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18 THORNDIKE STREET - BUILDING JACKET Nl�'1'l1�lr Q���' PRODUCT IS ECYCLED AND 00836 RECYYCLABLE RECYCLABLE Manulactured for G.P.Nichards Co.,Atlanta.GA. p 2,1 �� � lo (� horn Sri ae l S 3 =dv t/o0yl Picla ��Gj Certificate Number: B-16-988 Permit Number: B-16-988 Commonwealth of Massachusetts City of Salem This is to Certify that the .................................................................Pot Land Building.............................................................. located at Building Type 18 THORNDIKE STREET................................................................... in the .....................................City o.........................................................lm ......................................................I......... ........... Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY New Single Family Home JOE SKOMURSKI This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires Not Applicable unless sooner suspended or revoked. E)piration Date Issued On: Tuesday, July 11, 2017 Certificate Number: B-16-988 Permit Number: B-16-988 Commonwealth of Massachusetts City of Salem This is to Certify that the .....................................................................Pot Land Building.............................................................. located at Building Type ..................................................................18 THORNDIKE STREET................................................................... in the .....................................Ciry.of Salem .................................................... ................................................. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY New Single Family Home JOE SKOMURSKI This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not Applicable ......................... unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, July 11, 2017 I Commonwealth of Massachusetts r it . City .of Salem - - .120 Washington St,3rd.Floor Salem,MA 01970(978).745-9595.5641 Return card to Building Division foF Certificate of Occupancy , I a Permit No. B-16-988 FEEPAIo: $93.00 PERMIT -TOBUILD DATE ISSUED: /28/2016 This certifies that SKOMURSKI DEVELOPMENT LLC. i has permission to erect, alter, or demolish a building 18 THORNDIKE STREET Map/Lot 370038-0 . c as follows: New Construction - 1-2 Family CONSTRUCT NEW, SING FAMILY'(1800 SF)CQLONIEII. " t ` HOME Contractor Name: Joseph SKOMURSKI s • a.b�."' ai 1. ' DBA: SKOMURSKI DEVELOPMENT LLC t a t Contractor License No: '079854 t g ' . Ir / � ,����w 9/28/2016 •- Building O Iclal +' Date This permit shall be deemed abandoned and invalid unless the work authorized b this w a " may grant one or more extensions not to exceed six months each u y permit is commenced within six months after issuance.The Budding Official -I upon written request. -.� U F ti All work authorized by this permit shall conform to the approved applice nam d the approved co sit' struction documents for wh6..```this permit has�been granted. All construction alterations and changes of use of any building and structures shall be in compliance.with me oval zoning by-laws And codes . S: . . - a This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open.ior public iiisectbn for the entir0 duration of the - work until the completion of the same. p t i , , _ { The Certificate of Occupancy will not be issued until all applicable signatures by the Buildingand Fire• F I Officials era provided on this permd 4 < H IC#: P V Persons contracting With unregistered contractors do not have access to the guaranty'fund (as setforth w MG4c 142A) # 'Restrictions: _ w -w . ' Building plans are to be available on-site All Permit Cards-are4he property,ofthe PROPERTY OWNER. y 1 wommonwealth of Massachusetts t iCitv .of Salem ;a 9} 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5841 Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT LED Excavation . PERMIT TO BE POSTED IN THE WINDOW k. Footing INSPECTION RECORD Foundation - - Framing Mechanical - � - Insulation INSPECTION: By DATE DATE Chimney/Smoke C mbar - t Final... Q . /V / i 4 C. � Plumbing/Gas Rough:.Plumbing/.T,ry j 7►( i�1c 1 Rough::Gas Final §, flPj Electrical s> Service Rough r # r tt t Final' t P Fire Department t Preliminary l.e , Health Department Final Commonwealth of Massachusetts ` Salem City of Sl z 11 � - 120 W ashington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 . . Return card to Building Division for Certificate of Occupancy Permit No. 8-16-988 PERMIT TO BUILD FEE PAID: $973.00 DATE ISSUED: 9/28/2016 This certifies that SKOMURSKI DEVELOPMENT LLC has permission to erect, alter, or demolish a building 18 THORNDIKE STREET Map/Lot: 370038,0 ` as follows: New Construction - 1-2 Family CONSTRUCT NEW, SINGLE FAMILY(1800.SF).COLONIA.L_ HOME Contractor Name: Joseph SKOMURSKI DBA: SKOMURSKI DEVELOPMENT LLC Contractor License No: 079854 9%28/2016 Building O ficial Date, ..:. This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six monthsafterissuance.'The Bmiding(JfFlael may grant one or more extensions not to exceed six months each upon written request'. All work authorized by this permit shall conform to the approved application and the approved construction documents for-which:th_is*permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance.with the local zoning by-laws and codes. • '. ,� . .' `z This permit shall be displayed in a location clearly visible from access street or road and shall be-maintained open.for public"inspection,tor the entira.duration of the work until the completion of the same. '- - - The Certificate of Occupancy will not be issued until all applicable signatures by the.Building and Fire Officials are provided on this permit.-' HIC#: 'Persons contracting with unregistered contractors do not have access to the guaranty fund (as set forth in MGL c'.142A) Restrictions: Building plans are to be'aVailable,on site All Permit Cards are Rhe'property.of'the.PROPERTY OWNER %-,ommonwealth of Massachusetts a Citv of Salem 9 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 z5e41 'b Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Q � Excavation PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation Framing Mechanical Insulation INSPECTION: BY DATE Chimney/Smoke C tuber Final ©e 7//O 1 I�r Plumbing/Gas Rough:Plumbing Rough:Gas /AI��G W� Nlc r Final Electrical Service /;3 Rough Final C Fire DepartmentOR (�J] Preliminary al �] (' Health Department 0 Preliminary Final ° CITY of SALEM A1ASSACHUSETTS BOARD OF APPEAL Y 120WAS1-iwcION SMI-uI + S,u.rni,�%I SSS%(,III ai�01970 Klan+cai.i:r Uaixoi.i. 'frac;:978-619-5685 FAX:978-7-10-0404 Nkvoit cf February 29, 2012 a Decision m N s rR r a! City of Salem Zoning Board ofAppeals = Petition of PASQUANNA DEVELOPERS, INC. requesting Variances from minimum lof area,, eot area per dwelling unit, frontage, lot width, front yard setback and rear yard setback, in order to subdivide the property located at 18 THORNDIKE STREET(R-2 Zoning District) Into five (5) single-family house lots. A public hearing on the above Petition was opened on October 19, 2011 pursuant to Mass General Law Ch. 40A, § 11. The hearing was continued to November 16, 2011 (with no evidence taken) and then to February 15, 2012, and closed on February 15, 2012 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair), Annie Harris, Richard Dionne,Jamie Metsch, Jimmy Tsitsinos and Bonnie Belair. Annie Harris was not present at the October 19, 2011 meeting, but reviewed all evidence of the proceedings (including the audio recording) and submitted a signed affidavit to this effect. Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning Ordinances. Statements of fact: 1. Patrick Delulis presented the petition at the hearing. 2. In a petition date-stamped September 22, 2011, petitioner requested Variances pursuant to Sec. 4.0 of the Salem Zoning Ordinance to allow for the subdivision of 18 Thorndike Street into five (5) single-family house lots. 3. At the hearing on October 19, 2011, a resident spoke in opposition to the petition, concerned about the number of homes to be built. Joe Bennett, 15 Hubon Street, submitted a letter in Opposition to the project and also spoke in opposition at the February 15, 2012 meeting, citing concerns about the level of density, fire truck access, and proximity of the new homes to his home. I i 4. At the February 15, 2012 hearing, the petitioner presented revised plans showing movement of the houses and driveways on lots 4 and 5 further away from Thorndike Street abutters, and closer to the Hubon Street lots. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district, since the property was contaminated, which required extensive cleanup; it is a large lot with very little frontage; and it has a sewer easement running through it, which limited how the lots could be configured. 2. Owing to the previous contamination of the soil and the limitations presented by the sewer easement and lack of frontage, literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the Board finds the proposed development would be in keeping with the neighborhood. The Board also noted the project would offer benefits to the neighborhood including installation of a fire hydrant where none had previously existed, and the cleanup of the formerly contaminated site. 4. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five (5) in favor(Curran, Harris, Metsch, Dionne and Belair) and none opposed, to grant the requested Variances. Variances under Section 4.0 are granted to allow subdivision of the property into five (5) single-family house lots, as shown on the submitted plans ("Preliminary Subdivision Layout Geometry for 5 Residential Lots for a site at Thorndike & Hubon Streets, Salem, Massachusetts," prepared by Patrowicz Land Development Engineering, dated July 1, 2011 and last revised January 31, 2012). The Board of Appeals voted to grant petitioner's request for a Variance subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chair Salem Board of Appeals 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. 3 I COMPLAINT FILED:: �S. cc: CITY SOLICITOR - MAR. 23, 2004 BOARD OF APPEALS, CHAIRPERSON BOARD OF APPEALS Cl FY OF SALEM. MA 6310601 CLERK'S OFFICE y 1004 MAR 22 P 1: I9 Jaa4mz, 04970 94iAow (97,F 745-7575 (978) 745-93-15 BY HAND DELIVERY March 22, 2004 City Clerk City Hall 93 Washington Street Salem, MA 01970 In re: Caryl N. Welch v. Board of Appeal of the City of Salem Essex Superior Court Civil Action No. 04-0529A To the City Clerk: Pursuant to G.L. c. 40A, §17,you are hereby notified that I have filed the above action with the Superior Court Department for Essex County, appealing from a decision of the Salem Board of Appeal. In accordance with the law, a copy of the Complaint and the Civil Action Cover Sheet is presented herewith. Ver ly yours, L. Robert A. Munroe RAM: kab Enclosures cc: Client CIVIL ACTION DOCKETNO.(S) Trial Court of Massachusetts COVER SHEET 04 _ 05d"i f} Superior Court Department County: ESSEX . 9 PLAINTIFF(S) DEFENDANT(S) NINA COHEN, et als, MEMBERS OF CARYL N. WELCH THE BOARD OF APPEALS, CITY OF SALEM ATTORNEY,FIRM NAME,ADDRESS AND TELEPHONE ATTORNEY (it known) Robert A. Munroe, Esq. 81 Washington St. , #4, Salem, MA01970 Board of Bar Overseers number:36 12 80 ( 978-745-7575 ) Origin code and track designation Place an x in one box only: ❑ 4. F04 District Court Appeal c.231, s. 97 &104 (After ® 1. F01 Original Complaint trial) (X) ❑ 2. F02 Removal to Sup.Ct. C.231,s.104 ❑ 5. F05 Reactivated after rescript; relief from (Before trial) (F) judgment/Order (Mass.R.Civ.P. 60) (X) ❑ 3. F03 Retransfer to Sup.Ct. C.231,s.102C (X) ❑ 6. E10 Summary Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C 02 Zoning Appeal ( F ) ( )Yes (K ) No. The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form, disregard double or treble damage claims; indicate single damages only. TORT CLAIMS (Attach additional sheets as necessary) A. Documented medical expenses to date: 1. Total hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . 2. Total Doctor expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . 3. Total chiropractic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . 4. Total physical therapy expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . 5. Total other expenses (describe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . Subtotal $ . . . . . . . . . . . . . B. Documented lost wages and compensation to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . C. Documented property damages to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . D. Reasonably anticipated future medical and hospital expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . E. Reasonably anticipated lost wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . F Other documented items of damages (describe) $ . . . . . . . . . . . . . G. Brief description of plaintiff's injury, including nature and extent of injury (describe) $ . . . . . . . . . . . . . TOTAL $ . .N/A . . . . . . . CONTRACT CLAIMS (Attach additional sheets as necessary) Provide a detailed description of claim(s): TOTAL $. .N/A . . . . . . . PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT Essex Superior Court Civil "I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule :18) re uiring that I provide my clients with information about court-connected dispute resolution services and discus wit t rruhg a anlages and disadvantages of the various methods:' Signature of Attorney of Record DATE: */_ AOTC-6 mtc005-11/99 A.O.S.C.1-2000 coni CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL _ 120 WASHINGTON STREET, 3RD FLOOR s� tt* SALEM, MA 01970 �`r9B TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. r� MAYOR < T l Vo V'- 9 N 1 Or v1 nrn T N DECISION ON THE PETITION OF ROBERT MUNROE REQUESTING AN 3 ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNDIKE STREET R-2 w 6 Ahearing on this petition was held on February 18, 2004 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Nicholas Helices, Stephen Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Salem Zoning Officers decision to cease and desist order of December 2, 2003 for the property located at 18 Thorndike Street. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioner appeals an order of the City of Salem Building Commissioner, issued on or about December 2, 2003, ordering petitioner to cease and desist all nonresidential activities upon the property at 18 Thorndike Street ("the property"). Petitioner's client, Carol Welch, is a trustee of the property owner, Welch Family Trust. 2. Mr. St Pierre testified that he was asked by neighbors to determine whether the owners have operated a construction yard at the site, and he did so. Following his investigation Mr. St. Pierre determined that the use of the property as a construction yard had been abandoned for at least 24 months on two occasions since 1998. 3. On behalf of his client Mr. Munroe presented the Board with evidence in the form of testimony by Welch employee Bill McHugh supporting petitioner's assertion that petitioner had continuously operated a construction yard on the property during the period from 1989 to the present. Mr. McHugh stated that within a building on the site petitioner had stored a forklift, two excavators, a compressor, a trailer, a front- end loader apparently there are also some sections of concrete pipe partially buried on the property. Mr.McHugh stated that he entered onto the property more frequently Than every two years to operate the equipment stored in the building there. 4. Mr. McHugh also stated that for the past two yeas he has resided in Jersey City, New Jersey. 