24 SURREY ROAD - BUILDING INSPECTION 24 SURREY ROAD
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SUFFOLK, as. SUPERIOR COURT
CIVIL ACTION
No. 6360
DONALD F. .HDNT, ET AIS Plaintiff(s)
V.
THOMAS C. McMAHON, ET ALS
Defendant(s)
SUMMONS AND ORDER OF NOTICE
To the-eboae-n n Defendants: THOMAS C. MCMAHON,, Director of the Division of Water Pollution
Control; Anthony Fletcher, City Fngineer of the City of Salem: and John Powers, City
.Building Inspector of the City of Salem.
You are hereby summoned and required to serve upon Epstein., SalloiaY & Kaplan
plaintiff's attorney, whose address is 131 5tate St. , Boston, class 02109 , an answer to
the complaint which is herewith served upon you, within 20 days after service of this summons upon
you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you
for the relief demanded in the complaint. You are also required to file your answer to the complaint in
the office of the Clerk of this court at Boston either before service upon plaintiff's attorney or within a
reasonable time thereafter.
Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which
you may have against the plaintiff which arises out of the transaction or occurrence that is the subject
matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other
action.
WE ALSO NOTIFY YOU that ap licat�'o has ,been made in said action, as appears in the
complain how c use re,: ,Comnleti6n of �leadings,
P 9RxR7p �tR }�3p;tuta�f and that a hearing upon such application will be held at the court
house at said Boston in the first session without jury of our said court on Friday the
ninth day of May A.D. 195 at ten o'clock A.M.,
at which you may appear and show cause why such application should not be granted.
Witness, WALTER H. McLAUGHLIN,. Esquire, at Boston, the thirtieth day of
April in the year of our Lord one thousand nine hundred'und seve — ive.
A TRUE COPY A-TEST,
DEP_UIY SHERIFF Wsaistan Jerk.
NOTES.
1.This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil procedure.-
2.When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is
used for each defendant,each should be addressed to the particular defendant.
r A
FORM CIV. P.-2-F74-2M - - r
PROOF OF SERVICE OF PROCESS -
I hereby. certify and return that on 19_, I served a copy of the within
summons and order of notice, together with a copy of the complaint in this action, upon the within
named defendant, in the following manner (See Mass. R. Civ. P. 4 (d) (1-5):
Dated: , 19_.
N.B. TO PROCESS SERVER: -
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
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KEVIN T. ❑ALY 's` o-l..l�i �? LEONARD F. FEMINO
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ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR���—�� -
�4gn.`T 9
93 WASHINGTON STREET 3 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREETONE SCHOOL STREET
MICHAEL E. O'B RIEN BEVERLY. MA 01915
SALEM. MA 01870 CITY SOLICITOR
745-4311
745.4311
93 WASHINGTON STREET 921-1990
745-0500 AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745.4311
744.3363
PLEASE REPLY TO 81 WASHINGTON STREET
April 26, 1988 =
William H. Munroe, Zoning Enforcement Officer
7.
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: �a Surrey Road, Salem, Massachusetts
(Assessor' s Map 22 , Lot #30 )
Dear Mr. Munroe :
I have been asked by the attorney for the owner of the
above to look into whether or not the above lot of land con-
taining 9 , 250 square feet of land and 65 . 3 feet of frontage
should be afforded the protection of the first sentence of
the fourth paragraph of GLc40A §6 set out as Section VIII
( B) ( 1) in the City of Salem Zoning Ordinance .
It appears that the lot in question conforms to all the
requirements of the existing zoning ordinance with the excep-
tion of the area and frontage requirement. An examination of
the records at the Registry of Deeds indicates that the most
recent instrument of record prior to August 27 , 1965 ( effec-
tive date of the zoning ordinance ) indicates the lot was sep-
arately owned and it has retained it ' s separate identity since
that time.
Accordingly, in my opinion, the parcel should be afford-
ed the benefit of the grandfather ' provision of GLc40A 56 as
enumerated in Section VIII ( B ) ( 1 ) of our Zoning Ordinance.
