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7 BEACH AVENUE - ASSESSED AS 5 BEACH AVE - BUILDING INSPECTION 7 g8ACH AVE . ASSESSED ASVSEACH 0 rap ab® Overs¢edTab Folders 90%Larger Label Area /// I SMEA® KEEPING YOU ORGANIZED No. 10301 PATENTPENDING (l�j)SUSTEA5�INRyABIE MIN.RECYCLED Aimh 1j NIiIATl 4v CONTENTIN& aAn.eRlneomme POST-CONSUMER wwn�;�mare MADE IN USA GET ORGANIZED AT SMEAD.COM `b M fQitt� oftt1Pm, Ctt$$ttrl�u$P��s i i 3 u All 'Q� unrb ofuVeal T _. DECISION ON THE PETITION OF GERALDINE-ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILDINGS REGARDING 7=BEACH A hearing on this petition was held on March 7, 1990 with the following Board Members present: James M. Fleming, Chairman; Messrs. , Bencal , Febonio, Luzinski and Associate Member Dore. 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 petitioner, represented by Attorney George W. Atkins, is requesting the Board of Appeal overrule a decision of the Inspector of Buildings relative to the property located at 7 Beach Avenue, presently an R-1 zoning district. The Inspector of Buildings has issued a decision that, since Mr. Atkins no longer occupies the premises, the Special Permit issued by the Board on June 2, 1969, is null and void. The Board of Appeal , after careful consideration of the evidence presented.at:- ' the hearing, makes the following findings of fact: 1 . The petitioner and her former husband obtained a Special Permit to utilize the property as a two family in 1969. 2. The decision granting said Special Permit was conditioned on the occupancy of the premises by the Atkins family. 3. The petitioner and her children have continuously occupied the premises since 1969. Mr. Atkins no longer occupies the premises as a result of divorce. 4. The intent of the Board of Appeal in 1969 was to allow the premises to be utilized as a two family residence as long as it was occupied by the Atkins family. 5. The decision of the Inspector of Buildings creates a substantial hardship, financial or otherwise,on the the petitioner. 6. The continued use of the property as a two family residence is not substantially detrimental to the public good and does not substantially derogate from the intent of the zoning district or the purpose of the Zoning Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio voted in opposition) to overrule the decision of the Inspector of Buildings and to allow the property to be utilized as a two family as long as it is occupied by the petitioner. DECISION OF THE INSPECTOR OF BUILDINGS OVERRULED r 1 DECISION ON THE PETITION OF GERALDINE ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILDINGS RELATIVE TO PROPERTY LOCATED AT 7 BEACH AVENUE, SALEM Page two ?;Rhaord A Benrat Vice Cha7rman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, it any, shati be made pans+.:ant to Section 17 of the Mass. General Laws, Chapter CC. end shr.A tie file] 20 days after the date of filing of this 5:,,.;,a is the ot4Ce ct Ire City Clerk. -,..� Pursuant to [Gass. Gc+gr; ,_ . ^+. S". tit, _he variance T� or 4Peeill Permit➢.r::n'^ Jo' e.fir.t „rare a copy of the decision, beannq the c,r,i n.• + . .:pr Clerk that 20 Osys have elapsed and no aopc-1 hr: I-+0 5 --;f, at :oat, it s_+ch :appeal has been :—! filed, that it has been d..Mt5:Q- or r ;n,ed is recorded in the south Essex Registry of Deeds and indexed un:.+er tife name or the owner of record or, • Is fpcorded aad noted in the owner's Certificate of Title. BOARD OF APPEAR APPLICATION IXK ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE . District Court Department ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within - Salem District Court named defendant, Charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Wa, in on St 12/14/92 8/11/82 7 Beach Avenue, Salem NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and See ADDRESS AND ZIP CODE OF COMPLAINANT One-Salem-Green.— _�_e Violation of City of Salem -- - — - Zoning Ordinance Art.VI §6- Salem, 14A 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT -Geral dirte-Atkins - — --._ - -- 3. 7 Beach Avenue -Salem;MA--01970 - - -- -- - 4. COURT USE A hearing upon this complaint application DATEOFHEARIN T EOF E ING COURT USE ONLY will be held at the above court address on T *—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. - Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc., 7 • 2 3 4 OTHER REMARKS: Refuses to lower height of fence to. the allowed height of six (6) feet in accordance with:;the requirements of the City of Salem Zoning Ordinance Art;.; VI §6-4, Table I - Maximum Height •of .fences/boundary walls Offet) in an R-1 District. SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME / 1 9-3 -A , m , Iry 7:0-0A. M. 2iij 1 `7` 43 q. 0 DC-CR2(3/88) —APPLICATION f ADULT 'NUMBER Trial Court of Massachusetts FOR.COMPLAINT ❑ JUVENILE ' District Court Department ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within -A Salem District Court named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE 65 Washington'Street 12/14/92 8/11/92 11 Beach Ave. Salem Salem, MA.01970 NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAINANT w Violation of the City of Salem I---One Salem-Green--- .