citp of harem, fRa.5garbU!5ettg ` Public jropertp Mepartment �3uilbing Mepartment copy (One 6alem Oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer JUNE 23, 2000 MR. WILLIAM ARNOLD 10 LINDEN STREET SALEM,MA 01970 RE: 18 PORTER STREET DEAR MR. ARNOLD THIS OFFICE HAD PREVIOUSLY CALLED OUT A THIRD APARTMENT AT 18 PORTER STREET AS BEING AN ILLEGAL UNIT. SUBSEQUENT INVESTIGATION OF CITY RECORDS SHOW THAT 18 PORTER STREET IS IN FACT A LEGAL GRANDFATHERED—NON CONFORMING 3 FAM ILY RESIDENCE. WE HOPE THIS CLEARS UP THIS MATTER. IF YOU NEED FURTHER INFORMATION,PLEASE FEEL FREE TO CONTACT THIS OFFICE AT 978-745-9595 X385. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: STANLEY USOVICZ, MAYOR KIMBERLEY DRISCOLL,WARD FIVE COUNCILLOR n � CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 June 8, 2000 William Arnold 27 Harbor Street Salem, MA 01970 Dear Mr.Arnold : In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 18 Porter Street #3 occupied by Lisa Brown conducted Jeffrey Vaughan, Senior Sanitarian on Tuesday,June 6,2000 at 3:20 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: oanne Scott Jeffrey Vaughan Health Agent Senior Sanitarian cc: Tenant,Llding Inspector, Plumbing Inspector Certified Mail # Z 447 277 824 JS/sjk c-h-violet r 4�' 'as?ai.''k''kWVfty" i+ a 'V. j" a. s✓ �,td, a ? s � .g�i��-ijarm�. � u � .- t Page 1 of . 3 SALEM HEALTH DEPARTMENT pe 9 North Street '';`'a�,� •. Salem,MA 01970 Stale Sanitary Code, Chapter.11: 105 CMR 410.000 Minimum Standards`Wf t fie 46ri Human Habitation Occupant: LUA Brown Phone:- 744=6408 Address[ 18 Porter Street ' Apt. 3 Floor 3 Owner. . William Arnold Address:. a7 : f/ ede c .cr�aer t; Salem"MA:'; 01970 Inspection Dale Juae 6 2000 _ Tme, 3:20 nPM Conducted By Jeffrev Vaughan Accompanied By: tenant o,,.,.,- ... .. Anticipated Reinspection Date `' d'aVs'0H'rom t`'ceApt:' " Specified Reg 9 Violation. n::, Time 410:. , •; r a "`b an ns 'ection was �on�uct`ed in accordance with Article II 'State S=anitaodej 105.011t.410. Upon ins ection the - ' %�- fo'lld'win '=wereifno�"�1�:tS,�`•trt��ae':,f3�+,1L:df��iZ`S_�r.?�'_ '_ .G; LEIr. , :eEetzxsm,�ctn(xis3tt5'est.cy cv3��i=v_ � ,> .us;�: ,. fee7 inIle c.1su a 7 4N U J / I v-e A// ' O '?r ;( Aid � L/ R T TIJB»! �.c .✓ x4,-rej ;S ---.--- :..uc One or,more of the above violations may endanger_or.malerially impair the health, safety and well-being or the occuparits(sj tom_ Sr. Sanitarian Cid Enforce entlnspector. Fsfa Pc nn e S M Veit '.T'nfr 'i 7 the Y `Y APPENDIX II(14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use,ln order.to get housing code violations corrected: 1. Ren[Withlioldino(MaSsaChtitctts General Iavis,Chapter 239,section 8A): If Cade Vlolad&o Are'Not Being Corrected you may be entitled-to hold back your,rent payments.You can do this without being evicted if- A- You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that yois landlord knew about ibe violations tieforc you wue behind in- your rent_ B. You did not cause the violations and they can repaired while you continue'to hve in thobuildiag. C. You are prepared to pay any portion of the rent&to,couut if a judge orders you uap,4y it.,(For this it is best to put the rent money aside in a safe place,) 2. Rrn it and D +1n t(Massachusetts General laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that then are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; you maybe.ablelopse-this remedy.It the owner fails to begin necessary.repairs(onto enter into a written-contract w have thedi- mad ) OLT 14 days afternotice,you can due up to four months'rent in any . yeato m2ke Biu phrrs, , �0ii?q^ r, n _ raf ---- - 3 RCLiatory Re olincreases orEvictions Prohibited(MassachusettsGeneral Laws Chapter 186,Iscction 18'and Cbaptcr 239,, - ..—...._ -... 3 .F!.__ y ..._. .—. section 2A):The owger may not m6ease your rentor evict you in retaliation for making a complarptto your local code enforcement ageuey abm code violations-rf the owner raises your rent to tries to:evict within sitmonths aftcilyou'have made the complaint he or she-will1ave toshow a good,reason for the increase or eviction which is unrelated to your complaint. You maytieable'to sue the"landlordor damages of li6or sbe'tiies this. 4 Rent Receivership(Massachusetts General laws,Chapter 11, section 127 C-H):,Tbe occupants and/or the Board of Health may petition the District or S606dor Court to allow rept to be paid into court rather than to the owner.The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5.. Breach of Warranty of_Habitability: You may beenuded to sue your landlord to have all or some of your rent returned if youi.- dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Pia ices(Massachusets General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide.to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St, Lynn, MA 01902 (6.17) 599-7730 ' SALEM HEALTH DEPARTMENT s� 9 Nofi6 rStmet Dale Salem,MA 01970 Name: Address: 7- Specified Reg R Violation Time 410. . . . - Ar .. .._.: v - .. .. . .. . - - r e a 4> � � �✓/N �a .V o n .. w ' So / Lv O ✓ce Fe 2 w l b C 7Y.q &.fc lri 2Ed.