37 TURNER STREET - BUILDING INSPECTION (2) 37 TURNER STREET
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CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
'f2 13 /C sf7
120 WASHINGTON STREET,3 FLOOR
M1 TEL. (978) 745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
March 26, 2009
Ray Wengenroth,
26 Thorndike Street
Beverly Ma.01915
R.E 37 Turner Street
Mr .Wengenroth,
This Zoning letter is to confirm that the above listed property is a legal,grandfathered, 4 unit
building. (3 Residential,l Commercial). This letter is for zoning purposes only and does not
address compliance with applicable codes.
If you have any questions, please contact me directly.
Thomas
Building Commissioner/Zoning Officer
cc. file 37 Turner Street
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ublic jJropertu Bepartineld
N.' if ui(?�i�ig + epttrtment
f�Sithur� �. ii{rJntnslT
One —4-n(tm Green
745-6213
December 14,1984
TO WHOM IT MAY CONCERN: Re: 37 Turner Street
When the parking requirements have been met for the above .
referenced property, the use of the property as (3) Dwelling Units
and (1) store may , be continued.
The parking requirements shall be as follows:
r 6,, r . (F/)off-street parking spaces must be maintained at all times..
Any deviation from the parking will result in the property reverting
back to (2) Dwelling Units and (1) stove use.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
David L. Flaherty
STREETAN0 NO.
28 Preston Beach Rd.
P.O.,STATE AND ZIP CODE
Marblehead MA 01945
POSTAGE $ LS
CERTIFIED FEE 80 6
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a POSTMARK OR DATE
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1. If you want this receipt'postmarked,stick the gummed stub on the lett portion of the address side of
the article,leaving the receipt,attached,and present the article at a post office service window or
hand it to your rural carrier.(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address
side of the article,date,'detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified-mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space
permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return
receipt is requested,check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make'mc uiry. n GPO:L979 0-289-363
COMMONWEALTH OF MASSACHUSETTS
CITY/Te�W+ OF S A L E M D1SGokrv6c
" APPLICATION FOR CERTIFICATE OF INSPECTION
Date A c ( ) Fee Required (Amount ) 2 ,
( ) No Fee Required
In accordance with the provisions of the Massachusetts State Building
Code , Section 108 ,15 , I hereby apply for a Certificate of Inspection for
the below-named premises located at the following address :
Street and Number jv vc Sf, p
Name of Premises
Purpose for Which Premises is Used 6`G-
License( s ) or Permit ( s ) Required for the Premises by Other Governmental
Agencies :
License or Permit Agency
Certificate to be Issued to
Address 3`1 7U_VY_ A )0« ami
Owner of Record of Building
Address 2f3 p { N i� c eb N raaza E+crso
Name of Present Holder of Certificate
Name of Agent , if any
SIGNATURE OF PERSON Tt WHOM TITLE
CERTIFICATE IS ISSUED OR HIS
AUTHORIZED AGENT I1 7 S
DAT
INSTRUCTIONS :
1 ) Make check payable to : CITY OF SALEM
2 ) Return this application with your check to : John B. Powers, Inspector of
Buildings City Hall Annex One Salem Green Salem Massachusetts 01970
PLEASE NOTE :
1 ) Application form with accompanying fee must be submitted for each build-
ing or structure or part thereof to be certified .
2 ) Application and fee must be received before the certificate will be issued .
3 ) The building official shall be notified within ten (10 ) days of any change
in the above information.
CERTIFICATE # EXPIRATION DATE :
FORM SBCC-3-74
PERIODIC INSPECTION INFORMATION SHEET
Instructions; This information sheet is not an inspection checklist. Each time
a permanent file card is typed for a new building or a new card for an old build-
ing, this information sheet can be prepared by the building inspector as a work
sheet from which the file card can be typed. The items of information on this
sheet are identical to the items on the file card. If all the information on this
sheet cannot be entered on the file card, this sheet should be filled out and
not discarded.
Street and Number 37 j u r Ne t ST iZF aZ�
Name of Premises
Other Licenses or Permits Required
Owner of Record of Building Ov�o ���j rEZZ y
Address
Certificate to be Issued to
Address
Use Group Classification Purpose Used
Public or Private
Number of Stories Class of Construction ate Erected (Y64.
Certified Capacity (By Story or Type) Z0
Number of Rooms - Hospitals, Schools, Hotels (By Story or Type)
Number of Dwelling Units Per Story
Emergency Lighting System
Means of Detecting and Extinguishing Fire
Fire Alarm System
Number of Elevators
How Heated ins
Boiler or Other Heating Apparatus
How Lighted How Ventilated
Place of Assembly; Yes No Purpose Used C; qr 5 6„o�,
In Which Story Esc FLoo z
Standard Booth Installed Location
Fixed Seating
Number of Aisles and Width of Each
Fire Resistance of Curtains or Draperies
Number of Sanitaries o 1Location
Number of Grade Floor Means of Egress Doorways Z_
Number of Separate Stairways Accessible Per Story
Number of Approved Independent Exitways Per Story
Remarks:
Date Certificate Issued Date Certificate Expires
Date Orders Issued Date Orders Complied
Inspector Date
FORM SBCC-1-74
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❑ RESTRICTED DELIVERY
Show to whom and date delivered 6
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Z 2. ARTICLE ADDRESSED TO:
m Mr. David L. Flaherty
m 28 Preston Beach Rd.
'v Marblehead, MA 01 45
3. ARTICLE DESCRIPTION:
m REGISTERED NO. CERTIFIED NO. INSURED NO.
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7188798
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UNITED STATES POSTAL SE ;2fCE
OFFICIAL BUSINESS ��
SENDER INSTRUCTIONS. PENALTY FOR PRIVATE
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Print your name,address,and ZIP CODE In the spaceApeJow: j = r ,;� USE TOFAPOSTAVOID GE,8300
j Complete items 1,2,and 3 on the reverse. \
} •Moistengummetl ends and attach to front of article it space U.SMAIL
ppermits.Otherwise affix to hack of article.
•Entlorse article "Return Receipt Requested adjacent to
number.
RETURN
f TO
Salem Building Department
(Name of Sender)
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One Salem Green
(Street or P.O. Box) r-
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Salem, MA 01970
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(City, State, and ZIP Code)
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Robert E. Gauthier
One Salem Green
7454213 December 22, 1980 .
Mr. David L. Flaherty
28 Preston Beach Rd.
Marblehead, MA 01945 RE: 37 Turner Street
Salem, MA 01970
Dear Mr. Flaherty:
At a meeting of the Board of Appeal held December 17,
1980, your petitioned relative to the above captioned property
was denied.
As you are in violation of the Zoning Ordinance, it
is important that you come into the office so that we may
discuss the matter.
Very truly yours,
Robert E. Gauthier
Zoning Enforcement Officer
Building Inspector
REG:TC
Certified Mail #7188798
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Ti#u ofttlgm, ttsttclzse#
ublic ru Pxt a urtment
Puaing Pepttrtrunt
Robert E. Gauthier
One Salem Green
745-17213
October 31, 1980
David L. 'Flaherty
28 Preston Beach Road
Marblehead, MA 01945 RE: 37 Turner Street
Dear Mr. Flaherty:
There has been a question raised by your abutters that
you only have 2.1 feet of land on the northwesterly side of your
existing building.
If this assumption is true and it seems to be verified by
the deed presented to me, recorded July 6, 1978, it would
necessitate withdrawing your permit to erect an exterior stair-
way for the second floor.
If there are any transactions or purchases of land adjoining
your-property whichwould`prove to be different, would you inform
this- office within seven days. F,. .
.Very truly yours,
Rob rt E. Gauthier
Building Inspector &
Zoning Enforcement Officer
REG:tc
SUPPLEMENTARY REGULATIONS SECTION VII
USE REQUIRED PAR-KI\G -
Hospital and s nitaria, One space for each doctor accre.ditedt
nursin- and convalescent to practice therein, plus onc. space
homes. for- each two employees, plus one space for
each four beds, excluding bassinets .
Philanthropicandcharitable One space for each two employees ,
institutions. plus such additional space as
shall be determined necessary by
the Board of Appeals.
Funeral Homes . One space for each four seats, plus
one space for each two employees,
plus one space for each company
vehicle. There shall be a minimum
of twelve spaces.
Retail business and service One space for each one hundred
establis!unents , except eating fifty square feet of gross floor
and drinking ,-places. area of the building., excluding
storage area.
Theaters and other places of One space for each four seats, plus
public assembly, restaurants one space for each two employees .
and other eating and drinking
places, but excluding drive-in
restaurants and drive-in snack
bars.
Drive-in restaurants and other One space for each two employees ,
eating and drinking placesplus fifteen spaces.
Dowling alleys. One space for each alley plus one
space for each two employees.
Other places of commercial One space for each thirty-six
recreation and entertainment, square feet of floor area, plus
such as roller rinks and one space for each two employees .
dance halls.
.Music and dancing studios, One space for each tro employees ,
trade and business schools. including teachers and adrAnistjP,
tors , plus one space for each four
studios in trade or business schools..
Motels, hotels , and inns. One space for each guest room., plus
one space. for each two employees.
Business offices. One space for each employee.
43
a � ii ou&licrt�,p�rfg +` e�sar#ittenf
s'F<-«� o�"' �;nifliit� �cptirfntenf
P,ibert E.. Gauthier
4�r �ulrm ltirrrn
7.15-0213
August 22, 1980
David L. Flaherty
28 Preston Beach Road
Marblehead, MA 01945 RE: 37 Turner Street
Salem - B-1 District
_Dear Mr. Flaherty:
Relative to the property caption above, please be
advised that the three apartments and retail business are
allowed in the B-1 District.
However, the second floor front apartment does not
have the necessary second means of egress required by the 61`
building code, and an outside stairway must be constructed
before a certificate _of occupancy can be issued.
You do not have sufficient parking for the three apartments,
and retail .store, and it will be necessary to go to the Board
\ of Appeal for a variance. from the parking, or permission to
provide-parking on another lot.
Enclosed are the sections of the Zoning Ordinance, Off-
Street Parking sections with which you must comply.
