75 WEBB STREET - BUILDING INSPECTION 75 WEE& STREET
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KEEPING YOU ORGANIZED
No. 14341
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DANIEL B. KULAK
ATTORNEY AT LAW,{ 9 S
40 LOWELL STREE101.+f 1 3
SUITE I4 -tt��11qq RECEPiED
PEABODY,MASSACKUSETI5919WF V,LE.h01A$S,
DANIEL B.KULAK 532.2060
532.2061
September 26, 1985
Michael J. O'Brien, Esq.
Citv_ Sclicitor
187 . ed�ral Street �O
Salem, Massachusetts 01970
. Re: Lenn I . Doherty CQQ
V.
Board of Appeals
Essex Superior Court
CA 83-2522
Dear Mike:
As you are aware, this case was to be heard in Superior
Court on September 16, 1985.. However, at the request of Mrs.
Doherty, I met with her on September 12 , 1985. As a result of
our lengthy meeting, Mrs. Doherty decided to withdraw her
appeal , which was filed in court on September 12 , 1985. During
the course of my discussions with Mrs. Doherty, she recognized
that the sun deck would have to be removed, but that because
she and her husband would be leaving for Florida shortly, she
asked if said removal could be deferred until June 15, 1986.
I indicated to her that .I had no objection to such a delay,
providing that the complaining abutter, .,Dawn Marie Driscoll ,
would agree. Accordingly, I _onta-ted M'r, William DiMento, Esq. ,
attorney for Ms. Driscoll in an attempt to resolve the matter.
After coliferring with his client, Mr. DiMento informed me that
his client believes that she has waited sufficiently long enough
now and would therefore not so agree to a further delay. As a
result, I so informed Mrs. Doherty of the non-agreement for a
delay. Therefore as the matter now stands, the case has been
withdrawn and the sun deck is presently an illegal structure.
&JO-� �
Because of the concerns expressed on a number of occasions
by Ms. Driscoll , it is my opinion that she will again show
extreme interest in the removal of the deck. Therefore, I
would suggest that the Building Inspector be advised of the
status of this case in order he may do what he believes is
necessary to insure compliance with the zoning ordinance. How-
ever, I leave that decision in your good hands!
Very ruly yours ,
Daniel B. Kulak
DBK/cj
-2-
16 Martin Street
Marblehead, Mass . 01945
June 25 , 1985
Mr . William H. Munroe
Public Property Department
One Salem Green
Salem, Mass 01970
Dear Mr . Munroe :
tRe: Deck, 75 Webb Street
It is so refreshing to have someone answer
my letter regarding the above captioned deck. I
hope this now means we can see some progress in
this case . As "zoning enforcement officer" I
assume you have the same interest we do in seeing
that the city' s ordinances are followed.
You are correct that the property owner filed
an appeal . However, she was not represented by
counsel , and has done so in a very effective delaying
tactic to prevent your department from ordering her
to remove the deck. Her case has been pending for
several years . She has no intention of pursing the
case; as long as it sits there, she can continue to
enjoy the deck, illegally .
However, there is no reason why the city cannot
call her bluff and move the case along for a resolution.
After I wrote my last letter to the Mayor in December,
Attorney Mary Harrington finally figured that out and
brought a motion for a speedy trial , which was allowed
on January 22 , 1985 .
You state that "for whatever reason" the court
has not rendered a decision in this matter to date. May
I suggest that the reason is that the city has not
pursued the case. The case has not been docketed, the
city has not inquired to its status , and has not asked
that it be heard after its motion was granted in January.
This is aggressive litigation strategy? THis
is pursuit of a speedy trial? I have a feeling that
if the plaintiff in this case were discharging thick
acrid smoke all over a neighborhood, or building a
twenty story office tower, in violation of the zoning
laws of the city, your city attorney would be a bit more
aggressive in pursing a legal resolution. I realize we
are only poor quiet taxpayers , who are at the mercy of
the city to resolve this issues But it has been going
on for over three years . It t kes you t at IN to
remove an illegal deck?
�. n-Marie Dri of
w.eoH CtV of *ttijeni, fflassachusE##s
A Public Propertg Department
'J'>enpne v�4�ty �nl1�iTTT� .`1PepttrtnTent
i
William H. Munroe ii
One Salem Green June 21,1985
745-0213
Ms. Dawn Marie Driscoll
16 Martin Street
Marblehead,Ma 01945
Re: DECK-75 Webb Street
Dear Ms. Driscoll:
Your letter of June 17,1985, to Mayor Salvo,regarding a deck
at 75 Webb Street, has been referred to this office for response.
I have researched the Department records on this matter with
the following findings.
Following the denial of a variance to allow the existing deck
to remain at 75 Webb Street, the property owner filed an Appeal
of the decision of the Board of Appeal ,in Superior Court, Case #83-2522
as provided by Massachusetts General Laws, Chapter 40A Section 17.
For whatever reason the Superior Court has not rendered a decision
in this matter to date.
Although i can appreciate your frustration in this matter, until
such time as a decision is forthcoming from the court, neither this
Department nor the City of Salem can order the removal of the deck
in question.
Very truly yours,
pilliam H.Munroe
Zoning Enforcement Officer
WHM:mo's
cc: Mayor Salvo
Asst City Solicitor
16 Martin Street
Marblehead, Mass . 01945
June 17 , 1985
Mayor Anthony Salvo -rp
Mayor ' s office '
City Hall
Salem, Mass . 01970
Dear Mayor Salvo:
Re: Illegal deck at 75 Webb Street C ;
In June of 1984 I wrote to you about -a problem whicV
predated your administration. The above captioned decks
was constructed without a building permit,—in violation :
V.
the city ' s zoning laws, adjacent to our property at 77 Weksb '�' rz
Street. Prior building inspectors and city attorneys wer$� yA
unable or unwilling to take any action about- this deck,
and we appealed to you to enforce the city' s laws. A
You did not respond to our letter.
