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121 ESSEX STREET - BUILDING JACKET Permit Listing Report by District Printed On: Tne Jan 26,2016 SQL Statement:Street No.like"121"AND Street like"ESSEX STREET' District Address(Work Location) District Zoning Owner Work Category Est.Cost Proposed Use And Detail Permit Type Permit No Online Permit No Permit Status Date Issued Contractor(Phone#) Work Description Fees Paid Check# 121 ESSEX STREET(0121 B5 PIONEER REALTY TRUST REPAIR/REPLACE $8,500.00 Commercial ESSEXSTREET) Building 1010-07 Expired May-29-2007 RICHARD ARNO COMPLETE FINISH WORK IN CONDOS $93.00 1292 1292 121 ESSEX STREET(0121 B5 Mahoney REPAIR/REPLACE $400,000.00 Commercial Other ESSEX STREET) Building 105-06 Expired Aug-02-2005 Groom Construction(617)212-8435 Q 105-06 RENOVATE BUILDING 1B $4,005.00 25536 121 ESSEX STREET(0121 B5 Heritage Salon Ventures LLc REPAIR/REPLACE $400,000.00 Residential Condominimium ESSEX STREET) Building 1090-06 Expired Jul-07-2006 Groom Construction(617)212-8435 Q Rebuild top(2)Floors For Condos $4,000.00 30611 121 ESSEX STREET(0121 B5 Heritage Ventures LLC,Andrew Mahoney, REPAIR/REPLACE $2,200.00 Commercial Other ESSEX STREET) Owner Building 173-07 Expired Sep-26-2006 JOSEPH MCCALL(781)599-7591 n REMOVE DISCONTINUED CHIMNEY AND REPLACE W/SERV ICE BAR $27.00 7029 121 ESSEX STREET B5 SALEM HERITAGE VENTURES,LLC, REPAIR/REPLACE $1,500.00 Commercial Other ANDREW MAHONEY Building 576-09 Expired Feb-26-2009 CATHAL GLYNN(617)719-8111Q SHEET ROCK MECHANICAL ROOM jhb $25.00 cash 121 ESSEX STREET B5 SALEM HERITAGE VENTURES,LLC, REPAIR/REPLACE $2,000.00 Commercial ANDREW MAHONEY Building 587-12 Expired Jan-04-2012 Howard A.Squires(815)495-1750 ATTACH A LADDER AND CAGED ASSEMBLY ON REAR OF BUILDING TO ACCESS RESTAURANT VENT $25.00 CASH GeoTMS®2016 Des Iauriers Municipal Solutions,Inc. Page 1 of 3 DATE OF PERMIT PERMIT No. OWNER 1135-0224 I LOCATION B5 1' 5/13/75 Moba Realtv Trust — STRUCTURE MATERIAL DIMENSIONS No.OF STORIES I No.OF FAMILIES WARD COST BUILDER 409/ Board of Appeal - To extend a existing non-conforming use. Denied. 6//9/98 11399-98 INTERIOR DEMOLITION ONLY. est. 4000.00 fee 29.00 K.G.G. 7/7/? T!O -9�' 4Al/F/i,,,- /�E.-✓o ✓io77biP F6, �FS/ukr�s.✓( 4/6/00 111118-00 NEW TRIM/CLAPBOARDS/ WINDOWS. est. 14,000.00 fee 85.00 T.J.S. I II 1 DATE OF PERMIT PERMIT No. OWNER LOCATION #35-0224-AOI B5 #345 9/22/71 Douglas H. Haley 121 Essex Street STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No.OFFAMILIES WARD COST 1 $,y4o.00 BUILDER Paint and reinstall sign in accordance with sketch submitted. 4/17/80 #116 (Owner-George Comonious) Replace sills,re-enforce vertical structure. ( Antique Store) , 7/7/98 11496-98 RENOVATIONS TO EXISTING STRUCTURE PER PLANS SUBMITTED. NO OCCUPANCY FOR 3RD FLOOR AT THIS TIME. est. 325,000.00 fee 1,955.00 K.G.G. 10/23/98 11904-98 SIGN PERMIT PER DRAWING SUBMITTED. "CRYPT CAFE" est. 1,800.00 fee 2000 P.S 10/27/98 CERTIFICICATE OF OCCUPANCY ISSUED ON PERMIT 11496-98 RESTAURANT ONLY.30.00 fee K.G.0 July 21, 2009 City of Salem Building Inspector 120 Washington St. Salem Massachusetts 01970 Mr. Andrew Mahoney Salem Heritage Ventures,LLC. 14 phillips St. Marblehead,Mass. 01945 [RE``121'Essex Street ear i s�— I am writing to address your concerns with the floor/ceiling assembly between the first and second floor at 121 Essex St. To get right to the point, I strongly believe the Assembly in question meets the STC Rating and State Building Code. And since a test for STC compliance by a qualified company costs in the $2500-$3000 range, I would be more than willing to have one of your Inspectors and an Architect meet me at the building to cut a hole in the ceiling to prove that the construction is as specified in Architectural reference or building manuals. What exactly is making you second-guess your own Inspectors, as well as Architects, and Structural engineers? The noise concerns in the building are much more complicated than faulty construction. As you may know,the building went through two major phases of reconstruction in recent years: the first in the years between 1998 and 2000 while owned by the Van Dell Realty Trust, which included gutting the entire building, and re-doing all systems and structural aspects up to and including the floor/ceiling assemblies separating the first and second floors. All joists were sistered or replaced, and massive laminated beams, as well as some steel"I"beams were put in place to tie together the two formerly sagging buildings. The ceilings were built using 5/8"drywall attached to strapping running across the joists, then resilient channels were run across the first layer of drywall, then another layer of 5/8"drywall attached to the channels. There is fiberglass batting between the joists, as well as air space, and 1/4" plywood subfloor above. It was later finished with'/4" solid oak flooring. (I know these details because the building was redone for The Crypt Cafe, which was owned by my brother and his wife.)I assume this was all signed off by all city depts. In order to get occupancy on the first floor. The second phase of construction started in 2006 while owned by SHV,LLC., and included adding structural steel posts and beams from the foundation to the roofline, and rebuilding the top two floors, from the subfloor of the second floor to the roof. This brings us to the present. We have not ignored this noise issue; we have been pro- actively working with the business owners and the unit owners to do everything we can. We have worked with Sounddown corp. to source materials for sound mitigation, as well as Acentech corp. of Cambridge for two separate sound and vibration readings, one in November of 2008, and one in June of 2009. It should be noted that even after following the advice of sound mitigation experts, the two readings were very similar. Undoubtably because of variation in volume of the bands amplification. The following is a synopsis of the noise issues: -Rob and Amanda Iannuzzi live right above where the band plays, and have stated to the licensing board and other authorities that they cannot hear any other noises from The Old Spot except the band; that even on Halloween night they couldn't hear the 100 or so people partying downstairs. -since the licensing board only limits # of band members in a band; there are no volume/decibel limits set when they issue an entertainment license. This is the major flaw in the licensing system. -The Old Spot refuses to turn their volume down because with an entertainment license, there is no noise accountability. -we added Icynene insulation to walls of the room where the band plays, and a Quietrock floating ceiling above where the band plays. Consequently,they moved the band to another area,away from the sound damping materials. -In the unfinished condo unit, we replaced all fiberglass insulation under the floor with Icynene insulation,then added 21b per sq foot rubber soundproofing material between the subfloor and the finished floor. Even with these measures the bass from the music still presents a problem. -The licensing board recommended a compromise between the Old Spot and the residents upstairs for the volume. Instead they ended-up bringing a Hammond b-3 organ to play. (a 300 lb. vintage bass organ with a massive speaker.) I appreciate your time, and I know your job is a difficult,but I've always known you to be fair. I hope this letter sheds a bit of light on this matter. Sin cely, ( ' Andrew Mahoney Manager SHV,LLC. Acentech Incorporated Telephone: 617-499-8000 33 MotMon Street I Facsimile: 617499-8074 Cambridge,MA 02138 E-mail: postbox@acentech.com AcenWh 60'ANNIVERSARY 1948-2008 July 1, 2009 Mark Mahoney Creative Juices, Inc. 100 Cummings Center, 220B Beverly,MA 01915 Subject: Follow-up Sound and Vibration Measurements 2 Hawthorne Blvd Salem,MA Acentech Project No. 620477 Dear Mark, We visited the residence at 2 Hawthorne Blvd#2, located above the bar at 121 Essex Street in Salem,MA on the evening of June 29,2009,in order to repeat measurements we made on the site on November 10, 2008 and reported to you on November 19,2008. During our visit, we measured noise and vibration levels before and after live music began at The Old Spot, the bar downstairs. This letter summarizes our observations and measurement results. Existing Conditions On Monday evenings, a 3- to 5-piece band performs at The Old Spot in Salem,MA;residents living nearby have complained about the noise and vibration levels at these times. The band plays from a location directly below the living room of the residence at 2 Hawthorne Blvd#2; during our most recent trip, the band played from a new location (under the same Living Room in the residence above), along the front windows of the bar rather than along the sidewall of the bar as they had in November. You told us that you had made some upgrades to the demising floor/ceiling construction using QuietRock®since our November visit. We have neither viewed x` nor verified this construction. Measurement Procedure We used a calibrated sound level meter to measure sound and vibration levels before and after the band began performing. Vibration level measurements were taken on both floor and wall surfaces. To our knowledge, neither the band nor the management of The Old Spot were informed of the measurements. We used an instrument-grade microphone and accelerometer to measure sound and vibration levels,respectively. We measured sound and vibration levels on second and third-floor locations. Our"ambient"measurements were made between 9:00pm and 9:30pm,prior to the start of the band's activity. Measurements with the band playing were taken between 10:20pm and Acoustics Audiovisual System Design Technology Planning V'hretion Quiet Product Design Mark Mahoney July 1, 2009 Page 2 10:45pm. During all measurements,`local"noises in the residences (e.g.conversation, televisions, etc.) were avoided so as not to distort the measurement results. All measurements were taken over a period of 30 seconds;median values("L50") for airborne sound and peak levels for vibration during that time have been utilized for the graphs and figures presented in this report. Subjective Impressions Residents at 2 Hawthorne Blvd#2 told us that typical bar activity noise—conversations, normal bar and dining operations, etc. —are not bothersome; only live music on Monday evenings causes the annoyance. Before the band began playing, the predominant sources of background noise in both residences were related to traffic noise through the windows. Activity noise from The Old Spot was not audible prior to the band performance.. During our visit,the sound of the band was clearly audible on the 2°d floor of the building in the residence at 2 Hawthorne Blvd#2. In addition, vibration in the floor and wall surfaces caused by the band performance is clearly noticeable in one's feet(standing on the floor) or to the touch (on wall or floor surfaces),particularly at locations on the 2°d floor. Measurement Results—Airborne Noise Figures 1 and 2, below, show the noise levels in the 2°d and 3rd floors,respectively, in the residence at 2 Hawthorne Blvd#2 before and after the band began performing. In each case, the left graph shows measurements made on November 104', 2008, as previously reported, while the graph on the right shows measurements made on June 29, 2009. For the measurements depicted in Figure 1, the microphone was located in the living room of the residence, directly above where the band was playing. On November 10'b, this location was at the side of the room along Hawthorne Blvd; on June 29th, the measurement location was along Essex Street. Although the band was in a new location, modifications had been made to the ceiling, and undoubtedly the band was playing somewhat different repertoire, the overall sound levels between the two measurement dates were remarkably similar: an average level of 45 dBA on November 10th and 46 dBA on June 29t. This 1 dB change is insignificant acoustically. Measurements depicted in Figure 2 were taken in the same location in the Yd floor bedroom in 2 Hawthorne Blvd#2. Again, the measurement results were quite similar: an average sound pressure level of 34 dBA on November 10th when the band was playing, versus an average sound pressure level of 32 dBA on June 29th. L%cente& Mark Mahoney July 1, 2009 Page 3 00 November 10,2008 June 29,2009 so 50 50 �NMbnt Nobe level.2na Floor +Nn01en1 Noise Lev01-2nd floor 6 40 — Bard Pmying-2nd Fbor,l-r6on2 of Band 01adn04nd Floor 4° Z 30 9 30 Z � e m J JID 20 @ 20 6 S E a 10 to N 0 0 16 31 63 125 250 500 1000 3000 4000 8000 16000 d0A 16 31 03 125 250 500 1000 2000 1000 8000 10000 d8A Third-Octave Band Center Frequency.Hz Thtrd-Octave Band Carl Frequency,Hz Figure 1. Sound level measurement at the 2"d floor living room of 2 Hawthorne Blvd#2,before after the band at The Old Spot began performing. The left graph shows measurements taken on November 10,2008,while the right graph shows measurements made on June 29,2009. November 10,2008 June 29,2009 60 60 50 50 Q. R. .e .e Q: 6 40 —,"bleMNoneleval-3M Floor —Bend Raring 3rd Root y y 40 •� ••e e'f --o---Band Playing-3rd Floor y 30 a d0 Y' 'I = 0 n �0 � 20 6 S Y. N 10 .C:r-♦.1.1-A 0 0 16 31 63 125 250 Soo 1000 2000 4000 8000 16000 am 16 31 63 125 250 600 1000 2000 4000 8000 16000 d8A Third-Octave Band Center Frequency.He Third-Ocial"Band Center Freq,wncy,Hz Figure 2. Sound level measurement at a 3`d floor bedroom of 2 Hawthorne Blvd#2,before after the band at The Old Spot began performing. The left graph shows measurements taken on November 10,2008,while the right graph shows measurements made on June 29,2009. Qcewe& Mark Mahoney July 1,2009 Page 4 Measurement Results— Vibration Vibration induced by the band performance was easily perceptible at 2 Hawthorne Blvd#2. Figure 3 shows the peak vibration velocity on the floor of the 2nd story living room (in micro- inches per second). As above, data from both measurement trips is presented. Standards suggest that vibration perception threshold is approximately 4,000 micro-inches per second; the measurement shown in Figure 3 show exceedances of that threshold. November 10,2008 6000.00 9 5000.00 4000.00 5 g 3000.00 E 2000.00 8 1000.00 0.00 r~'_.�._.-r_--�_-_�-._ _ _ _ _ ,_�•`_. 12.5 16 20 25 31 40 50 63 80 100 125 160 200 250 315 400 500 Third Octave Band Center Frequencies(Hz) tVibration with Band Playing-2nd Floor Ambient vibration-2nd Floor June 29,2009 7000.00 0 6000.00 5000.00 d s 4000.00 a 3000.00 E 2000.00 m1000.00 0.00 — — 12.5 16 20 25 31 40 50 63 80 100 125 160 200 250 315 400 500 One-Third Octave Band Center Frequencies(Hz) —f-Ambient Vibration Level.2nd Floor +vibration with Band Playing-2nd Floor,Location 2 - Figure 3. Peak vibration velocity measured on the floor of the 2nd story living room of 2 Hawthorne Blvd#2, before after the band at The Old Spot began performing. on November 10,2008. The upper graph shows measurements taken on November 10,2008,while the lower graph shows measurements made on June 29, 2009. &centeb Mark Mahoney July 1, 2009 Page 5 I trust this report includes the information you require at this time. If you have further questions, please do not hesitate to contact me directly at 617.499.8086. Sincerely, ACENTECH INCORPORATED Benjamin E. Markham Senior Consultant AceWAO& Acentech Incozpomted I Telephone: 617-499-8000 33 Moulton Street Facsimile: 617-499-8074 CambttdBe,MA 02138 E-mail: postbox@acemech.com AceWv& t50 h ANNIVERSARY 1948-2008 November 19,2008 Mark Mahoney Creative Juices, Inc. 100 Cummings Center, 220B Beverly,MA 01915 Subject: Sound and Vibration Measurements 2 Hawthorne Blvd Salem,MA Acentech Project No. 620218 Dear Mark, We visited the residences at 2 Hawthorne Blvd#2 and 125 Essex Street in Salem,MA on the evening of November 10, 2008. During our visit, we measured noise and vibration levels at both residences before and after live music began at The Old Spot, a restaurant and pub located below the Hawthorne Blvd residence and adjacent to the 125 Essex Street residence. This letter summarizes our observations and measurement results. We have also included some recommendations regarding possible future upgrades. Existing Conditions On Monday evenings, a 3- to 5-piece band performs at The Old Spot in Salem,MA;residents living nearby have complained about the noise and vibration levels at these times. The restaurant/pub has two"sections"—one section where the band plays, and another adjoining section with dining tables. The band plays from a location directly below the living room of the residence at 2 Hawthorne Blvd#2. You told us that the demising floor/ceiling construction comprises a double-layer 5/8" GWB ceiling suspended from typical wood frame structure, ample insulation in the ceiling cavity, and a wood floor on plywood subfloor attached to the wood structure in the residence above the restaurant/pub. We have not verified this construction. Adjacent to the restaurant/pub is a 2nd- and 3rd-floor residence at 125 Essex Street. The residence is adjacent to the"dining"portion of the restaurant,not the section where the band plays. We do not know the demising constructions. Measurement Procedure We used a calibrated sound level meter to measure sound and vibration levels in both residences before and after the band began performing. Vibration level measurements were taken on both floor and wall surfaces. To our knowledge, neither the band nor the management of The Old Acoustics Audiovisual System Design TwhnologyPlanning Tribrntion Quiet Product Design Mark Mahoney November 19, 2008 Page 2 Spot were informed of the measurements, so that the measurements represent"typical" sound and vibration levels on Monday nights. We used an instrument-grade microphone and accelerometer to measure sound and vibration levels,respectively. We measured sound and vibration levels on second and third-floor locations at both residences. Our"ambient" measurements were made between 8:50pm and 9:45pm,prior to the start of the band's activity. Measurements with the band playing were taken between 10:05pm and 10:50pm. During all measurements, "local"noises in the residences (e.g. conversation, televisions, etc.) were avoided so as not to distort the measurement results. All measurements were taken over a period of 30 seconds, and in each case the median value during that time ("L50")has been utilized for the graphs and figures presented in this report. Subjective Impressions Residents at 2 Hawthorne Blvd#2 told us that typical bar activity noise—conversations, normal bar and dining operations,etc. —are not bothersome; only live music on Monday evenings causes the annoyance. Before the band began playing,the predominant sources of background noise in both residences were related to traffic noise through the windows. Activity noise from The Old Spot was not audible prior to the band performance in either location. During our visit, the sound of the band was clearly audible on both the 2°d and 3`d floors of the residence at 2 Hawthorne Blvd#2. In addition, vibration in the floor and wall surfaces caused by the band performance is clearly noticeable in one's feet(standing on the floor) or to the touch (on wall or floor surfaces), particularly at locations on the 2°d floor. At 125 Essex Street, sound from the band in the adjacent restaurant/pub is just audible,but only in certain locations (such as the 2°d floor living room and one of the 3`d floor bedrooms). Band- induced levels of sound and vibration in these locations are only slightly higher than ambient levels and are only noticeable in the absence of other activity noise (e.g. conversations, etc.)in the residence. Measurement Results—Airborne Noise Figures 1 and 2, below, show the noise levels in the 2°d and Yd floors, respectively, of the residence at 2 Hawthorne Blvd#2 before and after the band began performing on November l0d'. Measurements in the 2°d floor living room,which is located directly above the band performance area,demonstrate a 10 decibel increase in sound pressure level on average when the band is playing(and more at some frequencies -see Figure 1). Such an increase roughly corresponds to approximately double the perceived loudness of the ambient sound level,which is consistent with our observations that the music is clearly and distinctly audible at that location. Measurements in the 3d floor bedroom, taken with the door closed and with one full story between the measurement location and the band performance area, demonstrate a substantial increase in sound pressure level at low frequencies(between 40 Hz and 250 Hz) and an average overall increase of approximately 4 decibels. AcewB& Mark Mahoney November 19, 2008 Page 3 60 50 AX7 — Ambient Noise Level-2nd Floor i 40 a —Band playing-2nd Floor 0 N Yi a 30 a J d 20 N N m a c � 10 0 N 0 16 31 63 125 250 500 1000 2000 4000 8000 16000 oBA Third-Octave Band Center Frequency.Hz Figure 1. Sound level measurement at the 2°d floor living room of 2 Hawthorne Blvd#2,before after the band at The Old Spot began performing on November 10,2008. 60 50 • .4, R o a 40 a. ---r--Ambiens Noise Level-3rd Floor ' ` z � +, 'w.W- ---Band Playing-3rd Floor MV 30 y ,;4 J l.� d 9 20 v �• c 10 0 16 31 63 125 250 500 1000 2000 4000 8000 16000 oBA Third-Octave Band Center Frequency,Hz Figure 2. Sound level measurement at a Yd floor bedroom of 2 Hawthorne Blvd#2,before after the band at The Old Spot began performing on November 10,2008. Acewv& Mark Mahoney November 19,2008 Page 4 Measurements at 125 Essex Street demonstrate a more subtle difference between levels with and without the band playing. Figure 3 shows that there is a notable increase in level at low frequencies (between 40 and 125 Hz), but essentially no change at other frequencies. This is consistent with our observations. 60 50 -+—Ambient Sound,125 Essex,3rtl Floor n a 40 --a—Band playing,125 Essex 3rd Floor 0 r m y 30 IR a d J d 20 N N m a` 9 C p 10 N 0 16 31 63 125 250 500 1000 2000 4000 8000 16000 dBA Third-Octave Band Center Frequency.Hz Figure 3. Sound level measurement at a 3rd floor bedroom of 125 Essex Street,before after the band at The Old Spot began performing on November 10,2008. Measurement Results— Vibration Vibration levels induced by the band performance were easily perceptible in various locations of 2 Hawthorne Blvd#2. Figure 4 shows the change in vibration levels(measured acceleration of the floor due to vibration,in decibels) on the floor of the 2nd story living room; Figure 5 shows peak vibration velocity (in micro-inches per second) from the same measurement data. Figure 6 shows the acceleration level data measured on a wall of the 3`d floor bedroom where residents have complained about pictures rattling and falling down. In both locations, the increase in vibration is clearly perceptible—at some frequencies, more than 30 dB of increase in vibration. Standards suggest that vibration perception threshold is approximately 4,000 micro-inches per second;the measurement shown in Figure 5 indicates an exceedance of that threshold in the 125 Hz third-octave band. Vibration measurement results at 125 Essex Street were not conclusive. QC�11�C�2 Mark Mahoney November 19,2008 Page 5 eg 50 —r-Ambient vibration-2nd Floor 40 —a—Ybratioo will Band Playing-2nd Floor m 9 —y 30 d J C O a` 20 10 0 12.5 25 50 100 200 Third-Octave Band Center Frequency.Hz Figure 4. Vibration levels(acceleration,dB)on the floor of the 2nd story living room of 2 Hawthorne Blvd#2, before after the band at The Old Spot began performing on November 10,2008. 