36-38 SUMMER STREET - BUILDING INSPECTION 38 SUMMER SIRE
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One -$Aem Orntt
745-Q213
February 20, 1979
Horizon School
36 Summer Street
Salem, MA 01970
Dear Sirs:
It has come to my attention that you are presently occupying
the premises at 36 Summer Street in violation of the Zoning Ordinance
of the City of Salem in that you are operating a non-residential use
in a residential zone.
You are hereby notified that any violation of the Zoning
Ordinance of the City of Salem will subject you to a fine of up to
$100.00 per violation. Each day such violation continues shall be
considered a separate offense.
Therefore, it is your responsibility to cease your present
use of the premises and to apply to the Board of Appeals for a
Variance if it is your desire to use the premises for a non-residential
purpose.
If you claim an educational or religious exemption from the
Zoning Ordinance, it will be necessary for you to present Affidavits
and other evidence to support such exemption.
In any case, it is necessary that all uses comply with regulations
relating to parking, density and other requirements of the Zoning
Ordinance of the City of Salem.
Sincerely,
John B. Powers
Zoning Enforcement Officer
JBP:tc
DRAFT
gt�lLGltt�
February .20 , 1979
RECEIVED MASS.
-�CITY OF 5ALEM
Horizon School
&6 Summer Street
Salem, Massachusetts 01970
Dear Sirs:
It has come to my attention that you are presently occupying
the premises at ,3(, Summer Street in violation of the Zoning
Ordinance of the City of Salem. in that you are operating_ a
non-residential use in a .residential zone.
You are hereby notified that any violation of the Zoning
Ordinance of the City of Salem will. subject you to a fine of
up to $100 . 00 per violation .Fach day such violation continues
shall be considered a separate offense.
Therefore , it is your responsibility to cease your present
use of the premises and to apply to the Board of Appeals for a
Variance if it is your desire to use the premises for a non—residential
purpose.
If you claim an educational or religious exemption from the
Zoning ordinance , it will be necessary for you to present
Affidavits and other evidence to support such exemption.
In any case , it is necessary that all uses comply with
regulations relating to parkina , density and other requirements
of the Zoning Ordinance of the City of Salem.
Sincerely,
John B. Powers
Zoning Enforcement Officer
gar CITY OF SALEM, MASSACHUSETTS
INSPECTIONAL SERVICES DEPARTMENT
TrIOMAS ST.PIERRE
INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
TEL:978-745-9595♦ FAx 978-740-9846
Date July 28,2015 ( l1'fllE p �u REC—A_)L z
To: David Henry
Cr W���ru�
Address: 38 Summer Street
—(DM t'l11'—E� DtC 1L
City/State/Zip: Salem,MA 01970 BUILDIIJf, G�IGINE��tN�
Re: 36-38 Summer Street
Mr. Henry;
A length of PVC pipe, installed below ground,is being used to deliver water from your roof
directly into an asphalt Swale on the adjacent property at 34 Summer Street. The PVC pipe is
connected to a conductor pipe that is attached to a roof gutter that is located on the North side
of your building.
A Building owner is not allowed to redirect run-off water from his property to a property that
he does not own.
You are hereby required to remove the PVC pipe by August 7,2015.
Failure to resolve the issues cited above will be construed as non-compliance and may result in
the issue of municipal tickets and fines as well as further enforcement actions.
Please respond with 5 days of receipt of this letter.
Thank-you,
I c�
Harry Wagg
Assistant Building Inspector
978-619-5643 - hwagg@salem.com
l {
QTY OF SALEM, MASSACHUSETTS
INSPECTIONAL SERVICES DEPARTMENT
9e�mnx TY-IOMAS ST.PIERRE
INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KIMBERLEY DRISCOLL
MAYOR
120 WASHNGTON STREET♦ SALEM,MASSACiUSEM 01970
TEL:978-745-9595 ♦FAX:978-740-9846
May 27, 2015
Re 36—38 Summer Street
Mr. Henry,
I received the photo that you sent me (5/26)by e.mail; thank you.
The enclosed letter remains in effect.