__ _ Zoning Ordinance Art, VI § 6-4 Salem, MA 01970 2. D NAME,ADDRESS AND ZIP CODE OF DEFENDANT —Agnes-&-Paul-Fennell- --_ _______ __. _..___ 11 Beach / -. 3. — —Salem,--MA,- 01970 4. COURT USE A hearing upon this complaint application I DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on — AT L ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 '+ i 2 3 - ti OTHER REMARKS: to Refuses to .lower height of fence to the allowed'llteight of Six (6) feet in accordance with the requirements of the City of Salem Zoning{OVdinance Art. VI § 6-4, Table I Maximum height for fences/boundary walls (feet) in an' _District. 11X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT I EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN)c F�THER'S NAME C-) O 3 r n z a z -1 N C-) 0 v { DC-CR2(3/88) 3 ° eftp of *atem, 01nouboetto Public Propertp Mepartment 3suilbing IDepartment One *alem Green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 6, 1989 Geraldine S. Atkins 7 Beach Avenue Salem, MA. 01970 RE: 5-7 Beach Avenue Dear Ms. Atkins: Due to complaints received at this office, an investigation was made at the above referenced property for possible coning violations. Please be advised that you are in violation of the City of Salem Zoning Ordinance, Section V, A, (Permitted uses in an R-1 district).. Please contact this office within (7) seven days of receipt of this letter. Failure to do so shall constitute further legal action. Sincerely, David J. Harris Assistant Building Inspector Received by: c.c. George A. Nowak Delivered in hand by: Michael O'Brien City Clerk Date: UNITED STATES POSTAL SERVICE ` M ..,m-s..x.,,,,, ,,,,,,...� ^^a•., .�„^,,,,,., OFFICIAL BUSINESS c., - y !7 JAN n , SENDER INSTRUCTIONS � - /^�j'�. "'"'"""^""`-- ' �,—•- Print your name,address and ZIP Code lo theapace below. • Complote hems 1,2,3,and 4 on the reverse. U.SO • Attach to from of article If space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 8300 Requested—adjacent to number. RETURN Print Sender's name, address, and P Code in the space below. TO » �� iSENDER: Complete items t and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned topou.The return receipt fee will provide You the name of the person delivered to and the date of delivery.For a33moneffeas me-- following services are eve a e. onau t postmaster Tor Tees fine CneCK owdes) for additional service(s) requested. 1. ❑ Show to whom delivered,date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Erma charge) 3. �7rticisAddre sed to: � f 4�. 'c1e Nurrrbar / Type of gr1agiaterad � insured /.�r.--/7 �7 Certified ❑COD % / CJ EzPress Mail ❑ Return Recei t for urn Recer�lse r -Atwayb'obtain signature of addressee a2�i o(.agent. d.DATE DELIVERED. 5. Sigr re — Address 8. Addresse 's Address (ONLX ii X f(/ ,4quesk,1" fee paid) 6. Signature — Agent X 3 7. Date of Delivery PS Form 3811,Mar. 1988 « U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT P 070 314 271 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Se � P.O. late It ZIP Dcude r Postage 5 r Canified Fee /v Special Delivery Fee U Restricted Delivery Fee Retvm Receipt showing to whom and Date Delivered u Return Receiptto whom. Date,and Addressss of pf Delivery W 3 TOTAL.Postage and Fees 5 �7 o Postmark or Date E 0 LL N in STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) I. It you want this receipt postmarked,stick the gummed stub to the right of the return address 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 to the right of the return address 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 an a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise, affix to hack 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 at this receipt. If return receipt is requested,check the applicable blocks in item 1 of Farm 3811. 6. Save this receipt and present It R you make inquiry, n U.S.G.P.O.1988-217-132 CUP of Gal m, ;ffla95aCbU!5ettg Public i3ropertp 3Department e �3uitbing Mepartment One 63alem arem 745-9595 text. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 16, 1990 Geraldine S. Atkins 7 Beach Avenue Salem, MA. 01970 RE: (S=TBeach Avenue Dear Ms. Atkins, Please be advise that you are still in violation of the City of Salem Zoning Ordinance section 5 - A (permitted uses in an R-I district ) . We have not received an application to the Zoning Board of Appeal. Therefore, if we do not receive a response within fifteen days from receipt of this letter we shall seek a complaint against you in Salem District Court . r Sinc rely/,n, .a �s2��.