In December of 1984 I wrote to you again, stating
that we seemed to have no recourse but to sue the city of
Salem for nonenforcement of the city' s zoning laws . Again,
I received no answer from you.
It is now June 1985 . Another year has passed; the
•� deck is still up, in violation of the city' s zoning laws,
diminshing the property value of our building, and, as
our tenants testified at the Board of Appeals, making their
4 lives miserable .
I had once thought that you, as a new mayor, could
rectify what past administrations had not. I gave you
the benefit of the doubt and thought that perhaps political
patronage was not involved; that one property taxpayer who
complied with the law was not being treated differently than
a property taxpayer who obviously commands political protection .
y our case has never come to hearing, since your city
ttorney, Mary Harrington has refused to pursue it .
Since youobviously do not answer letters to you
written by Salem taxpayers, I shall only hope that your
successor will , and will also be able to achieve what your
administration has failed: enforcement of the city ' s ordinances .
ZSincerely yoursl ,
Dawn-Marie DrisL-611
16 Martin Street
Marblehead , Mass.. 01945
December 13 , 1984
Mayor Anthony Salvo
City Hall
Salem, Mass . 01907
Dear Mayor Salvo:
Re: Illegal deck at 75 Webb Street
Last June I wrote to your about our frustration with
the response on the part of your building inspector and legal
department with regard to enforcement of the city' s zoning
law. Since we complained about the illegal deck next to our
property at 77 Webb Street in the summer of 1982 , the city
has been unable , and I must conclude unwilling, to take the
necessary action to remove the deck. I did state in my letter
at that time that some of this inaction predated your
administration, and I was hopeful that you could achieve
what we had not been able to for two years .
As you know, I find it a somehwat "Catch 22" situation
that a Salem taxpayer must pay personal money to hire an
attorney to enforce the city' s zoning laws, a responsibility
which rightly belongs with the city law department. Further ,
I stand to you that because of the three years it evidently
takes to get an illegal deck taken down, we now must pay more
in legal fees to sue the city and compel your building
inspector and legal department to do their job. For this action,
r you will, spend Ly, tax dollars to defend against my lawsuit.
d I appreciate the fact that the last time I wrote to
you, you were interested enough in the case to speak with
Mary Harrington. Because of that, we have delayed suing the
city itself , thinking that perhaps she could move our case
along . However , you have evidently not been able to accomplish
in the last six months what we have not been able to accomplish
in the last three years , and I can only conclude that this is
also a case of political protection of one taxpayer , against
the interests of another taxpayer . If the deck is not down by
�". January 2 , we will go forward with our lawsuit against the city.
Sincerely yo S ,
Dawn-Marie Driscoll
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OBERT E. GAUTHIER and MICHAEL E. MURPHY
NORTH STREET AND 1652-1./2 NORTH STREET
n September 2, 1982;with Z44o1AoR9ng
Chairman; Messrs.FALcker and Feeherry
of hte hearing was sent to abutters and
properly publishe&JIN �ZhaEvening
eneral Laws Chapter 40A. t 'HASS.
1 Permit to convert the existing third floors
to four-room apartments, thereby converting,
o a three-family. The properties are in
ich has been requested may therefore be granted
that the grant of the Special Permit will
lenience and welfare.
the evidence presented at the hearing,
e following findings of fact:
apartment at each site will have
LAW OFFICES
DI MENTO & DI MENTO
980 PARADISE ROAD JUL 8 ? '8,
BWAMPSCOTT, MASSACHUSETTS 01907
CAROL A.G. DI MENTO RCCEIVE0 598.2510
WILLIAM R. DI MENTO CITY OF SALEM,MASS. "EA CODE 817
July 1, 1985
Mr. William H. Munroe
Zoning Enforcement Officer
One Salem Green
Salem, MA 01970
Dear Mr. Munroe:
This office represents Dawn Marie Driscoll and Norman
Marcus, Trustees of Marcus Driscoll Realty, the owners of
property at 77 Webb Street. I would like to review the
history of the illegal deck at 75 Webb Street, Salem.
On or about the Spring of 1982, Mrs. Helen Doherty
constructed a deck on the side of her property which abuts
my clients property. Mrs. Doherty did not seek a variance
prior to construction nor did she seek or obtain a
building permit prior to construction. In fact, she has
yet to. apply for a building permit.
On or about August 18, 1982 my clients complained in
writing to the then Inspector of Buildings, Richard T.
McIntosh.
On or about August 28, 1982 Marcus Driscoll received a
copy of a letter to Mrs. Doherty informing her of the
violation and "required" her to remove the deck
immediately.
I personally spoke with Mr. McIntosh several times
during the fall of 1982 requesting him to be more
aggressive.
On February 4, 1983, Mr. McIntosh wrote to Attorney .
Neil Hourihan demanding a request for a variance be filed
or he would go to Court.
x, "v
LAW OFFICES -2-
DI MENTO & DI MENTO
I informed Mr. McIntosh that any variance request does
not justify the criminal violation of construction without
a permit or justify absolutely ignoring his August 1982
demand to remove the deck .
I am familiar with Chapter 40A the so-called Zoning
Enabling Act and with the Salem Zoning Ordinance. My
clients had very little recourse because the Inspector of
Buildings had not refused to act which we could have
appealed to the Board of Appeals, he just acted very
slowly and kept promising me the deck would be down soon.
