Loading...
5 BALCOMB STREET - BUILDING JACKET s-/, r APPLICATIONADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT � JUVENILE District Court Department ❑ ARREST 9C HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem DlstrlCtCourt named defendant, charging said defendant with the offense(s)listed below. Wa'Stttl431on Street DATE F APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 } (jL a f :. �, r +°e -tL— Satem,Mx 9S9TO " NAME OF COMPLAINANT NO. f OFFENSE G.L. Ch,and Sec ADDRESS A D ZIP CODE OF COMPLAINANT _. z. x reNAME.ADDRESS AND 21P CODE OF DEFENDANT t-+ ('/{. +'/'i f �I a ` —!�' y,--G,-U.�., � r4i ,fes `'`__-._._ •- ._ __..._.._. _.. . 3. t '7 -JVn r COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on z AT 7 JiJ ; � ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE 04 CO TROL f NO. Owner of property, Goods stolen,what Over or under SUBSTAN PON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. u Y" 2 y; 3 r �i ry 4 ✓ OTHER REMARKS: o� f��P� ,� ©�� ad doo3 Fa: X ' N SIGNAT -C DEFENDANT IDENTIFICATION INFORMATION — Corpplete data below if known. DATEOF BIRTHPLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE r I WEIGHT EYES I HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MA[DEN) FATHER'S NAME y. w 1.• Cn DC-CR2(3188) tM C� CITY OF SALEM, MASSACHUSETTS ?� PUBLIC PROPERTY DEPARTMENT d q� 120 WASHINGTON STREET, 3RD FLOOR �C�MINB SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 22, 2003 Fernando Gomes 47 Walnut Street 3rd Fl Peabody, Ma. 01906 RE: 5 Balcomb Street Dear Mr. Gomes: This Department has received a complaint regarding the unregistered and uninspected vehicle in the driveway of the property mentioned above. This violates City Ordinance 24-21, which prohibits the storage of unregistered cars for more than 15 days. You are directed to remove this vehicle by January 20, 2004. Failure to comply will result in Municipal Code tickets being issued for each day. If you have any questions, please contact me directly. Sincerely. Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Bencal Fire Prevention I i 05/20/04 09:50 FAX 978 745 9369 COHEN&COHEN la001 ' f I ' I 6; f COHEN & COHEN, P.C. ATTORNEYS AT LAW ! i MYRONJ.COHEN NEAL 7.COVEN 81 WASHNGTON ST,SUITE 315 SALEM,MASSACHUSETTS 01970 (978)745-9464 FAX NO.(978)745-9369 i ' DATE OF TRANSMISSION: a /� V TIME OF TRANSMISSION: Please deliver the following pages to: NAME: dcrqj f_ file COMPANY/FIRM: rl ADDRESS: CITY/STATE: / . FAXNUMBER: 2XV - (� gY6 FROM: NUMBER OF PAGES 3 INCLUDING THIS COVER SHEET ' l OUR FAX NUMBER IS 978 745-9369 LL/ j COMMENTS: per(. ;t A, d cc ' i I If you do not receive or cannot read any of the transmitted pages, ca at 978 745-9464. i This and the documents attached hereto are confidential and privileged. It is intended only for the individual or entity named above. If you are not the intended recipient, any disclosure, I copying, distributing or use of this transmission is prohibited. If you received this transmission in error,please contact us immediately so that we arrange for its return. t DATE OF PERMIT PERMIT No. I OWNER LOCATION R2116-1 10/18/85 667 J Richard B. & Linda D. LaTouch ( 5 Balcomb St. STRUCTURE MATERIAL I DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST Wood 2 Z� 16 $2,000.00 i BUILDER -i6 Pt=2 TSQ.O�I l3� 1� 10/18/85 #667 Replace existing 1st floor porch, add 2nd floor porch above, add Dormer to 3rd floor attic for Bedroom to owner's apartment. Also build a 6' X 8' Storage Shed in yard, not attaehad to House. BOARD .OF APPEAL: 10/29/86 - GRANTED - Special Permit to convert two family into a three family 12/ 10/87 # 1299 Addition of 3rd. apt. No major structural changes, est. cost $7,000. fee $47.00 B.O.A BOARD OF APPEAL: 3/20/91 - DENIED - Variances to allow third apartment. (Virginia and Fernando Gomes, owners) BOARD OF. APPEAL: 9/11/91 - DENIED - Variances to allow a third apartment. Unofficial Property Record Card Page 1 of 1 Unofficial Property Record Card - Salem, MA General Property Data Parcel ID 17-0051-0 Account Number Prior Parcel ID 61 -- Property Owner GOMES FERNANDO H Property Location 5 BALCOMB