22-24 SCHOOL STREET - BUILDING INSPECTION OPendaffor
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CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET 3'D FLOOR
TEL: 978-745-9595
FAx: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
THOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
REQUIRED INSPECTION NOTICE
22-24 SCHOOL STREET
May 15, 2012
Michael &Nancy LeBlanc
7 Moulton Avenue
Salem, Massachusetts 01970
Mr. & Mrs. LeBlanc
The above referenced property has come to the attention of this department for the following reason(s):
A report has been made to this office that an illegal apartment unit is located in the attic of this permitted two(2) -
unit building in an R2 Zoning district. For this reason an inspection must be conducted by our office to assure
compliance with the code and city ordinance. Additionally as per The Salem Zoning Board of Appeals hearing
conducted on September 21, 2005,you are directed to remove the third floor dormer that was denied to remain at said
meeting.
Under the provisions of 780 CMR, Section 104.6—Right of Entry, of the State Building Code, access to this property
must be granted for the purposes of this inspection. Please call this office upon receipt of this letter, if this property has
rental units these tenants must be notified in advance of this inspection so that access to these spaces may also be
accomplished.
This Required Inspection shall be conducted by this office on Tuesday, May 22, 2012 at 2:00 p.m.; failure to respond
to this notification will be construed as non- compliance, with issuance of Municipal tickets and as such an
Administrative Search Warrant will be sought, so as to allow the lawful inspection of this property.
If you hyft any further questions regarding this letter,please call this office at(978) 619-5648.
Thomas St. Pierre
Building Commissioner
Zoning Officer
cc: file, Jason Silva
CITY OF SALEM
PUBLIC PROPERTY
rt DEPARTMENT
KIMBERLEY DRISCOI.I.
MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 ♦ FAx:978-740-9846
VIOLATION NOTICE
PROPERTY LOCATION
22-24 School street
Sept 5, 2007
Michael and Nancy LeBlanc
7 Moulton Avenue
Salem Ma. 01970
Dear Owner;
The above listed property has been found to be in violation of the following State
Codes and/or City Ordinances:Salem Zoning Ordinance section 5-2(allowed uses in the
R-2 District). Your tenant has a dumpster in the yard and is bringing construction debris
from other locations and using the property as a business location. Your tenant has been
cited by the salem Board of Health already.
Said violations must begin to be corrected, repaired, and/or brought into compliance
within 5 days of your receipt of this notice. Failure to do so may result in further actions
being brought against you, up to and including the filing of complaints at District Court.
If you have any questions regarding this letter, please contact the Building
Inspectors Office at (978) 745-9595, extension 5640.
Sincerel n
Thomas J. St. Pierre
Director of Inspectional Services/Building Commissioner
Zoning Enforcement Officer
CC: file,Health Dep. City Solicitor, Elizabeth Rennard
�o wrA CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
m
120 WASHINGTON STREET, 3RD FLOOR
a ! SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 EXT. 380
w�po� FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
December 1, 2006
Michael &Nancy LeBlanc
7 Moulton Avenue
Salem, Ma. 01970
RE: 22-24 School Street
Dear Michael &Nancy: LeBlanc:
The Salem Zoning Board of Appeals conducted a hearing on September 21, 2005. At
that hearing your petition to allow a third floor dormer to remain was denied by the
Zoning Board.
The dormer has remained for over one year. You are directed to remove the dormer
within 30 days upon receipt of this letter. Failure to do so will result in a complaint being
filed in Salem District Court. Your appeal in this matter was dismissed.
If you have any questions, please contact me directly.
Sierely,
"Zvb
Thomas St. Pierre
Building Commissioner
Zoning Officer
cc: Jason Silva, Mayors Office
Councillor Paul Prevey
Attorney James Fleming
JAMES M. FLEMING
Attorney at Law
47 Buffum Street 978 744-8241
Salem, MA. 01970 978 590-6565
November 19,2006
Fs,
Thomas St. Pierre �> o
Building Inspector z
120 Washington Street r', a
Salem,MA 01970 CI N3
N G7
Re: 22-24 School Street nr_. D m
7-1
o -r1
Dear Mr. St. Pierre: s> w
T
V A
On September 21, 2005 after a hearing,the Board of Appeal ordered the
dormer at 22-24 School Street to be removed, as it was in violation of the
Salem Zoning Ordinance. I hereby request that you enforce the Board's decision,
forthwith.