On June 6, 1983, Mr. McIntosh requested a criminal
complaint at the Salem District Court and a hearing was
held on July 6, 1983. Although Mrs. Doherty was not
present she was represented by Attorney Hourihan and after
hearing a complaint was issued. Arraignment was scheduled
for August 10, 1983 .
On August 2, 1983, Mrs. Doherty filed a request for a
variance with the Salem Board of Appeals. The petition
was heard on September 28, 1983 and denied by decision
filed in the City Clerk ' s office on October 12, 1983 .
I have never been able to ascertain why Mrs. Doherty
was never arraigned at the Salem District Court on the
Building Code violation.
Mrs. Doherty appealed the decision of the Board of
Appeals to the Essex Superior Court on or about October
21, 1983.
Nearly two years have passed.
The Inspector of Buildings has referred all requests
for information to the City Solicitors office and claimed
he could not act on the District Court complaint because
of the appeal of the variance.
My letter of November 3, 1983 to Attorney Richard
Stafford requesting an appointment was ignored.
I advised my clients the Superior Court appeal was
without merit, procedurally defective and that I was sure
the City Solicitor would file a Motion for Summary
Judgment and the deck would no doubt be removed. I
suggested to them there was no need to spend additional
money to hire an attorney to do what the City of Salem is
by law required to do. I advised them that the complaint
LAW OFFICES -3- .
DI MENTO & DI MENTO
at Salem District Court was a separate action and once the
complaint issued the District Attorney would prosecute the
criminal side of this action.
My client wrote to Mayor Salvo on June 19, 1984 and
December 13, 1984 requesting his help to remove the
offending structure. My clients and I believed a new
Mayor would bring a new spirit to the city and proper code
enforcement. We were wrong.
My client has provided me with a copy of your June 21,
1985 letter to her and her response to you dated June 25,
1985. I suggest you consult with the City Solicitor
immediately because I disagree strongly with the last
paragraph of your letter where you state "although I can
appreciate your frustration in this matter, until such
time as a decision is forthcoming from the court, neither
this Department nor the City of Salem can order the
removal of the deck in question" .
How can you ignore the fact that the structure was
built without a permit? I suggest you read Section IX,
Paragraph B of the Zoning Ordinance. The filing of a
variance request does not stay law enforcement for three
years!
Would it have done any good for this office to
intervene and dispose of the appeal? I don't think so.
Nothing is going to remove the offending structure until
it begins to cost the offender One Hundred ($100.00)
Dollars per day as provided in your zoning ordinance. Had
the City of Salem been enforcing their ordinance from the
date my clients first complained in writing to your
office, the fine would now amount to 1047 days x
$100.00/per day or $104,700.00. May I remind you the
penalties are severe because the danger to the public is
great.
What is going to happen when the Superior Court
disposes of the Zoning appeal? You will be in the same
position you have been since August 18, 1982. You have
the penalties available from the State Building Code and
the Salem Zoning Ordinance. Please enforce the law.
My clients and I would be happy to meet with you, the
Mayor and the City Solicitor at your convenience.
Very truly yo rs,
William R. DiMento
Attorney at Law
WRD:em
r
COMMON
EALTH OF MASSACHUSETTS
ESSEX. S�' �.W .
THE TRIAL COURT
;VEP SUPERIOR COURT DEPT.
CP1�I OFgQLE •SS` ESSEX DIVISION
# �3 —o710?2
LENN I . DOHERTY, -
. PLAINTIFF ) ,
VS )
)
JOSEPH M. PIEMONTE, ,. ) COMPLAINT UNDER MASS-
SCOTT CHARNAS,. ) :' ACHUSETTS GENERAL LAWS
EDWARD LUZINSKI, ) CHAPTER 40A, SEC. 16
ARTHUR LABRECQUE, . )
RICHARD .A. BENCAL, )
DOUGLAS HOPPER, . AND. )
JAMES B'. ,'HACKER," AS THEY';ARE . )
ALL MEMBERS OF:,THE"::BOARD',OF )
APPEALS OF THE CITY OF SALEM,'"
DEFENDANTS )
Respectfully represents Lenn I . "Doherty of 75 Webb Street,
Salem, Massachusetts and .saysp
1. This "is" a Complaint author zed•,by.:General Laws (Ter.
(.Ed. ) , Chapter. 40A, Section 17 and said plaintiff brings
this action 1against ,the following defendants Joseph M.
Piemonte, ' 22 Crowdis Street',-Salem,. Massachusetts ; Scott
Charnas , 16.' Loiin4Avenue; Salem,":Massachusetts; Edward
Luzinski, 25 Hardy,. Street, Salem,. Massachusetts; Arthur
LaBrecque, '111 'Hakel Street; . Salem, ;Massachusetts; Richard
A. Bencal, 19 Goodall .Street,..Salem, Massachusetts;- Douglas
Hopper, '51_.Dearborn'Street., Salem,'. Massachusetts; and James
B: Hacker, 7 UgoRoad, Salem„:.Massachu'setts, as they are all
members of the Board of Appeals of the City of Salem.
2. The plaintiff, Lenn I: Doherty, is the owner of. premi-- :
sis locatedat "75>.Webb ,Street.'in said Salem, located in an
R-2: district. That. prior : to..Septepber 28, 1983, the plain-
tiff made application to, the Salem Board .of Appeals for a
variance to,keep _.an, already,-existing deck which is in var-
iance..with`set:back 'requirementsof, the Zoning Ordinance of
the .City of; Salem
3. Notice of said application`:was _duly advertized in the
Salem Evening*News".and in, accordance. with said notice, a
hearing .was .held before the Board .of Appeals on September
28, 1983.