Very, truly yours ,
Michael E. O' Brien `
City Solicitor
MEO/jp
4,
1I
1
? LEONARD F. FEMINO
KEVIN T. DALY v^ "" "
ASSISTANT CITY SOLICITOR YO . ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET w � 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREETONE SCHOOL STREET
MICHAEL E. O'BRIEN
SALEM. MA 01970 BEVERLY. MA 01915
CITY SOLICITOR 745.4311
745-4311 93 WASHINGTON STREET
9211880
745-0500
AND
PLEASE REPLY TO ONE CHURCH STREET SI WASHINGTON STREET
PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745.4311
744.3363
PLEASE REPLY TO SI WASHINGTON STREET n '-"
April 26 , 1988 =
William H. Munroe, Zoning Enforcement Officer
City of. Salem
One Salem Green
Salem, Massachusetts 01970
Re: e*-- Surrey Road, Salem, Massachusetts
(Assessor' s Map 22 , Lot #30 )
Dear Mr. Munroe:
I have been asked by the attorney for the owner of the
above to look into whether or not the above lot of land con-
taining 9 , 250 square feet of land and 65 . 3 feet of frontage
should be afforded the protection of the first sentence of
the fourth paragraph of GLc40A §6 set out as Section VIII
( B) ( 1) in the City of Salem Zoning ordinance .
It appears that the lot in question conforms to all the
requirements of the existing zoning ordinance with the excep-
tion of the area and frontage requirement. An examination of
the records at the Registry of Deeds indicates that the most
recent instrument of record prior to August 27 , 1965 ( effec-
tive date of the zoning ordinance ) indicates the lot was sep-
arately owned and it has retained it' s separate identity since
that time.
Accordingly, in my opinion, the parcel should be afford-
ed the benefit of the "grandfather" provision of GLc40A §6 as
enumerated in Section VIII (B) ( 1 ) of our Zoning Ordinance.
Very truly yours ,
Michael E. O' Brien
City Solicitor
MEO/jp
Citp of 6atem, oaggarbugettg
6 Q
i3ublic Propertp Mepartment
��rMIN6 �3uilbing Department
One balem green
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
February 13 , 1989
Mr . Norman Darisse
24 Surrey Road
Salem, MA . 01970
RE : 177 Surre !Z:=
_�—
Dear Mr . Darisse ,
Pursuant to our conversation regarding the occupancy
of above referenced property , please be advised that a
temporary occupancy of the building will be allowed contingent
upon the garage being completed in a timely fashion .
S inrrely ,
David J . Harris
Assistant Building Inspector
DJH/eaf.
y
KEVIN T. DALY LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR ��� ;,— "? ASSISTANT CITY SOLICITOR
a,mv.��r�
93 WASHINGTON STREET 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'BRIEN
SALEM, MA 01970 BEVERLY, MA 01915
745-4311 CITY SOLICITOR 745-4311
745-0500 93 WASHINGTON STREET 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO 81 WASHINGTON STREET
April 26 , 1988
William H. Munroe, Zoning Enforcement Officer " ; y
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: -� Surrey Road, Salem, Massachusetts
(Assessor' s Map 22 , Lot #30 )
Dear Mr. Munroe :
I have been asked by the attorney for the owner of the
above to look into whether or not the above lot of land con-
taining 9 ,250 square feet of land and 65 . 3 feet of frontage
should be afforded the protection of the first sentence of
the fourth paragraph of GLc40A §6 set out as Section VIII
(B) ( 1) in the City of Salem Zoning Ordinance.
It appears that the lot in question conforms to all the
requirements of the existing zoning ordinance with the excep-
tion of the area and frontage requirement. An examination of
the records at the Registry of Deeds indicates that the most
recent instrument of record prior to August 27 , 1965 (effec-
tive date of the zoning ordinance) indicates the lot was sep-
arately owned and it has retained it' s separate identity since
that time.
Accordingly, in my opinion, the parcel should be afford-
ed the benefit of the "grandfather" provision of GLc40A §6 as
enumerated in Section VIII (B) ( 1) of our Zoning Ordinance.
er truly yours,
ichael E. O' Brien /
City Solicitor
MEO/jp
(TO PLAINTIFF'S ATTORNEY: Please Circle Ty ye o Gii0alai�olued: —.TORT — MOTOR VEHICLE TORT— `
` CONTRACT EQUITABLE RELIEF OTHER.) `
COMMONWEALTH OF MASSACHUSETTS
ESSEX,as. SUPERIOR COURT
CIVIL ACTION ..