5. Neighbors' testimony was presented to the Board both supporting and opposing petitioner's assertion. Testimony of Michael Cocozella of 15 Hubon St. stated that he has lived at his present address since 1987 and had observed that the property was not used for any purpose from 1991 to 1994, and that it was also used for any purpose from 1997 until spring, 2002. A" ^ 09"29/00 5; 10 irut. 11 I7 BK 15593 PG FIDUCIARY DEED THOMAS MULCAHY, Trustee of The Welch Family Trust under a Declaration of Trust dated December I, 1992, and recorded with Essex South District Registry of Deeds at Book 6312, Page 407, of Marblehead, Massachusetts, for nominal consideration paid, grants to CARYL N. WELCH, of 38 Gingerbread Hill, Marblehead, Massachusetts: PARCEL I A certain parcel of land situate in Salem in the County of Essex bounded and described as follows: Beginning at the corner of Thomdike Street and "Private Wa hcr referred to; thence running by said Lot No. 9, first, 40 feet,th n 40.5 feet thelnrt10efeetafiand continuing Northwesterly by land formerly of Hurley about 70 feet to the water; thence tuming and running Northeasterly by the water about 72 feet; thence turning and running Southeasterly by land of owners unknown and by Lot No. 17, about 201 feet to a comer; thence turning and nuuting Northeasterly by said Lot No. 17, 45 feet to Hubon Street; thence turning and running Southeasterly by said Hubon Street, 165 feet to land now or formerly of Eliason; thence turning and running about Southerly 132 feet; thence turning and ntnning Northwesterly 86 feet, thence turrtng and n1rutirtg Southwesterly by Lot No, 6, 62 feet to Thorndike Street; thence turning and rnd running Northwesterly by Thoike Street 25 feet to land now or formerly of Mackie; [hence turning and running Northeasterly by said land of Mackie about 75 feet; thence turning and running Northwesterly by said land of Mackie, and by Lots No. 7 and No. 8, about 120 Feet; thence turning and running Southwesterly by Lot No. 8, 75 feet to Thorndike Street; thence turning and ruruling Northwesterly by said Thorndike Street about 25 feet to the point of baginrtirtg Being Parcel D in a deed of J. Norman Welch, Jr., Trustee of Front Street Really Trust, dated December 30, 1976, and recorded with Essex South District Registry of Deeds at.`Book 6312. Page 416. PARCEL Il: Certain real estate situate in Salem, in the County of Essex, described as follows: The land located off No. 434 Lafayette Street, Salem, Massachusetts, comprising approximately two acres and 29,346 square feet of land. I Being Parcel III in a deed of J. Norman Welch; Jr., Trustee of Front Street Realty Trust, dated December 30, 1976, and recorded with Essex South District Registry of Deeds at Book 6312, i JAMS A. PrTERSON I Attorney at Lase 81 Washington Street, Suite 10 Salem, Massachusetts 01970 CITY OF SALEM MASSACHUSETTS 3' PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 1' t SALEM, MAO 1970 TEL. (978) 745-9595 EXT. 380. FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR September 3, 2002 Welch Family Trust ATTN: Bill McHugh P.O. Box 58 Marblehead, Ma, 01945 Dear Mr. McHugh: Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2 residential two family district. Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion, leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use. As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector DiPaolo regarding the condition of the building located on this lot. You are directed to contact Mr. DiPaolo to arrange an inspection of the building (Mass Bid Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert GYh, I� f CITY OF SALEM, MASSACHUSETTS RECEIVED ,--, 2003 S ?I PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR rIP�Bt SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 2, 2003 Carol Welch c/o Attorney Robert Munroe 81 Washington Street Salem, Ma. 01970 RE: Hubom and Thomdike Street Dear Attorney Munroe: The property above has in my;opinion reverted back to the original R-2 zoning. Allowed uses in Section 5-2(b) (R-2 Districts) of the Salem Zoning Ordinance do not allow renting the property for contracting uses or for.storage of equipment. (See enclosed copy of section) It is clear from the affidavits filed in the civil case that any and all nonresidential uses have been abandoned and/or lapsed as a matter of law insofar as commercial activity was halted on at least two occasions for more than two years. Your client is hereby ordered to cease and desist all nonresidential activities on this property within 30 days upon receipt of this letter. If you have any further questions, please contact me directly. Sin ely, Thomas St. Pierre Zoning Officer cc: John Keenan, Solicitor Kevin Harvey, Councilor at Large Regina,Flynn, Ward Two Councilor; -Mike Sosnowski, Ward Two Councilor - Elect CITY or SALEM, MASSHCHUSETTS n BQARD Or APPEAL 3 � . TO THE BOARD OF-APPEAta The Undersigned represent that they are the owner(s)of a certain parcel of land located at 18 Thorndike West Zoning District R-7 and said parcel'is affected bySecdon(s) N/A of the Maasachusetb State Building Code. Plans describing the work proposed bay*been submitted to the htsPaetor of Buildings in aaoordanae with Seadon IX A I of the Zoning Ordinance. This is an appeal of an administrative decision. and cease and desist order of the Zoning Officer of the City of Salem. - The Application for Permit was denied by the hupector of Buildings for the following raason(s): This is an appeal of an administrative decision and cease and desist order of the Zoning Officer of the City of Salem. The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Petitioner appeals from the December 2, 2003 decision of the City' s Zoning Officer that the property at 18 Thorndike Street (Assessor's Parcel ID' 37-0038-0, Map 37, Lot 38) has reverted back to an R-2 use, that all nonresidential uses thereon have been abandoned, and ordering the petitioner to cease and desist all nonresidential activities upon the property. (ILFJ4SE IF111 Owner: GG Welch Petitioner. Robert A- Mnnrna, F�i c/o 81 Washington St. , p4 81 Washington St. U4 Address: 1,1-m Ma 0i 9 7 W Address. Tel. No. 978 745 7575 Tel.No. ^ Dots: (Signature) Pj3,zjt:,3 This original application must be filed with the City Clerk A certified copy of this petition will be returned to petitioner at the lime of riling with the City Clark to than be Glad with the Secretary of the Board of Appeal , four weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of E ,made payable to the Belem Evening News'. A TRUE COPY ATTEST: rtTV r' -RK / PX k� 1�: I ;¢o CITY OF SALEM9 MASSACHUSETTS'/T - - - BOARD OF APPEAL ERK S+ALEN Me T 120 WASHINGTON STREET, 3RD FLOOR S ©�F'IC�.A SALEM, ) 7 01970 ,yeg� TEL. (978) 745-9595 Fax (978) 740-9846 f� STANLEY ��Anp MAYOR VICZ, JR. �y _3 DECISION ON THE PETITION OF ROBERT MUNROE REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNDIKE STREET R-2 A hearing on this petition was held on February 18, 2004 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Nicholas Helides, Stephen Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Salem Zoning Officers decision to cease and desist order of December 2, 2003 for the property located at 18 Thorndike Street. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioner appeals an order of the City of Salem Building Commissioner, issued on or about December 2, 2003, ordering petitioner to cease and desist all nonresidential activities upon the property at 18 Thorndike Street ("the property"). Petitioner's client, Carol Welch, is a trustee of the property owner, Welch Family Trust. 2. Mr. St Pierre testified that he was asked by neighbors to determine whether the owners have operated a construction yard at the site, and he did so. Following his investigation Mr. St. Pierre determined that the use of the property as a construction yard had been abandoned for at least 24 months on two occasions since 1998. 3. On behalf of his client Mr. Munroe presented the Board with evidence in the form of testimony by Welch employee Bill McHugh supporting petitioner's assertion that petitioner had continuously operated a construction yard on the property during the period from 1989 to the present. Mr. McHugh stated that within a building on the site petitioner had stored a forklift, two excavators, a compressor,a trailer, a front- end loader apparently there are also some sections of concrete pipe partially buried on the property. Mr.McHugh stated that he entered onto the property more frequently Than every two years to operate the equipment stored in the building there. 4. Mr. McHugh also stated that for the past two yeas he has resided in Jersey City, New Jersey. 5. Neighbors' testimony was presented to the Board both supporting and opposing petitioner's assertion. Testimony of Michael Cocozella of 15 Hubon St. stated that he has lived at his present address since 1987 and had observed that the property was not used for any purpose from 1991 to 1994, and that it was also used for any purpose from 1997 until spring, 2002. r h CITY OF ULQi MA CLER.)t 5 #T*j, DECISION OF THE PETITION OF ROBERT MUNROE REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNI _ STREET R-1 P 2- 3b page two 6. Testimony of Lori Swezey of 10 Hubon St. stated that she observed no use of the property by anyone from February 2001 until Spring 2002 when the property began to be used by an electrician to store equipment for his electric company. After that, according to her testimony, the property was used to store vehicles. 7. Michael Swezey also testified that since he moved into the house at 10 Hubon St He had never seen any construction work at the property, and had never observed anyone working in the shed. 8. Also testifying that the property has not been used as a contractor's yard were Mr. Kevin Harvey Councilor at Large for the City of Salem and Bill Simmons of 19 Hubon Street. 9. Patrick Murtagh of 17 Hubon St., stated the he move into the neighborhood in 1997, And that he saw pickup trucks being worked on at the property about 3 years ago. Additionally he stated he saw someone using a bobcat to clear the yard. Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for the Board to support John Keenan's opinion and stand behind the Building Inspector with regards to 18 Thorndike Street with a vote of 4-1 to deny the petitioners appeal. � 6" Nina C Board of Appeal Csc` 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 Massachusetts General Laws, 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 Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed 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's Certificate of Title. 0 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ��/M1N6 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 . STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 - December 2, 2003 Carol Welch C�® c/o Attorney Robert Munroe 555��� 81 Washington Street Salem, Ma. 01970 RE: Hubom and Thorndike Street Dear Attorney Munroe: The property above has in my opinion reverted back to the original R-2 zoning. Allowed uses in Section 5-2(b) (R-2 Districts) of the Salem Zoning Ordinance do not allow renting the property for contracting uses or for storage of equipment. (See enclosed copy of section) It is clear from the affidavits filed in the civil case that any and all nonresidential uses have been abandoned and/or lapsed as a matter of law insofar as commercial activity was halted on at least two occasions for more than two years. Your client is hereby ordered to cease and desist all nonresidential activities on this property within 30 days upon receipt of this letter. If you have any further questions, please contact me directly. Srne,,ly, Thomas St. Pierre Zoning Officer cc: John Keenan, Solicitor Kevin Harvey, Councilor at Large Regina Flynn, Ward Two Councilor Mike Sosnowski, Ward Two Councilor - Elect i USE REGULATIONS SALEM ZONING ORDINANCE Art.V, §5.2 f ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed or offered for sale from the roadside. Sec. 5.1. Generally. (3) Nursery,elementary and secondary schools, (a) Uses of land, buildings and structures shall public parks and playgrounds, and public be regulated according to the schedule of uses set libraries. out in this article for each type of district. "Per- (4) Churches and similar places of worship. mitted uses" are those which shall be permitted in the district at any time. "Special permit uses" (5) Parish houses,convents and monasteries. are those which may be permitted in the district (6) Institutions of higher education. at the discretion of the board of appeals upon its determination that specific conditions are satis- (7) Public and private golf courses. bed. As explained in section 5-3(h)(3), "prohibited (g) Private garages and other accessory uses uses"are those which shall be specifically prohib- and buildings, provided that such uses are ited in the City of Salem at any time. clearly incidental to the principal use. All (b) The interpretation of the language of this the buildings on the lot shall not occupy a ordinance with respect to permitted and special greater percentage of the lot area than permit uses shall be in accordance with the intent listed in Table I following Article VI herein. stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted uses in the two-family residential districts: (c) The term "use of land" shall include the in- terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts, that the land cannot be used for the storage or except agricultural,horticultural and flori- overnight parking of motor vehicles, including cultural operations. trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached. section 7-1, unless the "permitted use" for build- ings in the district allows such parking for the (3) Rooming and boarding of not more than two storage of commercial motor vehicles. (2) persons. (4) Historic buildings open to the public. Sec. 5.2. Permitted uses. (5) Museums. (a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses mitted uses in the residential-conservation and and buildings, provided that such uses are one-family residential districts: clearly incidental to the principal use. (1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing (2) Customary agricultural, horticultural and projects built under the jurisdiction of the floricultural operations, provided that: Salem Housing Authority and financially aided by either the U.S.Public Housing Ad- ministration All the buildings combined shall not ministration and/or the Commonwealth of occupy a greater percentage of the lot Massachusetts Department of Commerce- area than listed in Table I following Division of Public Housing. Article VI herein. (c) R-3 Districts. The following are permitted b, No storage of manure or odor- or dust- uses in the multifamily residential districts: producing substance and no building in which farm animals are kept shall (1) All uses permitted in R-2 Districts. be permitted within one hundred (100) (2) Multifamily dwellings. feet of any property line. c. No greenhouse heating plant shall be (3) Private garages and other accessory uses operated within fifty (50) feet of the and buildings, provided that such uses are property line. clearly incidental to the principal use. 11 5u Zr-y"N� a Z 2 -- t t4ot-j P,E , � Odh �/ > 775 /6 3 No side of any pool shall be closure than six (6) feet allowed on front yards without obtaining Variance fro Board of Appeals. IV. Safety Requirements Pools will be surrounded by a fence at least four (4) fi sides of the pool. Rail fences will not be permitted. C locking