�/ 1�-elz Z"�7 David J. Harris Assistant Building Inspector DJH/eaf c.c. City Solicitor City Clerk George Atkins, III rn August ;r,`1M a r-_ c� rn c Mr. William Munroe a Building Inspector y CITY OF SALEM Salem City Hall P Salem, MA 01970 Dear Mr. Munroe, I am writing with reference to an apparent ongoing violation of the zoning ordinance at 7 - 9 Beach Avenue, Salem. It is my un- derstanding. that Beach Avenue is an R-1 District permitting only single-family residences. The structure at 7 - 9 Beach Avenue is, I believe, presently being occupied as a three-family dwell- ing. My preliminary research indicates that one (1) unit is being occu- pied by the owner, Geraldine Atkins. The first floor is being oc- cupied by Mark Harter and the basement floor is being occupied by an individual named L. Ywuc. Each of the above has a telephone number at the address and the three (3) units are separately me- tered for electricity. The use of 7 - 9 Beach Avenue as a three-family dwelling has ag- gravated already difficult parking conditions in my neighbor- hood. My work requires that I return home very late at night and, upon arriving home, I am consistently finding it difficult to park on the street near my home because of the number of cars generated by the three-family use at 7 .• 9 Beach Avenue. I at tempted to discuss my problem with Geraldine Atkins, but she . brushed off my problem saying, "It' s a public street and anyone ' ,,can park there, " or words to that effect. Mr. William Munroe Page. Two August 2, 1989 Inasmuch as the owner of 7 - 9 Beach Avenue will not respond con- structively to the parking problems created by her use of her property, I am left with no alternative but to make formal com- plaint to you as Building Inspector to immediately investigate and act upon any illegal use of 7 - 9 Beach Avenue as a mult' e family dwelling. K w c Thank you for your attention to this matter. If you havQ any-^ ,- questions, please feel free to contact me. n m C� c m< r �rn � c Very truly yours, a n � y H � V Arthur Ingemi 8 Beach Avenue Salem, MA 01970 Business Phone: 744-7777 To Be Added To Complaints In addition to enclosed complaint I would like to bring to your attention an illegal basketball hoop installed on city property in front of thier home which is the cause of excessive noise and foul lanquage when ' , . in use . I would like it removed as soon as possable. APPLICATION U ADULT NUMBER Trial Court of Massachusetts y FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 12/14/92 1 8/11/92 7 Beach Avenue, Salem Salem, MA. 01970 NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green ,_ Violation of City of Salem Salem, MA 01970 Zoning Ordinance Art.VI §6-4 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Geraldine Atkins - 3. 7 Beach Avenue Salem, MA 01970 4. COURT USE A hearing upon this complaint application DATE OFHEARING TI ME OFHEARINO COURT USE ONLY— * will be held at the above court address on AT ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Refuses to lower height of fence to the allowed height of six (6) feet in accordance with the requirements of the City of Salem Zoning Ordinance Art. VI §6-4, Table I - Maximum Height of fences/boundary walls (feet) in an R-1 District. x SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTH ER'S NAM E(MAI DEN) FATHER'S NAME COURT USE ONLY i DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE At request of complainant I❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS Sufficient evidence presented Warrant Defendant failed to appear Summons returnable Continued to COMMENTS APPLICATION E ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT F-1 JUVENILE District Court Department 17 ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that acompplaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 12/14/92 8/11/92 11 Beach Ave. Salem Salem, MA. 01970 NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Violation Of the City Of Salem One Salem Green — Zoning Ordinance Art. VI § 6-4 Salem, MA 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Agnes & Paul Fennell — 11 Beach AVE. 3. Salem, MA 01970 4. COURT USE I A hearing upon this complaint application DATEOFHEARING TIMEOFHEARING COURT USE ONLY will be held at the above court address on AT ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED 10. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. t 2 3 4 OTHER REMARKS: Refuses to lower height of fence to the allowed height of Six (6) feet in accordance with the requirements of the City of Salem Zoning Ordinance Art. VI § 6-4, Table I Maximum height for fences/boundary walls (feet) in an R-1 District. x SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. 