-- - 4 . That thereafter, by a decision dated September 28, 1983
and filed with the. City Clerk fdr. the City of Salem, Mass-
achusetts on October 12, 1983, the said Board of Appeals
did vote to deny said variance all as appears in said
decision, hereto annexed "A" .
5. That the plaintiff as the owner of the property is
aggrieved by the aforementioned decision of the Board
of Appeals .
6 . That under all the circumstances , the decision of
September 28, 1983 is erroneous in that the deck does
not derogate from the intent and purpose of the Zoning
Ordinance; the deck is not a substantial detriment to
the public good; and the denial of the plaintiff's appli-
cation will create substantial and irreversible hardship
to the plaintiff.
Wherefore the plaintiff prays:
1 . That the decision of the Board of Appeals of the
City of Salem denying the aforementioned variance be
denied; and
2. That the plaintiff be awarded her costs ; and
3. For such other relief as to this Court seems meet
and proper in said premises.
L I. Doher y, pro
75 Webb Street
Salem, Massachusetts
Telephone 744-0223
October 20 , 1983
2
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of '&Iem, ttssttc �z�e##s
� s Pourb of �}yral
�Y
+<, •W '83 OCT 12 P? :17
DECISION ON THE PETITION OF HELEN DOHERTY FOR A CITY C1,r+:'i•S 0.FICE
VARIANCE FOR 75 WEBB STREET
A hearing on this petition was held on September 28, 1983 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzi
and Piemonte. Notice of said hearing was sent to abutters and others and noti
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance to allow her to keep an already existing
deck which otherwise violates the side setback requirements of the Zoning
Ordinance in this R-2 district.
The Board of Appeal, after consideration of the evidence presented at the publ
hearing and after viewing plans and photographs of the existing deck, makes th
following findings of fact:
1 . The deck extends right up to the neighbor's side boundary;
2. The deck seriously compromises the aforementioned neighbor's privacy;
3. Vigorous opposition was raised by neighbors to petitioners plan.
On the basis of the above findings of fact, and on the evidence presented at
the public hearing, the Board of Appeal concludes as follows:
1 . The deck substantially derogates from the intent and purpose of
Zoning Ordinance;
2. The deck is a substantial detriment to the public good.
Therefore,the Zoning Board of Appeal, by a vote of three (3) to two (2) , voted
to deny petitioner's request for a Variance.
�7 /� 7
Scott E. Charnas, Acting Secretary
THIS OCC;;:;.i:. 1% V:7. SHALL DE 'r.!AOE PURSUANT TO SECTION 17 CF THU ?,,V4S.
Mi Ea='_ i,;7t:. L:?:..';" A*:d SHALL C.'', T;t_U Yi:�HIN 't0 DAYS AFi'£R THE DATE 0: `ii!NO
It:THE
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OF A%.RJ CR IS UCCRCED AND NCTEO ON T;iE OVIN£R'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
QITY CLERK
COSTELLO, HOURIHAN, FRATTAR0bA'WW8"'I'§ TT
COUNSELORS AT LAW
TWO SALEM GREENA�{�f,J,y, ll�J ///���
WALTER A.COSTELLO.JR. SALEM, MASSACHUSETTSAQN;p ) 1413.E...OffICE
NEIL A.HOURWAN v'J __''UUU J OMMON STREET
CARMEN J.BRPTTA RO LI �f � —p r• � ��AWRENC E,MASSACHUSETTS 0I840
THOMAS J.BARRETT �`•1:ry1J`RfYc_ pry�U/,��pp SQQ
JON T.SKERRY 1 n'IJ4J%REA CODE BIP
ANNETTE M.GONTHIER
PETER J.CARROZZA SALEM 745-9670
JOHN GILLEN BOSTON 592-0037
SHARON M.PARENTEAV LAWRENCE 989-9725
August 5, 1983
Robert F. Arena
Clerk-Magistrate
First District Court of Essex
65 Washington Street
Salem, MA 01970
Re: Commonwealth
vs. Lenn Doherty
Dear Mr. Arena:
Enclosed for filing please find Motion for Further Evidence
in Opposition to Issurance of Complaint.
Would you kindly place said Motion for hearing on Tuesday,
August 9 , 1983 at 9 : 30 a.m.
Thank you for your attention to this matter.
Very tru;6u
yours ,
e ihan
NAH:kmt
Enclosure /
cc: Richard T. McIntosh ✓/
William R. DiMento, Esquire
�/ /KWA
COMMONWELTH OF MASSACHUSETTS
ESSEX, SS. DISTRICT COURT
CRIMINAL NO.
COMMONWEALTH )
Vs. )
MOTION FOR FURTHER EVIDENCE
LENN DOHERTY ) IN OPPOSITION TO ISSUANCE
OF COMPLAINT
Now comes the defendant in the above-entitled
matter and requests this Court to allow further
evidence in opposition to issuance of complaint.
In support thereof, the defendant states
that she was in the hospital at the time of said
hearing and was unable to present evidence.
DEFENDANT
By her attorney,
t
Nom: HOURIHAN
Costello, Hourihan,
Frattaroli and Barrett
Two Salem Green
Salem, MA 01970
Tel: 745-8670
Dated- August 5 , 1983
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MARCUS DRISCOLL RkXtq!
16 MARTIN STREET MARBLEHEAD, MASSACHUSETTS Q1945 TELEPHONE 16171 631-8838
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Richard T. McIntosh
One Salem Green
Tas-nzi:�
August 24, 1982
M e Pous « 0044
34 B Strdeet w J
Sale a usetts 01970
RE: 75 Webb Street
Dear Mr. Pousland:
You have constructed a deck on your property without having obtained
a Building Permit. You have constructed this deck closer to the property
line than the Zoning Ordinance allows. Thirty (30) feet is the required
setback and it appears you are right on the line.
