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70-72 DEARBORN STREET - BUILDING JACKET Y k 70-72 DEARBORN. STREET \ lll' 4 M 4h•.t l y . OND1T ��04pryg CITY OF SALEM • MASSACHUSETTS ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO City solicitor 93 Washington Street Assistant cry solicitor e08745aaM Salem, Massachusetts 01970 508.921-19M February 22, 1996 Mr. Leo E. Tremblay Building Inspector One Salem Green Salem, Massachusetts 01970 Dear Mr. Tremblay: I am in receipt of your letter dated February 7 , 1996 in connection with the property at 70-72 Dearborn Street. As you will note from the Motions enclosed, Mr. Femino, the Assistant City Solicitor, has signed noticing his Assent to both Motions . In view of the same my opinion would be that the issue as to the legality of these Motions has been ruled on by Mr. Femino and thus it can be allowed by the Board. Very truly yours, ROBERT A. LE OUX RAL/leh File #CS9448 . 11 i .r To: City of Salem, Zoning Board of Appeals From: Francis John Murphy, Sr. and Maura A. Murphy Re: 70-72 Dearborn St. January 31, 1996 Dear members of the Board, On June 9, 1996 we purchased the above property from James A Cahill, which contained a granted, yet contested, subdivision variance. It is our current wish to Vacate without prejudice this variance. A copy of the Superior Court agreement for judgment is attached. Res ectfully Submitted; K JohnMurphy,- r.V_111A auh rP LAW OFFICE OF CARL D. GOODMAN 17 FRONT STREET SALEM, MASSACHUSETTS 01970 CARL D. GOODMAN (508) 745-6006 JACKIE BPLF-BECKER •Aso Mmitud m co.,aint JACQUELINE Voss LEES$ Date: February 5, 1996 :Clerk's Office - CIVIL Re: HOULE ET AL :Essex Superior Court Vs: TAFT ET AL :Court House Docket No.: 91-462A :32 Federal Street :Salem, MA 01970 Our File No.:08-650-90 Enclosed please find: _Complaint,Coversheet,Statement of Damages,Entry Fee and Return Postcard _Summons with Return of Service _Answer to the Complaint Interrogatories Propounded by to be Answered by Request for Production of Documents to _Agreement.to Extend Time for Answering Interrogatories —Notice of Application under Rule 33(a) _Request for Default under Rule 55(a) _Complaint for Divorce,Marriage Certificate and Filing Fee _Notice of Taking Deposition XX Agreement for Judgment signed by all parties/counsel _Certificate of Service(endorsed) _Summary Process Complaint and Summons _Summary Process 10(d)Affidavit --PLEASE FORWARD EXECUTION _Voluntary Dismissal XX Other. MOTION TO SUBSTITUTE-assented to by all parties ssirrssssssrrsisssrrrsirrssssrrsrrsssssrrs*isrss*ssissirrssssrrirsssssssirrs _Kindly place on the List for _Contested/Uncontested sississrsisisssssssisissssisirssirsrssisisssssssissssssssssisisrsssississsssis Very truly yours, LAW OFFICE CARL D. GOODMAN cc: Service List Mr. Leo Tremblay, Bldg. Inspector Carl D. Goodman P 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No- 91-462A tttxtx+tt:xxtt+*+tttt+++ttt +++t . t NORMAND HOULE ET AL, Plaintiffs * -V- * AGRRRMENT FOR �-MDGMENT t JOHN R. TAFT ET AL, Defendants * xxxxx++++tttt+++++t++ tt+++++t*# The Plaintiffs and the Defendants agree that the following shall be entered on the docket in the within action: 1. The Decision dated January 16, 1991 of the Defendants,Richard Benc:al,Edward Luzinski,Richard Febonio,MaryJane Stirgwolt and John Grady,as they constitute the Board of Appeals of the City of Salem, which granted a variance for premises at 70-72 Dearborn Street in said Salem, a copy of which is attached to the Complaint herein, on the application of Defendants,John Taft,Patricia Taft and John J.Cahill, Jr.,shall be remanded to the Board of Appeals of the City of Salem to allow the current owners of the subject premises, 'as successors-in-interest, to request that the decision be rescinded and that the owners be allowed to withdraw the Petition for Variance without prejudice. All parties waive all rights of review and appeal and notice under Rule 77. i _ P e3 i CARL, D. GOODMAN, ESQ. OBER t. ECK, Attorney for Barbara Bulriss Attorney for N. Houle & O en Meegan Plaintiff - Plaintiffs 171^ront Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 7448180 BBO#201720 13BO#393040 and .LFFZemino, Es�q.; �Fr�ancis M7, Defendant',\Pro Aast. City Solicitor Attorney for Richard Bencal, Edward Luzinski, Richard Febonio, Mary Jane Stirgwolt and NgQ John Grady, as they constitute the Maura Murphy, Defen ant, Pro se Board of Appeals 70-72 Dearborn Street One School Street Salem, MA 01970 Beverly, MA 01915 Date. a--- , 1996 (eAiUloulriee4'.jg[I P 04 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No. 91-462A # NORMAND HOULE ET AT., Plaintiffs * -V- * MOTTON TO SUBSTITUTE * JOHN R. TAFT ET AL, Defendants t # Now comes FRANCIS MURPHY, SR. and MAURA MURPHY,and move that the I. Court allow the said FRANCIS MURPHY,SR, and MAURA MURPHY,to besubstituted I as Defendants for the Defendants, TAFT and CAHILL. Asreasons therefore, FRANCIS MURPHY, SR.and MAURA MURPHY state that they purchased the premises at 70-72 Dearborn Street in Salem, Massachusetts and that the Defendants, TAFT and CAHILL, no longer have an interest in the premises which are the subject of the within action. -iccY�a w PRO r'KANC S RPHY SR. - MAURA MURPH - P OSE 70-72 DEAF-BORN ST. 70-72 DEARBORN ST; SALEM, MA 01970 SALEM, MA 01970 n. / � I P 05 ' I ASSENTED TO: CARL D. GOODMAN, ESQ. O ER PEC Attorney for Barbara Bulriss Attorney for N. Houle &Ow n Meegan Plaintiff Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 744-8180 BBO#201720 BBO #393040 Le rd F. Femino, Esq. Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinsld, Richard Febonio, Mary Jane Stirgwolt and John Grady, as they constitute the Board of Appeals One School Street Beverly, MA 019155) Date: __. a 1996 f BUILDHIG DEPT. Jai 31 1120 SP1 °96 RECEIVED CITY OF SALEM,MASS. To: City of Salem, Zoning Board of Appeals From: Francis John Murphy, Sr. and Maura A. Murphy Re: 70-72 Dearborn St. January 31, 1996 Dear members of the Board, On June 9, 1996 we purchased the above property from James A Cahill, which contained a granted, yet contested, subdivision variance. It is our current wish to Vacate without prejudice this variance. A copy of the Superior Court agreement for judgment is attached. Z ly Submitted; Murp y, r. Maura A. Murphy P 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DEPT. s OF THE TRIAL COURT 4 CIVIL ACTION No. 91-462A +ttttt++*tttt+++t++++**++tt+++t NORMAND HOULE ET AL, Plaintiffs _y_ * A('RKEMENT FOR JUDG!ffiNT * JOHN R. TAFT ET AL, Defendants ttttt+++++tt++++++++++++++++ttt ThePlaintiffsandthe Defendants a that the shallbeenteredonthedocket l; g ' in the within action: l.; 1. The Decision dated January 16, 1991 of the Defendants,Richard Bencal,Edward Luzinsk-i,Richard Febonio,Mary Jane Stirgwolt and John Grady,as they constitute the Board f; of Appeals of the City of Salem, which granted a variance for premises at 70-72 Dearborn Street in said Salem, a copy of which is attached to the Complaint herein, on the application of Defendants,John Taft,Patricia Taft and John J.Cahill,Jr.,shall be remanded to the Board of Appeals of the City of Salem to allow the current owners of the subject premises, as successors-in-interest, to request that the decision be rescinded and that the owners be allowed to withdraw the Petition for Hariance without prejudice. All parties waive all rights of review and appeal and notice under Rule 77. i CARL D. GOODMAN, ESQ. ROBERT F. PECK, JR. Attorney for Barbara Buirlss Attorney for N. Houle &Owen Meegan Plaintiff - Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephonc: (508) 745-6006 Telephone: (508) 744-8180 BBO#201720 BBO#393040 Leonard F. Femino, Esq. Francis M�fendant, o Asst. City Solicitor Attorney for Richard Beacal, Edward Luzinski, Richard Febonio, Mary Jane Stirgwolt and John Grady, as they constitute the Maura Murphy, Defeo ant, Pro se Board of Appeals 