777 LACEOFBIRTH SOCIALSECURITY NUMBER SEX RACEHEIGHT WEIGHT EYES HAIR CCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable Continued to :,OMMENTS SENDER: • Complete items 1 and/or 2 for additional sl5wices. I also Wish to receive the • Complete items 3,and 4a&b. following services (for an extra • Print your name and address an the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"an the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a.Article Number � q 4b. Service Type ❑ Registered 11 Insured ed El COD /� 5 less ail ❑ Return Receipt for Q 9�r/ Is Merchandise s'l g4ve .frA ery m4 5. Signature dresseel r /I ` f8:. 'I:ddr sse s dress (Only if requested 4� fee ' pa 1 6. Sig ature (Agent) Po PS Form 3811, November 1990 *U.S.cp0:1e91-267-066 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I .�-ESS Official Business P e«� —PENACT4`POR PRIVATE USE, 8300 Print your name, address and ZIP Code here c � UC 1119 ;;;,a Titg of *a1Em, Massar4uapttu ori`, iR Public Prapertg Repartment NuilDing department (One Snitm (6rren 508-745-9595 Fxt. 300 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 8/11/92 Geraldine Atkins 7 Beach Ave . Salem, Ma . 01970 Re _—.7�Beach_Ave . Dear Ms . .Atkins : Due to complaints received a site visit was made to the above mentioned address . Upon inspection it was noted that a fence was erected above the maximum height of six ( 6 ) feet . You are in violation of Table 1 of the City of Salem Zoning Ordinance . Please contact this office within seven ( 7 ) days of receipt of this notice . Failure to do so shall constitute further legal action. Sincerely Maurice M. Martineau Acting Inspector of Buildings cc: Ward Councillor City Solicitor pot 93 a�� 42 ATEMEN T OF SMALL CLAIM + "" " 1541 Trial Court of Ma"achusetts .;x _AND NOTICE OF TRIAL b►y. 9236 SC fax Small Claims Session PART ❑ BOSTON MUNICIPALElDISTRICT COURT ❑ HOUSING COURT 1 .. .- COURT Dlvislon Division PLAINTIFF'S NAME,ADDRESS,ZIP CODE AND PHONE PLAINTIFF'S ATTORNEY(it any) - -- - - - -- - nr+ n�- P IngeID< Name:.. - PART Z 8 beaeh ll&` Address: ..... Salem "7 MA 0197E1 PHONE NO: - ?.PHONE NO: - DEFENDANT'SNAME,ADAS1, PCODE AND PHONE ADDITIONAL DEFENDANT(if any) TPrri At #, , ki n>; .. .- . .. ... :_ - :�TName: " PART --r PA rh _ -„ AddleaS '_. _Salem, MA 01970--- 3$70A000-._. 11/10/9c"SMl CLAIM 15.0 PHONENO: e'PHONENO:- PLAINTIFFS CLAIM.The defendantowes$ up wplus$ c2R70AftusfoL26mbA7�Id9Jons9.0 Give the date of the event that is the basis of your cfafm._ _ begiiling the $, m,�er was erected for no other purpose, but to-�block=,a beautiful o.-... ART thei-fP n�a--hapn" rnns,trnrsf,60 Vi thil-in view to `the ocean '`' Had the legal guidlines of six feet;- onr view wot}'ld not, have — beenrec >E►_ clisturbod ('�hsa foraca Jris almcct '7 Fee+ • „i nM After severah warnings and letters by:'ahe Salem Btalding r4 T �rsspector this—partly chose-t^ ignnr-+"hp' i ] lPgali+ice wnA"dn = = _nothing.-,to- solve -the :groblem.-..,(Letters enclosed).'; v . Thi c-`j,1`1 egaV 'AnA"i'rraennnr"i hia`fanra"that`-vart• ra•4-PI '' IT __;,.erected, has 'caused us <to �loose- 95% '°of'-our :ocean' view, thus ri as� causing unreasonable distress and damages." - H. 3=' w=' C -77 _ -SIGNATURE OF PLAINTIFF DATE�- MEDIATION: Mediation tis claim maybe ava le prior to trial if both parties agree to discuss the matter fth mediator; PART who will assist the parties in Trying to resolve the dI pute on mutually agreed to terms.The plaintiff must notify the court if s he or she.desires mediation;the defendant may consent to mediation on the trial date. - °O"The laintiff is-willingto attempt to-settle this claim through court'medlatlon:� ,- MILITARY AFFIDAVIT.-The plaintiff states under.the pains and penalties of perjury that"the r PART ❑ above defendants)Is(are)not serving fn ❑ above.defendants)fs(ale)servingin, - a a the military and at present Ifve(s)or work(s) _ • ' -a m_ it ry -�Viol. - �E-_0� at the above address. SI NATURE LAINTIFF DATE r a . . NOTICE TO DEFENDANT: NAME AND ADDREs OF COURT S x You are being sued in Small Claims Court by the above BOTH THE n o cc t— - named plaintiff. You are directed to appear for trial of this SALEM DISTRICT COURT AND PLAINTIFF U. . . claim on the date and time noted to the right. DEFENDANT c O 9 65 WASHINGTON ST. DEFENDANT 77 If you wish to settle this'clafm before the trial date, you SALEM MA. 01970 APPEAR AT c should contact the plaintiff or the plaintiff's attorney. DATE ANDTIME OF TRIAL THISCOURT m CMX -,...,,. ...__ _... �..:. .. ...._ .. ON THE C _.__ _. - .. . -DA N O. T , Z - SEE ADDITIONAL INSTRUCTIONS ON THE BACK OF THIS FORM MAY 11, ¢93 9 :00 AM TIME ' Z x iFIRSTJUSTICE. .. CLERK-MAGISTRATE OR DESIGNEE DATE TIME SPECIFIED !