6000.00 0 ^ 5000.00 4000.00 c v 3000.00 E 2000.00 A u c 1000.00 m 0.00 12.5 16 20 25 31 40 50 63 80 100 125 160 200 250 315 400 500 Third Octave Band Center Frequencies(Hz) --Vibration with Band Playing-2nd Floor --■--Ambient vibration-2nd Floor Figure 5. Peak vibration velocity measured on the floor of the 2a story living room of 2 Hawthorne Blvd#2, before after the band at The Old Spot began performing on November 10,2008. Mark Mahoney November 19,2008 Page 6 60 50 —.—Ambient Vibratian-3rd Floor Wall 40 --�Vibration,Band Playing-3rd Floor Wall m v —y 30 m J L O Z.' 20 C > 10 0 12.5 25 50 100 200 Third-Octave Band Center Frequency.Hz Figure 6. Vibration levels on a wall in the 3"floor bedroom of 2 Hawthorne Blvd#2,before after the band at The Old Spot began performing on November 10,2008. Next Steps Sound and vibration induced by the band performance at The Old Spot travels into the residence at 2 Hawthorne Blvd#2 by a variety of paths: directly through the air, and also via various structure-borne paths such as the exterior walls. Such is the nature of multi-use wood-frame buildings. A major redesign of the ceiling in The Old Spot (such as suspending a heavy ceiling with spring-neoprene hangers) may go some distance toward reducing the noise levels in the residence,but based on our measurements and observations, such an upgrade is unlikely to reduce the intrusion to levels that would he satisfactory. Hence, we do not recommend upgraded demising construction, but rather that this conflict be resolved administratively. I trust this report includes the information you require at this time. If you have further questions, please do not hesitate to contact me directly at 617.499.8086. Sincerely, ACENTECH INCORPORATED Benjamin E. Markham Consultant L%ceWAe& The Old Spot 121 Essex Street A.: Salem, Massachusetts 01970 978-745-5656 _ Thomas St. Pierre Building Inspection City of Salem 120 Washington Street Salem,Massachusetts 01970 RE: Request for Plans and Photos September 2, 2009 Dear Mr. St. Pierre, As a follow up to our telephone conversation on August 27, 2009, I am sending this formal request for copies. I would like a copy of all the"as built"plans for the renovation /construction done in 2003 for the building at 121 Essex Street. I believe the original plans were by Dennis Gray but request any/all other drawings,notes, studies,tests and photos that are relative to that project. Additionally, I would like copies of any/all"as built"plans for the build out/construction done in 2006 to create 2 Hawthorne Boulevard. I believe David Jaquith was the lead architect on this project but request that any additional drawings,photos, studies, tests or notes to your department be included in my copies. I am willing to pay for these documents if you let me know when they are ready I will come by and pick them up or if it is more convenient for you they may be sent to my home address at: 5 Wadsworth Place,Beverly, MA 01915. As you know my husband&I are being sued by the Developers,Andrew and Mark Mahoney. We have made several offers of compromise to the Mahoneys which have gone unanswered. I believe since all the occupants of 121 Essex St. /2 Hawthorne Blvd. are in agreement that there is sound transmission problem present,these plans may reveal where to look. Although I strongly disagree with your decision not to make the developer test the STC,I will respect your reasoning. Based on Thomas McGrath's letter to Andrew Mahoney dated August 4,2009, suggesting that field testing may help settle the ongoing dispute- I will assume that should we decide to perform the field test on our own that we would have your department's support. Sincerely, Milissa Oraibi 978-239-5044 THE OLD SPOT 121 Essex Street Salem, MA 01970 978-745-5656 Thomas St. Pierre Thomas McGrath Public Property Department 120 Washington Street 3d floor Salem, MA 01970 December 21, 2009 Dear Inspectors St. Pierre and McGrath, Please find enclosed my reports for Old Spot. I apologize again, that my dishwasher did not know to give you our green folder when you were there. t am sending the same reports out to Fire Prevention for their records. The photographs are of my current licenses/ permits. They are framed and displayed over our handicap bathroom in the dining room. I am guessing those were the permits you were looking for. We have them in this location as anything lower tends to be stolen in October! If there is anything additional you need let me know by telephone or email and I will make sure you get it. Thank you in advance for your consideration, Milissa Oraibi 978-239-5044 crockerd ile(a)comcast.net t ® SALEM FIRE DEPARTMENT ' INSPECTION AND VIOLATION REPORT" DATE: / !Gz STATION: ADD SS: a^ NAME. S '— PHONE: BLDG.CLASS: ALARM CO: r" ' OFFICER: . �tF%/iJ o'l F/F F/F MULTIPLE BUSINESSES,RETAIL SPACES,OFFICES,ETC HONE;# OCCUPANCY:-;" �P.HONE ii': OCCUPANCY .. 1 EXTERIOR "i 'PASS FALL N/A HEATING SYSTEMS PASS FAIL e 'N/A.'� EXITS ;'PASS !FAIL N/A' ELECTRICAL PASS,/ FAIL `. N/A FIRE ALARM SYSTEM PASS FAIL N/A FIRE EXTINGUISHERS ASS f FAIL N/A SPRIlYKLERS <; PASS "FAA '.N/A 'STANDPIPES PASS FAIL NIA,/ y r, EMERGENCY LIGHTS 6 SASS / FAIL N/A KITCHENS PASS FAIL "=N/A 'STORAGE ""PASS,.^'FAIL N/A PERMITS YES l NO N/A OTHER:'VIOLATIONS AND'COMMENTS , r �> F7� - ,.k� i k REGULAR INSP. UARTERLY INSP.. SCHOOL INSP. , FonP#16.(Rev..6/2003) �f ' ,r't' ` `..".�yr . ! "` WHITE COPY: EIRE PREVENTION... PINK-COPY: OWNER RED ALERT ALARMS MARBLEHEAD LOCK$SAFE 13 STAGECOACH ROAD' TOPSFIELD,MA 01983. - - - . 978.887-9504. - 12/11/2009 Email 13stagecoachraa_@comcasLnat - 65-1002 acct# re: The aide spot 121 Essex at Salem Fire 7441235 - Edwards fire shield 5 zone All fire detecting devices tested in the restaurant have passed - The electrical room the panel was never finished a fire would travel from floor to floor before detected _ lstfloor Fail FACP ` - -49�- - Fail FACP electrical room smoke ' "er instal Date IWII113 FACP battery Fail Central Station Notification <E!R9> Fail Outside ham/strobe above FACP electrical room door Fail Outside ham/strobe above restaurant door �pss� Fail E10 switch Date -%vr, o 4 Ansul system must be tested by Ansul company date sprinkler must be tested by sprinkler company a9jsFail pull _ Fail smoke Pass Fail ham strobe _ -Fail mens strobe C Fail mens heat None has sprinkler head Fail lady's strobe Fail lady's heat None has sprinkler head dining rm Fail ham strobe ® Fail smoke Fail byHPbath heat Fail hp bath at -- None has sprinkler head s�5 Fail hp bath strobe -Fail Kitchen heat " © Fail heat Rearexit - Fail pull Rear exit ass Fail ham strobe Rear exit 1ss Fail smoke basement Apartments Fail Side entrance to 2nd floor ® Fail smoke as} Fail pull - - Fail ham strobe Fail rear entrance a Fail heat a Fail pull Pas Fail ham strobe - - Fail 2nd floor, ass Fail 3rd floor 12/112009 Page 1 the%20old%20spot%20fire%20alarm%20test%20repon[1I ADDAX FIRE PROTECTION LLC 978-373-3399 P,O.B1.OX 5012 MA#4659 BRADFORD, MA 01835 -Name 1 ©k=t Date of Service oQf?.S�o9 Address !;kOK Sr-- system Manufacturer .+iS q 1 City :a je '4 Model & # of Cylinders R '0 &z, State A44 Zip Control Type ktnman Phone Fuel Shut Off Type Size I � 91y - Contact Cylinder Location ri'2; .i'o FP h�� — Appt Time Last Hydro Date(s) til Notes Systeme Does Meet UL-300 System Does Not Meet UL-300 COOKING APPLIANCES &SIZES'. 3�nfan !/ R QT SYSTEM PASSES INSPECTION` SYSTEM DOES NOT PASS INSPECTION ALL APPLIANCES PROPERLY PROTECTED Y SYSTEM INSTALLED IN ACCORDANCE W/MFG UL-✓ DUCT AND PLENUM PROPERLY PROTECTED✓ INSPECTION TAG ON SYSTEM V/ TEST FOR PROPER OPERATION FROM REMOTE/ CHECK TRAVEL OF CABLE J REPLACED FUSIBLE LINKS✓ PROPER NOZZLE COVERS IN PLACE PIPING&CONDUIT BRACED PROPER LY✓' CHECK CARTRIDGE WEIGHTY/ _ PERSONNEL INSTRUCTED�IIN SYSTEM OPERATION EXHAUST FAN OPERATING V CARTRIDGE LIFE J i-�C ,� LAST HOOD CLEANING DATE L'Itc�.- (;Pd✓ COMMENTS PRESSURE GAUGE IN PROPER RANGE V- �(C f.-f.P/' 4'rL^� 1/t �C/if_ 'C-E XC-eJ" { ,ns�rn/�.O �✓ 360 ML 500 ML 360 KG 500 KG CART DATE NUMBER&TYPE OF I w FUSIBLE LINKS _f--� NUMBER&TYPE OF FIRE 5-ABC 10-ABC 5-BC 1010=8C K-T1YPE CO2 EXTINGUISHERS ON THIS TE,THE ABOVE SYSTEM WAS TESTED AND INSPECTED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDED SPECI� ATIONS WITH RESULTS INDICATED ABOVE.YOUR SIGNATURE VERIFIES THIS PISPECTION WAS DONE SERVICE TECHNICIAN FE# DATE -CUSTOMERS AUTHO ZED AGENT \ CONTRACT ADDILEX FIRE PROTECTION LLC 978-373-3399 P.O. BOX 5012 'BRADFORD, MA 01835 MA#4659 Agreement is made between: AddiLex Fire Protection LLC TJop , (3fa Sme r P.O. Box 5012 & ►moi ls�,r ST Bradford, NIA 01835 Where authorization is given to AddiLex Fire Protection LLC to inspect and maintain the automatic fire suppression system(s) installed in the at on a semi-annual basis in accordance with the requirements of the National Fire Protection Association Standards, and the standards of the local authorities having jurisdiction( '21kf 1 pre, DRrxu rr.•,4 . The Fire Suppression System shall be thoroughly inspected by qualified personnel and a Certificate of Inspection issued upon completion of the Inspection. Work is to be performed during normal working hours and any deficiencies in the system will be brought to the owner's attention in writing to obtain authorization to conduct changes or repairs. Any parts and or labor needed to replace defective parts or changes made other than routine will be charged for over and above the normal inspection fee. The cost of each inspection on each system will be$ 106plus $ ►�_per link. The above terms are agreed to and acceptable by: AddiLex Fire Protection LLC P.O. Box 5012 & Bradford,MA 01835 CoGoin• �� �cati,'z Sr�c�rd1 M:t `ss� ��t17, Pr' ted Name Printed Name Signature Signature �.,,rte-�-� y wrt,✓ Title Title Date: ©q��5� i Date: Please sign BOTH copies of this contract z �. < U9TAtw1 -"r$�a� '0 DATE •.�" � _ ADDRESS. l 3 CITY,STATE ZIP SOLD�BYI "CASH C.O D CHARGE ON ACCT. MDSE RETD.:PAID OUT QUAN:.. ':DESCRIPTION PRICE• :`AMOUNT =i FF r FF- 1. 7 y C 8 0 fin. F > RECEIVED BY ;9 H Baas aaos ' KEEP THIS SLIP FOR REFERENCE -' � - ,: { F. Fn k r �� �v.�?f rSPX..u. a %. eu+l lrs+a x"..,C,.F..�, z iF2 .v.�r'SS'✓YLJ�`Q&d? HOOD MASTER Courtesy After Service Report Certified Exhaust Cleaning &Service 100 GOVERNORS DRIVE #8 Date of Service: WINTHROP,MA 02152 617-605-0600 Property Property Address ` � City State/Zip: /.. 1 ! { > > t 'r - Job Contact: Phone: Entire System Cleaned ales ❑No (see comments) Shaft Leaks ❑Yes (see comments) 111No Pilot Lights Relit After Service ❑fres ❑No (see comments) Fan Left On To Dry System [, &es ❑No (see comments) Inaccessible Areas None (all areas accessible) ❑Yes (see comments) Additional Access Panels Required None ❑ Require# access panels Fire Suppression Tags Current dr Yes ❑No Fan Working Prior to Service Yes ❑No (see comments) Fan Hinge Kit Required Yes ❑ No. V-Belt Replaced ❑ Yes No (see comments) Grease Containment Kit RecommendedQ'Yes a No Additional Fan Wiring Recommended ❑ Yes [J'No (see comments) (to enable removal of fan) Filter Condition 0 Good ❑ Poor ❑ Filters Needing Replacement# Poor ❑ Recommended Frequency: every months Frequency of Service [`Good d Comments: r - i%ll�� Description This formis a report on the access and deanability of the exhaust system. It is meant to assist in making your system more fire safe and improve service. Due to inaccessibility of some areas, this report may not include all information on the system (see above). This report is provided asr a free customer service only, not a.paid consultation. It is the owner of the system's responsibility to take appropriate action to modify any deficiencies, noted hereiWeo can not be responsible for owner negence on the l igence. part to correct or investigate deficiencieskould result in damage to owner's property. Certified Technician Signature: (,! Restaurant Representative. Date Fire SptlMdat HisfaNefhm&l>issdgtt - T = '� - - ', FAX 8786963063 pe.I OF 2 926tatd SbBSi 1 /'� 09860 - 2009 1i WP RT# 001 ' OLD SPOT REST.& RT TO ANDREW MAHONEY Buffj3M�OR�Anm CONDOMINIUMS STREET 121 ESSEX STREET 01970 INSPJOHN BRACKETT CITY&STATE SALEM, MA 1�1°Oii DATE 11 /041,09, Y88 WA • x t.a �MmBoammd�win�riOa doova6adb9mimarer awnds .._. B.Lsaavpmcy maemi + mfiO °d:�'O°maorowods -- — x X mp�¢nmtive? f C.Ase an symetsts in scr*d D.Awallfum . syswmssomashat toia�asr>mrnan by x _ Daae W names tepaDw%9 E is bdidng cmpkt*,psiaimaed mcadimgtoiofcsmatimfsmisbd x F.Amolltameadditismdbwldim8 WoPedY by oww or*wn%`$mPmsw9mive? G.Isongackorstompbelowsprintlaboads. A 69 X propene 'i FL was pene bccoffmGince last um spm- Sao - °I orbyamw$tomemadadve awlsinmy fcaonasepwwdunt) :man at®s - Llamemsprobwwbywatsymem.dsstha6mld' apprb6epmpad9>rm�d ; -.x =WMbhudmdgp arema�ateonmGeaimopeaiogaFs°temodenumm - ofrddaiR - x. 2.QMG2 1.VALVES - x A.Ate all slaidda s9swm maimomnd vdaa aPm? x B.Amanabwvzd%winpopcpoAliw 9 1 W C.AteaAcamolwhsasim�Oodemditioa,sea4:d._mtpta�d'X - X 3. ENME mssamt:r•s A.WmawuwflGwtatmadeaodrmdtsaat Y? - x 4•TAMMM93SMt�iasmd=ndw"and pmFmy A Are firegmtps.8mv�'maks,cescwiomdpesmm. mWnmmcd? Lime,cepa impleeeand x B.Am&edept o�xtioo m m idlaa g . chwkvalves tight? 5.=s"imls x I A.An cold weadw vahas opm or clmed w its B.Batt:ataFf9eeA'sysoama6xntestadaIldles9naatr�aam>rom>d� _ C Amolatm vahts.wmv naw im6ealma BndlWeldanlsa>i 6. sn '"� "...__ a lsdtyvalve'insetvicemdimgmdcmW=? X B.dsateptessma mdtaiotimgwmtarlevd no�l7 ;. g C.Lsvjrc=ptasmtimgmd m? D.WmclowPvmisdmmcd*u=gfmlladwiotm'iaapeAiwe4 - g E.Amgaici g=dagdwd= mswviW . X F,Have dryvataos been uipscsmd satisfaatmy as nWhoo G.Atedry valves adeq®tdyptoteaed fnmt�B? B.Amvdyehouseaadh=wcom UoQWti Pr 7. a Waevahes testedas ttxp>irod? seeiedamtesolm - � B.wamsgwwn�pmsivc and nsdtssati�mmt5� C Weresupavismyfeemas /L Atewam'mototam gong test ssaiefoaasl? X B.is cicada ab m twtsetisfaamy9 - C.Issttpavamy dmm astviealestsmt4'aaay7 X 9. r; i"=F Cx A.Am all VrWdas m good Om%tim,�; a� �A° eo8 lmdio6? B.Am VA spmddm Ips Amo 50 yens old.(25 yaw Asim)? j C Ata ema WinUas mmd7 aydlab f _ . .. X - D.bconditianofpryimg denim salaes.dceckvalsss hm�e is Op°0 X and saamem sotid'edwy? - X E.thmsp Wdm been dnelasf fat proper tempemtum ttdm8? X F.Am pmabie fm wd4uWm in pod mom? G.Is band hose oa modder system SWS&GM4 . ,CK Tg p qss ,rv4p S -i�":Rs.'4"� ^RaCSma; hAz�k-us'a�t�n, �3 _ 37g.53(�r,,.5.,0{53 - - - PG.2 OF 2 SRANT MT JABODY,MA 01960 . 2009 INSPECToMREPORT REPORT# 001 DATE 11/04/09 PROPERTY OLD I SPOT REST. & CONDOMINIUMS: 121 ESSEX ST na to.nate dryn'taopWmBtetctwc lfor9oPpw 11.Data dry*tmv�e1kur tag dM&M tr'ry ?for properW a ar O Iz»atedtyp ---mot un se 13.Wasystems: No? 1 Makeanit model? 14.Dryrystart: No?—Make and model? a ,..:w:. 15.Spe� *111 sNo?—TYPc Make and model 9 Y ir n— good 1 1 Cry conuectian control valves Tank comml valves Pempcoauvlvalves Sectional control valves.__._.. Tank na as Pump na Dsh }} waror flow t st. City ic 75 tut 1--6D--Ps. 2" dr ieynte,etveeA�'eitvse Water Bow tat Static 7 F oat ltesidoa 18.Explanation of any"No"answers- 19.Recant changes in building or fire protection e4°1Pment. 20.Adjustments or wrrectians made. 21.Desireable_IIW-o ements. Dry System Trip Test. tripped at lbs.in Initial air_psi Initial water_Ps' Dr d waWMOW lig operate __ Watesflow at inspector test in Cl to and seats cleaned and in good canditim. Did electric alarms operate Water SPP1Y tinned on_Alllow points drained DUPLICATE SENT TO STREET 21P CITY&STA E ATTN. C I I YNI NA t_\ IIU9 �'IY o�S�L�n yr.p�y(�yU • " ��J 2009 I 12 - 21 - 09 ,c . "4 10 J� O Ab a, Jc 0 Ob G Fa< v �S i 12 -21 -09' JIr a a� • a.. pit J r? Q 60 — IZ— Zi i , i \ ax 1 Q Q A oiQ �a Q �4� Cftp Df 6arEm, :0la5!9arbu!9Ettg PLANS MUST BE FILED AND APPROVED BY THE INSPECTOR PRIOR TO A PERMIT BEING GRANTED Laeatlae di{ /Z/ �-�S�iC S Y vok CombM Dedc.shot Fool ' . �0. AlS. . Faus�atioo OdY.Wei Other. PLEASE M L OUT LEGIBLY& COMPLETELY TO AVOID DELAYS IN PROCESSING To the bm pmw of Bui)dbWL �0 bu*Y aPplies for a panic to build a000 Wft to the followiop apaciBwim ow 12 fe ��� Ceetneear: H s i city es Sa _ 2y Esse S ;; c . Fbeee ( sute Fe�a(7£s 1, 59 a 3.5 A,ehiteo : a Tlf � � f� cry 1S.r.I.feii Street n(Qn I S ?' CiqAL&J State>_„ Mp 0 state/ Ph0°` & .Z 2 ,2a sawwam smes Fe��yp no Shn�ue:(PM cbde) Si Ble Family. Mubi Family r Oda INkmeed Con er jab S • WW bttYtllK oulits M iw+ �j,� ,p Mb.eMar_Jrn Sao Dan(pdm of in la be Mee: Dn Sebrpm; so Mail Penait to f w"e APPI etdiaty S GNED UNDER THE PENALTY OF PERRIURY CTION B OM�PLETED WITHIN SD((O MONTHS OF PERMIT ISSUED DATE Dgwuo m use ody: r v J Funk he S .� cakaurs: 4mJa�e \IN D1, PARTM 1, NT F-APPLICATION FOR PLAN EXAMINATION AND BUILDING PERMIT ALL BUILDINGS EXCEPT ONE AND 2 FAMILY DWELLINGS IMPORTANT: .kIlplicants must complete all items on this page SITE' INFORMATION Property Address 01410 Located in: Conservation Area Y/N PJ Historic district Location Name EX Building- APPLICATION DATE Use Groups (check one) Group Homes R3_R4 Residential (3 or more Units) R2 wef Type of improvement Residential (hotel/motel) Rl (check one) Assembly (Theaters) A I New Building Assembly (restaurants & clubs) A2r—A2nc Addition Assembly (churches) Al Alteration Business B Repair/ Replacement Educational E Demolition Factory(moderate hazard) Fl Move/Relocate Factory(low hazard) F2 Foundation Only High Hazard 11 Accessory Building Institutional (residential care) 11 Institutional (incapacitated) 12 Institutional (restrained) 13 Mercantile N1 Storage "S I _Moderate I lazal LI.I ., Storage S2 —L,)\% I Lizard O%%.\j.:I4SHll, INFORNIA FION(Please tv ur Print 4learly) OWNER Name Address Telephone Signature DESCRIPTION OF N%ORK 1'0 BE PERFORMED SW ILWk H� c6ft(*C&l 140M.. VS I EMA YED CONS'I RUCTION COST CON I'RAC'IY)R IN I,ORNIA"PION Name CAI n L C NAI ,address ILI � M Telephone /-f - Construction Supervisor's Lic # Home Improvement Contractor# ARCIII'I'ECT/E'NGINE'ER INFORMATION Name Address Telephone a; Mass. Registration # ____ d >, �K PERMIT FEE.CALCULATION Estimated Cost x $11/$1,000 + $5.00= COMNIENTS The undersigned applicant does hereby attest that all information stated above is trite to the best of my knowledge under the penalties perjury Signed lL (owner) (agent) APPROVED 13Y : , DATE APPROVED: /N h/�� ' What is the current use of the Building? If dwelling.how many units? Material of Building? Asbestos? Will the Building Conform to Law? Architect's Name Address and Phone Mechank'sName 6one l �d �m /Y7G q �u- y�q —ga55 Address and Photo Coffift lon Supervisors License it �3g2�� HIC Registratbn C5 d Permit Fee Cakulatlon Estim o Me ated ! " mated Cost X$741000 Residential Permit Fee i - _ EstYnated Cost X i111s1000 Gommercie�---- -- - - An Additional$5.00 is added as an Administrative charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building Permit to build to the above stated specification. Signed under penally of periury X✓ r "" Date S �� M U Ate ; V i $ z96 -- - - E- 4 �-- E jumi PUBLIC PROPERTY DEPARTZMENT /C�� ��� WI o� 1MA.K UAtfAOI{:Sk1lS 01970 TEL M743.959S•PAZ M74&"* APPLICATION FOR THE REPAIR. ItENOYATION CONSTRUCTION. DEMOLITION, OR CHANGE OF USE OR OCCUPANCY FOR ANY EXISTING STRUCTURE OR BUILDING 1.0 SITE INFORMATION " Location Name: Building: �'al �,SSex 5�'• _ Properly is boated In a:Conservation Area YIN Hlstoit Dlsirict YIN 2.0 OWNERSHIP INFORMATION IL Owner of Land Name: v d-- VL�✓�� Address: j e 1 &-ex- Telephone: 3.0 COMPLETE THIS SECTION FOR WORK IN El(18IU+lG BUILDINGS ONLY Addition Existing Renovation Number of Stories Renovated Change in Use New 3 Demolition Existing Approximate year of Area per floor (sf) Renovated construction or renovation of existing building New Brief Description of Proposed Work: are z e n,y\Mail Permit to: City of Salem Sign Permit Application Worksheet CIL _ n 20.1an-15 S'ER�I ES �.J Olde Main StrepMSCT��K��' 121 Essex Sffr''est OZoning(res/non-res) 29 P 51 Entrance Corridor(Y/N) Lot frontage 43 feet Building frontage 34 feet J J #of businesses on site 1 Biding dist from street center 20 I Multiplier 2 ZD F r maximum area permitted 68.00 sq ft total proposed sign area 14.00 sq ft sign 1 length 168.00 inches height 12.00 inches sign 2 length 0.00 inches height 0.00 inches sign 3 length 0.00 inches height 0.00 inches sign 4 length 0.00 inches height 0.00 inches sign 5 length 0.00 inches height 0.00 inches maximum area permitted sq ft(per side) maximum#of signs permitted signs maximum height permitted ft tall sign 1 proposed sign area 0.00 sq ft length 0.00 inches height 0.00 inches proposed sign height 0.00 ft(approx) sigri 2 proposed sign area 0.00 sq ft length 0.00 inches height . 0.00 inches proposed sign height ft Application meets guidelines set forth in the Salem Sign Ordinance - Yes Recommend approval Yes Permit Number. APPLICATION FOR PERMIT TO ERECT A SIGN NOTE:BUILDING PERMIT MUST BE OBTAINED BEFORE SIGN IS ERECTED Location,Ownership and Detail Must Be Correct,Complete, and Legible Salem,Massachusetts Date To the Building Inspector: � /! The undersigned hereby applies for a permit to MErect, o Alter, o Repair a sign on the following described buildings: Street Address Zoning District o Urban Renewal Area a Entrance Corridor lx o Historic District Aone Telephone 9 7 99 3 1 floor Jagnt S,' - ,/QQwt " floor Address 43 S-ovc?