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223-225 DERBY STREET - BUILDING JACKET DERBY STREET Certificate No: 566-06 Building Permit No.: 566-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNrr#604 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ft ----- — --- f/ t--------------------- Issued On: Mon Jun 12,2006 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. 0225 DERBY STREET URB 566-06 cis# i o — COMMONWEALTH OF MASSACHUSETTS Neap: 34 CITY OF SALEM. --—-- Block. Lot: i446-804 Category: 1102 New Attached Co Permit# " -o' BUILDING PERMIT Project# J 2006-1157 Est. Cost: J$S0000.00 Fee Charged: $0:00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const Class: 11 Contractor: License: Use Group: -Village Construction STATE-054710 Lot Slze(sq.ft):37595 Zoning: BS �OWner: PICKERING WHARF REALTY TRUST Units Gained: AppliCarit: Village Construction Units Lost: AT: 0225 DERBY STREET URB Dig Safe#: ISSUED ON: 064an-2006' AMENDED ON: EXPIRES ON: 06-Jul-2006 TO PERFORM THE FOLLOWING WORK: 566-06 SUB-PERMIT FOR UNIT#604(FROM PL^RMIT#603-2001) IB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plum ILPY, w Building _ ' derground_ - Catinn:Underground: _ _!F— va Service: Meter: Footings: Rough:fR/eloic'NG-ili7// Rough: t Rough: �� O Foundation: Final: _�lj_/iGr Final: Fina: Rough Frame: , —�Fireplace/Chimney. D.P.W. Fire HealthMeter: Oil: f tnsulmio� _ J 9y,/jX�L//Aj® Ale 46 Final• _f pi - Smoke: /� T ca ry: Water: Alarm: (\/ e Q Sewer: Sprinkl s: p� - THIS PERMIT MAY BE REVOKED09Y T E CITYOF SALEM UPON VIOLAT N OF ANY F T RULES AND REGULATIONS. Glf Sigml ttlre: Fee Type. Receipt No: Date Paid: Chec o: Amount - BUILDING REC-2006001657 06-Jai-0 _ _ ..,.,. .,�_ .. "000 �• - -�qpp t r" . Act Lail for Permit to Uccup� � ---74' x#, 85 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. Z. ' Certificate No: 568-06 Building Permit No.: 568-06 COmmorweaRl of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY SUB-PERMIT FOR UNIT#606 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Wed Oct 11,2006 }---- -- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc ------------ ---------------------------------------------------------------- 0225 DERBY STREET UHB 568-06 GIs#: 11207: COMMONWEALTH OF MASSACHUSETTS Map34 Map: CITYI OF SALEM Lot: 446-804 Caiegory: 1102 New Attached Co I Permit# 1568 BUILDING PERMIT Project# JS-2006-1159 Est. Cost. 1$40,000.00 T Fee Charged: $0.000 Balance Due: " ' $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use Group: Village Construction STATE-054710 Lot S lze(sq. ft): 37595 BS ---,Owner: PICKERING WHARF RF'AL,TY TRUST Zoning: Units Gained: _ Applicant._ Village Construction Units Lost _ IAT. 0225 DERBY STREET UHB Dig Safe#: ISSUED ON: 06-Jan-20061 AMENDED ON: EXPIRES ON: 06-Jul-2006 TO PERFORM THE FOLLOWING WORK: 568-06 SUB-PERMIT FOR UNIT#606`(FROM PERMIT#603-2001) JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing lBuildine Underground: IUnd-emouLd: ,A _ iEncavation: Service: Meter: / J 5/ Footings: — — Rough: Rough: RnugA. OI�1 O Foundation: Final: Final: ` Final: Rough Frame: t/ l0—/d—OG _._. FirepiacdChinmey: D.P.W. Fire Health Insnlati Meter: Oil: le /rO 6 Fina• house# mokc O� r j T r ury: Water: Alarm: Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLA T N O � F RULES AND REGULATIONS. Sig.aa6ure: Fee Type: Receipt No: Dat.^Paid: Check No: Amount BUILDING REC-7.006-001651 O6- sn ..��..._ X $0.00 gpL rs iy.tYlt�vr fail-' s.irrs ls'lil fS �y,r��°sir:�� Gall for Permit to OCCUPY L �� i ��. 335 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc Certificate No: 563-06 Building Permit No.: 563-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM ------------------------------------------------------------------ -------------------------------------- - - ---------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR UNIT#601 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date 4. 6, Issued On:Tue Oct 16,2007 ----------------------- GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. -----------_-------------------_____ --_------------------__ 0225 DERBY STREET UHB 563-06 GIs#: 1207 COMMONWEALTH OF MASSACHUSETTS Map: 34 Block; CITY OF SALEM Lot 0446-804 Category: 102 New Attached Co Permit# 563-06 BUILDING PERMIT Project# JS-2006-001154 ; Est.Cost: $40,000,00 Fee Charged: $0.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: Village Construction STATE-054710 Lot Size(sq. ft.): 37595 B5. Owner: PICKERING WHARF REALTY TRUST Zoning: . , Units Gained: Applicant: Village Construction Units Lost: AT: 0225 DERBY STREET UHB Dig Safe#i ISSUED ON: 06-Jan-2006 AMENDED ON: EXPIRES ON: 06-Jul-2006 TO PERFORM THE FOLLOWING WORK: 563-06 SUB-PERMIT FOR UNIT#601 (FROM PERMIT 603-2001) POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: - Footings:-- - Rough: � Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: td Final: e 6/07 Meter: Oil: 'j///��'/,J�l/-,'o(! V v /�Q House# Smoke: - Dei l� Tre ry: G,04 FJ Water: Alarm: Sewer: Sprinklers: THIS PERMIT MAYBE REVOKED BY THE CITY OF SALEM UPON LA IPPV OF ITS RULES AND REGULATIONS. Gi Signatu Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2006-001649 06-Jan-06 X $0.00 GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ° ` 1137 City of (Salem,Massachusett8 $50.00 +t a Fee Paid FIRE DEPARTMENT - FIRE PREVENTION DIVISION . 29 Fort Avenue Salem, Massachusetts 01970-5232 10/15/07 (978)745-7777 (Dale) CERTIFICATE OF COMPLIANCE M.G.L.Chapter 148 Sections 26F, 26F1/2 This Certifies that the property located at 225 Derby Street has been equipped with approved smoke detectors.and carbon monoxide alanns and was found to be in compliance with Massachusetts General Law,Chapter 148 Sections 26F.26F 1/2 and 527 CMR 31.et seq. Owner Congress & Derby LLC J I-all nun¢nr 111".11.Jinn ur ....".roan uonmd yan"I I SMOKE DETECTORS RFOUIRE ANNUAL MAIN TENANC A D CLEANING Type of Occupancy: ❑ One family Dwelling ❑ Two Famlily Dwelling x10 Condominium Unit 4 601 ( Jgnature of offiaa rJ perm ip NOTICE: Certificate is NOT VALID, for sale or transfer Vi rp of real estate. 60 days after date of issue. Head of Fire Department { Certificate No: 570-06 Building Permit No.: 570-06 Commonwealth of{Vlassachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at --------- ........-- Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM Address TowNCity Name IS HEREBY GRANTED. A PERMANENT CERTIFICATE OF OCCUPANCY PERMANENT OCCUPANCY" FOR UNIT# 608 I This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires -------------E -_ to _--------___-, unless sooner suspended or revoked. xpiration Date Issued On: Tue Feb 6,2007lc GeoTMS®2007 Des Launers Municipal Solutions,Inc --'---- - "" ' --'-----" "----- ---- ------- --- -- 0225 DERBY STREET UHB 570- GIS#: 11207 COMMONWEALTH OF MASSACHI TS Map 34 Block: CITY OF SALEM Lot: 0446-804 Category: 102 New Attached Co Permit# 570-06 BUILDING PERMIT Project# JS-2006-1161 Est. Cost:- $40,000.00 Fee Chargedi $0.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: t Village Construction STATE-054710 Lot Slze(sq. ft.): 37595 l Zoning: B5 Owner: PICKERING WHARF REALTY TRUST Units Gained: 1Applicant: Village Construction Units Lost: j _ � AT. 0225 DERBY STREET UHB Dig Safe#: ISSUED ON. 06-Jan-2006 AMENDED ON. EXPIRES ON. 06-Ju1-2006 TO PERFORM THE/F IN WORK: 570-06 SUB-PERMIT F 1�/ NPl'#608 (FR M PERMIT#603-2001, JB OST THIS RD SO IT IS VISH3LE FROM THE STREET Electric Plumbing Buildin¢ Underground: Underground: Underground: _ Excavation: Service: �- - Meter: _ - v Footings: Rough: Rou911- 1 / Rough: I/ Foundation: Final:a —a 07 Final• Final: URough Frame: (� 999111111 Fireplace/Chimney: D.P.W. Fire Heai'11 "m n �t I /p qqq NIOil: Insu // 'f L House#. Smoke: Finul: V'l awl L Water: Alarm: Tr" u y: 4 Sewer. Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATI OF ANY O IT RULES AND REGULATIONS. Signature: Fee Type. Receipt No: Date Paid: Check o: Amount: BUILDING REC_2006-001656 O6-;on=.z. X $0.00 _ 7 E o i*3 kJaol for P`ernl o uccup GcoTMS®2006 Des Lauriers Municipal Solutions,Inc. b225 DERBY STREET UHB j 532-05 CIS 4: 1207 COMm .T'H OF MASSACHUSETTS Map: - 34 -- C i TY OF SALEM Block: i .Lot:---- -'.0446-804 . CategoryiCONDO FIT UP i Permit# - 532_05 B U ';SIA ANG PERMIT Project# 11S-2005-0554': Est. Cost: [$40000900 Fee 1$4,005.00 Const Class: PF.RAIISSION A L iiRFRY GRANTED TO: Use Group: _. _.j_: Contractor: License: Lot Size(sq. ft.):i37595 Villa„e Construction STATE-054710 Zoning: B) Owner: DERBY CCO\: .,ESS SIREETREALTY TRUST linos Gained: AnXcont: Village Conitl •.tion Units Lost: AP 0225 DERBY SII,LI- . IB Di,, Safe #: ISSUED ON: 23-Nov-2004 /01F1 tVDEU ON: EXPIRES ON: 23-May-2005 TO PERFORM THE FOLLOW11VC. WORK: 532-05 ADDITIONAL PERMIT fO C'OMPLE IT. COM t1Oi� -,'.`.CI?. HOTEL WORK AND CONDO FIT UP. REFER TO OMGINAI. PLANS SUBMITTED TJS POST THIS C. IT IS V SIIILE FROM THE STREET I{lectric -- C. 11 adergruund: - tint mnd. ICang:rouud: Exc::v:a:on:-- Service: 4roi Niel,r:'r� i ��,/j!Q Footings: ltuugh:�`/—�_ay Ja/f-�✓e KunAh: It:: ::.(!!.vim/ 'oundatioo: IFh:al� (jd JIo2� F Firepla:•./Chiu:are:/ ID_P Vie. Fire 6r sulauon: (Final: florae•: Smoke: - ``ppp��, •Treasury: Water: e A'arm: � p Iseecr: Sprinklers: .. THISh'ER..' IIT 'V!AY DE REVOKED TI' TI IE CI'll' OF S.\L.T;�'I LJ?ON VIOLATTON OF ANY Or'4'iS RULES AND I EXXLA,r[ONS. Sig[ tture'l Fve type: ReceipENu: J.u. Vail. ' ''Check Nor Amom:i: W.T.DiN(i RJ 3110-d::.i: '_ - -:'-n ,-. . ;d7u.. $4 005.00 ,'(:enl':tISl)2604 Drs Lauriers Municipal Sulutima,Inc. ofIIIPm. IIIIc�L�1uSY5 public VrX1V=1V Br:Partmtni z-'- Wuilbinq BrgarTEUVA tont I&WO amts - SO9-745 +J595 Fsi. 380 DISPOSAL OF DEBRIS AFFIDAVIT In accordance.with the provisions of MGL c 4a11Sdebrisaresultedgefthat tas a condition of Building Permit C dbrshall be disposed of in he construction activity governed by this Building Permit. e disposal facility, as defined by MGI: c III, a properly licensed solid wast S 150A. Inc. osed of at: c Northside Carting The debris will be p locasicn of feiiity x Date Signatu o emit Applicant Fully complete (? eprintclea following leas 4 Mike Rockett Name of Permit Applicant village Construction Firm Name, if any 190 Pleasant St. , Marblehead, MA 01945 Address, City 6 State debrishat the demoll--tion.. The above statute :eauireslding orstzucturebe disposed of innavproperlyehab or .other alter as defined by rGL CIII.' S150A and that licensed solid waste disposal facility building permits or license's are to indicate the location of the facility at ip Com.monwealM o/ [_ 4/ PdaziiajcLl etb 2eparlmeni!c;1 J adsu(riaccidanLs nn 600 VVae�s,11.n Sfreai &.4James J.Campbell 1on, Musac"fis 021 1 1 Commissioner Workers' Compensation insurance Affidavit 1, Village Construction/Mike Rockett (kcmw v erminee) with.a principal place of business at: 190 Pleasant St. , Marblehead, MA 01945 trnynrawzio) do hereby certify under the pains and penalties of perjury, that: 1 am an employer providing workers' compensation coverage for my employees working on this job. The Travelers Ins. Co. I-UB 374Y663-3-00 Insurance Company Policy Number `• () 1 am a sole proprietor and have no one working for me in any capacity. y () I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number r Contractor Insurance Company/Policy Number () I am a homeowner performing all the work myself. I understand that a copy of this suternent will be forwarded to the Office of Investigations of the DIA for coverate verification and that failure to secure coverate as reouired under Section 25A of MGL 152 can lead to the imposition of criminai penalties consuting of a fine of up to s).500.00 and/or one Years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed this day of 19 Lens—ee Permiuee Building Department Licensing Board Selectmens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 ---- -- --. ---— ` j CITY OF SALEM / WATER DEPARTMENT 0� •. At re o,ast�l 4d 44eb hector Public Services '----------- ------------------------------------------------ e CITY OF SALEM 1 WATER DEPARTMENT l � jAzalist&g Director Public Services ----------------------------------------------------------------- CITY OF SALEM WATER DEPARTMENT 0.3 ap�0 1 Assistant Director Public Servlcdi 0225 DERBY STREET UHB 603-2001 GIS#: 1207 COMMONWEALTH OF MASSACHUSETTS Map: 34 Black: 1CITY OF SALEM Lot: 0446-804 Permit: Building Category: 213 New residential n BUILDING PERMIT Permit# 603-2001 Project# JS-2001-1022 Est. Cost: $4,000,000.00 Fee: $40,005.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: Village Construction General Contractor-Salem#1571 Lot Size(sq.ft:): 37595 Owner: PICKERING WHARF REALTY TRUST Zoning: BS Applicant: Village Construction Units Gained: Units Lost: AT. 0225 DERBY STREET UHB ISSUED ON. 18-Jan-2001 EXPIRES ON. 21-Sep-2000 ORK.CTO PERFORM THE FOLLOWING WORK.- Construct onstruct Hotel per plans submitted. P.S. 6 month extension 1/16/02-7/16/02 P.S. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: Meter: Footings: Foundation: Rough: Rough: House# Rough Frame: Final: Final: Fireplace/Chimney: Insulation: Gas Fire Department Board of Health Final: Rough: Oil: Treasury: Final: Smoke: Excavation: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2001-001148 21-Aug-00 1069 $40,005.00 GeoTMS®2002 Des Lauriers Municipal Solutions,Inc. Certificate No: 532-05 Building Permit No.: 532-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that --CONDOMINIUM CONDOMINIUM located at -------------- ------------------------------------- Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM - ---------------- - - - - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 508 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ...................... unless sooner suspe or rev:td Expiration Date �jzr !, �L14' Issued On:Wed Sep 28,2005 ------------------ - GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. ------------------------------------ ------------------------------------------ Certificate No: 532-05 Building Permit No.: 532-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0225 DERBY STREET UHB in the CITY OF SALEM - ------------ - -- Address Town/CitYName IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 508 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires - ------------- unless sooners ended or rev ed Expiration Date Issued On: Wed Sep 28,2005 ........... - - GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. -------------------- ---------------------------------------------------------- 2 Electrical Panels cel LJ N I i I I ' , I I ' AAAOAOq � ��yoarr Cocktail Station vp9 Qe gi° a� y No.5294 m 4100 SALEM, PAA PDI` a< 1 f - - - - - - - - - - - — - - - - - - - - - - - ug aSS-Th1 ru Flan 2II1 -0II 1 H.H. Morant & Co., Inc. hhm 04-022 Salem Waterfront Hotel 4 Architects Sk20a °�� Suites "> P.O. Box 4485 Picke12106104 Salem, n Wharf 221 Washington Street Salem, nya ;;:. Salem, Massachusetts 01970 hhm 04-022(02/04) 1/211 = It-011 Pub Service Bar Plan (978) 744-5354 ``" (978) 740-9161 fax 11/29/2009 14:50 FAX 19787447493 RONAN,SEGAL & HARRINGTON 16 001 it 'I Ij 59 FEDERAL STREET SALEM,NA 01970 TEL.979-744-0350 FAX 978-144-7493 A RRINGTON . 