Very truly yours,
Robert E. Gauthier
Building Inspector
Zoning Enforcement Officer
REG:C
Enc. 3
Blind copy - Sophie Sawicki
39 Turner St.
SUPPLEM'_MTARY REGULATIONS SECTION VI1 .
I.... 5.
No part of an off-street parking area requirod by
this Ordinance for any building or use shall be i.r,cl;idec:
as .part. of an off-street parking area similarly required
for another building or use unless the type o:f build-
ings or uses indicate that the usage of such parking
area would not occur simultaneously, as determined by
the Board of Appeals.
06.
The following numbers of off-street narking spaces shall
be the minimum required for use indicated. Each paring
area shall contain not less than three hundred square feet.
of gross area for each vehicle, including necessary
aisles and driveways, and not less than one hundred seventy
square feet of area in each parking stall , with each stall
a minimum of nine feet in width. A driveway may be
considered a parking- space for a dwelling, provided that
each vehicle has direct access to a street or public way.
Notwithstanding any restrictions in this paragraph C,
no area within five feet of the street line, including
any driveway, shall be considered as a parking space in
R-C, R-1 , R-2, and R-3 Districts. In R-3 Districts, the
restriction on off-street parking will not apply to
elderly housing projects built under the jurisdiction of
of the Salem Housing Authority and financially aided by
( either the U. S. Public Housing Administration anal/or the
\- Commonwealth of Massachuset;,ts Department of ,Commerce --
Division of Public Housing.
USE REQUIRED PARKING
.Dwellings (R-C, R-1 , R-2, R-3) One and one-half s_naces
rooming houses, tourist homes, per dwelling unit , with
home occupations. a minimum of two spaces"
plus one space for each
home occupation..
Historic buildings open to the One space for each two
public, museums ,. libraries, employees, plus such
municipal buildings other than . additional space for
schools. visitors as shall be de-
termined necessary by the
Board of Appeals.
Recreation buildings and One space for each tr•:o
areas_operated. by_.membership employees , plus one space
clubs . for each four members_
Public and private golf courses, One space for each
.tt:ro
golf drving' ranges, miniature employees ," plus one space
golf courses . for each hole.
48
SUPPLEMENTARY REGULATIONS SECTION V11
3- "tinimit^; width of aisles nroaiding access
-. to stall for one-way traffic only , varying
kl_ with the angle of parking , shall be
Angle of Parking Minimum Aiz,:le Width
Parallel 12 feet
300 11 feet
450 1.3 feet
600 18 feet
goo 2.0 feet
4- Minimum width of aisles providing access -to
stalls :for two-way traffic shall be twenty-
four feet, except that aisles providing
access primarily for overnightparking may
be a minimum of twenty feet.
Parking facilities shall be designed so that each
motor vehicle may proceed to and from the parking
space provided for it without -requii.ing the moving
of any other motor- vehicle.
d. The width of entrance and exit drives shall be -
1- a minimum oftwelve feet for one-way use only.
� . 2- a minimum of twenty.-.: feet for two-way use, except
that driveways providing access primarily for
overnight parking, with incidental-day-time use,
may be a minimum of twelve feet wide, and
3- a maximum of twenty feet at the street lot line
in residence districts, and thirty Feet in busi-
ness and industrial districts .
e. Setbacks for parking areas shall be provided as
follow -
1- In all districts parking stalls in parking lots
shall be set back from the street lot line
to whatever extent may be necessary in the
specific situation, as determined by the Building
Inspector, to avoid the probability of cars
backing or otherwise maneuvering on the sidewalk
upon entering or leaving the stalls. In no case
shall parking lots be designed. to require or
encourage cars to back into a public or private
way in order to leave the lot .
2- The surfaced area of a parking lot and all en-
trance and exit drives shall be set back a minicr:u;a
of two feet, from all lot lines, except vihere an
a.ccess drive; ay crosses the street lot linea
47
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(situ of *Hlcm. MUSSUc4usetto
Public Prupertq Department
$iuilbing Department
(One tbalem (6reen
500-745-9595 F_xt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 6, 1994
Russell O'Donnell Realty Trust
10 Cliff Street
Marblehead, Mass. 01945
RE: 37 Turner Street
Dear Mr. O'Donnell:
This office has been informed of a new business being
conducted at 37 Turner Street. We have no records of Certificate
of Inspection being issued at this location. We also have no
records of permits being issued on the new signage at front of
property.
Please contact this office upon receipt of this Letter so
we can resolve these issues . Failure to do so could result in
legal action being taken.
Sincerely
.�✓iLG�v2G /�
c.
Leo E. Tremblay
Inspector Of Buildings
LET: scm
cc: Councillor Ahmed, Ward I
Jane Guy
David Shea
X 76s
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public Vrapr,'g PPpartmenf
���4�^" �ni�iTn� �P�c7Sfi'.tP11Y
Robert E. Gauthier
One Salem Green
zn5-11213
January 16, 1981
Mr. David L. Flaherty
28 Preston Beach Road
Marblehead, MA 01945 RE: 37 Turner Street
Salem, MA 01970
Dear Mr. Flaherty:
Unless I receive written proof of ownership of land
for parking for the above captioned address within seven
(7) days, I will have to file a complaint in the District
Court re. the third apartment.
Very truly yours,
Robert E. Gauthier
Zoning Enforcement Officer .
REG:C
Certified Mail #7188801
TRIAL COURT OF THE COMMONWEALTH �fjl�iJ)NC'
DISTRICT COURT DEPARTMENT
FIRST ESSEX DIVISION uE�1l jj
65 WASHINGTON STREET
SALEM. MASSACHUSETTS 01970 REC
CITY oFSaLtwE(�Q
SAMUEL E. ZOLL. FIRST JUSTICE t ROBERT9�t At* �. CLERK-MAciSTRATE
DAVID T. DOYLE. JUSTICE RICHARD O.,S LYA SBY. FIRST Ass T.
TELEPHONE ROBERT E. GRANT. SECONo Ass T.
744-4681
- TELEPHONE
- 744-1167
December 22', 1981
David L. Flaherty
28 Preston Beach Road
Marblehead, Massachusetts 01945
RE: City of Salem vs. Flaherty
Dear Mr. Flaherty :
The hearing conducted on Thursday, December 17, 1981 is
being continued for two (2) months until Friday, February 13, 1982,
at nine o ' clock in the forenoon.
I find there is probable cause and 'a complaint shall issued on
February 13 , 1982 unless the tenant moves as ordered or parking is
made available.
ery truly yours,
ichard O. Slings
Assistant Clerk- ages trate
ROS:aa
CC. William Mahoney, Esq.
81 Washington St. 373 ti
Salem, MA 01970
Patrick Burke, Esq.
221 Essex Street 70LI —��3�
Salem, MA 01970
Richard T. .McIntosh
Building Inspector
City Hall
Salem, MA 01970
We the undersigned request the Appeals Board to deny the application
for the variance for the rear building at 37 Turner Street.
The reasons are as follows:
1. Front building, (37 Turner Street) ground level, already
Commercial business.
2. Front building, (37 Turner Street) second level, Commercial
business (offices) occupy the front portion of building and an
apartment occupies back portion of building.
3. No land whatsoever surrounds the rear building of 37 Turner
Street.
4. Parking of vehicles on property is limited (bad layout). See
diagram. How can fire or emergency apparatus approach this
building?
5. Street parking is already heavy and overcrowded.
6. Turner Street is a nice street whose homeowners are proud to
live on because it is an asset to the neighborhood.
7. Litter is already contagious from the front Commercial business.
Think of what the Commercial property in the rear could do
for the street.
8. Commercial business is already thriving in the surrounding
community. Let's keep it in the front of the building.
a. Prim Pilgram Turner Street (gift shop)
b. House of Seven Gables - Turner Street (gift and coffee
shops)
C. Ye Old Pepper Company - Corner of Derby and Hardy
Streets (candy shop)
d. No Name Pub - Corner of Derby and Turner Streets
(bar)
e. Gables Variety - Corner of Derby and Turner Streets
(variety store)
f. Millers Wharf Marina - White Street (marina)
g. VFW - Corner of Derby and White Street (club)
h. 1793 House - Turner Street (gift shop owned by applicant)
i. Robert Rumpf - Derby Street (architect)
9. Tourism already invads our privacy .in front of our houses.
We must retreat to the rear of our property. By putting in
apartments and Commercial business, our privacy is cut even
more drastically.
Therefore, our recommendation to the Board is that this building be
used for storage only, not Commercial use.
i
Ay 52 AH '6 1
WILLIAM J. TINT[ CITY OF SALEM r r RICHARD W. STAFFORD
CITY SOLICITOR MASSACH C4' LD ASSISTANT CITY SOLICITOR
70 WASHINGTON STREET p !!/��CA,�[LA�e, 70 WASHINGTON STREET
SALEM. MA 01970 CCC J!1 G'9 x'19 {i SALEM. MA 01970
744-2172 744-2172
May 19 , 1981
Mr. Dick McIntosh
Building Inspector
One Salem Green
Salem, MA 01970
Dear Dick:
Please forward to me all information in regard to the Complaint
forwarded to me by Councillor George. A. Nowak, a copy of which I
have enclosed for your convenience.
Sincerely,
William J. Tinti
City Solicitor
WJT/dlg
enclosure
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
c
120 WASHINGTON STREET, 4TH FLOOR f
SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY J. LISOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
February 13, 2004
Michael Levinson
1 Waldron Court Place
Marblehead, MA 01945
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105
CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR
410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,
an inspection was conducted of the property,37 TurnerStreet I-R occupied by Lucas &
Christine Pickford conducted by Virginia Moustakis, Sanitarian on Thursday February 12,
2004 @ 5:15 p.m.
Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the
property owner's responsibility to notify tenants of lead related reports and tests, and to ensure
that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention
and Control. For further information or to request an inspection, contact the Salem Board of
Health at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the
enclosed inspection report.
Failure on your part to comply within the time specified on the enclosed inspection report will
result in a complaint being sought against you in Salem District Court. Time for compliance
begins with receipt of this Order.
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 in 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.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of
the statutory remedies available to them as outlined in the enclosed inspection report form.