� SE,/GtG iN �O J .i✓ e7C. �vOU� S,L �a�'�?Bv�W � �' '.YK Qt,' SALEM HEALTH DEPARTMENT 9 North Street Da1ei Salem, MA 01970 Name. Address: SpecAied Reg k Violation Time 410. . . .. o� bags . . .._ . . _ .oft /ALS ' N I li ( ftp of AWem, 1RaggaCbU!6Ctt!5 ` 1 � Public Propertp Mepartment �3uilbing Mepartment One baletn green (978) 745-9595 Qext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 9, 2000 William Arnold 27 Harbor Street Salem, Ma. 01970 RE: 18 Porter Street Dear Mr. Arnold: After a health inspection at the address on June 2, 2000, I've been informed of an illegal unit on the Yd floor of this building. Please be advised to cease and desist the rental of this unit immediately. You are also aware of a hearing on this property is already scheduled and this is just another infraction against you. Thank you for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector APPLIUAIIUN W AUULI ""'""' inaf Lours oT massacnuseizs y FOR COMPLAINT ❑ JUVENILE I District Court Department ❑ ARREST C* HEARING ❑ SUMMONS - ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within .siowmiobwd-cow named defendant, charging said defendant with the offense(s) listed below. 65' - DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE - 10/19/00 1 Ongoing 18 Porter Street Sa1eRa..MII.Of�9. NAME OF COMPLAINANT City of Salem Engineering Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Ordinance Sec-3B t -One-Salem-Green.- Salem, Ma. 01970 2 Section 286-290 NAME,-ADDRESS AND ZIP CODE OF DEFENDANT William Arnold 34 Harbor Street Salem, Ma. 01970 4. COURT USE A hearing Upon this complaint apph tion D EOFHEARING TIMEOFH�"EE�ARIN COURT USE ONLY will be held at the above court addr ss on c2 o2d AT ,&,e , ONLY CASE CASE PAR CULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROP TY VALUE OR PROPERTY TYPE OF CONTROLLE64P`. NO. �' Owner of property, Goods stolen,what Over or untle SUBSTANCE OR WEAPON , person assaulted,etc. destroyed,eta ijuana,gun,etc. C-1 ` S 2 C 3 _ '�- 4 OTHER REMARKS: Loa •- Defendant was ordered by the City Engineer to secure the professionR' services of a-Licensed Engineer regarding drainang alterations and street opening permits SIGNAT RE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE j I WEIGHT EYES HAIR- OCCUPATION EMPLOYER/SCHOOL MOTHER;SNAME(MAIDEN) FATHER'S NAME C O 3 .c 5 Z D Z Ch O O v DC-CR2(3188) CRIMINAL COMPLAINT 0036CR003491 Trial Court of Massachusetts DEFENDANT Salem District Court ARNOLD, WILLIAMU SALEM, MA 01970 �_ TO ANY JUSTICE OR CLERK-MAGISTRATE 34 HARBOR STREET OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR M U 0100" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on Oath complains that on the date and at the location stated herein the defendant did commit the offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE '* DIVERSE SALEM COMPLAINANT POLICE DEPARTMENT BORNSTEIN, STANLEY SALEM ENG.DEPT. CITY OF SALEM T74G. DEPT. COPY 1 DATE OF COMPLAINT RETURN DATE AND TIME 11/30/2000 12/14/2000 9:00 AM SUMMOWS COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 10/19/200099DIVERSE DATES DID FAIL TO SECURE SERVICES REGARDING DRAINAGE ALTERATIONS AND STREET OPENING PERMITS, in violation of SECT.38 ARTICLE VI,SECT.38 286-290 of the City or Town of SALEM ENGINEERING DEPARTMENT. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRSTJUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street ATR CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X G- f r. �` � ��� ,. ��� .; �=� s Citp of ba[em, flazoacbuzettfs Mepartment of 3publir 6erbirez One balem Oreen (978) 745-9595 ext. 321 STANLEY 1.BORNSTEIN,P.E. City Engineer -lax: (978) 745-5877 Director of Public services May 10, 2001 Mr. James R. Comeau Hancock Engineering Associates,Inc. 235 Newbury Street Danvers,MA 01923 Re: 18 Porter Street, Salem,MA—William Arnold Dear Mr. Comeau: We have reviewed your Drainage Site Plan proposed for the site referenced above. Based on our review of your pian and a visit on-site we have the following comments: 1. The site is to be graded to its original condition including measures needed to prevent soil erosion until adequate natural vegetative ground cover has been established. Grading of the northwest corner of the site is to be done in such a way that there is a smooth continuous slope from the westside to the eastside of the property boundaries,without an increase to the 85.7 ft. elevation at the face of the northwest abutting property. 2. The proposed dry-well location poses a potential landslide problem should the surrounding soil become saturated. Relocating the dry-well to the rear of the property and away from the abutters to the west of 18 Porter St.would be an alternative as long as all roof run-off is also directed to the rear of the property. Eliminate the stone swale or direct it to the rear of the property by re-grading along the side of the house. 3. The stockpiled soil on Porter Street is not to be removed but rather pushed back to repair the cut made in the side of the hill. Bollards will not be required,provided the stockpile is repositioned and graded in such a way that there is no longer access to the west side of 10 Linden Street from Porter Street. 4. The Building Department requires the"Riprap Sideslope"proposed for the west side of the building be certified by a structural engineer. 