device will be permitted. V. Electrical Requirements After receiving a permit from the Building Departmen obtain the service of a licensed Electrician to do all re( pool. License electrician is required to pull electrical Electrical Department is located behind the Central Fi (Applicant) �7y -&Uv CAW-0/ ✓La�i�xL��.iZ�uii�oe � / o-1970 FW04o ie (978) 745-7575 - m mW, (978) 745-9875 February 10, 2003 John Keenan, Esq. City Solicitor City of Salem 93 Washington Street Salem, MA 01970 In re: 18 Thorndike Street, Salem Dear Solicitor Keenan: I have consulted with my client relative to the issues identified by the City of Salem during our meeting at 18 Thorndike Street, Salem. First, the trailers contain electrical contractor's equipment and supplies. My client advises that they have been such trailers put to the same use, i.e., storage of supplies and equipment, for years and that this is nothing new. Second, there is no firewood business upon the property. The "firewood" is a tree that an abutter cut down and dropped over the fence. My client has done nothing but cut that tree into G smaller pieces. Third, the building upon the property is being operated in a sanitary and safe manner. The building contains thousands of dollars of construction equipment that my client would not likely place at risk by placing it in an unsafe structure. If you or the City of Salem's inspector's wish to have access to the building, please advise and I will arrange for such access. Finally,my client denies that there had been any expansion of the site's admittedly grand- fathered use. The City's position that because someone other than Welch Construction or the owner of the property may be using the site as a contractors storage and staging yard constitutes and expansion of the grand-fathered use, is clearly wrong. I would be pleased to discuss this with you at anytime. If we do not reach agreement on the permitted use of this site, I am prepared to seek a Declaratory Judgment as to the use of the property. Thank you for your attention and courtesy in this regard. ery ly yours, 1 n Robert A. Munroe RAM: kab cc: Client(c/o Bill McHugh) 6. The fence is not continuous around the property. Children can walk through the property where extension cords, piles of brush, unsafe structures, used oil or#2 fuel barrels are outside. These issues put a lot of liability on the owner and as an Inspector; I would ask that to protect the public from having a continuous fence should be in place. Thank you for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector cc: Mayor Usovicz John Keenan Councillor Flynn CITY OF SAL-r Ni. 5 \n 12 V'P.S'n lALEM, c FEc O€ SALEM, MAO 1970 T��. (978) 74 ) 740- EXT. 38G \ e terve�.;e FAx (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR March 21, 2003 Welch Family Trust ATTN: Brian McHugh P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thomdike Street Dear Mr. McHugh: An inspection was done on the property located at 18 Thorndike Street on March 20, 2003. The following issues were presented to both sides at the inspection. 1. 780 CMR, Section 103.1 Roof has rotten boards and punky rafters. Faccisa boards need repair. I have identified the garage as an unsafe structure. 780 CMR, Section 101.2 See attached code 780 CMR section 121.3 See attached code 2. Unregistered vehicles 24-21 Salem Zoning Ordinance 3. Piles of brush in the property constitute a fire hazard. 4.Empty oil and fuel tanks outside the garage, this is a fire code. 5. Extension cords from Bridge Street house to trailers and looks like it is plugged in diesel vehicles. These cords do not have G.I.F. connections and are not procted from physical abuse. M vw,U CUG"IC ["FOFCRTY LJ CF F.KTMEhT 3 ^� 1 20 WASHINGTON STREET, 3RD FLOOR a SALEM, MA 01970 r TEL. (978) 745-9595 EX7. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR- PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR FACSIMRZ TRANSMITTAL SHEET TO: KEVIN f 4 pey V e-tA FROM `O M S• COMPANY: DATE FAX NUMBER IO - .-1 7--7'q q 17 TOTAL NUMBER OF PAGES 8 PHONE NuMBER (o l?^"127 N 59'7 T-0 RE: TNor�� Dr KE S� SUBJECT: WC tfi �P+1n . TiZV S T COMMENTS: APPLICATION KI ADULT NUMBER Trial Court of Massachusetts 4 `\ FOR COMPLAINT ❑ JUVENILE District Court. DepartmentQ� ❑ ARREST. 1 HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the ofiense(s) listed below. , DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE NAME OF COMPLAINANT ff NO. OFFENSE G.L. Ch. and Sec ADDRESS AND Z�IP CODE OF COMPLAINANT 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT // 3. 4. COURT USE A hearing upon this complaint application D STEOFHEARING TIMEOFHEARING COURT USE ONLY—JI, will be held at the above court address on ;1 AT ,� f--ONLY CASE PARTICULARS— BE-SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBS'T*CE OR WEAPON person assaulted,etc. destroyed,etc. $25D M;idjuana,gun, etc. 2 c 3 lit W 4 y W OTHER REMARKS: !' ��'r(�C��„� �5S PrCv'^hs �- �oP_n ho!• �f� /�Ci�� li SIGNATOR OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE FBIRT PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR o L OCOUPATI1,A EMPLOYER/SCHOOL MOTH ER'S NAME(MAIDEN) FATHERS NAME f, s h 0 b flC-Cq9 I31RR1 .�aite a4m, /ffawaa/+welta 01.970 9Wq/i1,ons (978) 745-7575aumile (9978) 745-9375 February 12, 2003 John Keenan, Esq: City Solicitor City of Salem 93 Washington Street Salem, MA 01970 In re: 18 Thorndike Street, Salem Dear Solicitor Keenan: When we last met at Thorndike Street, I understood that the City's Building Inspector would proceed to the District Court and "continue"the City's application for a criminal complaint. I have not as yet received or been notified of that continuance date. If you are to go forward please advise of the date,however, I again suggest to you that if we are not in agreement as to the use of this site, I will proceed in the Superior Court seeking a declaratory judgment. Thank you for your attention and courtesy in this regard. ly yours, Robert A. Munroe RAM: kab cc: Client (c/o Bill McHugh) 'SJ ONIR i20 C :F.F°C:P_i:L'.Cr?- 1261 tasting stn;ct�re[: OCCJFANC' 126.5.1 Fosted use and occupancy: A suitably 120.1 General: New buildings and structures:A designed placard approved by the building official building or structure hereafter shall not be used or shall be posted by the owner on all Boors of every occupied in whole or in part until the certificate of building and structure and part thereof designed use and occupancy shall have been issued by the for high hazard, storage, mercantile, factory and building commissioner or inspector of buildings or, industrial or business use(use groups FI. S,K F when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard shall not be issued until all the work has been shall be securely &noted to the building or completed in accordance with the provisions of the structure in a readily visible place, stating: the approved permits and of the applicable codes for use group,the Bre grading, the five load and the which a permit is required, except as provided in occupancy load 780 CMR 120.3. 120.5.2 Posted occupancy load: A suitably 120.2 Buildings or structures hereafter altered: designed placard approved by the building official A building or structure,in whole or in part,altered shell be posted by the owner in every room where to change from one use group to another, to a practicable of every building and sttucti a and different use within the same use group•, the fire pan thereof designed for use as a place of public grading; the maximum live load capacity; the assembly or as an institutional building for occupancy load capacity shall not be occupied or hadicitui8 ale for pce°l; correctional, used until the certificate shall have been issued ed'tcabOiHl,medrd of other care or treatment,or cwtifying that the work has been completed in as residential buildings used for holds, lodging accordance with the provisions of the approved houses, boarding houses; dormitory bn0dmgs, permits and of the applicable codes for which a multiple family dwellings (use groups A. I, R-1 permit is required. Any use or occupancy, which and R-2). Said placard shall designate .the discontinued not discomred during the work of alteration, minimum occupancy load' shall be i iscomimted within 30 days after the 120.5.3 Rephicement of posted signs: All completion of the alteration unless the required posting signs shall be 5nnished by tate owner and certificate is issued, shall be of permacetit design; they shall not be removed or debited, and if lost, removed or (� 1203 Temporary occupancy:Upon the request of defaced,shall be immediately replaced the holder of a permit, a temporary certificate of occupancy may be issued before the completion of 1205.4 Periodic inspection for posting: The the entire work covered by the per,provided that building official may periodically inspect all. such portion or portions shall be occupied safety existing buildings and structures accept one and prior to Bull completion of the building or sdvcnoe two family dwellings. for compliance with within endangering life or public welfitte. Any 780 CMR in respect to posting;or he may accept occupancy permitted to continue during the work the report of such inspections fiom a qualified shall be discontinued within 30 days after registered engineer or ardritect or others certified completion of the work unless a certificate of by the BBRS; and such inspections and reports occupancy is issued by the building official. shall spay any violation of the requirements of 780 CMR in respect to the poatimg of floor load, 120A Contents of certificate:When a bar kbW or fire grading occupancy load and use group of the structure is entitled thereto, the building official building or stricture. shall isms a certificate of ocaponcy within ten days CMR�� UNSAFE , after written application. Upon completion of the 780 SMUMURES final inspection in accordance with 780 Chat 115.5 121.1 General: The provisions of 780 CMR 121.0 and correction of the violations and discrepancies, are established by MG3..c. 143, §§6, 7,8,9 and and comupbance with 780 CMR 903.4,the certificate 10. of occupancy shag be issued. The certificate of occupancy shall specify the following. 1212 lmpectiom: The building official 1. The edition of the code under which the immediately upon being informed by report or permit was issued. otherwise that a building or other structure a or 2. The um group and occupancy,in accordance anything attached thereto or connected therewith is with the provisions of 780 CMR 3: dangerous to life or limb or than any bulking in that 3. The type of construction as defined in city or town is unused, uninhabited or abandoned, 780 CMR 6. and open to the weather,shall inspect the same;and 4. The occupam load per boor. he stall forthwith in writing notify the owner to 5. Arry special stipulations and conditions of the remove it or stake it safe if it appearsto him to be building permit. dangerous, or to make it segue if it is uiaused, uninhabited or abandoned and open to the weather. 217/97 (Effective 2/28/97) 780 CMR-Sixth Edition 27 az-'ear S t1-id 5LC`:-4,ii4,A�C'S:i c._ic r£ --,.;'..:C�.. .ter:af'v'cwEE?: �� .:.5..c U. ._lug c..cLn 1J EcDECi Zlv1I5nIe in Cac_E 0i.iIIE,li Sher1i D` CEEIDEd CcSE CI such CEmOl0Dn, c�iC nL1101nc 0iClc t dangerous within the meaning hereof, and the shall cause such lot to be leveled to conform with building official may affix in a conspicuous place adjacent grades by a inorganic fill. The costs and . upon its exterior walls a notice of its dangerous charges incurred shall constitute a lien upon the land condition, which shall not be removed or defaced upon which the structure is located, and shall be without authority from him. enforced in an action of contract; and such owner shall,for every day's continuance of such refusal or 1213 Removal or making structure safe: Any neglect after being so notified,be punished by a fine person so notified shall be allowed until 12:00 noon in accordance with 780 CMR 118.4. The provisions of the day following the service of the notice in of M.G.I.c. 139, §3A,paragraph two,relative to which to begin to remove such building or structure liens for such debt and the collection of claims for or make it safe, or to make it secure,and he shall such debt shall apply to any debt referred to in this employ sufficient labor speedily to make it safe or section,except that the said building official shall act remove it.or to make it secure; but if the public hereunder in place of the mayor or board of safety so requires and if the mayor or selecurim so selectmen. During the time such order is in effect,it order,the building official may irnmediat ly enter shall be unlawful to use or occupy such structure or upon the premises with the necessary workmen and any portion thereof for any ptapose. assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence 121.6 Remedy of person ordered to remove a put up for the protection of passersby,or to be made dangerous structure or make it safe: secure. Notwithstanding the provisions of 780 CMR 122,an owner,aggrieved by such order may have the remedy 121A Failure to remove or make struchuc safe, prescribed by M G.L.c. 139,§2:provided that any survey board,survey report If an owner of such provision of M.G.L. c. 139, § 2 shall not be unsafe structure refuses or neglects to comply with construed so as to hinder, delay or prevent the the requirements of such notice within the specified building official from acting and proceeding under time limit, and such structure is not made safe or 780 CMR 121; and provided, further, that this taken down as ordered therein,a careful survey of section shall not prevent the city or town from r� the premises shall be made by aboard consisting,in recovering the forfeiture provided in said 780 CMR a city, of a city engineer, the head of the fire 1215 from the date of the service of the original department, as such term is defined in M.G3_ notice,unless the order is annulled by the jury. c. 148, § 1, and one disinterested person to be appointed by the building official;and,in a town of 780 CMR 121.7 Standards for making buildings a surveyor,the bead of the fire department and one safe or secure: Any owner of a building who has disinterested person to be appointed by the building been notified that said building shall be made safe or official. In the absence of any of the above officers secure under 780 CMR 121.2, or any building or individuals, the mayor or selectmen shall official acting undertheauthority of780CMR 1213 designate one or more officers or other suitable or 1215 upon refusal or neglect of said owner to persons in place of the officers so named as comply with such notice,sball: members of said board. A written report of such 1. Remove all hazardous materials,as defined in survey shall be made,and a copy thereof served on M.G.I.c.2115,11,from the building until such such Owner. time as the building is secured or reoocupied unless storage is lawfully permitted and the 1215 Removal of dangerous or abandoned building is equipped with an automatic sprinkler structures: If such survey report as outlined in system which is maintained and folly functional. 