For the Board of Health Reply to:
Joan;;' Virginia Moustakis
Health Agent Sanitarian
CERTIFIED MAIL 7003 1680 0006 5995 9394
cc: Tenant, Attorney Chris Henderson,25 Lynde St Salem,MA John Giardi,Electrical Department John LeClerc,
Plumbing Inspector Tom St.Pierre Building Inspe(?o"r Councillor Lucy Corchado
/ CITY OF SALEM, MASSACHUSETTS
V. BOARD OF HEALTH
• 31 : 120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-74 1-1 800
Aura FAX 978-745-0343 Page 1 of �,�
STANLEY USOVICZ. JI' JOANNE SCOTT, MPH, RS. CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant :Ztca,- nZZA,i~ &CKJtORc7 Phone-hF) Ne— M _
Address: Apt.#__,L_ � Floor t
Owner: Address: , itis Cd/?cz'J 6oe_At-
/�AeB ✓✓F j; Z14
Inspection Date: Time:
Conducted By: y/6iws x/s Accompanied By: rr�EL��r/e/e.:a� 7o✓,✓Crr�il�
Anticipated Reinspection Date: �F�£� %� �"``P� � 'T°��f✓
fvLeli v� rtcSP17a e ;Ole/
TENAn/T'
Specified Time Reg.#410.. Violation(s)
Based on a tenant complaint an inspection was conducted in accordance
with Article II of the State Sanitary Code 105 CMR,410.000.
Upon inspection the following were noted:
Wi i 1 -
5- Ec.
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One or more of the above violations may endanger or materially impair the health
safety, and well being of the occupant(s)
Code Enforcement Inspector
Este es documento Ietlal importante. Puede que afecte sus derechos.`'1Qr^^^7eI_IAnn
CITY OF SALEM HEALTH DEPARTMENT
• 1 Salem,Massachusetts 01970 Page 2, ofd_
/ Date: &—/k—e L{
Name: /�✓r�S,�PI�aMNE 4ck,C6110p, Address: 3S 7ux vim- sr,, C J 'z -R
Specified Time Reg.N 410.. VIOIatIO17(S)
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p COMMONWEALTH OF MASSACHUSETTS 63/- (0 . (oS
CITY/'f0V1?' OF S A L E M
"w APPLICATION FOR CERTIFICATE OF INSPECTION
Date ( ) Fee Required (Amount ) r�
( ) No Fee Required
In accordance with the provisions of the Massachusetts State Building
Code , Section 108 ,15 , I hereby apply for a Certificate of Inspection for -
the below-named premises located at the following address :
Street and Number
Name of Premises \ 3
Purpose for Which Premises is Used GC- $
License( s ) or Permit ( s ) Required for the Premised- by Other Governmental
Agencies :
License or Permit Agency
Certificate to be Issued to
Address 37 1u ,,- S$^,
Owner of Record of Building '7►>v L n 4--
Address
Address "3:z Il.rNczF St S41 vret 111IrSS
Name of Present Holder of Certificate
Name of Agent , if any (�
SIGNA� PERSON TO W OM TITL
CERTIFICATE IS ISSUED OR HIS
AUTHORIZED AGENT 3 sb!i
�f DATE
INSTRUCTIONS :
1) Make check payable to : CITY OF SALEM
2) Return this application with your check to : John B. Powers, Inspector of
Buildings, City Hall Annex, One Salem;Green, Salem, Massachusetts 01970
PLEASE NOTE :
1 ) Application form with accompanying fee must be submitted for each build-
ing or structure or part thereof to be certified.
2 ) Application and fee must be received before the certificate will be issued.
3 ) The building official shall be notified within ten ( 10 ) days of any change
in the above information.
CERTIFICATE # EXPIRATION DATE : ) 0
FORM SBCC-3-74
3��/�9
L;VII.Qjmr, OPIT '
MAR 6 16 gp x.44 '19
f;ECEIVED
CITY OF SAL.EId,HASS.
PERIODIC INSPECTION INFORMATION SHEET
Instructions; This information sheet is not an inspection checklist. Each time
a permanent file card is typed for a new building or a new card for an old build-
ing, this information sheet can be prepared by the building inspector as a work
sheet from which the file card can be typed. The items of information on this
sheet are identical to the items on the file card. If all the information on this
sheet cannot be entered on the file card, this sheet should be filled out and
not discarded.
Street and Number g -7 -FL, t- H Lw �,- S�
Name of Premises 1-j q 2.
Other Licenses or Permits RequiredqA1% u � cxc ,
'� cy 9- �-o-E— n
Owner Address Record of Building 1w , r F, ,per}� n�
Z W 32 w y` CidL C uT
Certificate to be Issued to
Address
Use Group Classification /9..1 Purpose Used
Public or Private --ow,,
Number of Stories Class of Construction �,_ p r'ate Erected /2L'3
Certified Capacity (By Story or Type)
Q !c P- - t R ST K 1(50a--)
Number of Rooms - Hospitals, .Schools, Hotels (By Story or Type) S Rio
Number of Dwelling Units Per Story-----Z--.X', � ,,d C1.,..R.
Emergency Lighting System NO
Means of Detecting and Extinguishing Fire
Fire Alarm System— or
Number
Number of Elevators
How Heated µ m ,
Boiler or Other Heating Apparatus
How Lighted How Ventilated
Place of Assembly; Yes No Purpose Usednh
In Which Story,
Standard Booth Insta%led_ d N✓ Location.
Fixed Seating
Number of Aisles and Width of Each_
Fire Resistance of Curtains or Draperies
Number of Sanitaries .� LocationP 15� ,a 6z
l`L2SNy•+NL _
Number of Grade Floor Means of Egress Doorways _
Number of Separate Stairways Accessible Per Story
Number of Approved Independent Exitways Per Story
Remarks:- _ n/�
�S :cI Io 0 n r-AL r,OP 0 �to
Date Certi cate Issued Date Certih ate Expires
Date Orders ISG�3a� Date Orders Complied
Inspector Date
Date
FORM -SBCC-1-74
(( q FOfdl SSCC-:•94
-\ Toutmnnzuralul of tt uttr e �
W
CITYITtwV?- OF S A L E M
In accordance with the Massachusetts State BuiZding Code, Section Z08. Z5, this
CERTIFICATE OF INSPECTION
is issued to . . . . .. . . . . . . . . . . . . . . . . David L. Flaherty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7� !� t 1
Y &rtify that I have inspected the. . . . . . .premises
. . . . . . . . . . . . . . . . . . . . . . . . .known as. . . . 793 House
. . . . . . . . . . . . . . . . . . . .
located at. . . . . .37 Turner Street„ in the. . .CitX of Salem
Count o Essex . .Commonwealth o Massachusetts. The means o egress are sufficient or the following
County f. . . . . . . . . . . . f f s ff' f f s
number of persons:
BY STORY
Story Capacity Story Capacity Story Capacity Story Capacity
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location " or Structure Capacity Location
Sandwich Shop 12 :First Floor
72-79 6/19/79 8/1/80
Certificate Number Date Certificate Issued Date Certificate Expires A7ji7ding Official
The building official shall be notified within (Z0) days of any changes in the above information. //
E S
PERIODIC INSPECTION REPORT
Instructions : This form is to be completed each time a periodic inspection
is grade . At . the time that a new certificate is issued , a receipt indicating
that the fee has been 'paid will be attached to this form or this form will
be stamped ,"PAID" prior'.to issuing the certificate . Any changes since the
las,t�' inspection are to be added to the file card of the premises . This form
should be filed by street address .
Strget.;and Number a3
Namq of Premises /793
Certificate ertificate to be Issued to oO L
Address 37 � �' S�✓ .ia �Cw-z � .e D/9 'lb
Owner of, Record of Buildings "
Address
Purpose for-Which Premises Are Used •'
Use'Group Classification of Premises
Changes Since Last Inspection (Required on File Card)
1 .
2
3 .
4 .
5 .
6 .
Datj Order Issued
Ord(pr Issued To
Address - -
DatF Viola ion( s ) . Correct d
Rem€Lrks
vim+'
I have this day inspected the above described premises , and the same conforms
to the pertinent re6uirements of the Massachusetts State Building Code and
the rules and regulations pursuant thereto .
dU
D e Building Official
Certificate Number.
Date Certificate Issued _
Date Certificate Expires
Recgmmended Next Periodic Inspection Dat e
FORD? SBCC-4-74
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-5435 PG264
if ,,.
We, Arthur 8. Jarzoll and Philip A. Budrbso, uf-GL* ffdQ
U5CrTn �
Jannell & Budroso Realty Trust under Declaration of Trust dated
€` aj August 27, 1963, recorded with Essex So. Dist. Deeds, Book 5104, Pngo 295,
• r . by power conferred by said Declaration.of Trust
every other power,
r for consideration Ebtias '
' paid, grant to Arthur J. Jannell of Marblehead, Essex County, Mansachusettn,
7 dee land in Salem in said Essex County, with the buildings thereon, -
, , numbered 37 Turner Street, bounded and described as follows:
a Beginning at the Southwesterly corner thereof on Turner Street,
thence running Northeasterly twenty-nine and 84/100 (29.84) feet;
Northwesterly two and 1/10 (2.1) feet; Northeasterly again thirty-
_ ? seven and 9/10 (37.9) feet; Southeasterly ten and 78/100 (10.78) feet;
Northeasterly nineteen and 95/100 (19.95) feet; Southeasterly one and
251100 (1.25) feet, Northeasterly twenty-nine and 85/100 (29.8$) feet;
to a stake - the last seven bounds being by land now or formerly of
k; Vincent; thence running by land now or formerly of Sokol four and 37/100
i.= (4.37) feet to a stake; thence Southwesterly by land formerly of R. M.
Batchelder, Trustee, one hundred fifteen and 8/10 (115.8) feet to
{. - - - -Turner Street, said last bound being porallel with the house on the
adjoining lot and distant one (1) fent, eight (8) inches northwesterly
therefrom; thence running Northwesterly by Turner Street -forty-nine and
! ' 13/100 (49.13) feet to the point of beginning. .