1 : i Fax � Ii To: Tom St. Pierce From: George W.Atkins, III iFara 978-740-9846 Pages: 2 Phone.• Date: Novem)er 29, 2004 j Re: 6 Nichols Street CC: Bruce f;omstein 978-744-6814 ❑Urgent ❑ For Review ❑ Please Comment ❑ Plea:e Reply ❑Please Recycle i ' i e Comments: Attactled is a copy of the Judgment entered by the Court on behalf of the defendants, i My client, Bruce Bornstein, and the members of the Salem Zoning Board of Appeals. i I i '. I ' I I i f I i ! i i CONFIDENTIALITY NOTICE: The document(s) accompan+'ing this fax contain confidential f information which is legally provided. The information is intenclod only for the use of the intended j recipient named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in relian;e on the contents of this telecopied f information except as direct delivery to the intended recipient name ad above is strictly prohibited. If you have received this fax in error, please notify us immediately by to lephone to arrange for return of the original document(s)to us. i I . j, December 6, 2004 Thomas St. Pierre, Salem Building Inspector Salem Building Department 120 Washington Street Salem, Massachusetts 01970 Re: Sale Waterfront Hotel & Suites Project (04-022) Derby Street& Congress Street, Salem, Massachusetts Mr. St. Pierre, Based on a review of the hotel permit set (Title Sheet - G. Occupancy Analysis) and on occupancy per MBC 780, there is no separation requirement between the Ball Room (Function Room— 13 7) & the Pub (Pub/Cafe -142) area as they are both occupancy type A3. If you have any questions regarding this project, please call my 9ffice. ©,&A A Sincerely.yours, �o Gys S Aney�a�a .5N4 Ste n ivermore P ide hhm) sr� pna ►��o_f0 �da' SWL/pub pass-thru ltrl K. K. Mornnt 0 Co. , Inc. P.O. Box 4485 EIEI1 Salem, Massachusetts 01970 978.744.5354 Fax 978.740.9161 Email: staff@hhmorant.com CITY OF SALEM, MASSACHUSETTS o. PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 96C�MMg� SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 225 DERBY STREET June 8, 2005 Michele Haselhuhn, General Manager Salem Waterfront Hotel and Suites 225 Derby Street Salem, MA 01970 Dear Ms. Haselhuhn; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 521 CMR Section 23.6 regarding Handicapped Parking Signage, This matter has been discussed with your operation on multiple occasions with no signage as yet. Said violations must be corrected, repaired, and/or brought into compliance within 14 days of your receipt of this notice. Failure to do so may result in: urther actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Officeat (978) 745-9595, extension 386. Sincerely, J eph E. Barbeau, Jr. Assistant Building Inspector CC: file, Architectural Access Board, Mayor's Office, Councilor Corchado COMMONWEALTH OF MASSACHUSETTS t APPEALS COURT CLERK'S OFFICE 1500 NEW COURT' HOUSE BOSTON, MASSACHUSETTS 02108 (617) 725-8106 March 8, 2002 William J. Lundregan, III, Esquire 81 Washington Street, Suite 37 Salem, MA 01970 RE: No. 2000-P-0862 DOROTHY L. HARRINGTON, TRUSTEE VS. SALEM, CITY OF & PLANNING BD. OF & another NOTICE OF DOCKET ENTRY Please take note that on March 8, 2002, the following entry was made on the docket of the above-referenced case: Decision: Rule 1 :28 (L D T) . Judgment affirmed. *Notice. (See image on file. ) Very truly yours, The Clerk' s Office Dated: March 8, 2002 To: Morris M. Goldings, Esquire William J. Lundregan, III, Esquire Paul L. Feldman, Esquire t COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 00-P-0862 DOROTHY L. HARRINGTON, trustee,, vs . PLANNING BOARD OF SALEM & others . MEMORANDUM AND ORDER PURSUANT TO RULE 1 .28 Dorothy Harrington, trustee of the Three Corners Realty Trust, appeals from a decision of the Land Court dismissing, for lack of subject matter jurisdiction, Harrington' s appeal from the grant of site plan approval to Pickering Wharf Realty Trust by the Planning Board of Salem. Substantially for the reasons cited by the judge, we affirm. Both parties argue that the judge erred in dismissing the case because in Quincy v. Planning Bd. of Tewksbury, 39 Mass . App. Ct . 17, 19-22 (1995) , this court held that where the procedural framework of a city or town ' s zoning by-law designates the planning board as a special permit granting authority in relation to site plan special permit applications, approval of the site plan special permit application would still lead to the Trustee of the Three Corners Realty Trust . 1Y Walter B. Power, III, Charles M. Puleo, John C . Moustakis, Gene Collins, Kim Driscoll, L. Lee Harrington, Carter Vinson, David Weiner, and William R. Cullen, as they are the members of the Planning Board of Salem; and J. Hilary Rockett, trustee of Pickering Wharf Realty Trust . v issuance of a special permit by the planning board as the designated special permit granting authority and is directly appealable under G. L. c. 40A, § 17 . The flaw in the parties ' argument is that § 7 . 18 of the Salem zoning ordinance, entitled "Site plan review" does not designate the planning board as a special permit granting authority. The term "special permit" is wholly absent from the section and although the ordinance provides generally that the board shall conform to all requirements of procedure under G. L. c. 40A, it contains no specific reference to the special permit section, G. L. c. 40A, § 9, that might suggest the board is a special permit granting authority for site plan review. The fact that the planning board uses an application entitled "Site Plan Special Permit" and purports to issue a "special permit" carries no weight where it does not appear the board is authorized to do so by the ordinance. The Land Court, therefore, had no authority to hear the appeal under G. L. c. 40A, § 17 . See Osberg v. Planning Bd. of Sturbridge, 44 Mass . App. Ct . 56, 59-60 ( 1997) and Dufault v. Millennium Power Partners , L. P. , 49 Mass . App. Ct . 137 , 139 (2000) . We note that even if the Land Court had jurisdiction to hear the appeal, Harrington is not a "person aggrieved" as that term is used in G. L. c. 40A, § 17 . For the reasons stated in the appellees ' brief at 18-20, Harrington lacks standing to appeal 2 under § 17 . We find no support in the case law for Harrington' s assertion that diminution in value of commercial property as the result of projected business competition from a project gives rise to "person aggrieved" status or that Salem' s "Master Plan" and zoning ordinance authorizes the planning board to reject a site plan on the grounds of projected diminution in value of commercial property as the result of business competition. For this reason, if no other, Harrington' s due process claim fails as well . Judgment affirmed. By the Court (Laurence, Dreben & Trai JJ. ) , �S �i,{ *�C1 rk Entered: March 8, 2002 3 COMMONWEALTH OF MASSACHUSETTS _r APPEALS COURT CLERK'S OFFICE 1500 NEW COURT HOUSE BOSTON, MASSACHUSETTS 02108 (617) 725-8106 March 8, 2002 William J. Lundregan, III, Esquire 81 Washington Street, Suite 37 Salem, MA 01970 RE: No. 2000-P-0862 DOROTHY L. HARRINGTON, TRUSTEE VS. SALEM, CITY OF & PLANNING BD. OF & another NOTICE OF DOCKET ENTRY Please take note that on March 8, 2002 , the following entry was made on the docket of the above-referenced case: Decision: Rule 1 :28 (L D T) . Judgment affirmed. *Notice. (See image on file. ) Very truly yours, The Clerk' s Office Dated: March 8, 2002 To: Morris M. Goldings, Esquire William J. Lundregan, III, Esquire Paul L. Feldman, Esquire COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 00-P-0862 DOROTHY L. HARRINGTON, trustee,, VS . PLANNING BOARD OF SALEM & others . MEMORANDUM AND ORDER PURSUANT TO RULE 1 . 28 Dorothy Harrington, trustee of the Three Corners Realty Trust, appeals from a decision of the Land Court dismissing, for lack of subject matter jurisdiction, Harrington ' s appeal from the grant of site plan approval to Pickering Wharf Realty Trust by the Planning Board of Salem. Substantially for the reasons cited by the judge, we affirm. Both parties argue that the judge erred in dismissing the case because in Quincy v. Planning Bd. of Tewksbury, 39 Mass . App. Ct . 17, 19-22 ( 1995) , this court held that where the procedural framework of a city or town ' s zoning by-law designates the planning board as a special permit granting authority in relation to site plan special permit applications, approval of the site plan special permit application would still lead to the Trustee of the Three Corners Realty Trust . Walter B. Power, III, Charles M. Pulec, John C . Moustakis, Gene Collins, Kim Driscoll, L. Lee Harrington, Carter Vinson, David Weiner, and William R. Cullen, as they are the members of the Planning Board of Salem; and J. Hilary Rockett, trustee of Pickering Wharf Realty Trust . issuance of a special permit by the planning board as the designated special permit granting authority and is directly appealable under G. L. c. 40A, § 17 . The flaw in the parties' argument is that § 7 . 18 of the Salem zoning ordinance, entitled "Site plan review" does not designate the planning board as a special permit granting authority. The term "special permit" is wholly absent from the section and although the ordinance provides generally that the board shall conform to all requirements of procedure under G. L. c. 40A, it contains no specific reference to the special permit section, G. L. c. 40A, § 9, that might suggest the board is a special permit granting authority for site plan review. The fact that the planning board uses an application entitled "Site Plan Special Permit" and purports to issue a "special permit" carries no weight where it does not appear the board is authorized to do so by the ordinance . The Land Court, therefore, had no authority to hear the appeal under G. L. c. 40A, § 17 . See Osberg v. Planning Bd. of Sturbridge, 44 Mass . App. Ct . 56, 59-60 (1997 ) and Dufault v. Millennium Power Partners L. P. , 49 Mass . App. Ct . 137, 139 (2000) . We note that even if the Land Court had jurisdiction to hear the appeal, Harrington is not a "person aggrieved" as that term is used in G. L . c. 40A, § 17 . For the reasons stated in the appellees ' brief at 18-20, Harrington lacks standing to appeal 2 under § 17 . We find no support in the case law for Harrington' s assertion that diminution in value of commercial property as the result of projected business competition from a project gives rise to "person aggrieved" status or that Salem' s "Master Plan" and zoning ordinance authorizes the planning board to reject a site plan on the grounds of projected diminution in value of commercial property as the result of business competition. For this reason, if no other, Harrington ' s due process claim fails as well. Judgment affirmed. By the Court (Laurence, Dreben & Trai JJ. ) , ,yrr�S f�( �Sf*+CJ1r Entered: March 8, 2002 3 Cite of harem, A1a.5gatbuatt.5 Public Propertp Department jguilbing Mepartment ®ne Oalem Oreen (978) 745-9595(Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 21, 2000 Mahoney Hawkes & Goldings c/o Morris M. Goldings The Heritage on the Garden 75 Park Plaza Boston, Ma. 02116 RE: Harrington vs. Planning Board Land Case#258338 Dear Mr. Goldings: At this time a building permit application has not been submitted. It is this departments understanding that the developer is in the planning stage. I will do my best to try and remember to inform you when the actual permit application is obtained. Sincerely, iseter Strout Building Inspector i Massachusetts Department ofEnvironmental Projection Bureau of Resource Protection- Waterways Program iransmiaa- ika `J BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit Genera/Waterways Application See N Project Information instructions on page 1 before 1. Which permit category are you applying for? 7. Project/Activity description: completing R BRP WW 01 ❑ BRP WW 03 sections A-Dot Construct and, maintain ahotel/retail this form with associated parking and amenities 2. Applicant: see attached Pro_jec_t_Descr__i_ption___ Pickering Wharf Realty Trust Name c o Rockett Management and Realty 190 Pleasant Street MailingAddfess Marblehead, Ma 01945 S. Description of existing and/or proposed use(s): CJWOM state Lip Code (781) 631-3070 Existing use is office/manufacturing/ Telephone(home) pmrx J other (non-water dependant) , proposed 3. Authorized agent(if any): Mr. Paul Feldman, Esq. use to be hotel, office, retail (non- Davis, Malm & WARostine. P.C. water dependant) Name One Boston Place, 37th Floor Address 9. Is this project Boston, Ma 02108 ❑ water-dependent? Z nonwater-dependent? cogdxn state Zip Cade (617) 367-2500 Telephone 10. What is the approximate total cost of any proposed work (including materials&labor)? 