780 CMR 121.4 declares such structure to be 2. Remove all combustible materials unless the dangerous or to be unused, uninhabited or building is equipped with an automatic sprinkler abandoned, and open to the weather, and if the system which is maintained and fully functional. . owner continues such refusal orneglect,the building Combustible materials shall include any fixture official shall cause it to be made safe or taken down not permanently attached. or to be made secure; and, if the public safety so 3. Remove all materials determined by the head requires,said building official may at once enter the of the fire department or local building inspector structure,the land on which it stands or the abutting to be hazardous incase of fire. land or buildings, with such assistance as he may 4. Secure all floors accessible from grade require, and secure the same; and may remove and utilizing one of the following methods so long as evict, under the pertinent provisions of M.G.L. such method is approved by the head of the fire c.239,or otherwise,any tenant or occupant thereof; department and local building inspector in and may erect such protection for the public by writing: proper fence or otherwise as may be necessary,and EMERGENCY 28 (Effective 12/12100) 1/5/01 August 26, 2002 VIA CERTIFIED MAIL AND FACSIMILE Mr. Frank DiPaolo Building Inspector, City of Salem 120 Washington Street, 3`d Floor Salem,MA 01970 RE: IS Thorndike Street Dear Mr. DiPaolo: Pursuant to your letter dated August 6, 2002, I have attempted to contact you by telephone to discuss the above captioned property. In Addition, on August 21, and August 26 I left my mobile number on your voice mail which I monitor 24/7 for other business. I will continue to call your office in an effort to make contact with you. However, do not hesitate to call me any time your schedule permits at 201-240-0102. I look forward to speaking with you in the near future. Sincere l� Bill McHugh Welch Family Trust Cc. James Peterson, Esq. ¢o CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT c 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 . FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR COPY August 6, 2002 Welch Family Trust ATTN: Harold Scully P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thorndike Street Dear Mr. Scully: After numerous calls from'neighbors I did an inspection of 18 Thomdike Street. My records show a letter I wrote you on September 14, 2001, which I got no response to. 780 CMR, 103 General Maintenance—All buildings and structures and all parts thereof shall be maintained in.a safe, operable and sanitary condition. Your property does not comply with this status. Storage of snowmobile trailers is prohibited on this property. The snowmobiles are not an accessory to construction storage, Section 24-21 of the Salem General Ordinance. If you feel aggrieved by these orders, you may appeal to the Board of Building Regulations and Standards, and or the Salem City Council. You will have 15 days to respond to these orders. I can be reached at 978-745-9595 x 386. If I do not hear from you within 15 days, this complaint will be taken up at Salem District Court. Thank you for your anticipated cooperation in this matter. Sincerely Frank DiPaolo Local Building Inspector —�_ Citp of *aiem, fftzotbuott! Public Propertp Mepartment jbuilbing Mepartment One 9palem Oreen (978) 745-9595 Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer COPY September 14, 2001 Welch Family Trust ATTN: Harold Scurry P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thorndike Street Dear Mr. Scully: After hearing constant complaint about your property at 18 Thorndike Street our department did an inspection. The City of Salem has passed a new ordinance that states "clean it of lein it." You will have 16 days to clean your property or we will clean it and attach a lein on your property for the paid amount. If you have any questions pertaining to this I can be reached at 978-745-9595 x 386. Thank you for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector Cite of i§al m, fftmwbuatw Public jropertp Mepartment �q Wuilbing Mepartment (One Salem&reen (978) 745-9595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 2, 2000 Welch Family Trust ATT: Harold Scully P.O. Box 58 Marblehead,Ma. 01945 RE: 18 Thorndike Street Dear Mr. Scully: This department is receiving complaints regarding the above mentioned property. This property is located in a residential area,R-2. The storage of cement pipe and other construction materials is not an allowed use . Salem Zoning Section 5-2. Also there is a derelict vehicle on the property. This violates Chapter 24, Section 21, City of Salem Ordinance. Please have these items removed from the property within thirty (30) days. Failure to do so will result in legal action being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, 1✓"`�-'t� ,�-✓ala -'�'4,� Thomas St. Pierre Local Building Inspector cc: Mayor Usovicz Pat Carney Councillor Flynn Welch Family Trust ATTN: Bill McHugh P.O. Box 58 Marblehead, Ma. 01945 Dear Mr.McHugh: Per our conversation on August 30, 2002. 18 Thorndike Street Salem,is located in a R-2 residential two family district, Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion, leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use, As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector D1PaQlo regarding the condition of the building located on this lot. You are directed to contact Mr.DiPaolo to arrange an inspection of the building(Mass Bid Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, 4 Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert 910# DN 1'IIISHH 0 INES 'SDd 00.00 1 3OVS11 ZO:6T 90/60 RN11 'is QI NOIIOHNNOD £Z7796LSL6T6 131 NOIIDHNNOD OZSO ON XH/X1 I Q3I9URT'OD ION SVA NOIIDMIJ XI 'X•frm IHOdHH XI HOHH3 OTRCir 10)9 VVJ 7n RT n7T.T. 7n/en/Rn CITY OF SAL.EM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01 970 TEL. (978)745.9595 EXT. 380 FAX (978) 740-9846 STANLEY J. UISOVICZ, JR. MAYOR September 3, 2002 Welch Family Trust ATTN: Bill McHugh P.O.Box 58 Marblehead, Ma. 01945 Dear Mr. McHugh: Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2 residential two family district. Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion, leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use, As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector DiPaolo regarding the condition of the building located on this lot. You are directed to contact Mr. DiPaolo to arrange an inspection of the building (Mass Bld Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert f � 7. •�4arma� CITY OF SAALEMD DEPARTMENT OF HEALTH ( ' 9 North Street H013 RN Salem,Massachusetts 01970 HEALTH AGENT 508-741-1800 S,,ptember 2, 1993 p4ark and Fay Smith 16 Thorndike Street Salem,MA 01970 r:),.Mark and Fay Smith: er❑:Minimum Standards of Fitness for Human Habitation.an inspection was In accordance with Chapter 111,Sections 127A and 1278 of the Massachusetts General laws,105 CMR 400.W:State Sanitary Code,Chapter l:Genera 'State wy nudeof your Procedures at 16 d 105 Thoredike Streit Salem,Massachusetts by Virginia Monslakfs,Sa itarian of the Salem Health Dep made of your Property August 27,1993. 'Ihe following violations of the State Sanitary Code were noted,as checked off: _ CMR 410:600 Storage of Rubbish and Garbage _ CMR 410:601 Collection of Garbage and Rubbish CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) _ Reg.ri7 s.3.10 Board of Health Regulation AINTS RECEIVED RELATIVE TO TRASH Description of Violations: COMPLNOT BEING PLACED OUT FOR WEEKLY MUNICIPAL COLLECTION. ON SITE INSPECTION NOTED BAGS OUT AT SIDEWALK CONTAINING GARBAGE,WOOD PIECES OF PIPING, CEMENT PIECES,WALL BOARD,SHEETROCK,ETC. ER TO REMOVE AND CLEAN A CONTACT BUILDING INSPECTOR AND PLUMBING MAINTAIN AREA IN A CLEAN, SAFE AND SANITARY MANNER• OWNINSPECTOR TO ASCERTAIN IF PERMITS ARE IN ORDER FOR THIS RENOVATION WORK. 410.600: Scor f R�bb'sh od GarbaQ (p) Garbage or mixed garbage and mbbish shall bz stored in watertight receptacles with tight-fitting cavus.Said receptacles and covers shall z of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) th fight-fiting Plastic bags shall be used to store garbage oort mixed that thbe phasuc garbage only P t used t as aclolleamn.except lin those p aces t here such P covers its required in 105 CMR 410.600(A)pr artment of public Health determines that such practice practice is prohibited by local rule a ordinance,or except in those cases where the Dep constitutes a health problem For purposes of the preceding sentence,in making its determination,the Department shall consider.among other the owner of anv rooming house.and the occupant of any other other evidence of strewn garbage,torn garbage bags.or ore dwelling i rodents. (C) The owner of any dwelling that contains three or more dwelling units, dwelling place shall be responsible for providing as many receptacles for the storage of garbage and o the Le as are sufficient ti contain z accumulation before final collection or ultimate,disposal.and shall so locate them to be co for the to e r lace that no her or is garb odors enter any dwelling. proper p (D) The occupants of each dwelling,dwelling unit.and rooming unit shall be responsible for the ro r placement of her or his garbage an rubbish in the receptacles required in 105 CMR 410.60Q'C)or at the point of collection by the owner. 410.601: Colk 11011 min,three Of Garbaze and Rubbish owner 0 -lbe owner of place hall be respan. ble�or the final colelzc6on orrultd�imatle disposal oing unit,, r incineration n off any rg base and nibb and h bythe ntans o!f an}cher dwelling (A) The regular municipal collection system;of (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds earbaee into the kitchen sink drain finely enough to costae its free passaer,and is Otherwise maintained so as not to create a safety or health hazard:or (D) When otherwise lawful,a garbage or mbbish incinerator located within the dwelling which is properly installed and which is nramt:uned so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see 105 CMR 410.840) SALEM HEALTHL:FF'aRTMENT 9 North Street Salem, MA 01970 4r+n 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Land:.The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Thee Dwelling: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways.or landing are not used by another occupant. (D) Common Areas: In any dwelling.the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or cusses of sickness that pan of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (i)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or muse of sickness that pan of the passageway or right-of-way which abuts her m his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Regulation#7 Section 3 10of Health Regular on#7 Section 3 10: Containers or Bundles of Household and Ordinary Commercial Waste.Garden and Lawn Wasw These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied.No commercial establishment shall place a cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon soy sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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 gi ven 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. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. If you have any questions,kindly contact this office at(508)741-1800. For the BoardofHealth Reply to: Robert E.Blenkhom,C.H.O. Virginia E.Moustakis Health Agent Sanitarian Certified Mail P 348 636 028 cc; Building and Plumbing Inspectors CITY OF SALEM HEALTH DEPARTMENT F BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN August 26, 1987 9 NORTH STREET HEALTH AGENT (617) 741-1800 Welch Construction Company, Inc. 15 Front St. Salem, Ma 01970 Gentlemen: Based on complaints received relative to your property on 16-18 Thorndike extending to Ames Street in Salem, on site inspections were conducted by this department on April 29, 1987. A reinspection conducted today, August 26, 1987 noted that no corrective action has been taken by you and these long-standing on-going serious fire, health and safety violations still exist. Please be advised that a complaint has been sought against you in Salem District Court. FOR THE BOARD OF HEALTH ROBEW E. BLENKHORN, C.H.O. Health Agent REB/g Certified Mail 11 E-6 7 CC! Police Dept. City Councillor Fire Dept. Mayor' s Office Building Inspector cow e�A\ a A J ���WfNE CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 April 29, 1987 Welch Construction Company, Inc. Re: 16-18 Thorndike Street 15 Front Street Salem, MA 01970 Dear Sir: This open, unfenced and unprotected parcel of land contains overgrowth of weeds and bushes, discarded auto parts, piles of branch. cuttings, of metal and of wood, discarded trailers with broken windows, miscellaneous rubbish and wind blown debris. In addition these conditions are creating serious potential health, fire and safety hazards for the surrounding area in a congested neighborhood (this parcel affects two streets) especially to children, as well as providing harborage for rodents and insects and other animals . This lot must be cleaned out and maintained in a manner not dangerous to the neighborhood, general public or passersby. Kindly notify this department in writing of your intention to take immediate corrective action to correct these violations and junk yard conditions and your program for on-going maintenance and securring of same. FOR THE BOARD OF HEALTH RO)dERT E. BLENKHORN, C.H.O. HEALTH AGENT REB/m (tCitp of Salem ' ftlamwbuott.5 Vublic 3propertp Mepartment 38uilbing nepartment (One 6alem Oreen (978)745.9595 Cxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building August 12, 1998 Zoning Enforcement Officer Welch Family Trust Harold Scully P.O. Box 58 Marblehead, Mass. 01945 RE: 18 Thorndike Street C-23-98 Dear Mr. Scully: Due to a complaint received by the Neighborhood Improvement Task Force, I conducted an inspection of your property and found the following violation: 1. Lot overgrown and unsafe structure on property. Please notify this department within fifteen (15) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Kevin G. Goggin Inspector of Buildings KGG: scm cc: Pat Carney Fire Prevention Councillor Flynn, Ward 2 08/24/03 TUE 14:39 FAX 9787400072 JOHN D KEENAN 2001/007 City of Salem Office of the City Solicitor 93 Washington Street Salem, Massachusetts 01970 Tel: 978.741.4453 Fax: 978.740.0072 Via Fax & First Class Mail: 978.7459315 June 24, 2003 Robert A. Monroc, F.sq. 81 Washington Street, Suite 4 Salem, Massachusetts 01970 RE: Hubon/'Thorndike Street Welch Property Dear Bob: I am following up on the discussion we had about this parcel sonic time back. T apologize for the delay, but my senedule has been hectic. Nonetheless, we need to trove forward on the issues at the site. Assistant Bui Iding inspector Frank DiPaolo did send another notice to the owner of Tile property after our last site visit (March 20, 2003). Putting the zoning/use issues aside for a moment, these stuctural/safety items need to be addressed irrunediately. There has been no response from your client to date. Mr. DiPaolo's letter went out three months ago. The City Council held a committee hearing on this matter a couple of weeks ago and the council supported the attached order. Obviously, the neighborhood is getting frustrated with the lack of action taken by the city. One neighbor has also provided photographs of a logging buck dropping off the tree trunks that were then cut tip on site. You ntay recal I that the owner denied this. The photographs are very clear. It docs not appear that a neighbor dumped the stumps there. It remains my opinion that this use as a multi-contractor yard is beyond the grandfathered use of Welch Construction if indeed that use itself has not been abandoned. For these reasons, I am requesting that items l-5 be remedied immediately, Item 6 itself should raise sonic liability issues for the owner, but 1 am not aware it is necessarily a code violation. If the safety concerns of the building are not addressed by Friday,A ine 27, 2003 at noon, I am going to request that the building inspector convene a survey team for said purpose. If tine owner still refuses to secure or make the building safe, the building inspector will undertakc same and accordingly put alien on the prupetty. As for the use, please direct your client.to cease and desist from subleasing the premises to multi-contractors as it is not an allowed use. in at, R-2 (two-farnily) residential district 06/24/03 TOE 14:39 FAX 9787400072 JOHN D KEENAN IM002/007 Thank you for your attention to this matter. Very best regards, vV Jolu D. Keenan, Soli for ENC1 cc. Thomas St. Pierre, Bldg, Lisp. Regina Flynn, Ward Two Councilor Kevin Harvey, Councilor at Large 00/24/00 TUE 14:09 FAX 9787400072 JOHN D HEENAN 191000/007 N,A"Or March 21, 2003 Welch Family Trust A7TN: Brian McHugh P.O. Box 58 Marblehead, Ma. 01945 RE: IS 1'homdike Street Dear Mr. McHugh: An inspection was done on the property located at 18'1'homdike Street on March 20, 2003, The following issues were presented to both sides at the inspection. 