ALSO a parcel of land Easterly of the above land, bounded as follows; j
i � . Northwesterly by the above parcel seventy-eight and 85/100 (78.85) fest,
1, Northeasterly by land of Sokol one end 63/100 (1.63) feet Southeasterly '
�3n - by land now or late of Kros seventy-eizht and 65/100 (78.85f feet; South-
1 wenterly by said Rros land one and 58/100 (1.58) feet. _
-
ia q1 Being the same premises conveyed to the grantors by deed from Charles
A. Mahoney, dated Septerber-16, 1965, recorded with said Deeds, Book :.
t lnl Page 1103.
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Gto 9 S_ L. D t i,,d
and
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U,LmrK6.ci L......}a 4r; end a .!r J >.. .... ! 1 t '..�...�..,•r diJ of. �rx1 .., _.....IY .T..
.._. ......... ........ . .. . . ... ...... .4/X ✓ .....
(
............................ ............_...................
..:_. jl.� � " .�1.�' ✓4� .
Trustees of Jannell and Budroee
._...................... ...................... ........................ ti.eaIty._TF.9 Q.S.. . ..... ............... ..... -
- Lege drerttcratrmea th of Fars 1hsartle
F
Ease= ss, April 11,
# Thea persouNy appeared the above named :Arthur J. Jannell, Trustee as aforesaid,
and acknowledged the foregoing instrument to be his frm ct end deed,before me
<i - Nor:+y hL'uc-1,ubceth-tta-ttxv ,
._..14.68..
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Eeso;. ss Recorded Apr. 11, x46?, t36 m:past S P M. "113 -
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oM�ctit, Msttrl�ue #�
Public 11rnpertg X-1yartineut
p�r'MIM oo� �b llilliug �e�artuient
R.T. McIntosh
(One ;Salem (Breen
74_i-0213
May 22, 1981
Mr. William Tinti
City Solicitor
70 Washington Street
Salem, MA 01970
Dear Bill;
Here is all I have on ik37 Turner Street as you requested.
I met with Mr. Flaherty May 11. He tells me that he will forward a copy of Deed
for 2 parking spaces which will be in the rear of Gables Settlement house which
is within 400' of his property.
He tells me that he is letting someone sew parachutes in the basement #37 Turner St.
at no charge.
I told him that in.my opinion he could not do this and that he could not use the
rear garage for anything other than a snack bar as per opinion of William H.K.-
Donaldson, April 24, 1972.
Very truly yours,
Richard T. McIntosh
Building Inspector
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CITY OF SALEM ALBERT R. PITCOFF
MASSACHUSETTS CITY SOLICITOR
70 WASHINGTON STREET
SALEM, MASS. 01970
744-2172
April 24, 1972
Mr. Daniel J. O 'Brien
City Building Inspector
Broad Street
Salem, Massachusetts 01970
Dear PL-. O'Brien :
You have requested the opinion of the Salem Legal Department
concerning the application of Mr. Arthur Jannell to operate a
snack bar on his property at 37 Turner Street in Salem. This
property is in a B---z-one which allows such use of the property.
On July 2, 1969 Mr. Jannell was granted a variance by the Board
of Appeals to erect a garage on the .same parcel of land, an
undersized lot , now proposed to be used for a snack bar. The
terms of the variance did not encompass or contemplate using this
land portion for a snack bar. Clearly its use as a snack bar can
in no way be predicated upon the variance which , if it is no
longer to be relied upon for storage becomes irrelevant . A snack
bar is a permitted business use in this district , (see Sec. V-B1-S
of the Zoning Ordinance) ,and he may therefore so use his property.
Permissible uses under the Zoning Ordinance are not terminated by
an enlargment to specified``additional uses by variance. A legally
constructed garage building now exists and may be used as a snack
bar as permitted by the Zoning Ordinance.
Very truly yours ,
William H.K. Donaldson
Assistant City Solicitor
WHKD :nl
MD
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CIN OF SALEM ALBERT R. PITCOFF
MASSACHUSETTS CITY SOLICITOR
70 WASHINGTON STREET
SALEM, MASS. 01970
744-2172
April 24 , 1972
Mr . Daniel J. O 'Brien
City Building Inspector
Broad Street
Salem, Massachusetts 01970
Dear Mr. O 'Brien :
You have requested the opinion of the Salem Legal Department
concerning the application of Mr. Arthur Jannell to operate a
snack bar on his property at 37 Turner Street in Salem. This
property is in a B-1 zone which allows such use of the property.
On July 2, 1969 Mr. Jannell was granted a variance by the Board
of Appeals to erect a garage on the same parcel of land, an
undersized lot , now proposed to be used for a snack bar. - The
terms of the variance did not encompass or contemplate using this
land portion for a snack bar. Clearly its use as a snack bar can
in no way be predicated upon the variance which , if it is no
longer to be relied upon for storage becomes irrelevant . A snack
bar is a permitted business use in this district , (see Sec. V-B1-S
of the Zoning Ordinance) and he matefo e so use his pro e�r,_t�_
Permissible uses under the o�Ordinance are no erminated Uy'
an enlargment to specified additional uses by variance. A legally
constructed garage building now exists and may be used as a snack
bar as permitted by the Zoning Ordinance.
Very truly yours ,
William H.K. Donaldson
Assistant City Solicitor
WHKD :nl
°v itu of �ttleni, r ttssttcltuse##s
C Pnarb of 3$ealth
5 ,L4rnaD �trert
� 31. TZ101n, ?,iL E , (114airman
�I.Aima (Lnuntie
_Taltn J. ('�aomeq 3c9.�.@i. ,�9-c"•
N..ah€sna
Jaseph 3R. idrarD
May 231 1972
'vim. H. K. Donaldson, Esq.
Assistant City Solicitor
6 Lynde Street
Salem, MA 01970
Dear Mr. Donaldson:
The 1776 House on 37 Turner Street has indicated they plan
to open and operate a Food Service Establishment.
Prior to issuing the Food Service Permit, on 37 Turner Street,
we would appreciate receiving a rulingon compliance with
Zoning Ordinances of Salem.
An early reply would be appreciated, as we are holding un the
Food Service Permit.
Very truly yours, Reply to:
FOR TIS BOARD OF HEALTH
JOHN J. TOO&Y, D.3.C. Colin E. Cameron, R.3.
Health :gent Senior Sanitarian
CC,: Building Inspector
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No-------------------------
Application
___.__.- -_____Application for Permit for Alterations, Repairs, & Demolitions
Location, Ownership, and DETAIL Must Be Correct
Permits Must Be Obtained Before Beginning Work
Salem, Mass.. .... `'--------- ------- 19_
To the INSPECTOR OF BUILDINGS:
The undersigned pplies for a permit to -------- _ 9 - -------------- the following described building: ___-_______
Location ----- '3 a -I------------------------------------- Ward and - ----- -----
Name of owner ____ yR_ _ _ ___ _ ? r _ u '� -------- Name of occupantkS6 " ^r�k4__
- T
Name of mechanic or Contractor _______ ____ _____________- Name of architect ________.____-.--_-___.----------------
Number of Stories ____________________ Material of Roof-------------.----------------; Material of Building ____-_.-__-____________-_________.___
Sizeof Building ---------------------------- ----- - ------------------------- ---------------------- --------------
I st
-------------Ist Floor -__ �� rhx } 'F ------------ 1st Floor
2nd Floor ------------------ - --------------------- 2nd Floor -------------
Existing use of Building 3rd Floor----------------------------.----------------- If vacant show Previous Use 3rd Floor______________-
4th Floor ------------------------- ------------- -- 4th Floor -------------
5thFloor ---------------------------------------,:--- 5th Floor -•----------
1st Floor A_.tSc4✓X<--1. -=Sd•------------------------- -----------------------------
2ndFloor -------------------------- ----------------------------------------------------------------------------------
Proposed use after Alterations 3rd Floor-----------------------------------------------------------------------------------------------------------
4thFloor-------------------------------------------------------- -------------------------------------------------
5tbFloor --------- -------- ---------------=------------------------------
Are 10 or more people employed? ------------Y� ¢! �--------------------------------------------------
On What Floors? -----------------------
_
Will 50 or more people assemble? ----------------------------- -------------------------------------------- On What Floors? --____._______-___.
DETAIL OF PROPOSED AL'TERA'TIONS, ETC.
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EstimatedCost or Valuation of ewNK Y3 ' -�- -- 9r 4- ` "'A° �°�"'�� �
Note: Separate Permits required to o p. sfd ewalk or for Plumbing and Electrical Work.
IMPORTANT: Show Lot Plan on back of this application, drawn to scale, showin.- location of Present
_ Structure.
Signature of Owner or -
Authorized Representative ----------------- ---------------------------------------------------------------------.------
x
Residence
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CITY OF SALEM9 MASSACHUSETTS
�. BOARD OF HEALTH
3 y
�r 120 WASHINGTON STREET, 4TH FLOOR
. "f SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
February 13, 2004
Michael Levinson
1 Waldron Court Place
Marblehead, MA 01945
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105
CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR
410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,
an inspection was conducted of the property37-Turner-Street-1--Roccupied by Lucas &
Christine Pickford conducted by Virginia Moustakis,Sanitarian on Thursday February 12,
2004 @ 5:15 p.m.
Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the
property owner's responsibility to notify tenants of lead related reports and tests, and to ensure
that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention
and Control. For further information or to request an inspection, contact the Salem Board of
Health at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the
enclosed inspection report.
Failure on your part to comply within the time specified on the enclosed inspection report will
result in a complaint being sought against you in Salem District Court. Time for compliance
begins with receipt of this Order.
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 in 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.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of
the statutory remedies available to them as outlined in the enclosed inspection report form.
