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18 BROADWAY - BUILDING JACKET 18 BROADWAY � � �4 f � � � %'�_�-_ �. / L � � � l--., �` % ,. i 1 �� � �, ���� I i! 0` /©74 -.00 FROM AMESBURY AUTO PHONE NO. : 9788340399 Feb. 21 2001 02:26PM P1 1!ni;ed Amu'1'r4nslwvl. PG(du.r 454; 141vn.Mn 01970 (978;745-17)9 United Auto T1"mspor� Mc. 17cbrUary 21,2001 Salem Building Dcpt. C/O Peter Strout CC: City COLtaeil 18 (tear Broadway Dear City Council Members This letter is to inform you that as of February 24 we will no longer be occupying the property thatwe have renting from California Olive Oil- Currently there are 6 vehicles it the storage lot belonging to Witch City Taw. We were told by Mr.Mike Murray to release these vehicles to the owner of Whoh City, Mr.Al Vf Itis,as part of an agreement he had been worldng on to get tham off the property as well. Wa are hopeful that we will be contacted by Mike,or by Witch City Taxi to retrieve these vehicles. If there are any furthet questions you have for me regarding any issues pertaining to the property, please contact me at home at(978)532.1150,as the business will no longer be operational. Sincerely, Jent' Silva rn Silva Owners of United Auto Transport 7 j NON-CRIMINAL FINES rd BUILDING INSPECTOR DATE OF STREET AMOUNT PAID HEARING CITATION LAST NAME FIRST NAME # STREET NAME =TICKET# OFFENSE OF FINE TOTAL DATE DATE COMMENTS EELondonderry Rd., t� Marblehead, Obstruction by Requesting 10/30/00 Ricker Charles 30 01945 PDO102 shrubbery $ 50.00 $ 50.00 - Hearing Building Code Requesting 12/6/00 United Towing c/o Kevin Silva 18 Broadway PDO176 Violations $ 300.00 $ 300.00 Hearing Building Code - Requesting 12/7/00 United Towing c/o Kevin Silval 018 Broadwayl PD0177 Violations $ 300.00 $ 300.00 Hearing % V N _COURT DOCKET NO. - CITATION NO. CITY OF SALEM PD 0176 VIOLATION NOTICE NAME(LAST,FIRST,INITIAL) y_ Owl STREETADDRESS CIITY?OyWN STATE /ZIP LICENSE NO. LIC.EXP:DATE DATE OF BIRTH OWNER'S NAME(LAST,FIRST,INITIAL) Q✓/Its /G' STREETADDRESS CITY/TOWN STATE ZIP REGISTRATION NO. STATE EXP.DATE ' MAKE?YPE YEAR COLOR DATE OF VIOLATION TIME DATE CITATION WRITTEN vERSOxaL f IN OFV ❑PM ❑NOS LOCATION OF VIOLATION ENEORGN 'DEPT_ OFFENSE FINES l W"`^' Yf'.. AR Q AIx �O C OFFICER I.D.NO. TOTAL FINE _ DUE OFFICER CERTIFIES COPY GiVEN TO IOLATOR QIN HAND X �/ � ,r'", �� '7ff ❑ BY MAIL DO NOT MAIL CASH-PAY ONLY BY POSTAL NOTE,MONEY ORDER OR BY CHECK MADE PAYABLE TO: CITY CLERK CITY HALL 93 WASHINGTON STREET SALEM,MA 01970 TEL.(508)745-9595 X 251 1 HEREBY ELECT TO EXERCISE THE FIRST OPTION AS STATED ON REVERSE, CONFESS TO THE OFFENSE CHARGED,AND ENCLOSE PAYMENT IN THE AMOUNT OF $ CASE N SIGNATURE SEE OTHER SIDE FOR FURTHER INFORMATION ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL VIOLATION NOTICE ta Stamm p Here Post Office TO OFFENDER: will not deliver without stamp eYOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER:(1)You may elect to pay,either by appearing in person between 8:30 am to 4:30 pm, Monday through Finday,legal holidays excepted,before:THE CITY CLERK-SALEM CITY HALL, or by mailing a check,money order or postal note to the City Hall WITHIN TWENTY-ONE(21) DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record.(2)If you desire to contest this matter in a non-criminal proceeding, you may do so by making a written request to the above City Hall or Assistant Clerk will operate as a final disposition,with no resulting criminal record,provided any fine imposed by that officer is paid within the time specified.(3)If you fail to pay the imposed fine or to appear as specified,a criminal complaint will be issued against you. CITY CLERK City of Salem CITY HALL 93 WASHINGTON STREET 0 SALEM, MA 01970 PO Box 4545 Salem,Ma 01970 (978)745-1799 office (979)741-1688 SLx _— __—.United_Transport Inc. December 18,2000 The City Clerk Salem City Hall 93 Washington St. Salem,Ma 01970 Dear City Clerk, We are making a written request to contest the matter of violation#PD0176. The violation was issued for occupying the building on the lot we rent at 8-10 Broadway,as an office. We contest the ticket because we were not operating our business out of the office. The ticket was slid underneath the door,there was no one occupying the office. We spoke to Mr. Strout on Monday December e,and was told that there were some issues that were going in front of the city council that evening,and that we were in violation for occupying the building as an office. We had made a previous arrangement to relocate the office as of January 1", 2001 to Affordable Auto Sales, 151 Canal St.,Salem. When this was brought to our attention,we made arrangements to move immediately,and no longer occupied the office as of December 5th, 2000. The phone lines were relocated on Tuesday,and dispatching was done from the road,no one was occupying the office,and yet a ticket was still issued I have enclosed a copy of a letter verifying that our office has relocated to 151 Canal St.,Salem Ma 01970. The building has a notice posted to inform the public of our office relocating,we are still using the premise for storage,as the building dept.previously advised us to do. I have left several messages at the Building dept. pertaining to this issuance of this violation,and have yet to have any of my messages returned. If there is any information I can provide for you on this matter,please don't hesitate to contact me. Sincerely, Jennifer Silva Owner We do the Our BEST to i be the BEST." . . . . . . . . . . . . . . . . . . . . . . . Affordable A Ao Q•_� 151 Affordable St, saes !N✓1�V �7A Salem,Ma 01970 (978)741-2100 December 18, 2000 United Auto Transport, Inc PO Box 4545 Salem, Ma 01970 Dear Mrs. Silva, This Letter is to confirm United Auto Transport will be occupying the back office at: Affordable Auto Sales, 151 Canal St, Salem Ma. As of December 5'', 2000. If there are any questions regarding this agreement, please don't hesitate to contact me. Sincerely; George GI a akis Affordable Auto Sales George Glentadakis Owner COURT DOCKET NO. Q CITATION NO. CITY O SALEM PD 0 77 VIOLATION NOTICE #J'.L t NAME(LAST,FIRST,INITIAL) //!l/1�F^t�; �,///v6 STREETADDRESS CITY/TOWN STATE ZIP LICENSE NO. LIC.EXP.DATE DATE OF BIRTH OWNER'S NAME(LAST,FIRST,INITIAL) - STREETADDRESS CITY/TOWN STATE ZIP REGISTRATION NO. STATE EXP.DATE MAKE/TYPE YEAR COLOR DATE OF VIOLATION TIME DATE CITATION WRITTEN wA gorvu QNO LOCATION OF VIOLATION• ENFORCING DEPT. OFFENSE r� CHAP. SECT. FINES Q J �J B v C OFFICER I.D.NO, TOTAL FINE J DUE OFFICER CERTIFIES COPY.-GIVEN TO VIOLATO i+ � • IN HAND X ❑ BY MAIL DO NOT MAIL CASH-PAY ONLY BY POSTAL NOTE,MONEY ORDER OR BY CHECK MADE PAYABLE TO: CITY CLERK CITY HALL 93 WASHINGTON STREET SALEM,MA 01970 TEL.(508)745-9595 X 251 1 HEREBY ELECT TO EXERCISE THE FIRST OPTION AS STATED ON REVERSE, CONFESS TO THE OFFENSE CHARGED,AND ENCLOSE PAYMENT IN THE AMOUNT OF $ CASE# SIGNATURE= SEE OTHER SIDE FOR FURTHER INFORMATION ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL 7EMOVELINER HEINIT 3AON3H 9AIS3HOV 3SOdX301 TO EXPOSE ACHE )N383AIS3HOY 3SOdX301 TO EXPOSE ADHESIVE REMOVE LINER H3f VIOLATION NOTICE Place Stamp Here Post Office TO OFFENDER: will not deliver YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS without stamp O MATTER:(1)You may elect to pay,either by appearing in person between 8:30 am to 4:30 pm, Monday through Friday,legal holidays excepted,before:THE CITY CLERK-SALEM CITY HALL, or by mailing a check,money order or postal note to the City Hall WITHIN TWENTY-ONE(21) DAYS OF THE DATE OFTHIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record.(2)If you desire to contest this mother in a non-criminal proceeding, you may do so by making a written request to the above City Hall or Assistant Clerk will operate as a final disposition,with no resulting criminal record,provided any fine imposed by that officer Dili- is paid within the time specified.(3)If you fail to pay the imposed fine or to appear as specified,a criminal complaint will be issued against you. CITY CLERK City of Salem CITY HALL 93 WASHINGTON STREET 0 SALEM, MA 01970 PO Box 4545 Salem,Ma 01970 (978)745-1799 odca (979)741-1688 fax United Transport Inc. December 18,2000 The City Clerk Salem City Hall 93 Washington St. Salem,Ma 01970 Dear City Clerk, We are making a written request to contest the matter of violation#PDO 177. The violation was issued for occupying the building on the lot we rent at 8-10 Broadway,as an office. We contest the ticket because we were not operating our business out of the office. The ticket was slid underneath the door,there was no one occupying the office,one was left the same way on December 6' #PD0176,and we have made a written request to contest that ticket as well. We spoke to Mr. Strout on Monday December 4'",and was told that there were some issues that were going in front of the city council that evening,and that we were in violation for occupying the building as an office. We had made a previous arrangement to relocate the office as of January 1', 2001 to Affordable Auto Sales, 151 Canal St,Salem. When this was brought to our attention,we made arrangements to move immediately,and no longer occupied the office as of December 5 , 2000. The phone lines were relocated on Tuesday,and dispatching was done from the road,no one was occupying the office,and yet a ticket was still issued. After the first ticket was issued,I contacted the Building dept,and left several messages for Mr. Strout,none of which were returned. After a second ticket was issued,I tried to once again to contact Mr. Strout to reach a resolution on the issue. My messages were not returned I have enclosed a copy of a letter verifying that our office has relocated to 151 Canal St.,Salem Ma 01970. The building has a notice posted to inform the public of our office relocating,we are still using the premise for storage,as the building dept.previously advised us to do. I have left several messages at the Building dept. pertaining to this issuance of these violations,and have yet to have any of my messages returned. If there is any information I can provide for you on this matter,please don't hesitate to contact me. Sincerely, Jennifer Silva- _ "We do the Our BEST to be the BEST!" rdable Affordable Mift Sales 151 Canal St,to Sales Salem,Me 01970 (878)741-2100 December 18,2000 United Auto Transport, Inc PO Box 4545 Salem, Me 01970 Dear Mrs. Silva, This Letter is to confirm United Auto Transport