70-72 Dearborn Street One School Street Salem, MA 01970 Beverly, MA 01915 i Date: , 1996 (alliWulrw3.jgt1 P 04 COMMONWEALTH OF MASSACHUSETTS ESSExr SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No. 91-462A NORMAND HOULE ET AT-, Plaint:ifts t -V- * MOTT01H TO SUBSTITUTE t JOHN R. TAFT ET AL, Defendants + ++++t++++t+ttt++ttttttttt+t+++t Now comes FRANCIS MURPHY, SR. and MAURA MURPHY,and move that the Court allow the said FRANCIS MURPHY,SR. and MAURA MURPHY,to besubstituted as Defendants for the Defendants, TAFT and CAHILL. Asreasons therefore, FRANCIS MURPHY, SR.and MAURA MURPHY state that they purchased the premises at 70-72 Dearborn Street in Salem, Massachusetts and that the Defendants, TAFT and CAHILL, no longer have an interest in the premises which are the subject of the within action. FRANCIS RPHY, SR. - PRO MAURA MURPH - P OSE 70-72 DEARBORN ST. 70-72 DEARBORN ST: SALEM, MA 01970 SALEM, MA 01970 P 05 ASSENTED TO: CARL D. GOODMAN, ESQ. ROBERT F. PECK, JR. Attorney for Barbara Bulriss Attorney for N. Houle&Owen Meegan Plaintiff Plaintiffs 17 Front Strect 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 7448180 HBO#201720 HBO #393040 Leonard F. Femino, Esq. Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinski, ' Richard Febonio, Mary lane Stirgwolt and ' John Grady, as they constitute the Board of Appeals One School Strut Beverly, MA 01915 Date: ._.. 1996 i BUILDING DEPT. N OU II �okl J nECEI�'ED C,TY C. SA'_E ;.'IAS S. To: City of Salem, Zoning Board of Appeals From: Francis John Murphy, Sr. and Maura A. Murphy Re: 70-72 Dearborn St. January 31, 1996 Dear members of the Board, On June 9, 1996 we purchased the above property from James A Cahill, which contained a granted, yet contested, subdivision variance. It is our current wish to Vacate without prejudice this variance. A copy of the Superior Court agreement for judgment is attached. Res ectfully Submitted; Franci o Murphy, Sr. Maura A. Murph P 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No. 91-462A + NORMAND HOULE ET AL, Plaintiffs * -v- * AC,RKRNRNT FOR JUDGMSHT * ' JOHN R. TAFT ET AL, Defendants ThePlaintiffs and the Defendants agree that the following shall beentered on the docket in the within action: d 1. The Decision dated January 16, 1991 of the Defendants,Richard Bencal,Edward -' Luzinsldi,Richard Febonio,Mary Jane Stirgwolt andJohnGrady,as they constitute the Board of Appeals of the City of Salem, which granted.a variance for premises at 70-72 Dearborn Street in said Salem, a copy of which is attached to the Complaint herein, on the application of Defendants,John Taft,Patricia Taft and John J.Cahill,Jr.,shall be remanded to the Board of Appeals of the City of Salem to allow the current owners of the subject premises, as successors-in-interest, to request that the decision be rescinded and that the owners be allowed to withdraw the Petition for Hariance without prejudice. All parties waive all rights of review and appeal and notice under Rule 77. CARR, D. GOODMAN, ESQ. ROBERT F. PECK, JR, Attorney for Barbara Buiriss Attorney for N. Houle &Owen Meegan Plaintiff - Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephonc: (508) 745-6006 Telephone. (508) 744-8180 1180#201720 BBO#393040 Leonard F. Femino, Esq. Francis Murp y, Defendant,Vro Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinski, Richard Febouio, !Mary Jane Stirgwolt and _ Wmo WAW John Grady, as they constitute the Maury Murphy, Defed ant, Pro se Board of Appeals 70-72 Dearborn Street One School Street Salem, MA 01970 Beverly, MA 01915 Date. , 1996 (eli;vbutrie.s.igtl COMMONWEALTH OF MASSACHUSETTS PO4 ESSEXF SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No.91-462A x NORMAND HOULE ET At., Plaintiits -v-. * MOTION TO STMgTT_TUTE i JOHN R. TAFT ET AL, Defendants i *xiiiii##*i##*i#i** •***#ii*itit Now comes FRANCIS MURPHY, SR.and MAURA MURPHY,and move that the Court allow the said FRANCIS MURPHY,SR, and MAURA