For the Board of Health Reply to:
Jloannne th Virginia Moustakis
Health Agent Sanitarian
CERTIFIED MAIL 7003 1680 0006 5995 9394
cc: Tenant, Atto y Chris Henderson,25 Lynde St.,Salem,MA John Giardi,Electrical Department John LeClerc,
Plumbing InspeLtor Tom St.Pierre Building Inspector Councillor Lucy Corchado
r
CITY OF SALEM, MASSACHUSETTS
O. BOARD OF HEALTH
• 31 : 120 WASHINGTON STREET. 4TH FLOOR
SALEM, MA 01970
TEL. 978-74 1-1800
Qora FAX 978-745-0343 Page 1 of 9
STANLEY USOVICZ. JR JOANNE SCOTT. MPH. RS. CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter It: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant - /._„- w ClZ:ZA,'Iz' ALCKr:<11Q V Phonei/-F2 7•�d_- FZY4 _
Address: 37 niktt �k k Apt.#__4 Floor
Owner: Ls i l gl4tIv Address: �Xt, Fc4cC
Inspection Date:��'-i�-o% Time: r1,6-Am
Conducted By: i//&,�.s7y,kts Accompanied By: p,ry6�rlpK. t�/ 7or/NC�t �i
Anticipated Reinspection Date: � �E�`%� /" f'Ec � `7�r�i✓
f vLd/v�Zccs/�K�d,C 7M ur4ex,41'
TENA N-
Specified Time Reg.#410.. Violations)
Based on a tenant complaint an inspection was conducted in accordance
with Article 11 of the State Sanitary Code 105 CMR,410.000.
Upon inspection the following were noted:
Kii 5 - ' .,
!tea s Ec.
'116M IAIL
tc
- rAl LOOA u
B P ' �
� •.��,, ,35 r oma" �!G' i
One or more of the above violations may endanger or materially impair the health
safety, and well being of the occupant(s)
Code Enforcement Inspector
Este es documento legal importante. Puede clue afecte sus derech'os.
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CITY OF SALEM HEALTH DEPARTMENT
• - Salem, Massachusetts 01970 Page _,Z_ofV-
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Name: S vp4e ,i'AgZ&E 4(-AAOf'/� Address: 3d TUX A' 5',P_
Specified Time Reg.#410.. Violation(s)
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'I DAVID L . FLAHERTY
( JOHN W. PARSONS SURVEYOR
4 STREET 480 LINCOLN AVE SAUGUS,MASS.
WHITE SCALE i IN. 20 FT. FEB. 9, 1932
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WARD COUNCILLORS
LEONARD A. CAWLEY, JR. 7978
COUNCILLORS-AT-LARGE PRESIDENT
1978 - GEORGE A. NOWAK
JOSEPHINE R. FUSCO STANLEY J. USOVICZ. JR.
LEONARD A. CAViLEY. JR. CITY CLERK STEPHEN P. LOVELY
JOSEPH M. CENTORINO
FRANCES J. GRACE
JEAN-GUY J. MARTINEAV
BRIAN T. O KEEFE -
GEORGE F. MCCABE
JEAN-MARIE ROCHNA JAMES M. DALY
September 26, 1978
Board of Appeals
One Salem Green
Salem, Mk 01970
Attn: Ms. Ethel Crowell }
Ladies and Gentlemen of the pard!
I would like to express 'myoppositionto the appeal of adding
another apartment at the�Turner Street address that is in
question tonight.
Not long ago the owners came before your board and asked to add
on to their property and informed your board they would not
make any other additions.
I feel that the neighbors would suffer if added apartments that
do not have ample parking were added to the area.
Please consider the residents of the area, as you have in the past.
Very truly yours,
GE0161A. NO'WAiC
Councillor-Ward 1
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Application for Permit for Alterations, Repairs, & -Demolitions`
Location, Ownership, and DETAIL Must Be Correct '
Permits Aust Be Obtained Before Beginning Work
Salem, Mass;, --e'J.3� 19TH• '
To the INSPECTOR OF BUILDINGS:
The undersigned pplies for a permit to _____As-✓'��------------ the following described building: —
Location ._�_��--.�!%ri,�r_vi�-- ---` --• - • � -—-------------------� _ Ward -.�--•-
Name of owner ___._�•,,r�_.._.. - Ff� Name of occupanrUi.! �'-�'. • __
Name of mechanic or Contractor ____, �_ _ - ----------------------------
Number
__-- -_---- .. ._ Name of architect
Material of*Building ...____.—._.—_
Number of Stories ----__..__....__._; Material of Roof-----------...................: g
Sizeof Building ----•------•---•- ------------------------- ...................................... - -- -----
1st Floor -ate r ��- +r+.�r=:._---.__ 1st Floor
2nd Floor - -------- -------------- -------- 2nd Floor
Existing use of Building 3rd Floor------------ ............................. If vacant show Previous Use 3rd Floor
4th Floor------------------------------------------•-- 4th Floor—_
5th Floor -------------•------------- 5th Floor
/� _ --_
1st Floor --- 1S.sEi� --hr's= -f-. ---....._� v—�_--
2ndFloor -------------------•-----•-•------------•---
Proposed use after Alterations 3rd Floor_______________________-..-..-___----..--_------•-.�..__...____._._—_
4thFloor--------------------------•------------•------------- — - --- ----
5thFloor ----------------------------------------------=- - - _� - —---- —
Are 10 or more people employed? _______ r......................._....... ---- On What Floors?
Will 50 or more people assemble? ---------------------------------------------------------------------- On What Floors? ------.._.
DETAIL OF PROPOSED ALTERATIONS, ETC.
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Esnmated Cost or Valuation of New Wo; X5}_1__,
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Note: Separate Permits required to occupy sidewalk or for Plumbing and Electrical Work.
IMPORTANT• Show Lot Plan on back of this application, drawn to scale, showing location of Present
Structure.
Signature of Owner or ....
Authorized Representative --------•-------••-----------•- ---------------•--•----------•— ----—
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CITY OF SALEM ALBERT R. PITCOFF
MASSACHUSETTS CITY SOLICITOR
. 70 WASHINGTON STREET
SALEM, MASS. 01970
744-2172
April 24, 1972
iLr. Daniel J. O 'Brien
City Building Inspector
Broad Street
Salem, Massachusetts 01970
Dear PLr. O 'Brien:
You have requested the opinion of the Salem Legal Department
concerning the application of "r_ Arthur Jannell to operate a
snack bar on his property at 37 Turner Street in Salem. This
property is in a B-1--zone which allows such use of the property.
On July 2, 1969 Mr. Jannell was granted a variance by the Board
of Appeals to erect a garage on the same parcel of land, an
undersized lot , now proposed to be used for a snack bar. The
terms of the variance did not encompass or contemplate using this
land portion for a snack bar. Clearly its use as a snack bar can
in no way be predicated upon the variance which, if it is no
longer to be relied upon for storage becomes irrelevant_ A snack
bar is a permitted business use in this district , (see Sec. V-B1-S
of the Zoning Ordinance) and he may therefore so use his property_
Permissible uses under the Zoning Ordinance are not terminated by
an enlargment to specified additional uses by variance_ A legally
constructed garage building now exists and may be used as a snack
bar as permitted by the Zoning Ordinance.
Very truly yours ,
William FI_K. Donaldson
Assistant City Solicitor
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WARD COUNCILLORS
JOSEPH M. CENTORINO 1981
COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A. NOWAK
1981 JOSEPHINE R. FUSCO JOHN F. NESTOR. III
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
FRANCES J. GRACE
JOHN J. GIARDI ROBERT J. LE BLANC. JR.
ROBERT E. HEALEY GEORGE F. MCCABE
BRIAN T. O'KEEFE JOHN R. NUTTING
May 18, 1981
Mr. William J. Tinti
City Solicitor
City of Salm
Salem, MA 01970
Dear Mr. Tinti:
This is a letter that I received from one of my constituents. It
seems to me that the owner of the building next door has been before the
Board of Appeals a number of times and has lost, but he then goes ahead
and does what he wants.
I feel legal action should be taken against him. Could you please
clock with the Board of Appeals, and the Board of Health, and possibly
help this family.
Mrs. Sawicki lives at 39 Turner Street, and Mr. Flaherty's building
is at 37 Turner Street.
A copy of Mrs. Sawicki's letter is enclosed.
Sincerely,
GEORGE A. NOWAK
COUNCILLOR WARD ONE
GAN/deb
Enclosure
3
WILLIAM J. TINM RICHARD W. STAFFORD
TI CITY OF SALE
I TC ASSISTANT CITY SOLICITOR
CITY SOLICITOR tJ4ASSACFIUSE. 1S I 70 WASHINGTON STREET
70 WASHINGTON STREET
SALEM. MA 01970
SALEM. MA C1970 744-2172
744,^.172
May 19 , 1981
Mr. Robert Blenkhorn
Health Agent
Health Department
Shaughnessy Hospital
Dove Avenue
Salem, Massachusetts 01970
Dear Mr. Blenkhorn:
Please forward to me all information in regard to the Complaint
forwarded to me by Councillor George A. Nowak, a copy of which I
have enclosed for your convenience.
Sincerely,
William J. Tinti
City Solicitor
WJT/dlg
enclosure
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RICHARD W. STAFFORD
WILLIAM J. TINTI CITY OF SALEIV� ASSISTANT CITY SOLICITOR
CITY SOLICITOR MASSACHUSETTS 70 WASHINGTON STREET
70 WASHINGTON STREET SALEM. MA OIS70
SAL--;A, MA C1370 744-2172
744-2172
May 19 , 1981
Mr. Dick McIntosh
Building Inspector
One Salem Green
Salem, MA 01970
Dear Dick:
Please forward to me all information in regard to the Complaint
forwarded to me by Councillor George A. Nowak, a copy of which I
have enclosed for your convenience.
Sincerely,
William J. Tinti
City Solicitor
WJT/dlg
enclosure
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SRC4pVE
CITY OF SA!EM, RICHARD W. STAFFORD
WILLIAM J. TINTI c —rc ASSISTANT CITY SOLICITOR
CITY SOLICITOR n^ASSACHUSEI IJ 70 WASHINGTON STREET
70 WASHINGTON STREET SALEM. MA 01970
SAL=t+.. MA C1970 744-2172
744-2172 i
May 19, 1981
Mr. Douglas Hopper, Chairman
Board of Appeals
51 Dearborn Street
Salem, Massachusetts 01970
Dear Mr. Hopper:
Please forward to me all information in regard to the Complaint
forward to me by Councillor George A. Nowak, a copy of which I
have enclosed for your convenience.
Sincerely,
William J. Tinti
City Solicitor
WJT/dlg
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R.T. McIntosh
011ie `�alrw 6rren
7,15-0213
May 22, 1981
Mr. William Tinti
City Solicitor
70 Washington Street
Salem, MA 01970
Dear Bill;
Here is all I have on #37 Turner Street as you requested.