will be occupying the back office at:Affordable Auto Sales,: 151 Canal St, Salem Ma.As of December e, 2000. If there are any questions regarding this agreement, please don't hesitate to contact me. Sincerely, IC George Gle La kis O Affordable-Auto Sales George Glentada.kis Cromer _. ._. ._,..... ..._. WITH or Valem In the year 40 thousand Att Oriainarat Amending non-crimindl fines. Whereas Chapter 40, section 21D of the General Laws allows a maximum penalty of$300 for non-criminal violations, and Whereas The Code of Ordinances for the City of Salem provides for fines much lower than $300 for non-criminal violations, and Whereas The current Code of Ordinances.does not include fines for building code violations and zoning violations, NOW, THEREFORE Be It Ordained by the City Council of the City of Salem, as follows: Section 1 . Chapter 1, Section 1-10 of the Code of Ordinances shall be amended by adding the following: Section 1-10. Noncriminal disposition of ordinance violations. (a) Any person who violates a provision of these Ordinances or of any ordinance of the City, whether included in these Ordinances or any hereafter enacted, whereby any act or thing is enjoined, or. prohibited or required, shall unless other provision is expressly made, be liable for a penalty as set forth in subsection (c) herein for each offense; provided, however, that whenever a higher penalty is permitted under the General Laws of Massachusetts, such higher penalty shall be the maximum penalty for each offense; and provided, further,that this section shall not preclude the City from proceedings wrestrain the violation ofany provision of these Ordinances by injunction where such proceeding is more apt. In all instances, except as otherwise provided, each day a violation continues shall constitute a separate offense. (b) Without intending to limit the generality of subsection (a), whoever violates any provision of these Ordinances, the violation of which is subject to a specific penalty, may also be penalized by a noncriminal disposition, as provided in Massachusetts General Laws, Chapter 40, section 21D. T he noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty."In addition to police officers, who shall in all cases by considered enforcing persons for the purpose of this section, the municipal personnel listed in subsection(c), if any, shall also be enforcing persons for such section. In the absence of a specific schedule of penalties, as provided for below in subsection(c), all ordinances whether included in these Ordinances or any hereafter enacted, may be enforced by police officers through noncriminal disposition as deemed appropriate, according to the following schedule: General Schedule of Noncriminal Fines First Offense......................... $50.00 Second Offense...................... $150.00 Third Offense......................... $300.00 (c)Notwithstanding the provisions of section(a)or(b)of this Ordinance, it is the intention of this subsection that the following ordinances and regulations are to be included within the scope of the noncriminal disposition for violations of ordinances according to Chapter 40, section 21D of the General Laws. The specific penalties, as listed herein, shall apply in such cases. Chapter 2, Article IV, Division 3, Board of Health Regulation 3, Incorporating 105 CMR 590.000, Minimum Standards for Food Establishments, State Sanitary Code. Penalty: First Offense Up to $50.00 Second Offense Up to $75.00 Third Offense Up to $100.00 Enforcing Persons: Board of Health personnel, Police Department personnel Regulation 6, Incorporating State Minimum Standards for Fitness for Human Habitation, section 4, garbage and rubbish, and section 8, responsibilities of owners and occupants. Penalty: First Offense Up to $50.00 Second Offense Up to $75.00 Third Offense Up to $100.00 Enforcing Persons: Board of Health personnel, City Engineer or his designee Regulation 7, Collection, disposal of garbage and refuse. Penalty: First Offense Up to$50.00 Second Offense Up to$75.00 Third Offense Up to $100.00 Enforcing Persons: Board of Health personnel, City Engineer or his designee Section 2-706, Unauthorized collection of solid waste. Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Health Department personnel, City Engineer or his designee, Police Department personnel Chapter 4, Article II, Signs Section 4-46, Penalties. Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Building Inspector(s) d Chapter 8, Article H,, Dogs Section.8-31, License. Penalty: $25.00 Enforcing Persons: Dog Constable, Animal Control Officer Section 8-35,Dog restraint. Penalty: First Offense $25.00 Subsequent Offenses $50.00 Enforcing Persons: Dog Constable, Animal Control Officer, or Police Department personnel Section 8-36 Disposal of waste , Penalty: $50.00 Enforcing Persons: Dog Constable, Animal Control Officer, or Police Department personnel Section 8-37, Security and guard dogs. Penalty: $50.00 Enforcing Persons: Dog Constable Section 8-38,Dogs and cats rabies vaccination; revaccination Penalty: $50.00 Enforcing Persons: Animal Control Officer, or Police Department personnel Section 8-39, Dangerous Dogs Penalty: First Offense $25.00 Subsequent Offenses $100.00 Enforcing Persons: Animal Control Officer, or Police Department personnel Chapter 12, Building, Electrical and Plumbing Regulations Section 12-1, Violations of State Building Code Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Building Inspector(s) Section 12-127, Compliance with electrical code Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: City Electrician Section 12-232, Compliance with code Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Plumbing Inspector Section 22-31, General prohibitions for radios, boom boxes, tape cassettes, disc players, etc. Penalty: First Offense $50.00 Subsequent Offenses $100.00 Enforcing Persons: Dog constable, Health Department personnel,Police Department personnel Chapter 24,.Offenses and Miscellaneous Provisions Section 24-9, Throwing, depositing refuse on streets, vacant lots, etc. Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Health Department personnel, Police Department personnel, Building Inspector(s) Section 24-17, Cigarette vending machines Penalty: $25.00 Enforcing Persons: Health Department personnel, Licensing Board or their designee Section 24-21, Keeping of unregistered, abandoned or discarded motor vehicles, trailers or boats Penalty: $50.00 Enforcing Persons: Fire Inspector, Fire Chief or Police Department personnel,Building Inspector(s) Section 24-22, Repairing or dismantling motor vehicles on public ways Penalty: $50.00 Enforcing Persons: Fire Inspector, Fire Chief, or Police Department personnel Chapter 32,Article III, Security Alarm Systems Section 32-95, False Alarms; for each false alarm in excess of two per year Penalty: $25.00 Enforcing Persons: Fire Inspector, Fire Chief, or Police Department personnel Chapter 34, Article III, Sidewalk and Yard Sales Section 34-126,Penalty for violation of article Penalty: First Offense $25.00 Second Offense $50.00 Third Offense $100.00 Enforcing Persons: Police Department personnel Chapter 38. Streets and Sidewalks Section 38-5,Numbering of buildings, dwellings. Penalty: $25.00 Enforcing Persons: Building Inspector(s),Fire Inspector(s), City Electrician, Health Department personnel, and Police Department personnel Section 38-13, Removal of snow from sidewalks Penalty: $25.00 Enforcing Persons: . Building Inspector(s) and Police Department personnel Section 38-14, Removal of ice from sidewalks Penalty: $25.00 Enforcing Persons: Building Inspector(s) and Police Department personnel Chapter 42, Traffic Commercial vehicles prohibited from parking in residential districts Penalty: $25.00 Chapter 44, Article II, Taxicabs Sections 44-32 through 44-43, inclusive Penalty up to $300.00 Enforcing Persons: Police Department personnel Zoning Ordinance of the City of Salem Penalty for violations of Zoning Ordinance Penalty: First Offense $50.00 Second Offense $150.00 Third Offense $300.00 Enforcing Persons: Building Inspector(s) Respectfully Submitted, Kimberley A. Driscbll Ward Five City Co ncillor Section 2 .This Ordinance shall take effect as provided by City Charter In City Council February 24, 2000 Adopted for First Passage S Referred to the Committee on Ordinances, Licenses S Legal Affairs In City Council March 30, 2000 Adopted for Second.and Final Passage Approved by the Mayor on April 10, 2000 ATTEST: DEBORAH E. BURKINSHAW CITY CLERK r NON-CRIMINAL FINE PROCEDURE 1. Citation procedure Citation is issued by department to violator, either in person or through the mail. Top copy (original) - Department keeps in citation book Yellow & Pink - Department establishes computer and paper file Bottom Mailer - Department either hands to violator, or sends in mail 4t is the issuing Department's responsibility to maintain the record of fines for their Department. The Department enters information into the computer file for their department. (SEE #3 COMPUTER PROCEDURE) Violator has 21 days in which to either pay the fine, or request a hearing by filing a notice with the Department issuing the citation. (a brief letter.to the department head, signed by the violator, is sufficient to request a hearing.) If the violator chooses to pay the fine, he will pay the City Clerk. Upon receipt of the payment, the City Clerk will post the date of payment to the Department's computer file. Departments should regularly check the computer record for fine payments. If the fine is paid prior to a hearing being scheduled, the matter is closed. After 21 days have passed, and the fine remains unpaid, the following may then take place. 