MURPHY,to be substituted as Defendants for the Defendants, TAFT and CAHILL. Asreasonstherefore, FRANCIS MURPHY,SR.and MAURA MURPHY state that they purchased the premises at 70-72 Dearborn Street in Salem, Massachusetts and that the Defendants, TAFT and CAHILL, no longer have an interest in the premises which are the subject of the within action. AW A �U�m ��Y�PR. MAURA MURPH - P O SE 70-72 DEARBORN ST. 70-72 DEARBORN ST. SALEM, MA 01970 SALEM, MA 01970 P 05 ASSENTED TO: CARL D. GOODMAN, ESQ. ROBERT F. PECK, JR. Attorney for Barbara Bulriss Attorney for N. Houle &Owen Meegan Plaintiff Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 744.8180 BBO#201720 BBO#393040 Leonard F. Femino, Esq. Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinsld, Richard Febonio, Mary Jane StirgwoIt and John Grady, as they constitute the Board of Appeals One School Street Beverly, MA 01915 Date: _ 1996 BUILDING DEPT. Ju:i .ii 1 LD 1';111 RECEIVED CSTY OF SALEP ,LASS. To: City of Salem, Zoning Board of Appeals From: Francis John Murphy, Sr. and Maura A. Murphy Re: 70-72 Dearborn St. January 31, 1996 Dear members of the Board, On June 9, 1996 we purchased the above property from James A Cahill, which contained a granted, yet contested, subdivision variance. It is our current wish to Vacate without prejudice this variance. A copy of the Superior Court agreement for judgment is attached. Res ectfully Submitted; Franci o rnMurp y,Sr. I11 qN Maura A. Murph P 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No. 91-462A } NORMAND HOULE ET AL, Plaintiffs —v— * AC.RRKMKtIT FOR JUDG!ffili x _ JOHN R. TAFT BT AL, Defendants # tltxt##}}}tt*#########}##t#}xtt ThePlaintifl's and the Defendants agreethat thefollowing shall beenteredon thedocket in the within action: 1. The Decision dated January 16, 1991 of the Defendants,Richard Bencal,Edward Luzinski Richard Fcbonio,Mary Jane Stirgwolt and John Grady,as they constitute the Board of Appeals of the City of Salem, which granted a variance for premises at 70-72 Dearborn Street in said Salem, a copy of which is attached to the Complaint herein, on the application of Defendants,John Taft,Patricia Taft and John J.Cahill,Jr.,shall be remanded to the Board of Appeals of the City of Salem to allow the current owners of the subject premises, as successors-in-interest, to request that the decision be rescinded and that the owners be allowed to withdraw the Petition for Bariance without prejudice. All parties waive all rights of review and appeal and notice under Rule 77. ` P 03 CARL D. GOODMAN, ESQ. ROBERT F. PECK, JR. Attorney for Barbara Bulriss Attorney for N. Houle &Owen Meegan Plaintiff - Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 7448180 BBO #201720 BBO#393040 Leonard F. Femino, Esq. Francis My,,Defendant, Fro Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinski, �� Richard Febonio, Mary Jane Stirgwolt and _ T John Grady, as they constitute the Maura Murphy, Wren ant, Pro se Board of Appeals 70-72 Dearborn Street One School Street Salem, MA 01970 Beverly, MA 01915 Date: , 1996 le:ttibbubiw3.iB�l P 04 COMMONNEALTH OF MASSACHUSETTS ESSEXr SS SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION No.91-462A i NORMAND HOULE ET AL, Plaintiffs -V- * NOTTOK TO SUBSTITUTE t JOHN R. TAFT ET AL, Defendants # Now comes FRANCIS MURPHY,SR. and MAURA MURPHY,and move that the Court allow the said FRANCIS MURPHY,SR. and MAURA MURPHY,to be substituted as Defendants for the Defendants, TAFT and CAHILL. Asreasons therefore, FRANCIS MURPHY, SR.and MAURA MURPHYstate that they purchased the premises at 70-72 Dearbom Street in Salem, Massachusetts and that the Defendants, TAFT and CAHILL, no longer have an interest in the premises which are the subject of the within action. ;IRANC1SRPHY, SR. - PRO MAURA MURPH - P OSE 70-72 DEARBORN ST. 70-72 DEARBORN ST. SALEM, MA 01970 SALEM, MA 01970 P es ASSENTED TO: CARL D. GOODMAN, ESQ. ROBERT F. PECK, JR. Attorney for Barbara