I met with Mr. Flaherty May 11. He tells me that he will forward a copy of Deed
for 2 parking spaces which will be in the rear of Gables Settlement house which
is within 400' of his property.
He tells me that he is letting someone sew parachutes in the basement X637 Turner St.
at no charge.
I told him that in my opinion he could not do this and that he could not use the
rear garage for anything other than a snack bar as per opinion of William H;K.-
Donaldson, April 24, 1972.
Very truly yours,
Richard T. McIntosh
Building Inspector
RTM/kad
DATE OF HEARING
PETITIONER ,
LOCATION�7 n /iLCniW�<.,a
MOTION: TO GRANT SECONDED
TO DENY��? —P,�— SECONDED
LEAVE TO WITHDRAW SECONDED
ROLL CALL ABSENT PRESENT GRANT DENY ITITHDRAW
ANTHONY FEEHERRYy
JAMES HACKER
DOUGLAS HOPPER
ARTHUR IA BRECQUE
JOSEPH PIEMONTE /
ASSOCIATE MEMBERS
EDWARD LUZINSKI
JEAN-GUY MARTINEAU
DISCUSSION .& CONDITIONS:
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Special Counsel
WILLIAM J. TINTI CITY OF SALEM RICHARD W. STAFFORD
CITY SOLICITOR �, C Xfi%2TXhX1XSS'X`X�aT-ATRFX
70 WASHINGTON STREET MASSACHUSETTS 70 WASHINGTON STREET
SALEM. MA 01970 SALEM. MA 01970
744.2172 744-2172
June 12 , 1981
Mr . Richard McIntosh
Building Inspector
One Salem Green
Salem , MA 01970
Dear Dick :
Enclosed please find all of the available City
records in regard to the use of the property at
37 Turner Street .
I would appreciate it if you could read through
these records preparatory to a meeting in my office ,
which I hope to set up some time next week .
Yours sincerely ,
William J . Tinti
City Solicitor
WJT/mld
Enclosures
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9 WARD COUNCILLORS
JOSEPH M. CENTORIIN0
COUNCILLORS-AT-LARGE PRESID�l�lTT nRECEIV�
1981 y/IS�l•ALL CQ GEORGE A. NOWAK
JOSEPHINE R. 3&S eml MASS .
JOHN F. NESTOR. III
JOSEPH M. CENTORINO CITY CLERK • STEPHEN P. LOVELY
FRANCES J. GRACE
JOHN J. GIARDI ROBERT J. LEBLANC, JR.
ROBERT E. HEALEY GEORGE F. MCCABE
BRIAN T. O*KEEFE JOHN R. NUTTING
Allay 18, 1981
Mr. William J. Tinti
City Solicitor
City of Salem
Salem, MA 01970
Dear Mr. Tinti:
This is a letter that I received from one of my constituents. It
seems to me that the owner of the building next door has been before the
Board of Appeals a number of times and has lost, but he then goes ahead
and does what he wants.
I feel legal action should be taken against him. Could you please
check with the Board of Appeals, and the Board of Health, and possibly
help this family.
Mrs. Sawicki lives at 39 Turner Street, and Mr. Flaherty's building
is at 37 Turner Street.
A copy of Mrs. Sawicki's letter is enclosed.
Sincerely,
GEORGE A. NOWAK
COUNCILLOR WARD ONE
CAN/deb
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CII f LLEo4' 'b ji"FICE SEPTEMBER 26, 1978
SALEM MASS.
DECISION ON PETITION SUBMITTED BY DAVID FLAHERTY CONCERNING PROPERTY
LOCATED AT 37 TURNER STREET (B-1 DISTRICT)
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening News .
on September 11 and 18, 1978 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. The Petitioner wishes to
add a one bedroom apartment to a structure located at 37 Turner St. Said structure
was originally built as a garage for storage and now houses a gift shop on the first
floor. A variance was granted for the building at that time. There is also another
structure on the same property.
Several abutters appeared in opposition to the granting of the variance and pointed
out that there is a problem in the neighborhood now with traffic congestion and they
feel that the granting of the variance would bring in more people who will add to these
problems and also, it is a fire hazard.
The property is already non-conforming as to density and they feel that any addi-
tional increase to the density problem would be detrimental to the surrounding neigh-
borhood.
The Board voted to deny the variance requested. The Board found that since there
was no specific hardship on that particular property that would support a variance. The
Board also could not grant said variance without substantial detriment to the surrounding
neighborhood and without adding to the problems which are already present in the neigh-
borhood.
VARIANCE DENIED *********
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF
THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IS SUCH AN 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.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
Jane. T. Lundregan
'- Secretary
011 oil h '78 IItYTA� tlf IT?1PZL 744-6900
Cay L,Ex. .'z .ii FTE SEPTEMBER 2.6, 1978
SALEX HASS.
DECISION ON PETITION SUBMITTED BY DAVID FLAHERTY CONCERNING PROPERTY
LOCATED AT 37 TURNER STREET (B-1 DISTRICT)
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening News
on September 11 and 1.8, 1978 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. The. P_etitioner wich�to
add a one bedroom apartment to a structure_located at 37 Turner St, Said structure
was originally built as a� garage for storage and~now houses a gift shop on the first
floor. A variance war granted for the building at that time. There is also another
structure on the same property.
Several abutters appeared in opposition to the granting of the variance and pointed
out that there is a problem in the neighborhood now with traffic congestion and they
feel that the granting of the variance would 'bring in more people who will add to these
problems and also, it is a fire hazard.
The property is already non-conforming as to density and they feel that any addi-
tional increase to the density problem would be detrimental to the surrounding neigh-
borhood.
The Board voted to deny the variance requested. The Board found that since there
was no specific hardship on that particular property that would support a variance. The
Board also could not grant said variance without substantial detriment to the surrounding
neighborhood and without adding to the problems which are already present in the neigh-
borhood.
VARIANCE DENIED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF
THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IS SUCH AN 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 OWBiER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH TEE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
t Jane. T. Lundregan
Secretary
FIRST DISTRICT COURT OF ESSEX
APPLICATION FOR A COMPLAINT OR WARRANT
COMPLAINANT QT�Y OF SALEM ADDHESS 1 SALEM GREEN
ALLEGED DEFENDANT DAVID_ L. FLAHERTY ADDRESS 28 Preston Beach Rd.
fit House Contains Mine Tn..n One I-anuly, Dcseptrntc Wnrch Ahartmunt) Marblehead,Ma 01945
DATE OF BIRTH
OFFENSE - VIOT ATTON OF TTTY 7nNIMC ORTITNANrp
(Give Chapter and Section of Stdtute. Ordinance or Regulation Violated)
DATE OF OFFENSE CONTINUING PLACE OF OFFENSE 37 TURNER STREET
(Or it for Non-Support. Length of Time No Support Had) SALEM,MA01970
STATE IF DEFENDANT ARRESTED _YES X NO DATE OF ARREST
WAS DEFENDANT BAILED —YES X NO AMOUNT $
INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS
LICENSE ISSUED
REGISTRATION • ISSUED
OWNER
INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS
JUVENILE ADDRESS
AGE
FATHER ADDRESS
MOTHER. ADDRESS
FACTS UPON WHICH YOU HELY FOR COMPLAINT TO ISSUE
Defendant has failed to comply with requirements detailed in letter dated June 19,1981
certified mail (copy enclosed)
Repeated complaints and inquiries by neighbors, Ward Councillors etc. requires that
this matter be resolved by the courts
WITNESSES Richard T McIntosh _
Zoning Enforcement Off•rer
City of Salem
DATE OF APPEARANCE IN COURT- -
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Public VraprfU Bzpartraent
pJLCY:tVr23uning caqarfrtent '
Richard. T'. McIntosh
One Salem Green
745;-11213 June 19,1981
David L. Flaherty
28 Preston Beach Rd. RE: 37 Turner Street
Marblehead,Ma 01945 Salem,Ma
Dear Mr. Flaherty:
You have failed to provide the parking that is required
for the third apartment at the above referenced property.
I therefore require you to cease and desist from using{
same and to cause it to be vacated immediately.
Any parking that you can provide is subject to approval from
the Board of Appeals.
You are also required to submit a Certified Plot Plan (done
by a Registered Surveyor) regarding the side yard setbacks as they
pertain to the exterior stairway leading to the second £1oor.
Any Certificates of Occupancy that you now have for the
property are hereby revoked.
You are also in violation of the Zoning Ordinance as regards
B-I Districts, which does not allow for manufacturing, such as sewing
of parachutes in the basement level. -
Failure to respond to any of the above will result in such
action as the District Court shall determine.
ery truly yours,
Richard T. McIntosh
RTM:mo" s Zoning Enforcement Officer
Building Inspector
cc: Sophie Sawicki Director of Public Property
William Tinti
Councillor George Nowak
CERTIFIED MAIL 0024580
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A a ittCtlic rit ertg epartttteut
�:CuiCt)inq :lDepartment -
R.T. McIntosh
G)nr ,�alrw OSrrrn -
74_5-0213
May 6, 1981
David L. Flaherty
28 Preston Beach Road
Marblehead, MA 01945
RE: 37 Turner Street
Salem, MA 01970
Dear Mr. Flaherty;
Please be aware that the above captioned property is only authorized for
2 apartments only, because you do not have adequate parking to allow for
3 apartments.
Your petition to the board of appeals of December 17, 1980 was denied.
You are in violation of the zoning ordinance if you have 3 apartments.
I am told that a Mr. Zielenski did not convey any land to you.
Will you please contact me as regards the above so that this matter may be
resolved.