5. All areas effected by the owner's grading, in particular areas along the west property line and including the stockpile on Porter Street, is to be inspected by the owner, in a manner acceptable by the City. Any inappropriate material is to be removed and disposed of by the owner. • May 10, 2001 Mr. James R. Comeau Page 2 of 2 Please send us a revised site plan with an action plan addressing the comments noted above. All correspondence and related information regarding the building foundation is to be submitted to the Building Department for review and approval. Very truly yours, (1h .Nerden City Engineer/Asst. Dir. DPW C: Peter Strout,Building Inspector John Keenan,City Solicitor LAW OFFICES OF PHILIP D. MORAN, P.C. ATTORNEYS AND COUNSELLORS AT LAW 265 ESSEX STREET•SUITE 202 — SALEM, MASSACHUSETTS 01970 (978)745-6085 `/ Y-Y Baran Fax(978)741-2572 Toll Free(877)478-0424 PHILIP D.MORAN email:philipmoranesq@aoLcom �{ v May 11, 2001 �{� Joseph Nerden, Assistant City Engineer One Salem Green Salem, MA 01970 RE: ONE FLORENCE STREET, Salem, MA 01970 Dear Mr. Nerden, This office represents Pic's Screw Machine and Anthony Picariello, owners of property at One Florence Street, Salem. Recently, my clients have noted water seeping into their building at the above referenced location, which is a new occurrence. After trying to determine the cause, an inspection of the property and the adjacent property made it perfectly clear what the cause was. The property adjacent to One Florence Street at the rear of the property has been filled up and over my clients' windows at the rear of the building. A view today also led us to discover that whoever has done the filling has now placed railroad dies directly against my client's building, which would seem to indicate that even more filling is anticipated. I submit that the placing of railroad ties against my clients' building is a trespass, which needs to be remedied immediately. I would submit the filling of land directly by and over the windows in my client's building is also a trespass as well as a direct cause of water seeping into the building which is also a violation of numerous laws and codes, both State and Municipal. I submit unless the City, which owns the adjacent property, which I'm advised is also the subject of illegal TAi:ANF.RiC.AN eOCTR y OF -PROffi�MSpyYERS. 'r • PHILIP D.MORAN and/or unauthorized filling, orders a cease and desist against this individual, my clients and their property will suffer irreparable harm. Please advise if the City intends to take some enforcement action as soon as possible, so that we may determine if we need to seek legal remedies without the assistance of the City. Thank your for your anticipated courtesy and cooperation in this matter. Very truly yours Philip D. Moran Cc: Anthony Picariello, Jr. (fitp of fialem, ,f$1a55acbu5ett5 33epartment of Vublic gperbiceg One &alem Oreen (978) 745-9595 (Ext. 321 STANLEY I.BORNSTEIN,P.E. City Engineer fax: (978) 745-5877 Director of Public services June 26, 2001 VIA FACSIMILE AND FIRST CLASS MAIL Mr. James R. Comeau, P.E. Senior Project Manager Hancock Engineering Associates 235 Newbury Street Danvers,MA 01923 Re: William Arnold— 18 Porter Street, Salem, MA Dear Mr. Comeau: We reviewed your letter of June 5, 2001, with the attached plan for remediation of the above referenced site. Although I agree it seems to be fairly difficult to determine the ground elevation prior to Mr. Arnold's activities, it is clear that Mr. Arnold placed fill along the western property line against property and structures owned by others and without their consent. Therefore, it is Mr. Arnold's responsibility to restore the above referenced site in such a way that does not negatively impact adjacent properties. The revised plan seems to be the best approximation of the grading on-site before Mr. Arnold altered it. As for the leaching drainage structure noted in your letter, any erosion and resulting damage to abutting property caused by roof leaders/downspouts from 18 Porter Street will have to be corrected by Mr. Arnold. The engineering fabric should address our concern of erosion caused by direct rainfall but may not be sufficient to absorb downspout discharges. In order to ensure that the site is re-graded and restored to pre-existing conditions as much as possible, we have stated in our letter of May 10, 2001, that all site work is to be inspected by the owner, in a manner acceptable to the City. We are also concerned that the existing fill placed by Mr. Arnold may be unsuitable or contain unwanted material. Therefore, should Mr. Arnold use your firm's services to supervise the site work, we would want to have a fully executed agreement for on-site services prior to a legal settlement being reached with the City. Work performed under the direct supervision of a Civil Engineer with a valid Massachusetts registration would satisfy our concerns. Given Mr. Arnold's desire to complete this work quickly, hiring a qualified on-call inspector, approved by the City, would be more expedient than inspections done solely by City personnel. There is a lot of on-going construction in the City this season and our inspectional resources are limited. r June 26, 2001 f Mr. James R. Comeau, P.E. Page 2 of 2 In