Sincerely,
i
Harry Wagg
Assistant Building Inspector
978-619-5643
hwagg@salem.com
.6�cor CITY OF SALEM, MASSACHUSETTS
m INSPECTIONAL SERVICES DEPARTMENT
t .
czyrraecF�' THOMAS ST.PIERRE
INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-959F-47�-749-984
Date: May 27, 2015 we- F6� w-)k)1'9rVz �►q 1 (�
To: David Henry UPJ(r Pj� Cen TI-'I erb H f"I L
Address: 38 Summer Street
City/State/Zip: Salem,MA 01970
Re: 36-38 Summer Street
Mr. Henry;
The Building Department has noted work in-progress at 36-38 Summer Street. There is no
Building Permit on file to indicate the scope of work,but it appears that preparation is being
made to erect an Accessory Structure at the North side of the building.
The City of Salem Zoning Ordinance requires:
• Five feet between an Accessory Structure and all property lines. (3.2.4, 3)
• Ten feet between an Accessory Structure and the principal building on the lot. (3.2.4,2)
• Ten feet between an Accessory Structure and any other building on the same lot or any
abutting lot. (3.2.4,3)
• Maximum lot coverage by all buildings is not to exceed 35%. (4.1.1)
You are hereby required to cease all construction activity immediately and until such
time as compliance with the items noted above can be demonstrated to the satisfaction of
the Building Department.
Additionally,it appears that lattice-work has been installed along an existing fence that may
be the property of the house next door.
Finally, construction work within the local Historic District requires prior approval in the
form of a Certificate of Appropriateness from the Salem Historic Commission.
Failure to resolve the issues cited above will be construed as non-compliance and may result
in the issue of municipal tickets and fines as well as further enforcement actions.
Please respond with 5 days of receipt of this letter.
Thank-you,
Harry Wagg
Assistant Building Inspector
78-619-5643 / hwagg@salem.com
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CITY OF SALEM, MASSACHUSETTS
INSPECTIONAL SERVICES DEPARTMENT
THOMAS ST.PIERRE
INSPECnONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHUSEM 01970
TEL:978-745-9595♦FAx 978-740.9846
Date: August 10,2015 — ('l�t�rc,t� $I IU I IS — lzec'ul Fh2 N1p'1 _
To: David Henry
Address: 38 Summer Street
City/State/Zip: Salem,MA 01970
Re: 36-38 Summer Street
Mr. Henry;
I received your letter of August 8,2015. Thank you for the background information-and for
the documentation-regarding run-off water arrangements on your property at 36-38 Summer
Street.
Please consider my letter of July 281h to be rescinded.
Sincerely,
Harry Wagg
Assistant Building Inspector
78-619-5643 / hwagg@salem.com
DAVID HENRY RECEIVED
38 Summer Street INSPECTIONAL SERVICES
Salem, MA 01970 1015 AUG -b P 0 38
617-470-4041
August 8, 2015
Harry Wagg
City of Salem, Massachusetts
Inspectional Services Department
120 Washington Street
Salem, MA 01970
Dear Harry,
I am sorry that I was not present on July 24th to eliminate this issue. I only learned about your visit to my
property as I was rushing to work in Boston. However, I appreciate your time and energy to investigate
this issue.
According to your letter your major concern was; "A building owner is not allowed to redirect run-off
from his property to a property that he does not own."
Stephanie Fitzgerald of 34 Summer Street failed to mention to you that the swale is located on our
property. Attached is our plot plan and an easement that validates this claim. The entire swale is
located on our property.
The second issue that the resident of 34 Summer Street failed to mentioned to you is that she installed
the PVC pipe. Over ten years ago, 34 Summer Street complained about water getting in her basement.
She asked if she could put in the PVC pipe to direct the water to the swale. Being accommodating
neighbors we allowed her to install the pipe to help her with her problem.
Hopefully this resolves this issue.
