35 STATION ROAD - BUILDING INSPECTION 35 STATION ROAD
fZ
Kalis, Lucas, Gelineau & Kline
Attorneys to Law COPY
133 Washington Street, Salem, Massachusetts 01970-3521
Tel. (978) 741-0862 Facsimile (978) 745-6909
Robert I. Kalis
Henry A. Lucas, Jr.
Roy F. Gelineau
Anthony F. Kline
June 12 , 1998
Mr. Sirin Turuz
-MsDina--Tu-ruz
35 Station Road—
Salem,
oad
Salem, MA 01970
Dear Mr. and Ms T ruz :
re: Notice of Termination of License
Please be advised that I represent Barry and Lorri DeFrancesco who are
presently building a home at 37 Station Road in Salem, Massachusetts . My
clients have advised me that an above ground swimming pool and fence owned
by you which straddle the back yards of your respective properties are
being maintained by you in an unsafe condition. Furthermore, the pool
encroaches upon their property .The unsafe condition which you have caused
has exposed my clients to substantial liability. Therefore, your license
to maintain these structures on their property is hereby terminated.
This letter is a demand upon you to remove the fence, pool, and
appurtenant structures from their property forthwith. If they are not
removed by 5 : 00 P .M. on June 19 , 1998 Mr. and Mrs . DeFrancesco have been
advised that they should take any steps necessary to remove this hazardous
condition by draining and/or dismantling these structures in a fashion that
will discontinue this hazardous condition and at your cost . If you fail to
remove this personal property as directed, my clients shall seek all
appropriate remedies, including an action for trespass .
If you have any questions regarding this demand they may be addressed
to the undersigned. Thank you.
Very truly yours ,
�dvl -F� f 0�
Roy F. Gelineau
RFG/bb
4910
cc : City of Salem, Building Inspector
CERTIFIED MAIL AND FIRST CLASS MAIL
March 30, 1998
Dear Mayor Uscoicz,
I am writing to you out of sheer desperation and despair. The conditions which my
family and I-have been living-with are abysmal, due to.construction-that is taking place on
Station Road. Recently I saw you at the Every Child Counts Conference, we both
attended a workshop presented by-Brendan Walsh.-I wanted to-bring my-concerns to your
attention but it was an inappropriate time to interrupt your quality time with your son. My
husband and-Imoved to 35-Station Road four-years-ago-afterspending-two-yearslooking
for a suitable home in which to raise a family. We had been living in Salem for the
previous eleven years. Weiove living and-working4"alem.When we found-the old
Smith Farm, the last house on a dead end street that abutted conservation land, we
thought we-had-found our dream home.-Our oldest son, Arif,-now four-was born-three
weeks after we moved in. Our second son, Demir, now two was born a year later. We
applied for-andsecured a low-interest-loan through-theeity-so-that we-could-truly make
this a dream home for our family. The major renovations took place from November of
1996 through April of 1997.-Wetake-a4ot-ofprideintheAvorkthat we-have-done-to
improve our property the experience of putting your own sweat and labor into a project
does have its-rewards. During-this-time-we began-to-hear-rumors that the-DiBase
Construction Company intended to build on what we believed to be conservation land, and
that the DeFrancescofamily-hadplam-to-build-on-whatitad-been-deemed-wetlands.
Suddenly my dreams of the boys playing in the forest surrounding our home went up in
smoke. To say-that our daily-life-has+eentlisrupted-isputting-it-mildly.--Also the-land
adjacent to our house was to be sold and the former wet lands would be `Shoved"and
elevated. Our-property would-n"-bel-he-lowest-lying-area-in-the surrounding
neighborhood. Until this point in time I was unaware of the fact that you could redirect
wet lands. We were appalled-but-believed-inthe-systerh;-aM4dt-that our-eencern-for-the
natural beauty of this area would be heard. My husband Sirin, attended many conservation
committee meetings. His aeeourns-of-theineetings were-very-disheartening-and it-seemed
to me that our side of the discussion was falling on deaf ears. It seemed as though Dibiase
and DeFrancesco family had-the-eonmrittee-eonvineed before-my discussion-hadtaken
place. The construction of twelve new homes on so called "protected" land began just one
month after our-renovations-ended.