addition to the site-work issues being review by this office, the City's Building Department must sign-off on mitigation of the foundation for the property prior to a legal settlement being reached with the City. Your Drainage Site Plan, revised June 5, 2001, accompanied by your letter dated the same, appears to address Engineering Department concerns with the exceptions noted above. I am forwarding a copy of this letter and our prior correspondence, to the City Solicitor and the City's Building Inspector for resolution of the outstanding items noted in this letter. Very truly yours, os h . Nerden Ass . City Engineer John D. Keenan, Esq. and City Solicitor Peter Strout, Building Inspector Tom St.Pierre, Building Dept. Tony Furnari, Asst. Dir. Public Services C:\WINDOWS\Profiles\JNerden\My Documents\Joe's Info\mold 18 Porter&061901.doc City of 6alem, �Ka!52;acbmgettg Mepartment of public %erbice8 (One balem Oreen (978) 745-9595 (Ext. 321 STANLEY I.BORNSTEIN, P.E. City Engineer -lax: (978) 745-5877 Director of Public Services 3-27-2000 Mr. William Arnold 27 Harbor St. Unit #2 Salem Ma. 01970 978-745-7043 RE: 18 Porter St.-CEASE AND DESIST Map 34 Lot 274 Please be advised that:you-are,in,violation of City Ordinance Sect. 38 Article VI, Sect 38- 286 thru 290. Drainage.Mteraibn. In addition you are operating without a Street Opening Permit required by this office. You are to stop work immediately and contact both this office and the City Building Inspector immediately. r Very t ours, Stanley r s P.E. City Eng /D . of�tizblic Services CC: Mayo Joe Wa s Peter Strout Collins Bryson/Furnari Atty. Lundregan Engineer John Soucy-Meridian 978-739-9130 yr4:l�II D TES POSTA ------------- _ o A5 Fo 41CIAL sussµ�Y !y SENDER INSTRUC ONS 11"In"Wr name,address s Q:OP$ods, �; r• In the space below. • Complete items 1.2,3,and 'n1l- -- reveres. • Attach to front of article R space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adlecent to.number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO David J. Harris/Bldg. Dept. One Salem Green Salem, MA. • 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 receipt fee will provide you the name of the Person delivered to and the date of delivery.For a3ditional fees thiol o ing services are avai a e. onsf6�t postmaster Tor Tees cFc ox es for additional service(s) requested. 1. 1` 6how to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article'Number Richard W. Robertson 18 Porter St. Type of Service: Salem, MA. 01970 ❑ Registered ❑ Insured )0 Certified ❑ COD ❑ Express Mail ❑ Return RecegV for Marche. se Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sign e - ddr as 8. Addressee's Address (ONLY if X requested and fee paid) 6. Sign ture — Agent X 7. Date of Delivery PS Form 3811,-Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT P 152 922 834 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Richard Robertson Street and No. _ 18 Porter St. P.O..State and ZIP Code S MA. 01970 Postage S 2.00 Certified Fee A Special Delivery Fee Ay. Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N a Return Receiptf nq to whom, Date,and Addressss oof Delivery d j TOTAL Postage and Fees S 2.00 Postmark or Date W M E 0 LL f/1 1 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) I. It you want this receipt postmarked,stick the gummed stub to the right of the return address 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. 11 you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. It 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 it space per- mits. Otherwise, affix to back of article. Endorse front 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,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you mpke inquiry„ ' U.S.G.P.O.1988 217 132 -!II Citp of *alem, Alaaacbaoc tg a+l " 1 fro Public Propertp Department jguilbing department One fbalem Green 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 5, 1989 Richard W. Robertson 18 Porter St. Salem, MA. 01970 q;CRE: 18 Porter Street Dear Mr. Robertson: A letter was written to the owner of 18 Porter Street on May 11, 1989, regarding possible zoning violations (letter enclosed) . A meeting was held on May 25, 1989 with the owner of the property, at this office to discuss the problems and to clarify the existing situation. In regards to the parking issues, a complaint shall be forward to the City of Salem Police Department. i If I may be of any further assistance, please contact me at this office. Sincerely, Z62- David David J. Harris Assistant Building Inspector DJH/jrrh c.c. Ward Councillor City Solicitor Mayor's Aide of *atem, 51a5garbugettg qDj Public Propertp Department 14 (1 �,� �Suilbing Mepartment _ One thatem oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer Mav 11, 1989 ,Jeron Realty Trust George Almeda z31 Lowell St. Lvnnfield, NA. 01940 RE: 18 Porter Street, Salm 3 s Dear Mr. Almeda: 3 n This department has received complaints regarding the above referenced ° property. I would like to call to your attention the City of Salam Zoning 4 Ordinance, Section V, A-2, rooming and boarding of not more than two persons. = It appears that a violation of the ordinance may exist. It also appears that a violation of Massachusetts General Laws, Chapter 