< INSTRUCTIONS FOR FILING A SMALL CLAIM — You must complete Parts 1-6 of this form. See instructions on-reverse:- D0-SC-1(8186) ATENCION: ESTE ES UN AVISO OFICIAL DE LA CORTE.SI LISTED NO SAGE LEER INGLES,OBTENGA UNA TRADUCCION. COMMONWEALTH OF MASSACHUSETTS Trial Court Small Claims Session District Court Department Small Claim No: First Essex Division 9236 SC 01641 ARTHUR P. INGEMI ) Plaintiff ) Vs. ) ANSWER GERALDINE S. ATKINS, ) Defendant. ) FIRST DEFENSE The complaint fails to state a cause of action upon which relief can be granted; rather it states a frivolous cause not known to the law and calculated egregiously to harass the defen- dant and cause her to incur expense while at the same time caus- ing the expenditure of the effort of this court at a time when legislative appropriations for the maintenance of the courts are being severely curtailed. SECOND DEFENSE ' The Plaintiff has failed to exhaust administrative remedies. WHEREFORE, the defendant demands that the complaint be dismissed and that she be awarded costs and attorney' s fees in the nature of those available pursuant to G. L. c. 231 sec. 6F on account of the filing of a groundless and frivolous complaint. GERALDINE S. ATKINS By her attorney, Scott M. Grover BBO# 546393 Tinti, Quinn & Savoy 222 Essex Street Salem, Massachusetts 01970 (508) 745-8065 Dated: November 16, 1992 CERTIFICATE OF SERVICE I, Scott M. Grover, Attorney for the Defendant, Geraldine S. Atkins, hereby certify that I have this 16th day of November, 1992, served the within Answer to the Plaintiff, Arthur P. Ingemi, by mailing copies of same, postage paid, to his resi- dence at 8 Beach Avenue, Salem, Massachusetts 01970. Scott M. Grover BBO# 546393 TINTI , QUINN & SAVOY 222 Essex Street Salem, Massachusetts 01970 (508) 745-8065 ANS/5/SAVOY 1 2 - 8UILDING DEPT 2 3 115 PM '89 RECEIVED CITY OF SALEM,MASS. August 2, 1989 Mr. William Munroe Building Inspector CITY OF SALEM Salem City Hall Salem, MA 01970 Dear Mr. Munroe, I am writing with reference to an apparent ongoing violation of the zoning ordinance at 7 - 9 Beach Avenue, Salem. It is my un- derstanding that Beach Avenue is an R-1 District permitting only single-family residences. The structure at 7 - 9 Beach Avenue is, I believe, presently being occupied as a three-family dwell- ing. My preliminary research indicates that one (1) unit is being occu- pied by the owner, Geraldine Atkins. The first floor is being oc- cupied by Mark Harter and the basement floor is being occupied by an individual named L. Ywuc. Each of the above has a telephone number at the address and the three (3) units are separately me- tered for electricity. The use of 7 - 9 Beach Avenue as a three-family dwelling has ag- gravated already difficult parking conditions in my neighbor- hood. My work requires that I return home very late at night and, upon arriving home, I am consistently finding it difficult to park on the street near my home because of the number of cars generated by the three-family use at 7 - 9 Beach Avenue. I at- tempted to discuss my problem with Geraldine Atkins, but she brushed off my problem saying, "It's a public street and anyone can park there, " or words to that effect. BUILDINC DEPT An 2 3 45 PN '89 Mr. William Munroe RECEIVED CfTY6F $ALEF4,k1ASS. Page Two August 2 , 1989 Inasmuch as the owner of 7 - 9 Beach Avenue will not respond con- structively to the parking problems created by her use of her property, I am left with no alternative but to make formal com- plaint to you as Building Inspector to immediately investigate and act upon any illegal use of 7 - 9 Beach Avenue as a multiple- family dwelling. Thank you for your attention to this matter. If you have any questions, please feel free to contact me. Very truly yours, Arthur Ingemi 8 Beach Avenue Salem, MA 01970 Business Phone: 744-7777 November 10, 1992 To whom it may concern: My name is Richard Nardella and I have been in the fence business for 20 years . My qualifications are broad, as I have worked in all aspects of the field, from installations through sales into management. Geraldine Atkins, of 7 Beach Ave. in Salem, contracted on June 29 , 1992 to have a fence installed at her residence. The fence was installed during the week of July 15th. After a consultation on different styles, Mrs . Atkins decided for aesthetic purposes to purchase what I consider to be a 6 ' high Meadows fence. This fence is comprised of a 4 ' high board fence with a 2 ' lattice topper. Meadows fencing has grown to become one of the most popular styles in the past 10 years . It has been installed in communities all over the northeast. It is especially popular in Salem. At no time has this style ever been opposed by building inspectors or community standards . The placement of the fence, according to the grade, does obstruct some ocean view of some neighbors