1, 780 CMR, Section 103.1 Roof has rotten boards and punkt'rafters. Faccisa boards need repair. I have identified the garage as an unsafe structure. 780 CMR, Section 101.2 See attached code 780 CMR section 121.3 See attached code 2. Unregistered vehicles 24-21 Salcm Zoning Ordinance 3. Piles of brush in the property constitute a fire hazard. 4.Empty oil and fuel tanks outside the garage, this is a fmcode. 5. Extension cords from Bridge Street house to trailei:S and looks like it is plugged in diesel vehicles. These cords do not have G.I.P. connections and are not procted from physical ahusc. 06/24/03 TUE 14:40 FAX. 9787400072 JOHN D KEENAN 2004/007 he. IenCc iS I101 CQnl 111LIOW: .;I'l In fl 1110 pl'GpC I'tf. lal,ldre 11 C.71 S1 walk :iil'OLI�'.Il :I11. property where eAtunsion cords. piles of brUS1I. unsafe SIRICIUre..s. uSCd oil or 42 fust bClll'CIS are outsiciC. These Issues put a lot of liability on the owner and aS an 111spector; I would ask that to protect the public from havin- a CominUOUS fence Should be in place. Thank you for your anticipated cooperation in thig mattef, Sincerely, Frank DiPaolo Local Building Inspector cc: Mayor Usovicz John Keenan Councillor Flynn 06/24/03 TCiE 14:40 FAX 9787400072 JOHN D KEENAN Z005/007 hew bllk,'4_., x structure;:A. designed Discard aooroved'oy the building o£ici building or srrucnire hereeftc snap no, oc used o.- shall be posted by the owner on all Boors of even occupied in whole or u; pe,n unit: the certificate of building and stmcrure and pan thereof ciesigneo use and occup my shall have been issued by the for high hazard, storage, mercantile, factory and building commissioner or inspector of buildings or, industrial or business use(use groups 1i, S,M, F when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard shall not be issued until all the work has been shall be securely fastened to the building or completed in accordance with the provisions of the structure in a readily visible place, stating the approved permits and of the applicable codes for use group,the fire grading, the live load and the which a permit is required, except as provided in occupancy load, 780 CMR 120.3. 120.5.2 Posted occupancy load_ A suitably 120.2 Buildings or structures hereafter altered: deigned placard approved by the burl_ding official A building or sovahne,in whole or in part,shoed shall be posted by the owner in every room where to change from one use group to another, to a ptactteable, of every bufiding and sbuctim and diffemst use within the same Use group; the fire part thereof designed for use as a place of public grading; the mtuximain live bad capacity;' the assernbly or as an msdipttional buBdmE for aeuptmcy load capacity shall not be occupied or harboring people for penal, cortectional, used unb7 the certificate shag have been issued educational,medial or Wier care or treatment,or certifying that the work bas been complied in as residential but7di used for holds lodging accordance with the provisions of theroved houses, boarding houses; dormitory bwldmgs, familypertains and of the applicable codes for which a multipledwel)itugs (use! A. 1 permit is required. Any use or occrrpawy,which and R-2). Said placard shall 'designate the was not diseemimted during the work of aheration, ntsoOIIaim occupancy bad. shall be disconbuiled within 30 days after dee 1205..3 Itep[aeemat or pasted a4w- All complexion of the alteration unless the required posting signs shall be fitaeshed by the owner and + certificate is issued shall be of permanent dcmgn; they shall not be removed or ddaeed, and if lost, removed or 120.3 Temporary oceupaucy:Upon the request of defined,shall be imvoediate]y replace& the holder of a permit, a temporary certificate of occupancy may be issued before the completion of 120.5.4 PerMie inspection for posting. The the entire work covered by the pelt.provided that building mal may periodically ;neper all. such portion. or portioa5 shall be occupied safely anUM bt>adings and atrucntrea accept one and prior to fir➢completion of the budding or afrucane two fly dweilmgs fix ramp6ance with without endangering life or public welfare. Any 780 CMR in reapect to posting;or be may seegn occupevxy permitted to eoabrme during the work the report of soh inspections $ona a qual'dted Ad be discottmmted within 30 days after rimed engineer or architect or others testified oounpletioo of the work tmkas a certidunte of by the TIMS; and such inspections and reports occupwxy is issued by the budding official shell specify my violation of the requirements of 780 CUR in respect to the posting of floor load, 120A Contawts of eertiileate:when a brdlding or hre gra4ft owner'load and use group of the sbacWM is emkied thereto, the building official building or structure. shall issue a certidreare of ocapostcy wh&ton days 780®1Q1121A UNSAFE STRUCTURES after written application. Upon comploo m of the final inspection in accordance with 780 CMR 115.5 121.1 Ceoeral: The provisions of 780 CMR 121.0 and correction of the violatioee and discrepancies, are established by MGI^F 143, §§6, 7,8, 9 and and corrtpliam a with 780 CMR 903.4,the certificate 10. of occupancy shall be issued The cati6ciste of occupancy shall specify the following. 1211 Inspection: The building official I. The edition of the code under which the immediately upon boiog informed by report or permit was issued. otherwise that a btuldhtg or other sowturs or 2. The use group and occupancy,in accordance anything attached thereto or connected thanwith is with the provisions of 780 CMR 3: dattgerws to life or limb or that any building in that The type of construction as defined in city or town is unused, uninhabited or abandoned, 780 CMR 6, and open to the weather,shall inspect the same;and . The occupar t loati per floor, he shall forthwith in morin ng notify we ownea to 5. Any special stipulations and conditions of the remove it or make it safe if it appears to him to be bun7ding perirdt dangerous or to make W secure if it it unused, uninhabited or abandoned and open to rhe weather 17/97 (Effective 2/28!97) 780 CMR-Sixth Edition Z 06/24/03 TOTE 14:40 FAX 9787400072 JOHN D KEENAN Q006/007 GaIlPerout within the mCanm€ ncree:, ane L= shall cans-- such Int IC.' be 1CYCItc, rC Conor[*' w:tr n-Lilding official may a f— in a conspicuous place aplacent graces D� inorganic 5i:. Tae costo apez its exterior walls G notice of iu dangeroas --huge=_incurred shall constituie a lieu upon the ianc condition, which shall not be rcmevcd or defaced upon which the structure is located, and shall be without authority from him. enforced in an action of contract; and such owner shall, for every day's continuance of such refusal or 121.3 Removal or making structure safe: Any neglect after being so notified,be punished by a fine person so notified shall be allowed until 12:00 noon in accordance with 780 CMR 118.4. The provisions of the day following the somicc of the notice in of M.GL c. 139,§3A,paragraph two,relative to which to begin to remove such building or structure linos for such debt and the collection of claims for or make it safe, or to make it secure, and he shall such debt shall apply to any debt refcred to in this employ sufficient labor speedily to make it safe or section,except tbatthc saidbuiRlingofficial shall act remove it.or to make it secure;e; but if the public hereunder in place of the mayor or board of safety so requires and if the mayor or selecaneo so selectmen. During the time such order is in effect,it order, the building official may immediately enter shall be unlawful to use or occupy sueb stntcttre or upon the premises with the neeeasaty workmco and any portion thereof for any purpose. assistants and cause such unsafe structure to be mads safe or demolished without delay and a proper fen= 121.0' Remedy of person ordered to remove a put up for the protection of passersby,or to be made dangerous structure or make It safe: secure. Notwithstanding the provisions of 780 CMR 122,an owner,aggrieved by such ordarmay have the remedy 121A Far7are to remove or make structure safe, prescribed by M.GL C.139,§2:provided that any survey board,survey report If an os7w of such provision of M.GL c. 139, § 2 shall not be unsafe structure refuses or neglects to comply with construed so as to hinder, delay or prevent the the raptireaupts of such notice within the specified building official from acting and proeeedial;under time limit, and such structure is not made safe or 780 CMR 121; and provided, further, that this taken down as ordered therein. a careful survey of section shay not prevent rhe city or town from the prernises shall be made by a board consisting,in recovering the forfeiture provided in said 780 CMR a city, of a oily engineer, the bad of the fire 1215 from the dace of the service of the original department, as such term is defined in M.GL. notice,unless the other is annulled by the jury. c. 148, § 1, and one disinterested person to be appointed by the building official;and in a town of 780 CMR 12L7 Standards for mating buildings a sti veyor,the head of the fire department and one sale or secure: Any owner of a building who has disinterested person to be appointed by the building been notified that said building shaU be[Wade safe or official. In the absence of any of the shove officers; secure under 780 CMR 121.2, or any building or individuds, tie mayor or selectmen shag offmalactingtmderthcwborityof78OCNRI21.3 designate one a more officers or other suitable or 1215 upon refusal or neglect of said owner to persons in place of the officers so named as comply with such notice,sball: membets of said board. A written report of such 1. Remove all hazardous materials,as defined in survey shall be made,and a copy thereof served on M.GL e.21R,§ 1,from the building until such such owner. time as the building is secrmd or reoccupied unless storage is lawfully permitted and the 1215 Removal of dangerous or abandoned building is equipped with an automatic sprinkler struuctum: If such survey report as outlined is system which is maintained and fully functional. 780 CNM 121.4 declares such structure to be 2. Remove all combustible materials unless the dangerous or to be imased, uninhabited or building is equipped with an automatic sprinkler abandoned, and open to the weather, and if the system which is lua ritaincd and fully functional. owner continues such refusal or neglect,the building Combustible maah shall include any fixture official shall cause it to be made safe or taken down not permanently attached. or to be made secure; and, if the public safety so 3, Remove all materials M ermined by the head rcquires,said building official may at once enter the of the fire department or local building inspector structure,the land on which it stands or the abutting to be hazardous in case of fire. land or bufldings, with such assistance as be may 4. Secure all floors accemble from grade require,and secure the same;and may remove and utilizing one of the following methods so long as cvict, under the pertinent provisions of MG1. such method is approved by the head of the fur c.239,or otherwise,any tenant or occupant thereof; department and local building inspector in and may erect sucb protection for the public by writing: proper fence or otherwise as may be necessary,and EMERGENCY 29 (Effective 12112-0) 1/5!01 06/24/03 TUE 14:41 FAX 9787400072 JOHN D KEENAN U 007/007 ���cON'ntTgb' g CM OF SALEM IN CITY COUNCIL, June 12. 2003 The Commirtcc on Public Health, Safety and Environment to whom was rcfcrred Issues regarding the property located between Thorndike and Hubon Streets has cousidcrcd said matter and would recommend: that the City Solicitor immediately file in Superior Court for the determination of land use, for the property described as 18 Thorndike Street, And Be It Further Ordered that the Solicitor report back to the City Council relative to his actions at the next regularly scheduled meeting. In City Council June 12, 2003 Adopted Approved by the Mayor on June 16, 2003 ATTEST: A ffi R DEBORAH h' . BURKINSHAW CITY CLERK �7y � CAW 0/ 8f Va4MO&nAeet ," Aa1am, ,1ffaWa*"e& 0-1970 9deA4 ie (978) 7457575 AmLNeele (978J 745-9875 February 10, 2003 John Keenan, Esq. City Solicitor City of Salem 93 Washington Street Salem, MA 01970 In re: 18 Thorndike Street, Salem Dear Solicitor Keenan: I have consulted with my client relative to the issues identified by the City of Salem during our meeting at 18 Thorndike Street, Salem. First, the trailers contain electrical contractor's equipment and supplies. My client advises that they have been such trailers put to the same use, i.e., storage of supplies and equipment, for years and that this is nothing new. Second, there is no firewood business upon the property. The"firewood" is a tree that an V abutter cut down and dropped over the fence. My client has done nothing but cut that tree into Z, smaller pieces. Third,the building upon the property is being operated in a sanitary and safe manner. The building contains thousands of dollars of construction equipment that my client would not likely place at risk by placing it in an unsafe structure. If you or the City of Salem's inspector's wish to have access to the building, please advise and I will arrange for such access. Finally, my client denies that there had been any expansion of the site's admittedly grand- fathered use. The City's position that because someone other than Welch Construction or the owner of the property may be using the site as a contractors storage and staging yard constitutes and expansion of the grand-fathered use, is clearly wrong. I would be pleased to discuss this with you at anytime. If we do not reach agreement on the permitted use of this site, I am prepared to seek a Declaratory Judgment as to the use of the property. Thank you for your attention and courtesy in this regard. ery y yours, t� \ Robert A. Munroe RAM: kab cc: Client(c/o Bill McHugh) CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT - tp 120 WASHINGTON O ST g, 3RD FLOOR SALEM, TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR September 3, 2002 Welch Family Trust ATTN: Bill McHugh P.O. Box 58 Marblehead, Ma. 01945 Dear Mr. McHugh: Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2 residential two family district. Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion, leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use. As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector DiPaolo regarding the condition of the building located on this lot. You are directed to contact Mr. DiPaolo to arrange an inspection of the building (Mass Bld Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert 6. The fence is not continuous around the property. Children can walk through the property where extension cords, piles of brush, unsafe structures, used oil or#2 fuel barrels are outside. These issues put a lot of liability on the owner and as an Inspector; 1 would ask that to protect the public from having a continuous fence should be in place. Thank you for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector cc: Mayor Usovicz John Keenan Councillor Flynn 'Cola , CITY OF SALEM. MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 5 6 _ 120 WASHINGTON STREET, 3RD FLOOR '"' �Fo SALEM, MA 01 970 9�'oiMfN6W� TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR March 21, 2003 Welch Family Trust ATTN: Brian McHugh P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thorndike Street Dear Mr. McHugh: An inspection was done on the property located at 18 Thorndike Street on March 20, 2003. The following issues were presented to both sides at the inspection. 1. 780 CMR, Section 103.1 Roof has rotten boards and punky rafters. Faccisa boards need repair. I have identified the garage as an unsafe structure. 780 CMR, Section 101.2 See attached code 780 CMR section 121.3 See attached code 2. Unregistered vehicles 24-21 Salem Zoning Ordinance 3. Piles of brush in the property constitute a fire hazard. 4.Empty oil and fuel tanks outside the garage, this is a fire code. 5. Extension cords from Bridge Street house to trailers and looks like it is plugged in diesel vehicles. These cords do not have G.I.F. connections and are not procted from physical abuse. PRC-=EFR7Y DEPARTMEt17 a ° 120 WASHINGTON STREET, 3RD FLOOR c SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 cpp� FAX (978) 740.9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR FACSIMILE TRANSMITTAL SHEET TO: Key.,,,, PsRVE� FROM `�oM S• DATE COMPANY: O (o - Ll -d3 FAX NUMBER CO 1 - .-1 7--7-q q 1 -7 TOTAL NUMBER OF PAGES g � Ta PHONENUMBER IO l7^"12^7 `I S97 RE: SUBJECT: W E1—CAA P M , COMMENTS: 81' Iffladmo ( Axwt JM,& —I 74b6w Ja6m, ✓#aoaWW,%,- S 0-1.970 ('n/.yd~ (97,0) 745-7575 n 978) 745--981'5 February 12, 2003 John Keenan, Esq. City Solicitor City of Salem 93 Washington Street Salem, MA 01970 In re: 18 Thomdike Street, Salem Dear Solicitor Keenan: When we last met at Thorndike Street, I understood that the City's Building Inspector would proceed to the District Court and"continue"the City's application for a criminal complaint. I have not as yet received or been notified of that continuance date. If you are to go forward please advise of the date, however,I again suggest to you that if we are not in agreement as to the use of this site, I will proceed in the Superior Court seeking a declaratory judgment. Thank you for your attention and courtesy in this regard. ly yours, Robert A. Munroe RAM: kab cc: Client(c/o Bill McHugh) .�NiN1C I�F�q i'p L.y 7/64 CNLR 1266,CKR IT C-4TE CW 120.5 Fcstyw� struccuree. OCCUPAINOV 120.5.1 Posted use and occupancy: A suitably 120.1 General: New buildings and structures:A designed placard approved by the building official building or structure hereafter shall not be used or shall be posted by the owner on all floors of every occupied in whole or in part until the certificate of building and structure and part thereof designed use and occupancy shall have been issued by the for high hazard, storage, mercantile, factory and building commissioner or inspector of buildings or, industrial or business use(use groups K S,K F when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard shall not be issued until all the work has been shall be securely fastened to the building or completed in accordance with the provisions of the structure in a readily visible place, stating: the approved permits and of the applicable codes for use group,the fire grading,the live load and the which a permit is required, except as provided in occupancy load- 780 CMR 120.3. 120.5.2 Posted occupancy load: A suitably 120.2 Buildings or structures hereafter altered: designed placard approved by the bolding official A building or structu e,in whole or in part,altered shall be pow by the owner in every room where to change from one use group to another, to a practicable of every building and structure and different use within the same use group•, the fire put thereof designed for use as a place of public Wading; the maximum live load capacity; the assembly or as an institutional building for occupancy load capacity shall not be occupied or harbor people for penal, correctional, used until the certificate shall have been issued educati01al,medical or other care or treatment,or certi6ang that the work has been completed in as residential buildings used for hotels, lodging accordance with the provisions of the approved how ung housses, dormitory buildings, permits and of the applicable codes for which a multiple firmly dwellings (use groups A. I, R-I permit is required. Any use or occuparuy,which and R-2). Said placard shall designate the s was not discontinued during the work of alteration, mommm occupancy load. shall be discontinued within 30 days sfier 'the 120.5.3 Replacement of posted signs: All completion of the alteration unless the required posting signs shall be f indsbed by the owner and certificate is issued shall be of permanent design they shall not be removed or defaced, and if lost, removed or 1203 Temporary occupancy:Upon the request of defaced,shall be immediately replaced the holder of a permit, a temporary certificate of occupancy may be issued before the completion of 120.5.4 Periodic.inspection for posting The the entire wok covered by the permit,provided that balding official may periodically inspect all. such portion or portions shall be occupied safely a Osfi°8 buildings and structures except one and prior to full completion of the building or struch" two firmly dwellings for compliance with without endangering life or public wham Any 780 CMR in respect to posting or he may accept occupancy permitted to continue during the work the report of such inspections from a quaffed shall be discontinued within 30 days after registered engineer or architect or others certified completion of the work unless a certificate of by the BBRS; and such inspections and reports occupancy is issued by the building official. shall spay any violation of the requirements of 780 CMR in respect to the posting of floor load, 120.4 Contents of certificate:When a building or fire Bim&occupancy load and use group of the sbvcnrre is entitled thereto, the building official building or ettvotum she➢issue a artiSate of occupancy within ten days IZ10 17NSAFE STRUClURF.S' after written application. Upon completion of the final inspection in accordance with 780 CMR 115.5 121.1 General: The provisions of 780 CMR 121.0 and correction of the violations and i iscepancies, are established by UG.L.c. 143, §§6,7,8,9 and and compliance with 780 CMR 903.4,the certificate 10. of occupancy shall be issued. The certificate of occupancy shall specify the following. 121.2 Inspection: The building official 1. The edition of the code under which the immediately upon being informed by report or permit was issued. otherwise that a buibiing or other sdvchve or 2. The use group and occupancy,in accordance anything attached thereto or connected therewith is with the provisions of 780 CMR 3. dangerous to fife or limb or that any building in that 3. The type of construction as defined in city or town is unused, uninhabited or abandoned, ` 780 CMR 6. and open to the weather,shall inspect the same;and 4. The occupant load per floor. he shall forthwith in writing notify the owner to 5. Any special stipulations and conditions of the remove it or make it ser&if it appears to hum to be building permit, dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. 2/7/97 (Effective 2=97) 780 CUR-Sixth Edition 27 71 aoneus that such cuiidng or srruc<`ure would be far Cris pumosc maY close a public hig;:aay. ir,the especially unsafe in case of fire,it shali'oe deemed cue of such demolition, .he said building of:ciL,- dangerous within the meaning hereof, and the shall cause such lot to be leveled to conform with building official may affix in a conspicuous place adjacent grades by a inorganic fill. The cost and upon its exterior walls a notice of its dangerous charges incurred shall constitute a lien upon the land condition, which shall not be removed or defaced upon which the structure is located, and shall be without authority from him. enforced in an action of contract; and such owner shall,for every day's continuance of such refusal or 121.3 Removal or making structure safe: Any neglect after being so notified,be punished by a fine person so notified shall be allowed until 12:00 noon in accordance with 780 CMR 118.4. The provisions of the day following the service of the notice in of M.G.L.c. 139,§3A,paragraph two,relative to - which to begin to remove such building or structure liens for such debt and the collection of claims for or make it safe, or to make it secure,and he shall such debt shall apply to any debt referred to in this employ sufficient labor speedily to make it safe or section,except that the saidbuilding official shall act remove it.or to make it secure; but if the public hereunder in place of the mayor or board of safety so requites and if the mayor or selectmen so selectmen. During the time such order is in effect,it order,the building official may immediately enter shall be unlawful to use or occupy such structure or upon the premises with the necessary workmen and any portion thereof for any purpose. assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence 121.6 Remedy of person ordered to remove a put up for the protection of passersby,or to be made dangerous structure or make it safe: secure. Notwithstanding the provisions of 780 CMR 122,an owner,aggrieved by such order may have the remedy 121A Failure to remove or make structure safe, prescribed by M.G.L.c. 139,§2:provided that any survey board,survey report: If an owner of such provision of M.GL c. 139, § 2 shall not be unsafe structure refuses or neglects to comply with construed so as to hinder, delay.or prevent the the requirements of such notice within the specified building official from acting and proceeding under time limit, and such structure is not made safe or 780 CMR 121; and provided, further, that this taken down ss ordered therein,a careful survey of section shall not prevent the city or town from the premises shall be made by a board consisting;in recovering the forfeiture provided in said 780 CMR a city, of a city engineer, the bead of the fire 1215 from the date of the service of the original department as such term is defined in M.GL notice,unless the order is annulled by the jury. c. 148, § 1, and one disinterested person to be appointed by the building official;and,in a town of 780 CMR 121.7 Standards for making buildings a surveyor,the head of the fire deparanent and one safe or secure: Any owner of a building who has disinterested person to be appointed by the building been notified that saidbuilding shall be made safe or official. In the absence of any of the above officers segue ander 780 CMR 1212, or any building or individuals, the mayor or selectmen shall officWactmgundertheauthontyof780CMR121.3 designate one or more offrars or other suitable or 1215 upon refusal or neglect of said owner to persons in place of the officers so named as comply with such notice,shall: members of said board A written report of such 1. Remove all hazardous materials,as defined in survey shall be made,and a copy thereof saved on M.G.1..c.21&§ 1,from the building until such such owner. time as the building is seemed or reoccupied unless storage is lawfully permitted and the 1215 Removal of dangerous or abandoned building is equipped with an automatic sprinkler structures: If such survey report as outlined in system which is maintained and fully functional. 780 CMR 121.4 declares such structure to be 2. Remove all combustible materials unless the dangerous or to be unused, uninhabited or building is equipped with an automatic sprinkler abandoned, and open to the weather, and if the system which is maintained and fully functional. owner continues suchrefusalor neglect,the building Combustible materials shall include any fixture official shall cause it to be made safe or taken down not permanently attached. or to be made segue; and, if the public safety so 3. Remove all materials determined by the tread requires,said building official may at once enter the of the fire department or local building inspector structure,the land on which it stands or the abutting to be hazardous in case of fim land or buildings, with such assistance as he may 4. Secure all floors accessible from grade require,and secure the same;and may remove and utilizing one of the following methods so long as evict, under the pertinent provisions of M.GL such method is approved by the bead of the fire c.239,or otherwise,any tenant or occupant thereof; department and local building inspector in and may erect such protection for the public by writing: proper fence or otherwise as may be necessary,and EMERGENCY 28 (Effective 12112/00) 115101 August 26, 2002 VIA CERTIFIED MAIL AND FACSIMILE Mr. Frank DiPaolo Building Inspector, City of Salem 120 Washington Street, 3Ta Floor Salem, MA 01970 RE: 18 Thorndike Street Dear Mr. DiPaolo: Pursuant to your letter dated August 6, 2002, I have attempted to contact you by telephone to discuss the above captioned property. In Addition, on August 21, and August 26 I left my mobile number on your voice mail which I monitor 24/7 for other business. I will continue to call your office in an effort to make contact with you. However, do not hesitate to call me any time your schedule permits at 201-240-0102. I look forward to speaking with you in the near fixture. Sincere , Bill McHugh Welch Family Trust Cc. James Peterson, Esq. .¢o CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT P. 