You are therefore required to remove the deck mediately. 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,
Richard T. McIntosh
Inspector of Buildings
Zoning Enforcement Officer
RTM:bms
4C cc: Marcus Driscoll Realty
John Nestor, Councillor Ward III
file
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1C 34 Briggs. St.
zSalem, MA 01970
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UNITED STATES POSTAL SE/R,VIjjSrjA
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS r. ' USE TO AVOID PAYMENT
Print your name,address,and ZIP Cade in the spacylrilaw. of POSTAGE,M L
• Complete items 1,Z,and 3 on the roverse. "'^--.— " 101111moll"
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othembe affix to back of article.
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RETURN
TO
City of Salem, Public Property Dept,
(Narte of Sender)
One Salem Green
(Street of P.O.Bac)
Salem, MA 01970
(City,State,and ZIP Code)
o,�:�
public Prnpertg Pepnrtment
Puniq Penttrtrmnt
Richard T. 3jcIntosh
One Salem Green
zap-nz i�
August 27, 1982
Helen I. Kulesza
75 Webb Street
Salem, Massachusetts 01970
RE: 35 Briggs Street
Dear Ms. Kulesza:
You have constructed a deck on your property without having obtained
a Building Permit. You have constructed this deck closer to the property
line than the Zoning Ordinance allows. Thirty (30) feet is the required
setback and it appears you are right on the line.
You are therefore required to remove the deck immediately. 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,
._----
Richard T. McIntosh
Inspector of Buildings
Zoning Enforcement Officer
RTM:bms
cc: Marcus Driscoll Realty
John Nestor, Councillor Ward III
File
•
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
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• Complete items 1,2,and 3 on the reverse. _ asseo
• Attach to front of article if space permit;
otherwise affix to back of article.
• Endorm article"Return Receipt Requested"
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RETURN
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City of Salem, Public Property Dept.
(Name of Sender)
One Salem Green
(Street or P.O.Box)
Salem, MA 01970
(City,State,and 21P Code)
y SENDER: Complete items 1.2,and 3.
c i. Add yam address la the"RETURN TO"space on
teven4
1: The follcrwing service is requested(check one.) 60Z
43 Show to whorn and date delivered ............
0 Show to whom,date and address of delivery...—.Q
0 RESTRICTED DELIVERY
Show to whom and date:delivered............—C
0 RESTRICTED DELIVERY.
Show to.whom,date,and address of delivery.$—
(CONSULT POSTMASTER FOR FEES)
3. ARTICLE ADDRESSED TO:
A Helen I. &ulesza
c
„ 75 Webb Street
z Salem, MA 01970
es
n 3. ARTICLE DESCRIPTION:
Ln REGISTERED NO. CERT{F{EO NO. ItISURED NO,
` 0024602
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M. SIGNA RE OAd ue ❑Autborized agent
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*GPO:1979-300 459
� ire �3?`T
COSTELLO, HOURIHAN, FRATTAROLI AN `btRRE��TT
COUNSELORS AT LAW
TWO SALEM GREEN �{ �t
.ALTER A.COSTELLO,JR. SALEM, MASSACHUSETTS 01970 CCP �a (, SlF I°I
V4 AREA CODE 617
NEIL A.HOURIHAN _
CARMEN A.PPATTAROLI RE VVC"`®OA L9£MN 59E-00"
THOMAS J.BARRETT
CITY OF SACC�t t'1NJ
—
JON T.SKERRY
CHARLES E.MORRISON
ANNETTE M.GONTHIER
PETER J.CARR022A
JOHN GM1LEN
September 23 , 1982
Richard McIntosh
Building Inspector
One Salem Green
Salem, MA 01970
Re: Lenn Doherty
Location of Property: 77 Webb St. , Salem
Dear Mr. McIntosh:
Please be advised that this office has been retained to
represent Mrs . Doherty in an alleged violation of the Building
Code.
I am personally reviewing materials with regard to location-
of violation so that we may further discuss their options under
these circumstances.
If you have any questions, feel free to contact me directly.
Very tru y yours
l
•
our iha
NAHJsea
MARCUS DRISCOLL REALTY
16 MARTIN STREET MARBLEHEAD. MASSACHUSETTS 01045 TELEPHONE 16171 631-8838
�i
January 30, 1983 00�k r,
t �
tq
Building Department
City Hall v��y
Salem, Mass . 01970 ` o .
Dear Mr. McIntosh: . �9J,
This letter concerns the deck which was
built at 75 Webb Street , adjacent to our property
at 77 Webb Street, in violation of the building
code .
We first wrote to you about it last August.
We wrote to you again in November, asking
what action you planned to take .
To date , we have received copies of your
letters to the owner of the property who built
the deck, and nothing else. The deck is still
there .
As a Salem taxpayer, it is very annoying to
me to have to go out and hire my own lawyer to enforce
the provisions of the Salem building code , but your
office seems unable or unwilling to do so.
This is to inform you that we have asked our
attorney, William DSMento, to begin legal action
against your department and the property owner at
75 Webb Street to have this matter resolved . You
will hear from him directly.