140, Sub-section 22 may exist regarding lodging houses. _ Please contact this office within seven (7) days frau receipt of this letter to arrange for a site inspection. If we do not hear from you, a complaint will be sought in Salam District Court. ° 1 3 Sincely, m C ° a David J. Harris 2 � a m Assistant Building Inspector n � „ mom „ c.c. William Toomey Jean-Guy J. Martineau, ward Councillor City Solicitor a imItAG WIT I' w too WPM CITY Of 5a>-MMAO-6, Dear Sirs„ I have live at '18 Porter Street for 22 years now. And in that time , I and my neighbors have call the Police many times for Loud Parties Day & Late night . I Called on 5/12/89 for cars Park in Front of the Drive way , were I was Told By my LandLord I could park there . The Police never had cars removed But I got a Ticket. On 5/18/89 I Call When I came home & Coudn' t get into the back Yard to Park My Car.Because of the Cars Blocking the Drive way were not removed, So I Park in Front of the Fire Hydrent I Receive a Ticket & was Towed by MASS TOWING .Who called the Police Because he was Stoned By the Member of the. Parties at 18 Porter St , 1-�51 & 20 Floor. I Pay $ 55 . 00 For Towing Charges . They were not Towed? WHY . Both Ticket were drop by the City . I Can' t work right now because I Had a TOE REMOVED 22 MONTHS AGO Witch was Bleeding From Walking to get my car Back. The rest of the Kids Dove- off Drunk. WHY? The Biggest promble on Porter St. is 4 or 5 live on first floor & 4 or 5 live on the second Floor . The LandLord witch I & other Has Complain to Him He Says There is only three beds on first and Second Floor. He Know The Laws & Rented to them . They Told me ( The Collage Kids I can ' t Prove How many names are on the MailBoxes. But come up at night & look at the back yard. 6 to 8 of them be long to 1st & 2nd floor. Plus I was told they or One of them knows a Cop Who helps them out . I Have been to the Police & was Told to Leave or I will get arrested . So I went to the mayor office . The Law States no more Then 3 none Related Persons Shall Rent A appart ment together. WHAT GOES ON HERE THAT THEY CAN . Yours Turly Richard W . Robertson. P .S . PLEASE INFORCE THE LAW 3 PER APPARTMENT THAT IS NOT RELATED TO EACH 6F I Have Pictures of cars Blocing Access to Driveway to 18 Porter f; And one Show That a COP came and goes by not ticketing any body Just Talk t Them and nothing Happing. WHY? M APR 6 3 oafi' '�9 ,y of alem, C �sstttlluia f� a ee r '89 ILC'r PAttrb II{ �LJpit1 FILE if ;c JITY 6Liii'.� DECISION ON THE_PE-T-I-TION=0,F JOHN SMITH FOR VARIANCE/SPECIAL PERMIT ATS 18 PORTER ST.f(-R-3) A hearing on this petition was held September 28, 1988 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, represented by Attorney George Vallis, is seeking a Variance and/or Special Permit to construction two (2) additional units. The existing building does not meet the the required front and side yard setbacks, the proposed addition will encroach on the side yard requirements. The provision of the Salem Zoning Ordinance which is applicable to this reo_uest for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding of the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner; C. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence pres � at the hearing, and after viewing the plans submitted, makes the following fipq�Ws of facC 1 . There were two letters submitted in favor; Sea (1,I so G Selo 1 e0 E Q 2. There was substantial neighborhood opposition; 2 DECISION ON THE PETITION OF JOHN SMITH FOR A VARIANCE AND/OR SPECIAL PERMIT AT 18 PORTER ST. , SALEM page two 3. The driveway is only seven (7) feet wide; 4. This is a highly congested area and the proposed two units would exacerbate this condition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The proposed addition would not be in harmony the the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. 2. Special conditions or circumstances do not exist which especially affect the subject property and not the district generally. 3. Literal enforcment of the Ordinance would not involve substantial hardship to the petitioner. 4. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1 -4 against the granting of the requested relief (Mr. Fleming voted in favor) . Having failed to obtain the required four (4) positive votes required to grant relief, the Variance and Special permit are denied. VARIANCE AND SPECIAL PERMIT DENIED ohn R. Nutting, Secretax^� A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MAS. GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSANT TO MASS. GENERAL LAWS. CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION!-BEARING THE CERT• FICATION OF THE CRY CLERK THAT 20 DAYS HAVE ELAPSED ANO NO APPEAL HAS BEEN MED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF LEEDS AND INDEXED UNDER THE NAME OF THE OWtB OF RECORD OR IS RECORDED AND NUEU ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL �TfT IIfttlPm, � ttsstttl�usetts Pattrd of Aypettl +�0141M6 Jug 26 2 zi PN '88 FILE* DECISION ON THE PETITION OF JOHN SMITH FOR A SPECIAL P OR VARIANCE AT 18"PORTER STREET, SALEM J iTc+ �yE m;}� A hearing on this petition was held on July 20, 1988 with the following Board Members present: James M. Fleming, Chairman, Messrs. , Richard Bencal, John Nutting, Edward Luzinski and Peter Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, is requesting a Special Permit and or Variance from density and side yard requirements to construct two additional units in this R-2 district. Attorney George P. Vallis, 1 Church St. , Salem, representing the petitoner requesting Leave to Withdraw Without Prejudice. The Zoning Board of App=al voted 5-0 to allow petition Leave to Withdraw Without Prejudice. / C amesM Fleming, Chai A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ^PErL Fno'1. THIS is G'UI"i!J. I" A.