4. Property information(all information must be provided): $6,000,000.00 Same as applicant Ov ername(If diNa2ntfrom applicant) 11. List the name and complete mailing address of each abutter (attach additional sheets,if necessary): Tax Assessor s Map and Parcel Numbe s 84 Wharf Street See Plans Location(sirexaddress) Salem, Essex County ------ CitvlTom County -- --- 5. Name of the water body: 12. "I have attached project plans in accordance with the South River instructions contained in...": Li Appendix A(for Permit applications) 6. The water body at the project site is: (check 1 or more of both a &b) x Appendix B(for License applications) a. m Tidal Z Filled Tidelands ❑ Great Pond Appendices A-B begin on page 6 of this Application ❑ River/Stream ❑ Uncertain Package. b. KI Natural ❑ Man-Made ❑ Uncertain Rev.2/97 Page 2 of 8 Pickering Wharf—Project Description We propose to construct a hotel/retail building complete with new landscaping, parking and walkways. The first floor will consist of the hotel lobby, a restaurant, lounge, coffee shop and retail space. We plan to have outside seating in front of the lounge and coffee shop. The new walkway and landscaping plan will provide the public direct access to the waterfront. New brick walkways surrounding the property will be rebuilt and made fully accessible. A ten (10) foot walkway will be built along the South River allowing the public access from Congress Street into Pickering Wharf and along the waterfront. This walkway, which will connect Congress Street with historic Derby Wharf will be well lit and where possible, seating and landscaping will be added. Additionally, the walkway in front of the hotel is adjacent to the tourist trail and will enable the public another, more direct, way to the waterfront. This project will create an inviting and vibrant waterfront, which will help revitalize the downtown and improve the quality of life for both the residents and the visitors of Salem. JUN-26-00 14 : 13 FROM : ID• 15067406726 PACE 2/2 •1= •• - �TaD1iE �T27}�PTi� �='D«�T1?�C k Jrc�el::n c Y^n ez. 350 cosruCrro� Co�oz, noCu �rx O f lit.: l"�Gl�Lr2 t� �EFArz co� . o� Gor.,G2��st /2&7z/?,y SrS . Pca;.ct!ocztioa: .. Svc w^ 5 s7�r�y /Goor2l e`��7�L W�_ � AS y� ARM r10fST12-ArroN y QET9l�- °9��qC� ON �"2oc� N0 �LOo2� t zcco zr r_ .;- th=S'u'edition yfxssz cs_.s Stz:=iuiia S Coc=,750 Cif SEC!ON lo/�e�2r ir^'i�z--}iz---d zlrof_zsio�zi (A'c;.i_.t tr,rby CE:cTi=Y thu i -zv.pccpzred or dir-_ettr strp^-�:sed the pr_pzr26on of ctrspr_-ptions znd sc�-r." :oas crc=-z�zo: ?� Ar ite��t ( } Sc2:c�•rzl ( j Mcci�:icxi �j t;.izc?•oj_ct . .o;i.e zbovc ed pcor.:zzd zt to the'rst o ny 4�owi-c c,such puns.co«.pe z icrs=d sx i � tori n t e z?pti '!c p vv'sions oc:itc Mzssesius=��S ;c 3-i:.:;ng Com..ail zee=blc regi r--�^>7 t•.�s=d 211 Z=ikzbiela+vsior;hzvw, p:oi=•:• 1 und_rs:and and AGREE ii:zt i s.,zll r-c-.Ilonassioazi sc vies to 1=L•TrlteT—i.ICie. Y- D:U'Zt 61'tint.'10 .rc zbovc z�tior_d potions o�:i:c irk p:oc—d in zc:ordzncz avid:z.c docu-encs zppro d r pc:nib Upon co:npiction ofthz Work, i Shalt Submit a Taal report zs to ttsc sztiscxcrory corcpktioa of tht work. Signature and Sea[ci r_gis: d p:acssionxt: + A*; DWARCy/ A i a TdaGC ConsTRucTion, Inc. Voice Postal Mail E-Mail 617-639-2290 Fax 190 Pleasant St., 71360.2634@ compuserve.com 617-639-7777 Telephone Marblehead, MA 01945 Compuserve: 71360, 2634 August 2,2000 Mr. Peter Strout Building Department One Salem Green Salem, MA 01970 Dear Mr. Strout: Enclosed herewith please find the original executed Construction Control Document for the Best Western Hotel project. Thank you. Sincerel , T. Michael Rockett Construction Management • General Contracting VILLAGE CONSTRUCTION, INC. 190 Pleasant Street " Marblehead, MA 01945 Tel (781)639-7777 Fax (781)639-2290 July 11, 2001 Peter Strout Building Commissioner City of Salem 121 Washington Street Salem, MA 01970 RE: Pickering Wharf Hotel Dear Peter: I am requesting the building permit to be renewed on this hotel project. I am sure you are aware of the delays in starting this project caused by the Hawthorne Hotel and Mr. Michael Harrington. We are hoping to take care of all these matters in a timely manner and be able to start the construction of this project soon. I have enclosed the existing permit and check. Please contact me when the renewed permit is ready and I will come and pick it up. Thank you for your attention to this matter. T. Michael Rockett cc: Stan Usovicz J. Hilary Rockett, Sr. 0225 DERBY STREET UHB 603-2001 GIs#: 1207 COMMONWEALTH OF MASSACHUSETTS Map: 34 Block: CITY OF SALEM Lot: 0446-804. Permit: Building Category: 213 New residential n BUILDING PERMIT ePermit# 603-2001 Project# 7S-2001-1022 Est.Cost: $4,000;000.00 Fee: $40,005.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor., License: Use Group: . Village Construction General Contractor-Salem#1571 Lot Size(sq.'ft.): 37595 , Owner: PICKERING WHARF REALTY TRUST Zoning: BS Applicant: Village Construction Units Gained: Units Lost: '. AT. 0225 DERBY STREET UHB ISSUED ON. 18-Ian-2001 EXPIRES ON: 1$-Jul-2001 TO PERFORM THE FOLLOWING.WORK. t� Construct Hotel per plans submitted.P.S. Call for Permit ¢o Occ u r . POST THIS CARD SO IT IIS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Final: Final: Rough Frame: Fireplace/Chimney: Gas Fire Department Board of Health Insulation: Rough: Oil: Final: Final: Smoke: Treasury: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLA N OF NY O ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2001-001148 21-Aug-00 1069 $40,005.00 GeoTMS®1998 Des Lauriers&Associates,Inc. 0225 DERBY STREET UHB 603-2001 GIs#: 1207 COMMONWEALTH OF MASSACHUSETTS Map: 34 Block: CITY OF SALEM Lot: 0446-804 Permit: 'Building( Category: 213 New residential n BUILDING PERMIT Permit# 603-2001 Project# IS-200]-1022 Est. Cost: $4,000,000.00 Fee: $40,005.00 " PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: _ Village Construction General Contractor- Salem#1571 Lot Srze(sq.ft.): 37595 Owner: PICKERING WHARF REALTY TRUST Zoning: B5 "'`4 Applicant: Village Construction Units Gained:, Units Lost: �, AT. 0225 DERBY STREET UHB ISSUED ON: 18-Jan-2001 EXPIRESON:18-Ian2002 TO PERFORM THE FOLLOWING WORK. Construct Hotel per plans submitted.P.S. 6 month extension 7/18/01 - 1/18/02 P.S. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: Meter: Footings: Foundation: Rough: Rough: House# Rough Frame: Final: Final: Fireplace/Chimney: Insulation: Gas Fire Department Board of Health Final: Rough: Oil: Treasury: Final: Smoke: Excavation: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2001-001148 21-Aug-00 1069 $40,005.00 GeoTMS®2001 Des Lauriers Municipal Solutions,Inc. I t { x 4 a �`.,t y zTr34�a —Quo 4 Z putY IP&M., 1 { Y 1 1 t �Kt tJ t IYj tY S 1 Ys �J MJi d ,Jy �y 1 t I I 7 any )� .�tLM ♦'i �f[ Tanis �,(�� S !. �a v � { .t � 4 {y wSe *pStOti}.M 31. Tl�° "" � it t ✓a�� .( x 4 4 .. it2 ,.:v1.i.�e1tM Pq u� rr ti+ e ,f YJd i} s 45x� axe ..y x+'zr. aM +.. Ai 11<�� 4� s,�♦r k.ea Kr I > ]F PY�n�n1 a i .},:+, m .:� 'i � 3 e iRxi "d iz ,-tw.ti rX� M yx•lA3 r3d7J$.'�Gc...r n`s�.�g�,—em4;�+t��wy.�'a":h e ?.6n� �� Y� hFA ( x/fTF Q•' try QK S * AJ 1 5 "i N .d R.'• }" q '�u1ir�^i�}Ifi zap mTw+ �•.'.Y '�xti�t A5)�j„ 1' +d" ,�.Y� Yw"ali.�$.��L+�+Tikv'Zz �n �k,m'ay. ,�y^G '= �C yxI Q A r fi w. i �p VILLAGE CONSTRUCTION,INC. 190 Pleasant Street Marblehead,MA 01945 Tel (781)639-7777 Fax (781)639-2290 COP July 11, 2001 Peter Strout Building Commissioner City of Salem 121 Washington Street Salem, MA 01970 RE: Pickering Wharf Hotel Dear Peter: I am requesting the building permit to be renewed on this hotel project. I am sure you are aware of the delays in starting this project caused by the Hawthorne Hotel and Mr. Michael Harrington. We are hoping to take care of all these matters in a timely manner and be able to start the construction of this project soon. I have enclosed the existing permit and check. Please contact me when the renewed permit is ready and I will come and pick it up. Thank you for your attention to this matter. Sincerely,, /�-, T. Michael Rockett cc: Stan Usovicz J. Hilary Rockett, Sr. f rDERBY STREET UHB 603-2001 1S#: 1207 COMMONWEALTH OF MASSACHUSETTS '- Map: 34 Block: CITY OF SALEM Lor. 0446-804 w Permit: Building Category: 213 New residential n BUILDING PERMIT Permit# 603-2001 '' Project# .- JS-2001-1022 Est.Cost: $4,000,000.00 Fee: $40,005.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use Group: Village Construction General Contractor-Salem#1571 Lot Size(sq.ft.): 37595 . Owner. PICKERING WHARF REALTY TRUST _ Zon Units Gained: BS UnitAppticant: VillageConstruction Units Lost: ' AT: 0225 DERBY STREET UHB ISSUED ON. 18-Jan-2001 EXPIRES ON: 18-Jul-2001 TO PERFORM THE FOLLOWING WORK. Construct Hotel per plans submitted. P.S. Call for Permit to OCC�.In POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Final: Final: Rough Frame: Fireplace/Chimney: Gas Fire Department Board of Health Insulation: Rough: Oil: Final: Final: Smoke: Treasury: THIS PERMIT MAY BE REVOKED BY THE CITY.OF SALEM UPON VIOLA N OF ANY (? ITS RULES AND REGULATIONS. J.i Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2001-001148 21-Auo-00 1069 $40,005.00 GeoTNISO 1998 Des Lauriers R Associates,Inc. VILLAGE CONSTRUCTION MA"LEHEAD, MA 01945 TeL (781) 639-7777 Fax (781) 693-2290 T. Michael Rockett August 31,2000 President Building Department One Salem Green Salem,MA 01970 Attn.: Peter Strout Re: Pickering Wharf Hotel Building Permit Application Dear Peter, Enclosed please find the application for a building permit and routing slip for the Pickering Wharf Hotel project. You will find that check is for the permit is not enclosed. Please call my office when the building permit is ready. At that time, I will present you with a check and pick up the permit. If you have any questions or concerns,please feel free to call me at the office. Thank you for your attention to this matter. Sincerely, ichael Rockett Massachusetts Department OfEnvironmenta/Protection Bureau of Resource Protection- Waterways Program hmn—smirrai—rla J BRP WW 01 Waterways license or Permit BRP WW 03 Amendment to Waterways License or Permit General Waterways Application Certification All applicants, property owners and authorized agents must sig7pAC3n e a plication correspondence may be Please type or signed by the authorized agent alone. print clearly all information provided on this form. "I hereby make application for a permit or license to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection 0dte and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of Inspection. PmXgOwne/ssigxtVa(Ydiflerem Nanapplican) "I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge," Date Agent's signature(i(applicable) Oate Waterways Dredging Addendum Trot applicable 1. Provide a description of the dredging project. 2. What is the purpose of the dredging? 3. What is the volume(cubic yards)of material to be dredged? 4. What method will be used to dredge? 5. Describe the disposal method that will be used and give the disposal location (include a separate disposal site location map): Rev.2197 Paqe 3 of 8 . 1 MAHONEY, HAWKES & GOLDINGS, LLP ATTORNEYS AND COUNSELLORS AT LAW - Morris M.Geldings Loyd M.Starrett William S. Hawkes March 9, 2000 Mark Peters Fmnees Allen Gershwin BY FEDERAL EXPRESS Bruce Winthrop Edmonds AIRBILL TRACKING NO. 815674641216 Jame,B.Cox Laurence M.Johnson Mr. Peter Strout Robert C.Cadle Building Inspector Daniel J.Goldberg One Salem Green Douglas L.Jones Salem, Massachusetts 01970 Brian W.LeClair Richard S Jacobs Keely J.Sullivan Re: Harrington v. Planning Board ay Land Court Case No. 258338 MMatthewA. Base Matthew P.zay Dear Mr. Strout: Alison J.Little Angela M.Co. I represent Ms. Dorothy L. Harrington, trustee of the Three Corners Realty Trust. She appealed to the Land Court from a Decision of the Planning Board of the - City of Salem dated July 29, 1999. (A copy of that Decision is attached hereto as Attachment#1.) On March 7, 2000, Judge Lombardi ruled in the above-captioned case, at p. 8 of this Order: While alleging it is aggrieved, Three Corners is premature in asserting a violation of a private property interest. Prior to the issuance of a building permit for the project,the site plan approval is not appealable. A copy of the Order is attached hereto as Attachment#2. Would you kindly inform me whether there is an application for a building permit pending, and if not, please do so when an application is filed. Also, if and when an application becomes pending, would you kindly notify me promptly if and when a building permit for the project in this case issues so that we may protect our rights to challenge and appeal the site plan approval. Very truly yours, is M. oldin MMG/55466/alf Attachments The Heritage on the Garden . 75 Park Plaza • Boston, Massachusetts 02116 Telephone: 617.457.3100 • Facsimile: 617.457.3125 ATTACffi�NT i `��CLEWS OFFICER �i# of %$al t, Mussarflusdis ' ` oars 1499 JUL 29 P IV OU (Om $ahem Green DECISION July 29, 1999 Pickering Wharf Realty Trust C/o Atty. Joseph Correnti Serafini, Serafini,Darling, & Correnti, LLP 63 Federal Street Salem,MA 01970 RE: Pickering Wharf Hotel,223-231 Derby Street and 23 Congress Street Site Plan Review and Wetlands and Flood Hazard District Special Permit On Thursday;June 17, 1999,the Planning Board of the City of Salem opened a Public Hearing regarding the application of Pickering Wharf Realty Trust under Site Plan Review and Wetlands--- and Flood Hazard District Special Permit for the construction of a five story hotel/retail building and a new single story bank building at 223-231 Derby Street and 23 Congress Street. In . addition,the plan shows a parking lot consisting of 83 vehicle spaces. The Public Hearing was continued to July 1, 1999,and closed on July 28, 1999. At a regularly scheduled meeting of the Planning Board held on July 28, 1999,the Board voted by a vote of seven(7) in favor,none opposed,to approve the application as complying with the requirements of Site Plan Review and the Wetlands and Flood Hazard District, subject to the following conditions: 1. Conformance with the Plan Work shall conform with the set of plans entitled,"Site Plan for Pickering Wharf Hotel& Retail Building—223-231 Derby Street and 23 Congress Street, Salem,MA", sheets 1-11, prepared by Patrowicz, Land Development Engineering,dated May 26, 1999. 2. Amendments Any amendments to the site plan shall be reviewed by the City Planner and if deemed necessary by the City.Planner,shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. 