63-65 BOSTON STREET - ZBA - TWO SMALL STORES 63-65 BOSTgN ST.
Ir
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' RE�c�,,� ,
ofziQm, � c�jusEt
230arb of '82 MAY -4 P2 :30
:30
�1p:4sy tiiay
CITY CLERK,:;, OFFICE
SALEI-I I
DECISION ON THE PETITION OF GEORGE AND GEORGIA LENTROS
FOR A SPECIAL PERMIT FOR 63-63 1/2; 65- 65 1/2 BOSTON ST. AND 4 PROCTOR ST.
A :caring on this Petition was held on April 28, 1982 with the following
Board Members present: Douglas :upper, Chairman, Messrs. Piemonte, Hacker,
Feeherry and Associate Member Luzinski. Notice of the hearing was sent to
abutters' and others and a notice of the hearing was properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioners have. requested a Special Permit to extend a non-conforming
use at the subject property to allow two small commercial stores at the property
to again be used for commercial purposes.
The property is within an R-2 District; however, the property has for
eea non-con`or===g.
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 P and II D, grant Spee:tal Permits for alterations
and reconstruction of nonconforming structures, and for
changes, enlargement., exteuecton or expansion on non-
confcr== _,ts. _=gin, s_—_t--res, an- uses, provided,
s_•c>' _ -__ ==—si=_, enlarge-ent or
a=siun s-=11 not be ==star=-ali more detrimental
than the existingnonconforming 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, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1) The two small stores at the site had for many years prior to 1975
been used for commercial purposes including uses as a beauty
parlor, a barber shop and a snack bar.
RE
DECISION ON THE PETITION OF GEORGE AND '82 MAY -4 P2 :30
GEORGIA LENTROS FOR A SPECIAL PERMIT FOR
63-63 1/2, 65-65 1/2 BOSTON ST. AND 4 PROCTOR ST. CITY CLE"Ri 'S 0'FICC
Page 2 SALEi9 ' rS'
2) Because of the small size o£ toe stores, and other restrictions
stated infra in this decision, the Board 'believes that the use of
the stores for cc—=_rcial purposes will not adversely affect the
area.
3) No neighborhood opposition was raised to this use.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will
promote the public health, safety, convenience, and welfare of the City's
inhabitants, and (iii) that the proposed use of the property is in harmony
with the Salem Zoning Ordinance. .Accordingly, the Board unanimously approves
t:e _----„ of a Special Per-.__ clne Petitioners, _
The Special Permit is therefore granted- in accordance with the following
terms and condl.tions:
L) The Petitioners may use the two stores at the site for only the
following commercial purposes:
a) Delicatessen stores, including specialty food stores, .
but not to include regular grocery stores, cash or carry
dairy product stores., or variety stores.
b) Drugstore, exclud -.g _sn__ fo=taro and notions.
c) Book, stationery or gift shops.
d) Florist shop.
e) Barbershops, not to exceed two (2) chairs.
f) Beauty parlors, not to exceed two (2) Operators. .
g) Professional offices, but excluding clinics.
2) Petitioners shall comply with all applicable fire safety codes..
Anthony M. Feeherry, Secretary
COPY OF THIS DECISION' AND PLANS HAS BEEN FILED 141TH THE PLA%KING BOARD AND
CITY CLERK.
Public Vray2riu Peynrhnent
Richard T. McIntosh
One Salem Green
745-ll213 March 16,1982
Georgia Lentros
65 Boston Street Re 65 Boston Street
Salem,Ma 01970 R-2 District
Dear Mrs. Lentros:
Please be aware that the above referenced property is
in an R-2 Zoned District, which allows for (2) Family
Residences.
65 Boston Street appears to be a non-conforming ((j) Family
Dwelling Unit Building, and as such its use may continue.
However, the non-conforming Business Use on the 1st floor
appears to have been unused for at least the last two years,
therefore, the, Business Use has disappeared. It trill require
Board of Appeals action by Special Permit, as outlined in
Section VIII paragraph F. of the Zoning Ordinance.
Very truly yours,
} C ��_
Richard T. McIntosh
RTM:mo' s Zoning Enforcement
cc: Councillor Grace
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET
HEALTH AGENTJUI 7, 1998 Tel:(978)741-1800
Y Fax:(978)740-9705
Edward & Phyllis M. Mello
6 Walsh Avenue
Peabody, MA. 01960
Dear Sir/Madam :
In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property
located at 65 Boston Street Apt. 3-13 occupied by Rose Pastorino conducted by Virginia Moustakis, Senior
Sanitarian on Monday,June 29, 1998 at 12:00 P.M..