{i AIR(At S� / V floor - _ - Telephone 7r 3 - 0964 floor - - E-mail - How many businesses are in the building? ft a corporate body,name Frontage of res sible.oNicer • .p(5 ably LAL - I Building 3 S' 7 linear as Construction Sup's License No Applicant's Space(if multi-tenant)35,7•, linear feet Address Property - - linearfeet - Telephone Mail Sign Permit to E-mail 99,ign Owner o Sign Erector o Other: Proposed Signs(11 more than Wtee s.uns are oroposed. anach add,4,cnal sheets) SI n1 Sign2SI n3 "' dace - o Surface ❑Surface _ o Right Angle to Building ❑Right Angle to Building o Right Angle to Building ❑Free Standing o Free Standing ❑ Free Standing ❑Awning - o Awning ❑Awning o Portable(A-Frame) ❑Portable(A-Frame) ❑Portable(A-Frame) ❑Other(specify) o Other(specify) o Other(specify) Sign Materials I Sign Materials Sign Materials Sign Dimensions/Z: /4 Sign Dimensions Sign Dimensions Sign Area / Sign Area Sign Area CP ; A s ft sq it sit Sign Height(if free standing) Sign Height(if free standing) Sign Height(if free standing) Estimated Cost of Net Work $ 4 f3 WWI &.1pim Type Sign Area To Be Removed? Sign Owner o Surface sq it o yes ❑no ❑Right Angle to Building _sq ft ❑yes ono ' - Owner's Re resentative ❑Free Standing sq ft ❑yes ono Sign O Authorize p ❑Awning stiff ❑yes a no ❑Other(specify) sq R o yes o no P ope Owner Internal Review C.tit &Community Davelopment Department Historical Commission- Approval Building Inspec or . W2a10 m t� LetQ WJI �t ?1� /ems &-Ir (�vfi 5la J Capital letters are approximately 14" tall 66' 65" 65" 36" 65" 65" 20" [ Otte train gtreet -- -U b 10' 33' 7" Commonwealth of Massachusetts y b t 13. City of Salem Y , 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 m,n Return card to Building Division for Certificate of Occupancy Permit No. B-15-100 FEE PAID: $0.00 P IT TO BUILD DATE ISSUED: 2/3/2015 This certifies that CAPE ANN SIGN has permission to erect, alter, or demolish a building 121 U1 ESSEX STREET Map/Lot: 350224-801 as follows: Signs SIGN PERMIT AS'APPROVED FOR 'OLDE MAIN STREET PUB 1 bs ' r s � r'h it eta � a c i E i t R '1r vv 7 ", RH k7 Contractor Name: Pr auaa w d :. w­Q, f, DBA: _ a I e Contractor License No: 2/3/2015 k 5f� Building Official W a k �t Date t 4 j Yl� 1� ,t: g.;: "Y iy ry h v This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request = A { I ig,..u: „ All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any gbuilding and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. ' t, �' r Ey aih IPx n 'x� w :�` i _ I -. . .., ,,.. 1. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. H?- -y; �.u` in,, H IC #: Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL a142A). A,�h t'' w r' q£ , Restrictions: Sri l 3t` hi+` ' la ti 3 �,ab C l +3 moils a: ;A Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. L[ ct-- 4Ll TIC —1 N — RECEIVED The Commonwealth of MassachAMPT Department of Public Safety p A (� OS W \-htssachusetts State Building Cude(7Ro CNIR) �14 04j 22 Building Permit Application for any Building other than a One-or Two-Family Dwelling ('Mis Section For Official Use Only) Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block k and Lot 8 for locations for which a street address is not available) 7e "Ae CJ/(/ s,9o7 No.and Street City/Town Zip Code Nam-(if applicable) SECTION 2•PROPOSED WORK Edition of IMA State Code used If New Construction check here❑or check all that apply in the two rows below Existing Building Repair I Alteration ❑ Addition❑ 1 Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ 1 Other ❑ Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No 4S. Is an Independent Structural Engineering Pour Review required? Yes ❑ No Brief Description of Proposed Work: RePA=R SaA% lac e- A iror,�t0 C3A R CAN ex De cry r - SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq. ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-l ❑ A-2❑ Nightclub ❑ A-3 ❑ A4❑ A-5❑ B: Business ❑ E: Educational ❑ F: Facto F-t ❑ F2❑ 11: High Hazard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ 1: Institutional I-1❑ 1-2❑ 1-3❑ I-4❑ NI: Mercantile❑ R: Residential R-10 R-2❑ R-3❑ R4❑ � S: Storage 5-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCCfON"IYI'E(Check asap liaible) G\ ❑ IB ❑ IIA ❑ I1B ❑ IHA ❑ IIIB ❑ IV ❑ 1 VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CNIR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: 'French Permit Debris Removal: Public❑ Check if Outside Flood Zone❑ Indicate municipal❑ A trench will not be Licensed Disposal Site❑ inquired❑or trench or specify: Private❑ or indentify Zone: or on site system❑ permit is enclosed❑ _ Railroad right-of-way: Hazards to Air Navigation: \{:\1 i gnun� si ....•... Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed ElYes❑ or No ElYes❑ No ❑ SECTION 8:CON FENT OF CERTIFICATE OF OCCUPANCY Edition of Cade: Use Group(s):_ Type of Construction:_ Occupant Load per Floor:. Does the building analain an Sprinkler System?: _ Special Stipulations:. /J� .I_. V� II IfP P' Ur SECTION 9: PROPERTY 06VNER AUTHORIZATION Name and Address of Property Owner ,/ '4 'ie ili •�^ � )<, Jrt / Sgle rvt ✓✓I /! Ctic77� SHfevh.c L F_t( GFu1 ��re3 uC /.2/ / SSEt S Z Name(Print) H No.and Street City/'town Zip ";10 -0 Property O�i'vne,�Contatt Information: &yDre lv mg Pl/ �P )�-� 'ride Telephone No.(business) 'Ccicphone No. (cell) e-nail address If applicable, the property owner hereby authorizes TV OA v74 4J PO. 3e{ yaof Oc-1gdvgy vM4 oi9ci Name Street Address City/Town State Zip to act on the property owner's behalf, in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) If building is less than 35,0W cu.ft.of enclowd space and/or not under Construction Control then check here 0 and ski Section 10.1 10.1 Registered Professional Responsible for Construction Control r,% O AtvTA OAT 7/r�- - f ✓o4 yAV&,P�/c7 nc.4 1 C S �'70a3 Nance(Registrant -- Telephone No. e-mail address Registration Number yc� Sl rJ�/�r3a/J i ;MA o _ 1 _�o��//r_ Street Address City%Tot n State. . Zip - Discipline Expiration Dale-: 10.2 General Contractor ,L, nI r 7442,1r Company Name :DA AIM19(1/Y /Y/Z/9Z FX- y�Zlo16o Name of Person Responsible for Construction License No. and Type if Applicable No? /exafa rz. pW/1( apy m A 0/ /0 e;c Street LA�ddress City/Town State Zip /fZipp d- !0� 7�� 106,f PuvTaP aJ tom/ //c//YwA 1/Ccn Telephone No. business Telephone No. cell a-mail address SECTION II:IY_UI:KL-:h5'(:OMMINSA I'K?N INSMANCF AMD;WII' bt.G.L.c.152.9 25C6 A workers'Compensation Insurance Affidavit from the DiA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this ap plication? Yes❑ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs: (Labor 'C and Materials) Total Construction Cost(from Item 6)_$ 1. Building $ SOd Building Permit Fee-Total Construction Cost x_(Insert here 2. Electrical $ appropriate municipal factor)=5 3. Plumbing $ �I. 1. Mechanical.(HVAC) $ Note: Minimum fee=S (contact municipality) 'i 5. Mechanical Other S Enclose check payable to j6.Total Cost S 0 D� (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the b Z f ty kn vlem ge and understanding. onrT o /�7s� — P ease print and sign nanme Title Telephone No. Date o , G�,71 cZ g 0/9/(/ Street Address City/Town State Zip Municipal Inspector to fill out this section upon application approval: U / Name Date a -- The Commonwealth of Massachusetts l� Board of Building Regulations and Standards CITY OF r Massachusetts State Building Code, 730 C NIR ti,\LE\I 'y.,•• Revived tGv JUlI Building Permit Application To C'onstnlct, Repair. Renovate Or Demolish a One-or rwo-Fandlr Dn elling This Section For Official Use Onl Building Permit Number: ate Applicd• Ituilding Oliicial(Print munc) More D u SECTION I: SITE INFORMATION 1.1 Property Address: 1.2 Assessor M1lap Sr Parcel Number I.la Is this an accepted street?yes no 'lap Number Purcel Number 1.3 Zoning Information: I.a Property Dimensions: Zoning District Pripuscd Use Lot Area(sq 11) Franlase(11) 1.5 Building Setbacks(R) Front Yard Side Yards Rear Yard Required Provided Re ircd Provided Required Provided 1.6 Water Supply:(M.G.I.c.JU,§Sq) 1.7 Flood Zone Information: 1.8 Sewage Dispwal System: Public tSl Prirale❑ Zone: _ Outside Flood Zone? Munici eid� On silo dis wl s-,tun ❑Check if es❑ P Pu' 3� ' SECTION2: PROPERTY OWNERSHIP' 2.1 Ownert of Record: � rW I_tr G /O l G(/o,sfSla.^e Q✓'r'+� � r e Mane(Print) City,Slate.ZIP ��11 No.and Street �ltAtCK& / . (.( 44/7 relephune Email AcHress SECTION J: DESCRIPTION OF PROPOSED WORW(check all that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ 1 Repairs(s) ❑ Alteration(s) Addition ❑ Demolition ❑ Accessory Bldg.❑ Number of Units_ Other ❑ Specify: G q,p a ie- BriefD�es7criptii n roposed Work': C C e aLSS _ SECTION 4: ESTIMATED CONSTRUCTION COSTS Ilan Estimated Costs: (Labur and Materials) Official Use Only I. Building S I. Building Permit Fee: f Indicate how fee is determined: 2. Electrical S ❑Standard CityiTown Application Fee ❑Total Project Cost'(Item 6)x multiplier 7. Plumbing S ,. Other Fees: S -- — a. Mechanical III\'.\C) S Lisle- 5. Mcch;mical (Fire -- — — — tiu+ucsiunl S Total .\II Fms: S --__ - --- ----- - ---.._.. . Chcck No. _Check Anwunl: C,uh \mount: _ n. Total I'rnjcct Cast: 5 Z4Br , Osr ❑Paid in Full ❑Outstanding Bal;nce Due: Y1 Rl ' 10 SECTIONS: CONS"I'RUCr1ON SERVICES 5.1 Construction Supepir ense(CSL) 6, yoQ2Z f2, � 3c 1 License Nunlher I spir,liou laic Nantc ol'l'SL Iluldcr ._9V.Iq lC Ueicripliun No. .utd.titrect U 1 inres(ricled l lluildin+s a to iS,n00 nl. Il.l _Z)_�� _ Restricted LC2 Fwnd Dwellin town,Sl;uc.LIP / .. . . AI Masonry RC Roolin Cuserin A'S Window:utdsidin x/5- SF Solid Pucl Iluming Appliances os- 1 So uldun Tck• hone I'load address D Dwnolilion 5.2 Registered Home Improvement Contractor(f11C) R 4 3 IS- / L 14 �`r v/p e �1 I /�� �'�" /+ — I IIC'Registration Numher I?spirol m Date I Ill' mp Idlj yume or I IIC' Itcgislmn Nunle p r / /'1 H / t� I�-�r3v;dt S� /ear/�/ +w'/ No. d Street fail address City/Town.State,ZW rcle hone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.e. 152,f 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes ..•....... No...........❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize to act on my behalf,in all matters relative to work authorized by this building permit application. Print Uwner's Nwne(Electronic Signature) Date SECTION 7b:OWNER' OR AUTHORIZED AGENT DECLARATION By entering my nalne below,I hereby attest under the pains and penalties of perjury that all of the information contain ill this a ica n is true and accurate to the best of my knowledge and understanding. Print dotwr's or: uta,riicd, ronl's Name ll(la4nmie.Signature) Date NOTES: I. An Owner%vhu obtains a building permit to do his her own work,or an owner who hires an unregistered contractor (nut registered in the Hume Improvement Contractor(HIC) Program).will no have access to the arbitration program or guaranty fund under I.G.L.c. 142A.Other important information on the HIC Program can be lUund at w,,,, m.n, ,+ ot I Information on the Construction Supervisor License can be found at ,+ 1+, aria 2. When substantial wurk is planned, provide the infunnation below; folal flour area(sq. 11.) _ I including garage, finished basenlent'attics,decks or porch) Gross living area l sq. 11.l " _ Habitable room count INuoberof fireplaces . .. Number ofbedrowns iNumberolhalhrooms _ N'llltMOfhlllih111115 -_ I)pe of heating i)slenl _ . ." N'unlher of decki, porches � 11 pe PI i,+UIIIL_' ip ilelll i 1, "I'ol;d Project Square Fool'•Igc-nuq he suhstitulcd for"folal Project Cost" The Commonwealth of Massachusetts 1W Department of Public Safety ;i ( \lass.trhusots State Build ing Code(780 C\IR) Building Permit Application for any Building other than a One-or'I-w velling ("Phis SCCh(lrl For Official Use ChdV) Building Permit Number: _-_ Date Applied: _ " 0&177 Building Ofl'iciaL _Lr-� SBC7-ION 1:LOCA I ION(Please indicate,Block B and Lot N for locations for which a street address is not available) No. and Street City /'I"owo /ip Code Name of Building(if applicable) SECHON 2:PROPOSED WORK Edilion of.%M State Cod•used — If New Construction check here❑or check all that apply in the two routs below Fxisling Building Repair Alteration ❑ 1 Addition❑ 1 Demolition ❑ (Please fill out and submit AppendiX 1) Change of Use ❑ 1 Change of Occupancy ❑ Other ❑ Specify:----- -----_-- Are building plats and/or construction documents being supplied as part of this permit application? Yes ❑ No 2, Is an Independent Structural Engineering Peer Review required? Yes ❑ No Brief Description of Proposed Work:" SECTION 3:COMPLETE rills SECTION IF EXISTING BUILDING UNDERGOING RENOVA"rION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is cnclusctl(See 780 CNIR.N) ❑ Existing Use Group(s): _— Proposed Use Gruup(s): -_— SECTION 4:BUILDING HEIGHT AND AREA -- Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq. ft.) Total Area(sq. ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1 ❑ A-2❑ Nightclub ❑ A-1 ❑ A-I❑ A-5❑ 1 B: Business ❑ E: Educational ❑ F: Fads F-I ❑ F2❑ 11: Hi h Hazard H-1 ❑ H-2❑ 1-1-3 ❑ 11-4❑ 11-5❑ I: Institutional 1.1 ❑ 1-2❑ 1-3❑ 14❑ �I: Mercantile❑ R: Residential R-I❑ R ❑ R,1❑ R4❑ S: Storage,, S-1 O S?❑ 1 U: Utility❑ Special Use❑and please describe below: Special Use I SECTION 6:CONSTRUCrION TYPE(Check as applicable) lA ❑ IB ❑ HA ❑ IIB ❑ IBA ❑ 11113 ❑ IV ❑ 1 VA ❑ V11 ❑ SECTION 7:SITE INFORMATION(refer to 780 C\lit 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit Debris Removal: Public Cl Check if outside IlooJ Zone❑ Indicate numicipal❑ .\ trench will not be Licensed Disposal Site❑ required ❑or trench or s1w6ty:.. I'rivate❑ or indrntily Tone: _-- _ or on site sVste°t❑ permit is enclosod❑ y _ Railroad right-of-way: [lizards to Air Navigation: Not \pplii al+le❑ Is tit ntitun•within aupnrt apprndch area? Is their n•v ivw:omplviod' +u C nn,ant In Budd enrl1„e+1❑ 1 es❑ or No❑ I N es 0 No Cl SEC I ION 8:('ON7liN7'OF('FI(1ll:lC,C1'E OI'OCCUI':\NCY 141innn ul Code, . L'sr l:nnip(.(: . . _ I\}•e.0 CGnt...... l ..ul+.ud I.nad per I loon Pot, lhv building;t oolammt Sprinkler ;Jwt1,11�Iipulalio!ts: _ SECTION 9: PROPERTY OWNER AU'r IIORIZA'IION N.ww and Address ut Proprrty Owner. ^.'�'\`u_�.�_��0.�y' _ _�_�l W•�.1t1[I/Z1�-�� � 66// _'r u �r /�� >` �y -- Nome(Print) I No.and Street City/'rows "Lip Properly Owner Contact Information: 4 z ot Tille telephone No.(business) Telephone No. (cull) e-mail address If applicable, the property owner hereby authorizes Name Street Address City/Town State Zip la act on the property owoei s behalf, in all matters relative to work authorized by this building permit a p lication. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) If building is less than 35,0W cu.ft.of enclosed s ace and or not under Construction Control then check here D and ski Section 10.1 111.1 Registered Professional Responsible for Construction Control Naas(Registrant) "relephune No. c-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Dote 10.2 General Contractor Gea Ee. �1ttres Coas-j_rv.c-�-j7AJ Company Name tn �D d 3 at�re r cA-r cC Naas of Person Responsible for Construction License No. and TVp r Apple able Street Address City/Town State Zip Tclo phone No. business TO e I e-mail address -- SECTION 11:1P11,KII:1; \110NINh1j1,AVc'I'.i1 10 ,\kII M.G.L.c.152.9 25C6 A Workers'Compensation Insurance Affidavit from the h1A Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the isnice of the building permit. Is a signed Affidavit submitted with this a lication? Yes L9� No C3 SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor s -, r.v and Materials) Total Construction Cost(from Item 6)=S 25067. I. Building S d r, a Building Permit Fee=Total Construction Cost x_(Insert here 2. Electrical S appropriate municipal factor)-$ 1. Plumbing S 1. Mechanical (HVAC) $ Note: :\lininnun fee=$ _(ConLnct municipality) i. ,\Icchanical Other S _ Enclose chn'k payable to — n.Total Cost S �5 fin, — (contact m inicip,ulily)and write,heck number _-- SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT lie cnivring me name below, I hercbv attest under the pains and penalties of perjury that all of the infonuation,ontainud in this application is true and accurate to the best of my knot%ledge.md understanding. Noast.print and s, n name Title - 1,lu phone No. hate I �.q �lrcct Address Citni Rncn tilatc Zip Municipal Inspector to fill out this section upon application approval: ------ - ---- Nome -----Imat`r_--- 0121 ESSEX STREET 232-08 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM GIS#: 526 Map: 35 Block: SIGN PERMIT Lot: 0224-201 Permit: Sign Category: SIGN Permit# 232 08 PERMISSION IS HEREBY GRANTED TO: Project# JS-2068-000488 Est. Cost-. $2,568.00 Contractor: License: Expires Fee Charged:$0.00 Signs Unique Balance Due:$.00 - Owner: Salem Heritage Ventures LLC #of Fixtures Applicant., Signs Unique DigSafe# AT. 0121 ESSEX STREET UseGroup ConstClass ISSUED ON 23-Aug-2007 AMENDED ON. EXPIRES ON. 23-Dec-2007 TO PERFORM THE FOLLOWING WORK. SIGN PERMIT AS PER APPROVED FOR (OLD SPOT RESTAURANT) 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: SIGN REC-2008-000544 23-Aug-07 x $0.00 `I GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ozg SP67-- s LP .�.• i o r� The Old Spot r .., QC-) "7; '„i.. i3 , rn 121 Essex Street , + ` ; , co t- Salem, MA 01970 p �� September 28, 2010 Building Inspector Thomas St. Pierre 120 Washington Street Salem, Massachusetts 01970 RE: 121 Essex Street STC Code Violation Dear Mr. St. Pierre, I am in receipt of a copy of the May 28th letter written by Andrew Mahoney to your office. The letter is in regard to an existing problem with their building at the address above of which I am their tenant. The letter is not entirely truthful concerning their efforts to correct the violation and I would like on record the reason why it has not been addressed. I am not preventing or holding up this work in anyway. As a matter of fact I have been begging both your office for over a year and the Mahoneys since May of 2007 to fix this problem. If the STC code is corrected the lawsuit they filed against my operational noise may be resolved. The only way to know is to do the work. I am frustrated that multiple visits to your office about this problem have not resulted in any fines or real time solution to date. Your office has been more than fair by giving the Mahoneys the benefit of the doubt back in July of 09. It took me another six months and permission from the court in January 2010 to open the ceiling to prove that the plans they produced for your office were grossly misrepresented. As Inspector McGrath witnessed not one of the entry holes made by my expert reflected what was represented as being the ceiling currently in place at Old Spot. We also gave the Mahoney's the benefit of the doubt immediately following the test to see what they could work out to fix the problem. As Mark and David Jaquith were present for the test there was no question of the ceiling/insulation deficiencies. It wasn't until two months later when they had not responded to the findings, that we brought the report to your office and again requested help and enforcement. Thomas McGrath came out to Old Spot and confirmed the accuracy of the report, issuing a code violation to the Mahoneys on March 17'”with a demand for field testing in thirty days. I was told by my Attorney (not your office)that you were allowing them to fix certain areas identified in my report before performing the test in an effort to keep cost down. I even agreed that seemed fair, as my main objective has always been to operate without threat of additional lawsuits by the unit owners and the Mahoneys. I am disappointed that a copy of the Notification of a Code Violation was not sent to each of the unit owners as this type of violation directly affects their quiet enjoyment and because they are part owners of the building as well as partial plaintiffs in the suit. =s I have gone in on two consecutive Mondays @ 8 to meet with contractors and Mark Mahoney to discuss a mutually agreeable"plan" of how to fix the floor ceiling assemblies. The problem in a nutshell is this- Mark does not want to pay to close our pub in order to do the necessary repairs. He had proposed that his contractors come in at 7 and work until 3 so we could open for dinner. This would take approx 3-4 days. I disagreed with that plan as I had been told by my contractor and Mr. St. Pierre that this was a"shut down" situation. In order to add the quiet rock all my track lighting(5) , 4 chandeliers, 2 ceiling fans, 6 emergency lights and 2 sprinkler heads need to be"dropped". Channels would be hung,then the quiet rock, plaster, paint and finally reattach all the electrical. I doubt your office or BOHwould allow me to open for dinner with my lights hanging from the ceiling in between the work being done. I suggested maybe trying to arrange the work around July 4`s as we could close voluntarily, as we usually do around that holiday for a few days. This would save some of the expense of doing the work. I never heard back from Mark on that offer and have told him our next voluntary closing would be Nov I". I am hoping your dept. will enforce the order for them to correct his problem so that we may know if it eliminates complaints from the unit owners above. I do not like it when I am thrown under the bus and identified as a trouble maker. Mr. St. Pierre told me back in September of 2009 that if I could prove a violation that your office would enforce it. You may also remember a conversation about safety versus sound. Understanding that safety always comes first in a triage situation-We have been very patient waiting our"tum"to get this resolved. A sound violation is valid and it affects everyone in this building or they wouldn't have sued us. The lawsuit that the Mahoney initiated against us,which is still pending has cost us tens of thousands of dollars to defend our business. It is Distressing to know that had the building been built up to code relating to sound transmission, there may not have been sound issues that resulted in us being sued. I have also been informed that the architect that was involved is not insured, so recourse and remedy for all parties, not withstanding the lawsuit, will rely on your actions. Please make this be the time that our request to correct this problem is finally addressed and enforced by your office. We have respected your decisions to date. We have gone through all the right channels and successfully defended our lease and permitted use with Community Impact, Licensing, Board of Health and Superior Court over the last two years. The problem is the building and we would greatly appreciate the City's hold the developer accountable and elp to expedite a resolution. It is my understanding that Building Inspection is the correct office to enforce and follow through. Sincerely, Milissa Oraibi 978-239-5044 Cc: David Gallagher Esq., Fire Prevention, City Solicitor, Thomas McGrath ,r .f- THE OLD SPOT 121 Essex Street Salem, MA 01970 Thomas St. Pierre 978-745-5656 / Public Property Department 120 Washington Street, 3d floor Salem, MA 01970 June 2, 2009 Dear Mr. St. Pierre, Pursuant to our telephone conversation two weeks ago, I wanted to give you an update on our situation at 121 Essex Street, also known as 2 Hawthorne Boulevard. As you know, we had a band test to evaluate if recent