2. District Court Procedure The Department may bring the violator to District Court, or if appropriate, may file a Lien against the property (See # 4, LIENS) If the Department is bringing the violator to court, then the department fills out the necessary hearing forms, available at District Court, and returns them to the District Court Clerk's Office. The District Court Clerk will schedule the hearing date, and return the yellow copy of the District Court form to the department head. The District Court will notify the violator of the hearing date. The department head must then go into their computer file, and post the hearing date to the violator's record. This is important, because the violator has the ability to pay the fine up to the date of the hearing. The hearing date on the computer record will advise the City Clerk that payments may still be received up to that hearing date. On the morning of the hearing, Departments should once again check the computer to make sure payment has not been made. If payment was made, the NON-CRIMINAL FINE PROCEDURE 2 department can dismiss the matter before the Clerk Magistrate. If payment has not been made, then the process will continue. The Court hearing is held at the Clerk Magistrate's office, and the Department Head or designee, appears to represent the city. The Clerk Magistrate will make a ruling at that time after the parties are heard. Following the hearing, the Department must post the disposition of the case into the computer. Once again, this will give the City Clerk the necessary information to determine if payment of a fine is appropriate. Examples of items to put in comment column after the hearing: If this is posted it means... .... No show (Violator did not show up, complaint may be filed, do not Accept payment ) $ 9-1-00 (Violator must make payment by September 1, 2000 or whatever date was decided at court) Dismissed (Matter was dismissed. No payment required) Continued (Matter continued to a later date-no payment required) Depending what happens at the hearing level, Departments can work up additional "code" words or phrases. This isn't a problem, as long as you let the City Clerk know what it means, so she knows whether or not to accept a payment. 3. Computer procedure The Non-Criminal Fine program has been placed on our local intranet site for each department issuing non-criminal fines. This will work off our main server, and will allow the sharing of citation information between departments. Departments will only have the ability to add or update information on the records under their jurisdiction. However, all departments will have "read-only" access to each other's files. The other benefit of posting the fines on the public server, is that the server is backed up nightly, so it eliminates the concern for lost computer records. The file that was set up for each department, is a standard spreadsheet format. Attached you will find a copy of your department's file. Departments should feel free to add additional columns to these spreadsheets, for additional information that may be NON-CRIMINAL FINE PROCEDURE 3 helpful to you. The information appearing on the current spreadsheets represents the MINIMUM information that is necessary for record sharing and identification. As you can see on the attached spreadsheet, a sample posting of a fine has been temporarily added to your file. This will give you an idea of the information that will be posted in each column. Departments should remember to remove this sample information when you start posting your citations to the spreadsheet. TO ACCESS THE NON-CRIMINAL FILE: 1. Double Click on the Public Server icon on your desktop. •r Shortcut to Public on'Apps_server'(P),Ink If this icon is not on your computer desktop, we can place a copy there. Or, you can double click the "MY COMPUTER" ICON, then double click the "Public Server" icon. 2. Double Click the "Departments" Folder 3. Double Click your specific Department Folder (A folder has been set up for each Fine Dept.) 4. Double Click on the "Fine"file. It looks like a sheet of paper with an "X" on it. The name of the file is listed below the icon. It will read "FINE -YOUR DEPARTMENT NAME" 5. A message will come up asking for your password. NOTE: Each department has been assigned a unique password to open the file. Your Department's password is written on the attached spreadsheet. Employees that have the authority to add and update the file will need to know this password. 6. Enter your password in lower case typing, and click ok. Your file will now open, and you may begin to add new records, or update information. When you have finished posting, be sure to click the disk "SAVE" icon on the top toolbar. This will save your work. NON-CRIMINAL FINE PROCEDURE 4 NOTE: If you are from another department looking up information, you will follow the instructions up to number 4 above. When the computer asks for a password, click "READ ONLY". This will allow you to open the Department's file, but you will not be able to make any changes or additions. You can, however, print the records if you wish. 7. Click on the top "X" to close the file. Click on the top "X" again to close the intranet. 4. LIENS The Salem City Council has recently adopted a resolution allowing Departments issuing non-criminal citations, to file a lien against a property owner who has been cited with a violation, and who has not paid the fine for the violation. Once a lien has been filed, the owner of the property could not sell, transfer, or refinance their property until all the outstanding liens have been paid. This process could be implemented in the instance of a repeat offender who is also the owner of the property being cited. (Building Inspector, Health Agent, and Public Works could utilize this course of action for landlord and property owner related issues, rather than going down to district court for hearings). Departments that wish to utilize the LIEN process, should contact the City Collector's Office for information regarding the proper procedure to follow. If a department files a lien on a citation, the word "LIEN" should be posted in the comments column. This will alert the City Clerk to refer payment to the City Collector to release the lien. NONCRIMINAL FINES (/ocv ei- ects e BUILDING INSPECTOR DATE OF STREET AMOUNT PAID HEARING CITATION LAST NAME FIRST NAME # STREET NAME TICKET# OFFENSE OF FINE TOTAL DATE DATE COMMENTS 2/1/00 SMITH JOHN 52 LAFAYETTE ST A1251 SNOW REMOVAL $ 25.00 $ 25.00 2/5/00 2/1/00 SMITH JOHN 52 LAFAYETTE ST A1252 SNOW REMOVAL $ 25.00 $ 25.00 3/15/00 Citp of �&aCPm, �41azgarbug;PM5 s! Office of tCte QCitp (foutuit e < Citp jf)uU �immer�' COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS PRESIDENT 2001 2001 LAURA ADeTOMA DEBORAH E. BURKINSHAW SCOTT A. LaCAVA THOMAS H. FUREY CITY CLERK REGINA R. FLYNN KEVIN R. HARVEY JOAN B. LOVELY ARTHUR C. SARGENT III LEONARD F.O'LEARY February 1 2QQ1 KIMBERLEY L. DRISCOLL rY SARAH M. HAYES JOSEPH A. O'KEEFE,SR. Peter Strout Building Inspector City of Salem One Salem Green Salem, MA 01970 Re: 8-10 Broadway, Salem Dear Peter: Please be advised that.I have been contacted by Mr. Don Hess of OceanAvenue West relative to the above-captioned property. Mr. Hess indicates that the old bowling alley, now owned by California Olive Oil Co.,is being worked on and/or being used as a storage facility for various items, building materials, construction vehicles, etc. He and his family have also been disturbed by a backhoe operating during the early morning hours, loading sand from a sand pile that is also stored on the property. As you are aware, this property and its activities have been a problem to the surrounding neighborhood and this problem has recently been addressed in the City Council. Would you kindly address the following questions/issues and respond at your earliest possible convenience. 1. How many businesses now operate on the site? To date, there appears to be several companies operating there including a tow company, landscape/tree cutting company, California Olive Oil company storing items in the old bowling alley building. Would you please provide the names, business addresses and contact people of all businesses operating on this site; 2. The site also has become a dumping ground for building materials, piles of sand, etc. .Who has .generated this debris and what are the. intentions with them? Apparently,as previously mentioned, a backhoe loads sand at hours of the early morning hours. Who is storing this sand and what is it being used for? 3. Has a building permit been issued for work to be performed at the old bowling alley site, and if so, what type of work is being done there and what is the intent for use of the building? Is the building presently up to code under both building and fire regulations? Would you kindly address these issues as soon as possible to respond to me in writing so I may inform Mr. Hess of the outcome. Also, I have spoken with Councillor Driscoll regarding this situation, and will be requesting a site visit with you, myself, Councillor Driscoll, Mr. Hess, the property manager and the owner of California Olive Oil Co. as soon as possible. I will be in contact with you to schedule said meeting. As always, your attention and assistance is greatly appreciated. Very truly yours, 911-- 1 J. 6j Joan B. Lovely City Council President Councillor—Ward Three Cc: Mr. Don Hess Councillor Kimberley L. Driscoll Citp of 6alem, An!garbuattg; ®ffice of the Citp Council QCitp joall COUNCILLORS-AT-LARGE KEVIN R. HARVEY WARD COUNCILLORS 2000 PRESIDENT 2000 LAURAADeTOMA DEBORAH E. BURKINSHAW SCOTT A. LaCAVA THOMAS H. FUREY CITY CLERK REGINA R. FLYNN KEVIN R.HARVEY JOAN B.LOVELY ARTHUR C.SARGENT III LEONARD F. O'LEARY KIMBERLEY L. DRISCOLL SARAH M. HAYES JOSEPH A.O'KEEFE,SR. November 22, 2000 Mr. Peter Strout Building Inspector City of Salem Salem, MA 01970 Dear Mr. Strout: You are respectfully requested to attend a meeting of the Salem City Council Committee on Ordinances, Licenses, and Legal Affairs to be held in the Council Chamber, on Monday, December 4, 2000 at 6:30 P.M.for the purpose of discussing the enclosed. Very truly yours, D�H BU S�FfF�l�l f�� CITY CLERK Enclosure ►b C06UM-11 Order � .gONUIT CITY OF SALEM In Cit Council, September 28, 2000 Ordered: That the Committee on Ordinances, Licenses, and Legal Affairs meet with the Building Inspector, Health Inspectors, Fire Inspectors, Police Inspectors, and the owners of 8-10 Broadway (formerly 18 Broadway), to discuss zoning and work action at this address. In City Council September 28, 2000 Adopted i ATTEST: DEBORAH E. BURKINSHAW CITY CLERK r CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-6110 Fax:978-740-0072 February 10, 2000 Randall B. Warren, Esq. 5 Briscoe Street Beverly, MA 01915 RE: 18 Broadway Street United Towing Services Notice of Variance Condition Violations Dear Attorney Warren: Kevin Silva of United Towing has informed me that you represent him regarding the above captioned matter. As you may know, the variance granted to Joseph Silva on this parcel on June 19, 1996 was conditioned on the following: 1. Petitioner shall comply with all city and state statutes;ordinances, codes and regulations. 