Sincer ly,
awn-Marie Driscoll
cc : William DiMento
Mayor' s Office
City Solicitor
MARCUS DI�d'IS' L 01,1, REALTY
16 MARTIN STREET MARBAq. V 2�HaA oU ETT3 01045 TELEPHONE (61]1 631-8838
I
CITY OF SALEM,BASS.
cam. N`A
Tito ofIpm, � �� ttcl�lz��tt
ublir Proper-IV PepartmentProper-I
J �Cw�'c.va'^• Putlbcng B2pLartr.urd
Richard T. McIntosh
One Salem Green
745-1T213 November 17,1982
Mr. Lenn Doherty
c/o Mr. Neil A. Hourihan Re: 75 Webb Street
2 Salem Green
Salem,Ma 01970
Dear Mr. Doherty:
You have constructed a deck at the side of your house without
obtaining any permits and in violation of the City Zoning Ordinance.
You .are therefore required to remove it immediately.
Failure to respond to any of the above will result in this matter
being persued throught the courts for their determination.
Zoning Section violated Sec VI Table I. .
Zig Section violated Sec 113.
�0f 1a Ced
Very [truly yours//,
Richard T. McIntosh
Inspector of Buildings
Zoning Enforcement Officer
RTM:mo's
cc: Dawn Marie Driscoll
Certified Mail#0024617
No. GG'2'1 617
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT Tgr. Neil Hourihan
STREET AND NO.
2 Salem Green
P.O.,STATE AND ZIP CODE
Sa1em,Ma 01970
POSTAGE $
CERTIFIED FEE Q
y
Y SPECIAL DELIVERY Q
LL
p� RESTRICTED DELIVERY Q
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Y y
SHOW TO WHOM AND DATE
DEHVERED Q
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DAIS AND
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TOTAL POSTAGE AND FEES $
POSTMARK OR DATE
6
a
o Re: 75 Webb Street
Illegal deck
0
-------------
ry
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 gqummed stub on the left portion of the address
side of the article,leaving the receipt aftached,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 thegummed
ends if space permits.Otherwise,afix 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 RESTRICTEo 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 inquiry.
{z GPO 1978 -256-915
0 SENDER.Complete items 1,2,and 3.
Add your address in the "RETURN TO' space on
3 reverse.
1. The following service is requested(check one).
® Show to whom and date delivered.... . ...... 0
❑ Show to whom,date,and address of delivery.. ¢
❑ RESTRICTED DELIVERY
Show to whom and date delivered...... ... .._¢
- `❑ RESTRICTED DELIVERY
Show to whom,date,and address of delivery.$
(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDRESSED TO:
m Mr. Neil Hourihan �!
()� 2 Salem Green
m Salem Ma 01970
a;.
5 3. ARTICLE DESCRIPTION:
'REGISTERED NO. CERTIFIED NO. INSURED I"
#0024617 '
" (Always obtain signature of addressee or agent)
;lave received the article described above. ,
-: SIGNATURE ❑ Addressee ❑ Authorizes
I DATE OF DELIV RY �/ POSTL-�_, l
�•J . ADDRESS(Cq np�te hit requested) r":/ s P• .
Fit 6. UNABLE TO DELIVER BECAUSE: v iGLERK'S
]'INITIALS-' '
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*GPO:1977=0-249-595
i
UNITED STATES POSTAL SERVICE f
OFFICIAL
SENDER INSTRUCTIONS PENALTY AV FORPRIVATE
USE TO AVOID PAYMENT
Print your name,items 1 and ZIP CODE in the space below. OF POSTAGE,$300
Complete items t,2,and 3 an the reverse.
•Moisten ggummetl ends and attach ar front of article if space U.SMAIL
Permits.O article
"Ritz to back of article.
•
Endorse article "Return Receipt Requested" adjacent to
number.
RETURN t�
TO � y
Public Property Department E1
(Name of Sender)
1 Salem Green
(Street or P.O. Box)
v
Salerri 01970
(city, State, and ZIP Code)
COSTELLO, HOURIHAN, FRA BARRETT
BARRETT
COUNSELORS AT LAW
TWO SALEM GREEN
WALTER A.COSTELLO,JR, SALEM, MASSAC@QCSEJTSgI@SC 'U`qq/
NEIL A.HOURIHAN AREA CODE 617
CARMEN A.FRATTAROLI SALEM 79S-8670
THOMAS J.BARRETT RECEIVED BOSTON 592-0037
CITY OF SALEM,MASS.
JON T.SKERRY
ANNETTE M.00NTHIER
PETER J.CARROZZA
JOHN GILLEN
December 7, 1982
Richard T. McIntosh
Inspector of Buildings
Public Property Department
One Salem Green
Salem, MA 01970
Re : Lenn Doherty
75 Webb Street
Dear Mr. McIntosh:
As per your letter dated November 17 , 1982 , please be ad-
vised that I have communicated with the Doherty' s in Florida and
it is their position that we will move for a permit before the
Board of Appeals.
I shall keep you advised as to our progress with the Board
of Appeals.
Very truly yours, /
Dieljy a,. ouriha
NAH/sea
y `°D 0tv of -"ttlem, Aassar4u etts
• w' , A u&Iit Props rtg PEpttrtmEnt
Puilaing �ettrtmEnt
Richard T. MgIntosh
One SalemrGreen
745-11213
December 9, 1982
Neil A. Hourihan, Esq.
Costello, Hourihan, Frattaroli and Barrett
Two Salem Green
Salem, MA 01970
RE: Leon Doherty
75 Webb St.
Dear Mr. Hourihan:
• If it is your intention to move for a permit before the Board of
Appeals regarding the above referenced property, I strongly urge to file
the applications for same with this department immediately.
It will not be necessary for you to keep me informed as to the
progress of same as I shall have full knowledge of any and all action
taken by the Board.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
RTM:bms
•
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
Print your name,address,and ZIP Code the space below.
OF POSTAGE,$300
• Complete Items t,Z,3,and d on the mics,reverse. U.&MNL
• Attach 10 froN of article II space permits, ��O
otherwise atN$to back of adicle.