construction has made any marked improvement to sound issues brought up by the unit owners after the build out at 2 Hawthorne Boulevard. We invited Sergeant Rocheville of Community Impact as well as Building Inspection and Licensing to be present at the test so that we might understand who will be the definitive authority on the issue of noise/entertainment. We hoped to benefit from their opinion on how to proceed. Unfortunately, no one from these governing Boards and Departments were present for the test. I spoke extensively with all the unit owners that evening as well as the Building Developers, Mark and Andrew Mahoney. We are all in agreement that the building did not turn out as planned after the build out. I asked the Mahoneys to work with me and get the building tested by a sound/structural engineer to ensure all guidelines by the architect had been followed to bring the building into that STC rating of 45 that you pointed out in the State Building Code. Additionally, I told them that I would help in anyway possible in obtaining that report. While we are waiting for any testing the Mahoneys may approve, we feel compelled to move forward in advocating for our business, The Old Spot, toward re-starting its live music program. t would like to go on record with Building Inspection that the only issue holding up our live music is the Vibration bylaw contained in the City Ordinances which was enforced by Community Impact. I have included a copy of my letter to Sergeant Rocheville requesting that his department NOT enforce the vibration bylaw and to allow the rulings made by the Licensing Board and the Salem Superior Court Order to stand. My reasons are outlined within that letter and I will present them to the Licensing Board. For your reference, he emailed me just before our band test and indicated that his Department wanted Licensing to handle this issue. L._ r On a separate note, I am including a copy of our last exhaust cleaning. My company, Hoodmaster, has confirmed that with the modifications made to the false chimney by Salem Heritage Ventures, they can now maintain the fan and chimney up to code. I will send copies to both Lieutenant Griffin and the Board of Health as well. Thank you again for taking the time to explain code and offering a path that may be helpful to all parties. Sincerely, ---------- _ Milissa Oraibi 978-239-5044 The Old Spot 121 Essex Street Salem, Massachusetts 01970 978-745-5656 Licensing Board 120 Washington Street Third Floor Salem, MA 01970 978-745-9595 June 3, 2009 RE: Return to Monday Night Music Dear Chairman Shea and Board Members, I am writing to you to let you know that we will be starting up our Monday Night music with Headshaft at the Old Spot. At the Board Meeting on December 8, 2008 , the Board granted approval of our entertainment license for 2009. I have included a copy of my last letter to the Board with details of our progress in moving the location of the band and a plan for the landlords to add insulation to the walls and ceiling. You will remember that we had been at a stand still when our=landlords, the Mahoneys, had asked that our band be shut down for breaking a city bylaw on vibration. We have r G?j 6 been working with our Attorney and the Mayor's Office for a clarification on the vibration bylaw relative to musical instruments. I know we all hoped we could find a compromise with the condo unit owners but so far, that doesn't seem to be on the horizon. We have also been working with the Mahoneys to fix the building problems and agreed back in January that neither party would pursue legal remedy for 60 days. We are now at 160 days with a few new results. The insulation and quiet rock that our landlords installed seems to have made a difference in respect to "vibration." We had a band test on May 14, 2009 with all parties present and there was no evidence of pictures shaking, water glass jiggling or appliances moving with the music. You can hear the music from the floor below but it is no more than what I would expect to hear living over a pub. The details of the band test and comments from the condo unit owners are written out in my letter to Sergeant Rocheville along with a request that his department not enforce the vibration bylaw on our Monday night music. We have questions as to the bylaw being equally applied to all pubs and restaurants that have live music as well as the fact that the new insulation seems to have cured what Sergeant Rocheville witnessed back in November. We did invite Community Impact, Licensing and the Building Inspector to our band test. Unfortunately none were able to attend. I received an e-mail from Sergeant Rocheville stating that the police thought the issue was more on target with what Licensing does and I agree. I am not sure if that meant that his department would no longer enforce the vibration bylaw at Old Spot and have requested that the bylaw not be enforced in my , particularly where there is a real issue whether the section cited by Community Impact applies when related to musical instruments. I told Sergeant Rocheville that Licensing had already made a ruling on the noise at 121 Essex Street, and that the only thing preventing us from having our band back was his enforcement of the city bylaw. The ruling that Licensing made was to allow the Monday night music to continue until the Superior Court case that the Mahoneys, (on behalf of the condo unit owners ) had initiated could be heard in court. I am hoping that the Board is still of the opinion that The Old Spot is not breaking any Licensing rules regarding our Entertainment License and will look favorably on having our band on Monday Night return until our case is heard in court. We also have approval from the Essex Superior Court to continue our live music (see attached). We have been following all the correct channels to remedy this situation but are truly at a disadvantage not having music even on that one night each week. Brenden and I would be happy to come in and answer any questions the Board may have. I am also including copies of the letters I've written to Building Inspection and Community Impact so that everyone has the same information and can make a decision as to who will oversee our request to go back to Monday night music. With the opening of the Tavern and summer upon us, The Old Spot needs its Monday night live music to stay fairly stay competitive with other local businesses offering the same. We are thinking of starting back with our Monday Night Live Music program toward the end of the month and will keep the Board updated. Thank you for helping facilitate the conversations that led to this recent construction and the elimination of the vibrating problems in the condo units. Talking to both the unit owners and landlord has indeed moved us forward. Milissa Oraibi 97&239-5044 The Old Spot 121 Essex Street Salem, Massachusetts 01970 978-745-5656 Licensing Board 120 Washington Street Third Floor Salem, MA 01970 978-745-9595 RE: Follow Up on Music Relocation @ 121 Essex Street Dear Chairman Shea and Board Members, Pursuant to the Licensing Hearing on December 8, 2008, I would like to report our findings to the Board. I apologize in advance that this has taken so long. It was challenging to find a mutually agreeable date for both the band and the condo owners at 2 Hawthorne Blvd. Once a date was agreed upon 12/23, we paid our band to come and `.`set up" in different locations of our restaurant and play at their typical volume. We are limited to the number of "different locations" in the restaurant because it is a small space to begin with and we need to be mindful about our handicap accessibility. We were disappointed that although both condo owners agreed to be onsite that day, only Rob Ianuzzi who occupies the unit above our dining room was present. Jeff Lee was a no show. That said, we questioned Rob as to whether he could live with the band playing in the location just in front of the windows on the Essex Street, dining room side rather than the elevated stage area that the band had been using. Rob was noncommittal that day and said he would talk to Amanda about it and we could be in touch after the holiday. I ran into Rob on January 8, 2009 and asked if we could talk about the test sites from 12/23. He and I spoke at great length about the band, vibrations, other problems with the building and how we may be able to work together so that we all got what we wanted. Ultimately, I pushed for an answer to our immediate problem of noise/vibration with the band. We are going on eight weeks without music on Monday nights at a substantial financial loss to our business. I asked if he had spoken to Amanda and had any thoughts on the new location, specifically- if we moved this band to the front windows, could he live with it. He admitted that although it was slightly better, the bass was still a problem and he would prefer that the building be fixed to eliminate more noise/vibration. I agreed this would solve both of our problems and any future problems that may arise when the last two units sold and there were two more condo owners in the mix. We have agreed to stay in touch and share information about the building and possible landlord cures as they are introduced. In the meantime, I invited Mark Mahoney to coffee to discuss possible compromises and to point blank ask his motivation for the lawsuit and his goals for the building outcome. We had a very civil conversation that touched on both party's issues. I felt it was productive. The next step for Old Spot was our renewals for building and fire. Here we hit a few snags. There are issues with the building that are code issues for both Building Department and Fire Prevention (specifically the chimney/ exhaust and the electrical closet). I had conversations with both Ed Paquin and Lt. Griffin regarding our License renewals and how the problems with the building would affect my business. Both Building and Fire gave us a pass to renew our License for the time being with a Violation Notice issued to the Mahoneys to fix the problems in thirty days. Notice of violation was sent out and signed by Thomas McGrath. I can send a copy if you need one. I believe that the combination of Licensing putting us in a room with the condo owners on 12/8, my meeting with Mark Mahoney and the Notice of Violation from the building dept. have ignited a spark in our standoff. Recently, I have received emails from Mark Mahoney advising me that they will put their lawsuit against Old Spot on hold for 60 days while they try to insulate the electrical closet and apply quiet rock (sheet rock) to our unit. I appreciate that they will attempt to address the soundproofing issues in the building and have agreed to hold off our interrogatory answers for the 60 days. For the record our goals- short and long term have not changed from the time we purchased McSwiggins two years ago. We are anxious to get back to operating a pub style restaurant @ 121 Essex Street with live entertainment without incident from our landlords and the owners above. I hope we will be contacting you soon to inform you of progress being made on these issues. Thank you in advance for your efforts to facilitate a solution. Sincerely, Milissa Oraibi S.. THE OLD SPOT 121 Essex Street Salem, MA 01970 978-745-5656 Sergeant Rocheville Community Impact Police 95 Margin Street Salem, MA 01970 RE: Vibration Ordinance Follow Up June 4, 2009 Dear Sergeant Rocheville, This letter is sent as a follow up to an ongoing issue between our business, The Old Spot, and the Landlord of, and occupants residing at, 2 Hawthorne Boulevard. First, let me state that I believe in rules, checks and balances. I have never questioned Community Impact's authority or right to cite us for what it believed to be a criminal offense (breaking the city vibration bylaw). It is this respect for order within the City that has guided our decision to refrain from playing live music at The Old Spot until we have gone through the correct channels to resolve the matter to everyone's satisfaction. I received your email suggesting that after reviewing my case with some higher-ups in the Police Department, it was decided that this should be resolved by Licensing. I absolutely agree. Ours is an issue that should be governed and/or decided by the Licensing Board since it pertains directly to our Entertainment License which is issued by the Licensing Board. Ours is a unique problem in that there are many issues, not just the music. We have been served with a Cease and Desist Order, a 30-Day Eviction Notice and a Temporary Injunction to halt Live Music, all of which have been denied by the Superior Court. Licensing recognized the many levels of this case. At three separate hearings including our annual renewal for 2009, it decided in our favor to allow us the right to live entertainment while the court action our landlords initiated on behalf of the condo owners makes its way through court. It was only after our landlords did not like the rulings of both Licensing and the Superior Court did they seek relief in the form of the city's vibration bylaw. Our research has demonstrated that there is a real issue whether the section of the bylaw cited by Community Impact applies to musical instruments. I am asking that your Department therefore not enforce this bylaw with regards to my business until such time as it is resolved in Court. I am writing to The Licensing Board to let them know our plans to continue our Monday night live music program. I make this request for several reasons. I met with all the unit owners and my landlords for our band test on May 14. We did this test to see if the quiet rock and blown insulation had made a difference to the unit owners and the vibration they complained about. I went up into the units above the dining room and bar, COPY as well as the unit over our kitchen, while the band was playing. I did not witness any vibrating appliances, pictures on the wall, glasses of water or furniture moving by itself. I believe the construction has minimized, if not eliminated, what you witnessed back in November, and I appreciate the effort made by the Mahoneys to correct the problems of the building. It was loud when the band played but I could also hear my husband in the kitchen talking to a waitress about her order. What I mean to say is that there are bigger problems with the building than just our band or radio, but vibration is no longer one of them. All of the unit owners reported to me that they were told by real estate agent Ted Richards that we would stop having live music once they moved in. I told them that they had every opportunity to speak to us before they moved in about our lease, music and/or what our entertainment license encompassed. They also had every opportunity to check out the condo on a Monday night to see how the live music might affect them BEFORE they purchased. All agreed that they should have done both of these things. I asked them what their expectation was when they moved above a "pub"that advertised live music. They all said that they believed Ted when he said there wouldn't be anymore live music and their expectation now is for it to be quiet with just"muffled" noises coming from our pub. I explained that 1 didn't think it was fair for them to dictate how I could run my pub unless they were willing to help pay the bills and that it sounded like they had buyers' remorse. I have to run my dish machine after 10PM and we have marketed to a late night crowd of mostly restaurant industry people. I asked them what they would do if they had been in their condos for two and a half years and then I came along, put in the pub and demanded that they stop playing music and television after 10PM as it disturbed my customers (sort of a shoe on the other foot scenario). They couldn't comprehend what I was asking them. In fact, they told me I had no right to the live bands since the residents were in agreement with their disapproval of the live music. I went on to explain that they purchased in a commercially zoned district and that 1 am operating well within my lease and within the Entertainment License I was issued by the City of Salem. I also pointed out that my License actually covers me for live entertainment 7 nights a week and I was willing to only have live music on 1 night. The evening ended with me suggesting to the landlords that they should have the building tested to find out the STC rating. This was the suggestion Building Inspector St. Pierre made to help both parties find a solution. After speaking to Inspector St. Pierre, 1 am not convinced the building will pass the minimum standard for noise. This is bad news for the landlords but it would at the very least give them ammunition with the architect or builder in order to correct the problem to the Building Code. I told the Mahoneys that I would help in anyway I could to get this test done. We also touched on previous offers I had made for a reduction in rent in exchange for no more live music or a buy back of the business. I believe the Mahoneys are now considering these options. Another reason for asking that you not enforce the vibration bylaw is that there is still a difference of opinion on whether"vibration" in the ordinance pertains to rock blasting and construction or the broader coverage of musical instruments. In my conversations with you, I asked if any other restaurant or pub had ever been shut down specifically using the vibration bylaw to be applied to live music?You said that The Old Spot was the first that you knew of. If this bylaw is indeed intended to include musical instruments, it seems unlikely that anyone from Pickering Wharf has not already tried it as a defense against music in the restaurants down there. I feel as if I am the only pub being held to this standard. If every pub and restaurant in the City were held to this same standard, would their live music pass under the vibration bylaw? I'm sure you've heard the one about the guy who buys a house next to the airport, then complains that the planes are too loud. I feel it important to note that before the owners at 2 Hawthorne Boulevard moved in, we had over 200 bands play, many with more than 5 pieces—yet we had not one music complaint in two years. This clearly supports that the problem is within the building itself. This leads me to my last reason for requesting that your Department not enforce a vibration infraction at The Old Spot if Licensing gives me the go ahead to start music again. When reading the vibration bylaw closely, there are phrases under Section 22-1 (8)Vibration, regarding "vibration perception threshold" and "property boundaries." Please see the attached. Arguments can be made for the subjectivity of an individual's "vibration perception threshold." I could feel a slight hum on the floor boards but certainly not a steady vibration or"beat" coming through the floor from the music. Also, I did not observe, nor was any example Pointed out to me by the unit ownders, that would fit the visual observation of moving objects during the band test in the unit owners' condos. I do believe that the work done to the ceiling and walls in my unit has cured the "vibration issue". Additionally, one could argue that the "property boundary" of the public space (Old Spot) does not mean the second and third floor of the same building. I think it pertains to the building next door at 125 Essex Street, which was included in a sound test by the Mahoneys and found NOT to be affected by the sound or vibration (see attached report from Accentech). In this one case, and because it is not clarified in the bylaw, I think the condominiums upstairs are essentially the same property as the pub given they have the same address, and are part of the same tax bill. Separating into condominiums doesn't necessarily make it a new property boundary and there is no clear ruling on new condominium construction and boundaries as it relates to this clause in the bylaw. For these reasons above, and because we believe this is an issue created by the landlord and developers, we respectfully ask that your Department not enforce the vibration by law on The Old Spot and our live music, when we start up our Monday night program. Please let the rulings of Licensing and The Superior Court stand until the issues can be worked out legally. We will continue to keep lines of communication open with our landlords in an effort to help them correct the problems they have with their building. We will entertain any ideas or offers they may come up with to eliminate this problem. We plan on adhering to all the binding contracts of our commercial lease. We will continue to respect the rules of our Entertainment License and respectfully ask that we be exempt from the vibration bylaw until such time as our court case can be heard. I'm sure this is more information than you need, but 1 feel compelled to share it with you as I am fighting this battle on too many fronts. I am confident that once all departments involved have the facts and recognize that we are trying very hard to work through the correct channels of authority, a decision can be made quickly and favorably. Sincerely, Milissa Oraibi Crocker Cc: Licensing Board Thomas St. Pierre Attachments: Essex Superior Court Order# ESCV2008-02036 Report from Acentech Bylaws on Vibration Sec. 22-2. Noises enumerated. The following acts, among others, and the causing thereof are declared to be loud, disturbing and unnecessary noises and to be in violation of this chapter,but such enumeration shall not be deemed to be exclusive: (1) Radios, television sets, musical instruments and similar devices. Operating,playing or permitting the operation or playing of any radio,television,phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound: a. Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance as set out in section 22-1 across a real property boundary, except for activities open to the public and for which a permit has been issued by an appropriate authority in the city. b. In such a manner as to create a noise disturbance at 50 feet(15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space or in a boat on public waters. c. In such a manner as to create a noise disturbance to any person other than the operator of a device,when operated by any passenger on a common carrier. This subsection shall not apply to noncommercial spoken language covered under section 22-1. (2) Loudspeakers/public address systems. a. Using or operating for any noncommercial purposes any loudspeaker,public address system, or similar device between the hours of 10:00 p.m. and 8:00 am.the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. b. Using or operating for any commercial purpose any loudspeaker,public address system or similar device such that the sound therefrom creates a noise disturbance across a real property boundary between the hours of 6:00 p.m. and 10:00 a.m. the following day on a public right-of-way or public space. (3) Animals and birds. Owning,possessing or harboring any animal or bird which frequently or for continued duration makes sounds which create a noise disturbance across a residential real property boundary. (4) Loading and unloading, manufacturing activities. Loading and unloading of boxes, crates, and containers at all commercial and/or retail establishments. Loading, unloading or other handling of boxes, crates,containers or building materials or similar objects and the engaging in manufacturing activities between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. (5) Construction and blasting a. Construction. Operating or permitting the operation of tools or equipment used in construction or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance issued by the building inspector pursuant to this Code and notification to the police department. Before a waiver is granted,the city council shall be notified that a waiver is • t24 'AW 40 being considered. A copy of any special variance issued by the building inspector pursuant to this subsection shall be forwarded to the city council. b. Blasting, rock crushing,jack hammering, hydraulic blasting,pile driving. The operation of drilling and/or blasting equipment,rock crushing machinery, pile driving, or jack hammers used in construction,reconstruction,repair, or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Saturdays, Sundays, or holidays, except for emergency work of public service utilities, or by special variance issued by the building inspector pursuant to this Code and notification to the police department.No special variances for any work herein shall be granted by the building inspector for work on Sundays or holidays without prior approval of the city council. Any special variance issued by the building inspector pursuant to this subsection shall first be approved by the city council. c. No special variances for any work herein shall be granted by the building inspector for work on Sundays or holidays without prior approval of the city council. All building inspectors, in addition to police officers, shall be enforcing persons for the purposes of this subsection 22-2(5). (6) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle,motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary. All building inspectors, in addition to police officers, shall be enforcing persons for the purposes of this subsection. (7) Explosives,firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance issued pursuant to this Code. Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized. (8) Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 100 feet from the source if on a public space or public right-of-way. For the purposes of this subsection,the term "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means, such as but not limited to sensation by touch or visual observation of moving objects. (9) Horns, signaling devices, etc. a. The sounding of a horn or signaling device on any automobile,motorcycle,streetcar or other vehicle on any street or public place of the city,except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. b. The use of any signaling device except one operated by hand or electricity; the use of any horn,whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (10) Automobile alarms. Unnecessary use of automobile alarms by remote control or any faulty or sensitive system. (Code 1973, § 16 1/2-2; Ord. of 12-16-99, § 1; Ord. of 7-19-2001, § 1; Ord. of 12-19- 2002, § 1) Sec. 22-3. Penalties. (a) Except as otherwise provided in this chapter, any person who violates any section of this chapter shall be fined for each offense not more than$25.00. (b) Any person who willfully or knowingly violates any section of this chapter shall be fined for each offense a sum of not less than$100.00 and not more than $200.00. (c) Each day of violation of any section of this chapter shall constitute a separate offense. (Code 1973, § 16 1/2-3) Sec. 22-4. Other enforcement remedies. No section of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this chapter or from other law. (Code 1973, § 16 1/2-4) .. 1Z%U4,'(11 Iftu uv:o6 kAx LV/8Vzztl91! YGfVNI:Y & YEtVIVl:Y 10uu2 AccnSnn r�w�r,ud � rolcpnnn�: ell-ar��nnn 3]YMrwllnn Simi Facsimile: 6174".307.1 j Cumh(jdgo.MA 42138 i Gmxil: pmhoxe., "t"an.com Acente& 60'ANNIVERSARY i 1948.2008 November 19, 2W8 Mark Mahoney Creative Juices,Tne. 100 Cummings Centw, 220B Beverly,MA 01915 Subject; Sound and Vibration Measurements 2 Hawthorne Blvd Salem,MA Acenrech Project No, 620218 Dear Mark, 41 We visited the residences at 2 Hawthorne Blvd#2 and 125 Essex Street in Salem,MA on the evening of November 10,2008. During our visit,we measured noise and vibration levels at both residences before and after live music began at The Old Spot,a restaurant and pub located below the Hawthorne Blvd residence and adjacent to the 125 Essex Street residence. This letter summarizes our observations and measurement results. We have also included some recommendations regarding possible future upgrades. Cxisting Conditions On Monday evenings, a 3-to 5-piece band performs at The Old Spot in Saletn,MA;residents living nearby have complained about the noise and vibration levels at these times. The restaurant/pub Inas two"sections'—one section where the band plays, and another adjoining section with dining tables. The band plays from a location directly below the living room of the residence at 2 Hawthorne Blvd #2. You told us that the demising floor/ceiling construction comprises a double-layer 5/8"GWB ceiling suspended from typical wood frame structure, ample insulation in the ceiling cavity,and a wood floor on plywood subfloor attached to the wood structure in the residence above the restaurant/pub. %,havc not verified this construction. ., 'Adjacent to the resmurant/pub is a 2"-and 3`d-fluor residence at 125 Essex Street. The residence is adjacent to the"dining"portion of the restaurant.not the section where the band plays. We do not know the demising constructions. C-� Measurement Procedure We used a calibrated sound level meter to measure sound and vibration levels in both residences before and after the band began performing. Vibration level measurement. were taken on both floor and wall surfaces. To our knowledge,'neither the band nor the management of The Old h4w,r r tri,,Ilpul:' 1 h.rL' ( llvhur /Aafru 1:•'n• /0U THL (18:56 FAX 19789LYtl517 PhNNEY & rl:NNEY . IgJ.It-UJ Mark Mahoney November 19,2008 Page 2 Spot were informed of the measurements.so that the measurements represent"typical"sound and vibration levels on Monday nights. We used an instrument-grade microphone and accelerometer to measure sound and vibration levels,respectively. We measured sound and vibration levels on second and Ihird-floor locations at both residences. Our"ambient'measurements were made between 8;50pm and 9:45pm, prior to the start of the band's activity. Measurements with the band playing were taken between 10:05pm and 10:50pm. During all measurements,"local"noises in the residences (e.g. conversation, televisions, etc.) were avoided so as not to distort the measurement results. All measurements were taker,over a period of 30 seconds, and in each case the median value during that timeXL50'-has been utilized for the graphs and figures presented in this report. Subjective Impressions , - Residents�at=2 Hawthorne Blvd#2 told us that typical bar activity noise—conversations,normal bar and dining operations,etc.—are not bothersome;only live music on Monday evenings causes the annoyance, Before the band.began playing, the predominant sources of background noise in both residences were related to traffic noise through the windows. Activity noise from The Old Spot was not audible prior to the band performance in either location. During our visit,the sound of the band was clearly audible on both'the 2""and 3"floors of the residence at 2 Hawthorne Blvd#2. In addition. vibration in the floor and wall surfaces caused by the band performance is clearly noticeable in one's feet(standing on the floor)or to the touch (on wall or floor surfaces),particularly at locations on the 2'd floor. At 125 Essex Street,sound from the band in the adjacent restaurandpub is just audible,but only in certain locations(such as the 2"d floor living room and one of the 3"floor bedrooms). Band- induced levels of sound and vibration in these locations are only slightly higher than ambient levels and are only noticeable in the absence of other activity noise(e.g.conversations,etc.)in the residence. Measurement Results—Airborne Noise Figures I and 2, below,show the noise levels in the 2n1 and 3`d floors,respectively,of the residence at 2 Hawthorne Blvd#2 before and after the band began performing on November 10ih. Measurements in the 2''floor living room,which is located directly above the band performance area,demonstrate a 10 decibel increase in sound pressure level on average when the band is playing(and more at some frequencies-see Figure 1). Such an increase roughly corresponds to approximately double the perceived loudness of the ambient sound level,which is consistent with our observations that the music is clearly and distinctly audible at that location. Measurements in the 3`d floor bedroom, taken with the door closed and with one full story between the measurement location and the band performance area,demonstrate a substantial increase in sound pressure level at low frequencies(between 40 Hz and 250 Hz)and an average overall increase of approximately 4 decibels. Commonwealth of Massachusetts L� County of Essex The Superior Court Civil Docket ESCV2008-02036 RE: Salem Heritage Ventures LLC v The Hungry Pig Inc TO: Kirk P Rothemich, Esquire 98 North Washington Street Suite 104 Boston, MA 02109 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 10/29/2008: RE; Plaintiff Salem Heritage Ventures LLC's MOTION for Pre7iminary Injunction is as follows: Motion (P#2) I am not satisfied that the plaintiff has a reasonable likelihood of success on the claim, after consideration of all affidavits provided by defendant or that it will suffer irreparable harm if not allowed. Plaintiff appears to have created on untenable situation and it would be inequitable to allow this motion. Denied. Dated: 10/28/2008 (Frances McIntyre, Justice). Notices mailed 10129/2008 Dated at Salem, Massachusetts this 29th day of October, 2008. Thomas H. Driscoll Jr., Clerk of the Courts BY: Judith Brennan / Carlotta McCarthy Patten Assistant Clerk Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten) Copies mailed 10/29/2008 Disabled individuals who need handicap accommodations should contact the Administrative Office of the HOOD MASTER Courtesy After Service Report ✓ ' Certified Exhaust Cleaning & Service 100 GOVERNORS DRIVE #8 Date of Service: 03- 3 WINTHROP, MA 02152 617-605-0600 Property: 7- 7 �� S / Property Address: Z 2 S�z X S'l` Sa rty to /Z,p 97t Phone: y7x ?1� — 22144 Job Contact: Entire System Cleaned fives ❑ No (see comments) Shaft Leaks L]Yes (see comments) U�No Pilot Lights Relit After Service ( Yes ❑No (see comments) Fan Left On To Dry System ogres ❑ No (see comments)' Inaccessible Areas JrWne (all areas accessible) ❑Yes (see comments) Additional Access Panels Required 0 f40ne ❑ Require # access panels Fire Suppression Tags Current rives ❑No Fan Working Prior to Service Yes ❑ No (see comments) Fan Hinge Kit Required d4es ❑No V-Belt Replaced ❑ Yes E , o (see comments) Grease Containment Kit Recommended ❑ Yes jNo Additionai.Fan Wiring Recommended ❑ Yes W:No (see comments) (to enable removal of fan) Filter Condition [Good ❑ Poor ❑ Filters Needing Replacement# Frequency of Service Lff-Good Poor ❑ Recommended Frequency: every--Z.- months Comments: ' moo m� Description: A)ye"y n nt P:t rd Cf/ S �: t�c>CO�L�> ilC.�E �r� t-.�yn»!�2-a /l C'r E2,/•,iln o> 01 This form is a report on the access and cleanability of the exhaust system. It is meant to assist in making your system more fire safe and improve service. Due to inaccessibility of some areas, this report may not include all information on the system (see above).This report is provided as a free customer service only, not a paid consultation. It is the owner of the system's responsibility to take appropriate action to modify any deficiencies, noted herein or elsewhere. Negligence on the owner's part to correct or investigate deficiencies could result in damage to owner's property.We can not be responsible for owner negligence. Certified Technician Signature: e---- 1 g r y . Restaurant Representative: t�� 1 I �fi �V� Date: 07- 7c_2 — O q DONOVAN I NATEM LLP counselors at law KENNETH B.WALTON 617 406 4524 direct kwalton@donovanhatem.00m July 20,2010 Via Certified Mail Return Receipt Requested Keith L. Sachs, Esq. Metaxas Brown Pidgeon LLP 900 Cummings Center Suite 207T Beverly, MA 01915 Re: Salem Heritage Ventures, LLC v.The Hungry Pig, Inc. d/b/a The Old Spot v. Green Velvet Enterprises, Inc.and Andrew Mahoney Civil Action No. 08-2036A Dear Attorney Sachs: I represent Gray Architects regarding the dispute between Salem Heritage Ventures, LLC and The Old Spot at 121 Essex Sfeef in Salem, MA f'Site"). I request that you direct all future correspondence regarding thismatter to my attention. Your letter ("Letter") dated June 28;2010 to Dennis Gray contained many inaccuracies about Gray Architects' performance, and more importantly, its scope of work at the Site. In 1997, Gray Architects was retained by a former owner to prepare Construction Documents ("Construction Documents") for renovations at the Site. The completed Construction Documents were dated June 25, 2003, and between the first and second floor detailed a floor/ceiling assembly that is a two-hour assembly. This design exceeded the one-hour fire rating as required by the Building Code ("Code") and conformed to the Code's required STC rating. Furthermore, the design included two layers of 5/8" gypsum wall board in lieu of the one 1/2" layer. If installed as detailed this assembly would then exceed the code requirement for both the fire rating and STC rating. The Construction Documents were used by the Contractor to obtain a building permit and perform the renovations for the first floor only. There are two areas of your letter that warrant correction. In paragraph one of the Letter you wrote that"...you did previous design work to the building and later verified that the ceiling structure of the commercial unit was, in fact, in compliance with the Massachusetts Building Code ("the Code") as regards STC rating." This is simply not true. Gray Architects did not provide Construction Verification services and therefore did not verify this item. It is also important to note that Thomas McGrath's letter to Andrew Mahoney on March 17, 2010 specifically states that "[n]one of the sample areas, in fact, are constructed exactly as detailed in Mr. Gray's drawing." Clearly, Gray Architects is not responsible for others not following its plans, and since Gray Architects Seaport East 617 406 4500 main Two Seaport Lane 6174064501 fax Boston,MA 02210 www.donovanhatem.com BOSTON I NEWYORK I NEW JERSEY Keith L. Sachs, Esq. July 20, 2010 Page 2 was not providing verification services, it would be impossible to know that certain areas were not being constructed in accordance with its drawings. In paragraph two of the Letter you also declared that "...David F. Jaquith's position is that he relied on your as-built plans as they related to the ceiling construction of the commercial unit" Gray Architects was not retained to, and did not, prepare any as-built plans, nor is Gray Architects aware of anyone that did prepare as-built plans. A second phase renovation was undertaken at the Site expanding the building size on the third floor and renovating the upper floors into residential units. It should be noted that Gray Architects had no involvement with this phase; however, those that were involved would have had the responsibility to investigate existing conditions to determine if modifications were needed to the existing as-built structure to comply with the Code for the new use. In sum, Gray Architects had no responsibility and/or legal liability for the issues raised in your letter. Instead, the services of Gray Architects on the project complied with the applicable standard of care in all respects. I trust that, given these circumstances, Gray Architects will hear nothing further about this matter. Sincerely, � A Kenneth B.Walton cc: Justin Jagher, Esq. 01299887 The Old Spot 121 Essex Street { _ ' Salem Massachusetts 01 970 97 a-y; 978-745-5656 Thomas St. Pierre Building Inspection City of Salem 120 Washington Street Salem, Massachusetts 01970 RE: License Renewal for Old Spot December 30, 2010 Dear Mr. St. Pierre, Pursuant to our inspections 21'- Essex-Street,_we_have been told that there is another problem relative to the building, specifically equipment owned by the restaurant condominium, that would prohibit our liquor license renewal for 2011. We are asking for a thirty day extension to fix the problem and have a guaranty that the work to the fan& stack structure will be completed by January 30, 2011. I have attached the contract for your records. You may contact Will Nelson or Ray Noyes from Essex County Craftsman to confirm that the project will be completed with the work to be performed by their company. I need to know if this is an acceptable solution and whether the extension will be granted so that I might notify staff that we will continue to operate on January 1 st. or that your office will close us until the work is complete. �J Milissa Oraibi 978-239-5044 cc Fire Prevention r Proposal ESSEX COUNTY CRAFTSMEN, INC. Sheet Metal Contractors - HVAC 60 Ward Street SALEM,MASSACHUSETTS 01970 "Your Comfort Craftsmen" (978) 745-8028 or (978) 745-7372 FAX (978) 745-0113 Attn: Milssa Oraibi u 5mi ffa o: Wildhorse Cafe one 978-922-6868 a e December 21, 2010 Street 392 Cabot Street JOD Name Hinge Kit State, iP Beverly, Ma 01915 0 oca lon mai ax a one 978 239-5044 We propose hereby to furnish material and labor–complete in accordance with specification below, For the sum of: Three Thousand Seven Hundred dollars and no cents ($3,700.00 PAYMENT To BE MADE As FOLLOWS :SIGNATURE.UPON ACCEPTANCE AND DEPOSIT ➢ Stage the roof as required to remove and replace owners exhaust fan ➢ Provide and install an exhaust fan hinge kit and grease trough to facilitate duct cleaning ➢ In addition, we shall provide and install a side mount access door mounted approximately 12' down from the top of the exhauster also to facilitate duct cleaning ➢ We will provide cutting of the duct enclosure as required to accommodate the access door and include a water tight sleeve Totatfor above$3,700.00 Please Note—No electrical wiring is included Important Note—Essex County Craftsmen, Inc is fully insured for your protection. Insurance certificat available at your request. Warranty valid on paid up accounts only. This proposal expires 15 days from date of proposal. Thank you for this opportunity to bid this project. If you have any questions or comments, pleas call anytime. Acceptance Of Proposal — The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. All equipment and merchandise remains the property of Essex County Craftsmen,Inc.,until the account is paid in full. The buyer agrees to surrender possession of the equipment in the Signature Date event of default in payment. The buyer further agrees to pay 1 12%interest per month on the unpaid balance and to pay all of the cost of collection including attorney fees. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMM M-HY URISOOU, MAYOR 120WASIIINGI'ONS'I'RUM 0 $ALGN,\IIASSACIIOSG'1-1'S01970 'l ui.:978-745-9595 ♦ PAx:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745-:9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/ Local Inspector cc: Milissa Oraibbi, City Solicitor,T. St. Pierre, file a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY URISCOU \MAYOR 120 WASI]ING"ION S-MFF ♦ SAusni,NWA A(i iusr:ns 01970 TEL:978-745-9595 0 PAY:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/ Local Inspector cc Milissa Oraibbi, City Solicitor, T. St. Pierre, file CITY Or SALEM PUBLIC PROPERTY DEPARTMENT K1N1BHR1.L1DRISCOLL _ IMAY08 140 WAST ZING ON S"IMI'I ♦ SALHM,NIASSACI IUSICI'I'S 01970 D1.978-745-9595 0 FAX:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/ Local Inspector cc: Milissa Oraibbi, City Solicitor, T. St. Pierre, file CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERI-EY DRISCOLL MAYOR 720 WASHINGTON STREiLl"♦ SALLN1,11MASSACIIUSBrrS 0]970 TEL:978-745-9595 ♦ FAx:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector cc: Milissa Oraibbi, City Solicitor,T. St. Pierre, file CITY OF SALEM a rc, PUBLIC PROPERTY DEPARTMENT KIMBEUEY DRISCOLL MAYOR IZO WASHINGTON$'1'RHEC+ SALEM,MASSACHU58'PCS 01970 . 'DEL:978-745-9595 17ax:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector cc: Milissa Oraibbi, City Solicitor,T. St. Pierre, file CITY OF SALEM PUBLIC PROPERTY F� DEPARTMENT KIMBERLEY DRISCOLL. MAYOR 120 WASHINGTON STREET+ SALEM,1\ti�SSACii USETTS 01970 TEL:978-745-9595 FAX:978-740-9846 September 29, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, Regarding your letter of May 28, 2010 citing your intention to address the code violation at the above address and attendant problems gaining access...... I understand from Ms. Oraibi that the Old Spot will be closed for 3 days immediately after Halloween and she has promised unfettered access during that time. Given the length of time this issue has been outstanding, it seems reasonable to insist that the issue be resolved during that time period. In addition to scheduling the work , we will expect that you file a permit application describing the work you intend to perform and documentation that your remedy will bring the entire ceiling assembly up to code. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector cc: Milissa Oraibbi, City Solicitor,T. St. Pierre,file The Old Spot 121 Essex Street Salem, MA 01970 C= rn September 28, 2010 ro =C:)C�Cn C0 3>rn F-< Building Inspector Thomas St. Pierre MCnM C3 120 Washington Street Salem, Massachusetts 01970 CD M Cn RE: 121 Essex Street STC Code Violation Dear Mr. St. Pierre, I am in receipt of a copy of the May 28h letter written by Andrew Mahoney to your office. The letter is in regard to an existing problem with their building at the address above of which I am their tenant. The letter is not entirely truthful concerning their efforts to correct the violation and I would like on record the reason why it has not been addressed. I am not preventing or holding up this work in anyway. As a matter of fact I have been begging both your office for over a year and the Mahoneys since May of 2007 to fix this problem. If the STC code is corrected the lawsuit they filed against my operational noise may be resolved. The only way to know is to do the work. I am frustrated that multiple visits to your office about this problem have not resulted in any ,fines or real time solution to date. Your office has been more than fair by giving the Mahoneys the benefit of the doubt back in July of 09. It took me another six months and permission from the court in January 2010 to open the ceiling to prove that the plans they produced for your office were grossly misrepresented. As Inspector McGrath witnessed not one of the entry holes made by my expert reflected what was represented as being the ceiling currently in place at Old Spot. We also gave the Mahoney's the benefit of the doubt immediately following the test to see what they could work out to fix the problem. As Mark and David Jaquith were present for the test there was no question of the ceiling/insulation deficiencies. It wasn't until two months later when they had not responded to the findings,that we brought the report to your office and again requested help and enforcement. Thomas McGrath came out to Old Spot and confirmed the accuracy of the report, issuing a code violation to the Mahoneys on March 17'h with a demand for field testing in thirty days. I was told by my Attorney(not your office)that you were allowing them to fix certain areas identified in my report before performing the test in an effort to keep cost down. I even agreed that seemed fair, as my main objective has always been to operate without threat of additional lawsuits by the unit owners and the Mahoneys. I am disappointed that a copy of the Notification of a Code Violation was not sent to each of the unit owners as this type of violation directly affects their quiet enjoyment and because they are part owners of the building as well as partial plaintiffs in the suit. I have gone in on two consecutive Mondays @ 8 to meet with contractors and Mark Mahoney to discuss a mutually agreeable"plan"of how to fix the floor ceiling assemblies. The problem in a nutshell is this- Mark does not want to pay to close our pub in order to do the necessary repairs. He had proposed that his contractors come in at 7 and work until 3 so we could open for dinner. This would take approx 3-4 days. I disagreed with that plan as I had been told by my contractor and Mr. St. Pierre that this was a"shut down" situation. In order to add the quiet rock all my track lighting(5) , 4 chandeliers, 2 ceiling fans, 6 emergency lights and 2 sprinkler heads need to be"dropped". Channels would be hung,then the quiet rock, plaster,paint and finally reattach all the electrical. I doubt your office or BOHwould allow me to open for dinner with my lights hanging from the ceiling in between the work being done. I suggested maybe trying to arrange the work around July 4a'as we could close voluntarily, as we usually do around that holiday for a few days. This would save some of the expense of doing the work. I never heard back from Mark on that offer and have told him our next voluntary closing would be Nov 1st. I am hoping your dept.will enforce the order for them to correct his problem so that we may know if it eliminates complaints from the unit owners above. I do not like it when I am thrown under the bus and identified as a trouble maker. Mr. St. Pierre told me back in September of 2009 that if I could prove a violation that your office would enforce it. You may also remember a conversation about safety versus sound. Understanding that safety always comes first in a triage situation- We have been very patient waiting our"turn"to get this resolved. A sound violation is valid and it affects everyone in this building or they wouldn't have sued us. The lawsuit that the Mahoney initiated against us, which is still pending has cost us tens of thousands of dollars to defend our business. It is Distressing to know that had the building been built up to code relating to sound transmission,there may not have been sound issues that resulted in us being sued. I have also been informed that the architect that was involved is not insured, so recourse and remedy for all parties,not withstanding the lawsuit,will rely on your actions. Please make this be the time that our request to correct this problem is finally addressed and enforced by your office. We have respected your decisions to date. We have gone through all the right channels and successfully defended our lease and permitted use with Community Impact, Licensing, Board of Health and Superior Court over the last two years. The problem is the building and we would greatly appreciate the City's hold the developer accountable and elp to expedite a resolution. It is my understanding that Building Inspection is the correct office to enforce and follow through. Sincerely, Milissa Oraibi 978-27044 X\� Cc; David Gallagher Esq., Fire Prevention, City Solicitor, Thomas McGrath 1A 6 Mr Andrew Mahoney �• ZJ• 1 Salem Heritage Ventures, LLC. 14 Phillips St: Marblehead, Ma. 01945 May 28, 2010 Mr. Thomas McGrath City of Salem Building Dept. 120 Washington St. Salem, Ma. 01970 Dear Mr. McGrath, This letter is to inform you that we are in receipt of your letter dated May 19, 2010 regarding a building code violation at 121 Essex Street. I assure you that we did not simply ignore the original letter regarding this matter; in fact have been proactive in trying to solve this problem. The approach we are taking is to add Quietrock attached to resilient channels to the areas identified as being not built to code, such as the pub side of The Old Spot, and test these areas after the work is done. This way, with the appropriate layers of material in place, testing may help us identify less obvious areas where sound may be "leaking" upstairs. We have been working with Milissa to schedule a day or two to actually do the work inside The Old Spot, and she has actually met with our contractors the last two Mondays. Our biggest obstacle with this matter, and the reason it has dragged on for so long, is we have permission only access to all parts of the building; we can't come and go as we please, and are at the mercy of other peoples schedules. Keep in mind that the person who has been lobbying for this violation for a long time is the same one that we need permission from to enter their space. Needless to say, there may be a conflict of interest there, but we are making progress for the scheduling of the repairs. We will keep you updated on the progress, as we will be obtaining a permit for the work being done. If you have any questions, please feel free to call me at 978-828-9080. Sinter , Andrew Mahoney, Salem Heritage Ventur , LLC. Mr Andrew Mahoney Salem Heritage Ventures, LLC. 14 Phillips St. Marblehead, Ma. 01945 May 28, 2010 Mr. Thomas McGrath City of Salem Building Dept. 120 Washington St. Salem, Ma. 01970 Dear Mr. McGrath, This letter is to inform you that we are in receipt of your letter dated May 19, 2010 regarding a building code violation at 121 Essex Street. I assure you that we did not simply ignore the original letter regarding this matter; in fact have been proactive in trying to solve this problem. The approach we are taking is to add Quietrock attached to resilient channels to the areas identified as being not built to code, such as the pub side of The Old Spot, and test these areas after the work is done. This way, with the appropriate layers of material in place, testing may help us identify less obvious-areas where sound may be "leaking" upstairs. We have been working with Milissa to schedule a day or two to actually do the work inside The Old Spot, and she has actually met with our contractors the last two Mondays. Our biggest obstacle with this matter, and the reason it has dragged on for so long, is we have permission only access to all parts of the building; we can't come and go as we please, and are at the mercy of other peoples schedules. Keep in mind that the person who has been lobbying for this violation for a long time is the same one that we need permission from to enter their space. Needless to say, there may be a conflict of interest there, but we are making progress for the scheduling of the repairs. We will keep you updated on the progress, as we will be obtaining a permit for the work being done. If you have any questions, please feel free to call me at 978-828-9080. Sinter , Andrew Mahoney, Salem Heritage Ventur , LLC. Regnante, Sterio & Osborne LLP Attbmeys at Law Edgewater Office Park 401 Edgewater Place, Suite:630 Wakefield,Massachusetts 01880-6210 Telephone(781)246-2525 David J.Gallagher Telecopier(781)246-0202 In Reply Refer File No. e-mail: dgallagher@regnante.com 360255 www.regnante.com March 9, 2010 Thomas St. Pierre Building Inspector Salem Building Department `> 120 Washington Street Salem,MA 01970 Re: 121 Essex Street, Salem, MA Dear Mr. St. Pierre: This office represents The Hungry Pig, Inc: d/b/a The`''Old Spot located at 121 Essex Street in Salem, MA. t As you may recall, on July 15,2009, my client had requested in writing that your�pffice take action regardingLthe failure of the building located at 121 Essex Street to meet the requirements of the Massachusetts,State Building Code. In particular,my client asserted that the building did not comply with 780 CMR § 1207 relating to minimum STC ratings. Initially, on July 15, 2009, your office sent a written demand to Andrew Mahoney, the principal of Salem Heritage Ventures, LLC, the owner of the commercial unit where The Old Spot is located, and demanded that Mr. Mahoney conduct field tests to demonstrate that the building met the requirements of 780 CMR § 1207. In response to your office's demand,Andrew Mahoney sent you a letter dated July 21, 2009, in which he purported to describe in some detail the construction of the floor/ceiling assembly at The Old Spot. Mr. Mahoney represented in that letter that the floor/ceiling assembly was entirely rebuilt between 1998 and 2000 and was constructed as follows: "The ceilings were built using 5/8" drywall attached to strapping running across the joists, then resilient channels were run across the first layer of drywall, then another layer of 5/8" drywall attached to the channels. There is fiberglass batting between the joists, as well as air space, and 3/4" plywood subfloor above." March 9, 2010 Page 2 Your office also received a letter dated July 28, 2009, from Dennis J. Gray, AIA, ASLA, President of Gray,Architects, Inc. Mr. Gray represented in that letter that the ceiling system between the first and second floor of 121 Essex Street was designed by Gray Architects, Inc. In particular, Mr. Gray stated that: "The design called for on the drawings prepared by my office dated June 25, 2003 was a 2 hour UL design No. L511. The detail indicated resilient channels placed on the existing plaster ceiling and then two layers of type X gypsum board. The Transmition Class is 50. The installed system to the best of my knowledge was as specified." Lastly, your office also received correspondence from David F. Jaquith, AIA, in which he represented that based upon his viewing photographs of the first floor ceiling construction, it appears that it was constructed to meet the minimum STC rating. In fact,there is not one (1)portion of the floor/ceiling assembly at 121 Essex Street that conforms to Mr. Gray's plans or that meets the Massachusetts State Building Code. In particular,on January 25, 2010, an inspection was performed at The Old Spot by Bedrock Building Inspection Services of 145 Cabot Street in Beverly, MA. Present at that inspection were Neal Levy from Bedrock Building Inspection Services, myself, Milissa Oraibi, Mark Mahoney, Mark Mahoney's attorney Max Englehardt and David Jaquith. I have included with this letter the report prepared by Bedrock Building Inspection Services. As you can see, there is not one (1) area of the floor/ceiling assembly at The Old Spot that is consistent with Mr. Gray's plans or his letter to your office dated July 28,2009. Indeed,based upon this inspection,the floor/ceiling assembly at 121 Essex Street does not include two (2) layers of 5/8" gypsum board as required to obtain the 2 hour fire rating; and, in addition,the assembly does not meet the necessary STC rating required by the Building Code: It was clear from your decision of August 4, 2009, not to require Mr. Mahoney to conduct a field test to confirm the STC rating of the floor/ceiling assembly, that you had relied upon the representations and information provided to you from Mr. Mahoney, Dennis Gray and David Jaquith. We now know that the information provided to you was not accurate and the sound issues in the building continue. Under the circumstances, at this time, we would request that your office require the owner of the commercial unit, Salem Heritage Ventures,LLC,to immediately field test the floor/ceiling assembly and, in addition, order that all necessary renovation work be performed to ensure that the building fully complies with all Building and Fire Codes. f March 9, 2010 Page 3 My client stands ready to make The Old Spot available for your inspection at any time if you would like to confirm the state of construction of that floor/ceiling assembly. Your prompt attention to these issues to resolve the code violations at the building would be appreciated. Very truly yours, REGNANTE, STERIO & OSBORNE LLP By: DAVID J. GALLAGHER DJG/cjc Enclosure / cc: Milissa Oraibi Keith L. Sachs, Esq. Elizabeth M. Rennard,Esq. Lt. Erin Griffin BHIS Bedrock Building Inspection Services 145 Cabot Street Beverly, MA 01915 978-927-6695 neallevy @comcast.net Jan 25, 2010 Reference: 1" floor ceiling assembly evaluation. Subject property located at the corner of Essex Street and Hawthorne Boulevard, Salem, MA 01970. The I"floor of the building is occupied by a restaurant /bar known as "The Old Spot". The 2nd and 3rd floors are occupied with residential condominiums. The inspection was preformed by Neal Levy, on Jan. 25, 2010. The purpose of this inspection was to identify the as-built conditions,of the I' floor ceiling assembly, and to compare the findings to the building plans drawn by Gray Architects, Inc. The ceiling assembly details in the architectural drawings include, existing lath and plaster, resilient channels, 24 inches on center and two layers of 5/8 gypsum board. In addition, Dennis Gray's letter to Tom McGrath, dated July 28, 2009, indicates the same and claims that the assembly detail creates a two hour fire rating and a sound transmission class of 50. Six areas of the ceiling were opened for inspection. The finds are as follows: The description of the building components is from the ceiling surface. towards the 2nd floor. `''ter; � F{ '.a«. . � .,� ;�r ` .. • . l IM ♦ p L { 1. Right'side of the main bar- one layer of 5/8 of an inch gypsum board, 2 inch air space and 1/2 of an inch gypsum board. f I � cvtvL fJt 1�'.. Y;,V���� f��� � • jf l' l I�' h .�IY• i^, ,. c .p • i�' � iRfkb I. �•� '�. i • 6 n 4 y . , E • 2. Main kitchen= 5/8 of an inch gypsum board screwed directly to the ' • •'• * floor joist framing and 7.5 inches of foam insulation. No wood strapping or,resilient channel a 41? ? AV r y. w Y ' s ' i f • 3. Storage area- 5/8 of an inch gypsum board, '/z gypsum board, '/4 fiber board and 4 inches of foam insulation. ; 77 -1 V l .• ,, r. .'V�� `k +S a •L..f. `fjjjl ��ti ;\`"i�/� ..'wee Yti •?'{�- �.� r r f . � •` •.• . a i ••r r � • .lir " • r' 4., Service bar area-:%z'gypsum board, 5/8 gypsum board, resilient r channel and 6 inches of fiberglass insulation. 4. t P 5. Main dining room- 5/8 gypsum board, metal resilient channel, %. sum board and 6 inches of fiberglass insulation 1 y�• • 1 • r � 1 i - �rj it { M • _ f•Q .dye ti� •'�,� ,,;t4. 1 • • � , • i ' +�!a+� t+ '♦- ` r "• � � . •♦, �. .4 ,r • 1 ' . . 1. • r • 4 . • �� r M 6. Dining area in bar 5/8 of an inch gypsum board, wood strapping and 6 inches of fiberglass. F Or � u u A total of six ceiling areas were opened. None of these areas contained two layers of 5/8 of an inch gypsum board. Resilient channel was only found in the ceiling of the main.dining room. Asa result of my inspection, it was found that the existing I' floor ceiling assembly was not constructed in accordance with the proposed plan. Dennis Gray's letter,dated July 28, 2009 to Tom McGrath indicates that the designed ceilings assembly has a two hour fire rating and a Sound Transmission Class of 50. The as-built ceiling assembly substantially differs from the plans.Asa result, it is my opinion that the two hour fire rating and the Sound Transmission Class of 50 have not been achieved. The Massachusetts state building code 780 CMR 1207 requires a STC rating,; of 50 between dwelling units and between dwelling units and public and , service areas. A Sound Transmission Class of 50 is a minimum requirement. In most typical cases this would be acceptable in residential use building. In serious cases, such as residential units over a restaurant,with or without live music, Sound Transmission Class of 50 is not adequate and should ideally be 70 or greater.. It is.recommended that sound level testing be done between the 1S` and 2"d. floors. This will determine the Sound Transmission Class of the existing ceiling assemblies,,Once the existing Sound Transmission Class rating is obtained, it can be determined which methods are needed to increase the ratinto adequate.levels. w f Y Regnante, Sterio & Osborne LLP Attorneys at Law Edgewater Office Park 401 Edgewater Place,Suite 630 Wakefield,Massachusetts 01880-6210 Telephone(781)246-2525 David J.Gallagher Telecopier(781)246-0202 In Reply Refer to File No. e-mail:dgallagher@regname.com 36025 wvwu.repante.com March 9,2010 Thomas St. Pierre Building Inspector _ Salem Building Department 120 Washington Street Salem,MA 01970 Re: 121 Essex Street, Salem', MA Dear Mr. St. Pierre: This office represents The Hungry Pig,Inc. d/b/a The Old Spot located at 121 Essex Street in Salem,MA. As you may recall, on July 15, 2009,my client had requested in writing that your office take action regarding the failure of the building located at 121 Essex Street to meet the requirements of the Massachusetts State Building Code. In particular,my client asserted that the building did not comply with 780 CMR § 1207 relating to minimum STC ratings. Initially, on July 15,2009,your office sent a written demand to Andrew Mahoney,the principal of Salem Heritage Ventures, LLC,the owner of the commercial unit where The Old Spot is located, and demanded that Mr. Mahoney conduct field tests to demonstrate that the building met the requirements of 780 CMR§ 1207. In response to your office's demand,Andrew Mahoney sent you a letter dated July 21, 2009, in which he purported to describein some detail the-construction of the floor/ceiling assembly at The Old Spot. Mr. Mahoney represented in that letter that the floor/ceiling assembly was entirely rebuilt between 1998 and 2000 and was constructed as follows: "The ceilings were built using 5/8" drywall attached to strapping running across the joists, then resilient channels were run across the first layer of drywall,then another layer of 5/8" drywall attached to the channels. There is fiberglass batting between the joists, as well as air space, and 3/4" plywood subfloor above." March 9, 2010 Page 2 Your office also received a letter dated July 28, 2009, from Dennis J. Gray,AIA, ASLA, President of Gray;Architects,Inc. Mr. Gray represented in that letter that the ceiling system between the first and second floor of 121 Essex Street was designed by Gray Architects,Inc. In particular, Mr. Gray stated that: "The design.called for on the drawings prepared by my office dated June 25, 2003 was a 2 hour UL design No. L511. The detail indicated resilient channels placed on the existing plaster ceiling and then two layers of type X gypsum board. The Transmition Class is 50. The installed system to the best of my knowledge was as specified." Lastly, your office also received correspondence from David F. Jaquith, AIA, in which he represented that based upon his viewing photographs of the first floor ceiling construction, it appears that it was constructed to meet the minimum STC rating. In fact,there is not one(1)portion of the floor/ceiling assembly at 121 Essex Street that conforms to Mr. Gray's plans or that meets the Massachusetts State Building Code. In particular, on January 25, 2010, an inspection was performed at The Old Spot.by Bedrock Building Inspection Services of 145 Cabot Street in Beverly,MA. Present at that inspection were Neal Levy from Bedrock Building Inspection Services, myself, Milissa Oraibi,Mark Mahoney, Mark Mahoney's attorney Max Englehardt and David Jaquith. I have included with this letter the report prepared by Bedrock Building Inspection•Services. As.you can see,there is not one(1) area of the floor/ceiling assembly at The Old Spot that is consistent with Mr. Gray's plans or his letter to your office dated July 28,2009. Indeed,based upon this inspection,the floor/ceiling assembly at 121 Essex Street does not include two (2) layers of 5/8" gypsum board as required to obtain the 2 hour fire rating; and,in addition,the assembly does not meet the necessary STC rating required by the Building Code. It was clear from your decision of August 4, 2009, not to require Mr. Mahoney to conduct a field test to confirm the STC rating of the floor/ceiling assembly,that you had relied upon the representations and information provided to you from Mr. Mahoney,Dennis Gray and David Jaquith. We now know that the information provided to you was not accurate and the sound issues in the building continue. Under the circumstances, at this time,we would request that your office require the owner of the commercial unit, Salem Heritage Ventures, LLC,to immediately field test the floor/ceiling, assembly and, in addition, order that all necessary renovation work be performed to ensure that the building fully complies with all Building and Fire Codes. March 9,2010 Page 3 My client stands ready to make The Old Spot available for your inspection at any time if you would like to confirm the state of construction of that floor/ceiling assembly. Your prompt attention to these issues to resolve the code violations at the building would be appreciated. Very truly yours, REGNANTE, STERIO & OSBORNE LLP By: DAVID J. GALLAGHER DJG/cjc Enclosure / cc: Milissa Oraibi Keith L. Sachs, Esq. Elizabeth M. Rennard,Esq. Lt. Erin Griffin „ BBIS Bedrock Building Inspection Services 145 Cabot Street Beverly, MA 01915 978-927-6695 neallevy @comcast.net Jan 25, 2010 Reference: 1St floor ceiling assembly evaluation. Subject property located at the corner of Essex Street and Hawthorne Boulevard, Salem, MA 01970. The 1St floor of the building is occupied by a restaurant / bar known as "The Old Spot". The 2nd and 3rd floors are occupied with residential condominiums. The inspection was preformed by Neal Levy, .on Jan. 25, 2010. The purpose of this inspection was to identify the as-built conditions of the 1St floor ceiling assembly, and to compare the findings to the building plans drawn by Gray Architects, Inc. The ceiling assembly details in the architectural drawings include, existing lath and plaster, resilient channels, 24 inches on center and two layers of 5/8 gypsum board. In addition, Dennis Gray's letter to Tom McGrath, dated July 28, 2009, indicates the same and claims that the assembly detail creates a two hour fire rating and a sound transmission class of 50. Six areas of the ceiling were opened for inspection. The finds are as follows: The description of the building components is from the ceiling surface towards the 2nd floor. 