There was no road for the heavy equipment, laborers, and trucks to use, so the street in
front of my house became-aIW4 ng-lot-for-everyoneand-anyone who�was-asseeiated-with
the new construction. Frequently I would have to park on Moffatt Road and walk through
neighbors'yards-with my infant sans;-and-groeeries-intow,-beeause I wasp -foget
close to my home due to the myriad of vehicles that converged on this project. When the
blasting of-rock and ledgebegan-I-watehed-in dismay-as-our-si c-months-ef-hard-weri-vas
ruined as three of the five rooms we had just had plastered showed signs of cracking from
the explosions. The windshield oneur•-chicle- a&shattered-dw to falling-debris. My-sans
and I had to run and take cover many times while outside trying to enjoy a ride on the
swings or playing in the sandbox:Neitherene�of d n-had a nap-al"ummer-due to
the fact that the blasting crew was working approximately 20 feet from their b9drooms,
daily. Each-time as the blasting-eompany-would sound-tts-warning I would-cringe and
pray for no-more-damage toourTToperty.At-this-pointinmid-July,wemeededand-wanted
to spend time outdoors, I was also worried for our personal safety as well. The newest
blasting company-infrequently-gives-us-any warningwhen-detonating-a ehargetherefcm
we are always a little taken off guard when the house shakes enough to knock pictures off
walls. The trucks-start driving-as-early -six-a m.;cometImes-seven days-a-week,-andthe
heavy equipment is most always in full swing by 7:30. The City ordinance is 8:00 and on
occasion I have-called the-pelieeNahe are-prempt-intheir-response,-reminding-Jhe workers
of the ordinance, tell them to stop, which they do. The police leave Station Road the
workers resume the fast and-furious-pace,-out-of-sigM-out-of-mind!
Our days were filled with noise, dust and exhaust from idling vehicles. Because of my
two son's fascination with e-construetionsite,-I-constantly-liveYnfear-that-aire-ofthem
might somehow wander off and be grievously injured. In the fall of 1997 a water main
cracked and we were without-water-f'ortwo days-When-tire-problem was`Fixed"-the
water is now yellow and smells and tastes foul. Our electrical, telephone and cable have all
been disrupted. All of theselproblems have-coneemed-me-but-Rotas much-as-my-ebildren's
safety. In January I became aware that an area which contained a slow moving narrow
stream had been filled in by-Dibase-and-was-tuniing-intoa-bedy-of water.-41-now-resembles
a swampy bog. My sons who would have had to go around a fence and walk
approximately-twenty feet-into-the-next-yard-before-getting-tathe-vater,-tould-now-easily
tumble into this muddy swamp. I have tried in the past to speak with Mr. Dibase about my
concerns, to-noavail, weitre-presently -ongood-terms:-We-donot-have-themoney
required to hire a lawyer so we could fight this in court. I was hoping that this situation
could be resolved by discussing-the4ssues.-4tappearsthat-Nir.-Dibaseaadthe
DeFrancesco will do as they like, as long as they like, while the city turns a blind eye. We
have become prisoners in-our-own4eme-d veto-the speeding-trucks constantly-goring up
and down our once quiet dead end street. I sometimes wonder if it would not be easier to
pack up and-leave rather than-stayand-fightthealmost-d*-battles.
I would appreciate your opinion of the situation. I feel I have been more than patient
and fair considering this project-hatbeen-on going€er$ver-a-year,_ 140 Totknow-ifyou
have received any other complaints. I am appealing to many city officials, in the hopes that
these concerns-may be rectified.-T4iank-you-for-your-consideration.
Sincerely,
Dina and Sirin Taruz
cc:
Mayor Stanley Usovicz
Mark Blair Ward Councilor
Leo Tremblay Public Property
Stan Bornstein -Public Works
Steve Dibble Conservation Committee
Kevin Goggin Assistant-BuildingInspeetor ,
Some of the concerns I'm-sharing with you-are:
1. The filling, moving and elevating of wetlands located on the side and behind the
property located at 37-Station-Rnad.