3. Landscaping a. All landscaping shall be done in accordance with the approved set of plans. b. Trees shall be a minimum of 3 '/2"caliper. Pickering Wharf Hotel July 29, 1999-2 c. Maintenance of landscape vegetation shall be the responsibility of the developer, his successors or assigns. d. Additional landscaping shall be planted adjacent to the rear of the building. A final landscaping plan for this area shall be approved by the City Planner. e. All attempts shall be made to save the trees located on the site prior to construction, excluding the trees located at the proposed curb cut on Congress Street adjacent to the bank building,the curb cut proposed on Derby Street, and the proposed loading dock curb cut on Derby Street. f. After such landscaping is completed,the developer will add further landscaping if such is requested by Planning Board or the City Planner. g. A four foot high black wrought iron style fence shall be constructed around the perimeter of the property;excluding the rear property line. The final design of the fence shall be approved by the City Planner. 4. Signage a. Proposed signage shall be reviewed and approved by the City Planner and the Sign Review Committee. 5. Lighting a. Ornamental lighting shall be installed on the site, which is in keeping with the-standard City of Salem lighting located on Derby Street. b. No light shall cast a glare onto adjacent parcels or adjacent rights of way. c. A final lighting plan shall be submitted to the City Planner for review and approval prior to the issuance of a building permit. d. After installation,lighting shall be reviewed by the City Planner,prior to the issuance of a Certificate of Occupancy. 6..: Construction Practices All construction shall be carried out in accordance with the following conditions: a. Work shall not be conducted between the hours of 5:00 PM and 8:00 AM the following day on weekdays or at any time on Sundays or Holidays. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. c. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. L/ Pickering Wharf Hotel July 29, 1999-3 s There shall be no drilling or blasting on Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance with all local and state regulations. d. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site. e. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules,regulations and ordinances of the City of Salem. f. All construction vehicles left overnight at the site,must be located completely on the site. 7. Clerk of the Works A Clerk of the Works shall be provided by the City, at the applicant, his successors or assigns' expense, as is deemed necessary by the City Planner. 8. Board of Health All Board of Health requirements as specified in the attached decision dated July 15, 1999, shall be strictly adhered to. 9. Fire Department All work shall comply with the requirements of the Salem Fire Department. . 10. Conservation Commission All work shall comply with the Order of Conditions issued by the Salem Conservation Commission. 11. Building Inspector All work shall comply with the requirements of the Salem Building Inspector. 12. Utilities a. Utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. b. Drainage shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. . 13. Conference Center The City of Salem Planning Board endorses the concept of the Conference Center proposed to be constructed on the site as part of the site master plan. The applicant agrees to file plans for Site Plan Review of the Conference Center within three(3)years of the completion of construction of the hotel. 14. Exterior Elevations a. Building elevations shall be similar to the elevation sketch dated July 29, 1999,with the exception of the projecting entry tower. The projecting entry tower shall be reduced to Pickering wnartHotel July 29, 1999-4 extend approximately 10 feet A revised elevation sketch shall be submitted to the Planning Department. b. Final elevations,brick type,and other building materials shall be reviewed and approved in writing by the City Planner prior to the issuance of a Building Permit. 15.Traffic Mitigation The developer,his successors,or assigns agrees to contribute$10,000 to a downtown corridor traffic study to be conducted through the City of Salem. The contribution made by the developer,his successors,or assigns shall coincide with the City of Salem receiving confirmation of funding for the study. 16. Maintenance a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the developer,his successors or assigns. b. Winter snow in excess of snow storage areas on the site shall be removed off site. c. Maintenance of all landscaping shall be the responsibility of the applicant,his successors or assigns. The applicant,his successors or assigns, shall guarantee all trees and shrubs for a two-(2)year period. 17. As-built Plans As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Planning Department and Engineering Department prior to the issuance of the final Certificate of Occupancy. - 18. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering. Walter B Power, III Chairman A TRUE CONY ATTEST CITY CLERK SALEM, MASS. ATTACHMENT 2 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 258338 DOROTHY L. HARRINGTON, AS SHE IS ) TRUSTEE OF THE THREE CORNERS ) REALTY TRUST, ) Plaintiff ) V. ) WALTER B.POWER, III, AS HE IS ) CHAIRMAN AND CHARLES M. PULED, ) JOHN C. MOUSTAKIS, GENE COLLINS, ) KIM DRISCOLL, L. LEE HARRINGTON, ) CARTER VINSON, DAVID WEINER, AND ) WILLIAM R. CULLEN, AS THEY ARE ) MEMBERS OF THE PLANNING BOARD ) OF THE CITY OF SALEM;THE CITY OF ) SALEM; AND J. HILARY ROCKETT, AS ) HE IS TRUSTEE OF PICKERING WHARF ) REALTY TRUST, ) Defendants ) ) ORDER ALLOWING MOTION TO DISMISS On August 17, 1999, Dorothy L. Harrington, trustee of the Three Comers Realty Trust(Three Comers), commenced the instant action by filing an unverified complaint against the members of the Planning Board of the City of Salem(planning board),the City oESaiem(Salem), and J.Hilary Rockett,trustee of Pickering Wharf Realty Trust(Pickering).' The complaint contains 'As originally filed,Three Comers brought the action with co-plaintiffs Donald J. Michaud and Mary G. Michaud, trustees of the Mi-ske Realty and Investment Trust(collectively, Michauds). On January 24,2100, the parties filed a stipulation dismissing all Claims asserted by the Michauds with prejudice. two counts. Count I appeals a decision of the planning board as a special permit granting authority granting a special permit to Pickering. Count II alleges the actions of the planning board denied Three Comers due process in violation of Article XII of the Declaration of Rights of the Constitution of the Commonwealth of Massachusetts as well as the Fifth and Fourteenth Amendments to the United States Constitution. The planning board and Salem answered the complaint on September 7, 1999. Pickering filed on September 27, 1999, the following pleadings: Motion of Defendant J.Hilary Rockett,as he is Trustee of Pickering Wharf Realty Trust,Pursuant to Mass.R. Civ. P. 12 (b) (1), to Dismiss the Complaint on the Grounds that Plaintiffs are not "Aggrieved Persons"under G. L. c. 40A, § 17 (first motion);Motion of Defendant J. Hilary Rockett, as he is Trustee of Pickering Wharf Realty Trust, Pursuant to Mass. R. Civ. P. 12 (b) (6), to Dismiss the Complaint for Failure to State a Claim Upon Which ReliefCan Be Granted(second motion);Motion of Defendant J. Hilary Rockett, as he is Trustee of Pickering Wharf Realty Trust, for Dismissal of the Complaint and for Sanctions Against Plaintiffs'Counsel for Violation of Mass.R.Civ.P. I I (a) (third motion)(collectively, three motions). In support of the three motions,Pickering submitted a memorandum. Salem and the planning board filed on December 20, 1999, a response to the three motions in which they stated"[fla support hereof these defendants join and adopt the arguments set out in the 'Memorandum of Law in Support of[the three m]otions of Defendant J. Hilary Rockett, as he is Trustee of Pickering Wharf Realty Trust . . ..... On January 13, 2000, Three Comers submitted Plaintiff's Motion to Amend Complaint to Include Updated Version of the Lodging Market Analysis Prepared by the Pinnacle Advisory Group (motion to amend)r and Plaintiffs 2 A of this date,Three Corners has not marked the motion to amend for hearing. 2 Memorandum of Law in Opposition to Defendants' Motion to Dismiss (opposition). This court(Lombardi,J.)heard the oral argument of Three Corners and Pickering on the three motions on January 25, 2000. At the conclusion of the hearing, this court requested that Three Comers and Pickering submit further briefs on certain jurisdictional questions. On February 8, 2000, Three Comers and Pickering filed their memoranda. This court finds the following facts are without substantial controversy: I. Three Comers is a duly organized Massachusetts realty trust established under a declaration of trust dated December 30, 1985, and recorded in Essex Southern District Registry of Deeds book 815, at page 380. Three Comers owns the property known as the Hawthorn Hotel (Hotel)located on the Salem Common at 18 Washington Square West. 2. Pickering owns a certain parcel of real estate located at 223-231 Derby Street and 23 Congress Street(locus). 3. The Hotel is located approximately 800 feet from locus. 4. On May 27, 1999, Pickering filed an application with the planning board under Section 7-18 of the City of Salem Zoning Ordinance (Ordinance) for site plan review and under Section 7-16 for a special permit under the Wetlands and Flood Hazard District(application).` 5. In pertinent part, Section 7-18 (a) provides "no structure or premises exceeding ten thousand (10,000) square feet in nonresidential gross building area . . . shall be constructed . . . . except in accordance with a site plan submitted to and approved by the planning 3Unless otherwise stated, "Section"means a section of the Ordinance. 'Although the letter serving as the application contained the caption"Application for Site Plan Review and Wetlands and Flood Hazard District Special Permits,"the first sentence of the letter stated that Pickering was applying for site plan review and one special permit under Section 7-16. 3 board in accordance with the request of this section." 6. Section 7-18(f)states"[i]n exercising its jurisdiction,the planning board shall conform to all requirements of procedure applicable under the Massachusetts General Laws,Chapter 40A, as amended, and the [Ordinance]." 7. After demolishing certain retail and marina buildings,Pickering proposes to construct on locus,as Phase 1,a five-story hotel building including retail space and a one-story bank building(project).' 8. Locus is situated in the Central Business District (B-5 District) under the Ordinance. Section 5-2 (g)permits hotels,banks, and certain retail uses in the B-5 District.' 9. On June 17, 1999,July 1, 1999,and July 28, 1999,the Board held a public hearings concerning the application. 10. In a letter to the planning board chairman dated July 1, 1999, the Hotel communicated its opposition to the application. The following are excerpts from the letter. "I am writing to you . . . to share with . . . your membership my growing concern relative to the viability and credibility of the [application]. . . . The [application] calling for 100 rooms is 50'/0 larger in scale than that recommended by the City's consultant, Landauer Group in December, 1997, and 66 2/3% larger than the recommendation made to the owners of the . . . Hotel in January of that same year. The number of available rooms has increased in the context of the Landauer Group's defined market area (Salem/Beverty/Peabody/Danvers) by over 55%. . . . My concern having spent the better part of thirteen years through good times and bad,in an effort to make the . . . Hotel a viable and contributive entity within the City of Salem, is not to have the market become over-built as a result of a public subsidy. This condition could adversely affect all concerned,including the City.For should the economic cycle change,the potential exists under present circumstances to place not only the existing hotel property . . .but potentially both properties in financial STlte application did not include Phase 2,the development of a conference center and a marina, and is not part of the instant action. 'rhree Comers does not dispute the fact that each of the project uses is allowed on an as of right basis in the B-5 District. 4 jeopardy" It. Three Comers appeared through counsel before the planning board on July 28, 1999,opposing the application primarily on the grounds the evidence before the planning board with respect to the ability of the local economy to support a hotel of the size proposed by the application demonstrated the addition of such a hotel in the Salem market would likely cause the Three Comers' property to suffer a significant diminution in value.' 12. On July 29, 1999,the Board filed its decision(1999 decision)with the Salem City Clerk. The Board approved the application subject to eighteen conditions"as complying with the requirements of Site Plan Review and the Wetlands and Flood Hazard District."s 13. Pickering has not yet obtained a building permit for the project f f f f f In the instant action,Pickering filed a single application to the planning board seeking two determinations under the Ordinance. The first was whether the planning board would give its approval under site plan review. The second was whether the planning board would grant a special permit for a use within the Wetlands and Flood Hazard District. The planning board issued a single decision approving each aspect of the application. Although only one document,the 1999 decision pertained to discrete zoning procedures and actions by the planning board. 'Except for certain non-substantive changes, finding 1'1 recites the allegations of paragraph twenty of the complaint. $As set forth in the 1999 decision,the Board entitled the paragraphs containing the conditions as follows: Conformance with the Plan,Amendments, Landscaping,Signage, Lighting,Construction Practices, Clerk of the Works,Board of Health,Fire Department, Conservation Commission,Building Inspector,Utilities,Conference Center,Exterior Elevations, Traffic Mitigation,Maintenance,As-built Plans,and Violations. In the section on the Conference Center,the Board stated Pickering agreed to file plans for site plan review within three years of the completion of the hotel construction. 