Very truly yours,
•
1xC_ f
Richard T. McIntosh
Zoning Enforcement Officer
RTM/kad
cc Sophie Sawicki
39 Turner Street
Salem, MA 01970
3654%
KNOW ALL MEN BY THESE PRESENTS THAT I, Sophie C. Sawicki, formerly ~„
Sophie C. Kross
2 9':6 of Salem, Essex county,Massachusetts
f
bsiaerrfnd, for consideration paid,grant to
Elmer W. Liebsch
� r
" } of said Salem
r�
with W%rtWAtg CRatttsdttd
thelandid said Salem with the buildings thereon bounded and described
A as follows:
t Southwesterly by Turner Street twenty eight and two 'tenths 4
(28.2) feet, northwesterly by land now or formerly of McDonald thirty h'
"seven (37), feet, northeasterly by said land of McDonald one and fifty
eight one-}sundredths (1.58) feet, northwesterly by other land of said
McDonald seventy eight and eighty five one-hundredths (78.85) feet,
northeasterly by land now or foraerly of Sokol-on two courses twenty
two and forty nine one-hundredths (22.49) feet and twenty two and four
:tenths (V.4) feet, respectively southeasterly by land now or formerly
t= `of Doret forty four and eighty five one-hundredths (44.85)- feet south- �
wester1y by land now or formerly of Magilson twenty one and sixty five r
one-hunndredths (21.65) feet. and southeasterly *-said land of Magilson '
seventy'two and four-tenths (72.4) feet. For title see Book 3589-Page a ; <
;453. ` Sitb�Uot to encumbrances of record. The consideration hereof is
•`less than one hundred dollars.
u ,
✓ _ � "8w Y CL«b. zi" ._ -
f _T. wicks _�... husband of said grantor, F
-+rife- r
relwse to said grantee all rights of tet#3ncy b _the curtesy and other interests therein. 3
1 sw .
t e l t�5f3 � CUr hands and seal sthis.—alghteenth---day of__—.__.Mar.Qh 19 49
ffIttp Mttttr 411# of fises8 4UfiW0 _ 11 AI
T.._---...__................... .........._. .... ........BQar_cYL.1$,--�t9 49 . .
Thenpersonally appeared the above-named.... ... ........ ....._....... _............ .. ...._. ..._........ . .........
r »- A .
It
80.phis....C.......Sawit:ki.. ........ . ..
F
and admawlelged the foregoing instrument to be___.het_..frep.®ct and deed, before m
-.wu • e
x
Thomas •B.Ciesinski •�.Ur P.W.
Essex ss. Received Mar. 22, 1949. 15 m. past 9 A.M.Recorded and Examined.
pv
of 561m, fflassurbutts
nr.
PIIarh Vf Appeal
"81 JAIL -2 A9 :2.0
DECEMBER 17, 1980
CITY CLEPK"S OFFICE
SALE."
DECISION ON THE PETITION OF DAVID L. FIA.HERTY REQUESTING A VARIANCE FOR 37 TURNER
STREET
A hearing on this Petition was held on December 17, 1980 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, LaBrecque,
Feeherry and Hacker. Notice of the hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News on December 3, ,
and December 10, 1980 in accordance with Massachusetts General Laws, Chapter 40A.
The Petition of David L. Flaherty requests a variance to allow him to
satisfy the parking requirements for a third apartment at 37 Turner Street,
by leasing parking spaces on another lot. The building at 37 Turner Street is
in a B-3 district. A variance is required because a third apartment at this site
requires at least two additional of£street parking spaces on the same lot or on
a lot owned by the same persons within four hundred feet of the site. The
Petitioner cannot meet this parking requirement.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of fact:
1. The property in question currently has 2 apartments and a 400 square foot
commercial use.
2. The petitioner proposes to provide parking for a third apartment at this.
site by leasing parking spaces elsewhere in the neighborhood.
3. There was considerable opposition from the neighbors to the petitioner's
proposed plan.
On the basis of the above findings of fact, and other evidence presented ate
the public hearing, the Board of Appeals concludes as follows:
1. The Petitioner has failed to provide adequate parking for a third apart-
ment at 37 Turner Street in accordance with the Salem Zoning Ordinance.
2. The Petitioner's plan to lease parking spaces does not give adequate
protection to guarantee that parking will be provided in this extremely congested
area.
3. The Petitioner failed to establish circumstances relating to his land
or structure which affect that property but do not generally affect the zoning
district in which the property is located.
Jb
2 1 A'1tJ IIfTIPiT[� eTScTCLtnP 'a
uttr� .4 cAppeal
DECEMBER 171980
DECISION - PAGE TWO - DAVID L. FLAHERTY - 37 TURNER STREET
4. The Petitioner failed to establish that a literal enforcement of the
provisions of the Salem Zoning Ordinance as applied to 37 Turner Street would
involve substantial hardship to the Petitioner.
5. The Petitioner failed to establish that the requested variance could
be granted without substantial detriment to the public good and without nullify-
ing or substantially derogating from the intent and purposes of the Salem Ordinance.
Therefore, the Board of Zoning Appeals with voting in opposition to the
granting of the requested relief, denies a variance to the Petitioner, Messrs.
Hopper, Hacker, LaBrecque and Feeherry voting to deny the variance; Mr. Piemonte
in favor of granting the variance.
DENIED
Anthony Merry
Secretary
APPEAL FROM THIS DECISIuid, IF A`IY. SPALL BE MADE PU"SUMIT TO SECTIOPI 17 OF.THE MASS.
GEYTAL LP.':"IS. C}:dpicR GGd, ACID SHnLL Er F -1 '�iH;tr 2G DAYS A"' TFE DACE OF FILi�G.
OF T}IIS GECIS!':1 1! THE Or .i Tt.E qtr' 1 c l;,^,A,, , C SKM Pcc'iT
Gn.,t:TcD }IEpc. rCy Oi;r R COPY OF
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FICAM-i OF 1'.,;E CIF( f ER' T"21: 'rla ! IT '..S p - ` .
J IS
.. - OR TH:1i. If Sd°[: AN A(- I �lA ' G'O r".J IItJ v _.. T r'� :. Cr Id_ GUN;R -
RECO2DED 1N T}iE 4,'.JY!I E.c R S, i -
. . OF RECORD OR IS KCORD`ED AND t1u�ED Oi•l��_ C lLER'S CEc.i 1r�..Ai AGF TALC-.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
�} Laa� Y� 5 Vra +M tai i a.l cS a' -3 h-�:w` -m E yiS `�
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MOW_ALL_DM._BY_THESE .PRESENTS TEATZ� . Liebsch .... 297
E' — ... . ...................._
-
.____:_---
_....
. ........_.......
' of -Salem,, . ...... .. .... Essex County, Dtassachusetts,
�a .a, for consideration paid, to. . JOhn J.SB>�icki and SO hi
rante Sr. Salgic)Si.,..._ Soii�l t
w __hus3land._and_ i�@,....As.. Vensnt-4 .by__the.....ontiretvs. both ............
"
......... ........................................... ..............
of _.._..._......................
_with gattrtatm roarnanto
i`z; . x _ ____ _ .__...._.._.
Z the land in-said-SalEm_W.ith_..the _.buildings--.then-eon,..-bounded_..and_.d@Sc.rlbed.
an Collo:a.a_. ____.._.._..__ .._.. ..................
- Southwesterly by Turner Street twenty eight and two-tenths
--(28.2) feets`aorthwesterly by land now or formerly of McDonald thirty
un .. seven Z37� feet, northeasterly by said land of McDonald one and fifty '
eight one-hundredths (1.58) feet' northwesterly by other land of said
: . McDonald seventy eight and eighty five one-hundredths (78.85) feet
northeasterly by land now or formerly of Sokol on two courses• twenty
two and fort nine one (22.49) feet and twenty two and four
C b: y
ff ` tenths '(22.4) feet respectively, southeasterly by land now or' formerly \
of Doret forty four and eighty five one-hundredths (44.85) feet south
,, westerly by land now or formerly of Magilson twenty one and sixty five
`n one-hundredths (21.65) feet and southeasterly by said land of Magilson
seventy .two and four-tenths (72.4) feet. Being the same premises con-
4, _' veyett t6 me by deed of said Sophie C.Sawicki recorded herewith. Subject
; ,• to encumbrances of record. The consideration hereof is less than one j
hundred dollarse
n
x
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wife of said grantor,
aY �.
release to said grantee all rights of dower and homestead and other interests therein
j t ,
k
`x ?7 traa: Out .]land a and seats this.—elght.e.enth---------day 49 '
zP - - - -........ .: :.. .... .... . - --._ ................
....._........._..............................-..._......._.._ ...................................................................,. .......... ._................
'� af}e iCntrntuntuettlih of i€{tt�Barllucetfu
r .
A —_.. .---............. ........ _....._..Mar9h._..18.r._._ 19 49
m Then personally appeared the above named_..._...___ _...._.._................................
._._..._.......___....___....__._:Elmert._Llebsch................._.......
454" and acknowledged the fdmgoing instrument to be...........his.... free act,2rA deed,before me
4
w
.... N.nn rubiie—�eNeve4tEeTe�ee+
Thomas B. Ciesinski
Essex ss. Received Mar. 229 1949. 15 1n. past 9 A.M.Recorded and Examined.
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AY. ARAGE OH Pg-T-ZTTOTf OY AtTtIVH i � IATiN YI_L TO Y_ta Y.CT f`
A GARAGE AT
on coY`c 37 TURNEfi STREF"f`
The inspector of Buildings refused to issue a permit to erect a garage at
this location as the plan submitted showed an undersize lot and insuffic-
ient rear yard, and coverage of the lot by all buildings would exceed
that permitted by the City Zoning Ordinance.
Petitioner appealed to the Board of Appeal and a hearing was held on this
petition on June 23, 1969, pursuant to notices mailed postpaid to the pe-
titioner, Board Members, abutters, and others and advertisements published
in The Salem Evening News.
Four Board members were present at this hearing, includingWilliam F. Ab-
bott, acting chairman, James Boulger, Joseph Doyle, and Arthur Labrecque.
Petitioner appeared and stated he owns and operates a business known as
"The Old Pepper Company" t candy makers at this location, and needs the
€-'.:gage to enable .him to conduct his business and to replace one that was
torn. down. The following, all abutters, signed a written communication
that they had no objection to the erection of this garage:
Sophie -Sawicki, 39 Turner Street Stanley Zielinski
3
Stanley Jaskiel, Sr. , 109 Derby Street Frank Konieczny, .105DerbyeStreet
Alice Jordan, 97 Derby Street.
No one appeared in opposition.