`IY. SHALL BE V'DE PURSUANT TO SECTION 17 OF THE MASS. Ll. ;S. C:2, .'J? A':'^ SHJ:'L GE F!!.E:; v,. .CV 20 DAPS 6FTER THE LATE OF FILING 5H: CF .CE CF THE C,,i CL R.A. F. ...:.... �.;..:. �.� 0.3. ::C 11. THE JAPIA'ICE , R FER1'I- '. is SH.A .1 C ( T i:.":iiL l t T 11 EI.f.il R:, fd... 'E .1 "R 'OU IS iaEJ 1,' y .r ,,..,E OF THC C.'. . OR IS RFCORDEU AFD NOILO UN IHL GL.NCR S CERTIFICATE OF TITLE. BOARD OF APPEAL UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS M Print Your name,address and ZIP Code '9 the specs below. • • Complete items 1,2,3,and 4 on the � reverse. • Attach to front of article N space permits, otherwise affix to beck of > �' article. ENALTY FOR PRIVATE • Endorse article "Return Receipt �Q USE, 3300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO /9 � • 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 beingrew4ned to you.The return�recei t femme will provide you the name of the person delivered to and the datof delivery.For additions eel f s the followmgnn�rces are avaI a e.Consult 6�Tpostmaster Tor Tees and check ox es for additional service(sl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Euro charge) (Extra charge) 1 3. gArticle Addre sed 4. title Number Type of Service: / C LJ Registered ❑ Insured Certified ❑ COD ipI Express Mail ❑ for MerchanReturn Recedit se Il Always obtain signature of addressee or agent and DATE DELIVERED. 5. IT ure — dress 8. Addressee's Address (ONLYif requested and fee paid) 6. a urs — Agent Vi Date of Delivery 0 NOV11 PS Form 3811, Mar. 1988 • U.S.O.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT P 070 314 267 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and No. .J ..State a ZIP C p/ 9y0 stage S Codified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom, Date.and Address of Delivery v j TOTAL Postage and Fees p/ U o Postmark or Date E 0 U- W a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.)see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address 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. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address 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 lathe front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front 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,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you makeingdrry. a U.S.G.P.O.1088-217-132 Cftp of Oalem, AlamoacbUotty Public Property 3Mepartment T4 s Wuilbing Department One Aialem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 28, 1989 Weron Realty Trust George Almeda 531 Lowell Street Lynnfield, MA. 01940 ARE: 18 Porter St . , Sa1em,MAr� Dear Mr. Almeda, Due to complaints received at this office, an inspection was made at the above referenced property for Zoning Violations. Be advised that J " you are in Violation of the City of Salem Zoning Ordinance, Section V11 ,A ` "storage of trailers". This trailer must be removed within twenty four hours of receipt of this letter. Failure to do so shall result in a complaint against you in Salem District Court. Since ely, David J. Harris Assistant Building Inspector DJH/eaf c.c. City Solicitor City Clerk Ward Councillor W. Toomey •SENDER:Complete items i and 2 when additional servicasam 7red,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 receipt fee will rovide ou the name of the arson delivered to and the date of deuve .For additional fees the following services are availab e.Consult postmaster for fees and check box es)for additional service(s) requested. 1. U Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number Weron Realty Trust P 443 509 390 ,�� Type of Service: 5< 31 Lowell St \� ®Registered C� Insured Lynnfield, MA. 01940 Express Mail u coo Always obtain signature of addressee or RE• 18 Porter St. , Salem agent and DATE DELIVERED. 5.Signature—Addressee 8.Addressee's Address/ONLY if X requested and jee paid) 6. ' natu —A t X 7.Date ery l34-1 PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERV PM > OFFICIAL BUSINESS SENDER INSTRUCTIONS 13 MAY Print your name,address,and ZIPCo IS 83 in the space below. ao •Complete items 1,2,3,and 4 on the reverse. •Attach to front of article if space moo' aits otherwise affix to back of •Endorse article"Return Receipt PENALTY FOR PRIVATE Requested"adjacent to number. USE.$300 RETURN Print Sender's name,address,and ZIP Code in the space below. TO David J. Harris: Assistant Bldg. 1nsoector One Salem Green Salem, MA. 01970 ,III iIIJI,aIII!I!I iiII P 443 509 390 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) sent to 'George Almecla Wernon RealtV Trust Street and No. 531 Lowell St. P.O.,State and ZIP Code Lymfield. MA. 01940 Postage $ Certif led Fee 2.00 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, N Date,and Address of Delivery w a TOTAL Postage and Fees $2.00 a' Postmark or Date 0. 