5 The first paragraph of the 1999 decision indicated the planning board opened the hearing on the application under site plan review and under the procedures for a special permit. The planning board stated it voted to approve the application with conditions. In referring to the special permit in the last paragraph of the 1999 decision,the board did not imply such permit was anything other than one granted pursuant to Section 7-16. None of those statements nor any other portion of the 1999 decision transformed site plan review into a special permit process. The planning board considered the application as containing separate components. This court will consider the three motions from the perspective of the special permit being separate from site plan review. 1. Wetlands Special Permit Only a"person aggrieved"may challenge a decision of a zoning board of appeals or special permit granting authority under G. L. c. 40A, § 17. See Watros v. Greater Lynn Mental Health and Retardation Ass'n. Inc., 421 Mass. 106, 107 (1995). "`Aggrieved person' status is a jurisdictional prerequisite. Unless brought by a municipal officer or board,a court has jurisdiction to consider a zoning appeal only if it is taken by an aggrieved person." Barvenik v. Board of Alderman of Newton 33 Mass. App. Ct. 129, 131 (1992). Three Comers is not a party in interest and thus does not have the benefit of a presumption of standing. Of the twenty-eight paragraphs of the complaint,not a single allegation concerns the issuance of the special permit under Section 7-16(wetlands special permit). Similarly, Three Comers has not addressed the wetlands special permit in the opposition. The record is devoid of any demonstration by Three Comers that the grant of the wetlands special permit will impact any interest cognizable under the Ordinance or otherwise protected by zoning laws. A party attempting to acquire standing must"assert[]a plausible claim of a definite 6 violation of a private right, a private property interest,or a private legal interest." Harvard Square Defense Fund. Inc. v. Planning Bd. of Cambridge, 27 Mass. App. Ct. 491, 493, further appellate review denied, 405 Mass. 1204 (1989). Regarding the wetlands special permit, Three Comers "failed to offer any evidence to `establish—by direct facts and not by speculative personal opinion —that [its] injury is special and different from the concerns of the rest of the community."'Bell v. Zoning Bd.of Appeals of Gloucester.429 Mass.551,554(1999),quoting Barvenik.33 Mass.App. Ct. at 132. Accordingly,the first motion is allowed as to the wetlands special permit. H. Site Plan Review In considering the arguments of the parties,this court must begin with a review of the law on site plan review. "Although site plan review is not expressly recognized in our statutes as an independent method of regulation,some communities have introduced it into their zoning by- law as a means of controlling the aesthetics and environmental impacts of land use." Osberg v. Planning Bd. of Sturbridge 44 Mass. App. Ct. 56, 57 (1997). "[S]ite plan review has to do with regulation of permitted uses, not their prohibition, as would be the case with a special permit or a variance." Bowen v. Board of Appeals of Franklin. 36 Mass. App. Ct. 954, 955 (1994). The Osberg court stated that the trial judge"correctly determined that 'a planning board conducting a site plan review in connection with a use permitted as of right is not a special permit granting authority within the meaning of[G. L. c.40A]."' 44 Mass. App. Ct. at 58. "Even if the procedure provision of the by-law dealing with site plan review may be construed as permitting the planning board to act as a special permit granting authority, the planning board has not purported to issue site.plan special permits. Moreover,the by-law,by utilizing separate chapters,clearly differentiates between processing of applications for site plan review and applications for special permits." Id. at 59(emphasis in original). 7 Similar to the facts of Osberg,the Ordinance contains one section for obtaining site plan review(Section 7-18)and several others pertaining to special permits(e.g.,Sections 7-14,7-15, 7-16, 7-17). The mere fact that Section 7-18 (0 states that the planning board must conform to all requirements of procedure applicable under G. L. c. 40A, § 9, does not result in a site plan review decision of the planning board being appealable as an action of a special permit granting authority. Recently,the Supreme Judicial Court discussed the nature of site plan review in the context of the Boston Zoning Code. "An approval after site plan review, when required in connection with the issuance of a building permit,is not a final action,but only a prerequisite to the grant of the permit." St.Botolph Citizens Comm..Inc.v.Boston Redevelopment Auth 429 Mass. 1, 9 (1999). Furthermore, the Court stated the Appeals Court was correct in its earlier decisions holding"that the right of an aggrieved person to appeal a local planning board's site plan review. decision arises only when the building permit for the proposed project is issued or denied by the building inspector." Id. The pleadings and arguments of Three Comers pertain only to the planning board's approval of site plan review. While alleging it is aggrieved,Three Comers is premature in asserting a violation of a private property interest. Prior to the issuance of a building permit for the project, the site plan approval is not appealable.' In considering this issue, other trial courts have consistently held that there exists no right to appeal a site plan approval of an as of right project under either G. L. c. 40A, § 8, or G. L. c. 40A, § 17. See Spruce Pond Village Ass'n. Inc. v. LaLiberte,Civil No. 96-2451 (Norfolk Super.Ct- Aug. 12, 1997);Liberty Commons Realty Trust v.Guree.Civil No.96-0024C(Worcester Super.Ct. Oct.4, 1996);Doe v.Cross Point Realty Trust. ¢Phis court does not reach the question whether Three Comers would be a"person aggrieved"should it appeal the issuance of a building permit for the project. 8 4 LCR 279, 283-284 (1996). In the case at bar, this court does not have jurisdiction to review the actions of the planning board in approving the site plan for the project. Both Three Comers and Pickering argue otherwise. It is a well-settled principal of law that parties cannot confer subject matter jurisdiction on a court,by agreement or conduct,where it does not otherwise exist, nor can the parties waive a jurisdictional issue. See Litton v. Business Sys. Inc.v. Commissioner of Revenue.383 Mass. 619, 622 (1981). See also J. W. Smith& H. B. Zobel, Rules Practice § 12.8 (1974 & Supp. 2000) Consequently, the fust motion is allowed as to that portion of the 1999 decision pertaining to site plan review as this court lacks subject matter jurisdiction. III. Rule 11 Motion Although it marked the third motion for hearing,Pickering did not pursue this motion at oral argument. This court denies the third motion based upon the pleadings and the oral argument of counsel concerning the underlying issues of this litigation. Having ruled on the first motion and third motion, this court considers the second motion moot. The complaint is hereby dismissed. So ordered. By the Court. (Lombardi,J.) Attest: Charles W. Trombly,Jr. Recorder Dated: March 7, 2000 AMWCOPY ,A�TtEIiTFECOp Uu� w E 9 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 258338 DOROTHY L. HARRINGTON, AS SHE IS , ) TRUSTEE OF THE THREE CORNERS ) REALTY TRUST, ) Plaintiff ) V. ) WALTER B. POWER,III, AS HE IS ) CHAIRMAN AND CHARLES M. PULED, ) JOHN C. MOUSTAKIS,GENE COLLINS, ) KIM DRISCOLL, L. LEE HARRINGTON, ) CARTER VINSON,DAVID WEINER, AND ) WILLIAM R. CULLEN, AS THEY ARE ) MEMBERS OF THE PLANNING BOARD ) OF THE CITY OF SALEM; THE CITY OF ) SALEM; AND J. HILARY ROCKETT, AS ) HE IS TRUSTEE OF PICKERING WHARF ) REALTY TRUST, ) Defendants ) JUDGMENT OF DISMISSAL This action came to be heard on the three motions filed by J. Hilary Rockett, trustee of Pickering Wharf Realty Trust(Pickering).' Pursuant to Mass. R. Civ. P. 12 (b)(1) and 'The three motions filed by Pickering included: Motion of Defendant J. Hilary Rockett, as he is Trustee of Pickering Wharf Realty Trust,Pursuant to Mass. R Civ. P. 12(b)(1),to Dismiss the Complaint on the Grounds that Plaintiffs are not"Aggrieved Persons"under G. L. c. 40A, § 17;Motion of Defendant J. Hilary Rockett,as he is Trustee of Pickering Wharf Realty Trust, Pursuant to Mass. R Civ. P. 12(b)(6),to Dismiss the Complaint for Failure to State a Claim Upon Which Relief Can Be Granted; Motion of Defendant J. Hilary Rockett, as he is Trustee of Pickering Wharf Realty Trust, for Dismissal of the Complaint and for Sanctions Mass. R. Civ. P. 12 (b)(6), an order was entered this day. In accordance with that order, it is hereby ORDERED and ADJUDGED that Dorothy L. Harrington, trustee of the Three Comers Realty Trust (Three Comers), lacks standing as an"aggrieved person" to challenge the decision of the Planning Board of the City of Salem filed with the Salem City Cleric on July 29, 1999 (1999 decision), which granted Three Comers' application for a special permit under Section 7-16 of the City of Salem Zoning Ordinance(Ordinance); and it is fitrther ORDERED and ADJUDGED that this Court lacks subject matter jurisdiction to hear the portion of the instant action pertaining to site plan review under Section 7-18 of the Ordinance; and it is further ORDERED and ADJUDGED that the complaint in this action is hereby dismissed. By the Court. (Lombardi,J.) Attest: Charles W. Trombly, Jr. Recorder Dated: March 7, 2000 ATRWCOPY ATTEST RECORDER Against Plaintiffs' Counsel for Violation of Mass. R. Civ. P. 11 (a). 2 ac - CITY 1r416 OF SALEM ROUTING SLIP CHECKED DEPARTMENTS ARE SIGNATURES REQUIRED FOR BUILDING PERMIT LOCATION DATE: APPLICANT : ❑ CITY CLERK(if involving new street) DEBBIE BURKINS_HAW DATE: ❑ ASSESSORSP 3/ �i1 aF FRANK KULIK DATE : ❑ PUBLIC SERVICES (Engineering Dept STAN BORNSTEIN DATE: ❑ WATER HELEN JIADO v DATE: ❑ PLANNING liV v DENISE SULLIVAN DATE: ❑ CONSERVATION CO SIO I D t) DATE: !�bv�lacxb ❑ ELECTRICAL PAUL TUTTLE ' DATE:-. 00 ❑ FIRE PREVE N INSP. LAT PE Nod- DATE: Z110/dD ❑ HEALTH E-/Q- 00 JOANNE SCOTT w DATE: o OTHER: DATE: SUBMIT WITH BUILDING APPLICATION WHEN COMPLETED BUILDING DEPARTMENT ONE SALEM GREEN 2"FLOOR SALEM MASSACHUSETTS 01970 Cite of fpalem, 0a5.�aurbuatt5 a Planning 38uarb One 6aletn green August 28, 2000 Peter Strout Building Commissioner Salem Public Properties One Salem Green Salem, MA 01970 RE: Pickering Wharf Hotel, 23 Congress Street Dear Mr. Strout: The attached routing slip has been approved by the Planning Board with the following condition: "Any work associated with the fagade and/or the exterior materials of the structure cannot commence prior to the Planning Board's approval of the final elevations" Following the Board's approval of the final elevations,I will provide a confirmation of the decision to the Building Inspector. Please contact me at extension 309 if you have any questions. Sincerely,,- GAJ1 �J Denise Sullivan Assistant City Planner One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext. 311 Fax (978) 740-0404 VAo S CONSTRUCTION CONTROL DOCUMENT Project Title: Pickering Wharf Hotel & Suites Date: January 19, 2001 Best Western Project Location: Pickering Wharf, corner of Congress and Derby Streets Salem, Massachusetts Scope of Project: New five story 98 room hotel with required lobby, administration and retail space on ground floor In accordance with the sixth edition Massachusetts State Building Code, 780 CMR SECTION 116.0: 1 Alfred M. Marzullo Massachusetts registration number: 40660E being a register ed professional engineer hereby CERTIFY that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: X Entire Project Architectural Structural X Fire Protection X Electrical X Mechanical for the above named project and that to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and all applicable laws for the proposed project. Furthermore, I understand and AGREE that I shall perform the necessary professional services to determine that the above mentioned portions of the work proceed in accordance with the documents approved for the building permit. Upon completion of the work, I shall submit a final report as to the satisfacto completion of the above mentioned portion of the work. ��tN OF A7Assgcy Signature and Seal of registered professional: o ALFRED M. m o MARZULLO No.40660E Z�" 4t�ag6ll GROUP ONE INCORPORATED A9o�ss0",��`� 21 West Third Street Boston, Massachusetts 02127 617.268.7000 FAX 617.268.0209 www.GroupOneinc.com BEST WESTERN PICKERING WHARF SALEM, MASS. DRAFT June 26, 2000 .FIRE PROTECTION SYSTEMS NARRATIVE SECTION i BUILDING DESCRIPTION A. Five-story Hotel Type RI, B, M& A3 occupancy B. Total Building Area— . 70,152 SF C. Building Height - 5 Stories 57'-4" D. No Basement E. 5 Stories above grade F. 1. First Floor—Assembly, Business, and Mercantile Type A3, B &M Occupancy - 16,439 SF 2 Second Floor - Assembly, Business&Hotel Type A3, B &RI Occupancy 14,230 SF 3. Third Floor—Hotel Type RI Occupancy 13,161 SF 4. Fourth Floor—Hotel Type RI Occupancy 13,161 SF 5. Fifth Floor—Hotel Type RI Occupancy 13,161 SF G. Occupancies First Floor: Assembly, Business and Mercantile Types A3, B &M Occupancy. Second Floor: Assembly, Business&Hotel Types A3, B &RI Occupancy. Third through Fifth Floors: Hotel type RI Occupancy. H. Construction Type 2A Protected Non Combustible 1. 1.5 HR Rated Floors required 2 HR Floors Provided 2. 2 HR Rated Bearing Walls required 2HR Walls Provided 3. 