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 q�8ry� TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR �0Py August 6, 2002 Welch Family Trust ATTN: Harold Scully P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thorndike Street Dear Mr. Scully: After numerous calls from:neighbors I did an inspection of 18 Thorndike Street. My records show a letter I wrote you on September 14, 2001, which I got no response to. 780 CMR, 103 General Maintenance—All buildings and structures and all parts thereof shall be maintained in a safe, operable and sanitary condition. Your property does not comply with this status. Storage of snowmobile trailers is prohibited on this property. The snowmobiles are not an accessory to construction storage, Section 24-21of the Salem General Ordinance. If you feel aggrieved by these orders, you may appeal to the Board of Building Regulations and Standards, and or the Salem City Council. You will have 15 days to respond to these orders. I can be reached at 978-745-9595 x 386. If I do not hear from you within 15 days, this complaint will be taken up at Salem District Court. ; Thank you for your anticipated cooperation in this matter. Sincerely Frank DiPaolo Local Building Inspector Citp of *alem, Axg!wbuattz Public propertp Mepartment jguilbing Mepartment ®ne 6alem Oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Aqh G Py Zoning Enforcement Officer [WJ' September 14, 2001 Welch Family Trust ATTN: Harold Scurry P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thomdike Street Dear Mr. Scully: After hearing constant complaint about your property at 18 Thorndike Street our department did an inspection. The City of Salem has passed a new ordinance that states "clean it of lein it." You will have 16 days to clean your property or we will clean it and attach a lein on your property for the paid amount. If you have any questions pertaining to this I can be reached at 978-745-9595 x 386. Thank you for your anticipated cooperation in this matter. (�Sincerely, L / Frank DiPaolo Local Building Inspector Citp of '&arem, '41aggatbU!5ettg Public Propertp Department 3Builbing Mepartment One 9+atem green (978)745-9595(ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 2, 2000 Welch Family Trust ATT: Harold Scully P.O. Box 58 Marblehead, Ma. 01945 RE: 18 Thorndike Street Dear Mr. Scully: This department is receiving complaints regarding the above mentioned property. This property is located in a residential area, R-2. The storage of cement pipe and other construction materials is not an allowed use . Salem Zoning Section 5-2. Also there is a derelict vehicle on the property. This violates Chapter 24, Section 21, City of Salem Ordinance. Please have these items removed from the property within thirty (30) days. Failure to do so will result in legal action being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Q Thomas St. Pierre Local Building Inspector cc: Mayor Dsovicz Pat Carney Councillor Flynn Welch Family Trust ATTN: Bill McHugh P.O. Box 58 Marblehead, Ms. 01945 Dear Mr.McHugh: Per our conversation on August 30, 2002, 18 Thorndike Street Salem,is located in a R-2 residential two family district, Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion,leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use, As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector DiPaglo regarding the condition of the building located on this lot. You are directed to contact Mr.DiPaolo to arrange an inspection of the building (Mass Bid Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St, Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert RTO# ON Z'IOSaH 0 ZNHS 'SOd 00,00 s aovsa ZO:6T 90/60 aN'11 'Zs QI NOIZOaNN00 £ZZZ96L9L6T6 IRJI NOIZ09NNOD OZ90 ON XH/XZ aRlaidKOO SON SVM NOIZONII3 XZ ** ZHOdaH XZ HOM * * T00IM Sdan 9NISVHOHIld SI696DLSL6 XVd ZO:6T RHS ZO/90/60 SEP-05-02 06 :53 PM SALEM BUILDING DEP 197874098466 P. 01 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT • N 120 WASHINGTON STREET, 3RD FLOOR 1 (! SALEM, MAO 1 970 TEL. (978)745-9595 ExT. 380 FAX (978) 740-9646 STANLEY J. USOVICZ, JR. MAYOR September 3, 2002 Welch Family Trust AT1'N: Bill McHugh P.O. Box 58 Marblehead, Ms. 01945 Dear Mr. McHugh: Per our conversation on August 30, 2002, 18 Thorndike Street Salem, is located in a R-2 residential two family district. Any use inconsistent with this district must be a prior existing non-conforming use. There is an argument to be made that a grandfathered use exists with respect to the Welch Family Trust for a construction yard. However, no other uses are gratdfathered. In my opinion, leasing out areas of the lot for different uses is not allowed under existing zoning or any prior non-conforming use, As such, you are hereby directed to cease and desist such uses within 30 days upon receipt of this letter. Additionally, you were contacted by Inspector DiPaolo regarding the condition of the building located on this lot. You are directed to contact Mr.DiPaolo to arrange an inspection of the building (Mass Bld Code 780 CMR, Section 103) Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St, Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Harvey Councillor Flynn Assistant City Solicitor, Jim Gilbert L 'Co ��nrla{�S CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem,Massachusetts 01970 HEALTH AGENT 508-741-1800 September 2, 1993 Mark and Fay Smith 16 Thorndike Street Salem,MA 01970 Dear Mark and Fay Smith: In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws,105 CMR 400.00:State Sanitary Code,Chapter 1:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an inspection was made of your property ati016Thomllike Street''Salem,Massachusetts by Virginia Moustakis,Sanitarian of the Salem Health Department on August 27,1993. L---.—� The following violations of the Stale Sanitary Code were noted,as checked off: CMR 410:600 Storage of Rubbish and Garbage _ CMR 410:601 Collection of Garbage and Rubbish X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) Reg.R7 s.3.10 Board of Health Regulation Description of Violations: COMPLAINTS RECEIVED RELATIVE TO TRASH NOT BEING PLACED OUT FOR WEEKLY MUNICIPAL COLLECTION. ON SITE INSPECTION NOTED BAGS OUT AT SIDEWALK CONTAINING GARBAGE, WOOD PIECES OF PIPING, CEMENT PIECES, WALL BOARD,SHEETROCK,ETC. OWNER TO REMOVE AND CLEAN AND MAINTAIN AREA IN A CLEAN, SAFE AND SANITARY MANNER. CONTACT BUILDING INSPECTOR AND PLUMBING INSPECTOR TO ASCERTAIN IF PERMITS ARE IN ORDER FOR THIS RENOVATION WORK. 410.600: Storme of Rubbish and Garbagg (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fining covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fiting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such p practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,in making its determination,the Department shall consider,among other other evidence of strewn garbage,torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal.and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final colelection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough m ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safely or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see 105 CMR 410.840) , et=6 SALEM HEALTH L:FP�tRTMENT e �°A ; , 9 North Street °„fir. Salem, MA 01970 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her a his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or cusses of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by me occupant exclusively. (i)The owner of any dwelling abutting a private passageway a right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his properly and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Regulation#7 Section 3.10: Containers or Bundles of Household and Ordinary Commercial Waste.Garden and I-awn Waste: These shall be placed at the inner edge of the sidewalk appurtenant to the premises of the owner nor later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied.No commercial establishment shall place or cause to be placed more than four barrels a other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on you part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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 ei ven 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. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. H you have any questions,kindly contact this office at(508)741-1800. For the JBoard doof Health Reply to: �t>•Cl-ref �`���.'tn{'Llt^� Robert E.Blenkhom,C.H.O. Virginia E.Moustakis Health Agent Sanitarian Certified Mail P 348 636028 cc; Building and Plumbing Inspectors �.cn•wi� \s CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN August 26, 1987 9 NORTH STREET HEALTH AGENT (617) 711-1800 Welch Construction Company, Inc. 15 Front St. Salem, Ma 01970 Gentlemen: Based on complaints received relative to your property on 16-18 Thorndike extending to Ames Street in Salem, on site inspections` were conducted by this department on April 29, 1987. A reinspection conducted today, August 26, 1987 noted that no corrective action has been taken by you and these long-standing- on-going serious fire, health and safety violations still exist. Please be advised that a complaint has been sought against you in Salem District Court. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Health Agent REB/g 2 Certified Mail 11 cc: Police Dept. City Councillor , Fire Dept. Mayor's Office c� `—'>uilding Inspector ? w j�l .y' coxa el Y ; �rxWrxe a°"� CITY 01' SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 April 29, 1987 Welch Construction Company, Inc. Re S1 8'Thorndike_St et 15 Front Street Salem, MA 01970 Dear Sir: This open, unfenced and unprotected parcel of land contains overgrowth of weeds and bushes, discarded auto parts, piles of branch. cuttings, of metal and of wood, discarded trailers with broken windows, miscellaneous rubbish and wind blown debris. In addition these conditions are creating serious potential health, fire and safety hazards for the surrounding area in a congested neighborhood (this parcel affects two streets) especially to children, as well as providing harborage for rodents and insects and other animals. This lot must be cleaned out and maintained in a manner not dangerous to the neighborhood, general public or passersby. / Kindly notify this department in writing of your intention to take immediate corrective action to correct these violations and junk yard conditions and your program for on-going maintenance and securring of same. FOR THE BOARD OF HEALTH RERT E. BLENKHORN, C.H.O. HEALTH AGENT REB/m Cite of bale i, 41a!6!gACbuq;Ett!5 Vublic Propertp Mepartment Jguilbing Mepartment One fpalem green (978)745.9595 QZxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building August 12, 1998 Zoning Enforcement Officer Welch Family Trust Harold Scully P.O. Box 58 Marblehead, Mass. 01945 RE: 18 Thorndike Street C-23-98 Dear Mr. Scully: Due to a complaint received by the Neighborhood Improvement Task Force, I conducted an inspection of your property and found the following violation: 1. Lot overgrown and unsafe structure on property. Please notify this department within fifteen (15) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Kevin G. Goggin Inspector of Buildings KGG: scm cc: Pat Carney Fire Prevention Councillor Flynn, Ward 2 00/24/03 TUE 14:39 FAX 9787400072 JOHN D KEENAN R001/007 City of salent Office of the City Solicitor 93 Washington Strect Salem, Massachusetts 01970 Tel: 978.741.4453 Fax: 978.740.0072 Via Fax & First Class Mail: 978.745.9315 June 24, 2003 Robert A. Mom'oc, Esq. 81 Washington Street, Suite 4 Salem, Massachusetts 01970 RE: Hubon/Thorndike Street Welch Property Dear Bob: I am following up oil the discussion we had about this parcel sonic time back. T apologize for the delay, but my schedule has been hectic. Nonetheless, we need to move forward on the issues at the site. Assistant Bui[ding inspector Frank DiPaolo did send another notice to the owner of the Property after our last site visit (March 20, 2003). Putting the zoning/use issues aside for a moment, these sh-ucttu-al/safety items need to be addressed irnrnediately, There has been no response from your client to date. Mr. DiPaolo's letter went out three months ago. The City Council held a committee hearing on this matter a couple of weeks ago and the council supported the attached order. Obviously, the neighborhood is gelling frustrated with the lack of action taken by the city. One neighbor has also provided photographs of a logging truck dropping off the tree trunks that were then cut up on site. You may recall that the owner denied this. The photographs are very clear. it docs not appear that a neighbor dumped the stumps there. It remains my opinion that this use as a multi-contractor yard is beyond the grandfathered use of Welch Construction if indeed that use itself has not been abandoned. For these reasons, 1 am requesting that items 1-5 be remedied immediately. Item 6 itself should raise sonic liability issues for the owner, but T am not aware it is necessarily a code violation. If the safety concerns of the building are not addressed by Friday,June 27, 2003 at noon, I am going to request that the building inspector convene a survey team for said purpose. If the owner still refuses to secure or make the building safe, the building inspector will undertake same and accordingly put a lien on the property. As for the use, please direct your client to cease and desist front subleasing the premises to multi-contractors as it is not an allowed use in an R-2 (two-fancily) residential district. 06/24/03 TUE 14:39 FA-1 9787400072 JOHN D KEENAN Q002/007 Thank you for your attention to this matter. Very best regards, JoluD. Keenan, Soli 'tor ENCi cc. Thomas St. Pierrc, Bldg, Insp. ftcgina Flynn, Ward Two Councilor Kevin harvcy, Councilor at Large 00/24/00 TLTE 14:08 FAX 8787400072 JOHN D KEENAN (0000/007 R March 21, 300 Welch Family Trust ATTN: Brian McHugh P.O. Box 58 Marblehead, Ma. 01945 RE: 18 .I-torndike Street Dear Mn McHugh: An inspection was done on the property located at 18.1'homdike Street on March 20, 2003. The following issues Were presented to both sides at the inspection. .1. 780 CMR, Section 103.1 Roof has rotten boards and punky rafters. Faccisa boards need repair. I have identified the garage as an unsafe structure. 780 CMR, Section 101.' See attached code 780 CMR section 131-i See attached code 2, Unreeistered vehicles 34-21 Salem Zoning Ordinance 3. Piles of brush in the property constitute a fire hazard. 4.Empty oil and fuel tanks outside the garage, this is a tire: code. 5. Extension cords from Bridge Street house to trailel:s and looks like it is plugged in diesel vehicles. These cords do not have G.I.P. connections and are not procted Imm physical abuse. 00/24/03 TOE 14:40 FAX 9787400072 JOHN D KEENAN U004/007 he i'enee IS Ilot 205 tl ll UOLI`: .:N 11 fl Cl the 111'O15Cl'ly. 1.111 Id Ce 11 C.I I:: \,•111 IC iiirotl`.Il :111. property where Wunsion cords. piles of bt'ush, unsafe S1111crllre5. uSCCI oil or 42 fuel lKETCIS are outside. These Issues put a lot of (lability on the owner and as an Inspector; I would ask shut to protect the public from having a continuous fence should be in place. Thank you for your anticipated cooperation in this matfzl•, Sincerely, 11 Frank DiPaolo Local Building Inspector cc: Mayor Usovicz John Keenan Councillor Flynn 06/24/03 TLT 14:40 FAX 9787400072 JOHN D KEENAN U003/007 C>Cfierkh deignod placard aPproved by the bu iiding officio lyuildmgor snucnrre her.ev.ftc: sneal, net be used o- shall be coned by the owner on all floors of even occupied in whole or in per, until the certificate of building and stru=B and part thereof designe"V use and occupancy shall have been issued by the for high hazard, storage, mercantile, factory and building; commissioner or inspector of buildings or, industrial or business use(use groups R S,m, F when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard shall not be issued until all the work has been shall be securely fastened to the building or completed in accordance with the provisions of the sticture in a readily visible place, slating the approved permits WW of the applicable codes for Use group, the Jiro grading, the live-load and the which a permit is required, except as Provided in occupancy load, 780 CMR 120.3 120.5.2 Posted Occupancy load- A suitably 120.2 Buildings or structures hereafter altered: designed placard approved by the building official A building or savchme, in whole oe in part,shered shall be posted by the owner in every room where to change from one use group to another, to a practicable of every building and structure and diffemd use within the sum use grairp the fire p=thereof designed for use as a place of public gradin; the mwdm= live load capa&T, the assembly or as in institutional building for 'PWV-y low Capacity shall not be occupied or harbmng people for proal, Wriedbomd, used until the certificate shall have been is educamonal,medical or other cam or,treatment,or certifying that the work has been completed in 45 INDRIddlotild buildings used for hotels, loillpog accordance with the provisions of the approved houses, boarding houses, dormitory holdings, permits and of the applicable codes for which a MUWPle family dwdinP (use groups A. L P-1 Permit is fcquirod. Any use or occupawy,which and.R-2). Said placard shall destignate the was not discontinued during the we*of aheraclon, micomian occupancy load. shall be discontinued withal 30 days after the 120-5-3 Reptalcuttelt of posted sow- All completion of the alteration urdess the required posting signs shall be filmished by the owner and Cortisone a insuged. shall be of permanent design; they shall M be removed or defaced, and if lost, removed or IZU Temporary occupallacy:Upon the request of defaced,shill be immediately rephi=& the holder of a permit, a tiempololiry cerfifiac of 00CUParr-Y May be issued before the Completion of 120-5%4 Periodic inspection for posthlip. The the coldre work covered by the Permit.Provided that building officild may periodically mlipact aa- such portion or portions &A be occupied safely vdw%buflar and WOMM=opt ont and Prior to fiM Completion of the Wkfing or struchre two sandly dweiiiiiiss fin compamoe with without endangering life or public vmam Any 780 Cha in respect to posting;or he may accept OOwPwxY Permitted to continue during the work the Deport Of such inspection ftom a qualified shall be diwontimied within 30 days after PVstaed VWWW or architect or others certified WITIPIC-tion of the work unless a catificere of by the BBRS; and such mqmcbm and raperts Q=Pwr-Y is issued by the building official shall spsl:4 my violation of the re of 780 CMR in respect to the posting of&w load, lizooll Conteatu or ere rdikate:when a haw or the Vmft occupancy load and use gaup of the S&UMM is eirtided thereto, the building official building or smoctme. AMR bw a certificate of oc=pmxy withist too days after written applicaticall. upon complictioci of the M CMR 1=0 UNSAn nRucn= final inspection in accordance with 790 CMR 115.5 121.1 General: The provisions of 780 CMR 121.0 And ownraction of the violations and discrepancies, me established by MGJ-r- 143, 1§6, 7,8, 9 and and compliance with 790 CMR 9034,the certificate ID. Of 0c=PmYy shall be iutieli The ocrocne of occt,waixy shall specify the following. 