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's
responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning
Prevention and Control. For further information or to request an inspection, contact the Salem Health Department
at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection
report.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint
being sought against you in Salem District Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of
this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary
evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please
also be informed that you have the right to inspect and obtain copies of all relevant inspection 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.
Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
For the Board of Health: Reply to:
ddanne Scott Virginia Moustakis
Health Agent Senior Sanitarian
cc: Tena Building Inspector, ire Prevention, Electrical Dept.,
Councillor L. Gi-eaq-&-Williarh D. Little
Certified Mail#Z 279 293 135
JS/Sfk �-w ,ioet
Page 1 of
SALEM HEALTH DEPARTMENT
9 North Street
Salem,MA 01970
°�....� State Sanitary Code, Chapter It: 105 CMR 410,000
Minimum Standards of Fitness for Human Habitation
Occupant: rese �du-ty Pe � () Phone:--Z—t(, =S-/6,t
Address: t kfi" 6,511&n &3-f- 9-,6 -7,90e Peed 6,Ly- Apt. 0 1 Id.. Floor 3
Owner. Ax. Qza g /_ g t r is ?7, 2"✓7 P: o Address: [d10 c srt A ie
Inspection Date: ea,- -Artie 14:C70
Conducted By: 46aj,5 Iyt /<r S' Accompanied By: 7-z--
Anticipated
✓R� —.
Anticipated Reinspection Date:
Specified Reg It Violation
Time 410. . . .
P ` T ro
tfV 0CD1C�-d q'u.,77J .8r A7`O� t9
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One or more of the above viotalions may endanger or materially impair
the health, safety and well-being or the occupamsts} c<>-is,-ld� 7�t-x(T��rl:%R ^1
�TZ 'Gt/1 tP,�tC JOpt' ----- Code ntorcement Inspector ------- --
win ,D.eurrLe �+; Gl/OSNrN�+c�. �7r 501gm
waer Este its un documenlo legal importance, Puede roue elect(,, sus detochos,
�()Uc.rcf 6,ePuede, adqumnina traduccron de esla forma.
APPENDIX 11(14)
Legal Remedies for Tenants of
Residential Housing
The following is a brief summary of some of the legal remedies tenants may use In order to get housing code violations
corrected:
1. Rent Withholdinv(Massachusetts General laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without bung evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in-
yonrrent.
B. You did not cause the violations and they can be iepaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent uito court if a judge orders you to pay it(For this,it is best to put the
rent money aside in a safe place.)
2. Ren it and Dedu r(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent .
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,or welt-being,and your landlord has received written notice of the violations;
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thetlr
made)within five days after notice or to complete repairi within 14 days after notice, you can use up to four months'rent in;any,
year to make the repairs.
3. R alfa ory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239 _
section 2A):The owner may not increase your rent orevict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
the complaint,be-or she wiB:have toshow.a good reason for the increase or evicuon which is unrelated to your complaint. You
may be able to sue the landlord for damages of he or she cies this.
4. Rent Receiyersbip(Massachusetts General Laws,Chapter 11, section 127 C-R): The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a
"receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a
spending limitation of four months'rent
5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your
dwelling unit does not meet minimum standards of habitability.
6. Unfair and D=pLive Practices(Massachusetts General Laws, Chapter 93A). Renting an aparunent with code violations is a
violation of the consumer protection act and regulations, for which you may sue an oder
The information presented above is only a summary of the law. Before you decide to withhold Your rent or take any other
legal action, it is advisable that you consult an attorney. If you ""root afford to consult an attorney, you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St_
Lynn, MA 01902
(617) S99-7730
Cite of 6alem, ;ffiaggacbm9ettg
l ,'a Public Propertp Mcpartment
Nuilbing Mcpartment
One tbalem green
745-9595 QCxt. 380
=s _
William H. Munroe a Q'
Director of Public Property
Inspector of Buildings rz
Zoning Enforcement Officer
a
cn .
cn r-a
1/2/92
Edward Mello
6 Walsh St .
Peabody,Ma .
01970 Re; 63-65 Boston
Dir Sir
Due to complaints received a site visit was made to the
above mentioned address . Upon inspection it was noted that
bricks from the outside facade abutting Proctor St .
were falling onto the facade situation at present
is dangerous to pedestrians using the sidewalk .
You are here by ordered under The Massachusetts State
Building Code, Section 123 ( unsafe structures ) to take
corrective measures before twelve o ' clock noon the day
following receipt of this letter. Failure to respond to
this notice shall constitute further legal action.