STREET GOMES ANA PAULA Property Use Three Fam. Mailing Address 5 BALCOMB STREET Most Recent Sale Date 5/812009 Legal Reference 28565-134 City SALEM Grantor GOMES FERNANDO H, Mailing State MA Zip 01970 Sale Price 0 ParcelZoning R2 Land Area 0.092 acres Current Property Assessment Card 1 Value Building 245,200 Xtra Features Value Value 300 Land Value 108,200 Total Value 353,700 Building Description Building Style Muid-Garden Foundation Type Brick/Stone Flooring Type Hardwood #of Living Units 3 Frame Type Wood Basement Floor Concrete Year Built 1885 Roof Structure Gable Heating Type Forced H/Air Building Grade Average Roof Cover Asphalt Shgl Heating Fuel Gas Building Condition Average Siding Vinyl Air Conditioning 0% Finished Area(SF)2457 Interior Walls Plaster #of Bsmt Garages 0 Number Rooms 14 #of Bedrooms 5 #of Full Baths 2 #of 3/4 Baths 1 #of 112 Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.092 acres of land mainly classified as Three Fam.with a(n)Multi-Garden style building,built about 1885,having Vinyl exterior and Asphalt Shgl roof cover,with 3 unit(s),14 room(s),5 bedroom(s),2 bath(s),0 half bath(s). Property Images r r Disclaimer:This information is believed to be correct but is subject to change and is not warranteed. http://salem.patriotproperties.com/RecordCard.asp 5/13/2016 CRIMINAL COMPLAINT 0436CR002937 Trial Court of Massachusetts h DEFENDANT Salem District Court ;�,�•. "� GOMES, FERNANDO 47 WALNUT STREET 3RD FLOOR TO ANY JUSTICE OR CLERK-MAGISTRATE PEABODY, MA 01960 OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 06/02/1969 MU XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at the location stated herein the defendant did commit the - offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 05/20/2004 SALEM COMPLAINANT POLICE DEPARTMENT �+� f ST PIERRE, THOMAS SALEM�' U� DATE OF COMPLAINT RETURN DATE AND TIME LN1'pp pp��,,pp��,, 08/11/2004 11/05/2004 9:00 AM O6JIdlIY14D�? COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW„VIOL on 05/20/2004 did FAILED TO ADDRESS MUNICIPAL VIOLATION,in violation of 24/21 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE ` COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRSTJUSTICE COURT Salem District Court Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST: X SEP ._. : ofttlem, � ttssttcltusetts 'Bnttra of 'Appeal DECISION-ON-THE—PETITION OF FERNANDO GOMES FOR VARIANCES ATOS BALCOMB ST. (,R-21 A hearing on this petition was held September 11 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski, Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Variance from use and parking to allow a two family dwelling to be converted to a three family dwelling. The property is owned by the petitioner and is located in an R-2 district. Before hearing the merits of this petition, the Board of Appeal has to consider whether or not there is a substantial and material change from a previous petition to allow a two family to be converted to a three family which was denied by this Board on March 20, 1991 . The Board of Appeal, after hearing the evidence presented, and after recieving Consent from the Salem Planning Board, voted 4-1 (Mr. Bencal opposed) that there was a substantial change, said change being, . the change in the floor plans and the addition of the request for parking. Also, petition was not present at the last hearing as he was unaware of having to be present. The Board of Appeal will hear the petition. The Variances which have been requested may be granted upon a finding by the Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, building and structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . Mr. Gomes represented himself. 2. There was no opposition or support for the petition. 3. A Special Permit was granted to the previous owners in 1986 to allow three units,. one of. .the conditions being that five (5) legal parking spaces be maintained on the premises. The project was never completed. 4. A subsequent amendment to the Zoning Ordinance now requires a Variance to convert a two family to a three family in an R-2 district. 