6. Petitioner shall maintain in good condition, a safety fence, which shall enclose the portion of the lot which will be used for towing service. City Building Inspector Peter Strout has notified me of the following violations at the-parcel: 1. Improper use of temporary trailer. Salem Zoning Ordinance Article V, Section 7-1. 2. Storage of car carriers. Not within uses granted in variance. 3. Starting vehicles in middle of the night. City Code of Ordinances Sec. 22-1 and 22-2. 4. Storage of unregistered and junk vehicles on the lot. City Code of Ordinances Sec. 24-12. 5. Failure to maintain secure fenced area on lot. Specific condition (#6) of variance. The Massachusetts Appeals Court has recently ruled that not only does a building inspector have the authority to enforce conditions of variances, but more importantly he has an obligation to enforce same. Wyman v. Zoning Board of Grafton, Slip No. 96-13-296 (August 26, 1999)(copy attached). On behalf of the Building Inspector, I am writing to inform you that if United Towing continues to violate the conditions of the variance granted for that parcel, injunctive relief will be sought in the superior court to stop all operations until such time as the violations are rectified. M.G.L. c 40A, § 7. I will diary this matter ahead for seven (7) days. Please contact me after you discuss this matter with your client. Thank you for your attention to this matter. I look forward to hearing from you. Ve best regards, Joh D. Keenan, Ass City Sol. JDK/kjm Enc. Cc. Peter Strout, Building Inspector Cite of '*alem, 'A1a!55arbU5ett!5 r j3ublic Propertp Department �Suilbing Department One 9palem Oreen (978) 745-9595 (Ext. 380 Peter Strout /�� y Director of Public Property [I�1!} Inspector of Buildings Zoning Enforcement Officer June 3, 1999 D.F.1. Trust Lawrence Devito 8-10 Broadway Salem, Ma. 01970 RE: 18 Broadway Dear Mr. Derito: Because of numerous complaints from neighbors, I conducted an inspection of the exterior of your building on Broadway Street on May 15, 1999. The following violations were found; 1. Trash and debris must be removed from the rear of building within thirty (30) days. 2. Graffiti on sides of building to be removed. Notice to remove unsightly conditions from structures or improvements within thirty (30) day in compliance with the Salem Zoning Ordinance Section 12.56 and 12.57. 3. The address number on your building must be updated to reflect the change recorded at the Registry of Deeds. 8-10 Broadway Failure to respond to these complaints will result in legal action being taken in Salem District Court. Thank you in advance for your anticipated cooperation. Sincerely, Thomas St. Pierre Assistant Building Inspector cc: Al Viselli Councillor Kelley $ 12.5 SALEM CODE ing, including the roofing and siding of such, the any unsightly condition commonly referred to as erection of signs or the installation of in-ground or graffiti or any other unsightly condition from such aboveground pools within the city, shall be li- premises. censed to perform such work by the city.However, (Code 1973, § 7-31) the owner of a property may execute work on his own properties without a license,but shall obtain Sec. 12-57. Notice to remove. the necessary permits to perform the work. (a) Whenever the director of public property (b) A builder's license shall be granted by the becomes aware of the existence of an unsightly inspector of buildings upon documentary evidence condition on any structure or improvement within that the applicant has sufficient knowledge, ex- the city,he shall give or cause to be given notice to perience and ability to perform the work for which remove such unsightly condition therefrom:Such the license is issued.Any application for a license notice shall be in writing,signed by the director of shall be accompanied by a certified check or cash public property, and shall have substantially the for the license fee as follows: - following form: (1) General contractor. . . . . . . . . $25.00 (2) Homebuilder . . . . . . . . . . . . . . 25.00 Notice To Remove Unsightly Condition From Struc- (3) Siding contractor . . . . . . . . . . 25.00 tures or Improvements (4) Roofing contractor . . . . . . . . . 25.00 To the Owner,Agent of the Owner, Lessee, Occu- (5) Building mover. . . . . . . . . . . . 50.00 pant, or Person in Possession of the Property (fi) Building wrecker . . . . . . . . . . 25.00 Hereinafter Described (7) Pool installer. . . . . . . . . . . . . . 25.00 TOUR ATTENTION IS HEREBY DIRECTED to the provisions of Section 12-56 at seq. of the (c) No license shall be transferred from one Code of Ordinances, City of Salem, Massachu- person to another.A license shall remain effective setts, on file in the office of the City Clerk in until revoked by the issuing authority for just City Hall. cause. (Code 1973, § 7-5) Pursuant to the provisions of said sections,you are hereby notified that a certain unsightly Secs. 12-6-12-30. Reserved: condition exists on premises specifically de- scribed as which injures neigh- boring property and the public health, safety, ARTICLE II. W1.4INT'ENANCE OF and welfare.You are therefore notified at once, STRUCTURES AND PROPERTY and in any event within 30 days from the date of this notice, to remove said unsightly condi- tion from the property and thereafter to keep DIVISION I. GENERALLY the said property free therefrom. Secs. 12-31-12-55. Reserved. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the same to be re- DIVISION 2. UNSIGHTLY CONDITIONS moved and you will be responsible for the cost of removal of the condition from the property. Sec. 12-56. Removal required; duty to main- Dated at Salem,Massachusetts,this tain premises. day of It shall be unlawful for any person owning, leasing, occupying, or having charge of any prem- ises to permit, allow to remain, or fail to remove Director of Public Property CD 12:6 (Cite of Salem' '41a5SarbU!5Ett$ Public Vrnpertp Mepartment Wuilbing Mepartment One&alem Oreen (978) 745.9595 Crxt. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 2, 1999 Kevin Silva 18 Broadway Salem, Ma. 01970 RE: 18 Broadway Dear.Mr. Silva:e, �.:. As you know, we are in the middle of a court process. This department is willing to allow you to.address the items listed below so that your business can continue to operate at this location. 1. Information needed for a change of ownership to be shown. 2. General clean up of area of all loose debris. 3. Removal of office trailer now being used by Mass Towing. 4. Removal of boats, unused trailers, and motor vehicles. 5. Starting motor vehicles prior to normal working hours. Please notify this department within fifteen (15) days upon receipt of this letter, to inform Lis as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely Peter Stro t Building Inspector cc: Al Viselli Councillor Kelley Donald Hess Citp of �bafem, �Haq;g;arbuott$ Public Prnpertp $Bepartment 36uilbing ]Bepartment One 9pa[em Oreen (97$)745.9595 ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 19 , 1998 George Derito Tr. 18 Broadway Salem,- Mass . 01970 -- RE : Mass Towing Company Dear Mr. Derito: Due to a complaint received by this office , an inspection was conducted at the above mentioned property and found the following violations ; 1 . Information needed for a change of ownership to be shown. 2 . General clean up of area of all loose debris . 3 . Removal of office trailer now being used by Mass Towing . 4 . Removal of boats , unused trailers , and motor vehicles . 5 . Starting motor vehicles prior to normal working hours . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sin el , Peter Strout Zoning Enforcement Officer PS:: --s-cm cc : Al Viselli Councillor Kelley, Ward 5 Donald Hess 135 Ocean Ave . 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Certain noises prohibited gener- boat on public waters. ally. C. In such a manner as to create a noise (a) It shall be unlawful for any person to make, disturbance to any person other than continue, or cause to be made or continued any the operator of a device, when oper- loud, unnecessary or unusual noise or any noise ated by any passenger on a common which: carrier. (1) Endangers or injures the safety or health This subsection shall not apply to noncom- of humans or animals; mercial spoken language covered under section 22-1. (2) Annoys or disturbs a reasonable person of normal sensitivities; or (2) Loudspeakers/public address systems. (3) Endangers or injures personal or real a• Using or operating for any noncom- property, which noise shall be termed a mercial purposes any loudspeaker, "noise disturbance" for the purposes of public address system, or similar this chapter. device between the hours of 10:00 p.m. and 8:00 a.m.the following day, (b) Noncommercial public speaking and public such that the sound therefrom cre- assembly activities conducted on any public space ates a noise disturbance across a or public right-of-way shall be exempt from the residential real property boundary operation of this section. or within a noise sensitive zone. (Code 1973, § 16/2-1) b. Using or operating for any commer- Sec. 22-2. Noises enumerated. cial purpose any loudspeaker, public address system or similar device such The following acts, among others, and the that the sound therefrom creates a causing thereof are declared to be loud,disturbing noise disturbance across a real prop- and unnecessary noises and to be in violation of erty boundary between the hours of this chapter, but such enumeration shall not be 6:00 p.m. and 10:00 a.m. the follow- deemed to be exclusive: ing day on a public right-of-way or (1) Radios, television sets, musical instru- public space. ments and similar devices.Operating,play- (3) Animals and birds. Owning,possessing or ing or permitting the operation or playing harboring any animal or bird which fre- of any radia,television,phonograph,drum, quently or for continued duration makes musical instrument, sound amplifier or sounds which create a noise disturbance similar device which produces, repro- across a residential real property bound- duces or amplifies sound: ary. a. Between the hours of 11:00 p.m. and (4) Loading and unloading, manufacturing 7:00 a.m. the following day in such activities.Loading,unloading or other han- manner as to create a noise