21-Ir Rated Separation Between Assembly A3 &RI use, 2 HR Separation Provided. FIRE PROTECTION SYSTEMS NARRATIVE PAGE 1 BEST WESTERN PICKERING WHARF SALEM, MASS. I. No Hazardous Materials J. No High Storage K. Fire Department Access to Entire Perimeter of Building SECTION 2 STANDARDS A. Sprinkler Systems-NFPA 13 B. Standpipes-NFPA 14 Except Residual Pressure of 100 PSI not Maintained C. Fire Alarm-NFPA 70, 73 D. Electrical Work-Mass Electrical Code E. Building-Mass Building Code F. Plumbing Work-Mass Plumbing Code SECTION 3 SPRINKLER DESIGN RESPONSIBIITY A. Design Responsibility- Type B 1. Group One has provided a partial design and has specified the design criteria to be used by the installing contractor who will finalize the system layout, provide calculations to confirm design criteria. A. M. Marzullo, PE will review and approve the installing contractors final layout and calculations. A. M. Marzullo, PE shall be considered the Engineer of Record and will certify system installation for code compliance at completion. SECTION 4 FIRE PROTECTION SYSTEMS TO BE INSTALLED A. 6" Water main from street to building. B. Automatic Sprinkler System 1. Automatic Sprinkler system shall be zoned. a. The first through Second floors will each have two zones b. The Third through Fifth floors will each have one zone. FIRE PROTECTION SYSTEMS NARRATIVE PAGE2 BEST WESTERN PICKERING WHARF SALEM MASS. C. Standpipe System Two-4" Standpipes D. Fire Alarm System 1. System Sensors: a. Guest Rooms- Individual combination smoke detector with built-in sounder. When Guest Room Smoke Detector senses smoke it will sound horn(88 dbs @ 10 ft.) and signal front desk Fire Command Center of the alarm condition in the Guest Room. Front desk personnel will then call the Guest Room if occupied and determine if a General Alarm is warranted. If the Guest Room is unoccupied or there is no answer to the telephone front desk personnel will pull the Manual Station at the Fire Command Center sounding a General Alarm. b. Common Area Smoke Detectors- Common Area Addressable Smoke Detectors will sound a General Alarm when activated. Each smoke detector will have a separate address. The Laundry will have one address. C. Manual Pull Stations- All Manual Pull Stations will sound a General Alarm. All Manual Pull Stations are addressable and will have a separate address. d. Heat Detectors -Heat Detectors in the Laundry will sound a General Alarm via interconnection with Laundry smoke detectors. e. Duct Smoke Detector-Duct Smoke Detectors shall sound the General Alarm. 2. Sprinkler System Interface: a. Sprinkler System is zoned by floor with flow and tamper switches. b. Head End of Sprinkler Standpipe System-Main floor and standpipes are one zone. All tamper switches in the Water Service Room are one zone. FIRE PROTECTION SYSTEMS NARRATIVE PAGE BEST WESTERN PICKERING WHARF SALEM, MASS. E. AUTOMATIC FIRE EXTINGUISHING SYSTEMS Restaurant Kitchen Hood to have Ansul System>Details to be submitted when available. F. MANUAL SUPRESSION SYSTEMS Manual fire extinguishers shall be provided. G. SMOKE CONTROL None H. KITCHEN Restaurant Kitchen Specifications are to be determined at a later time. 1. EMERGENCY POWER Emergency Lighting&Power Shall be from Rechargeable Batteries J. ELEVATOR RECALL Elevators will be recalled to Main Floor except elevators will go to Second floor if fire is on Main Floor. Elevator Power will be Locked out if fire is in Elec room or Elevator Room Heat Detectors in Shall Shut Trip Elevator Power after Elevator has Recall Has been Accomplished. SECTION 5 FIRE PREVENTION PROCEDURES DURING CONSTRUCTION See Village Construction Inc. Letter for Fire Prevention Procedures during Construction. Standpipes shall be activated as soon as possible FIRE PROTECTION SYSTEMS NARRATIVE PAGE 4 BEST WESTERN PICKERING WHARF SALEM, MASS. SECTION 6 SEQUENCE OF OPERATIONS A. Building Occupant Notification and Evacuation Procedures L The General Building Alarm will sound a. All horns in Guest Rooms, which will be more than 70 dbs at the pillow, and wake up all hearing occupants. b. Energize the strobe lights and wake up hearing impaired occupants. C. Corridor speakers sound a constant tone. 2. Elevators will be recalled to Main Floor except elevators will go to Second floor if fire is on Main Floor. Elevator Power wiil be Locked out if fire is in Elec room or Elevator Room B. Upon arrival of the Fire Department,the Officer in Charge will have the option of. I. Continuing tone and Guest Room horns. 2. Silencing tone and guest rooms horns and issuing voice instructions via microphone and voice alarm speakers in the corridors. C. The Officer In Charge will have two way communication with Handicap Occupants on the upper floors via the Area Of Refuge Call System SECTION 7 SYSTEM COMMNIISSIONING The Contractor shall Pre-testing: Upon completing installation of the system,align,adjust,and balance the system and perform complete pre-testing. Determine,through pre-testing,the conformance of the system to the requirements of the Drawings and Specifications. Correct deficiencies observed in pre-testing. Replace malfunctioning or damaged items with new and retest until satisfactory performance and conditions are achieved. Prepare forms for systematic recording of acceptance test results. Report of Pre-testing: After pre-testing is complete,provide a letter certifying the installation is complete and fully operable, including the names and titles of the witnesses to the preliminary tests. FIRE PROTECTION SYSTEMS NARRATIVE PAGES BEST WESTERN PICKERING WHARF SALEM, MASS. Final Test Notice: Provide a l0-day minimum notice in writing when the system is ready for final acceptance testing. to both the Engineer and the Fire Department. Minimum System Tests: Test the system according to the procedures outlined in NFPA 72. Minimum required tests are as follows: Verify the absence of unwanted voltages between circuit conductors and ground. Megger test all conductors other than those intentionally and permanently grounded with electronic components disconnected. Test for resistance to ground. Report readings less than I megohm for evaluation. Test all conductors for short circuits utilizing an insulation-testing device. With each circuit pair,short circuit at the far end of the circuit and measure the circuit resistance with an ohmmeter. Record the circuit resistance of each circuit on the record drawings. Verify the control unit is in the normal condition as detailed in the manufacturer's operating and maintenance manual. Test initiating,notification, and signaling circuits for proper signal transmission under open circuit conditions. One connection each should be opened at not less than 10 percent of the initiating and notification devices. Observe proper signal transmission according to class of wiring used. Test each initiating device and notification appliance for alarm operation and proper response at the control unit. Test smoke detectors with actual products of combustion. Measure and record the actual current draw of each Notification Appliance Circuit. Test the system for all specified functions according to the manufacturer's operating and maintenance manual. Systematically initiate specified functional performance items at each station including making all possible alar and monitoring initiations and using all communications options.For each item,observe related performance at all devices required to be affected by the item under all system sequences. Observe indicating lights,displays, signal tones, and annunciator indications. Test both primary power and secondary power.Verify,by test,the secondary power system is capable of operating the system for the period and in the manner specified. Retesting: Correct deficiencies indicated by tests and completely retest work affected by such deficiencies.Verify by the system test that the total system meets the Specifications and complies with applicable standards. Report of Tests and Inspections: Provide a written record of inspections,tests,and detailed test results in the for of a test log. Submit log upon the satisfactory completion of tests. FIRE PROTECTION SYSTEMS NARRATIVE PAGE 08/19/1999 13:00 9787409846 SALEM SLD DEPT PAGE 01 Lipp Df �al�em, fi�[a�5at�ll�Et�� Fub(ic �irapettp -1;p>aartmrnt �guilbing ;AYpaTtmritt ent tealtm®rrrn (973) 743.9596 Cxt, 350 CONSTRUCTION CONTROL DOCUMENT Project Title: projtctLocadon: Scope or project: Gl7>< r✓el�/ //—jiew �/�ST�"u�/On o7C -�i✓e Sfo✓ �1C7fil Gv% i fA�YI�I�`�i 5 a"►�� . In accordance wirh the ss xth edition Mzsszt:hUsttts Stats Building Codt,780 CMR SECTION 116.0: t -///N- �U _ Mass.Registration Number being a r_gister_d professional Enginecr/Architect hereby CERTIFY that I 'nave prepared or directly supervised tilt preparation of all phuu,computations znd specificatians conccming: ( ] Entire project ( ] Archir_emralStructural ( ] Mechanirzl ( J Fire Protection ( J Electrical ( J Other(spzcify) for the above ttamad project and that to the best of my lmowiedge,such plans, computations and spccificuions meet the applicable provisions of the Massachusttts Stec.-Building Code,all acccprzblc engineering ptacticrs and all applicable laws for the proposal project, furthotmorc, I understand and AGREE that I shall perform the nzcessary professional s_rvicu to dctermint that the above mzntioned,poreions of the work proceed in accordance with the documents approved for the building pcmtit. Upon completion of the work, I shall submit a final reportas Loth,:satisfactory completion of the above mentioned portion 9(71m work. Signature and Sealofngisteredprofessional: �►t,aaa®,a � POSH OFlq°n® �4 ao ear °. g UM?F o ^ E032 n PPopov1p "r /1"Yb -- CITY OF SALEM 4i•� ROUTING SLIP CHECKED DEPARTMENTS ARE SIGMA lN� RES REQUIRED FOR BUILDING PERMIT LOCATION : 7 � p n_ DATE:��` APPLICANT ❑ CITY CLERK(if involving new street) DEBBIE BURKINSHAW DATE: a ASSESSORS P DATE : 3/ FRANK KULIK r 11 p ❑ PUBLIC SERVICES (Engineering Dept STAN BORNSTEIN DATE: a WATER HELEN JIADO DATE: a PLANNING DENISE SULLIVAN DATE: ❑ CONSERVATION CO SSIO I De t) DATE: $ 3- o �hT�W a ELECTRICAL PAUL TUTTLEu��DATE: ❑ FIRE PREVE N /ODD INSP. LA PE DATE: a HEALTH JOANNE SCOTT w DATE: 9-/0-0 0 a OTHER: DATE: SUBMIT WITH BUILDING APPLICATION WHEW COMPLETED BUILDING-DEPARTMENT ONE SALEM GREEN 2ND FLOOR SALEM MASSACHUSETTS 01970 JAN-17-01 16: 14 FROM: ID: 15067406726 PACE B/10 0174 -- CITY OF SALEM T� ROUTING SLIP 1�CA I,,C .D DEPARTMENTS ARE SIGNATUM REQUIRED FOR BU'ILDn"J P14" T LOCATION DATE- APPLICANT:- 0 ATE:APPLICANT:_❑ CIT'Y'CLERK(if imvolvmg new%leet) DEBBIE BURKINSHAW DATE: e ASSESSORS ICDLSK v ATE �p�� = ~,may 7j ❑ PUBLIC SERVICES(Engmeming1) rG-2eesv STAN BORNSTELM DATE: $_ ❑ WATER r e 7 ETT JIADO DATE: `�6� �o-rrU o PLANNINGy DE ME SUILLIVAN DATE: ❑ CONSERVATION CO SIO las D t) - �DATE,-... dtD o ELECTRICAL PAUL T[TITLE ' IaATE: ,�'Do ❑ FIRE PREVEN INSP. LAI=FE w ' DATE: ❑ HEALTH JOANNE SCOTT DATE: :R'/o-a 0 ❑ OTHER: DATE: SUBMIT WITH BUILDING APPLICATION WHEN COMPLETED Bi1ILDLt1GDEPAXnA-N ONESAL£MGU_tX 200FLOOR SALEM MASSACLBUSMS 01470 JAN-17-01 16: 13 FROM= I0: 15067408726 FACE 7/10 00 �UepaJf+nsr�qasn v`��rd+ei!`riaL.11ctiQ+oaLf 6.� yyV7V�� n� �frtal lamtsd Catrwoeu /6nd P,4 J/(add"k., ff3 02111 Ctnrarussamer Workers' Compensation insurance Affidavit [, Village Construction/Mike Rockett (an�msneesel with.a principal place of business at: 190 Pleasant St., Marblehead, MA 01945 (Orrraa Inp) do hereby cerC4 under the pains and penalties of perjury, that: (� 1 am an employer providing workers' compensation coverage for nay employees working on this jab. The Travelers Ins. Co. 1-UB 374Y663-3-00 insurance Company Policy Number 3 () 1 aur a sole proprietor and have no ane working for me in any capacity. [ (} 1 am a sole proprietor, general comracwr or homeowner (circle one) and have hired the i cawacrors tinted below who have the following workers' compensation policies: Con=cwr Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number () tam a homeowner performing all the work myself. 1 oudeaprtd dfat a CApy of m6 saWn"L as be imrarded m me Office of 1nvwjpdom of the DIA ter cove verifeadw and VM ban"ro neons covcnre=teopced under Section 35A of HGL 152 can Mad zo the inmeaYD„of aretimy otomft cmuuwfe a a fine o1 uo m S 1,306.00 aver one rema'ormri+a - E a v. h w da vawui s in me km of a STOP WORK ORDER aaa a fine of s too.W a w n*m ma Signed This day of 19 Building Deparcment Licensing Board Selectmen Office Health Department TO VERIFY' COVERAGE INFORMATION CALL: 6 17-727-4900 X403, 404, 40S, 409, 373 JAN-17-01 18: 13 FROM: ID: 15087408728 PAGE 8/10 (�jit1 IIII�pIII. II$SeiLitl�zixiiu aeac � - �.taaasdS DISPOSAL OF DEBRIS AFFIDAVIT rovisi=5 of MGL c 40, 556. i aetuwle�dge that as a In accordance••with tbo p all debris resultiug from the condition of Snilding Permit f -this suilding permit- shall be disposed of in conatrnction activity governed by defined by MGI. a IIIA a properly licensed solid waste disposal facility. as S 150A. of at: a Northside Carting Inc. The debris will be posedlocasaoa of£?c-iliLv vJ , Date ssygnatu etmZt aPP scant Fully complete the following -nformatioa: (Please print clearly) eke Rockett Name of Permit Applicant village Construction Farm }isms. if BUT 190 Pleasant Sr., Marblehead, MA 01945 Address: city 6 tare The above statute reeuirt_ that d*brissufrom the disposedo . re a aticu.l b or.other alteration.of bcsaldaa8 facility at licensed solid was disposal facility as def3ned 'by_ KCL cOf a fac50Aility and t licensed solid or licensed are to indicate the Iocazioa Of the JAN-17-01 16: 13 FROM: ID: 15067406729 PAGE 8/10 i C17Y OF SALEM i WATER DEPARTMENT JL c r� e } i a.&V AssieloftirecW Public Services i i + CITY OF SALEM WATER DEPARTMENT Ari ' ai Director Public Servi s` 1 --------------------------------- CITY OF SALEM i WATER DEPARTMENT r A" 5 me P � �A>sistart Director Public ServfcW � JAN-17-01 18: t2 FROM: ID: 15067406728 FADE 3/10 x owcaxwr45 AA DfJ,IOL MON OF STRUCTURES: AL*marnts 49L Toa awam+ee a W7w-s . Has Appro al It=Historical Commission bw received earn arb L`—`m amenaw 75,000 � for any stn>Ch1re t7vrr tiny(50)Yt:azs? Yes NO_ 5111a,rbn ow,at 39,646 -ig:Saie Number .. - x rar MCF Of-FIREEr PAnKM swcrs PPs u� HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? szouema . 79 ;..,Y .�•;� Yes No L aZ51I)EXTUL BU ^^moi orar ss.Ebmr '� Electric, - - Gam- axe DOCiJMENTATION FOR THE ABOVE MUST BE ATTACHED BEFORE A PERMIT CAN BE ISSUED: M COMKETETIJ FOLLOWING: _ .. -. Kst=DWci? Yes_._.:. No-M- (R Yes Plem enclose do=w1abm from Nisi COm) Ctruerva0om Area? Yes X NO— of y=PIrft estdose.Order a1 CondocrO Has Five Prevention approved and stamped pla m Or aP,Micadoaa? Yes -- No— Is property totaled in the SRA dtsbiOt? Yes_ Nos Comply with Zm9? Yes-1- N0._ (N%�Howd ofI decWm) is 1d gandfall red? Yw-'.', No_ pt im snbmli doaunesllaticn(tt n0.submd Board of APPaai decision . d new=Wud m hw the t Rtwt6tg SGP bM WW Mtl? Yes'- No-- is Arctu*=xW Access Board approval retlt md?- Yes Nn g (9 YM suflmat . 054-710 . • 1 Massachusetts State Conaacax lirxnse t Salem License#'._. 