to Mrs . Atkins . But, it does afford some of the privacy that Mrs. Atkins was looking for. The installation of the fencing conforms to all city standards . As a matter of fact, a neighbor of Mrs . Atkins was so thrilled with how it enhanced her property, that he decided to use the same decorative fencing on his own property. The neighbor was Paul Fennell, of 11 Beach Ave. Since the installation of both fences, I have received numerous phone calls and compliments of the style and construction of this fencing. As a result, I have been able to help satisfy the needs of many more constituents of Salem. In closing, If there is anything that I can add to further the clarification pertaining to fence installations or materials, please do not hesitate to contact me. Sincerely, Richard E . Nardella 30 Raymond Ave. Salem, MA 01970 7 Beach Avenue Salem, Massachusetts 01970 November 17, 1992 Mr. Leo Tremblay Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 7 Beach Avenue, Salem, Massachusetts Dear Mr. Tremblay: I am writing to you with respect to certain complaints made relative to a fence that I had installed on my property last summer. Expert Fence in Peabody was hired to build and install a six foot fence to enclose a patio area that we have plans to finish next summer. Since the time the fence was erected, I have been subjected to constant harassment by a neighbor across the street, Arthur Ingemi, who complained to your office that the fence is in violation of the Building Code. This neighbor incited a couple of other neighbors (Harry Manning and Leo Pelletier) to file specious small claims against me alleging "distress and damages". Each of these complaints, lodged against me and also lodged against my next door neighbor,Paul Fennel, is identically worded and is the handiwork of Arthur Ingemi. I've enclosed a copy of each of the complaints to illustrate for you the similarity (not to speak of the crudity) of the wording. Judge for yourself whether these complaints are made in good faith or as part of a scheme calculated to torment me, my family,Paul Fennel and his elderly mother. In August, the Acting Building Inspector, Mr. Martineau, sent me a letter to the effect that the fence was in violation of the City's Building Code. Since Expert Fence contracted to erect a six-foot fence on my property,I called Mr. Rick Nardella at Expert Fence to measure the fence and, if necessary, adjust the height of the fence so as not to be in violation of the Code. Mr. Nardella, whose company has been erecting fences in Salem for many years, says that the fence measures six feet one inch (6' 1") from the highest point of the grade. Although he does not feel that it is necessary, he says that he would be happy to have someone from Expert Fence come to my house and lower the fence by one inch. Enclosed is a letter that Mr. Nardella has provided with respect to the proper installation of a six foot fence. I would like you to come and inspect the fence along with Mr. Nardella. If you would call me at your convenience, we can set up a time that would be convenient for you and Mr. Nardella. I can be reached during the day at my office in Cambridge (617) 693-8114 or at home in the evening at 745-6262. Sincerely yours, Geraldine S. Atkins enclosures cc: Mr. Rick Nardella Expert Fence Co. Route 1 Peabody, MA 01960 ll�o Art.VI, 0 6-4 SALEM ZONING ORDINANCEDENSITY REGULATIONS TABLE I RESIDENTIAL DENSITY REGULATIONS R-C R-1 R-2* R-3** Minimum lot area (square feet) 80,000 15,000 15,000 25,000 Minimum lot area per dwelling unit (square feet) 80,000 15,000 7,500 3,500 Minimum lot width (feet) 200 100 100 100 Maximum lot coverage by all buildings (percent) 20 30 35 35 Minimum depth of front yard (feet) 40 15 15 15 Minimum width of side yard (feet) 40 10 10 20 Minimum depth of rear yard (feet) 100 30 30 30 Maximum height of buildings (feet) 35 35 35 45** \- aXtmum height of buildings stories) 21/2 212 21/2 31/2 \Maximum height of fences/boundary walls (feet) 6 J 6 6 6 llniirium distance between buildings on lot(fje_ l0 100- 40 30 40 These density regulations relative to height will apply to all housing projects even though Fi- nanced in whole or in part by the U.S. Public Housing Administration and/or Commonwealth of Massachusetts Department of Community Affairs-Division of Public Housing. Specifically ex- cluded will be housing for the elderly constructed by the Salem Housing Authority. ** Multifamily dwellings building in R-3 Districts on lots held under a single ownership and con- sisting of a minimum of two hundred thousand (200,000) square feet may be built to a maximum height of fifty (50) feet or four (4) stories in height. Retaining walls, boundary walls and/or fences may be built abutting the property line. The height of the retaining