0 0 ao m E 0 IL W a STTCR POSTACE STAMPS To ARTICLE To COVER FIRST CUISS POSTADE CERTIFIED YAR FEE AND hJUICES FOR ANY SELECTED MORAL SEMCES,(rte Real) 1.Ifyou want this receipt postmarked,stick tire gummed stub on the left portion of the address aide of the article la ruing the receipt attached and present the article at a post of8ca service window or hand it to your rural oarrier.(nq?ama charge) 2 R you do not want this recolpt postmarked,stick the Bummed stub on the left portion of the address side of the article,date,detach and retain the receipt and mall the article. 3.If you want a return receipt write the certified-mail number and your name and address on a return raceiptcard,Form 3811,and attach it tothefront ofthe article bymeartsof thegummedends N space permits.Otherwise,affok to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to the number. A If you went delivery restricted,to the addressee,or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 6.Enter fees for the services requested In the appropriate spaces on the from of this recelpt If return receipt is requested,check the applicable blocks in hem 1 of Form 3811. &Save this receipt and present it If you make Inquiry. CIO of 6aiem, Baggacb gettg i9ublic propertp Mepartment Jguilbing Department One balem green 745-9595 4Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 11, 1989 Weron Realty Trust George Almeda 531 Lowell St. Lynnfield, MA. 01940 RE: 18 Porter Street, ,Sal ms� Dear Mr. Almeda: This department has received complaints regarding the'above referenced property. I would like to call to your attention the City of Salam Zoning Ordinance, Section V, A-2, roaming and boarding of not more than two persons. It appears that a violation of the ordinance may exist. It also appears that a violation of Massachusetts General Laws, Chapter 140, Sub-section 22 may exist regarding lodging houses. Please contact this office within seven (7) days from receipt of this letter to arrange for a site inspection. If we do not hear from you, a complaint will be sought in Salem District Court. Sinc r ely, David J. Harris Assistant Building Inspector DJH/jmh c.c. William Toomey Jean-Guy J. Martineau, Ward Councillor City Solicitor John C. Smith 531 Lowell Street Lynnfield, MA 01940 CI) L K m May 30, 1989 C)z — c m r v.r, o rA-m00 z c-) gm vi CD Building Department a�'',. a M City of Salem (n 1 City Hall Annex H One Salem Green Salem, MA 01970 Attention: Mr. Harris Dear Mr. Harris: This letter will confirm information discussed during our May 25th meeting in your office. To the best of my knowedge, which I believe to be factual, the following people are living attl8Porter SEree 3rd Floor: Darlene Carneal Richard Robertson 2nd Floor: Kim Fumia blood-related Tony Fumia Pam Shwachman 1st Floor: Steven Curley James Ward I have recently inspected the property several tires and will continue to monitor it so that there are no substantial problems for neighbors. You can depend on my continued cooperation. YC ru. lyus,Smith - Permit Review Checklist for Proposals Within Special Flood Hazard Areas Type of Proposal: Residential Non—Residential Other 1. 2. Contour Elevations of Proposed Site: Highest ft. (msl) Lowest ft. (msl) 3. Is site within Special Flood Hazard Area (Zone A, Al-30 or V1-30) as identified on the community's Flood Insurance Rate Map (FIRM) ? YES NO 4. If the answer to 3 is "yes": a. What is the Zone Designation? b. What is the base flood (100—year) elevation indicated on FI M ? c. For Residential proposals, what is the proposed elevation of the lowest floor including basement ft. (msl) d. For non—residential proposals: 1. What is the proposed elevation of the lowest floor? ft. (msl) 2. If the structure is to be floodproofed, the elevation to which the structure will be floodproo£ed: ft. (msl) , and was cer- tification of floodproofing obtained from a registered professional engineer or registered architect? 5 . Are the requirements of the. Massachusetts State Building Code Section 744 met? YES NO These include the following: i. Plans for structures, including one and two—family dwellings, shall be submitted by a registered professional engineer or architect showing the following: a. Structures shall be anchored to prevent movement or collapse. b. Use approved flood resistant materials and equipment. c. Non—residential structures built with any occupiable space below the level, designated by authorit-r having jurisdiction, as the one hundred ( 100) year flood level, shall be designed to be floodproof . d. Coastal high hazard area structures must be anchored to piles and have space below lowest floor free of obstruction. ii. The building official shall maintain for public inspection: a. Records of elevations in relation to mean sea level, of the lowest floor (including cellar as defined in the Basic Code) of all new or substantially altered structures located in special flood hazard areas . b. Where the lowest floor is below grade on one or more sides, the elevation of the floor immediately above shall also be provided. 