1. Right side of the main bar- one layer of 5/8 of an inch gypsum board, 2 inch air space and 1/2 of an inch gypsum board. a t d. er d µ ' 4 x 2. Main kitchen- 5/8 of an inch gypsum board screwed directly to the floor joist framing and 7.5 inches of foam insulation. No wood strapping or resilient channel iv 3. Storage area- 5/8 of an inch gypsum board, ''/z gypsum board, 3/a fiber board and 4 inches of foam insulation. Mt q " • mak' q � ` R a . w w i+W D a v4 .. e * Service bar area- SpRamboard, S8Zgypsum board, resilient +_a and 6inches o fiberglass insulation. 5. Main dining room- 5/8 gypsum board, metal resilient channel, V2 gy sum board and 6 inches of fiberglass insulation 6. Dining area in bar 5/8 of an inch gypsum board, wood strapping and 6 inches of fiberglass. Ff xr P ! t `v: I 1 t y b e '� A total of six ceiling areas were opened. None of these areas contained two layers of 5/8 of an inch gypsum board. Resilient channel was only found in the ceiling of the main dining room. As a result of my inspection, it was found that the existing 1St floor ceiling assembly was not constructed in accordance with the proposed plan. Dennis Gray's letter dated July 28, 2009 to Tom McGrath indicates that the designed ceilings assembly has a two hour fire rating and a Sound Transmission Class of 50. The as-built ceiling assembly substantially differs from the plans. As a result, it is my opinion that the two hour fire rating and the Sound Transmission Class of 50 have not been achieved. The Massachusetts state building code 780 CMR 1207 requires a STC rating of 50 between dwelling units and between dwelling units and public and service areas. A Sound Transmission Class of 50 is a minimum requirement. In most typical cases this would be acceptable in residential use building. In serious cases, such as residential units over a restaurant, with or without live music, Sound Transmission Class of 50 is not adequate and should ideally be 70 or greater. It is recommended that sound level testing be done between the 1St and 2 d floors. This will determine the Sound Transmission Class of the existing ceiling assemblies. Once the existing Sound Transmission Class rating is obtained, it can be determined which methods are needed to increase the rating to adequate levels. • DEPOSITION SUBPOENA:DUCES TECUM WITH OFFICERS RETURN OF SERVICE COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION NO. 08-2036A SALEM HERITAGE VENTURES, LLC, ) Plaintiff ) V. ) THE HUNGRY PIG, INC. d/b/a ) THE OLD SPOT, ) Defendant, Third Party Plaintiff ) and ) GREEN VELVET ENTERPRISES, INC. and ) ANDREW MAHONEY, ) Third Party Defendants ) SUBPOENA DUCES TECUM PURSUANT TO M.R.C.P. Rule 30(a) &Rule 45 TO: Keeper of Records City of Salem Building Department 120 Washington St., 3rd Floor Salem, MA 01970 Greetings: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of Salem Heritage Ventures,LLC,before a Notary Public of the Commonwealth, at the office of Attorney Max R. Engelhardt, Metaxas Brown Pidgeon, LLP, 900 Cummings Center, Suite 207T,in the City of Beverly, MA 01915, on the 10°i day of February 2010, at 10:00 o'clock A.M., and to testify as to your knowledge, at the taking of the deposition in the above-entitled action. And you are further required to bring with you: See Schedule A attached hereto. IN LIEU OF APPEARING,YOU MAY MAIL COPIES OF THE RESPONSIVE DOCUMENTS BY THE DATE NOTED ABOVE. A True Conv Affect Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. SALEM HERITAGE VENTURES, LLC By its attorn s, / I i f\ : Max R. ffngelhaka(BBO#670903) METAXAS BROWN PIDGEON, LLP 900 Cummings Center, Suite 207T Nota lic Beverly, MA 01915 My Commission Exp. d�(o O 978-927-8000 men elp hardt(Qmetaxasbrown.com Dated: January 25, 2010 G:\Client Files\Salem Heritage,LLC\The HungryPig\DocumentsWotice of Depo&Subpoena(Salem Building Dept.)1-25-IO.doc ATrue Copy Attest Commonwealth of Massachusetts PROOF OF SERVICE Essex, ss I this day, , served the within upon in hand substitution by last and usual abode at a true and attested copy thereof. Date of Service: Signed under pains and penalties of perjury. Time of Service: James A Barina Constable/Salem 978430-1448 Fee for Service: A TruP Cnov Attest SCHEDULE A City of Salem Building Department 120 Washington St.,3rd Floor Salem, MA 01970 DEFINITIONS 1. As referenced herein,"Salem Heritage"shall mean the plaintiff Salem Heritage Ventures, LLC or its principals,Andrew Mahoney,Mark Mahoney, and/or John Mahoney. 2. As referenced herein,"Green Velvet'shall mean the third-party defendant Green Velvet Enterprises, Inc or its principals,Andrew Mahoney,Mark Mahoney, and/or John Mahoney 3. As referenced herein, "you"shall mean the person or entity(including its employees) upon whom this subpoena was served. 4. As referenced herein,"Hungry Pig"shall mean the defendant Hungry Pig, Inc. d/b/a Old Spot or its principals Melissa Oraibi and/or Brendan Crocker. 5. As referenced herein,"Gray"shall mean Dennis Gray. 6. As referenced herein, "Jaquith"shall mean David Jaquith. 7. As referenced herein,"Groom" shall mean Groom Construction Co. 8. As referenced herein,"Van Dell"shall mean Carl Van Dell,Eugenia Van Dell, Jack Van Dell,Nancy Van Dell,Peter Van Dell and/or Pioneer Realty Trust. 9. The term "Projects" as used herein shall refer to any and all design, engineering, construction or other work related to 121 Essex Street, Salem,Massachusetts during the time period from January 1, 1995 to the present time. 10. As referenced herein, "permits" shall include Building Permits, Electrical Permits, Plumbing Permits or any other type of Permit you are empowered to issue. A Trno rnnx, 0++....4 11. As referenced herein, "inspections" shall include Building inspections, Electrical inspections,Plumbing inspections or any other type of inspection you are empowered to complete. 12. Unless otherwise specified,the timeframe covered by these requests is January 1, 1995 to the present day. 13. As used herein,the words "document' or"documents" include,without limitation, any original and all copies of any writings,memoranda,tape or other sound recordings, contracts, agreements,invoices,checks, statements,receipts, letters,notes,telephone logs, diaries, calendar entries,telegrams,telexes, e-mails or other forms of communication or correspondence,books or records of account, schedules,tax returns,computer printouts,tapes or memories,photostats, microfilm, or other written information in whatever form,which is in the possession, custody and/or control of the party to whom this request is propounded or that party's attorney. DOCUMENTS REOUESTED 1. Any and all correspondence, electronic or otherwise, by and between you and Salem Heritage,its agents, employees and attorneys related in any way to the Projects. 2. Any and all correspondence, electronic or otherwise,by and between you and Green Velvet, its agents, employees and attorneys related in any way to the Projects. 3. Any and all correspondence, electronic or otherwise, by and between you and Hungry Pig, its agents, employees and attorneys related in any way to the Projects. 4. Any and all correspondence, electronic or otherwise,by and between you and Gray, his agents, employees and attorneys related in any way to the Projects. S. Any and all correspondence, electronic or otherwise, by and between you and Jaquith, his agents, employees and attorneys related in any way to the Projects. A true COPY Attest r 6. Any and all correspondence, electronic or otherwise, by and between you and Groom, its agents, employees and attorneys related in any way to the Project. 7. Any and all correspondence, electronic or otherwise, by and between you and Van Dell, its agents, employees and attorneys related in any way to the Project. 8. Any and all correspondence, electronic or otherwise, by and between you and any other contractor or subcontractor on the Projects. 9. A full and complete set of any and all plans, diagrams, schematics or other drawings submitted to you in connection with requests and/or applications for permits related to the Projects. 10. Any and all applications for permits submitted to you related to the Projects. 11. Any and all permits issued by you related to the Projects. 12. Any and all inspection reports generated by you related to the Projects. 13. Any and all notes, memoranda,reports or other written material maintained by you which are related to the Projects in anyway. 14. Any documents not specifically requested herein but related in any way to the Proj ects. A-True COPY A{lesl Certificate No: 1010-07 , �. Building Permit No.: 1010-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at --------------------------------------------------- Dwelling Type 0121 ESSEX STREETin the CITY OF SALEM ------------------------------- -- - - - - - - - --------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(UNIT #4) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Mon Oct 19, 2009 ---------------------- - - ---------------------------- GecTMS®2009 Des Lauriers Municipal Solutions,Inc. ---------------------------------------------------------------------------- BMW YSDVE AD CITY OF SALEM BUILDING PERMIT 1)121 ESSEX STREET �, �',.,, 1010-07 IGIM P# 356-- -� i t3 :>t(6"\ INIASSACHUSETTS Block: — — Y OF SALi:M Lot: 0224-201 Category: REPAIR/REPLACE Pei nut# 1010-07 , I BUILDING PERMIT Project# JS-2007-001639 Est. Cost: $8,500.00 Fee Charged: $93.00 Balance Due: $:00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: RICHARD ARNO - CONSTRUCTIO SUPERVISOR-038227 Lot Size(sq. ft.): 3120 — Owner: PIONEER REALTY TRUST Zomng: IB5 itis Gamed: -- 'Pl'i i am: PIONEER REALTY TRUST Umis Lost. AT. 0121 ESSEX STREET �DigSafe#: ` ISSUED ON. 29-May-2007 AMENDED ON. EXPIRES ON. 26-Nov-2007 TO PERFORM THE FOLLOWING WORK. COMPLETE FINISH WORK IN CONDOS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: I Underground: Excavation: Service: Meter: - oIg`IFn\/ ��e� Footings: '}d Rough: Rougr/, I //l r� Rough: li Foundation: ✓( ` �r d ��I Final: Final: ( �U � / � Final/ /I� Rough Frame. Fireplace/Clunmey: D.P.W. Fire Health Meter: Oil: l Insulalioni 04-f Housek Smoke: U '1n�1 Ahin Sewer: Spntl _ ...���__non✓✓✓�._____.�..__.%�___�._�.. THIS PERMIT MAY BE REVOIi IS't 1'HE CITY ON'SALEM UPON VIOLA A OF I RULES AND REGULATIONS. Signature: Fee Type: - Receipt No: Date Paid: Check No: - Amount: BUILDING REC-2007-002005 29-May 07 1292 $93.00 GeoTMS®2007 Des Lauriers Municipal Solutions,lite. .1 YSpYE Aa CITY OF SALEM BUILDING PERMIT 9 HOOD MASTER Courtesy Atter Service Re Certified Exhaust Cleaning& Service eryport 100 GOVERNORS DRIVE #8 Dste of Servlce:i WINTHROP, MA 02152 617-6054)600 Property:-11 e old wfi Property Address: -.r Zi / / City ty/Statee/Zip: Phone: �g)_1 _� ; y`, C� )Qj•�;`/' y Job Contact:_ f, /.rr Entire System Cleaned ❑Yes [MNo (see comments) Shaft Leaks ❑Yes (see comments) CNo Pilot Lights Relit After Service [ Yes ❑No (see comments) Fan Left On To Dry System [•Yes ❑No (see comments) Inaccessible Areas ❑None (all areas accessible) C35ft- (see comments) Additional Access Panels Required ❑None Q Require access panels Fire Suppression Tags Current [ 'fes ❑No Fan Working Prior to Service (1'fes ❑No (see comments) Fan Hinge Kit Required 3�Yes ❑No V-Bell Replaced ❑ Yes [;No (see comments) Grease Containment Kit Recommended ( Yes ❑No Additional Fan Wiring Recommended ❑ Yes [MNo (see comments) (to enable removal of fan) Filter Condition, Zj -Good ❑ Poor ❑ Fitters Needing Replacement# Frequency of Service [Good ❑ Poor ❑ Recommended Frequency: every_,$(_,_months Comments: Z / IF.. ii !!/« LCL/i" S r! / , i•/ / i� ! y/N/�!Y ✓ `C Description: 2,/,/ ., !!!cam !<� This form is a rj;ofe access an cleanabilAy of the exhaust system. It is meant to assis in m n, your s stementire fire safe and improv . Due to ina cessibility of some areas, this report may not include a 'nformahon on system (see above). This reovided as free customer service only, not a paid consultation. Iter of the system's responsibility to opriate a n to odify any deficiencies, noted herein or elsewhere. Negligence on the owner's part to correct or investciencies c uld re ult in damage to owner's property.We can not be responsible for owner negligence. Certified Technature: JRestaurant Repve: Date: J X27 Z' The Commonwealth of Massachusetts City\Town of New and Renewal Certificate of Inspection In accordance with 780 CMR, Chapter 1 (The Sixth Edition of the Massachusetts State Building Code) and Chapter 304 of the Acts of 2004 (an Act to further enhance fire and life safety), this certificate of inspection is issued to the premise or structure or part thereof as herein identified. Identify Name of Establishment Certificate No. Issued to The Old Spot 109-08 Identify property address including street number, name, city or town and county Certificate Located at Expiration 121 Essex Street 01/23/2009 Basement First Floor Second Floor Third Floor Fourth Floor Other Use Group CAPACITY (70) Classification(s) Allowable Occupant Load This certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicuous place within the space as directed ,y the undersigned. Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal CHIEF C D Name of Municipal THOMAS J. ST.PIERRE Date of 01/23/2008 Fire Chief Building Commissioner Inspection Signature of Municipal Signature of Municipal Date of Fire Chief CJ Building Commissioner Issuance 01/23/2008 The Commonwealth of Massachusetts City\Town of New and Renewal Certi icate of Inspection In accordance with 780 CMR, Chapter 1(The Sixth Edition of the Massachusetts State Building Code)and Chapter 304 of the Acts of 2004(an Act to further enhance fire and life safety), this certificate of inspection is issued to the premise or structure or part thereof as herein identified. Identify Name of Establishment Certificate No. Issued to McSwiggin's Irish Pub S Restaurant 76-06 Identify property address including street number,name,city or town and county Certificate Located at 1 E iration 121 Essex Street, Salem, MA 01970 12/31/2006 Basement First Floor Second Floor Third Floor Fourth Floor Other Use Group Classification(s) A3 Allowable �0 Occupant Load This certificate of inspection is hereby issued by the undersigned to certify that the premise,structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicuous place within the space as directed by the undersigned. Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Ta Name of Municipal THOMAS J.ST.PIERRE Date of 12/13/2005 Fire Chief BuildingCommissioner Inspection Signature of Municipal Signature of Municipal Date of Fire Chief Building Commissioner Issuance 12/31/2005 81 RAILROAD AVENUE ROWLEY, MA 01969 TEL 978-948-2005 FAx 978-948-7002 EMAIL JAQUITHARCHITECTS®MAC.COM DAVID F. JAQUITH , AIA 29 July 2009 Mr.Thomas McGrath Assistant Building Inspector/ Local Inspector Salem Building Department 120 Washi ngton Street Salem,Ma.01970 RE:121 Essex Street Dear Tom: We were the architects for the 2nd and 3rd floors for 121 Essex Stre%Salem,Massachusetts. The work on the floor/ceiling assembly was improved by replacing the existing boarding with 3/4" plywood decking in most area's,where the existing boarding was in poor condition.I was able to see the 6" batt insulation when the boarding was removed. I have recently viewed photographs of the first floor ceiling construction and it appears that it was constructed to meet the minimum STC rating. If you have any questions rtall. d4�Ee Gy Fc Sin r ly. D F.. � 0.2 avid� 'quit Rp .2 MA Registered Arc to g + 8 r'SSS cc: Andrew Mahoney THE OLD SPOT 121 Essex Street Salem, MA 01970 978-745-5656 Thomas St. Pierre Public Property Department 120 Washington Street 3rd floor Salem, MA 01970 July 15, 2009 Dear Mr. St. Pierre, After Conversations with your office throughout the months of May and June, I wish to make a rma6 ' ompiar gainst the construction and building at 2 Hawthorne Blvd. also known as 121 Essex Street. will not go into the specifics of all the avenues we have tried within the City o ffrtaJael ure the soundproof and insulation problems with this building, but believe we have done our due diligence in trying to work with the developer/ landlord,the condo unit owners, Licensing and Community Impact. It is now over two years since we first identified the sound issue to the landlord/developers. To date we have not been able to get them to fix the problem to a livable soundthreshold for the unit owners. As a result I have suffered a substantial financial loss and have had to compromise the way I operate to accommodate a bad construction job. After several attempts between the Mahoneys and our respective Attorneys it is clear that we will not reach a compromise of owners and tenants being able to coexist under the current status of the building. Since they have initiated a lawsuit against us, damages will eventually be worked out in the Superior Court System. In the meantime, I cannot afford to abandon my business nor can the condo unit owners walk away from their investment. After conducting a band test on May 10, it is obvious to all that the building is deficient in soundproofing between the floors and walls. In addition to the band being heard through the floor, outlets and walls, I was able to hear my husband calling out table numbers from the kitchen. I was standing in the unit above my dining room when the tests were done. To be able to hear the chef speaking from 20feet away and down one floor tells me something is not up to snuff. We were called before the Licensing Board on.July 1'r to discuss our unique situation. It did not go well for us. The condo unit owners expressed frustration in trying to get the Mahoneys to address the building issues. Since they are not having any luck pursuing the Mahoneys, they have become insistent on making us responsible for the sound problems we feel are inherent to the building and I believe our entertainment license is in jeopardy. The hostility in the building is palpable and has been created by misrepresentations by our landlord developer both to us and the condo unit owners. It is for all of these reasons that we make the claim that the building is not up to code. We believe that the minimum Sound Transmission Class (STC rating)when tested will not be satisfactory for a mixed use building that is home to a late night pub and residential condos above. We would like to see the developer be accountable for adequately addressing and assisting in a solution to the problem with their building and we think that the results of this type of test will go a long way to that end. I am requesting that your office ask for documentation from the architect that will prove one . way or the other why we are having such a huge sound issue. Or as an alternative, that this STC rating test be done at the developer's (SHV) expense by a Company known professionally as reputable to your Building.Department. I would also request that a copy of the result sent to me at the business address above. Thank you in advance for your anticipated assistance, Sincerely, Milissa Oraibi 978-239-5044 CITY OF SALEM (� A �r a PUBLIC PROPERTY DEPARTMENT KIMBERLBY DI215COL MAYOR 120 WA51'IINGION STREET* SALEM,DIASSe\CI{USHTTS 01970 TFL:978-745-9595 ♦FAX:978-740-9846 i August 4, 2009 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney: Since I sent my July 15 letter requesting that you have acoustic testing performed at the above address, I have received additional information from you and the two architects who were involved in the renovation projects at 121 Essex. My July 15 letter stated an assumption that the floor/ceiling assembly at the first floor ceiling was not in compliance with the Building Code. Since then I have seen construction photographs taken during the renovation of the first floor, and have received correspondence from Dennis Gray, AIA that indicate that the floor/ceiling assembly was constructed conforming to the Architect's design and that the assembly used meets the minimum standards set by the Building Code. Since it has been demonstrated to my satisfaction that there has not been a Building Code violation,I withdraw my request for actual field testing of the floor/ceiling Assembly. I do, however, continue to believe that field testing of the actual STC/IIC rating might help settle the dispute between you and your tenant. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector CC: file, Health Dept .Licensing Board, Mayor's Office, a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DIUSCOLL MAYOR 120 WASHINGTON SIREET 4 Slv.rnt,1\4hSSACI-NSrTfS 01970 Tru 978-745-9595 ♦ Fns 978-740-9846 July 15, 2009 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney: Having reviewed the permit drawings and having spoken with the architect who designed the renovations for the upper floors of the building at 121 Essex Street, we have reason to believe that the floor/ceiling assembly that separates the Old Spot Restaurant and the condominium units was constructed in violation of the State Building Code. Specifically , section 1207 of 78OCMR requires minimum STC ratings for air-borne sound and minimum IIC ratings for structure borne sound for the floor/ceiling assemblies separating apartment units and public spaces. Unless you are able to demonstrate by field testing done by qualified professionals within thirty days of this notice that your building meets Section 1207 780 CMR, we will have to cite you for violation of the Building Code I have included a copy of Section 1207 of the code for your convenience. If you have any questions regarding this letter, please call this office at (978)745- 9595, extension 5644. cere , 6 Thomas McGrath. Assistant Building Inspector/Local Inspector CC: file, Health Dept .Licensing Board, Mayor's Office, a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALL-1,1,MASSACHUSETTS 01970 TTL:978-745-9595 0 FAX:978-740-9846 November 10, 2009 Ms Milissa Oraibbi By Hand RE: 121 Essex Street/Sound Issue Dear Ms. Oraibbi, Attached are copies of photographs given to me by Andrew Mahoney which I believe are the same photographs that I referred to in my letter of August 4. I have had several conversations with Mr.Gray regarding his correspondence with this department and the renovations to McSwiggins Pub and believe I have come to understanding of the sequence of events. I hope this will shed light on the issues raised in your email of 10/26. The drawing set provided to me by Dennis Gray which I copied for you describes the work permitted by this office in Permit#496-98 for the renovations of McSwiggins Pub. These drawings were originally prepared in 1997 and bear a Gray Associates job number of 97007. According to Mr. Gray the work for the upper floors shown on those drawings was not done when the restaurant was renovated. Mr. Gray explained that the original 1997 drawings were revised and re-dated, probably in connection with a discussion about renovations to the upper floors. I searched our archives yesterday and was unable to locate the copies of the plans that were submitted with the permit application. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector CC: file, , � n S, =kms, t 4 . tc fyr p` £ mi4 1 _ u { y 3 � i 3 gt A 3 + A , ry - j i , k £ _ TIM- c' -k-(- Z � t r ' F q{a 4+ T5 :51- ayy�, r ( ( '1 ( ✓l �` t c 1 Cr (J CITY OF SALEM PUBLIC PROPERTY DEPARTMENT ICIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET* SALEM,MASSACIiUSGl'1'S 01970 TEL:978-745-9595 FAx:978-740-9846 May 19, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, On March 17, 2010 I sent you a letter saying that unless you demonstrated by field testing done by qualified professionals that your building meets Section 1207 of 780 CMR, we will have to cite you for violation of the Building Code. It has been more than 60 days since I sent that letter. Consider this as notice that you are in violation of the Building Code Section 1207 of 780 CMR. You have the right to appeal this citation to the Massachusetts Board of Building Regulations and Standards at One Ashburton Place Boston, Ma I would appreciate hearing from you to find out how you intend to rectify the situation and if the condominium owners have given you consent and access to address the issue. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector cc: Milissa Oraibbi, David J. Gallagher Esq., City Solicitor, Fire Prevention CITY OF SALEM M, . � PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOI.I. MAYOR 120 WASNING'CON$"CREEP+ SALEM,MASSACLNSEZ'1'S 07970 TF1.:978-745-9595 FAX:978-740-9846 May 19, 2010 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney, On March 17, 2010 I sent you a letter saying that unless you demonstrated by field testing done by qualified professionals that your building meets Section 1207 of 780 CMR, we will have to cite you for violation of the Building Code. It has been more than 60 days since I sent that letter. Consider this as notice that you are in violation of the Building Code. I would appreciate hearing from you to find out how you intend to rectify the situation and if the condominium owners have given you consent and access to address the issue. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector cc: Milissa Oraibbi, David J. 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( _ \ "L f. , ,. • J:: 11::11 . 1 ',.. 1 111 F :.. L ... .. a , ,:. ..,. .., . '\ : -, :, . .. , .. 1111.. , 1, ,.:: ...n....: , .:: r David F. .. .. q .ith ' z $ �1 ' J �� - ►n.pm7 - _ d' le 8 -- - S �_ LL _� f o I - t -- Z oil* CC G J 3 3 za i Two 1 . � <,. .�:tacw � —� `- +�12_-i74C��-G'' _ _. — .. ._ _ �Ita �P P�•L T r �, a ! ar _ _..-- • I , l - - epro / � --- _ �}p.�►.t�t'!-E G�� fou���a�...�) ; .--- �� ����_:.. • � }- Al GIP It VO • I _ G —_ i , ` � � - ` ' r 3Z 3 -- 3 �►Ld � - J Hl Drf Ng Rumber - ,r1 W j ' ! { i , v J i i s i I �` �a � i ; � i z i i ---- d _ i (t� 1 L114=1 0 '112 - i I , v ._ .• and house 1 theew *Mhout his v� rT e,.:;asi; ERS (� i rz !a3 /a te X S-rrzE�r 2 Ho��✓Tf-tow�� amu� �/o r.�, �o.�.- r�r, pro�117bi "'f M Alt,+ jj av1 F . Jaquith -oArChl ects Planner3 j - Reviaiona• _!9- P,PKII<<. 2 -r5 c rDater 2dl MAk'G K 2GY�5 ;. #' 8 Enon Street, Beverly, Massachusetts- 01915 978.927.7501 Job Number: S `= i i i F q I � I f I t 17. a Z -"A la property of DAVID F. JAQUITH, CN rCTS 6 PLAMMERS i — — ----3nd-thJ use of these plans without his %,,,;an permnssion LLS—I is prohibited. j avid F . J � aqui aA �-^hitects � Plan ie �rs {5 ���G Revisions 70� ��CZIIL 2L5. a ; I �.v Y • EnGn ►• ree.,, Beverly, Massachusetts 01915 97 927'7501 Job Numb3r: S I, � I ,. CITY OF SALFINI, MASSACHUSETTS BUn DING DEP 1RTN1LNT F 120 WASHINGTON STREET, 3� FLOOR b TEL (978) 745-9595 FAX(978) 740-9846 KI�tBERLEY DRISCOLL T HONW ST.PIERRE MAYOR DIRECTOR OF PI:BUC PROPERTY/BI:IIDING CO`QQSSIONFA TSE COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM Per[odic Inspecdolit Renewal Nodce Is awwdWw wUA t&MatswhWftti awlani code 780 CA A&is to aaUff yor that is is do#to Mm yow Caafleate oflx*@d' ' PROPERTY ADDRESS: 12-1 LS5Lx Crt"r<t Soi I{ 3a PROPERTY OWN= 5 cti m l Uen��ts l .�,C J summ NAME: S�o1- susvfltsS PHONE: cl 7 8 - '1`15- 15- Seo sus1Nm owNER: M f l i sp a o ra t`h k ADDRESS: 5 WoLJ S uJnv ktn f(QCC r3cvr l , TELEPHONE: q78- 927 - 4 H 9 1 rt a t► r �r tt w■.gti WA&ftn ba y"y ukgre in dW M&W b ir.d*& a� of sal®. w: Fee Df y� — ��S Dqmtnat lieaua cilia application with you check to: Sutn Stteei (y(alcep checks payable to CITY OF SALEM 120 120SalW hi waahit: 01970 Applicaldis siSipswe Title Date pepartrtterrt uae Y chwu Date Paid L/-0 CertilicateNN2- 301f O ( i►��� r PERIODIC INSPECTION REPORT This form is to be completed each time a Periodic Inspection is made. At the time a new Certificate of Inspection is issued, a notation indicating that the fee has been paid will be made to Application Form prior to the new Certificate of Iaspectior being issued. Any changes since the last inspection are co be added to the file csr2 of the premises. Street d Number I L I E56-6Y 5f Tr-r- - Name of Promises _kms p6 �— Certificate to be issued to: Address Owner of Record of Buildings ' ,5a lemon 1+e ijv r, Alecy✓GS Address — ly PVII I(�5 . �i�'c �I— /y IGt✓�2 �2 Purpose for which premises are used Re5by�A,-i+ / enr- Changes since last Inspection (required on file card also) �. Zhd UL Jhr-ayck I�`�he„ wc,llr vo 2. VwA P�ct�a vS l— Si SIZm 4 S 4z I I��Q 3• hoGy- DOAI-6 4. S. Date Order Issued: Order Issued To: Address Date Violations Corrected: REY.ARiS: .. I have this day inspecced the above premises, and the same conforms to the pertinent requiremencs of the Massachusetts State Building rode and the rules and regulations pursuant cherlto. Date Building Official Certificate f Date Issued: •s�, 3'. THE OLD SPOT 121 Essex Street Salem, MA 01970 978-745-5656 Building Inspector 120 Washington Street Salem, MA 01970 Re: Building Inspection November 27, 2007 Dear Sir/Madam, Please find enclosed my application for Hungry Pig Inc. to renew our Building Permit for The Old Spot. I have included copies of our most recent invoices for service on our sprinkler and exhaust. As we do not own our building,we are coordinating with landlord, Andrew Mahoney of Salem Heritage Ventures LLC to access the roof for the exhaust cleaning. (The bowl on the roof was part of the building's build out and was replaced with a new, larger model in July.) We expect this to be scheduled for the first week in December. As soon as the work is completed I will bring a copy of the invoice to your office. Andrew has scheduled Josh Brackett of Brackett Sprinklers Systems to coordinate with the fire department and alarm company for sprinkler testing as the sprinkler is interconnected throughout the basement, fust and second floors. If there is anything fiirther you need from me,please do not hesitate to call me at 978-239-5044. Thank you in advance for your consideration. Sincerely,� �. v � . Milissa Oraibi -0 WATER METER WALK IN H2O -ELECTRIC PANEL HEATER METER 1 ST FLOOR ELECTRIC PANEL STAIRS LIQUOR CAGE HEAVAC BASEMENT SPACE UNDER FLOOR PLAN FOR DINING ROOM USED FOR BASEMENTS AT 2ND FLOOR ELECTRICE 2 ESSIX STREET FEEDS SALEM, MA BACK HALL WALLED OFF BACK DOOR EXIT 32 NO ACCESS KITCHEN \ FLOOR PLAN FOR FIRST FLOOR AT 121 ESSEX STREET SALEM, MA WALK IN 35 STAIR 7 HANDICAP - BAR STAIR BATH- ROOM LADIES' 31 ROOM MEN'S ROOM 39 BAR ENTRANCE _ �._......,..`...�.,..._.ri..�.s''^Y'�'ln.....�...r»-r-.-»....aw�i..r:+«...,...,.,.;,•.;.r,.-.w+..+.-�..•r^`�,. ' v, . ,u-ra. SALEM FIRE DEPARTMENT Inspec. ate: • . Insp.Number INSPECTION AND VIOLATION REPORT Reinsp.Date: Occupancy Name0L'V SPOT Occupancy ryPe Address I14 e55C�R 'Fr- Bldg. u's Yes❑ N00 I Floor/SectionPhone .fi Inspector Name Company>< Notifications Health ��.@Id ❑ Electrical ❑Police 1. Exterior 6. Heating Systems D N/A fire escapes/decks Pass ❑ Fail ❑Warn D N/A combustibles D Pass ❑ Fail Warn ❑ N/A proper storage Pass ❑ Fail ❑Warn D N/A within 5 feet proper access Pass ❑ Fail D Warn ❑ N/A defective chimney ❑ Pass D Fail D Warn D N/A KNOX BOX Pass ❑ Fail ❑Warn D N/A defective system ❑ Pass ❑ Fail ❑Warn ❑ N/A 2. Exits other D Pass D Fail D Warn D N/A ! open property Pass D Fail D Warn ❑ N/A 7. Electrical exit blocked Pass ❑ Fail ❑Warn ❑ N/A defective wiring Pass ❑ Fail D Warn D N/A exit signs working Pass ❑ Fail ❑Warn D N/A panels accessible Pass ❑ Fail D Warn ❑ N/A adequate lighting Pass ❑ Fail D Warn ❑ N/A extension cords: door(s)locked Pass ❑ Fail ❑Warn D N/A proper use Pass ❑ Fail D Warn ❑ N/A signs needed ❑ Pass ❑ Fail ❑Warn ❑ N/A cover plate missing Pass D Fail ❑Warn D N/A in needlo}pair ❑ Pass ❑ Fail ❑Warn ❑ N/A proper fusing Pass ❑ Fail ❑Warn ❑ N/A ' em y li his D Pass ❑ Fait ❑Warn ❑ N/A other 0 Pass D Fail ❑Warn ❑ N/A other ❑ Pass ❑ Fail D War D N/A f 8. Fire Extinguishers ❑ N/A 3. Fire Alarm System XNIA signs needed ❑ Pass ❑ Fail ❑Warn D N/A operative ❑ Pass D Fail D Warn D N/A properly mounted D Pass ❑ Fail ❑Warn ❑ N/A properly labeled ❑ Pass D Fail; ❑Warn D N/A proper type ❑ Pass D Fail ❑Warn ❑ N/A accessible D Pass D Fail ) D Warn ❑ N/A obstructed D Pass D Fail ❑Warn D N/A • trouble indication ❑ Pass D Fail D Warn ❑ N/A need rgi a" D Pass D Fail ❑Warn ❑ N/A ' defective devices ❑ Pass D Fail D Warn D N/A othe ❑ Pass D Fail D Warn ❑ N/A missing devices ❑ Pass D Fail ❑Warn ❑ N/A other ❑ Pass ❑Fail ❑Warn D N/A 9. Sprinkler& Standpipe System ❑ N/A i 4. Kitchens vat ISI ❑ Pass ❑ Fail ❑Warn ❑ N/A 10 Ib.ABC extinguisher ❑ Pass ❑ Fail ❑Warn ❑ N/A va s accessible D Pass D Fail D Warn D N/A at hazard pressure reading 0 Pass D Fail ❑Warn D N/A ext.system operat. D Pass ❑ Fail ❑Warn ❑ N/A FDC clear/capped D Pass D Fail, ❑Warn ❑ N/A roof collect.clean ❑ Pass D Fail D Warn ❑ N/A Valves open ss ❑ Fail ❑ Warn ❑ N/A system ins ted ❑ Pass D Fail ❑Warn ❑ N/A valves secured h A "uct cle n D Pass D Fail ❑Warn D N/A o ss D Fail ❑Warn D N/A spare head avail. Pass ❑ Fail ❑Warn ❑ N/A ®the 13 Pass D Fail 1:1 Warn ❑ N/A heads obstructed ❑ Pass D Fail D Warn ❑ N/A S. Storage other D Pass D Fail D Warn ❑ N/A proper labeling D Pass D Fail ❑Warn D N/A pl® r st ge D Pass ❑ Fail D Warn D N/A PTN Form #84- Completed Yes D No D leg% s®rage D Pass ❑ Fail ❑Warn D N/A other' .' ❑ Pass 'D Fail ❑Warn ❑ N/A Form #58-Filed Yes D No D 0. Violations Found ,41'i T — 7 —5'�iS-ogc�0 n 10/A r raga.► K r 1,s c+ H od t -I)I,I-0- ottaf wire Wtw AAONq cors-0 cJof�tias�;bl.� 1� yr w� rc r � Y to V vakVcS . d Form s16-(Rev.11/93) Copies: White-Fire Prevention Yellow-Inspecting Company Pink-Building Owner/Manager t. J h z; THE OLD SPOT 121 Essex Street Salem, MA 01970 978-745-5656 Thomas St. Pierre Edgar Paquin Public Property Department 120 Washington Street 3rd floor Salem, MA 01970 RE: Building Inspection Certificate Renewal December 29, 2008 Dear Sir(s), Please find "enclosed a copy of my latest hood cleaning. I believe this will bring me up to date. We have been happy with Hood Master since losing McGuire Rich a few years back. Chris from that company voiced his concerns over not having adequate access to the fan.(even when allowed on the roof) and because there are no "side" doors in the shaft itself. He suggested cutting into the false chimney siding and creating_a door at the base of the 90 degree. angle in the shaft. He feels that even though the shaft is 30 feet straight up, this would give him a clear shot at the inside of the fan. The problem he has on top of the roof is one of safety: The, fan is not hinged and the roof near it is at too great an angle for proper access. Even if he took the cap off there would be no where to rest the cap. In addition the roof area around the fan is "too" angled to put a ladder, which would enable the cleaners to clean from the outside in. We were not included in the decision of where to put the fan but are in agreement that the location for the exhaust is in part - a bad design.We recognize the need to put it on the roof because of the build out, but are disappointed a better plan for access wasn't included at the time. Our problem now is being able to clean it up to code so the building is safe. For our part we have contracted Hood Master to clean every 4 months. I will approach the landlord about cutting a• door in the shaft for better access. The way the shaft is now, with no access panel and'a false chimney covering it, repairs and maintenance (fans, belts) are impossible. am including my letter to Lt. Griffin of Fire Prevention with the same details and concerns. Please let me know if you think there is more we should be doing. Thank you in advance,my cell phone is 978-239-5044 if you need to reach me. Sincerely, Milissa raibi SALEM FIRE DEPARTMENT nspec. ate: Insp.Number INSPECTION AND VIOLATION REPORT Reinsp.Date: Occupancy Name � �. °ccupancr�YPe -F- Address ( J5( Bldg. #'s Yes❑ No❑ 1 FlO°r/Section jPhone Inspector Nemo 7 Company# Notlflcations - 71 ❑Health ❑Bldg. ❑Electrical O Police 1. Exterior 6. Heating Systems ❑ N/A fire escapes/decks Pass ❑ Fail 13Warn ❑ N/A combustibles 13 Pass ❑ Fail ❑ Warn C3 N/A proper storage Pass ❑ Fail ❑ Warn ❑ N/A within 5 feet proper access Pass ❑Fail ❑ Warn ❑ N/A defective chimney ❑ Pass ❑ Fail O Warn ❑ N/A KNOX BOX Pass ❑ Fail ❑ Warn ❑ N/A defective system ❑ Pass ❑ Fail ❑ Warn ❑ N/A 2. Exits other ❑ Pass ❑ Fail ❑ Warn ❑ N/A open property Pass ❑ Fail ❑ Warn ❑N/A 7..Electrical exit blocked Pass ❑ Fail ❑ Warn ❑ N/A defective wiring exit signs working Pass ❑Fail ❑ Warn ❑ N/A Pass ❑ Fail ❑ Warn ❑ N/A adequate lighting Pass ❑ Fail ❑Warn ❑ N/A panels accessible Pass ❑ Fail ❑ Warn ❑ N/A extension cords: door(s) locked Pass ❑ Fail ❑Warn ❑ N/A signs needed proper use Pass ❑ Fail ❑ Warn ❑ N/A 9 Pass ❑Fail ❑ Warn ❑ N/A cover plate missing Pass ❑ Fail ❑ Warn ❑ N/A in need of repair Pass ❑ FailCC��Warn 11 N/A proper fusin emergency lights ❑ Pass ❑Fail IkWarn ❑ N/A g Pass ❑ Fail ❑ Warn ❑ N/A other. E] pass E) Fail ❑ Warn ❑ N/A other ❑ Pass ❑ Fail ❑ Warn ❑ N/A 3. Fire Alarm System ❑ N/A 6- Fire Extinguishers ❑ N/A operative ❑ Pass ❑ Fail ❑ Warn ❑N/A signs needed Pass ❑ Fail ❑ Warn ❑ N/A properly labeled ❑ Pass ❑ Fail ❑ Warn ❑ N/A properly mounted Pass ❑ Fail O Warn ❑ N/A accessible ❑ Pass ❑ Fail ❑ Warn ❑ N/A proper type Pass ❑ Fail ❑ Warn ❑ N/A obstructed Pass 13 Fail ❑ Warn ❑ N/A trouble indication ❑ Pass ❑ Fail ❑Warn ❑ N/A need recharging Pass ❑ Fail ❑ Warn ❑ N/A defective devices ❑ Pass ❑ Fail ❑Warn ❑ N/A missing devices ❑ Pass 13 Fail ❑Warn ❑N/A other Pass ❑ Fail ❑ Warn 13 N/A other ❑Pass ❑ Fail ❑Warn 13 N/A f 9 Sp er& Standpipe System i. Itchens ��� \ t,1 f ❑ N/A 101b.ABC extinguisher Pass ❑ Fail ❑Warn ❑ N/A alves lable Pass ❑ Fail ❑ Warn ❑ N/A at hazard v s acce Pass ❑ Fail ❑ Warn ❑ N/A ext. system operat. ❑ PassFail ❑ Warn ❑ N/A pressure reading Pass 11 Fail EJ Warn 13 N/A roof collect.clean ❑ PassIF Fail ❑ Warn ❑ N/A FDC clear/capped Pass ❑ Fail ❑ Warn ❑ N/A ail ❑Warn ❑ N/A Valves open Pass ❑ Fail ❑ Warn ❑ N/A system inspected ❑Passhood/duct clean ❑ Passail ❑ Warn ❑N/A valves secured Pass ❑ Fail ❑Warn ❑ N/A other ❑Pass ❑Fail ❑ Warn 11 N/A spare head avail. Pass 1:1 Fail ❑ Warn ❑ N/A heads obstructed Pass ❑ Fail ❑ Warn . ❑ N/A S. Storage other Pass ❑ Fail ❑ Warn ❑ N/A proper labeling Pass ❑ Fail ❑Warn ❑ N/A proper storage Pass ❑ Fail ❑ Warn ❑ N/A PTN Form #84 - Completed legal storage Pass ❑Fail ❑Warn ❑ N/A Yes 13 No❑ other Pass ❑ Fail ❑ Warn ❑ N/A Form #58- Filed Yes ❑ No ❑ ° 10. Violations Found IL'krA w roof-- - r �j l ➢ tni,+•:N 'k 1"I L iz L U)�-" - L1 vI GCt V I�,� n lU i�j--a e� To i-4) BuQ flU s r nJ e CU�r IJ; fly t �) . S S I u' C Y)11 N Form a16-(Rev.11/93) Copies: White-Fire Prevention Yellow-Inspecting Company Pink-Building Owner/Manager I HOOD MASTER Courtesy Alter Service Re Certified Exhaust Cleaning & Service port 100 GOVERNORS DRIVE #8 Date of Service: r i7 WINTHROP, MA o2152 617-605-0600 Property: I old Sr U I M ��ILL Property Address: City/State/Zip: Phone: �� S 6� C� �7 �)S� Job Contact:_ ,> Entire System Cleaned Yes EMA10 (see comments) Shaft Leaks ❑Yes (see comments) [YNo Pilot Lights Relit After Service Wj ❑No (see comments) Fan Left On To Dry System 95'es ❑ No (see comments) Inaccessible Areas ❑None (all areas accessible [O`ds (see comments) Additional Access Panels Required ❑None ❑Require# 1 • access panels Fire Suppression Tags Current [ Yes ❑No Fan Working Prior to Service [ Yes ❑No (see comments) Fan Hinge Kit Required U_ Yes ❑No V-Belt Replaced ❑ Yes J=No (see comments) Grease Containment Kit Recommended (&Yes ❑No Additional Fan Wiring Recommended ❑ Yes [MNo (see comments) (to enable removal of fan) Filter Condition Good ❑ Poor ❑ Filters Needing Replacement# Frequency of Service [Good ❑ Poor ❑ Recommended Frequency:�1 cy every_ _months Comments: rIL / Descriotiom CO This form is a report on the access an cleanability of the exhaust system. It is meant to assis in m ng your system re fire safe and improve service. Due to ina cessibility of some areas, this report may not include a information on ystem (see above). This report is provided as free customer service only, not a paid consultation. It towr��{ �t�� responsibility to take appropriate a on to odify any deficiencies, noted herein or elsewhere.Negligence on the owner's part to correct or investigate deficiencies c uld re ult in damage to owner's property.We can not be responsible for owner negligence. Certified Technician Signature: Restaurant Representative: Date: ) ;2- I DEC-30-2008 15:47 From: To:9787409846 P.1 Lalem r 1I-e Uepnrrmem 71V Fire Prevention Division ? I " CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERI..I?Y DRISCOLL MAYOR 120 WASIiING7'GN S'fREE'f♦ SALEM,MASSACHUSGTIS 01970 'ISL:978-745-9595 ♦ FAx:978-740-9846 July 15, 2009 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 T—RE`121 Essex Street-7 Dear Mr. Mahoney: Having reviewed the permit drawings and having spoken with the architect who designed the renovations for the upper floors of the building at 121 Essex Street, we have reason to believe that the floor/ceiling assembly that separates the Old Spot Restaurant and the condominium units was constructed in violation of the State Building Code. Specifically , section 1207 of 780CMR requires minimum STC ratings for air-borne sound and minimum HC ratings for structure borne sound for the floor/ceiling assemblies separating apartment units and public spaces. Unless you are able to demonstrate by field testing done by qualified professionals within thirty days of this notice that your building meets Section 1207 780 CMR, we will have to cite you for violation of the Building Code I have included a copy of Section 1207 of the code for your convenience. If you have any questions regarding this letter, please call this office at(978)745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector CC: file, Health Dept .Licensing Board, Mayor's Office, a Gray Architects, Inc. July 28, 2009 Tom McGrath Public Properties Department 120 Washington St., 3rd Floor Salem, MA 01970 Reference: 121 Essex Street Dear Mr. McGrath, As we discussed this week I write to confirm the design and installed ceiling system between the first floor and second floor of the 121 Essex Street building. The design called for on the drawings prepared by my office dated 6/25/03 was a 2 Hour UL Design No. L511.The detail indicated resilient channels placed on the existing plaster ceiling and then two layers of type X gypsum board.The Transmition Class is 50. The installed system to the best of my knowledge was as specified. Sincerely yours, Dennis J. Gray A.I.A.,A.S.L.A. President Architecture Planning Landscape Architecture 9A Derby Square. .: Salem,MA 01970 Tel. 978 745 4404 Fax:978 745 6479 General e-mail, aravarchitectsOrnsn rom a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASFIINGTON STREET* SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 July 15, 2009 Mr. Andrew Mahoney 14 Phillips Street Marblehead, Ma. 01945-2904 RE: 121 Essex Street Dear Mr. Mahoney: Having reviewed the permit drawings and having spoken with the architect who designed the renovations for the upper floors of the building at 121 Essex Street, we have reason to believe that the floor/ceiling assembly that separates the Old Spot Restaurant and the condominium units was constructed in violation of the State Building Code. Specifically , section 1207 of 780CMR requires minimum STC ratings for air-borne sound and minimum IIC ratings for structure borne sound for the floor/ceiling assemblies separating apartment units and public spaces. Unless you are able to demonstrate by field testing done by qualified professionals within thirty days of this notice that your building meets Section 1207 780 CMR, we will have to cite you for violation of the Building Code I have included a copy of Section 1207 of the code for your convenience. If you have any questions regarding this letter, please call this office at (978) 745- 9595, extension 5644. Sincerely, Thomas McGrath. Assistant Building Inspector/Local Inspector CC: file, Health Dept .Licensing Board, Mayor's Office,