2. The build up of stagnant waters on property located adjacent to 35 Station Road.
3. Early construction start-uptime,-(before-8a-.1n.).
4. Late construction end time, (after 5p.m.)
5. The patking-of commercial-vehicles-on Station-Road.
6. Dust and mud caused by high speed entering and exiting construction vehicles.
t
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C tg of SatEm,
C .. j� IIttr� IIf �► persi hail i'i v 24 Ah X83
DECISION ON THE PETITION OF RAYMOND V. BEAULMI FOR.'. o urrlCE
VARIANCES FOR 35 STATION ROAD UjLEM. MA$$,
A hearing on this Petition was held on.March 23, 1983, with the following Board
Members present: James Hacker, Chairman;. Messrs. Hopper, LaBrecque, Feeherry
and Piemonte. Notices of the hearing were 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 has requested a variance for the property in question to allow
him to divide the property into _two lots (Lots 1 and 2) , both of which lots
will fail to comply with minimum lot area requirements.. In addition, Petitioner
has requested a variance from side yard restrictions for Lot 1 to allow the
garage on that site to remain there.
The Board of Appeal, after consideration of the evidence presented at the public hearing
and after viewing the property makes the following findings of fact:
1. No opposition was raised to Petitioners plan by neighbors.
2. The proposed division of the property will create two lots
which are considtent with surrounding lots.
n the basis of the above findings of fact, and the evidence presented at the public
aearing, the Board of Appeals concludes as follows:
1. The property in question is unique because of its peculiar configuration
and topography. In addition, . the configuration of the lot imposes a hardship
on the petitioner by restricting his ability to use the property in a
manner consistent with the surrounding neighborhood.
2. The conditions described above especially affect the land in question but
do not generally affect the zoning district in which the land is located.
3. The conditions described above which affect the land in question, but not
the zoning district generally cause special financial hardship to the Petitioner
4. The desired variance may be granted without substantial detriment to the public
good.
Therefore, the Board of Zoning Appeal voted unanimously in favor
of approving the grant of the requested relief. The Board '
grants a variance to the Petitioner on the following terms and conditions:
1. Petitioner may divide the property into two lots as shown on the plan
/j r��� submitted to the Board.
DECISION ON THE PETITION OF RAYMOND V. BEAULIEU FOR IM CO v 24 kAP. •83
VARIANCES. FOR 35 STATION ROAD
CITY ..�_:•.t a ur riCE
PAGE 2 SALEM. MASS.
March 23, 1983
2. Petitioner may keep the existing garage on Lot 1 within
2.98 'feet of the side line of the property.
3. Petitioner shall obtain a Certificate of Use and
Occupancy for the premises before recording the plan
submitted to the Board:
r. /
AntlQpyLM. Feeherry
Secretary
t ..
APPEAL FROM THfS DECISION, IF ANY, SHALL BE -MADE PURSUANT TO SECTION 17 OF THE AMASS.
GENERAL.LA�fS. CHAPi ER SC3. AND SHALL EE FILED WTINN 20 OATS AFTER THE DATE OF FILING
CF THIS DEGS'CS IH THE OFFICE OF THE CITY CLERK. -
-Fi:2?ANT T') CE::E'A.. !RSCS. C:MAPTE
6:�i"MiE:) Ei.•. SNAL! .i'J. T _ . S M, SECTIC.1 11. THE_M:ANCE OR 2?_C!AI PER,'^,T'
M .�E EN'-Cf URTIL A COPY OF THE BE.",; ;'-�N, BE.-, - ,r: CERT.
FMC.iu ! - f THE Ci;i CLERJ VIA; ) DAPS HAVE ELLPS 7 !-) NO APPEAL H.:o-E , FM!.ED. .
OR MIT. IF SUi.R AN AP?-AL HAS BEEN FMLE, THAT IT HAS EEE': CIS6:'SE50 CR D?:'=.� IS
RECOVE3 I:! TH.- S;tiiH ESSEX REo"ISfiY IF Z:, 3' AND INDEXED LNOER THL'fiYSE CF THE C71F:SR
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERfIFFtCATE OF TITLE
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
:C
Y �V
Titg of '*11=1' Anssariputt5 a \
PgefU�r,y Vf MIR 24 24 nit �$3
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DECISION ON THE PETITION OF RAYMOND V. BEAMEtT FOx:•- -• 6 t1rFlU
VARIANCES FOR 35 STATION ROAD SALEFS, MASS,
A hearing on this Petition was held an March 23, 1983, with the following Board
Members present: James Hacker, Chairman;. Messrs. Hopper, LaBrecque, Feeherry
and Piemonte. Notices of the hearing were 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 has requested a variance for the property in question to allow
him to divide the property into _two lots (Lots 1 and 2) , both of which lots
will fail to comply with minimum- lot area requirements.. In addition, Petitioner
has requested a variance from side yard restrictions for Lot 1 to allow the
garage on that site to remain there.