1 DECISION ON THE PETITION OF FERNANDO COMES FOR A VARIANCE AT 5 BALCOMB STREET, SALEM page two 5. Petitioner purchased the property in January of 1991 as a two family dwelling. 6. Petitioner failed to meet his burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted two (2) in favor (Mr. Febonio & Mr. Luzinski) , three (3) opposed (Mr. Bencal, Mr. Correnti and Ms. Stirgwolt) . The motion to grant the Variance from use and parking having failed to garner the require four (4) affirmative votes to pass,fails and the request is denied. VARIANCES DENIED September 11 , 1991 cha�nio, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK p,ppeal from this decision, if any,shall be made pursuant to Section d y tR Chapter 808. and shall be filed within City CO key' the Mass.General Laws, the Variance _ Chcn'er BOB, Section Il, of the a{ter the date r filing of this decision in the office of the a_ zrj P�.irsuait to Mass.General Laws.sh,11 not take effect until a copy or ;••ecial Permit granted herein or that, if such appeal has been -s --_ Outh Essex decision °�tinP the certification of the City Clerk that 20 days have c, n the S elapsed and no aPPeal has been tiled, LI filed,that it has been dismix undeanted he name a,the l owner of eCOnt OL Registry of Deeds and indexed 1s worded and no on the owner's Certificate of Titla. BOARD OF APPEAu d - W (n ��'� <b � (git of �ttlem, Tttssarliusetts ` <;, ,; F 'Boura of Appeal ;'c,_m..�' '91 APR —3 P3 :07 DECISION ON THE_PETITION_OF FERNANDO AND VIRGINIA GOMES FOR CITY CLERK'S OFFICE VARIANCES 9T-'5 BALCOMB ST. (R-2) SAL[`1 A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio and Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Mass- achusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting Variances to convert a two family dwelling to a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after consideration of the application submitted and 'after viewing the plans, makes the following findings of fact: 1 . Neither the petitioner nor his representative appeared at the hearing. 2. A Special Permit for a third dwelling unit had been prevously granted by this Board but the project was not completed. 3. A subsequent zoning amendment made it necessary to obtain a variance rather than a Special Permit for the addition of a third dwelling unit. On the basis of the above findings of fact, and on the evidence available, the Board of Appeal concludes as follows: 1 . There was insufficient. information .made available to the Board of Appeal to enable them to conclude that Special conditions and circumstances exist which especially affect the subject property and not the district in general; or that; literal enforcment of the Ordinance would involve substantial hardship to the petitioner or whether the granting of the Variance would substantially derogate from the intent of the district, the purpose of the Ordinance and be substantially detrimental to the public good. DECISION ON THE PETITION OF FERNANDO & VIRGINIA COMES FOR VARIANCES AT 5 BALCOMB ST. , SALEM page two Therefore, the Zoning Board of Appeal voted one in favor (Mr. Febonio) three opposed (Mr. Bencal, Mr. Correnti and Ms. Stirgwolt) . The motion to grant.. having failed to garner the requirement four affirmatives votes to pass, fails and the Variances are denied. VARIANCES DENIED March 20, 1991 C Mary Stirgwolt, ember, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ti W C U en Ali. CL C vi Apaeal from this decision, If any.shall be made pursuant to Section 17 of t"1 Y`: the floss. General Laws,Chapter 808, and shall be filed within 20 days LL! 1 Q<— after the date of filing of this decision in the office of the City Clerk. W aid. -JJ Pursuant to Mass. General,Laws, Chapter 808, Section 11,the Variance the LL' }N or ?pecial Permit granted herein shall not take effect until a copy o. _ t-- decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, it such appeal has been filed,that it has been dismissed or denied is recorded in the South Essex Registry of Deads and Indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL' I I (�it ofttlem_,I � ttS�tttl� etL QMra U1 peal FILE ;` ( �r ; DECISI0N ON THE PETITION_0_F RICHARD -& LINDA LATOUCH FOR A SPECIAL PERMIT A, 5 BALCOD]B ST!