Bulriss Attorney for N. Houle & Owen Meegan Plaintiff Plaintiffs 17 Front Street 265 Essex Street Salem, MA 01970 Salem, MA 01970 Telephone: (508) 745-6006 Telephone: (508) 744-8180 BBO#201720 BBO#393040 i Leonard F. Femino, Esq. Asst. City Solicitor Attorney for Richard Bencal, Edward Luzinski, Richard Febonio, Mary Jane StirgwoIt and John Grady, as they constitute the Board of Appeals One School Street Beverly, MA 01915 Date: __ 1996 r (Cita of -"i�ttlem, fiaseachusetts -Snttra of -Aupeal JAN 30 3 Di FILE;r DECISION ON THE PETITION OF JOHN & PATRICIA TAF.Tj PE` TIT IQ �ri,, ]OHN_u ,,HSS. J. CAHILL JR. (OWNER) FOR A VARIANCE(AT 70-72 DEARBORN STS-(Vi) A hearing on this petition was held January 16, 1991 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Richard Febonio, Mary Jane Stirgwolt and Associate Member John Grady. 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. Petitioners are requesting a Variance from the minimum lot width as defined in the City of Salem Zoning Ordinance in order to divide two contiguous lots in this R-1 zone, and to construct a single family dwelling at 72 Dearborn St. The Variance which has been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal , after careful consideration of the evidence present at the hearing, and after viewing the plans, makes the following findings of fact: 1 . That the lot was previously designated as two lots and approved in the original subdivision plan. 2. That at the time petitioner purchased the lot designated as number 70 he already owned the lot designated as number 72. 3. That dividing the lots back to their original configuration, as requested, would leave 70 Dearborn St. with 15,579 square feet and 72 Dearborn St. with 16,500 square feet, both having over the 15,000 square feet required by the City of Salem Zoning Ordinance for an R-1 zone. 4. That the proposed single family dwelling will meet all setback requirements of the City of Salem Zoning Ordinance for an R-1 zone. 5. That there was support and opposition voiced at the hearing. j DECISION ON THE PETITION OF JOHN & PATRICIA TAFT (PETITIONERS) , JOHN J. CAHILL JR. , (OWNER) FOR VARIANCE AT 70-72 DEARBORN ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: I . Special conditions exist which specifically affect the subject property but not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioners. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted four in favor of granting the request, one opposed (Ms. Stirgwolt) . The Variance from frontage is granted subject to the following conditions: 1 . The petitioners obtain proper street numbering from the City of Salem Assessor. 2. That petitioner obtain all necessary permits and approvals from any other City of State Authority which has jurisdiction, including, but not limited to the Conservation Commission. Variance granted January 16, 1991 John H. Grady, Associatt7member 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 Mass. General Laws, Chapter Bog, and shall be filed within 20 days after the date of filing of this decision in the office Of the city Clerk, Pursuant to Mass. General Laws, Chapter BOB, Section 11, the Variance or aaeciat Permit Rranted herein shall not take effect until a copy of the decision, bearing the cerhflcahon of the City Clerk that 20 days have elapsed and no appeal has been tiled, or that, If such appeal has been Med, that it has been dismisses or denied is recorded in the South Essex Registry of Derds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL CIT of �zlr�n, r ��r�. ;� ��Iattitittg ��uarl (011P -45alrm tarn SPECIAL PERMIT June 3, 1977 WETT ANDS AND FLOOD HAZARD DISTRICT Mr. JAMES CAHILL 70 DEARBORN ST SALEM, MASSACHUSETTS On Thursday, May 26, 1977, the Planning Board of the City of Salem held a public hearing regarding the application of Mr. James Cahill, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to construction of a pier, ramp and float on