Sincerely,
James M.Fleming
cc: City ,Solicitor - 10/19/05
(Bd. of Appeals
Ch.Bd_. of-Appeals
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
DEPARTMENT OF
THE TRIAL COURT
MISCELLANEOUS NO.
MICHAEL LEBLANC
NANCY LEBLANC )
PLAINTIFFS )
V. ) NOTICE OF APPEAL
NINA COHEN,BONNIE BLAIR, )
RICHARD DIONNE,NICHOLAS )
HELIDES AND ROBIN STEIN )
as they are Members of the )
CITY OF SALEM, )
ZONING BOARD OF APPEALS, ) c,
DEFENDANTS 1
n
TO: Cheryl LaPointe, City Clerk °o
Salem City Hall Tj
93 Washington Street w _t.
Salem, MA 01970 w rnL
w
In accordance with M.G.L. C 40A, §17, please be advised that the above-captioned
action has been filed on October 18, 2005, in the Superior Court Department of the Trial Court,
Essex Division, appealing the decision of the Zoning Board of Appeals of the City of Salem to
deny a variance to Michael LeBlanc and Nancy LeBlanc regarding property at 22-24 School
Street, Salem, MA 01970. A copy of the Complaint is attached hereto.
{
GVilliam R. DiMento
BBO#125040
DiMento &DiMento
25 Pitman Road
Swampscott, MA 01907
781-598-2500
Date: October 18, 2005
C�)
- a F70MMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
DEPARTMENT OF
THE TRIAL COURT
MISCELLANEOUS NO.
D
MICHAEL LEBLANC
NANCY LEBLANC )
PLAINTIFFS )
V. ) COMPLAINT c'=_
NINA COHEN,BONNIE BLAIR, ) -
RICHARD DIONNE,NICHOLAS
HELIDES AND ROBIN STEIN )
as they are Members of the
CITY OF SALEM, Uj
ZONING BOARD OF APPEALS, ) y
DEFENDANTS 1
1. Plaintiffs, Michael and Nancy LeBlanc, own the premises situated at 22-24 School Street,
Salem, Essex County, MA 01970.
2. Plaintiffs, Michael and Nancy LeBlanc,reside at 7 Moulton Avenue, Salem, Essex
County, MA 01970
3. Defendant, NINA COHEN, is a member of the Zoning Board of Appeals in Salem, and
she resides at 22 Chestnut Street, Salem, Essex County, MA 01970, 02152.
4. Defendant, BONNIE BLAIR, is a member of the Zoning Board of Appeals in Salem, and
she resides at 113 A Federal Street, Salem, Essex County, MA 01970.
5. Defendant, NICHOLAS HELIDES, is a member of the Zoning Board of Appeals in
Salem and he resides at 20 Central Street, Salem, Essex County, MA
6. Defendant, RICHARD DIONNE, is a member of the Zoning Board of Appeals in Salem
and he resides at 23 Gardner Street, Salem, Essex County, MA
7. Defendant, ROBIN STEIN, is a member of the Zoning Board of Appeals in Salem and he
resides at 141 Fort Avenue, Salem, Essex County, MA
8. On or about August 17,2005, Plaintiffs filed an application with the Salem Zoning Board
of Appeals (Board) to seek relief from the provisions of Section6-4 of the Salem Zoning
Ordinance in the form of a Variance to allow construction of a dormer on the existing
third floor of a three story structure.
9. On or about September 21,2005, the Board held a public hearing with respect to said
application of Plaintiffs appeal.
10. Notice of said hearing was mailed to all parties-in-interest as defined by G.L. c. 40A, s.
11 and was advertised in a paper of general circulation,namely, the Salem Evening
News, once in each of two successive weeks, the first publication not less then fourteen
days before the day of hearing.