(B-_f/R-2) A hearing on this petition was held October 29, 1986 with the following Board Members present: James Hacker, Chairman; Richard A. Bencal, Secretary; Messrs. , Fleming, Luzinski and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioners, owners of the property, have recuested. a Special Permit in order to convert a two family dwelling into a three family dwelling. The site is zoned B-1 /R-2. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B, 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, ex- tension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . a petition of support signed by neighbors, abutters and others was presented; 2. No opposition was presented at the hearing; 3. The petitioner purchased the property approximately six (6) years ago when it was in disripair and has made the property very presentable. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed third unit will not be substantially more detrimental to the neighborhood; 2. The proposed third unit will promote the convenience and welfare of the City' s inhabitants. DECISION.ON TEE PETITION OF RICHARD AND LINDA LATOUCH FOR A SPECIAL PER ;IT AT 5 BALCOMB ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously , 5-0, to grant the Special Permit requested subject to the following conditions: 1 . A legal building permit be obtained; 2. construction must be done as per the plans submitted and amended at the hearing reflecting the change of the kitchen, living area and bedroom area; 3. Five (5) legal size parking spaces be maintained on premises; 4. All construction conform to all applicable provisions of the Massachusetts State Building Code; 5. All urovis`ions of the Salem Fire Department regulations relative to smoke and fire detectors be adhered to; 6. A Certificate of Occupancy must be obtained. SPECIAL PERMIT GR-.NTED ichard A. Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO1 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF_THE Mn." . GENERAL LAV6, CHAFTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSANT TO MSS, GEN'E'FSL LABS. CHAFTER 808, SECT:CN 11, THE VARIANCE OR SPECIAL FERiaT GRANTED HEREIN, SHALL NOT TA...E EFFECT UNTIL A COPY 0: THEDECISION. BEAR!NO 1FLE CERT FICATIOti OF THE CILY CLERX T?AT 20 DAYS HAVE ELAPSED rAO NO APPEAL HAS BEEN FRED, OR THAT, IF SJOH AN APPEAL HAS BEEN FILE. THAT IT F.=S BEEIi DIS..V-ED OR DENIED IS RECORDED IS THE SMH ESSES REGISTRY CF C'EEDS AND INDEXED UNDER THE NAME OF THE OW11P. OF RECORD OR IS RECORDED AND NOTED 019 THE OWNER'S CERTIFICATE OF TITLE BOARD OF APPEAL a CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT �/'� Lri.Slia.✓ ST �m✓�/. Dear Sir/Madam The Board of Health has received notification that you are in violation of one or more of the following Board of Health regulations as indicated: Property located at S' .ST in Salem, Massachusetts. Trash placed at curbside before 6:00 PM the evening before collection (BOH Regulation 7, Sec 3:10) During the week of a holiday,trash pick-up is one day later than usual. Trash not placed at curbside by 7:00 AM the day of collection (BOH Regulation 7, Sec 3:10) p Appliance/"white goods"placed at curbside for municipal pick-up (BOH Regulation 7, Sec 3:10) Call Salem DPW for instructions 978-744-3302. Placement of construction or demolition waste at curbside for municipal pick-up (BOH Regulation 7, Sec 3:14) Contact private disposal company or the Salem Transfer Station for drop off times. Excessive amount of trash,not resulting from ordinary housekeeping activities (BOH Regulation 7,Sec 1:3) Placement of computer or television monitors out at curb for municipal collection Remove from curb. Bring item to annual Hazardous Waste Day or remove privately. You are ordered to correct the above violation(s)within twenty-four(24)hours. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. Continuation of this violation or its recurrence will result in the issuance of a$25 trash ticket for each day the violation exists. Sincerely yours, Reply to: Joanne Scott A, Health Agent Cc: DPW 22