walls, boundary walls and/or fences shall be measured on the inside face of the structure on the owner's side. Refer to section 7-7 herein for visibility at intersections. TABLE II BUSINESS AND INDUSTRIAL DENSITY REGULATIONS B-1 B-2 B-4 I Minimum lot area (square feet) 6,000 12,000 6,000 40,000 Minimum lot width (feet) 60 100 60 150 Maximum lot coverage by all buildings (percent) 40 25 80 45 Minimum depth of front yard (feet) 15 30 — 30 Minimum width of side yard (feet) 10 10 — 30 Minimum depth of rear yard (feet) 30 30 25 30 Maximum height of buildings (feet) 30 30 45 45 Maximum height of fences/boundary walls (feet) 10 10 10 15 24 RE C E IV ED (, jtg II `` itIPTTt� :� asSar4USejjs JUN 2 !l 13 AM $69 u zr� ocop 3 f z 1 w: c CITY SALEM. MASS- wLUAM r, ABoaTT JAMH. «. aa�+.aHR AMENDED DECISION - JOBEP« P. OOYLH SONN M, .RAY. 8R. on ARTHUR I.A ORECOU6 PETITION OF GEORGE W. ATKINS, III, TO ALTER PREMISES LOCATED AT 7-9 BEACH AVENUE TO PROVIDE OCCUPANCY FOR TWO FAMILIES. A decision on this petition was rendered by the Board and forwarded to the City Clerk, Petitioners, their Counselor, and other parties of interest on May 22, 1969. At a subsequent meeting of the Board held on May 29, 1969, at which all Board Members excepting Mr. J. M rman Welch, Jr. , were present it was unanimously voted to amend this decision as followst Delete entirely the last paragraph which presently reads..aa followat After studying the facts presented in this case, the Board voted unanimoua� ly to grant this petition as a Conditional Variance to become effective when Mr. Atkins returns and to extend for the period of time he will occupy the premises. " Insert a new paragraph, as followst "After studying the facts presented in this case, the Board voted unanimous; to grant this petition as a Special Permit to become effective when Mr. At- kins returns and to extend for the period of time he will occupy the prem- ises. BOARD OF APPEAL! SPECIAL PERMIT GRANTED BYJc Secretr r •_ - C7 u 13C AT -9 27ACII _. _.Cil_ TO PROVIDZ OCCU'PINCY FOR TWO FAMILIES. r4rough :is 0ounsolor , Michael ,, . `°arrin, tan appealed dirccn, o . na noard of Appeals, re Qlles i Zcand_L: onal variance so as no use _. ^e 0s tKence locateO at 7-9 t e�:C... Avon= for occ" nncy for two _ .. ...flies rnrnar than one family. ^r. he .d. on this yeti „_,,.. on ? ay 19 , l[Q) , .. to . nt cis n __.:d passoait. to the pet__ i .,__--. , . ., �,er ey , c_ A _ . )n n nmi errs, On& of :,:. r.. . n d rdvertise..:e_ s PUCILSneL In : ..c Sol= RVOninj News . All ..,,,_ . ,- Qmbcrs .;ere 9resent a :. !s .. . nri ,, .,.,,i._:. for Varrincton appeared in hohnif of . ,. „k_.:s , nod . .:o free:. he ..as asking for either a condizi:nnal variance or 0 snec Ul permit lir it- od 7o he .^,eri.at'_ of occupancy by we neuizwne'r and his _ ...milt' . Mr. At, ins will ret,.._ .. from `.Tiet_ am in me loll and will accuoy 'J:=..t of :,^^ iscs , no present he is an equitable caner of Ao property ;end has a i ._e agrenaens to purchase tha promises . After S'C .:.' ".__: 9,1e - acts presentaA Ln this Ct351? , the 2e: ."C i'c-Cd ,.::i a_ nousl.`- to Iranz this petition as a CondivLonal Variance wo Lecome e fec`.- '_ve when Mr. Atkins returns and to extend for the period of time he will occupy hn 1remises . CCA2D OF APPEALS socrozanv i - 1 •J _ t V: J DATE OF;PERMIT PERMIT No. OWNER LOCATION 9 P STRUCTURE MATERIAL DIMENSIONS No. OF STORIES INo.OF FAMILIES WARD I COST DWELLING BUILDER 8/21/ Repair existing porch. DATE OF PERMIT PERMIT No. OWNER LOCATION 11/13/39 629 7 Beach Ave. R- 1 STRUCTURE MATERIAL DIMENSIONS No. OF STORIES I No.OF FAMILIES I WARD COST I BUILDER Metal Cabinet Pocket 2 Folder 2 Ovum a�w.r?i Aug N 9 z7 9M T9 RECEIVED CITY OF SALEM,MASS, August 2, 1989 Mr. William Munroe Building Inspector CITY OF SALEM Salem City Hall Salem, MA 01970 Dear Mr. Munroe, I am writing with reference to an apparent ongoing violation of the zoning ordinance at 7 - 9 Beach Avenue, Salem. It is my un- derstanding. that Beach Avenue is an R-1 District permitting only single-family residences. The structure at 7 - 9 Beach Avenue is, I believe, presently being occupied as a three-family dwell- ing. My preliminary research indicates that one (1) unit is being occu- pied by the owner, Geraldine Atkins. The first floor is being oc- cupied by Mark Harter and the basement floor is being occupied by an individual named L. Ywuc. Each of the above has a telephone number at the address and the three (3) units are separately me- tered for electricity. The use of 7 - 9 Beach Avenue as a three-family dwelling has ag- gravated already difficult parking conditions in my neighbor- hood. My work requires that I return home very late at night and, upon arriving home, I am consistently finding it difficult to park on the street near my home because of the number of cars generated by the three-family use at 7 - 9 Beach Avenue. I at tempted to discuss my problem with Geraldine Atkins, but she brushed off my problem saying, "It's a public street and anyone can park there, " or words to that effect. 