S , c e r/e/l/x' ,
`�'
David J . Harris
Assistant Building Inspector
cc: Ward Councillor
City Solicitor
Fire Prevention
Police Dept .
y �
Edward Mello MELLO REALTY TRUST 501 -9152
Phyllis M. Mello Box 262
Peabody, Mass
01960
�0
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7D
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1/30
troy
h0�41,�5
ADDRESS
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR
ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPART
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIO
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE R
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPE
1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPANCY
2,PRIOR TO COVERING STRUCTURAL
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FIN
3.FINAL INSPECTION BEFORE OCCUPANCY,
POST THIS CARD SO IT 1
BUILDING INSPECTION APPROVALS PLUMBING INSPEC
1 1
2 2
BOARD OF HEALTH GAS INSPECTION
OTHER CITY ENGINEER 2
WORK SHALL NOT PROCEED UNTIL THE PE61MILL BECOME NULL AND V
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS
STAGES OF CONSTRUCTION. AS NOTED ABOVE.
CHARLES M. BELMER, JR.
ATTORNEY AND COUNSELOR AT LAW
70 WASHINGTON STREET,SUITE 403
SALEM, MASSACHUSETTS 01970
TELEPHONE(978) 745-5441
November 19, 1998
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970
Re: 63 1/2 Boston Street, Salem
To Whom It May Concern:
Your office investigated an oil leak and odor caused by the leak at the above referenced
address on July 21, 1998, possibly on July 29, and again on September 18, 1998.
Please send me certified copies of the result of your office's investigations at that address
for those dates.
Thank you for your help in this matter.
Sincerely yours,
Charles M/ elmer, Jr
Cc: Ms. Adelia Alves
STREET PERMIT No 81
's g ( irr of 3w3prartr of Builbingn
City Hall,- 19 Fig,
Permission is hereby given to
to occupy for purposes
in front of estate ifa' 3 E�> � �::Ve Wd.
of sidewalk, of street.
`Chis permit is limited to a _19`C.,_subjecl to the provisions
of the ordinances and statutes in relation to heels and the Inspection and Construction of
Buildings in the City of Salem.
Director of Public Services Inspector of Buildings
Signature of Applicant
•C24 2C 4.20.65
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Western Surety Company
4
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LICENSE AND PERMIT BOND
KNOW ALL MEN BY THESE PRESENTS: BOND No. 58450166
That we, Ken Riley Mason Contractor,
P
of the City of Peabody State of Massachusetts as Principal, ;
and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of
y
Massachusetts as Surety, are held and firmly bound unto the
City of Salem State of Massachusetts Obligee, in the penal
sum of One Thousand and no/100 _ ($ 1,000-00 )DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly
to be made, we bind ourselves and our legal representatives, jointly.and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH„That whereas, the said Principal
has been licensed Sidewalk Contractor
by the said Obligee.
kN,0W.-THERE-FORE, if the said Principal shall faithfully perform the duties and in all things
plfcom 'withithe*laws and ordinances, including all Amendments thereto, appertaining to the license or
FSR r fiY y 3
per tmttii plied •for,Itl en this obligation to be void, otherwise to remain in full force and effect until
May 28 xa 19 92, unless renewed by Continuation Certificate.
1This<b0nd;niay be terminated at any time by the Surety upon sending notice in writing, by certified mail, to
th'e c ez]c of the�dlifi al Subdivision with whom this bond is filed and to the Principal, addressed to them at the
Politica)'`SubdI SID named herein, and at the expiration of thirty-five(35)days from the mailing of said notice,
this bond'=shalLipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or
omissions of the Principal subsequent to said date. f
Dated this 28th day of May 19 91
KEN RILEY MASON CONTRACTOR,
Principal
BY
Principal
Countersi ed WESTER S TY COMPANY
nt
By. By ,
Resid gent UR
. Kirby, resident
ACKNOWLEDGMENT OF S
(Corporate Officer)
STATE F SOUTH DAKOTA
ss
° . County of Minnehaha
°
E On this 28th day of May 19-2-1—,before me, F
the undersigned officer, personally appeared Joe P. Kirby
who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, °
and that he as such officer,being authorized so to do, executed the foregoing instrument for the purposes therein
P contained, by signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and officials s
J. RHONE ,v _
NOTARY PUBLIC p
P SEAL SOUTH DAKOTA 5-r�no .`
My Commission Expires 6-12-96 Notary Public South Dakota
r Form 532—12-89
m r
P
ACKNOWLEDGMENT OF PRINCIPAL
(Individual or Partners) ;
P
STATE OF
ss
County of
On this day of 19 ,before me personally appeared
, e
v
,
"
u
known to me to be the individual_ described in and who executed the foregoing instrument and
9
acknowledged to me that —he_executed the same.