7. Does this structure meet all the zoning requirements for construction in the Special Flood Hazard Area? YES NO 8. Has this activity been reported to the Conservation Commission as required by MGL Chapter 131, Section 40? YES v0 Have applicable local health permits been obtained? YES v0 Permit Approved ( ) BY Permit Denied ( ) BY Variance Issued ( ) BY Variance Denied ( ) BY ' ._. ` � Tf ...., •M�-Iw .7rAL - + .r. ..T-.nom-. .moi _�::--_ _c_ __ (� � } 1 ^Y alb T' r.Y .•f•� � �•' '�"S. �._ :--� •�.-s-•_ > Yf r � - . i'� res ' }a•'A'`.Sr��,4 �"r:X AW y�.y✓:.Yf ''.f.i,�} .., S'4 „`a .+o.-+...r.�.....^w.-.,► . ,a.lws�w+.��� E?# xwe 4S.»3 f y� + ,�, e �-„ ti }�}•���yyy .,. • r ....F.B .^4.� w vry GJ � _.�b �'WK�L tree. � �� � � :,�, '.,4a ' •.� CONNON DECKDECK DECK I •,�"'S4t„ -r, v v ! I I I yr B£WPOON ammo4W+ N•'p- � is�n' j K/TCAEN v !�{• o o HALL �BEDVR7Gi!/ LOCUS MAP y pAwmr ; K/TCNEN a716* I. b Rt•� car AREA• UNIT 1 ir:• UNIT 2 n:c• ra- I 1,0451SF 4 1,090 2 SF 1,1701 SF y ? i BEORpOM K/TCNEN D/N/N6 O/N/N6 .� ROOM BEDROOM ROOM BEDROOMIN7 CL Fl IT t3 't L/V/N6 a L/V/N6 CL I 1 Roots •`'•� I FLOOR PLANSRoots _ I LIVING A110* PA9CHI SCALE- 1/8•• 1=0• BASEMENT FIRST FLOOR SECOND ,' FLOOR THIRD FLOOR P 0 R T E R S T R E E T i 1 CERTIFY THAT THE PROPERTY LINES SHOWN ARE WILLIAMS CONSTANCE M. THE LINES DIVIDING EXISTING OWNERSHIP. AND THE N/F DENNIS R. S W A L L I S LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUOLIC OR PRIVATE STREETS OR WAYS ALREADY MARTHA I. y ESTABLISHED, AND NO NEW LINES FOR DIVISION OF PELLETIER 3RD FLOOR ELEV 68.7 EXIS71NG OWNERSHIP OR FOR NEW WAY •A N/F JOHN 9 CATHERIN J C0NNOLLY OZ' �� i✓ `/� N6,• � 1 N/F NORMAN P. e RILEY TRUSTEE 2ND FLOOR ELEV 593 •� CHRISTOPHER R MELLO P. L.S: `' L O T A R E A N IST FLOOR ELEV 497 3 I HEPEBY CERTIFY THAT THIS PLAN FULLY AND 12, 3351 SF / _GROUND . _� ACCURATELY DEPICTS THE AS BUILT LAYOUT, LO- 0 / CATION, UNIT NUMBERS, DIMENSIONS. APPROIfE 'p�, i . BASEMENT _ ELEV 39.9 AREAS OF UNITS AND COMMON AREAS. -a,/, `�'''`.t. t� 56.p6 - _ J 1 i Z Ste• _ ul N/F MARK *f M ( PETIT ; CHRISTOPHER R. MELLO P.L.S. rear i N/F LEWIS / S SHARON 1 HEPEBY CERTIFY THIS PLAN CONFORMS TO THEQ I w LIVERMORE / RULES,AND REGULATIONS OF THE REGISTERS OF J 3 (� I o A. DEEDS OF THE COMO*04VEALTH OF MASSACHUSETTS. W o C15 g 818 PORTER STREET COtIi300111WI a RY 22 STO2 g CONDOMINIUM SITE and FLOOR $ tri WOOD FRAME �; c SITE PLAN PLAN OF LAND YEO M. DEE III DESIGNERH m DWELLING �� - -� LOCATED IN p z ` SCALE 10-20SAL E M. MASS. NQ 18 ' PREPARED BY r , R!I"mv UK OILY I EASTERN LAND SURVEY ASSOCIATES INC. q x5.1 56. 173.13 TO PORTER ST.000RT 'ii r4 O!R/SrOPHER R. .VELLO P.L.St, ± -a Bo• o0 00 w 40 LOWELL STREET PEABODI9 MASS. JANDad Reference, Sk 5227 Pq 560 SCALE AS NOTED D FORAY 19874. MMry`` 3 PLAN BY T. APPLETON DATED WV 1916 - - - PORTER , N STREET R A.TY TRUST0 111 , ! , is to st g + p BENCHNAASIIED EV y J0 10 ED 40 W P. 4i y 1 y a+� . .. : ,;. .' w nom..;, rz, -^;,�.,�:z?'�vn K •<..0 ': � ,, .:;'. . ,_ _ .::,, �r; ,� r' ,�5�'t-r "�'� ~E - r ,o- r a''+`i".,• ' FF x.}P'l^"`*'y,'j J <, s,: (lt�i�.,,.#, �'* 'f s. .ijS� t .w� -s:''°'� }.iC c Jf:JE,;n�i y+.:�.f.. ;A i !`S'Y ` A✓� ». . !s-vL�'jY .n r.�,cF v„'.•S+ .- r::-.y "Y`Y.-a+'Iiw• L:i . v ,., .,l .e.., n/+ , ( - I_�- �a ., ifi:•u�}`� P ♦?.f. _ 6.�%i - � !hi J•��f 7.'a/Y ...f S a �q... ti - ,..'4 r Y M 'i, }: _ •.. F 1 �n., 1 : i' v x ' J :- :. �k ,,y '�• ♦ 'tel ,{, q ( a. �y, :. # � =::- _ °': .. +r�+. try .-..y c.: .an ±�1+�4 . 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Z^nr. :A.1 _ _ .• - .1' T.1 .. ..M' .. :. ., ...'CY.... x. ....�. .uh% '.i..M1a.:.., r :. .•...:.n. ... � 1 ...rA ''k 1. _._ ___ < , 1!$ ,3Tl .,. s,.,. r.:. ^.: .. : ,.. , . :. -X'4.3d»r�.?:'k+�iMt.0•.T.IX....,r..v.. ,..bL-..::..-. ..ti4 xa.n.��! - a :•.8rsw^M.,•...., w,-tii py�.y[ .. . .. .. :.[ E"�...+ • Citp of 6afem, ,iaggubuottg �lro Public Propertp ;Department �Qg Nuilbing 30epartment One 6atem Green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 28, 1989 Weron Realty Trust George Almeda 531 Lowell Street Lynnfield, MA. 01940 RE: 18 Porter St—Sal-em;MA- Dear Mr. Almeda, Due to complaints received at this office, an inspection was made at the above referenced property for Zoning Violations. Be advised that you are in Violation of the City of Salem Zoning Ordinance, Section VIL A "storage of trailers". This trailer must be removed within twenty four hours of receipt of this letter. Failure to do so shall result in a complaint against you in Salem District Court . Sincerely, 3c>v �✓ �F �.Ivcc, '���.2�c�a� 0 a 1L_ _ _ _� y� David J. Harris Assistant Building Inspector /N r H e a f C.C. City Solicitor - City Clerk Ward Councillor. W. Toomey e / e 13o P.M. io 7�C—e �p ii✓1P�c r9rD P�arc��Y oma J/4N f1/ Y P J� u T�i<<r- n ca oC= p cv� r N C, z JOHN C. SMITH 531 Lowell Street rn m Lynnfield, MA 01940 3 N Ca N G?3 November 30, 1989 TO: Dawn Wolfson James Griffin This is to inform you that under no circumstances is anyone permitted to live in the dead storage camper_.att18Porter-Street.You have permisssion to park it there only - not to --live-in-ittas.we discussed a few days ago on the telephone. cc: Salem Board of Health David Harris/James Santo, Salem Building Dept.