11. On September 30,2005, the Board filed a decision denying the requested relief in the
office of the City Clerk. A certified copy of the decision is attached hereto as "Exhibit
A."
12. The Board did not consider in its deliberation or decision any of the testimony of the
proponents and incorrectly applied the criteria required under the Salem Zoning
Ordinance.
13. The Board failed to consider the Plaintiffs had completed the construction of the new
dormer pursuant to a legally issued building permit before being informed they needed
zoning relief.
2
14. The Plaintiffs are aggrieved within the meaning of M.G.L. Ch. 40A Section 17 by the
decision of the Board. The Plaintiffs are parties in interest as defined by M.G.L. Ch.
40A, Section 11.
15. The decision of the Board denying relief exceeded the authority of the Board, is based on
legally untenable grounds, unreasonable, capricious and arbitrary and has an insubstantial
basis in fact.
WHEREFORE, plaintiffs respectfully requests that this court:
(a) Enter judgment annulling and vacating the decision of the Board;
(b) Grant such other relief, as the Court deems necessary and proper.
Michael LeBlanc
Nancy LeBlanc
By their attorney,
William R. DiMento
BBO#125040
DiMento & DiMento
25 Pitman Road
Swampscott, MA 01907
781-598-2500
Date: October 18,2005
3
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CITY OF SALEM, MASSACHUSETTS! r SALLt 1.. 79A
BOARD OF APPEAL
CLERKs OFFI( E
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 'FSEP
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595. 109SEF
5 30 A
9 Ig
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22-24 SCHOOL
STREET R-2
A hearing of this petition was held on September 21, 2005 with the following Board
Members present:Nina Cohen, Chairman, Bonnie Belair, Richard Dionne,Nicholas
Helides and Robin Stein.Notice of this 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.
The petitioner is requesting a Variance from the number of stories to construct a P floor
dormer for the property located at 22-24 School Street located in an R-2 zone.
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 or 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 presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. Petitioners Michael &Nancy LeBlance of 7 Moulton Ave. requested a variance to
allow a third floor dormer for the building at 22-24 School Street.
2. As grounds for this request, Ms. LeBlance stated that the requested dormer had
been partly built,pursuant to a building permit dated October 16,2004. Although
a building permit was issued by the City, it was apparently issued without the
required zoning relief. As further grounds she stated that the third floor living area
would not become a separate living unit, but she requested permission to install a
bathroom on the third floor.
3. A Stop Work order issued by the Building Commissioner on June 16, 2005 stated
that the building permit had expired, and zoning relief was needed for the third
floor dormer.
4. Several neighbors spoke in opposition to the proposed petition. James Fleming of
47 Buffum Street stated that petitioner's property, a two-family house, is in
cri ; o sALEK 1A
CLERK'S 0'Fr1q
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATEDr�?.�-24
SCHOOL STREET R-2 JtN 30 A 9. 18
page two
disrepair and is badly maintained. He observed a toilet seat was left on the front
porch off the house for several weeks, among other problems.
5. Jean Krajeski of 21 School Street also opposed the petition, stating that it
appeared an illegal third apartment was being installed in the building. She also
observed that the residence lacked sufficient off-street parking for the residents'
cars. Because of insufficient off-street parking,residents and visitors park on
both sides of School Street, even though it is not allowed,and this in tum creates
a hazard because the curve of the street at this point impedes visibility.
6. Cheryl Liakos of 1 School Street, also opposed the petition, for the above reasons
and because she felt resident children were endangered by the congested traffic on
School Street. Mrs. Thomas Hayes of 44 Barr Street,also opposed the petition
for the above reasons and because she objected to the increase in density caused
by the illegal third unit in the building.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 2 in favor and 3 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied /J�, J 0A41September 21, 2005 /(� W"
Nina Cohen, Chairm
Board of Appeal
TRUE COPY/�ATTEST
CiV CLQ L�
SALEM, MASS.
vi !`.i Uf vitii r ij, Ma
Gl _RK S OFFICE
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 10644 SLA 9: f $
Chapter 40A and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that, if such appeal has been filed,that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the
name of the owner of record or is recorded and noted on the owner Certificate of
Title.