• Endorse article-Return Recelpt Requested' '
adjacent to number. i
RETURN
TO
INSPECTOR OF BUILDINGS
(Name of Sender)
ONE SALEM GREEN
(Street or P.O. Box)
SALEM, MA 01970
• (City, State, and ZIP Code)
is SENDER:Complete ttems 1,Z 3,and 4.
Add your address in the"RETURN TO"space
xU on reverse.
(CONSULT POSTMASTER FOR FEES)
t.The following service is requested(check one).
Show to whom and date delivered.................... 60-o
❑ Show to whom,date,and address of delivery.. —Q
2.11 RES'TRICT'ED DELIVERY
(Me restricted deliveryfee it charged in addition to
the return receipt fez)
TOTAL ;
3.ARTICLE ADDRESSED TO:
x Neil Hourihan, Esq.
a� Two Salem Green
Salem, MA 01970
m 4. TYPE OF SERVICE: ARTICLE NUMBER
O ❑REGISTERED ❑INSURED P 342
am 4 f9CEiTIFIED E]COD
❑FXPRESs MAIL 558 824
(Always obtain alglreture of addressee or agent)
I have received the article described above.
y SIGNATURE ❑ Addressee ❑ Authorized agent
M
0
G 6. ATE OF DELIVERY POSTMA K 3
9
O
2 6.ADDRESSEE'S E. (0M1,ifWq need)
in .'t )
w I.UNABLE TO DELIVER BECAUSE: 7nEMPLOYEE'S
INITIALS
12s
f
P 342 558 824
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
Neil Hourihan, Esq,
STREET AND NO,
2 Salem Green _
P.O.,STATE AND ZIP CODE
Salem
POSTAGE $
CERTIFIED FEE ¢
y SPECIAL DELIVERY ¢
}w`
—RESTRICTED—DELIVERY ¢
y SHOWTOWHOMAND ¢
4? �? DATE DELIVERED
�.¢
a
wSHOW TO
NWOGATE.
AND
ADDRESS OF
¢
DELIVERY
o w SNOW TO WHOM AND DATE
DELIVERED WITH RESTRICTE ¢
y o i DELIVERY
r. SHOW TO WHOM,GATE AND
REDRESS OF pELIVEPV WITH ¢
�p flES7flCTEO DELIVERY
TOTAL POSTAGE AND FEES $ 1.55
POSTMARK OR DATE
8 Re: 75 Webb St.
E
`o
w
rn
a
STICK POSTAGE STAMPS TO ARTICLETOS OV R FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOIFANMAKT.OPTIONAL SERVICES.(see front)
1. If you want this receipt postmarked,stick the gummed stub on the left 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 3611,and attach it to the front of the article by means of the gummed ends it 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 10 the addressee,or t0 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 blacks in Item 1 of Form 3811,
6. Save this receipt and present it if you make inquiry.
z *GPO: 1980331-003
co oil P r
Richard T. McIntosh
One Salem Green
7d v-t1Z 1
February 4, 1983
Neil Hourihan, Esq.
Two Salem Green
Salem, Massachusetts 01970
RE: Len Doherty
75 Webb St.
Salem, Massachusetts
Dear Mr. Hourihan:
Repeated attempts to reach you by phone have failed, therefore,
I am using this letter to inform you of the following:
1. Unless there is an application filed with the Board of
Appeal for a Variance immediately, to allow the illegal
deck at the above reference property, I will be forced
to file for action in the courts to have the deck removed.
2. This action will be. taken no later than February 14, 1983.
Very truly yours,
Richard T. McIntosh'
Zoning Enforcement Officer
Inspector of Buildings
a
RTM:bms
cc: Dawn-Marie Driscoll
COSTELLO, HOURIHAN, FRATTAROLI AND BARB_ T
COUNSELORS AT LAW
TWO SALEM GREEN
WALTER n.cosre uo,JR. SALEM, MASSACHUSETTS 01970 ` � '•Ya Nf� '
NEIL A.HOURIH AN AREA CODE BIJ
CARMEN A.FRATTAROLI �-en SALEM 745-9970
THOMAS J.BARRETT CITY OF SNI � ����BOSTON 592-0037
JON T.SKERRY 41
ANNETTE M.GONTHIER
PETER J.CARROZZA
JOHN GILLEN
SHARON M.PARENTEAU
February 9 , 1983
Richard T. McIntosh
Zoning Enforcement Officer
Inspector of Buildings
Public Property Department
Building Department
One Salem Green
Salem, MA 01970
Re: Len Doherty
75 Webb Street, Salem, MA
Dear Mr. McIntosh:
Please be advised that I have attempted to reach you by
telephone and have left a message with your secretary.
As you are aware, the Dohertys are presently in Florida
and have evidenced there intention to request a variance
before the Board of Appeals . However, due to their absence,
I would suggest that the formal presentation of the applica-
tion be delayed until they return so that they may personnally
appear before the Board of Appeals.
Thank you for your attention and consideration.