egards,
David Henry
07/28/2015 16:11 9787449188 NORTHSHORESURVEY PAGE B2
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REFERENCE:
DEED;REC.BK.4 Slit PO. ZLI
TPa T4'rSMALL BUSINESS LE1JpIL1fj =e°NaATICL) 6 TWPL07PLANWASNOTWADEFROM
ANMM7RLMEAfTSURVEYAND WFOR
SULLIVAIJI SULUVAQ E` PINTA THE PURPOSM OF 7M BANK GAL Y. {AIDER
1 CERTIFY THAT THE BULLNNG(S)SHOWN HEREON NO CBNCUM$TANCE$ARE OFFSETS TOM
ARE LOCATED ON THE GROUND AS SHOWN AND THAT THEY USED FOR ESTAIII.Wo N7 OF FENCES
CONFORM TO THE HORIZONTAL DIMENBIONAL REGULATWNE WALLS WJXWA ETC,
OF TME ZONNG BYLAWS OF THE G I'TY OF SALE:M
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER MORTGAGE INSPECTION PLAN
GENERAL LAWS CHAPTER ASA SECTION 7. LOCATED AT
I ALSO CERTIFY THAT THE DWELLING SHOWN W NOT "SUMMER$fNFET
LOCATED WITHIN A FLOOD HAZARD ZONE AB SALEM
DELINEATED ON THE MAP OF COMMUNITY S 2S U 10 PREPARED FOR
SALEM MA.,EFFECTNE ?Wts DAVID L NFMRY A BONwE W.NNFNRY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
SCALE 1" 2W DECEMBER 12,NSI
NORTH SNORE BLLRNEY CORP.
DATE REO.PROFESSIONAL LAND SURVEYOR 47 LINDEN STREET. SALEM,MA.
n1n NI
eedcstta ps are°req iredebyylllaw. i9 Se9a than $B>c� i2� 1 5 i�I3II�II1II0I3I55�IBk�I�I1IeIzI Ip�lll50�
\O BASEMENT AGRFF.MENT 04/14/1993 12:4e:0e OT PON
AGREEMENT made thioa2M day of January, 1993 by and between
DAVID L. HENRY and BONNIE W. HENRY of 36-38 Summer Street, Salem,
MA (collectively, the "Grantor") and STEPHANIE M. FITZGERALD of 34
Summer street, Salem, MA (the "Grantee")
WITNESSETH:
WHEREAS, Grantor is the owner of the land at 36-36 Bummer
street, Salem, MA (the "Burdened Land") by virtue of a Deed dated
June 29, 1987, recorded with the Essex Registry of Deeds (the
"Registry") at Book 9053, Page 578;
WHEREAS, Grantee in the owner of the land at 34 Summar Street,
Salem, MA (the "Benefitted Land") abutting the Burdened Land by
virtue of a Deed dated November 15, 1983, recorded with said Deeds
at Book 7270, Page 65;
WHEREAS, the building of Grantee (the "Building") has been
construotsd in such a manner that portions of said Building
encroach onto the Burdened Land;
WHEREAS, the parties have reached an agreement with regard to
the grant of certain easements for the benefit of the Benefitted
Lend and desire to memorialize their common understanding in this
Agreement;
NOW, THEREFORE, for good and valuable consideration the
receipt and sufficiency of which is hereby acknowledge, the parties
hereto agree as follows:
1. Grantor does hereby grant to Grantee, her heirs,
successors and assigns, as appurtenant to the Benefitted Land: (a)
an exclusive, perpetual right, privilege and easement to that part
of the Burdened Land described on Exhibit A attached hereto and
incorporated herein by reference (the "Easement Area") for the
purpose of using, maintaining, repairing and replacing those
portions of the Building which presently encroach upon the Easement
Area; and (b) a non exclusive perpetual right, privilege and
easement to enter, pass and repass over the Burdened Land in order
to maintain or repair the Building.
2. The Grantor and the Grantee for themselves, their hairs,
successors and assigns agree that each will save the other harmless
and indemnified from all lose, claims, damage or expense of
whatever nature (including, without limitation, reasonable
attorneys' fees) arising from injury or damage to any person or
property from any act, omission or negligonce of the other or the
other`s tenants, agents, licensees, iinvitess or contractors
occurring pursuant to this Easement Agreement but, as to said
indemnity, only during the period of time during which such party
shall own the Burdened Land or the Benefitted Land, respectively.
BK 11825 FG 505
2
3. The conveyances, grants and covenants contained in this
Easement Agreement shall run with the land and shall be binding
upon and shall inure to the benefit of the Grantor and Grantee and
their respective heirs, successors and assigns.