121.2 Inspection: The building official I The edition of the code under which the immediately upon being informed by report or permit was issued. otherwise that a bwIft or other strucon or 2. The use group and aectpancy,in accordance anything attached therm or connected therewith is with the Provisions of 780 CMR 3: dangerous to iffe or limb or that any building in that 3. The " of construction as defiried in city or town is unused, uninhabited or abandoned, 780 0 6, W open to the weather,shall inspect the same;and 4. The occupant load per floor, he shall forthwith in wridrig notify the owe 10 5. Any special]stipulations and con&ti=of the remove it or make it &*if it appears.to him to be building permik. dangerous, of to make it secure if it is ummed, uninhabited or abandoned and open m The weather. 2;7/97 (Effective 2/29/97) 780 CMR-Smilt Edition 27 06/24/03 TUE 14:40 FAX 9787400072 JOHN D KEENAN 16006/007 .. ._ i,i c. G::,:::( :'mac; ._ --.._..._ . GaS,gemw witnlL tllc meaning: nerec:, ane Lha- shah can Sc ;eller pod ;c n- 1�vciCd w conform wiir .,wilding official may af-,; in a crnspicuouc place aclacent grades inorganic Ii:. ?nz cosec e. aper. iIs exterior walls 4 notice of its dangervas chargc_s incurred shall constitute a ltcr,upon the ian. condition, which shall not be removed or defaced upon which the struerure is located, and shall be without authority from him. enforced in an action of contract; and such owner shall, for every day's continuance of such mfusal or 111.3 Removal or making structure safe: Any neglect afterbeing so notified,'be punished by a fine person so notified shallbe allowed until 12:00 noon in accordance with 780 CMR 118.4. The provisions of the day following the service of the notice in of M.GL C. 139, §3A,paragraph two,relative to which to begin to remove such building or structure liens for such debt and the collection of claims for or make it safe, or to make it secure, and he shall such debt shall apply to any debt referred to in this employ sufficient labor speedily to make it safe or section,exceptthatthc saidbuilding official shall act remove it.or to make it secure: but if the public hereunder in place of the mayor or board of safety so requires and if the mayor or selecuneu so selectmen. During the rime sucb order is in o fbet,it order, rbc building official may immcdiatcly enter shall be unlawful to use or occupy such structure or upon the premises with the necessary workmen and any portion thereof for any purpose, assistants and cause such unsafe strvcaut to be made safe or demolished without delay and a proper fence 121.6 Remedy of person ordered to remove a put upfor the protection ofpassersby,ormlxmade dangerous structure or make It safe: secure• Notwithstanding the provisions of 780 CMR 14 an owner,aggrieved by such order may have the remedy 121,4 Failure to rmtove or make structure safe, prescribed by M.GL c.139,§2:provided that any snrvey board,survey report: If an ovmcr of such provision of M.G.L c. 139, § 2 shall not be unsafe structure refuses or neglects to comply with construed so as to hinder, delay or pteveat the the requirements of such notice within the specified building official from acting and proceeding under time limit, and Such structure is not made safe or 780 CbIR 121; and provided, further, that this taken down as ordered therein, it careful survey of section shall not prevent the city or town from the pronises shall be made by a board consisdng;in =covering the forfeiture provided is sold 780 CMR a city, of a City engineer, the bead of rhe fere 1215 from the date of the service of the original department, as such term is defined in M.G.L notice,unless the order is annulled by the jury. c_ 148, § 1, and one disinterested person to be appointed by the building official;red,in a town of 780 CMR 12L7 Standards for making buildings a surveyor,the head of the fire department and one sate or secure: Any owner of a building who has disinterested person to be appointed by the building been notified that Said building Shall be.made safe or official. In the absence of any of the above officers secure under 780 ChM 121.2, m any balling or individuals, the mayor or selecttnea Shall official arxingundertheauthorityof780CIOR121.3 designate one or more officers or other suitable or 1215 upon refusal or neglect of said owner to persons in place of the officers so named as comply with such notice.shall: members of said board. A written report of such 1. Remove all hazardous materials,as defined in survey shall be made,and a copy thereof served on M.GL c 21K, § 1,from the building until such Such owner. time as the building is Secured or reoccupied unless storage is lawfully permitted and the 1215 Removal of dangerous or abandoned building is equipped with an automatic sprinkler structures; If mh stuvey report as outlined in system which is maintained and fully functional. 780 CMR 121.4 declares Such smwwre to be 2. Remove all combustible matcrials unless the dangerous or to be mused, [uninhabited or building is equipped with an am imatie sprinkler abandoned. and open to the weather, and if the system which is maintained and fully functional. ownercontinucssuchrefusalorneglect.thcbullding Combustible materials shall iocludc any fuoare official shall cause it to be made safe or taken dawn not petmaaeutly anached, or to be made secure; and, if the public safety m 3. Remove all materials determined by the bead requires,said building official may at once enter the of the fire depanmeut or local building inspector stricture,the land on which it glands or the abutting to be hazardous in case of fire. land or buildings, with such assistance as he may 4. Secure all floors accessible from grade require,and secure the same;and may remove and utilizing one of the following methods so long as evict, under the pertinent provisions of M.G.L. such method is approved by the head of the fire c.239,or otherwise,any tenaut Or occupant therW f; department and local building msp=or in and tray erect Such protection for the public by writing: proper ferim or otherwise as may be necessary,and EMERGENCY 29 (Effective 17112100) 115/01 06/24/03 TUE 14:41 FAX 9787400072 JOHN D KEENAN 2007/007 c0�'nlDt CITY OF SALEM �OLrtN� IN CITY COUNCIL, Junc 12, 2003 The Commirrec on Public Health, Safety and Environment to whom was referred Issues regarding the property located between Thorndike and Hubon Streets has considcrcd said malrer and would recommend: that the City Solicitor immediately file in Superior Court for the determination of land use, for the property described as 18 Thorndike Street, And Be It Further Ordered that the Solicitor report back to the City Council relative to his actions at the next regularly scheduled meeting, In City council. June 12, 2003 Adopted Approved by the Mayor on June 16, 2003 ATTEST: -� ^ DEBORAH L. BURKINSHAW CITY CLERK CITY OF SALEM MASSACHUSETTS yc�� m31. BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 S TEL. 978-741-1800 FAX 978-745-0343 STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT July 8,2203 Caryl Welch 38 Gingerbread Lane Marblehead,MA.01945 Dear Property Owner: This office has received many complaints regarding rodents on your property at 16-18 ThorndikeStreet in the city of Salem,Massachusetts. An on-site inspection was conducted on July 6,2203 by Jose L. Diaz,Sanitarian for the Board of Health. In the back area of the property burrows were observed under the brush,wood and other debris that is along the property line. Neighbors have also seen rodents around that area on a regular basis. Raccoons, rodents,etc., are considered a neighborhood nuisance and community health hazard. In accordance with Mass General Laws,Chapter 111, Section 123 you are Ordered to retain the services of a licensed exterminator and suppress rodent population within fourteen(14)days of receipt of this order and a copy of this invoice must be forwarded to this department upon completion of the extermination. All;brush,wood,and other debris that is in this parcel of land must be removed. All holes are to be filled. 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 parry has the right to be present at the hearing. If you have any questions or concerns please call this office at 978-741-1800. 1 thank you in advance for your cooperation. For thB d of Health: d� Reply to: U � Y � Jose L. Diaz J anne Scott Sanitarian Health Agent Certified mail#7099340000094079/055997 cc: Building Inspector Fire Prevention Councillor Kevin Harvey City of Salem Office of the City Solicitor 93 Washington Street Salem, Massachusetts 01970 Tel: 978.741.4453 Fax: 978.740.0072 September 25, 2003 Ms. Kathy Cocozella 15 Hubon Street Salem, Massachusetts 01970 RE: Hubon/Thorndike Street Welch Property Dear Ms. Cocozella: Having read your comments in today's Salem News, I wanted to address your concerns. First and foremost, you are correct about the fact that I've known Attorney Bob Munroe for some time. I certainly consider him a professional friend. I've worked in the Salem legal department for close to eight years. As such, I know most of the lawyers in the city, especially those who practice municipal law. Rest assured that none of these lawyers get special treatment because I know them. I will not be city solicitor forever, but I do intend to continue practicing law for a long time. I would not tarnish my integrity for this or any other city case—regardless of who represents the other side. As for the property itself, I do believe we have made progress since the August meeting. Ironically, prior to seeing your letter today, I actually visited the property again to check up on the status. The zoning/use dispute remains to be resolved, and will be addressed by a judge. There has been a slight delay on that this month as Attorney Monroe had asked me for an extension due an emergency health issue with his daughter who lives out of state. I agreed to that extension. The building does have some structural issues, but is locked up tight with no access. That will be addressed also. I will be in touch when the time comes to prepare the necessary affidavits regarding the use. Based on the information I received at the August meeting, it appears there may well be an argument that any nonresidential use has been abandoned. That it the position I intend to take. Indeed, I believe I copied you on the letter explaining this in August. Please feel free to contact me directly with any questions. Very be regards, Joh D.'Keenan, Sol 'tor c Stanley J. Usovicz, Mayor del Thomas St. Pierre, Bldg. Insp. Kevin Harvey, Councilor at Large BG Thursday,c:aptem6er 25,2008 The Salem Ne,,s, Salem,IMas,,,. Letters tO the editov Upset with city lawyer's response To the Editor: On Aug.7,I and many of my neighbors attended a meeting in Keenan and Monroe have known each other before these the Salem City Council chambers concerning a piece of Prop- to fightffor sus. In and I fact,on'ttho e feelings we efeel we are gengse of medlby -a erty in our neighborhood. conversation I overhead between Keenan and Monroe as I We felt that the property was being used improperly.The was preparing to leave the meeting. owner was renting it out to businesses as storage and as ac- tive business locations. We are in a residentially zoned Kathy Cocozeli2 area.The property was noisy at times and an eyesore! Salem The meeting was attended by Salem City Solicitor John Keenan (Editors note:This letter concerns efforts by Councilor Harvey and Robert Monroe,the attorney for the property owner. and neighbors to get the city to take action against what t hey con- We have been fighting these issues for more than a year1 sider an illegal business operation on Thorndike Street in Salern. Councilor-at-large Kevin Harvey has been our advocate from The council has passed a resolution directing the city solicitor to within city government. In the owner of the property to court, but as of Wednesday no During the meeting the issues concerning the property such action had been taken.Harvey says he intends to bring Keenan. were discussed and very little was settled. Attorneys before the council again later,this monthforanexplaratton) City of Salem Office of the City Solicitor 93 Washington Street Salem, Massachusetts 01970 TO: 978.741.4453 Fax: 978.740.0072 Iia Fax & First Class Mail: 978.745.9315 August 25, 2003 Robert A. Monroe, Esq. 81 Washington Street, Suite 4 Salem, Massachusetts 01970 RE: Hubon/'Thorndike Street Welch Property Dear Bob: Following up on our site visit of Friday, August 22, 2003, we have agreed to the following: 1. Excess brush and firewood will be removed by this Friday, August 29°i. 2. Final plan for the structure will be provided by August 29`x'—to wit—going to repair for continued use or maintain to a make safe standard and not use. 3. The final two unregistered vehicles (GMC Van and Trooper) will be removed by August 29°' (you've already notified tenant Mike Rocca of this). 4. The tanks have already been removed. You will provide records (manifest) regarding authorized and appropriate removal of same. 5. Use of the property. You will also file the request for declaratory relief by the end of this week. Regarding this issue, the neighbors I've discussed this with down there lead me to believe that not only is the use inappropriate, but that whatever use that may have been grandfathered was abandoned by lack of any use for more than two years. Thank you for your attention to this matter. I look forward to resolving all these matters once and for all. Please call with any questions. I am around all week. Vel best regards, Vt John . Keenan, Soli 't r CC. Thomas St. Pierre, Bldg. Insp. Kevin Harvey, Councilor at Large Mike Cocozella, Neighborhood