Board of Appeal
I
CITY OF SALEM9 MASSACHUSETTS�I 1 LvEOFF' SALEM
�f
BOARD OF APPEAL OFFICE A
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 SEP 30 Ap
MAYOR FAX: 978.740-9846 I
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22-24 SCHOOL
STREET R-2
A hearing of this petition was held on September 21, 2005 with the following Board
Members present:Nina Cohen, Chairman,Bonnie Belair, Richard Dionne,Nicholas
Helides and Robin Stein.Notice of this 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.
The petitioner is requesting a Variance from the number of stories to construct a 3`d floor
dormer for the property located at 22-24 School Street located in an R-2 zone.
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 or 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 presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. Petitioners Michael &Nancy LeBlance of 7 Moulton Ave. requested a variance to
allow a third floor dormer for the building at 22-24 School Street.
2. As grounds for this request, Ms. LeBlance stated that the requested dormer had
been partly built, pursuant to a building permit dated October 16,2004. Although
a building permit was issued by the City, it was apparently issued without the
required zoning relief. As further grounds she stated that the third floor living area
would not become a separate living unit, but she requested permission to install a
bathroom on the third floor.
3. A Stop Work order issued by the Building Commissioner on June 16, 2005 stated
that the building permit had expired, and zoning relief was needed for the third
floor dormer.
4. Several neighbors spoke in opposition to the proposed petition. James Fleming of
47 Buffum Street stated that petitioner's property, a two-family house, is in
'0
CIfY Ur SALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22-24
SCHOOL STREET R-2 1885 SEP 30 A 9-- 18
page two
disrepair and is badly maintained. He observed a toilet seat was left on the front
porch off the house for several weeks,among other problems.
5. Jean Krajeski of 21 School Street also opposed the petition, stating that it
appeared an illegal third apartment was being installed in the building. She also
observed that the residence lacked sufficient off-street parking for the residents'
cars. Because of insufficient off-street parking,residents and visitors park on
both sides of School Street,even though it is not allowed,and this in tum creates
a hazard because the curve of the street at this point impedes visibility.
6. Cheryl Liakos of 1 School Street, also opposed the petition, for the above reasons
and because she felt resident children were endangered by the congested traffic on
School Street. Mrs. Thomas Hayes of 44 Ban:Street,also opposed the petition
for the above reasons and because she objected to the increase in density caused
by the illegal third unit in the building.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
September 21,2005
Nina Cohen, Chairm &
Board of Appeal Illl��
OF SALEM. MA
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLA"6'S OFFICE
BOARD AND THE CITY CLERK
Appeal from this decision,if any, shall be made pursuant to Sectionj z-
Chapter 40A and shall be filed within 20 days after the date of filing of s s 9 18
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that,if such appeal has been filed,that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the
name of the owner of record or is recorded and noted on the owner Certificate of
Title.
Board of Appeal
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-741-1800
FAx 978-745-0343
W W W.SALEM.COM
Kimberley Driscoll JOANNE SCOTT, MPH, RS, CHO
Mayor HEALTH AGENT
May 22, 2007
E.J. Reynoso
22 School Street
Salem, MA. 01970
Dear Mr. Reynoso:
The Salem Board of Health has received numerous complaints regarding trash
storage and placement around the area of School Street in the City of Salem.
It has been observed that your trash removal company vehicle is parked on the
corner of Buffum Street and School Street, filled with trash bags and other
refuse. All trash must be kept in watertight, rodent proof containers
Trash obtained through your business may not be placed out for municipal
collection in front of your house or put in front of anyone else's house. Such
activity could result in a criminal complaint being sought against the offender in
Salem District Court.
Please call me at 741-1800 upon receipt of this notice.
Your cooperation is appreciated in this matter.
S�cerely,
Joanne Scott
Health Agent
Cc: Jason Silva
Councilor Paul Prevey
Thomas St. Pierre