1 = Mr. William Munroe Page. Two August 2, 1989 Inasmuch as the owner of 7 - 9 Beach Avenue will not respond con- structively to the parking problems created by her use of her property, I am left with no alternative but to make formal com- plaint to you as Building Inspector to immediately investigate and act upon any illegal use of 7 - 9 Beach Avenue as a multiple- family dwelling. Thank you for your attention to this matter. If you have any questions, please feel free to contact me. Very truly yours, M/J Arthur Ingemi 8 Beach Avenue Salem, MA 01970 Business Phone: 744-7777 To Be Added To Complaints In addition to enclosed complaint I would like to bring to your attention an illegal basketball hoop installed on city property in front of thier home which is the cause of excessive noise and foul lanquage when ' , . in use . I . would like it removed as soon as possable. APPLICATION R7 ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department V., ❑ ARREST HEARING ❑ SUMMONS L: WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. (J$Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Salem, MA 01970 St NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT violation of City of Salem One Salem Green Zoning Ordinance, Table 1 Salem,MA 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Agnes T. & Paul Fennell 11 Beach Avenue 3. Salerli 01970 a. COURT USE I A hearing upon this complaint application DATE OF HEARING TIMEOFHEARING COURT USE ONLY will be held at the above court address on AT I *—ONLY CASE PARTICULARS .-. BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON Gerson assaulted,etc. destroyed,etc. 3250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: refuses to lower height of fence to allowed height of six feet as permitted by Ordinance. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE L At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable ❑ Continued to COMMENTS APPLICATION FR ADULT NUMBER Trial Court of Massachusetts 1 AOR COENILE MPLAINT -1l JUVDistrict Court Department ly ARREST HEARING ❑ SUMMONS _' WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant. charging said defendant with the offense(s)listed below. Salem District Court DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE 65 Washington Street 9/9/92 8/11/92 7 Beach Avenue Salem, MA 01970 NAME OF COMPLAINANT - City of Salem NO, OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Violation ot CI-Ty—o-f--Sal—ern One Salem Green Zoning Ordinance, Table 1 Salem,MA 01970 2. NAME.ADDRESS AND ZIP CODE OF DEFENDANT Geraldine Atkins 7 Beach AVenue 3. Salem,MA 01970 4. I COURT USE A hearing upon this complaint application DATE OFHEARING TIME OF HEARING COURT USE ONLY-� will be held at the above court address on AT F—ONLY CASE PARTICULARS '- BE SPECIFIC NAME OF PUTiM DESCRIPTION OF PROPERTY VALUE OR PROPERTY rYPE OF CONTROLLED PIO. j Owner of p:openv. Goods stolen,what Over or under SUBSTANCE OR WEAPON ..e;son assaurteo._.c destroyed.etc. $250. Marijuana,gun.etc. i I t I 2 3 4 OTHER REMARKS: Refuses to lower height of fence to allowed height of six feet as permitted by City of Salem Ordinance. X _ SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX PAC I WEIGHT EYES HAIR OCCUPATION - EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE At request of complainant L Complainant failed to prosecute C Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS Sufficient evidence presented ❑ Warrant Defendant failed to appear ❑ Summons returnable Continued to COMMENTS nr`_r oo nmm oustness �--ernucale Citp of Salem, AIaSaefjugett8 P 3 T DATE FILED Type: r? 1Vew Expiration Date 0 Renewal, no change Number 0 Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: at i tn-7-0 type of business l- F1 I Lao S I it k` 1 E cc*A ' N'� by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence IC_CQ t El i S C'64 w _-) t;EACA RtU1u aLE( p�1A Otq-'(' M9108 L (o �c�sc3r, _ 3 O. f c Q- t� -vps��4 M O�Gt S Sienaturest( c� �� /� -------- --�--4- v — ----------------------------------------------------- --- ------- ----------------------------------------------------- on 193athe above named person(s) personally appeared before me and made an oath that the foregoing statement is true. � %-------------------- --- - =---- ----------------------------------------------------- ------ - CITY C L E-•R K Notary Public (seal) Date Commission Expires Identification Presented 3gq - $0 - �os5 (ne6cly Hari soy State Tax I.D. # S.S. # OU D6`I-7 Kc-Ot fs'�4tU— (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. i