—a mQ file
"Mortgage" a Burdened Property granted to it b Grahtor,
Anted June 29, 19 corded with said Deeds ook 9053, Page
579, consents to and agr ith the Gr and the Grantee that
the Mortgage shall ba and here o subject and subordinate to
the easements, covenants and��yyesLi ct onteined herein with the
same effect as though iTEasement Agree m ad been executed,
acknowledged, Grad and recorded prior to Nortgaga,
rovided Ver, that except as set forth in thia Pa C,
V
gage Is hereby ratified and confirmed and shall rem- n
!R'�TH@pBPca�3 n"iBY2-!D2•C9"'a1TQ"gfY gIIc
ONNIENRY
BT {ANY N. FITZG LD
-As to Peragraph-4
By:
,duly authorized
*The authorization of ea icer -
to execute this doo -tion on
behalf of Can ank a Trust
Company -corded at Book
Pa of the Essex Registry
BK 11825 PG 506
3
COMMONWEALTH OF MASSACHUSETTS
no. January ?Y , 1993
Then personally appeared before me the above-named David L.
Henry and Bonnie W. Henry and acknowledged the foregoing to be
their free act and deed, before me.
ry Public: 4/ '�
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
ee. January aS- , 1993
Then personally appeared before me the above-named Stephanie
N. Fitzgerald and acknowledged the foregoing to be her free act and
dead, before me.
Notary Pu c:
My commission expires:
NWSALTH OF MASSACHUSETTS
on. /Je�Ba _, 1983
Then personally appeared me the above-named
, of Century
n a Trus Company an ac a ge a rego ng to be free
act and dead and the a act and deed oP tury Bank-9—Trust
Company, before
Notary Public:
c:
My commission expires:
BK 11825 FG 507
EXHIBIT A
That certain parcel or tract of land situated at 36-38 Bummer
Street in Salem, Massachusetts, being bounded and described as
follows:
Beginning at a point on the westerly line of Summer Street,
said point being the southeasterly corner of the Benefitted
Premises; thence southerly by Summer street, 3 feet more or less;
thence turning and running parallel to the southerly property line
of the Benefitted Premises, 65 feet more or less; thence westerly
3 feet mors or lees; thence northerly by the southerly property
line of the Benefitted Promises, 65'-loo more or less to the point
of beginning.
Containing approximately 198 square feet of land and being a
portion of the premises conveyed to Grantor by Dead dated June 29,
1987, recorded with the Essex Registry of Deeds at Book 9053, Page
578.
CITY OF SALEM, MASSACHUSETTS
a
INSPECTIONAL SERVICES DEPARTMENT
THOMAS ST.PIERRE
INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KINMERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHOsETTS 01970
TEL:978-745-9595 FAx:978-740-9846 -
Date: July 28,2015
To: David Henry
Address: 38 Summer Street
City/State/Zip: Salem,MA 01970
Re: 36-38 Summer Street
Mr. Henry;
A length of PVC pipe, installed below ground, is being used to deliver water from your roof
directly into an asphalt swale on the adjacent property at 34 Summer Street. The PVC pipe is
connected to a conductor pipe that is attached to a roof gutter that is located on the North side
of your building.
A Building owner is not allowed to redirect run-off water from his property to a property that
he does not own.
You are hereby required to remove the PVC pipe by August 7,2015.
Failure to resolve the issues cited above will be construed as non-compliance and may result in
the issue of municipal tickets and fines as well as further enforcement actions.
Please respond with 5 days of receipt of this letter.
Thank-you,
Harry Wagg
Assistant Building Inspector
978-619-5643 - hwagg@salem.com
CITY OF SALEM, MASSACHUSETTS
INSPECTIONAL SERVICES DEPARTMENT
THOMAS ST.PIERRE
INSPECITONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KI OERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET• SALEM,MASSAcHusETrs 01970
TEL:978-745-9595♦FAx:978-740-9846
Date: August 10,2015
To: David Henry
Address: 38 Summer Street
City/State/Zip: Salem, MA 01970
Re: 36-38 Summer Street
Mr. Henry;
I received your letter of August 8, 2015. Thank you for the background information -and for
the documentation-regarding run-off water arrangements on your property at 36-38 Summer
Street.
Please consider my letter of July 28h to be rescinded.
Sincerely,
Harry Wagg
Assistant Building Inspector
78-619-5643 / hwagg@salem.com
DAVID HENRY INSPECTIONAL RECEIVED
SERVICES
38 Summer Street
Salem, MA 01970 1015 AUG -b P 0 38
617-470-4041
August 8, 2015
Harry Wagg
City of Salem, Massachusetts
Inspectional Services Department
120 Washington Street
Salem, MA 01970
Dear Harry,
I am sorry that I was not present on July 24`h to eliminate this issue. I only learned about your visit to my
property as I was rushing to work in Boston. However, I appreciate your time and energy to investigate
this issue.