After reviewing the facts presented in this case the Board, finding that a
garage was a necessary addition to conducting this business voted unani-
mofIsly to grant this appeal to relieve hardship to the petitioner, and
feeling that to grant the appeal would not derogate from the intent and
purpose of the Ordinance and would cause no detriment to the public good.
I .
?PEAL GRANTED. BOARD OF APPEALS,
BY
(/ Secreta
ti
li (�
L;wU �
Sic N -
rw
� f-
I(7 '('ftf: tK7nxL a.•h iat'f•t:AL9p. - _
Und .."
j
The c 'fined re rexnc duc ie- arc Q.c -Uwaura nl a een
-z 7 P lu
-
--------- ---------- .......... .....Scrcet; Zoning District........................
.> and said Parcel is affected by Article..____--- of the Salem Zoning By-Laws and Section_--------------------- of
the Building Code of the City of Salem.
Plans describing the work proposed, have been submitted to the Building Inspector in accordance with
Part 2, of the Building Code of the City of Salem. Briefly, the work is as follows:
The Application for Permit was denied by the Building Inspector for the following reasons;
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws
and the Salem Building Code and order the Building Inspector 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 By-Laws and Building Code for the following reasons:
Date.................................................... Petition .......................... .. -------
By - ---------- ---------- - . ... -.
Address-1 .. .._. .- -------- --- ` �. ---
This application must be filed at the City Clerk's Office with a check, for advertising in the amount of
-------------------- four (4) weeks prior to the meeting of the Board of Appeals. Check payable'io The
Evening News.
(�Iitu of
(Officr of 11je Gritg 9MIrtril
M
1:;- j
WARD COUNCILLORS
FRANCES J. GRACE 7980
COUNCILLORS-AT-LARGE PRESIDENT
1980 :;F: S GEORGE A. NOWAK
JOSEPHINE R. FUSCO JOHN F. NESTOR. III
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
JOHN J. GIARDIFRANCES J. GRACE
November 19, 1980 ROBERT J. LE BLANC. JR.
ROBERT E. HEALEY GEORGE F. MCCABE
BRIAN T. O'KEEFE JOHN R. NUTTING
Mr. Jams H. Boulger, Chairman
Board of Appeals
One Salem Green
Salem, Mass. 01970
Dear Mr. Boulger and Members:
I would like to be recorded as being opposed to the petition of Yx. Flaherty
for a waiver of parking restrictions at 37 Turner Street.
Prior to 1967, 37 Turner Street was a two-family house. After 1967, it was
changed to a two-family house plus a business.
In 1969, a garage was added in the rear. On October 30, 1978,. a permit was
denied by your board for a tenement and gift shop to be housed in the garage.
Even after the denial from your Board, a leather goods store was put in operation
in the garage.
In 1980, a third apartment was added and occupied with no parking facilities
available. This building does not have the necessary second mans of egress,
according to the Building Inspector.
I understand that the House of Seven Gables is renting one parking space to one
tenant in that building, and I further understand that Mr. Flaherty is renting
more spaces for parking on the corner of Derby and Daniels Streets, which is
beyond the 400-foot radius that the law allows. I
The past and present owners of this property have constantly violated many City
Ordinances, and have never cmplied with the recamendations of your Board. They
have constantly upset the whole neighborhood.
I feel that Mr. Flaherty's appeal should be denied.
Very truly yours,
GEORGE A. NOVMK
Ward 1 Councillor
GAN/jl
9 �..CON olri.2 a� Ct7 o
4 V 1. 111
(I'Mice n# t11e Ctg fruunril
0jitttPull
�oc_iiye p/ WARD COUNCILLORS
LEONARD A. CAWLEY. JR. 1878
COUNCILLORS-AT-LARGE PRESIDENT
1978 JOSEPHINE R. FUSCO GEORGE A. NOWAK -
STANLEY J. USOVICZ, JR.
LEONARD A. CAWLEY, JR. CITY CLERK STEPHEN P. LOVELY
JOSEPH M. CENTORINO FRANCES J. GRACE
BRIAN T. OKEEFE
JEAN-GUY J. MARTINEAU
GEORGE F. MCCABE
JEAN-MARIE ROCHNA JAMES M. DALY
September 26, 1978
Board of Appeals
One Salem Green
Salem, MA 01970
Attn: Ms, Ethel Crowell/
Ladies and Gentlemen of t�heeBB������
I would like to express my" opposition to the appeal of adding
another apartment at theVTurner Street address that is in
question tonight.
Not long ago the owners came before your board and asked to add
on to their property aired informed your board they would not
make any other additions.
I feel that the neighbors would suffer if added apartments that
do not have ample parking were added to the area.
Please consider the residents of the area, as you have in the past.
Very truly yours,
CEOR61A. NOWAR
Councillor-Ward 1
GAN/jl
• SF,,,NDR:EComplete items 1,2,and 3.
:1 - Abd your address in the "RETURN TO space on
reverse.
1. The following service is requested(check one).
Gk Show to whom and date delivered.... . ........•456
❑ Show to whom,date,and address of delivery.. c
❑ RESTRICTED DELIVERY
Show to whom and date delivered.... . . ..... 6
❑ RESTRICTED DELIVERY
m Showtowhom,date,and address of delivery.5
m _
(CONSULT POSTMASTER FOR FEES)
Z 2. ARTICLE ADDRESSED TO:
x David L. Flaherty
IT 28 Preston Beach Rd,
IT
n— Marblehead, MA 01945
v
3. ARTICLE DESCRIPTION:
m REGISTERED NO. CERTIFIED NO. INSURED NO.
7188801
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UNITED STATES POSTAL SERVICE
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SENDER INSTRUCTIONS -
USE 0 AVOID PAYMENT r
Print your name,address,and ZIP CODE in the space below. pF 1 6900
Complete items 1,2,and 3 on the reverse.
•Moisten gummed ends and attach to Vont of article if space r0(;� IAS.MAIL
permits.Otherwise affix to hack Of article. '•...„
• ndmee article "Return Receipt Requested" adjacent to
number.
RETURN f
TO
Robert E. Gauthier, Z.E.O.
(Name of Sender)
One Salem Groan y
(Street or P.O. Box) "
Salem, MA it 01970
(City, State, and ZIP Code)
y • �SENOER:compete items 2,and 3.
Add your address in the "RETURN TO space on
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2-ARTICLE ADDRESSED TO:
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m
n 28 Preston Beach Road
m
Marblehead, MA 01945
3. ARTICLE DESCRIPFION:
m REGISTERED NO. CERTIFIED NO, INSURED NO.
O
7188807
(Always obtain signature of addressee or agent)
m
0 1 have-received the article described abo e.
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UNITED STATES POSTAL SERVICE \A _
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SENDER INSTRUCTIONS , ATE
y PENALTY ID PAYMENT USE TO AVOID PAYMENT
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Complete items 1,2,and 3 on the reverse.
•Moisten gummed ends and attach to front of article if space
permits.Otherwise affix to back of article.
•Endorse article "Return Receipt Requested" adjacent to
number.
RETURN
TO
(Name of Sender) }
(Street or P.O. Box) (�
(City, State, and ZIP Code) }}
cuoiy�
�t Ql`.ity of 'Sttlem, 'Elassttr4nsstts
Public 'PropgrtV Pepartment
s� Q4 Puaing Pepartment
Richard T. McIntosh
One Salem Green
745-17213
August 12, 1982
Dr, Roberto Tassimari
Miller Wharf Marina
10 White Street
Salem, Massachusetts 01970
RE: R 37 Turner Street, Salem
Dear Dr. Tassi.mari:
The decision of the Board of Appeals of May 12 states that the addition
to the Rear of the existing restaurant is illegal and must be removed,
I am therefore ordering you to immediately take the action that is
necessary to demolish said addition.
Failure to comply with the above will result in this matter being pursued
through the District Court for whatever action they may determine.
Very Truly yours,
lid"yI
Richard T. McIntosh
Zoning Enforcement Officer
Inspector of Buildings
RTM:bms
cc: Councillor George Nowak
William Donaldson, Esq.
File
EQbf
U hr
6
Joanne Rawson, 10 Northey St.,
Salem
Joanne Rawson, 10 Northey St.,
Salem
Tom Griffin, 12 Northey St. 745-
0129
58 Ocean Ave., Salem 744-4553
of
Rita Roy - 744-6417
Roy 745-5676
C�itg of *81m, mnsaar4usPtts
Public Property 19epartment
Nuilbing Department
One #alrm (Breen
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 6, 1994
Russell O'Donnell Realty Trust
10 Cliff Street
Marblehead, Mass. 01945
RE: 37 Turner Street
Dear Mr. O'Donnell:
This office has been informed of a new business being
conducted at 37 Turner Street. We have no records of Certificate
of Inspection being issued at this location. We also have no
records of permits being issued on the new signage at front of
property.
Please contact this office upon receipt of this letter so
we can resolve these issues. Failure to do so could result in
legal action being taken.
Sincerely
L /�
Leo E. Tremblay
Inspector Of Buildings
LET: scm
cc: Councillor Ahmed, Ward I
Jane Guy
David Shea
t r
oo�on4 '
of �$ajej1i,
-r Public Frapertg Pepnrtment
Puildiit9 i3epurtn[ent
R^bert E. Gauthier
Inc Salcm ltirrcn ,
7-1 i-p2 l 3
August 22, 1980
David L. Flaherty
28 Preston Beach Road
Marblehead, MA 01945 RE: 37 Turner Street
Salem - B-1 District
Dear Mr. Flaherty:. .
Relative to the property caption above, please be
advised that .the three apartments and retail business are
allowed in the B-1 District.
However, the second floor front apartment does not
have the necessary second means of egress required by the 6 ,
building code, and an outside stairway must be constructed
before a certificate of occupancy can be issued.
You do not have sufficient parking for the three apartments,
and retail store, and it will be necessary to go to the Board
of Appeal for a variance from the parking, or permission to
-provide parking on another lot.
Enclosed are the sections of the Zoning Ordinance, Off-
Street Parking sections with which you must comply.
Very truly yours,
Robert E. Gauthier
Building Inspector
Zoning Enforcement Officer
REG:C
Enc. 3
Blind copy - Sophie Sawicki
39 Turner St.