My commission expires
19
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL
(Corporate Officer)
STATE OF
1 ss
County of )
On this day of 19_,before me,
personally appeared who acknowledged himself to be the
of a corporation,
and that he as such officer being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as such officer.
My commission expires
19
Notary Public
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bVIFLECaTE STREET PERMIT N2 ,,81
(t➢fre of 21noprrior of Vuilbingo
�IFC,ppuF.��d
City Hall, 19 2,;;)—
`Permission is hereby given to UQM 0:
to occupy for _,z:l purposes
in front of estate 4 3— C s 92 Wd.
of sidewalk, of street.
`Chis permit is limited tom _199�ubject to the provisions
o/ the ordinances and statutes in relation to Slreets and the Inspection and Construction of
Buildings in the City of Salem.
Director of Public Services Inspector of Buildings
Signature of Applicant
P<34 ac 4-29-6e
UNITED STATES POSTAL SERVICE r_; '�4'!� r'T fli ';;
errj
Official Business4_
s,� 17i it ll _
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
• David Harris/ Building Dept.
One Salem Green
Salem,MA 01970
Hill 1,IIII611JIII111111111111!IdIlI, till IIIIIII
ti
SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3,and 4a&b. following services (for an extra
• Print your name and address on 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"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered
to and the date of delivery. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
Edward Mello 12 735 0-42 626
6 Walsh Avenue 4b. Service Type
Peabody,MA 01960 ❑�y Registered 11 Insured
Certified ❑ COD
❑ Express Mail ❑ Return Receipt for
Merchandise
7. Date f D "very 5
5. Signatu ddre 8. Addressee's Address (Only if requested
and fee is paid)
i
6. Signature ( nt)
PS Form 3 11, November 1990 *U.S.GPO:1991-287-066 DOMESTIC RETURN RECEIPT
P Cf tp of balm, f aaacbugettg
Public Propertp Mepartment
Nuilbing Mepartment
One ilbalem green
745-9595 CCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
1/2/92
Edward Mello
6 Walsh St .
Peabody,Ma .
01970 Re; 63-65 Boston
Dir Sir
Due to complaints received a site visit was made to the
above mentioned address . Upon inspection it was noted that
bricks from the outside facade abutting Proctor St .
were falling onto the facade situation at present
is dangerous to pedestrians using the sidewalk.
You are here by ordered under The Massachusetts State
Building Code , Section 123 (unsafe structures ) to take
corrective measures before twelve o ' clock noon the day
following receipt of this letter. Failure to respond to
this notice shall constitute further legal action.
r /S * clerel
CkL y�cG
David J . Harris
Assistant Building Inspector
cc: Ward Councillor
City Solicitor
Fire Prevention
Police Dept .
,# f273,5- J3a i R
g4ty of 'Artt1Em, massar4usletto
^S r
F Publir Propertg i9epartment
iguilbing Department
(One Salem (green
588-745-9595 Fxt. 388
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
10/19/92
Eduard dello
6 !Jalsh Ave .
Peabody Ma .
01970
Re : 65 Boston St .
Dear Sir :
Complaints have been received from the Salem Board of
Health regarding the legality of a rear exit at the above
mentioned address . Please contact this office in order to
set up an on site inspection.
S3.{icerQl�/�
L4`'Y�
David J . Harris
Assistant Building Inspector
cc :Ward Councillor
City Solicitor
Board of Health
1,5,6 ".7e9
Plans must be filed and approved by the Inspector before a permit will be granted..
No. Jqy City of Salem WardT
IS PROPERTY LOCATED IN THE
HISTORIC DISTRICT? Yes No f/
IF SIDING, HAS ELECTRICAL ��� �� Home Phone # 7 2
PERMIT BEEN OBTAINED? Yes No
APPLICATION Bus. Phone # ---{-
PERMIT TO RO REROO OR INSTALL SIDING
lem, Mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned herebv app ;e for a permit to build accordi g to the following specification/�: / �
Owner's name and address _ W c/ _�� e /`?Gl, to wQ 1 S'{1 (/P P�O�
Architect's name �
Mechanic's name and addres f C ✓ V`P
Location of building,No.
What is the purpose of b ' ding? K e _
Material of building? Asbestos?
If a dwelling,for how many families° I�0
Will the buildingonfonn to tte requirements of the law9 I P
Estimated costMw? tractor Y lPq
Signature of applicant
REMAR S SIGNED UNDER THE
4 PENALTY OF PERJURY.
/ t rx. A/li/
I
NW2O ✓9 Ward
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location
PERMIT GRANTED
�Y ly 9
Approved
lO utding Inj ecror