The Board of Appeal, after consideration of the evidence presented at the public hearing
and after viewing the property makes the following findings of fact:
1. No opposition was raised to .Petitioner's plan by neighbors.
2. The proposed division of the property will create two lots
which are considtent with surrounding lots.
fn the basis of the above findings of fact, and the evidence presented at the public
aearing, the Board of Appeals concludes as follows:
1. The property in question is unique because of its peculiar configuration
and topography. In addition, , the configuration of the lot imposes a hardship
on the petitioner by restricting his ability to use the property in a
manner consistent with the surrounding neighborhood.
2. The conditions described above especially affect the land in question but
do not generally affect the zoning district in which the land is located.
3. The conditions described above which affect the land in question, but not
the zoning district generally cause special financial hardship to the Petitioner.
4. The desired variance may be granted without substantial detriment to the public
good.
Therefore, the Board of Zoning Appeal voted unanimously in favor
of approving the grant of the requested relief. The Board '
grants a variance to the Petitioner on the following terms and conditions:
0 1j�� 1. Petitioner may divide the property into two lots as shown on the plan
submitted to the Board.
1t
DECISION ON THE PETITION OF RAYMOND V. BEAULIEU FOR hiAti Lf , 24 `83
VARIANCES. FOR 35 STATION ROAD
CITY urriCE
PAGE 2
March 23, 1983 SALEM, MASS.
t
2. Petitioner may keep the existing garage on Lot 1 within
2.98 feet of the side line of the property.
3. Petitioner shall obtain a Certificate of Use and
F Occupancy for the premises before recording the plan
submitted to the Board.
AnthgnyLM. Feeherry
Secretary
APPEAL MOM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAYtS, CHAPTER R03, A?:D SHALL °.E FRED W;TH:N 20 DAYS AFTER THE DATE OF FILING
CF THIS DECLS!C:N IN THE OFFICE OF THE CITY CLERK.
P;: SAPIi TO i:;1SS. GEUR'd. LA:S. "ER Z?3, SEC.
? .
11. THE C4.A.2lJ1A."1N.CBEE.O1.SR itSiC?_TrItr orR7 :T
OACE?7-
:27^i fE3 S"E!:i. :NSLL r.., T-,_ E.':'-,Cr UTI' A COPYf TH"OZ
i CCE^; H 2FC:i_'N tiF i4E Ci� ".',(S HAVE ELAPSED V.*,a 1:0 .-N,
OR TH;T. IF.SUCH A:: APP-EAL H.--S EEE:N ME, TYAi IT HA3 EEE^: CI"s6ilSa?D CR O-,%,:D IS
RECORIED IN THE S'oJ.'H ESSEX RE S:;i GF D�EDC AND IROEXED U.?DSt "fH`-i:AfaE CF THE
OF RECCRO OR 13 RECGROED AND NOTED ON THE OWNER'S CERfIFtCATE OF TITLE
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
yt3' 7 GLlL.LIt' C'.i:lus$aC4u5-o�rr'i
w
-. � � ultlit rn er# a ttr#men#
�`�ab>4�'"` �uil3in� �e�ttr#rcetr#
Richard T. McIntosh
One Salem Green
745-0213
January 17,1984
Plunkett & Plunkett
208 Essex Street Mail
Salem,Ma 01970
and
TO WHOM IT MAY CONCERN:
The property known as 35 Station Road AIK/A Lot #2 on
subdivision (Form A) plan dated 1/12/83 done by Essex
Survey, is a single family house.
This use is in compliance with the City Zoning Ordinance
and it may be occupied as a Single Family Dwelling.
