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3 BEDFORD STREET - BUILDING JACKET 3 BEDFORD STREET F l ° CITY OF SALEM, MASSACHUSETTS I BUILDING DEPARTMENT 1 - 120 WASHINGTON STREET,3ND FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 HIMBERLEY DRISCOLL MAYOR - THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 9, 2010 Mrs. Madeline Jackson 76 Pierpont Street Salem Ma. 01970 Dear Mrs. Jackson, I am enclosing a copy of a letter sent to me by Att. Michael McMahon,who represents your abutter, Mr.Denis. Mr. McMahon researched Salem Zoning ordinance as well as Mass General laws and came to the conclusion that the driveway does not violate any Statutes or Ordinances. Looking back at my own ruling on the driveway,it appears that I was incorrectly citing a regulation that allows only one driveway only in the Entrance Overlay District. The Entrance Overlay District consists of those properties that abut the Main roads coming through Salem. Ie. Boston, Bridge,North, Lafayette and Loring Avenue. At this time ,I must agree with Art. McMahon that Mr.Denis,s driveway is legal and he should be able to to use the driveway. My decision is based on the Salem Zoning Ordinance and if you feel my interpretation is incorrect, your Appeal is to the Salem Zoning Board of Appeals. I apologize for any problems this situation has caused. ThorgasSt.Pierre Building Commissioner/Zoning Officer cc. Art. McMahon, James Denis,file LAW OFFICES OF MICHAEL E. McMAHON ATTORNEY AND COUNSELOR AT LAW 583 Chestnut Street,Suite 10 9 Digby Lane Lynn, Massuchusetts 01904 Gloucester, Ma 01930 Tel.:(781.)581-1010 Tel.: (978)2.83-1919 Fax: (781)595-1376 June 9, 2010 Thomas St. Pierre Building Inspector City of Salem Building Department 120 Washington St. Salem, MA. 01970 Re. 3 Bedford St. Salern MA. Dear Mr. St. Pierre: Please be advised that I have been retained by Mr. James Denis Sr. who resides at 3 Bedford St. Salem, Massachusetts with respect to certain issues regarding the use of driveways upon those premises. It is my understanding that Mr. Denis has been the subject of complaints by a neighbor on Pierpont St. who contends that his driveway is somehow "illegal". It is my considered opinion after having extensively researched the Salem building code as well the General Laws of Massachusetts that Mr. Denis's driveway's, and specifically the driveway located off of Pierpont Street are legal and meet all requirements of the law. As you know 3 Bedford St., Salem is located in a R-1 zoning district which provides for single residential use. I have attached as exhibit l a satellite view of 3 Bedford St. Salem, Massachusetts which specifically shows the house located on the corner of Bedford Street and Pierpont St. both of which are accepted public ways of the city of Salem. You will note that exhibit 1 also clearly indicates the presence of two (2) driveways each accessing a different street as is very common in a comer lot. 1 have attached as exhibit 2 the present condition of the driveway access from Pierpont St. to the Denis's property. The paved area of the driveway has been determined by a recent survey to be more than 2 feet from the adjacent property line. The property line in question essentially runs from the street alongside of the green hedges. Recently the complaints by Mr. Denis's neighbor have been brought to the attention of the Salem Police Department. While Mr. Denis will do everything he can to maintain LAW OFFICES OF MICHAEL E. McMAHON ATTORNEY AND COUNSELOR AT LAW 583 Chestnut Street,Suite 10 9 Digby Lane Lynn,Massachusetts 01904 Gloucester,Ma 01930 Tel.: (781)58 1-1010 Tel.:(978)283-1919 Fax:(781)595-1376 June 9, 2010 Thomas St. Pierre Building Inspector City of Salem Building Department 120 Washington St. Salem, MA. 01970 Re: 3 Bedford St. Salem MA. Dear Mr. St. Pierre: Please be advised that I have been retained by Mr. James Denis Sr. who resides at 3 Bedford St. Salem, Massachusetts with respect to certain issues regarding the use of driveways upon those premises. It is my understanding that Mr. Denis has been the subject of complaints by a neighbor on Pierpont St. who contends that his driveway is somehow "illegal". It is my considered opinion after having extensively researched the Salem building code as well the General Laws of Massachusetts that Mr. Denis's driveway's, and specifically the driveway located off of Pierpont Street are legal and meet all requirements of the law. As you know 3 Bedford St., Salem is located in a R-1 zoning district which provides for single residential use. I have attached as exhibit 1 a satellite view of 3 Bedford St. Salem, Massachusetts which specifically shows the house located on the corner of Bedford Street and Pierpont St. both of which are accepted public ways of the city of Salem. You will note that exhibit 1 also clearly indicates the presence of two (2) driveways each accessing a different street as is very common in a corner lot. I have attached as exhibit 2 the present condition of the driveway access from Pierpont St. to the Denis's property. The paved area of the driveway has been determined by a recent survey to be more than 2 feet from the adjacent property. The property line in question essentially runs from the street alongside of the green hedges. Recently the complaints by Mr. Denis's neighbor have been brought to the attention of the Salem Police Department. While Mr. Denis will do everything he can to maintain a cordial relationship with his neighbors he has asked me to forward this correspondence in the event that his name or property is further slandered by any of his neighbors. Please contact me with any questions you may have regarding this matter. Very truly yours, O�A , A.�i:� Michael E. McMahon MEM/sjc Enclosures c/c J. Denis