distur- dling of boxes, crates,containers or build- bance as set out in section 22-1 across ing materials or similar objects and the a real property boundary, except for engaging in manufacturing activities be- activities open to the public and for tween the hours of 11:00 p.m. and 7:00 which a permit has been issued by a.m. the following day in such a manner an appropriate authority in the city. as to cause a noise disturbance across a b. In such a manner as to create a noise residential real property boundary. disturbance at 50 feet (15 meters) (5) Construction and blasting. Operating or from such device, when operated in permitting the operation of any tools or Supp.No.2 CD22:3 §22-2 SALEM CODE J equipment used in construction or demo- if on private property or at 100 feet from lition work between the hours of 5:00 p.m. the source if on a public space or public and 8:00 a.m. the following day on week- right-of-way.For the purposes of this sub- days or at any time on Sundays or holi- section, the term 'vibration perception days, such that the sound therefrom cre- threshold" means the minimum ground- ates a noise disturbance across a residential or structure-borne vibrational motion nec- real property boundary, or the operation essary to cause a normal person to be of drilling and/or blasting equipment used aware of the vibration by such direct in construction, reconstruction, repair, or means, such as but not limited to sensa- demolition work between the hours of tion by touch or visual observation of 5:00 p.m. and 8:00 a.m. the following day moving objects. on weekdays or at any time on Saturdays, (9) Horns, signaling devices, etc. Sundays, or holidays, except for emer- a. The sounding of a horn or signaling gency work of public service utilities or by special variance issued by the building device on any automobile, o inspector pursuant to this Code and noti- cle, streetcar or other vehiclee onn any y- a fication to the police department. Any street or public place of the city, special variance issued by the building except as a danger warning the cre- inspector pursuant to this Code, shall adevice by means any such signaling first be approved by the city council. All e of any unreasonably loud or harsh sound; and the sounding of building inspectors, in addition to police any such device for an unnecessary officers,shall be enforcing persons for the and unreasonable period of time. purposes of this subsection. b. The use of any signaling device ex- (6) Vehicle or motorboat repairs and testing. cept one operated by hand or elec- Repairing, rebuilding, modifying or test- tricity; the use of any horn, whistle ing any motor vehicle, motorcycle or mo- or other device operated by engine torboat in such a manner as to cause a exhaust; and the use of any such noise disturbance across a residential real signaling device when traffic is for property boundary. All building inspec- any reason held up. tors,in addition to police officers,shall be (10) Automobile alarms. Unnecessary use of enforcing persons for the purposes of this automobile alarms by remote control or subsection. any faulty or sensitive system. (7) Explosives, firearms and similar devices. (Code 1973, § 161/2-2; Ord.. of 12-16-99, § 1) The use or firing of explosives,firearms or similar devices which create impulsive Sec. 22-3. Penalties. sound so as to cause a noise disturbance across a real property boundary or on a (a) Except as otherwise provided in this chap- public space or right-of-way, without first ter, any person who violates any section of this obtaining a special variance issued pursu- chapter shall be fined for each offense not more ant to this Code. Such permit need not be than $25.00. obtained for licensed game-hunting activ- ities on property where such activities are (b) Any person who willfully or knowingly vi- authorized. olates any section of this chapter shall be fined for each offense a sum of not less than $100.00 and (8) Vibration. Operating or permitting the not more than $200.00. operation of any device that creates vibra- tion which is above the vibration percep- (c) Each day of violation of any section of this tion threshold of an individual at or be- chapter shall constitute a separate offense. yond the property boundary of the source (Code 1973, § 161/2-3) Supp.No. 2 CD22:4 6� of -'�5ttlem, � Httssttcliusetts _ 3 9 Pnurd of �ku}tettl Jul h F.: "Jb DECISION OF THE PETITION OF JOSEPH SILVA REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 18 BROADWAY" A hearing on this petition was held June 19, 1996 with the following Board members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph Ywuc and Richard Dionne. 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, requests a Variance for a Change of Use to allow a second business as a towing service for the property located at 18 Broadway. The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or 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 derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Petitioner was represented by Attorney Steven Lovely. 2. There was no neighborhood opposition. 3. Parcel of land in question is located in B1 district. The proposed use is an acceptable use for a B1 district 4. The lot will share two different Businesses A) Bowling Alley, B) Towing Service. 5. Gilford Transportation Industrial expressed concern that the petitioner would cross the tracks to enter of leave the lot. Petitioner stated that there would be no entrance or exit over the R.R. tracks. 6. Lot would be used for storage of motor vehicles. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance woul involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment public good and without nullifying and substantially deroga the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain building permit prior to beginning any construction. 4. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 5. A Certificate of Inspection is to be obtained. 6. Petitioner shall maintain in good condition, a safety fence; which shall enclose the portion of the lot which will be used for the towing service. Variance Granted June 19, 1996 p Joseph Ywuc, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Fassachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal 24/209 DATE Of PEWIT PERMIT No. OWNER - LOCATION see: 8 Broadway 18 BROADWAY (1) STRUCTURE MATERIAL DIMENSIONS No.OF STORIES I No.OF FAMILIES I WARD COST WILDER BOARD OF APPEAL: 6/19/96 - GRANTED - Variance for a Change of Use to allow a second business as a towing service (Mass Towing) Joseph Siliva Petitioner 9/11/96 11512-96 Erect 12'x24' temporary office for Mass Towing. est 2,900. fee 23. L.E.T. 4/2/97 Legal address per Assessor has been changed to 8 Broadway: all future paperwork 6 permits should reflect this change. r RANDALL B. WARREN Attorney/Counsellor At Law April 19, 2000 �Op� City of Salem Attn: John D. Keenan, Asst. City Solicitor 93 Washington Street Salem, MA 01970 RE: 18 Broadway Street United Towing Services Variance Violations Dear Mr. Keenan: Thank you for meeting with me and the Assistant Building and Fire Inspector at the site to review the corrective actions necessary to bring the property in to compliance. As we discussed, Mr. Silva is going to expend energies and monies to repair and maintain the perimeter fence around the property. This shall include contacting the power company that has the easement to the rear of the property about obtaining a proper survey of the boundary back there and possibly having their assistance in erecting and maintaining a fence to control access from the rear of the property. Mr. Silva will address his attention to the remainder of the perimeter fence. We also discussed that I now have in my possession the insurance claim for the irate driver who attempted to ram through the rolling gate with his vehicle and we are looking to find that party and his insurance company to replace and repair the gate opening. Concerning the temporary trailer, Mr. Silva is going to contact the landlord, who I understand has recently purchased the property, to work with them to see if there is any economically feasible method to allow that building to be made into a proper legal structure that would enhance the value of the property, but also bring the property in compliance with the City of Salem's building code. Turning to the vehicles parked on the premises, I am reviewing with Mr. Silva some method to park the vehicles in different statuses in the yard so that all can confirm which vehicles are towed and being processed through the district court system to obtain title for their destruction, removal or sale to be located in one area. The more temporary vehicles are to be parked separately so that we can understand which vehicles are in which status. 5 Briscoe Street Beverly, MA 01915 978-921-0880 978-921-8006 Fax a Further, we discussed Mr. Kevin Silva applying for the necessary permitting to allow both similar non-vehicle title items that may be towed to be parked in the facility and also to be in compliance with the special permit. As I indicated to you on the site, I have talked with Andrew Lizotte, the attorney representing the U S Bankruptcy Trustee, who seized Mr. Joseph Silva and Mass Towing's assets over a year ago and who is the current owner of the large blue vehicle carrier that is parked within the fenced area. We are attempting to work out a solution whereby that structure/vehicle can be removed or otherwise cut down to removable sizes and eliminated from the site. In a similar vain, I have instructed Mr. Silva to pull the existing trash and/or other iron pieces together for removal from the site. Lastly, we have met with Mr. Frank Preczewsky of the Salem Fire Department who was very helpful in pointing out that the old home fuel oil tanks and several 55 gallon drums need to be removed and properly disposed of and have the necessary permits issued by the salvage yard to show their proper disposal. Mr. Preczewsky also indicated that we need to erect a small fence around the existing propane tank for the obvious safety reasons. As I mentioned above, we will be working with the landlord to work out a more appropriate parking scheme so that the neighbors across the railroad tracks will be less impacted by any vehicle startings. We also need to work with the new landlord on other maintenance and landscaping issues to try to improve the appearance of the property, some of which are not United Towing services problems, but are directly related to the site. I would like to have us review our progress in two weeks so that we can show the city our progress and also review any unforeseen problems that may arise. Please call me with your questions. trulyVeryours, lB. Warren RBW:cs cc: Kevin Silva 1121899 NOTICE: The slip opinions and orders posted on this Bulletin Board are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Bulletin Board once it is printed in the Official Reports advance sheets. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, Room 1407, Boston, MA 02108; (617) 557 -1030. 96 -P-296 Appeals Court EDWARD LOWRY WYMAN & another' vs. ZONING BOARD OF APPEALS OF GRAFTON & others. ' No. 96-P-296. Worcester. February 4, 1999 . - August 26, 1999 . Present: Warner, C. J. , Kaplan, & Kass, JJ. Zoning, variance, Conditions, Building inspector. Civil action commenced in the Superior Court Department on July 5, 1994 . The case was heard by Herbert F. Travers, Jr. , J. , on a motion to dismiss, and a motion for separate and final judgment was heard by him. Barbara J. Saint Andre for zoning board of appeals of Grafton & another. Pastora Chace Wyman, pro se, submitted a brief. KASS, J. In 1980, Rosemarie and Thomas Casale were granted Pastora Chace Wyman. ' Roger Dubois, inspector of buildings of Grafton, and Thomas Casale and Rosemarie Casale. 2 a variance by the Zoning Board of Appeals of Grafton (ZBA) that enabled them to build a single-family house on their land at 162 Old Upton Road, Grafton. To that variance' the ZBA attached a written condition: "drainage from the Wyman property shall not be restricted. " The plaintiffs, Pastora Chace Wyman and Edward L. Wyman, are the owners of the property benefited by the variance condition. They claim that the Casales have violated the variance condition and that their property, in consequence, has been flooded. The building inspector and the ZBA have taken the position that violation of the variance condition is a private matter which the building inspector has no duty to correct . Upon judicial review pursuant to G. L. c. 40A, § 17, a judge of the Superior Court allowed a motion to dismiss the complaint "primarily, because the alleged violation of a variance condition imposed at the time of the grant, (1980) , does not appear to be a violation of any zoning ordinance or by-law, ' a requirement of c . 40A, § 7 . 11 We conclude that a zoning code enforcement officer has the authority and the duty to enforce a condition of a variance. According to the Wyman complaint, the factual allegations, which we accept for purposes of analysis, the Casales installed a six-inch culvert on their land in 1986 that restricted drainage on the Wyman property. The then incumbent building inspector The variance is not in the record, and we do not know the nature of the relief given from literal enforcement of the zoning by-law. 3 ordered the Casales to remedy that restriction, which they undertook to do by some grading measures on their property and that of the Wymans. Some time later, the Casales filled in a low area of their driveway, including the area of a drainage ditch, and that further restricted drainage from the Wyman property. 1. Constitutional claims. It is a difficulty of the Wyman complaint that it is diffuse, with eighty-one paragraphs, three counts, and thirteen prayers for relief. Much of the complaint and much of the Wyman brief on appeal assert denials of due process and equal protection of the laws. That is altogether out of focus as the zoning enabling act, G. L. c . 40A, affords adequate administrative and judicial remedies for errors in administration of the zoning law. Due process or equal protection claims are very seldom the means to seek review of the actions of land use agencies, with the door only slightly ajar for relief in "truly horrendous situations. " Freeman v. Planning Bd. of W. Boylston, 419 Mass. 548, 560-561, cert, denied, 516 U.S. 931 (1995) . Nestor Colon Medina & Sucesores. Inc v. Custodio, 964 F.2d 32, 45 (1st Cir. 1992) . This case is not such a one. At worst, the building inspector and the ZBA may have misconceived their authority and duty, a question reviewable under G. L. c. 40A, § 17 . Judgment on the pleadings, Mass.R.Civ.P. 12 (c) , 365 Mass. 756 (1974) , was rightly allowed on the constitutional claims. 2 . Enforcement of variance conditions . Section 7 of c. 40A 4 of the General Laws charges the inspector of buildings (or analog office) of a city or town with the enforcement of the zoning ordinance or by-law. ' Persons aggrieved by the failure of the enforcement officer to act may appeal to the permit granting authority. ' G. L. c. 40A, § S. Neuhaus v. Building Inspector of Marlborough, 11 Mass. App. Ct. 230, 232 -233 (1981) . Conditions of a variance or a special permit are subsumed in the provisions of c. 40A and ordinances or by-laws under which they are promulgated; they are part of the zoning law to be enforced. This is apparent from the text of G. L. c. 40A, § 7, which in the second sentence of the second paragraph, in relation to structures, speaks of actions to compel removal of violations of "any ordinance or by-law . . . or the conditions of any variance or special permit . . . . " Ibid. , as appearing in St. 1975, c. 808, § 3, and with emphasis supplied. So it was that in Vokes v. Avery M. Lovell, Inc . , 18 Mass. App. Ct. 471, 483-484 (1984) , we wrote of enforcement of a limitation in a variance to one garage. See Chambers v. Building Inspector of Peabody, 40 ° So far as material to this case, G. L. c. 40A, § 7, as appearing in St. 1975, c. 808, § 3, provides: "The inspector of buildings . . . shall be charged with the enforcement of the zoning ordinance or by-law . . . . If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same . . . ' Under G. L. c. 40A, § lA, the "permit granting authority" is the board of appeals or zoning administrator. Neuhaus v. Building Inpsector of Marlborough, 11 Mass. App. Ct. 230, 232 n.8 (1981).. 5 Mass . App. Ct. 762, 766 -767 (1996) (condition in a special permit about location of a building enforced) ; Bobrowski, Massachusetts Land Use and Planning Law § 7. 4, at 275 (1993) ("The § 7 mechanism is also available to seek enforcement of conditions of a special permit, variance, or site plan review decision") . The building inspector, ZBA, and motion judge, sequentially, were in error in characterizing adherence to a variance condition as a private matter. A condition of a variance or special permit is presumed to be inserted in the public interest, not a private interest. Cf. Beacon Hill Civic Assn. v. Ristorante Toscano. Inc. , 422 Mass. 318, 320-324 (1996) . A violation of such a condition is, therefore, a matter of public interest, warranting the enforcement attention of the building inspector. ' It has, so far as the record stands, not been established whether the "no interference with drainage" condition of the variance was in fact violated by the Casales or whether the difficulties on the Wyman property had another source. The judgment of dismissal is affirmed as to the constitutional claims and is reversed as to the remaining claims . The case is remanded to the Superior Court for entry of an order remanding proceedings to the ZBA for a determination whether, as matter of fact, the Casales have violated the variance condition and, if they have, for the formulation of an order directed to We do not intimate that the public nature of a condition of a variance forecloses a private action for breach of such a condition, particularly one for damages . 6 the building inspector in accordance with this opinion, i .e. , to enforce the variance condition. ' So ordered. There are other counts against the Casales for trespass and for declaration of an easement in favor of the Wymans that are not disposed of. The judge had certified under Mass.R.Civ.P. 54 (b) , 365 Mass. 821 (1974) , that there was no just reason for delay in entering judgment for the ZBA and the building inspector. The judge of the Superior Court before whom the matter comes on remand (the judge who originally heard this aspect of the case has retired) may, in discretion, order that proceedings on the trespass and easement counts be stayed, pending determination of the zoning component of the case. '„ (liiitg of §Nlem, cfttssttrllusetts 3 9 ntzra of 'Ar peal JUL 3 3 i� r: 36 DECISION OF THE PETITION OF JOSEPH SILVA REQUEST;NG . VARIANCE FOR THE PROPERTY LOCATED At� -8 BROADWAY (I) . A hearing on this petition was held June 19, 1996 with the following Board members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph Ywuc and Richard Dionne. 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, requests a Variance for a Change of Use to allow a second business as a towing service for the property located at 18 Broadway. The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or 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 derogation from the intent of the district or the purpose of the Ordinance. . The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Petitioner was represented by Attorney Steven Lovely. 2. There was no neighborhood opposition. 3 . Parcel of land in question is located in Bl district. The proposed use is an acceptable use for a B1 district. 4. The lot will share two different Businesses A) Bowling Alley, B) Towing Service. 5 . Gilford Transportation Industrial expressed concern that the petitioner would cross the tracks to enter of leave the lot. Petitioner stated that there would be no entrance or exit over the R.R. tracks. 6. Lot would be used for storage of motor vehicles. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose,,of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain building permit prior to beginning any construction. 4. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 5. A Certificate of Inspection is to be obtained. 6. Petitioner shall maintain in good condition, a safety fence, which shall enclose the portion of the lot which will be used for the towing service. Variance Granted June 19, 1996 r Joseph Ywuc, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Xassachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CRIMINAL COMPLAINT 19936CROO1126 -4L\Trial Court of Massachusetts Ulf DEFENDANT Salem District Court SILVA, KEVIN �C 18 BROADWAY SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR M U 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 10/19/1998 SALEM COMPLAINANT POLICE DEPAR MEN / STROUT, PETER MPD DATE OF COMPLAI RETURN DATE AND TIME 04/13/1999 04/22/1999 9:00 AM COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 10/19/1998 did, in violation of ARTICLE IX.SEC.9-5 of the City or Town of SALEM ZONING. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X Z, FRANK D. PRIVITERA, JR. ATTORNEY-AT-LAW 424 BROADWAY SOMERVILLE, MA 02145 TELEPHONE (617) 666-1116 FACSIMILE (617) 666-1117 November 25, 1997 Mr. Leo E. Tremblay Zoning Enforcement Officer Salem Building Department One Salem Green Salem, MA 01970 RE: Locus: 18 Broadway, Salem, MA Owner: DFI Trust, Laurence Derito, Trustee Abutter/Claimant: Donald Hesse, 135 Ocean Avenue West, Salem, MA Dear Mr. Tremblay: Pursuant to our prior conversations, please recall that this office is counsel to the above referenced Donald Hesse. Mr. Hesse resides at 135 Ocean Avenue West, Salem, MA which abuts the property located at 18 Broadway, Salem, MA ("the property"). As you are aware, on or about June 19, 1996, the Salem Board of Appeals granted a variance (the "variance") for the property allowing the operation of a second business and for the storage of motor vehicles. However, as we have discussed, it appears that the current use of the property exceeds that allowed by the variance. First, the parking of large commercial, disposal trucks on the property violates the variance. Second, the accumulation of abandoned and dilapidated motor vehicles does not appear to be within the allowed use of the property. Third, the storage of boats/motor vessels also violates the variance. Fourth, the storage of large automobile transport equipment also violates the variance. Fifth, the storage of backhows and other excavating equipment also violates the variance. Sixth, the placement of a large mobile trailer at the property also violates the variance. Seventh, it appears that the running of second business at the premises does not provide for an ample number of parking spots at the property. I believe it is imperative that the Salem Building Department enforce the terms of the variance and other applicable zoning and land use requirements. In our conversation, you indicated to me that you have afforded the owner a reasonable period of time to comply with the aforementioned. Please call me at (617) 666-1116 to discuss the above. Thank you for your time and attention to this matter. Sincer ec . Pri it�a, r4) Mr. Donald Hesse 3 (ettp of �bafem, fRa!ggarbU!5ettg Public Prupertp 1epartment gra jiguilbing Mepartment (One$ialem Oreen (978) 7459595 (Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 21, 1999 Kevin Silva D/B/A United Towing 18 Broadway Salem, Ma. 01970 Dear Mr. Silva: As a result of you not showing up for your court date, there is a bench warrant out for your arrest in the Salem District Court as of May 21, 1999. We expect that you will make all necessary attempts to solve these violations to ensure your business will have the ability to remain in operation. Please contact our department to rectify these problems. Sincerely, Peter Strout Building Inspector to APPLICATION ® ADULT ER f 7 'al Court of Massachusetts FOR COMPLAINT 11JUVENILEN istrict Court Department ❑ ARREST Ll HEARING ❑ SUMMO S ❑ 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. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 1/14/99 10/19/99 18 Broadway Salem Salem, MA.01970 NAME OF.COMPLAINANT Salem BuildingDepartment NO. OFFENSE G.L. Ch. and Sec p (Peter Strout) ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green Salem ZoningCRrdinance Art. Ix Section Salem, Mass. 01970 9-5 ._. - y 2. NAME,ADDRESS AND ZIR, pE OF DEFENDANT United- Towing l'*: -. _._ 3. 18 Broadway Salem, Mass. 01970 4. COURT USE A hearing upon this complaint application AT THEA TIMEOFHEARING COURT USE ONLY will be held at the above court address on K AT *--ONLY CASE PARTICULA S — BES EUI C 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. 2 3 a 4 OTHER REMARKS: In violation of the Salem Zoning Ordinance Article IX, Section 9-5 regarding Change of Ownership and in violation of t e condition set in the granting of this variance. 1 X S OF COMPLAI NT DEFENDANT IDENTIFICATION INFORMATION -- Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME n O 3 r D Z D Z R rn O O DC-CR2(3188) 4 eftp of Salem, 'fflag5arbU5Ctt5 r s Publir Propertp Bepartment �3uilbing 33epartment One Salem Oreen (976) 7459595 Cxt. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 3, 1999 *Fy Laurence E. Derito 52 Pickman Road Beverly, Ma. 01915 RE: 18 Broadway Dear Mr. Derito: This department would like to notify you of the following problems regarding your property located at 18 Broadway; 1. Graffiti on building rear and sides must be removed. 2. Trash and debris must be removed from rear of building (Copy of ordinance enclosed). Also enclosed is a copy of a letter regarding court action against your tenant, Mr. Silva. Please contact this office within ten (10) days upon receipt of this letter to discuss these matters. SipCerely, Thomas St. Pierre Assistant Building Inspector cc: Al Viselle Councillor Kelley Donald Hess § 12-5 SALEM CODE y ing, including the roofing and siding of such, the any unsightly condition commonly referred to as erection of signs or the installation of in-ground or graffiti or any other unsightly condition from such aboveground pools within the city, shall be li- premises. censed to perform such work by the city.However, (Code 1973, § 7-31) the owner of a property may execute work on his own properties without a license,but shall obtain Sec. 12-57. Notice to remove. the necessary permits to perform the work. anted b the (a) Whenever the director of public property (b) A builder's license shall be gr y becomes aware of the existence of an unsightly inspector of buildings upon documentary evidence condition on any structure or improvement within that the applicant has sufficient knowledge, ex- the city,he shall give or cause to be given notice to perience and ability to perform the work for which remove such unsightly condition therefrom:Such the license is issued.Any application for a license notice shall be in writing,signed by the director of shall be accompanied by a certified check or cash public property, and shall have substantially the for the license fee as follows: - following form: (1) General contractor. . . .. . .. . $25.00 (2) Homebuilder . . . . . . . . .. . .. . 25.00 Notice To Remove Unsightly Condition From Struc- (3) Siding contractor . . . .... . . . 25.00 tures or Improvements (4) Roofing contractor . .... . . . . 25.00 To the Owner,Agent of the Owner, Lessee, Occu- (5) Building mover. . . . .. .. . . .. 50.00 pant, or Person in Possession of the Property (6) Building wrecker . ... .. .... 25.00 Hereinafter Described (7) Pool installer. . . . .. .. . . . ... 25.00 YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Section 12-56 et seq. of the (c) No license shall be transferred from one Code of Ordinances, City of Salem, Massachu- person to another.A license shall remain effective setts, on file in the office of the City Clerk in until revoked by the issuing authority for just City Hall. cause. (Code 1973, § 7-5) Pursuant to the provisions of said sections,you are hereby notified that a certain unsightly Secs. 12-6-12-30. Reserved: condition exists on premises specifically de- scribed as which injures neigh- boring property and the public health, safety, ARTICLE U. MAINTENANCE OF and welfare.You are therefore notified at once, STRUCTURES AND PROPERTY and in any event within 30 days from the date of this notice, to remove said unsightly condi- tion from the property and thereafter to keep DIVISION I. GENERALLY the said property free therefrom. Secs. 12-31-12-55. Reserved. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the same to be re- DIVISION 2. UNSIGHTLY CONDITIONS moved and you will be responsible for the cost of removal of the condition from the property. Sec. 12-56. Removal required;duty to main- Dated at Salem,Massachusetts,this tain premises. day of It shall be unlawful for any person owning, leasing,occupying, or having charge of any prem- ises to permit, allow to remain, or fail to remove Director of Public Property CD12:6 L'il Y tit' aALLm NEIGHBORHOOD IMPROVEMENT TASK FORCE RH: RAI., FOR;Ii Address: ct a Jf m campwn': Y.7 ` y � /f � I �. � 1,G'1i� I ✓ f n14�4 L/'1 S/!/1 ti���lif �f I-:I -e Fr:or : i i ddcess of Coolpi.vns-!': - , r �•r.;r 'yjyEC?CL "AL VI✓I j ' ?!.'t,IQZ UEP,,�3T?1;ENT L'Q-Z r, TRE SU R/C0!Lb T 'R' l--- J W W°•_�LcUSLN r� r_rtg - � � 7-AN iuEARY `— — S�tADE TREE I ✓ v'siN,� All Pt~EASE CIRECK THE A90VE REFERENCED `-'.(JV: 'LAtNT ANL TO DAV[: G SHFA WITHtN _QNE WE K, THANK YOIJ FCR '::'.1R ASS?STANCE. ACTION: �ONDIT,(� c m n CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 June 16, 1999 Kevin Silva United/Mass Towing 11 Broadway Salem, MA 01970 Dear Mr. Silva: The City of Salem has received complaints regarding people sleeping in cars on your towing company's lot. The Salem Police, Fire, and Building Departments, and the Board of Health, are meeting to discuss this situation on June 22, 1999, 11AM, at the Police Station on Margin Street. You may want to attend so that you may participate in the discussion of proposed solutions. Please call me if you have any questions. Sincerely yours, Joanne Scott Health Agent cc: Al Viselli, Chief Administrative Aid to the Mayor of ftlem, massar4usE##s Public Propertq Department Nuilbing Department (One dalcm 6recn �� 500-745-9595 €pct. 380 9 Leo E. Tremblay Director of Public Property n ^, Inspector of Building Zoning Enforcement Officer November 26 1997 George Derito Tr. 18 Broadway �A Salem, Mass . 01970LNovember RE: Mass Towing Company Dear Mr. Derito: Per our conversation o6, 1997 at a pre-scheduled meeting set u . Derito, Mr . Tremblay and Joseph Silva the owner of Mass Towing at 18 Broadway, the following conditions will be met; 1 . Removal of office trailer now being used by Mass Towing. 2 . General clean up of area of all loose debris . 3 . Removal of boats , unused trailers, and motor vehicles . 4 . Removal of trash trucks owned by Hintchey Contracting Company. 