Richard T. McIntosh
RTM:mo's Zoning Enforcement Officer
tONf�
Ctv of *Iem, �ttssttt�ise##s
�4 k F CEI V F ri
'83 FEB 15 P 2 :39
(Eitg Pau
CITY CLERK'S OFFICE � '" �ta,$aoip,�tt8 niezn
SALEM hl'r. S. FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the
applicant must file, by delivery or registered mail, a
Notice with the City Clerk stating the date of sub-
'T mission for such determination. The notice shall be
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall he typewritten or neatly printed
in ink.
Salem Mass. --
---- �Q-----__19-
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
• state specific reasons) �2_[?txLSi a�1 v_F_--- ----teU-__W���#---Tisa _
9_F<..mn14_ Ur1QJ!v�S.__La212t..SXAIuQJ�+-1+--JuhLal�l_i.SUISR1Y1k4v
k---4-f___5�1 ---
�.sS 12 MP,at__SX-.Ia=mb
and herewith submits said plan for a determination and -endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner1-�!?--------.---
Address. .....ST�S.IQ= ---R—A--------- _------
-------------------------------------------
2. Name of Engineer or Survey�y'or .. S e.X.__S1uZ lrY__--sS trlu t.i L...r.. x�._...---•-.•---.-.
Address..y.2....rG.V.&aAL.......c.T...........rf5-F.�.�.tn 7...r1A-..... .t.42sz..............
3. Deed of property records in ---- 3_e2S___ya_>T1� l�_t_S_-r.} i_cZ_-___ Registry
Book ------b°-LZ--------------------_Page -----6 ! --------------
4. Location and Description of Property: _>} ____-_S_T_!q_T_loN1'`-d---------- 9sut_Szen-b-------
A!!�A_ ?.a- _e-------------------
-------------------------------------------------------------------------------------------- ----------- ----------------------------------------
----------
-------------------------------------------------------------------------------------------------------------------------- --------------------
----------- ------------------------ ------------------------------------------------------ --------------------------------------------
– -- ------------------------------- ------------------------------
------------------------------------------- ----- ------------------------------------------------------------------------------------------
---------------------------------------------------—-----------------------------------------------------__--------------------------------------
5. All streets and abutting lot lines shall be shown on the.Plan together with the names of the Owners
of the abutting lots.
Signature of Owner---` _ _ r s1 V-- -------------
Address---3_S7----._S -------------------------------------
Telephone Number -- 7Y-Y•_Q- bSy-----._.................................
Ct . of "ittlem' �Ittssar4use##s
RECENCE
Planning Puarb
'83 FEB 15 P2 :39
(Lite ?dull
CITY CLERK'S OFFICE Auzzarllusetts 01978
SALES MAS
NOTICE TO BE ATTACHED TO
FORM "A"APPLICATIONS
See Form "A" applications for
complete instructions for filing.
All insertions shall be typewritten
or printed neatly in ink.
Date: -- �lJ, — /g�3--- —
City Clerk
Salem, Massachusetts 01970
•
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
The land shown on the accompanying plan is located at ......
• . _...•----...........••-•—......•••......._ in Ward .........07.................................................
insert street and street numbers here)
Signature of Owner
Street Address ---3_S=______S
City/rown & State--- L�i'1 1 C�'R '-----------01-9 10-------------------
Telephone Number ------ Y y -6-As -
-------------------
•
/yyl•COti Fiv EQ`ff1tu1 11fiI�P111Y c� c`1552TC1X5P
y} ` "E8 22P12 :40Iaiiitiity marl
�.
Y CLERKS OFFICE .
3ALEhi
February : 23 , 19.83 .
?As . Josephine Fusco
City Clerk
City Hall
Salem, Massachusetts 01970
Dear Ms. Fusco.
Ata regularly scheduled meeting"'of the' Salem.Planning. Board head on "
2-•17;•83 it was voted b.endorse "Approval Under.Subdivision
Control Law Not Required" on the .following de scribed plan:
1. Applicant: " Mr, Ravmond V, Beaulieu
• 35 .st4ion Road
Salemr 24A 01970
2. Location and Description-:-d"35' Station .Road,Salpm- MA,
Deed of propertvrecords in Essex South District, Book 6012 , `
Page .685
The Division.,of a. tract of land on which two or. more buildings
were standing when the subdivision control law went into effect
in the City of Salem into separate lots on each of which one
such building shall remain standing. "
Deed of property records in Essex South District Registry.
Sincerely,
• WALTER PO1A1ER III
Chairman ;