Very truly y/��
Neil A. Houirhan
NAH/sea
COSTELLO, HOURIHAN, FRATTAROLI ANM'B'WFfETT
COUNSELORS AT LAW
TWO SALEM GREE AT 10 � •(�}q
WALTER A.COSTELLO,JR. SALEM, MASSACHUSETTS OI I®j�qW gENCE OFFICE
NEIL A.HOURIHAN pc IlYJ1420 COMMON STREET
CARMEN A.FRATTAROLI R y REC/Ejkl?q,�{{,,LAWRENCE,MASSACHUSETT501040
THOMAS J.BARRETT N'T1 OF-S4LE-I t'I Fn yA�I
JON T.5NERRY
ANNETTE M.GONTHIER AREA CODE 611
PETER J.CARROZZA SALEM 745-8670
JOHN GILLEN BOSTON 592-0037
SHARON M.PARENTEAU LAWRENCE 689-9425
May 6 , 1983
Richard T. McIntosh
Zoning Enforcement Officer
Inspector of Buildings
Public Property Department
One Salem Green
Salem, MA 01970
Re: Len Doherty
75 Webb Street, Salem, MA
Dear Mr. McIntosh:
Please be advised that I have spoken with my clients and
they will be returning to Salem the first week in June.
Upon their return, the Dohertys will be filing with the
Appeals Board for the next convenient date.
Very ruly your ,
eil A. Hourihan
NAH/sea
COst6allt�Ot OU1RIHAN, FRATTAROLI AND BARRETT
COUNSELORS AT LAW
�
Mk
%I SALEM GREEN
WALTER A.COSTE LLO,JR. �1�u 16 LEnM, MASSACHUSETTS O�SJO LAWRENCE OFFICE
NEIL A.HOURIHAN U` r, 420 COMMON STREET
CARMEN A.FRATTAROLI PECE1V cQ Ass LAWREN CE,MASSACHUSETTS 01040
THOMAS J.BARRETT �/ OF Sp�EP11M
JON T.SKERRY C111
ANNETTE M.GONTHIER AREA COO.617
PETER J.OARROZZA SALEM 745-6670
JOHN GILLEN BOSTON 592-0037
SHARON M.PARENTEAU LAWRENCE 6899425
June 10 , 1983
Richard T. McIntosh
Inspector of Buildings
Zoning Enforcement Officer
One Salem Green
Salem, MA 01970
Re: 75 Webb Street
Lenn Doherty
Dear Mr. McIntosh:
Please be advised that Mrs . Doherty has returned from
Florida. However, I am informed that she is going to be
operated on due to an illness.
I have attempted to file appropriate forms and will do
so as soon as possible.
Ver/y,,truly yours,
A. Hourihan
NAH/sea
yON OIT/' + rr
af
Richard T. McIntosh
One Salem Green
745-0213
June 6, 1983
Neil A. Hourihan, Esq.
2 Salem Green
Salem, NA 01970
RE: 75 Webb Street
Len Doherty
Dear Nr. Hourihan:
I have filed a complaint in the District Court
relating to the above referenced property .
Date of appearance is posted for July 6 , 1983
at 10 : 00 a. m.
Very truly yours ,
/ f
Richard T . McIntosh
Inspector of Buildings
Zoning Enforcement Officer
RTM : bms
CC : Marcus Driscoll Realty
10 Martin St . , Marblehead
Richard Stafford , City Solicitor
COMPLAINANT �t GVcGfA / .. ' (t ��_4— O )� t AODkESS _[ G_� IrJJ a�
ALLEGED DEFENDANT L 4' ^ d ADDRESS -76- (-v
(If House Conta,nt More Tnm+One Fancily, Des,gna{c Which At+,lrtmcm)
pp / „�, /),I,-
f / DATE OF BIRTH
OFFENSE C l61'p,t uv Q 0tl¢'}4 tdQsy7�T�OHtai UIA- c,
IGive Chapter and Section of Stalote, Ordinance or Regulation Violated)
DATE OF OFFENSE PLACE OF OFFENSE
(Or if for Non-Support. Length of Time No Support Had)
STATE IF DEFENDANT ARRESTED _,_,YES„NO DATE OF ARREST
WAS DEFENDANT BAILED _.YES —NO AMOUNT S
INFORMATION TO BE GIVEN ON MOTOR VEHICLE VIOLATIONS
LICENSE v ISSUED
REGISTRATION 0 ISSUED
OWNER
INFORMATION TO BE GIVEN ON JUVENILE COMPLAINTS
JUVENILE ADDRESS
AGE
FATHER ADDRESS
MOTHER
ADDRESS
FACTS UPON WHICH YOU RELY FOR COMPLAfNT TO ISSUE
�u ru,P
WITNESSES
F-tri 'f' oI
DATE OF APPEARANCE IN COURT -L G-1
COSTELLO, HOURIHAN, FRATTARO 1,141JQgjARIFETT
COUNSELORS AT LAW
TWO SALEM GREEN
WALTER A.COSTELLO.JR. SALEM, MASSACHUSETTS 1`7
97P�j}( r,:.
gENCE OFFICE
N fiIL A.NOU RIMAN �UL V ljf) fll f r COMMON STREET
CARMEN A.FR ATTAROLI LAWRENCE,MASSACHUSETTS OIBIO
THOMAS J.BARRETT 1 g
E
JON T.SKERRY � � �^
ANNETTE M.00NTHIER 9 1 T Y O.r $ALLfllQv.S:A REA CODE CI]
PETER J.CARROZZA -
SALEM ]13.88]0
JOHN OILLEN BOSTON 392.0037
SHARON M.PARENTEAU
LAWRENCE 609-9125
July 6 , 1983
Robert F. Arena
Clerk-Magistrate
First District Court of Essex
65 Washington Street
Salem, MA 01970
Re: Commonwealth
Vs. Lenn Doherty
Dear Mr. Arena:
Would you kindly note objection to the finding of probable
cause at the Clerk's Hearing on July 6, 1983 , regarding the
above-entitled matter.
Please note my client's appeal of said finding for the
record and request date for further hearing. Thank you.
Very truly yours ,
Neil A. Hourihan
NAH/sea E
cc: Richard T. McIntosh
William R. DiMento, Esquire