5 . Removal of all trucks, trailers , and automobiles from bowling alley parking lot. 6 . Removal of all remaining graffiti from building. These conditions will be completed within fifteen ( 15 ) days upon receipt of this letter or legal action will be taken against the owner of the property. Thank you in advance for your anticipated cooperation in this matter. Sincerely Leo E. Trem ay Zoning Enfo ent Officer LET: scm cc: Councillor Kelley, Ward 5 Mass Towing Donald Hess Chi# of 1*tt1Em, mossar4usetts 0(jg*'D�nmv Public Propertg Bepartment Nuilbing Department (One #uIrm (Srern 500-745.9595 Ext. 380 - Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26 , 1997 George Derito Tr . 18 Broadway Salem, Mass . 01970 RE : Mass Towing Company Dear Mr . Derito: Per our conversation on November 26 , 1997 at a pre-scheduled meeting set up between Mr . Derito, Mr . Tremblay and Joseph Silva the owner of Mass Towing at 18 Broadway, the following conditions will be met ; 1 . Removal of office trailer now being used by Mass Towing . 2 . General clean up of area of all loose debris . 3 . Removal of boats , unused trailers , and motor vehicles . 4 . Removal of trash trucks owned by Hintchey Contracting Company. 5 . Removal of all trucks , trailers , and automobiles from bowling alley parking lot . 6 . Removal of all remaining graffiti from building.. These conditions will be completed within fifteen ( 15 ) days upon receipt of this letter or legal action will be taken against the owner of the property. Thank you in advance for your anticipated cooperation in this matter . Sincerely ���'cc.J Leo E . Tremb/1ay,"" Zoning Enforcement Officer LET: scm cc : Councillor Kelley, Ward 5 Mass Towing Donald Hess FRANK D. PRIVITERA, JR. ATTORNEY-AT-LAW 424 BROADWAY SOMERVILLE, MA 02145- TELEPHONE(617) 666-1116 FACSIMILE (617) 666-1117 November 25, 1997 Mr. Leo E. Tremblay Zoning Enforcement Officer Salem Building Department One Salem Green Salem, MA 01970 RE: Locus: 18 Broadway, Salem, MA Owner: DFI Trust, Laurence D to, Trustee Abutter/Claiman • Donald Hesse, 13 cean Avenue West, Salem, MA Dear Mr. Tremblay: Pursuant to our prior conversations, please recall that this office is counsel to the above referenced Donald Hesse. Mr. Hesse resides at 135 Ocean Avenue West, Salem, MA which abuts the property located at 18 Broadway, Salem, MA("the property"). As you are aware, on or about June 19, 1996; the Salem Board of Appeals granted a variance (the "variance") for the property allowing the operation of a second business and for the storage of motor vehicles. However, as we have discussed, it appears that the current use of the property exceeds that allowed by the variance. First, the parking of large commercial, disposal trucks on the property violates the variance. Second, the accumulation of abandoned and dilapidated motor vehicles does not appear to be within the allowed use of the property. Third, the storage of boats/motor vessels also violates the variance. Fourth, the storage of large automobile transport equipment also violates the variance. Fifth, the storage of backhows and other excavating equipment also violates the variance. Sixth, the placement of a large mobile trailer at the property also violates the variance. Seventh, it appears that the running of second business at the premises does not provide for an ample number of parking spots at the property. I believe it is imperative that the Salem Building Department enforce the terms of the variance and other applicable zoning and land use requirements. In our conversation, you indicated to me that you have afforded the owner a reasonable period of time to comply with the aforementioned. Please call me at (617) 666-1116 to discuss the above. Thank you for your time and attention to this matter. Sincere ra . Pri ifgty"Ja r4' c: Mr. Donald Hesse a far+ TG Zoni_�Je v� C P- Me0-�- d L,eo �revti�i� Cl w1 r.�C%T_i_tn gt5 lett¢J-1to 140DQ_— s-cfi For -7-fi -e Dro -ey Fv acvf7_-eA _cA Z I_� -ro �✓ X- fmz life N= 2 (e�C,14 ( 6u5rWeSL_ Qhe IVA 6m,r, _ e o�Ae✓ Ae `:'y Foy w P�w_�`�G�-V e Fl o c ? es �aC Y�r t Uyv e io(( ill �Tv�_crc s � -T r ter er cu— (3gs,03- 085tg r, e o� r _. nm N .� m o G) o � i i I — � • l � � � f i � � � I � � F � 4 1 I � .� A _. 1 i t^ y i • I � I � I � I, I , ' j a , , . F � � i i i i � � � � i ! � � � i � I i F � C � r .�I � � i � �� � � �� t I I I �* a '� � � � � � � �� a� � � � t , � . i i I i � � � � ! i I � � I l I - I t V , � � Imo.. C� L4 it I �� i I I III �I i � .. � �C '�y..l I � I f. � yli 1. I ! � I � � .L � � � 11 I 1�I � I ff c� I � I � I � 1 I � i � I 1����v;"U��f��j�� i l l i i i � i ' r l I � � i i I ' I I I ,� `� �� (�it� ttf �ttl�rat, �ttssttcl�uttetttt 1f'o IluBlic 19ropertq Department Euilbing #department lone *stem 0ireen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 8 , 1997 D .F. I . Trust Laurence Derito Tr . P .O . Box 2087 Salem, Mass . 01970 RE: 18 Broadway Dear Mr . Derito : On August 7 , 1997 I inspected the property located at the above mentioned location and found that you are illegally allowing the storage and overnight parking of trucks and trailers . The property located at 18 Broadway has two ( 2 ) legal uses, a bowling alley and storage of towed motor vehicles per approval of the City of Salem Board of Appeals . If you wish to add a third use to the property to allow storage and parking of trucks and trailers , you must again apply to the City of Salem Board of Appeals to receive proper variance or you must cease & desist doing so. Also you have graffiti at the rear wall of the bowling alley building that must be addressed at once by means of removal . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify this situation. Thank you in advance for your anticipated cooperation in this matter . Sincerely, �1 7 Leo E . Tremblay Zoning Enforcement Officer LET: scm cc : Health Department Fire Department Councillor Kelley, Ward 5 lilt T Ut' JALbM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: / Address: Complaint: /I_ // /r / V1.11 t , l„HY rs crfeac� z Complainant: Rvl 2 c� /?`tSS -e Phone#: Address of Complainant: S D C2�h �• /n DAVID SHEA, CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT ,FIRE PREVENTION CITY SOLICITOR IHEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL LI E DEPA MENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR DPW WARD COUNCILLOR DAN GEARY SHADE TREE �eyNlS /Jq`y �r y ,r PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE �SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. 3/S? ACTION: r ( J �. �" ;;� �� ✓��" � �'� l fir./ 3 Titg of i�ttlrm' Asssar4usetts Public Propertg Beparfinent iluilaing Department tont thi m 4reen 50B-715-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26 , 1997 George Derito Tr . 18 Broadway Salem, Mass . 01970 RE : Mass Towing Company Dear Mr . Derito: Per our conversation on November 26 , 1997 at a pre-scheduled meeting set up between Mr . Derito , Mr . Tremblay and Joseph Silva the owner of Mass Towing at 18 Broadway , the following conditions will be met ; 1 . Removal of office trailer now being used by Mass Towing . 2 . General clean up of area of all loose debris . 3 . Removal of boats , unused trailers , and motor vehicles . 4 . Removal of trash trucks owned by Hintchey Contracting Company. 5 . Removal of all trucks , trailers , and automobiles from bowling alley parking lot . 6 . Removal of all remaining graffiti from building. These conditions will be completed within fifteen ( 15 ) days upon receipt of this letter or legal action will be taken against the owner of the property . Thank you in advance for your anticipated cooperation in this matter . Sincerelyel ,_ i Leo E . Tremlxl y Zoning Enforcement Officer LET: scm cc : Councillor Kelley , Ward 5 Mass Towing Donald Hess 3 (situ of lihiem, mttssar4usetts R Publit Propertg Eepartment Nuilbing 19partment (One #alcm (Breen 588.715-9595 fxl. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26 , 1997 George Derito Tr . 18 Broadway Salem, Mass . 01970 RE : Mass Towing Company Dear Mr . Derito: Per our conversation on November 26 , 1997 at a pre-scheduled meeting set up between Mr . Derito , Mr . Tremblay and Joseph Silva the owner of Mass Towing at 18 Broadway , the following conditions will be met ; 1 . Removal of office trailer now being used by Mass Towing . 2 . General clean up of area of all loose debris . 3 . Removal of boats , unused trailers , and motor vehicles . 4 . Removal of trash trucks owned by Hintchey Contracting Company . 5 . Removal of all trucks , trailers , and automobiles from bowling alley parking lot . 6 . Removal of all remaining graffiti from building. These conditions will be completed within fifteen ( 15 ) days upon receipt of this letter or legal action will be taken against the owner of the property. Thank you in advance for your anticipated cooperation in this matter . Sincerely , Leo E . Tremblay.' Zoning Enforcgment Officer LET: scm cc : Councillor Kelley , ward 5 Mass Towing Donald Hess 3 C�itg of 143ttlm massar4usetts 1 i'a Public Propertg Department �4^ Nuilbing Department (One Osiem 4reen 508.715.9595 fct. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26 , 1997 George Derito Tr . 18 Broadway Salem, Mass . 01970 RE : Mass Towing Company Dear Mr . Derito: Per our conversation on November 26 , 1997 at a pre-scheduled meeting set up between Mr . Derito , Mr . Tremblay and Joseph Silva the owner of Mass Towing at 18 Broadway, the following conditions will be met ; 1 . Removal of office trailer now being used by Mass Towing. 2 . General clean up of area of all loose debris . 3 . Removal of boats , unused trailers , and motor vehicles . 4 . Removal of trash trucks owned by Hintchey Contracting Company. 5 . Removal of all trucks , trailers , and automobiles from bowling alley parking lot . 6 . Removal of all remaining graffiti from building. These conditions will be completed within fifteen ( 15 ) days upon receipt of this letter or legal action will be taken against the owner of the property. Thank you in advance for your anticipated cooperation in this matter . Sincerer /J Leo E . Trembrl y. Zoning EnforcQment Officer LET: scm cc: Councillor Kelley, Ward 5 Mass Towing Donald Hess CITY OF SALEM F S`® F C �m=. BUILDING DEPARTMENT Pw piq \ Ftp CITY HALL ANNEX DECONE SALEM GREEN R) SALEM, MASSACHUSETTS 01970 `,, m9 O NMS cOoT�oqP }. / S George Derito Tr-��OF9�g9pFNrMFFT��` \ 18 Broadway Salem, Mass. 01970 CL P9 S STo FkA Mc9</S9Fo .., i^p f 1 ii i1 l i ili 1 ;111 �; {`` i� ilii ;i I it I �