the property located at 70 Dearborn Street, Salem, Massachusetts. At a regularly scheduled meeting of the Planning Board on June 2, 1977 the Board voted, by a vote of seven in favor, none opposed, to approve the application dated April 28, 1977 as complying with the requirements for the issuance of the permit. A copy of this application is on file with the Planning Board. I hereby certify that a copy of this decision has been filed with the City Clerk. This special permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty 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 Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. Walter Power, III Chairman, Planning Board New England Divers Inc. _ Tozer Road, Beverly, Massachusetts 01915 DNERYIYGIfS INC. Area Code 617, Tel. 922-6951 N 1 March 16, 1977 Department of Environmental Quality Engineering Wetlands Division 100 Cambridge Street Boston, MA 02202 Gentlemen: Enclosed please find written discription of proposed work and exact discription of the location of the of the project sight for the proposed pier, ramp, and float to be built and maintained by James F. Cahill, Jr. , 70 Dearborn Street, Salem, MA 01970. All abuttors have been notified and agree to this plan. I request your permission to go ahead with my 'plans of building this pier sometirma_ in, the. spring ,of 1977. Thanking you in advance for your, cooperation in this matter. I am Very truly yours, ames F`. Cahilli president New England Divers, Inc, Encl: Copy of letter dated March 15, 1977 to Jack Powers, Building Inspector for the -City of ,Salem.,, ,and ,copy ,pf proposed pier, ramp and float plan%,sheet ,one, o:f two and 'sheet two of two. cc: Jack Powers JFC/bk BUILDING DEPT PAA 17 10 5$ AW1I RECEIVED CITY OF SALEM,MASS. �y1EN8 BUILDING DEPT New England Divers pp�� Inc. Tozer Road, Beverly, Massachusetts 0AY 18 10 $B AM '77 Area Code 617Tel922-6951 Bass INC. CITYOFESALE�� , HASS, March 15, 1977 City of Salem 1 Salem Green Salem, MA 01970 Attention: Jack Powers Building Inspector Dear Mr Powers: This is a written discription of the proposed pier ramp and float which I wish to build and construct and maintain at 70 Dearborn Street, Salem, MA. The pier will be 40` long, the ramp 26 ' long, and the float 30' long. The 40'' pier will be constructed of 10 X 12 inch stringers set atop 3 X 12 inch pile caps. The tops of the ten inch class B piles will be notched to receive the caps, and fastened with one inch galvanize bolts. The stringers and caps will be of long leaf pins. The decking will be of three inch fir planks nailed to the stringers with 4 X 4 uprights and top rails. The height of the deck will be approximately 4 ' above MH Tide. The ramp and float will be constructed of fir.. The boat will be attached to the float piles by means of galvanized "U" clamps. The float will rest on the bottom at low tide. Thanking you in advance for your cooperation in this matter.. Iam Very truly yours, James F. Cahill 70 Dearborn St. Salem, MA 01970 JFC/bk EN6�q�o BUILDING DEPT New England Divers Inc. Tozer Road, Beverly, Massachus r'JA,�O 58 AH T a Area Code 617, Tel. 922-6951 RECEIVED DIVERS INC. CITY OF SALEM,MASS,.' March. 15, .1977 Mr. John Powers Building Inspector 1 Salem Green Salem, MA 01970 Dear Jack, Enclosed please find plans for proposed pier ramp and float which I wish to build on my lot #70 Dearborn Street, Salem, MA. I have notified Mr. Gallant, who owns the property next to me, and I also own the lot #8, so all abuttors have been notified and there is no complaint by either against this project. I'f you need any other information, please do not hesitate to contact me. Iam Very truly yours, r Jam s F. Cahill 0 earborn Street S' 1 m, MA 01970 Encl, Plans for pier ramp and float (3 copies) JFC/bk. 4 PWLDlt9G DU'T FiECct'JO (� CITY OF S LCb4��ASS. Il 4 41 Q' LOCUS MAP I CF, G . S. - 240 _ i SCALE: =2000 ' t L.O T #8 w PROPERTY OF J. F CAHILL Jr. PROPOSED C 40 Cq,P 40 Lu > C no -- I � � pleR � � o C .