571 tk>.ne W poveinent Conbacter it t-lorremmers Exempt form fd applicable) Yet— No_ =61 RUCTION TO$E COA'delESM" H NSDt(6)MONTHS OF ISSUANCE OF BUILDING PPRNR - It an extutsion is necessary.please submit CONSrRt ICTION t5 TO$E COMPLE7F9 BY_ September..1, 2001 in wd&n to the Ir spEctor of Soldmys V. IDFMIFICAMN• 7o be completed by aA apprc-mlS . 14me .. rnW9atlbav•M.mocx om4 eb•anc wa MCC& ULM > $j 144190 Pleagant St. 01945 781-631- 7 Omr a taaa.. , Marblehead, MA 2. r Tillage construetio 190 Pleasant St. 01945 781-639-717 c°01q"' Mike Rockett Marblehead, MA 54-710 ! s Group 1 21 W. Third St. 02127 - 8-7(o =wOkec a. Robert Shackelton 50stoa, 14A I hpeby v%Vty eat the projx sw wpk-;saoeeailmd by u*omet d record aro Shan t hale been utth ixeo t>y tee owner 10 make pis appecom as Litt armrorited a .e b mnbtnf to an tiwa d in6 K sdKl or. l gyp. m aau JAN-17-01 16: 14 FROM: ID: 15087406726 PAGE 10/10 VC0 of Oalem, ;ffla02;atbU!5Ptt!g r r �1$nnln$ �0$r>7 ®tte Salem Q�reen August 28,2000 Peter Strout Building Commissioner Salem Public Properties One Salem Green Salem,MA 01970 RE: Pickering Wharf Hotel,23 Congress Street Dear Mr. Strout: The attached routing slip has been approved by the Planning Board with the following condition: "Any work associated with the fagade and/or the exterior materials of the structure cannot commence prior to the Planning Board's approval of the final elevations" Following the Board's approval of the final elevations,I will provide a confirmation of the decision to the Building Inspector. Please contact we at extension 309 if you have any questions_ Sincerely, Denise Sullivan Assistant City Planner One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext 311 Fax (978) 740.0404 VILLAGE CONSTRUCTION MARBLEHEAD, MA 01945 Tel. (781) 639-7777 Fax (781) 693-2290 T. Michael Rockett November 14,2000 President Building Department One Salem Green Salem, MA 01970 Attn.: Peter Strout Re: Pickering Wharf Hotel Foundation Permit Application Dear Peter, Enclosed please find the application for a foundation permit, routing slip, and a copy of the original permit application for the Pickering Wharf Hotel project. You will find that check is for the permit is not enclosed. Please call my office when the building permit is ready. At that time, I will present you with a check and pick up the permit. If you have any questions or concerns, please feel free to call me at the office. Thank you for your attention to this matter. Sincerely, T. Michael Rockett PROPERTY LINES PER PLAN ENTITLED: "PROPOSED PROPERTY SUBDIVISION PLAN OF LAND CREATING �lTBy PARCELS 1A & 1B" PREPARED BY PATRONCZ LAND nc G " G DEVELOPMENT ENGINEERING AN D NORTH SHORE SURVEY "i CORP., DATED JULY 12, 2000. .3s° /// "CHOWDER HOUSF STORIES 17.7' Y7%15t5FA'2k PICRERING"w 14- PARCEL PARCEL 1A � #223-231 DERBY STREET � t ti� � h � .o i/iaiaiiiaaiiiaiaoiiioaaia ao 0 AREA=39,646±SF � z v cxaostw[ "RUSSIAN cC4F5m .� i AID SOCIETY 3.0' r 43.7' pgp e � f:' y, a t fi y / 0 / � � � "max I; L I GRAPHIC SCALE �t € S x 6 / / I 40 0 20 w 0 � q ..TAN000E Ili x / %"WHERRY I �+ q '1 CRESCENT" / IN FEED ti`s PARCEL 1B i Row' / I 1 inch = 40 ft AREA=6,983fSF GW am 29.0' - — - _ PLOT PLAN fora portion of A- kering Wharf #223- 231 Derby Street and #23 Congress Street Salem, Massachusetts /o/v/ava//iaaOi�ai Ol% EX]RH A / I/ eENcG Ki /o/,�///� Prepared for. Pickering Wharf Realty Trust (978) 740-6990 G j 84 Wharf Street, Salem, MA 01970 EXISTING MOD HAZARD EXISTING i % Date: August 3, 2000 DISMCf ISE CONDOMINIUM � j % "PRIVATEER' MARINA 0 (MZVA4IDN 10.0) PARKING i//o//ao//a//� %/ , PLDE 9 9-04 Scale:cele. 1 = 40 Sheet 1 of 1 / / i PATROWICZ LAND DEVELOPMENT ENGINEERING (� 'ARBELLA" G/i/iii/pi/ii/ 60 Washington Street, Salem, MA 01970 (978)745-2288 y� 6 / / JAN-17-01 16: 11 FROM: ID= 15067406726 PAGE 1/10 VILLAGE CONSTRUCTION MAp,8LEHEAD,MA 01945 Tel. (781) 639-7777 Fax (781) 693-2290 T.Michael Lockett August 31,2000 President Building Department One Salem Green Salem,MA 01970 Attn.: Peter Strout Re:Pickering Wharf Hotel Building permit Application Dear Peter, Enclosed please find the application for a building permit and routing slip for the Pickering'VJharf Hotel project You will find that check is for the permit is not enclosed. Please can my office when the building permit is ready. At that time,I wili present you with a check and pick up the permit. If you have any questions or concerns,please feel free to call me at the office. Thank you for your attention to this matter_ . Sincerely, 'chael Rockett JAN-17-01 SE3: 11 FROM: ID: 150E1740B728 PAGE 2/10 - City o€ Salem Ward No. ` 13-3-30.. _ �/33.3 APPLICATION ._. PERMIT TO BUILD ADDITION, MAKE A(:TERATIONS OR NEW.-CONSTRUCTION 11ran!fe complete aA�tems m sections:I, 11,111,11;and fX. !hlPORTANT-App p�p,q .. - DISI»K7T - B 223=23T Derhy Street.,• L p7aaca17ow Loc"ON Congress Street u� staPtn OF 8ET3+EEN rnasssarra LOT-, . ._ WILDING - LOT BLOCK � aleoNwpk . . _. : . ps ?� e Parts A•D U. TYPE AND COST OF fl13t1.19tNG Att apprwantS com . N t>S&MosT REGENT t1sE._ A. TYM OF IMPROVEMOff 0.Pi10P<r-ZD M-FOR-'DEPIIOLM . Norreyd+e5+t: .. is❑ naa'm waalo.nP.l . . ❑ ..`z Q w ar.fr t�^T _ gttdtyonRrcs.wK.,l.anw ryrcOrpnw .Ova.S r^'�aamc.raaf:nnr+0.t� .. _.. .._. ... .......t0 IJ,7.o erawatuaN'Han 0~ _..._..r-700yboty..,. ...._._ _ .. 3 ❑ ry PwMlrr9 la® 7mftAft Ob6molfLm a4 0 F.mha wtry�tfPro<9frq� .. - a I] ROWO ROWDY �-.. EnWn -W 9Fwfi " . 23 Q [+nigAaM _ z. 5 I]Ml-w4RmWiaYb'r .e"M atatbl _ 15 C+ara9,--. ... _. ._ .... 24 is 00^endr•P - .. aw,tent+ ,rP'n Part D.m' .-. . . --- 25 E3-PubftukW-.%. 6®."!4�'^ocRr u _ 7a Il_uraert 2513s w�+r aw�ama+.. .., _. Pngfa Md+dwL .. .._ ----. _.. .. B ® �,yriKPR. 29 Q 9 Pmrc lFed¢wlSml0.dIPCa190w .• . ' fOnrfcaaai . NYyaappsf-OPfOI[Ob00Rri PiPcwt'daCJ'aeCaYfflmt(.P+�4P. G.COSTt,ahu sree.uu bva+yS+V tmPetl qrp �buk" . x100,000. Pva�w•dC&Pirw9gwimp I& taAidrgla tsMdmKl�tw,naoaatrWL 5 a:ewtalPrwdaaas.n lR rq,idiapnwrf.ra 1P 31l.�M•r�F�i in ft aeo.ea o 300,000 . i E�aarim . 300100D 11 Pennb4M9 250,000 c 1Mo1%4 aimq . 50,000 a.oew l.r..iw_Yw ,000,000 7LIC sT of A In and add*VA COMP10te Parts E-1:detTgtlflon, pl. 6ElECTED CHARACTERISTICS OF BLIS.DiNG-For new buDdu� e efe on Parts J 8 M aft offrers f0 N L of wt:G1W - E pFUNGIPALTM OF FRAME F. ppNOP1SYTFfi OF 1FA7v1O f G ® PutrC Y tr raft wr+m-w wr tfam toVbl-V�at 3O I] Mwm-Vt�b"An0 35 ®Gm 31 O VbJwt=* 35 Cl of al 0 PA.tla gfele mRalc.) A MY" 45 I3 w 2, ❑ w 3T ❑ N,TTPE OP WATER 511PPLY Vr99rYa tyaala,�'rorl 33❑ P'.+ m.ra.l. 39❑ Ca.l a®PJ1kavlbf r y®,ti^ Q. (],xf 24 Olhw-smay 3P 0 Dew sP.ar as❑ FOR REGISTRY USE I, HEREBY CERTIFY THAT THI LAN WAS PREPARED IN ACCORDANCE I THE RULES AND REGULATIONS 0 HE REGISTRY DEEDS. 64- anz Scott I n Patrowicz, P.E. ,C! LEGEND: . _ �� •.LJ (} II mALANDSCAPING AND WALKS WITHIN HOTEL AND BANK PROJECT g�F AREAS = 9.8723SF m I RECON •( LANDSCAPING AND WALKS WITHIN P < BUILDING FOOTPRINTS WTHI - C]EOW LOWER AREA (OUTSIDE PROJECT n- US7, �PU&,C AREAS) = 8.1002SF HOTEL AND BANK PROJECT O AREAS - 18,66015E TjyFJ4 �OFW,uK TOTAL LANDSCAPING AND WALKS W PARKING WITHIN HOTEL AND BANK -?'1 I �Rg��N£. - AREA - 17,972}SF PROJEC tSF 14 BOM/MMAIL #223-281 DERRY ST. ^4 p O / FOOTPRINT=1619814 'oyb/aavpyo d� HOTEL/RETAIL PROJECT r 1 '✓ �.✓i�,ra ^V .� i AREA= 63,672±SF o WROUGHT IRONDECORARA 4 - FENCE PER "WIDOOR G "CHOWDER SALEM PLANNING `SEATING HOUSE 'g a BONN G � 4 VW PROJE T AREA EWE `-E �. � S taiei P✓�/ag [r ✓ ✓C z _ BANK PROJECT v� •RADIAN� AREA-12.416±S � � � 90C16"fY y 23 DROP O F CONGRESS a� cn�CRT L a SI w FOOTPRI T- N m s 2.26aSF U p 5:= �IYTOOOR `TANCOOK CROSS 04 gATMO CRESCENT" sEcnoN B g. I .� RESTAUPUNP CROs d ., . L �u y • . SECTION B Joe- VA 00. V A V �2o AP a a. PARKING O CE ORWAIT]RON ' Y EXISf1NG > 0` MARINA Y FENCE — U o BUILDING / /oirrva n r rr,i ✓ W' 41 SEAWNO ALKWAY RMRFROlE N AREA v B .n T W(IN T ?M1EfMnLR' k "ARBEIA.A" a i /SOUTH RIVER _ $� r //"" Date: /6/00A �44 Sheet 1 of 4 PROPOSED SITE PLAN PREVIOUS PA OWiCZ PLAN ACCOMPANYING THE PETITION OF WATERWAYS LICEN9 Pickering Wharf Realty Trust #1656 3/28/1894 a 9,tatePe°,�� for the construction of a Hotel/Retail Building and #782 11/8/1883 stop_AL #3979 6/22/1915 parking and drainage improvements and the relocation of a Bank Building at #486 11/13/1924 o s so 23 Congress Street and #757 9/4/1981 . 223-231 Derby Street, Salem, Massachusetts #1647 3/28/1894 adjacent to the South River 1' = 50' 1 DATUM: MSL=0.0 GRAPHIC SCALE I_l FOR REGISTRY USE I, HEREBY CERTIFY THAT THIS AN WAS PREPARED IN ACCORDANCE W THE RULES AND REGULATIONS OF T E REGISTRY DEEDS. Scott Ian Patrowicz, P.E. MHW=8.8 MLW=0.0 CANTILEVERED WALK EXISTING SEAWALL EXISTING RIVERFRONT WALK MARINA BUILDING EXISTING EXISTING PARKING BUILDINGS g SERVICE DRIVE Q PARKING ACCESS DRIVE z O WALKWAY U HOTEL/RETAIL w RESTAURANT (n V) WALKWAY O DROP-OFF CARPORT Nil U m ACCESS DRIVE Q PARKING F— LANDSCAPED AREA U w TWO-CAR V) DRIVE-THRU U) BANK BUILDING fl—HOTEL/RETAIL U SIDEWALK STREET TREES SIDEWALK CONGRESS STREET DERBY STREET Date: 4/6/00 Sheet 2 of 4 PROPOSED CROSS—SECTIONS PLAN ACCOMPANYING THE PETITION OF ,„ UP k' Pickering Wharf Realty Trust `'�y� for the construction of a Hotel/Retail Building and niRo icz parking and drainage improvements and the kCIViL56 w relocation of a Bank Building at 23 Congress Street and 223-231 Derby Street, Salem, Massachusetts adjacent to the South River FOR REGISTRY USE I, HEREBY CERTIFY THAT THIS AN WAS PREPARED IN ACCORDANCE WI THE RULES AND REGULATIONS OF E REGISTRY DEEDS. Scott Ian Patrowicz, P.E. A ewe EXISTING--BANK IAT 12 416iESF EASTERN 'HAWTHORIIE `UEY011SHED' BULDlliC \ 1URCHR40U� 1 WI � � so0/ik✓BA//a r F^ I EXISTING PARKING CHOWDER HOUSE ¢ ! \ A V� A ` v v 3 � r Co C7E \DEYOLCi1�D .Yll.' It ry Q _ - ;ed�✓itii„vi i r ivva�o 'RUSSIAN 2 v v v v CIE �o soc1ETY E%1874! PARNINC � RELOCATEED BANK,AREA x ` \',X iZA64�sp< 7 7 V, � A acvre✓r-v vaeri r \ t PROPOSED PROJECT AREA 43.472±SF "TA BON CRE'CENT" H PORnON OF TANCOOX CRESCENT DEIIWJSHED i R A d A EXISTING PAIODNC i z ak q` "ARBELLA" � 9 i EXISTING PARXRIG � MARINA f (LONDR MEA) BUILDING 94 N i A O) /[jji 9 'ARBELLA b SOUTH RIVER Date: 4/6/00 f,. \ It Sheet 3 of 4 EXISTING SITE CONDITIONS PLAN ACCOMPANYING THE PETITION OF 44, Pickering Wharf Realty Trust ��a3 Cart IAN AT for the construction of a Hotel/Retail Building and W RCwiczCML parking and drainage improvements and the "D•33656 relocation of a Bank Building at "FcsrePab `� 23 Congress Street and ,� •.u.a 223-231 Derby Street, Salem, Massachusetts adjacent to the South River -11 0 m m o r N < C L4 m ' m � Z :+ m m p l O `p 0 0 a N N O 0 0 x � - 0 LJ Cd ! p"T'p A _S 250 WATT HIGH 0 DEPE DING �SODIUM, ANTIQUE PRESSURE m 0 O O ON FINAL 6'BETWEEN POSTS SELECTION LIGHT O TURF, DOWNWARD rt yO 0 0 Q O � 0 1 DIRECTIONAL. FINAL SELECTION _ BY OTHERS. N p U3 > 7 Z N = rt y m 0 � 0 1"SQUARE W 0 Z Q WROUGHT IRON m L � � 'c30 Z7C) N 1"SQUARE 00 0 0 p WROUGHT IRON <3CID �� A A K (p rt N m =:I3"SOUARE p 0 y 23. C O POST m C GHT IRON +', m ;7 y pZ MOUNTING PER m r m = Ch 7 =1 MANUFACTURER 4"i SQUARE LIGHT POLE p m -u m p d 0 D DESIGNS FOR 0C Z m N 100 MPH WIND w U) D 7 "'_ 5/8-SOUARE VELOCITY LIGHT BASE COVER m C d (PER MANUFACTURER) /� y y 7 O 2t WROUGHT IRON op D m CD -nm Q ,rt« N ` 1" CHAMFER y 7 z n OL Z 7'�� ° URFACE TREATMENT m 1"SOUARE N (SEE PLAN) m D WROUGHT IRON '• u • FINISHED GRADE ut BUSHING n PVC CONDUIT (2" MIN.) FINISHED GRADE v ; (TYP.) ,. r O 3/4" DIAM CALV. �u STEEL ANCHOR BOLTS (4) EMBEDDED A MINIMUM OF CONCRDECORATIVE WROUGHT IRON FENCE o 30" INTO CONIC. FOOTING z D D FOOTING SHALL BE CONSTRUCTED PER SALEM -� <� COMPACTED GRAVEL rt (n Z PLAN BOARD SPECIFICATIONS. SURROUNDING FOOTING rt 0 WROUGHT IRON TO BE PAINTED BLACK. _ 'i' CONCRETE FOOTING (PRECAST OR O O m 12"MIN -12 SQUARE ONE CONTINUOUS POUR) (4500 psi) x12" _ O -9 FIRM STABLE) LIGHT POLE IS ` 3/4" GROUND ROD _ WROUGHT IRON DECORATIVE FENCE SUBBASE CENTERED (IF REQUIRED BY p d n, a Not To Scale ELECTRICIAN) _ o €„90 o m (r w C, - NOTE: f p ��-a 1. USE CHASE PRECAST CORP. PRODUCT NO. LPD-12 OR Q D •^g 'PR �Z APPROVED EQUAL. PHONE: 1-800-242-7314 N = Z a3yFG tea'` 2. LIGHTING TO BE APPROVED BY MUNICIPAL LIGHT DEPT/DPW. M m Fy SllicOa, � � C LIGHTPOLE DETAIL �'T c D Not To Scale U) r4 -------------_------- � PROPERTY LINES PER PLAN ENTITLED: "PROPOSED PROPERTY SUBDIVISION PLAN OF LAND CREATING PARCELS 1A & 16" PREPARED BY PATROWICZ LAND �PjB'M v S1 R Li DEVELOPMENT ENGINEERING AND NORTH SHORE SURVEY rW N NI " � L•�?' CORP., DATED JULY 12, 2000. x xr'srf rF 75 �� CO ° v_ m // ..l[ 2LD 'RBY Si"" i �F..1f10tlI flWT�� % "CHOWDER HOUSE" 17.7' '�'� ;7G151}'EF ARp1tiEG7} � G I j "PICKERING" £ sit 14 / PARCEL lA �� ppiiiiooaooioi% oa/aamam/o W I #223-231 DERRY STREh"P AREA=39,648t3F ,«,. ^� xr p a � 'ooraiiiiaio iimiim�oiaoioo G i R � .4 mwrscN "RUSSIAN SOCIETY" i r *^r 3.0 43.7' � m +' Q /is o iioi ai a�ai iii/o I GRAPHIC SCALE %I I 40 0 °' I '1 I 3.0' TANCOOK CRESCENT" "WHERRY % ( IN FEFiP ) br 6 PARCEL 1B Row" i a i o i I 1 Inch = 40 ft AREA=61 983tSF / TAOWICZ — 29.0' PLOT PLAN 8910NI11 Fr6 fora portion of - — - — - ,G,,� A kerinarf .! #223- 231 Derby Street and j "ARAE6L9" j // o #23 Congress Street EXISTING `I Salem, Massachusetts MP Prepared for. Pickering Wharf Realty Trust (978) 740-6990 i I f1� I j 84 Wharf Street, Salem, MA 01970 EXISTING TROD HASAIZD LXI977NG / � MARINA j D13TMM 19N6 CONDOMIN NM 'PWVATEER" � Dote: August 3, 2000 (ELEVATION 10.0) PARKING ii oaaiooia mai j j PLDE #99-04 Scale: 1" = 40' Sheet 1 of 1 PATROWICZ LAND DEVELOPMENT .ENGINEERING "aeeeLLA" 60 Washington Street, Salem, MA 01970 (978)745-2288 PATROWICZ LETTER OF TRANSMITTAL LAND DEVELOPMENT ENGINEERING SIXTY WASHINGTON STREET SALEM, MA 01970 DATE O o JOB No. , TEL. (978)745-2288 FAX(978)745-5200 PROJECT NAME E-mail:patrowic@shore.net TO WE ARE SENDING YOU ❑Attached ❑ Regular Mail ❑Overnight Express *Hand Delivered ILA Plans/Prints ❑Original Mylar ❑Computer Disk ❑Specifications ❑Shop Drawings ❑Copy of Letter ❑Change Order ❑ COPIES DATE DESCRIPTION S O•�r N v .P�Po J �� THESE ARE TRANSMITTED as checked below: VFor Approval ❑ For Your Use ❑As Requested ❑ For Review And Comment O ❑ FOR BIDS DUE REMARKS zq COPY TO I r1 COPYTO COPY TO SIGNED Scott Patrowicz, P.E. If enclosures are not as noted, kindly notify us at once. REORDER FRW eMDr BUSNESS FORMS LOWEl 1M 1.8�$2.057D Massachusetts Department ofInAivamenta/Protection Bureau of Resource Protection- Waterways Program ��rTa--nssmiry— a—lr�Jl BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General WatefwaysApplication Municipa/Zoning Certificate Please type or Pickering Wharf Realty Trust print clearly all Name orappliant information provided on 84 Wharf Street this form. project s&MAllress Salem Ciry/Tom South River Wate'way Dewiption orpoposed use or ddtame in use Applicant proposes to construct and to maintain a hotel and retail building. To be completed by municipal clerk or appropriate municipal offi'cia/. 