According to your letter your major concern was; "A building owner is not allowed to redirect run-off
from his property to a property that he does not own."
Stephanie Fitzgerald of 34 Summer Street failed to mention to you that the swale is located on our
property. Attached is our plot plan and an easement that validates this claim. The entire swale is
located on our property.
The second issue that the resident of 34 Summer Street failed to mentioned to you is that she installed
the PVC pipe. Over ten years ago, 34 Summer Street complained about water getting in her basement.
She asked if she could put in the PVC pipe to direct the water to the swale. Being accommodating
neighbors we allowed her to install the pipe to help her with her problem.
Hopefully this resolves this issue.
egards,
David Henry
07/28/2015 16:11 9787449188 NORTHSHORESURVEY PAGE 02
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FS T&T SMALL. (3JSIUESS LEUQiuf, waPOPATIC0 6 �PTRLUELOT 7SURVEN WAS AND IS FOR
ROW
TO. AT*-r AN SMSTRWfINT SURVEY AND fB FOR
.SULLIVAW, SULUVAQ e PINTA THE PURPOSES OF TW BARK ONLY. UNDER
1 CERTIFY THAT THE SUILDING(S)SHOWN HEREON NO CIRCRISTANCISARE OFFSET$TO BE
ARE LOCATED ON THE GROUND AS SHOWN ANO THAT THEY USED FOR ESTABLOWENT OFFENCES,
CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIONS WALL$MEDOES,ETC.
OF THE ZONING BYLAWS OF THE C rr4 OF ,SALEM
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER MORTGAGE INSPECTION PLAN
GENERAL LAWS CHAPTER 40A SECTION 7. LOCATED AT
1 ALSO CERTIFY THAT THE DWELLING SHOWN IS NOT 40,Td SUMMER STREET
LOCATED WITHIN A FLOOD HAZARD ZONE AS SALFJ/
DEUNEATED ON THE MAP OF COMMUNITY 5 25 010 1- PREPARED FOR
SALP_M MA.,EFFECTIVE B151F5 DAVID L.HENRY 4BONMEW.HENRY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
SCALE 1 = 20' ONCEMIRDI 12,1995
NORTH SHORE SURVEY CORP.
0117E REO.PROFESSIONAL LAND SURVEYOR 47 LINDEN STREET- SALEM,MA.
5110111
n� �I I I II I�III I AI�I�IIn1I I II II lIl II�I III
.•� r^ The consideration for the easement is less than a8Ka 1 1 5 r ¢
deed stamps are required by law. W14M 12240 1mt 355 104104199312: 0:00 OT P 911 ,
O nASEMENT AGREEt1ENT 04/14/7993 72:40:00 OT
AGREEMENT made this a2M day of January, 1993 by and between
DAVID L. HENRY and BONNIE W. HENRY of 36-38 Summer Street, Salam,
MA (collectively, the "Grantor") and STEPHANIE M. FITZGERALD of 34
Summer street, Salem, MA (the "Grantee")
WITNESSETH:
WHEREAS, Grantor is the owner of. the land at 36-38 Summer
Street, Salem, MA (the "Burdened Land") by virtue of a Deed dated
June 29, 1987, recorded with the Essex Registry of Deeds (the
"Registry") at Book 9053, Page 5781
WHEREAS, Grantee is the owner of the land at 34 Summer Street,
Salem, MA (the "Benefitted Land") abutting the Burdened Land by
virtue of a Deed dated November 15, 1983, recorded with said Deeds
at Book 72701 Page 652
WHEREAS, the building of Grantee (the "Building") has been
constructed in such a manner that portions of said Building
encroach onto the Burdened Land;
WHEREAS, the parties have reached an agreement with regard to
the grant
of mn easements for the benefit of the memorialize their common understandingniis
inth
Landanddesire to
Agreement;
NOW, THEREFORE, for good and valuable consideration the
receipt and sufficiency of which is hereby acknowledge, the parties
hereto agree as follows:
1. Grantor does hereby grant to Grantee, her heirs,
successors and assigns, as appurtenant to the Benefitted Land: (a)
an exclusive, perpetual right, privilege and easement to that part
of the Burdened Land described on Exhibit A attached hereto and
incorporated herein by reference (the "Easement Area") for the
purpose of using, maintaining, repairing and replacing those
portions of the Building which presently encroach upon the Easement
Area; and (b) a non exclusive perpetual right, privilege and
easement to enter, pass and repass over the Burdened Land in order
to maintain or repair the Building.