r No. 2438
......'_SALE2.1 ACRES, INC. .... Plaintiff(s)
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o CITY OF SALEM? ANTIIONYv'FLETCHER AS HE I3 THE CITY
ENGINEER OF THE CITY OF 3ALEM JOHN POWER:.3 AS HE IS
SHE. CITY_BUILLINIG INSPECTOR 0 THE. CITYDefendant(s)
t AOF SALEM
� a
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`tl T
g SUMMONS
a To the above. named Defendant: John powers , as he is the City Builcing Inspector
of the .City of Salem
8 You are hereby summoned and required to serve upon peter . Beatrice Jr.
plaintiff's attorney, whose address is4Q••,Court...Stre.e ,---$Ostonl Mas. 02108
- • ...s;..,................... an answer to the
A
b
3 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu-
$ sive of the day of service. If you fail to do so, judgment by.default will be taken against you for the relief de-
manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
i of this court at .......Salem.......................... either before service upon plaintiff's attorneyor within a reasonable
atime thereafter.
a ;
d Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which you
may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
c p plaintiffs claim or you will thereafter be barred from making such claim in any other action.
a
o
Es H. McLAvc
Z W
Esquire, 12th
,, rrxFss WAr.Tat rnmr uire at Salem the
day of May, ., , in the year of our Lord one thousand
z " Lj nine hundred and seventy- five i
A y
a UE ®pY ATMS'h.
? QZ�
o
z 4 Clerk
DEP TY SHERIFF
NOTES:
1. This summons is issued pursuanttoRule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved the names of all defendants shouldappear in the caption. If a separate summons is
used for each defendant, each should be aadresscd to the particular defendant,
'MRCP Form 1 7.74-5000 D '
A
PROOF OF SERVICE OF PROCESS,
I hereby certify and return that on................................. ...., 197 I served a copy of
the. within summons, together with a copy of the complaint in this action, upon the within-named defendant,
in the following manner (See.Mass. R. Civ. P, 4 (d) (1-5): ;
- - ..... _._ _ ........
_- ......................... ........ ...................................
. ......................................
i Dated: 197
...... ........ ..............................
N.B. TO PROCESS SERVER:
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
17 197
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�.� COMMON'wEALT�E of MAS&ICHUSETT3
ES3ER, S3. " SITPEAIUR COURT
CIVIL C' ON
NO. �
ga em Acres, Inc, )
plaintiff )
V3.
City of Sa7.em, Anthony Fletcher COMPLAINT
y
' a3 he is the City Engineer of theCity
of Salem, John Powers, as he is the City)
Building Inspector of the pity of Salem )'_
respectfully represanta your plaintiff;
1. , That the plaintiff, Salem Acres, Ind. , is the owner of
a parcel of land at Surrey"Road, Salem, 14ass. Eti
i2 The' aefendant "j,nthony Fletcher :is the duly appointed
'ICity :Engineer of the City of Salem:-
c ,
3. The defendant John powers' is the duly appointed inspect
or: of .the City of Salem.
I� 4. The plaintiff submitted an appi4cation .to the C#ty of
Salem for a building permit `dated r.ecember 18, 19`I3. `
i. All required planjy ;speci�fications and other required
jj . - -
'I ( documents of the Building Lepartment conform in all respecta' to
i �ithe applicable building code and zo&ing ordinances of .the City 1
,� t) of Salem.`
6. .. pursuant to the Building code and ordinances of the
t� City ,of; Salem, it is the official duty of: the Building ln4pector
i ! to ,grant building permits when a builoing"permit application con- ;:
! forms to the applicable building .cone and zoning ordinances.
79 plaintiff has incurred great expense in preparation, of
plans, specifications and other payroll expenses, and 'ise-suffering
land will continue to suffer irreparable injury by the unreasonable
delay of the Building Inspector.
WHEREFORE) the plaintiff prays that,
".
1. " A mandatory in3unction may issue forthwith to` aid
defendants commanding him to issue the builcing•,permit` filed "by
the plaintiffs
2. That an order of ngtice may issue forthwith to said`f ,
defendants-commanding them to appear and shorn cause why`.said
injunction should not "be issued as prayed for,
30 For such other relief be decreed as ' the nature of he.
case may. require or as the 'gonorable Court aeeais .first `and
necesuary. ; ;
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By its, Attorneys "
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pa er R. Bea r cg,
1+0,:Oourt,''gtreet;' `auite :420
Bostong Mass. v 02108
t z27 "9700
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