`r !� SUMMERS W o Z 1 A ± El I ' PROP05ED PIER, RAMP AND FLOAT PROPERTY OF GALLANT - SH } OF '2 OF M4� ® � THOMAS 9 o Eo za 40 IN WORTH RIVER fwrz SCALE : I' = 40 AT SALEM H. CAUNTY ESSEX, MURPHY N SPATE MASS APPLICATION PAY `� `Fss, N�� 4 JAMES F CAHILL Jr. •�i4hti+o`° MAR.1977 514. 1 of o r 30' �aPIER RAMC A� E5 "U CLAMP – – - - - - --- — 1- - M. H.W II SCALE: �I fl a� 11 2d 201 2d 20'—��. 41x 4'TOP RAIL T -. 4" CTR RAIL 3"PLANK " ia'xi27 STRINGERS- FLOAT 15OLTEO 2'x io" -13OLiCD I 1 IIoGLASS ( I I I i0" CLASS 5 SECTION A-A ! �pli'ING I P,LING tl SECTION E5- 5 t SCALE I"= 1=0 10 PROPOSED ITER, RAMP AND FLOAT SH.2 OF 2 9A 14ORTH RIVER �ZH OF M,i$s'c Z 9 AT SALEM THOMAS COUNTY ESSEX 5TATE,MASS. MURPHY H APPLICATION by A tt1 w, JAMES F. CAHILL. JR . 5H. 2 OF 2 MAR . Ia77 .+"`� r r �Q" 4 ti Q' I..00US MAP C G . s. - 240 5CAL El : 1" =2000 ' LOT *-B PROPERTY of J. F. CANILL Jr. PROPOSED C cu 4 SUMMERSE41 z P I PROPOSED PIER, RAMP AND FLOAT PROPERTY OF GALLANT SH i of 2 Fltµ OF AtT 0 ! 1N NORi H RIVER q THOMASy SCALE : 1" c 40' AT SH. ALEM - ' MURPHY H' ! COIJNTY ESSEX, 8 STATE MASS . APPLICATION PAY JAMES F CANILL Jr. MAR.1977 514- 1 4F 2 ryM' R sa' 40PlER RAMP' AA] r P, "UCLAMP M. H.W SCALE: I''=20' ASI iI II it I � �! II 0 5 10 20 I� 4'x 4'T-0P RAIL '2:* ,,4" CTR RAIL 3"PLANT( i 'x !2" STRINGERS- FLOAT 15OLTED 210 I3oLi[t? I I _ I It01 "CLASS I I _ i 10" CLASS b ( i SECTION A-A 11FILL'ING T t PILING�I sCAL— E� I SECTION 5- 5 1 0 5 10 PROPOSED PIER, RAMP AND FLOAT SH.2 OF 2 i MMQs IN NORTH RIVER `Hs>o AT SALEM /g rHHns y„ T COUNTY ESSEX STATE MASS. o MURPHY Hi APPLICATION P5lf JAMES F. CAHILL, J(z . `OFeG)ST ., i SH. N 2 OF 2 MAR , + ew+ �P 4 r LOCUS MAP cr, G . s. - 240 SCALE : I" =2000 ' L O T *8 to PROPERTY OF J. F CANILL Jr. PttoPosED Y �I-P AVO '! LU C _ co �— ' 11C Q PIER 14, SUMMERS> Z � p P � , I I PROP05ED PIER, RAMP AND FLOAT . H j of PROPERTY OF GALLA14T OF MQ 0 20 THOMAS y o ro 20 40 Iµ WORTH RIVER s"s H. I SCALE . I" : 40' MURPHY AT SALEM o cs w COUNTY ESSEX. I STATE MASS - APPLICATION 5Y ��rpFSStONAI JAMES F CANILL Jr. "* iw,v 404 MAR.1977 5I4. 1 of 2 30� �O PIER 2G' RA 2G' A- - U"CLAMP I - - - - - - -- - - - M• H.W II : I SCALE: I"-20' II I II A1 '- II 0 5 10 20 11 l u 20' 20' _ 2o'— - 20'-- B 4''x 4'TOP RAIL Tx 4" CTR RAI L 3"PLANK s \ 3' O" 10'x12` STRINGERS- FLOAT 5OLTED 2"x I O" I I II P.,oLTED 1110 CLAS5 I I I 10" CLASS 05 I I SECTION A-A I IPIPINGI I I PILING 1 SCALE: ('-p�• SECTION E5- e) I 0 5 10 SCALE : 1"= 1'-0 PROPOSED PIER, RAMP AND FLOAT SH.2 OF 2 IN NORTH RIVER `N OF Af4,p AT SALEM ior� THOMAS csc / H COUNTY ESSEX STATE,MA55. MURPHY ,Hr APPLICATION 15Y 11 JAMES F. CAHILL, JR . SH. 2 of 2 MAR . 1977 THE COXI�ICNIJWF-�,,!AfH OF DFTFRMIc1ATION OF APPLICAB LITY GP THE V"'LAND P?(T-CI ±MND CN.Ai='FR 131, SF•CTION 40 MAY 20 10 3B 'AM 976 -- RECEIVED T0: Cgy'of:SALEH,MASS. Staley YIcDermet �-prii 26, 1976 30 Dearborn St. Purst,ant to ',the authority of G.L. c. 131 s.40, the Salem Conservation 00mmission has considered your request for a determiration of applicability together with the plans submitted with it and has made the following aetermination: 1. / / The area shown on the plans is not subject to the Act. described beloor 2 . / The entire area r :c. =. E =ms's is subject to t Act and shall require a tiling of the Notice of Intent, for .anv work to be performed. 3. / / Only the area described below is subject to the Act and shall reanire; a filling of the Notice of Intent: 72- Dearborn Street,Salem; P9a.. Owner: - James F.Cahill,Jr. - 17 Ober St. Beverly, Pass., ?. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. S , This determination does not relieve the person requesting the determination from complying with all other applicable federal, state or local statutes, ordinances, by-laws, and/or regiils,tions. 6. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed caused to revoke or modify the said determination. F 7. No work may be commenced un��r this de P f, inat on until all appeal) oer:odF, ha e elapsed. _ i• ua `l,w�.Ll_ J ISS D Salem Conservation a � y / f'tirsrr�2oa- -- / f11W a� loner-' Lha' �'p:irtil Rt Of Nature' P_50UiC /�lS5L:F5 a -�i,�_ flx^J-e/2:1.g� `L-'G rl- a'=;On, yOL: are }'12re�y notified Of }•OUr rlgh.�". t0 a _ormal i�iaariP.:1 orOvided it is made within _.en (101 days from the date of the superseding de..ermination of the DeDd'_t—tient of LTatural. Resources. y ENVIRONMENTAL DATA FORM l'. All parts of this form are to be filled ouz by the applicant or his a,ent under the provisions of G.L. CH.131 S . 40. 2. Where a section is not relevant to the application in question, the words "Not applicable" should be entered on the appropriate line. NAME OF APPLICANT ADDRESS OF APPLICANT MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED. - DESCRIPTION OF PROPERTY INVOLVED IN APPLICATION (including the dimensions of any existing buildings, decks, marinas, existing cesspools) DESCRIPTION OF .MODIFICATIONS PROPOSED ON THE BITE, including grading, dredging, removal of vegetation, etc. A. SOILS 1. United States Department of Agriculture Soil Types (show on map) 2. Permeability of soil on the site. (Dates of testing) 3. Rate of percolation of water through the soil. (Dates of testing) B. SURFACE WATERS 1. Distance of site from nearest surface water (Date of measurement) 2. Sources of runoff water 25 - T 2 -1 3. Rate of runoff from the size k- A. Destination of runoff- water 5. Chemical additives to runoff water on the site C. GROUND COVER 1 . Extent of existing impervious ground cover on the site 2. Extent of proposed impervious . ground cover on the .site . . 3. Extent of existing vegetative cover on the site 4. Extent of proposed vegetative cover on the site D. TOPOGRAPHY . 1. Maximum existing elevation on site 2. Minimum existing elevation of site 3. Maximum proposed elevation of site 4. Minimum proposed elevation of site 5. Description of proposed change in topography - E. GROUND WATER 1. Minimum depth to water table on site (at time of filing) . 2. Maximum depth to water table on site (at time of filing) 3. Seasonal maximum ground water elevation F. WATER SUPPLY 1 . The source of the water to be provided to the site 2. The expected water reouirements (g -p.d. ) for the site 3 . The uses to which water will be put G• SEWAGE DISPOSAL 1 . Sewage disposal system (description and location on the site, of system) . i 2. Expected content of the sewage effluents (human waste, pesticides, i detergents, oils, heavy metals, other chemicals) 3 Expected daily vo'_umnes of sewage H. SOLID WASTE - 1. Estimated quantity of solid waste to be developed on the site 2. Method for disposal of solid waste 3. . Plans for recycling of solid waste f I. BOAT YARDS, DOCKS, MARINAS L. 1. Capacity of .marina (number of boats, running feet) 2. Description of docks and floats . (site, dimensions) . 3. Description of sewage pumpout facilities (type of waste disposal) 4. Description of fuelling facilities and fuel storage tanks 5. Description of fuel spill prevention measures and equipment- J. IMPACT OF PROPOSED ACTION APPLIED FOR 1 . Effects on plant species (upland and marine) 2. Effects on marine species (shellfish, finfish) i 27 - 3. Effects on drainage and runoff 4. Effects on si_tation of surface waters 5. Effects on groundwater quality 6. .Effects on surface water quality K. ALTERNATIVES TO PROPOSED ACTION 1. Describe alternatives to the requested action 2. Describe the benefits of the requested action over the alternatives { Z� 28 - , y k, RIVER NORTH 440j a N / b\ AREA fi �06�� 32, 000 S.F s,6� of 107(�(o OuJ 61 DecK PROPOSED PL OT PL AAl 41 70 DEARBORN STREET T� �-�f-F)ap.rJ � P�h�,s < � �.g� = N SALEM , MASSACHUSETTS SCALE.' / " =20 ' JULY l6 2004 PARSONS AND FAIA /NC. Dso LEMS STREET EARBORN STREET LYNN , MASS. 0 20 40 60 90 f00 �t�A MgSr ftp , �j�ayf4�arca� �+: sttRY�y� r �� . � n �.