2. The Grantor and the Grantee for themselves, their heirs,
successors and assigns agree that each will save the other harmless
and indemnified from all loss, claims, damage or expense of
whatever nature (including, without limitation, reasonable
attorneys' fees) arising from injury or damage to any person or
property from any act, omission or negligence of the other or the
other's tenants, agents, licensees, invitees or contractors
occurring pursuant to this Easement Agreement but, as to said
indemnity, only during the period of time during which such party
shall own the Burdened Land or the Benefitted Land, respectively.
BK 11825 FG 505
2
9. The conveyances, grants and covenants contained in this
Easement Agreement shall run with the land and shall be binding
upon and shall inure to the benefit of the Grantor and Grantee and
their respective heirs, successors and assigns.
the
"Mortgage" a Burdened Property granted to it b Grantor,
dated June 29, 29 corded witheaidDeeds ook 9059, Page
579, consents to and agr ith the Gr and the Grantee that
the Mortgage shall be and here subject and subordinate to
the easements, covenants and at ontained herein with the
same effect as though Easement Agreem ad been executed,
acknowledged, eyed and recorded prior to Mortgage,
provided ver, that except as set forth in thin Pa h 4,
the gage is hereby ratified and confirmed and shall rem& n
D •ID L. HENRY� '—
ONNIE W. HENRY
sTE AMIE M. FITZG I,D
By:
,duly authorized
*The authorization ofsa icer
to execute this do ation on
behalf of Can nk & Trust
Company ecorded at Book ,
Pa of the Eecex Registry
BK 11825 PG 506
3
COMMONWEALTH OF MASSACHUSETTS
on. January 1993
7I�Then �personally appeared before me the above-named David L.
Henry and Bonnie W. Henry and acknowledged the foregoing to be
their free act and deed, before me.
ry Pu
My commission expires; ;�a9/99
COMMONWEALTH OF MASSACHUSETTS
se. January j_, 1993
Then personally appeared before me the above-named Stephanie
M. Fitzgerald and acknowledged the .gregoing to be her free act and
deed, before me.
•uary Pc:
My commission expires:
C NWHALTH OF MASSACHUSETTS
as. i rr_, 1993
Then personally appeared me the above-named
, of century
a & Trust Company an ac a ge a rego ng to be free
act and deed and the a aat and deed of tury Bank&Trust
Company, before
Notary Public:
My commission expires:
8K 11825 PG 507
EXHIBIT A
That certain parcel or tract of land situated at 36-38 Summer
Street in Salem, Massachusetts, being bounded and described as
follows:
Beginning at a point on the westerly line of Summer Street,
said point being the southeasterly corner of the Benefitted
Premisesj thence southerly by Summer Street, 3 feet more or lees;
thence .turning and running parallel to the southerly property line
of the -Benefitted- Premises, 65 feet more or lees; thence westerly
3 feet more or less; thence northerly by the southerly property
line of the Benefitted Premises, 65'-10" more or less to the point
of beginning.
Containing approximately 198 square feet of land and being a
portion of the premises conveyed to Grantor by Deed dated June 29,
1987, recorded with the Essex Registry of Deeds at Book 9053, Page
578.
QTY OF SALEM, MASSACHUSETTS
INSPECTIONAL SERVICES DEPARTMENT
THomm ST.PIERRE
INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSAC HL5ETrS 01970
TEL:978-745-9595♦ FAx:978-740-9846
Date: July 28,2015
To: David Henry
Address: 38 Summer Street
City/State/Zip: Salem, MA 01970
Re: 36-38 Summer Street
Mr. Henry;
A length of PVC pipe, installed below ground, is being used to deliver water from your roof
directly into an asphalt swale on the adjacent property at 34 Summer Street. The PVC pipe is
connected to a conductor pipe that is attached to a roof gutter that is located on the North side
of your building.
A Building owner is not allowed to redirect run-off water from his property to a property that
he does not own.
You are hereby required to remove the PVC pipe by August 7,2015.
Failure to resolve the issues cited above will be construed as non-compliance and may result in
the issue of municipal tickets and fines as well as further enforcement actions.
Please respond with 5 days of receipt of this letter.
Thank-you,
Harry Wagg
Assistant Building Inspector
978-619-5643 - hwagg@salem.com