'I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans is not in violation of local zoning ordinances and bylaws' Print Name MMunicipa/0#10w Signanre of Municipal Oval Title Ciry/Town Date Rev.2/97 Page 4 of 8 Massachusetts Department ofEnvironmentaiProtection Bureau of Resource Protection- Waterways Program Transmittal BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General Water ways Application Municipal Planning Board Notification Please type or print clearly all informa- tion provided on this Pickering Wharf Realty Trust form. Name cfapplicant Notice to Applicant: 84 Wharf Street This Municipal Planning Board Amjxt'aeer" Notification section must be submitted Salem along with the City/TO- original application materials.if it South River cannot be signed by the appropriate wateway municipal official at the time of delivery, ' the applicant should wait until he or she Destriptiona(praposeduseorchange inose receives the Applicant proposes to construct and to maintain a hotel and retail executed signature before submitting the completed building. application package to DER To be completed by municipal clerk orapproprlate municipal ofcia/. '1 hereby certify that a copy of the completed waterways license application and plans described above was submitted by the applicant to the municipal planning board' print Name signave Of Municipal ficial title clWown Date Rev.2/97 Page 5 of 8 o�yy.coxnlrl�� tt a Am, 'BM55rarbuutt mr �Ittxtztixtg �nttr� q�01M11:N D0 4 mile `$ttlrllt llHlrrn REQUEST FOR REVIEW COMMENTS ' SPECIAL PERMIT DATE: '/�v'J � TO: ('') BUILDING INSPECTOR ( ) CONSERVATION COMMISSION ( ) CITY ENGINEER ( ) Other: ( ) BOARD OF HEALTH Attached please find the application referenced below. The Planning Board re- quests that you review this application relative to Section VII of of the Zoning Ordinance. We would appreciate your completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. ( ) WETLANDS AND FLOOD HAZARD DISTRICTS ( ) SITE P REVIEW ( ) CLUSTER DEVELOPMENT ( ) BUSINESS'PARK DEVELOPMENT D TRICT ( ) PLANNED UNIT DEVELOPMENT APPLICANT: PROJECT NAME & ADDRES : CONTACT PERSONS AND PHONE: / _ Applicant: Z/. L�.QQ/f �(%y/�/�XC CITY: COMMENTS DUE BY: ,�j (Failure to comment withih 35 days shall bbee/deemd lack of opposition. ) (,4—C-oncur with proposal ( ) Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) ( ) Comments included ' 1 REVIEWER`S SIGNATURE TITL &rW Citp of &alem, A1a$.5aebUgPttfS r Public Propertp Mepartment -�Builbing Mepartment One&alem&reen (978) 745-9595 Cxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer Requests all following information be forwarded to the City of Salem Building Department. 1 . Architectural firm to submit Code Analysis as follows: a. Use group classification. b. Construction classification. c. Fire resistance rating of structural elements. d. Rating in hours for type of construction. e. Occupancy load. f. Means of egress. g. Exit signs & lights. h. Fire grading. i. Fire suppression system. j . Fire protection signaling system. k. Automatic fire detection system. 1 . Height & area computations. m. Unlimited area of buildings. 2. All construction shall conform to Massachusetts State Building Code 780 CMR Sixth Addition. 3. Make all necessary permit application with Building Department. 4 . Construction control form per Section 116 of the State of Massachusetts Building Code Sixth Edition. 5 . Make application to City of Salem Board of Appeals for any required Variances or Special Permits. 6. Distance between buildings to equal the height of the taller building. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Waterways Program [Tyansmi[ta�f BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General Watefways Apolication Municipa/Zoning Certificate Please type or Pickering Wharf Realty Trust print clearly all Nameo/app/icant information provided on 84 Wharf Street this form. Rgixtsffwtaodiess Salem ciylrom South River wal�y tkwipim ofproposed use v charge;n use Applicant proposes to construct and to maintain a hotel and retail building. _ ggg�q M.-W-1 �—y1' ux�xxfh'�'.'a` EM � 114 a.uw.fa� Kx ::r� 3G 1�:isdFa To be completed by municipal clerk or appropriate municipal officio/. "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans is not in violation of local zoning ordinances and bylaws.' ----- - - -------- arwtNameo/M 109d81 1 eofMuntcipa /tial ....................... - nn — c/ry own - -.-.-. ------------ ---- Gate ------------------------------------- -- Rev.2/97 Page 4 of 8 • � *L10" \ �P�3 GRAPHIC SCALE 20 0 10 20 40 80 f = / G° o� � (pU Cl C 191.77 ` o / sy ��a `- 1 UJI L73 E= Aga' �6 13.33, B BAR/qe �� , ( IN FEET ) s. � _` 1 inch = 20 ft v �y sT y} WinterIsland New England IF #235 DERBY STREET ��p s _ Power Co. / �I AREA= 12,416± SF SSE% IQ (AREA INCLUDES BUILDINGS AND LAND) I I a < N/F NAUMXEAC REALTY TRUST NORM z 3 ��e P� P S76•j3, C/0 EASTERN BANK •� AN o SALEM ASSESSOR'S MAP 34, LOT 445 33 f ° " A 8 133,63 y PR BOOK 6087, PACE 38 I T P l / I co o — �/ IDIf7 A ti r ^ o Derby /Salem � � � �EA�ii Si. � Wharf �n o w j % I z X1333 drillt m m � � Harbor GRAPHIC T v 1 SCALE o M I S9.QgT� hole a > D 2000 w ah % "EASTERN I a I found LOCUS I 76'2 ' TE M / N 05 , ar _ _ M o• % BANK I ww I _ • S76• 1.58' SCALE: 1"=2000' � Z I N87'46'01'W .9s'w CV) PLAN REFERENCES: CZI�D / ° PLAN BOOK 154 PLAN 75 dE3 Ld' / I PLAN BOOK 145 PLAN 75 h� �A j o PLAN BOOK 327 PLAN 85 ti1 =V� _ _ _ _ _ I � � •�, j / j PLAN BOOK 338 PLAN 30 �I`" 0.29• 3 BLOWUP D I % PLAN BOOK 342 PLAN 35 10' WIDE EASEMENT �euaDiNc /g /I Not t0 Scale 1 S86 17 49 E n /• NIF"CH�JEANAN REAER LTY TRUST BOOK 6347, PAGE 408 BLOWUP A %/,%0:3�`% r� �ro I / 4 / BOOK 11444, PACE 27 / / a / "PICKERING" CU _ Not to Scale OD cru I / / LEGEND I j PROPOSED PROPERTY LINE I / EXISTING PROPERTY LINE D a D1NC' "RUSSIAN AID SOCIETY" . N86.30'48'W N/F ST.NICHOLAS RUSSIAN o ACCESS EASEM 5 — I o BENEFIT SOCIETY, INC" / I I ✓ — — — S86.14EST E 48 SP 1 I BLOWUP B ri i/ BOOK 2549. PACE 277 3 jj — 6725'— — — — _ — -- Not to Scale � I o.es % � � o'• ��///�///' / /i NOTES PARPEL 1A ' I �BUILdINGi• �� / CU 1. THE WETLANDS DISTRICT LINE CORRESPONDS ON 4.44 (NGVD—MSL DATUM). THE I I #223- 231 Y. REET N87 FLOOD HAZARD DISTRICT LINE CORRESPONDS TO ELEVATION 10.0 (NGVD—MSL DATUM). THESE �' jf / 07'OS'W 58.41' \\ \ j ELEVATIONS ARE SPECIFIED IN THE CITY OF SALEM ZONING ORDINANCE SECTION 7-16. THE I PARCE 1B AREA= 39,646± S 100-YEAR FLOOD ELEVATION IS SHOWN ON FEMA MAP #250102-00018 DATED AUGUST 5, 1985 AS ELEVATION 10.0 (ZONE A-2). h 4 [� ;o j•, I AREA 6 9 3± S 11 N/F PICKERING WHARF CONDIOMINIUM UST / / I Q I w ' HILARY J. ROCXETT, TR °' / SALEM ASSESSOR'S MAP 34, LOT 4 6 �' ¢ BO / P BLOWUP C 0.20' BUILDING% / / i.o. OK 6624• PACE 141 ... oa Not to Scale R , • � j I j �=I o j. u1 3 PLANNING BOARD APPROVAL UNDER I Irl " I / THE SUBDIVISION CONTROL LAW NOT REQUIRED o I j j H SALEM PLANNING BOARDS "CRESCENT" WHERRY CU ROW / I N87.32'201W� I 1 j / 40.1 j �S85.09_20'E / w. 67.26' O to c S85-091I v Iv 132.29' / �•a _N85.53'03'E z _ 54.97 S85-09,20,E _ _ _ PARCEL 3 / D In PARCEL 2A e6 3o°"E REMAINING LAND OF PICKERING WHARF CONDOMINIUM TRUSTHILARY J. % l v q SALEM ASSESSOR'S 34.T.LOT 408 (NOT A SEPERATE m 0 Z. BOOR 6624, PACE 141 PROPOSED SIN BUILDING LOT) — i i ' 0 AREA= 4 749± SF 3 a N/F PICKERING WHARF CONDOMINIUM TRUST ` ' imn _ HILARYJ. ROCKETT, TR �I PROPERTY SUBDIVISION 00 - SALEM ASSESSOR'S MAP 34, LOT 446 � / / w %� set — — _ _ BOOK 6624. PACE 141 , q , -� PLAN OF LAND S84.23'03E �' - �' / / / 169.39' � /� I CERTIFY THAT THIS PLAN HAS PRE-EXISTING POOPS Ty 1 / / W = // CREATING PARCELS 1 A & 1B BEEN PREPARED IN ACCORDANCE LINE - No1 45 48 E / / /// iron / "ARBELLA" j WITH THE RULES AND REGULATIONS w 1.54' j / z z OF THE REGISTRY OF DEEDS. 01. —F rod i 1 Ed " for a portion of c LOOD / / • ng r=- / / HAZARD DISTRICT LINE i(ELEVATION 10.0) I / o 3 zh I ,;, ; iceI'mdU*arf I%% / PARCEL 2Ba 3 i FOR REGISTRY USE ONLY i Ih� X223- 231 Derby Street I� �� #23 CONGRESS STREET air, > and i AREA= 14,127± SFII H ' Q w j # 23 Congress street / E G / (AREA INCLUDES BUILDINGS AND LAND) UYa MARINA N/F � IJCREALITY TRUSSjaW WHARF % - I % "PRIVATEER" rA Salem, Massachusetts <4 SALEM ASSESSRMAP 34, LOT 447 EXISTING BOOK 13586. PACE 532 PROPERTY LINES Property of: Pickering Wharf Realty Trust (978) 740- 6990 E, TO REMAIN 84 Wharf Street, Salem, MA 01970 o 'I� //%%//%/;/, /// Date: July 12, 2000 0 set0 driu ///i �� / PLDE #99-04 Scale: 1" = 20' Sheet 1 of 1 /////////// /� 26.94'• /. �, Y hole ////%�///// � m / - — E o / /i� / O -1 11-IfVw LU l --19 _ _ _ o GO 1 % PATROWICZ _=ExrsnArue B � v, ( % "ARBELLA" / %� ////�, i I ' ( (S-DUTH — _ — /// LAND DEVELOPMENT ENGINEERINGco N � — '� ` AwAu / // 60 Washington Street, Salem, MA 01970 (978)745-2288 RIVER WETLAND I //%�� / / / , j NORTH SHORE SURVEY CORP. n I DISTRICT LINE j �j��/� 47 Linden Road, Salem, MA 01970 (ELEVATION 4.44) I I (978)744-4800 0 PMN \� GRAPHIC SCALE . ' v 15'58• �� /r �; ii y << ��p � so o +o so 40 aD 11 v ( U VA 19 7v v �� m� G �l f - y . A I ° ' ►3 - S79Q \E P eLl RI X10 \ C �• 9w / \ 13'33. B(,f �'!� / �%i ( IN FEET .�T W 1 inch 20 n.. c,� New England #235 DERBY STREET oN yip = ESSE y Power Co. / AREA= 12 416± SF I — _ / (AREA INCLUDES BUILDINGS AND LAND) NORMA z i \� \'��. 9 P �, N11F NAUMKEAG REALTY TRUSTarse m I C/O EASTERN BANK f\ \ \13 33, U - 0 SALEM ASSESSOR'S MAP 34, LOT 445 \ , 13363 W Q N �r / P BOOR 6087, PACE 38 I SII \ P� Im 1 r Derby Salem Wharf . — o LEPvTT St Harbor GRAPHIC /S76.1 drill SCALE 3'33 E hole mw i 5924 33- 'a o o • I found 6 m Q N76. o'SE LOCUS ah "EASTERN SCALE: 1"=2000' o m " 1.58'BANKWW 13' sono :,,�� z� / / w¢ 39z4� / /�ri�// I a N87.46'01'w ii/;/ /✓ - - REFERENCES: > a PLAN REFE E )%o �" ' o.u• PLAN BOOK 154 PLAN 75 / I Y / i /// o PLAN BOOK 145 PLAN 75 J i I O� Wi/ I ,; 9I �� //; /; PLAN BOOK 327 PLAN 85 a. a ;c I RK%o PLAN BOOK 338 PLAN 30 �- I o' � PLAN BOOK 342 PLAN 35 - - - - - - - - - - - - - - - - - - - - - - _ J I ole „CHOWDER HOUSE" BLOWUP D is l -' /,, E Not to Scale B13 WIDE EASEMENT BLOWUP A BuaolNcf o BNIFOO 11444. REALTY TRUST jj •i I 1� '�- -- S86.1T49'E BOOK 6347, PAGE 408 � '�%0 36� :`f i M BOOK (1444, PAGE 27 I j 122.03% I Not to Scale o '� "PICKERING" W w oIti � //�i' ,�� <��,, ///� •may � LEGEND , PROPOSED PROPERTY LINE- ;,, ,i //„�y�-r/rte//,/iriii ;iri ' '! — • — • EXISTING PROPERTY LINE ,/�/ / o.oe• � � / "RUSSIAN AID SOCIETY /i: N86.30'48'W j N/F ST.NICHOLAS RUSSIAN .� o i NINC. � 1 AC 5 / BENEFIT 5 SOCIETY 7N CESS E P o_i BOOR 2549 PAGE 277 / ASEMEN7 548 SF 1 BLOWUP B i -- - - -586.14'S7•E- - - -- - � Not to Scale �^ l x NOTE PARCEL 1A / BUILDING i i ,i//�/ice i/!i��i'�/////�j�// ii , /�///�� 12.. �•^ #223— 231 DERBY STREET NB7 07'65.1✓ o 1. THE TLANDS DISTRICT LINE CORRESPONDS TO ELEVATION 4.44 (NGVD-MSL DATUM). THE 5841 WE FLOOD HAZARD DISTRICT LINE CORRESPONDS TO ELEVATION 10.0 (NGVD-MSL DATUM). THESE � ELEVATIONS ARE SPECIFIED IN THE CITY OF SALEM ZONING ORDINANCE SECTION 7-16. THE 646fS1jLai 100-YEAR FLOOD ELEVATION IS SHOWN ON FEMA MAP #250102-00018 DATED AUGUST 5, 1985 PARCEL 1B AREA= 39, / m AS ELEVATION 10.0 (ZONE A-2). IV/F PICKERING WHARF CONDOMINIUM TRUST � � l AREA= 6,983± SF ,..// H7LARY J. ROCXE77; TR ;.../j • / y Q W1 SALEM ASSESSOR'S ANAP 34, LOT 446 BLOWUP C ;BUILDING j > j BOOK 6624, PAGE 141 ^a Not to Scale O, p Ld�. e o ' mj ✓i � -3 I �o i AR APPROVAL UNDER PLANNING BO D VAL P O n, THE SUBDIVISION CONTROL LAW NOT REQUIRED ?4I i "TANCOOh SALEM PLANNING BOARD ;� CRESCENT” "WHERRY ✓ HI /I I ROW" �N87.32'20'W 40.00' �585.09'20'EE_ % �/ O c� 67 885 09'20'E �� u�� J LO _ �i�. _ v v 132.29' c / � o ' � N85'S3'03'E awln/ — Z.o 54.97' Nw06Ws 3 � PARCEL3 dfYYAL tag\ 1` S85.09'20'E REMAINING LAND OF PICKERING WHARF CONDOMINIUM TRUST PARCEL 2A 16830 ' HILARY J. RGCKETT, TR '- SALEM ASSESSOR'S MAP 34. LOT 406 (NOT A SEPERATE ZIfU BUILDING LOT) %/' �`► BOOK 6624• PAGE 141 PROPOSED AREA= 4 749tSF 3. /�ii�/i%��/;;r/ PROPERTY SUB�� /� S� �N ,p � _ / N/P P7CXERINC WHARF CONDOMIN7UY TRUST Gp , / at HILARY J. ROCKETT, TR v % // %G�% w -� SALEM AS MAP 34, LOT 446 a sod . 1 BOOK 6624, PAGE 141 N PLAN 0� LAND LU S84.23'03'E i set �� 169.39' / � ice R m I CERTIFY TNA THIS PLAN HAS � �� PRE-EXISTING PROPERTY LIE I N0145'48E % / v a i '�'''</ i/, CREATING PARCELS 1A & 18 BEEN PREPAR D IN ACCORDANCE / "ARBELLA" `O WITH THE RU S AND REGULATIONS W � � rod 1 1sa j /� w c ,? / fora portion of CL OF THE REGIS RY OF DEEDS. o'Q 0 HAZA set FL00 _ ata �II Do RD DISTRICT LINE (ELEVATION 10.0) % % % %/ g $ ///�%%iii // / � } / / / I `_ %. rf /!-�i/,5%/////r/moi.%/ /Giii%i � • . W ii � .,,;- PARCEL 2B � ��m # 223- 231 Derby Street FOR REGISTRY USE ONLY #23 CONGRESS STREET ! and AREA= 14,127fSF 1 # 23 Congress Street ti ,i E G % (AREA INCLUDES BUILDINGS AND LAND) j Q "PRIVATEER" Salem Massachusetts Z j MARINA q N/F PICKERING WHARF REALTY TRUST > j f HILARY J. ROCKETT, TR %///i // / SALEM ASSESSOR'S MAP 34, LOT 447 EXISTING /i i/ /_ —%%/ a / Property iPro erty of: Pickering Wharf Realty Trust (978) 740-6990Y 13598, PAGE 532 PROPERTY LINES TO REMAIN i / ;s 84 Wharf Street, Salem, MA 01970 Date: July 12, 2000 o 26.94'. . / // PLDE #99-04 Scale: 1 = 20 Sheet 1 of 1 w aril i%r,'; �, ,,;, /� F / ,tee ; ,, it ii„iiii /,; oiizsA See•1s40'E o PATROWICZ Y 0O set �_ Do w I �l9�r _ • ' -_ . _ 's i "ARBELLA” LAND DEVELOPMENT ENGINEERING J — EMS �:: H I - 'nvcv ,E eLaersfAwAu / i i; 60 Washington Street, _ Salem, MA 01970 .L �,� 1 i 5 (978)745-2288 � � � � • �// i viii//,•,,, b / i // �) //iii,, NORTH SHORE SURVEY CORP. d IVER WED �� / // i 47 Linden Road. Salem, pa I DISTRICT L1Nt!; (978)744-4800 A 01970 (ELEVATION 4.44) _ J_