121-123 ESSEX STREET - BUILDING JACKET 121y1.23,ESSEX STREET
'Co
9 SALEM FIRE DEPARTMENT
Fire Prevention Bureau
RECOMMENDATION
'
..tuba Realty Trust
Name........t1r. Dennis Bass$ Trust ...............
ee Date...4rii...9P....1970.... ....-.19........
........ ............ ...... .. ....
Address... 190 Burriil Street. SWSMIDSCOtto glass.
...................................................................1-1 ------------ ---..... Re 1 121 a 123 42ssex St.
As a result of an inspection this date of the premises I owned and/or occupied by you, the� following
recommendations are submitted which should receive serious consideration. These recommendations are made in
the interest of fire prevention and to correct conditions that are or may become dangerous as a fire hazard, may be
required for legal occupancy of the premises or otherwise are in violation of the law.
YouYou are hqreby.-or4qKed to remove the ----I-0-caled
.. .......................... .................. .......... .... --------- ------- ............
on., the---roof ..04_121....&....12.3...Es-s,e-x---.8-treet, Salemi glass. This accInAaatiAn is
..... .. ... -- -- -- -- -- -- -- -----Ess,®x-- .. ....... . ------- ....... --------------- . . ................
creating a fire and health hazard which is unlawM and in violation of
.................................................. ...... .... . ------ ........-...... . ...................................... . ----------- - ---------- -- ------------.......................
Article 1.9 Section F-140.0 of the Salem Fire Code. Remove same before 4/13/76
.......................... ------------I----------------------------- ---------------------------- -------------------- ........... ........ ----------------------- .......................................
Reinspection date: .......April 13# 1976- at 310
F.,m25SFPB (Rev. 7/75pet Mayors Office ns
pector
................... .............. .- ---.......
Bldp. Insp. Sa
r '--
7
r
fL*f16iM16tJ�EfKA84II9 WHOM BY THE
JILSPISM PRIOR TDAPEBWt BEING GRANTED
CITY OF SALEM
Nw.zzzd s o.t. '4',1 ao
5
Is Pmpwq Locom In ioaatiao of
mftft -IdaE»exss
k PPoWly Loodod in f 4Ja ryy R�lc
00 COMMONS Awa? YM_!b�[ blue
BUILDING PERMIT APPLICATION FOR:
Pwmt tw
(CkW whiotwt►or apply) Roof. Rwoof. InsWl Siding, Conatruot Dock, Shod, Pool,
RepaWVAplaoe. Od w:
PLEASE RLL ouT LEGIBLY i COYPI.ETELY TO Avow DELAYS W PROCESSWf'
TO THE INSPECTOR OF BUILDINCI&
The undwaignod hweby applies for a pwmk to build acowdN to the following
qmcftaoo
Owwrs None r)b� MA
Addroes E Phone 1pa t _�a� F ax x I, , e (y 181 5aG 4oa9
Amhkeds Nwo (1��:� Sao. ,-,H � .,�T, rel , 53
Addraas & Phone S Ga, � r Nle h-191 9a, -T.Sot
M* w viw Name
Addroca A Phorw j 1
Mart k am pupa d mrldtnp? 4 ca.noJ
t�ww a btttldlnp?l�oc�n G„ v a omwq,for now many mmom? 4
vmbA*gw"mtowo ? KO
Eowaww=a4 o " wo ClW Ucwwo 1 N A am.Uoenoa• C S Q;F9 70/
Lie. f 'A1 o of Applicant
SIGNED UNC Tim PITY
OF PERJURY
DESC WnoN OF WORK TO BE DONE
Qp_ phu - 1p -n�'00o� or Euttimj(' llp'cToRe Wt9"F1 Na')
" �_rn>z, nRj Hr�.1.x 4 R ,in Pn i'81 Gnm
MA L PERh11T Tae
sf)NKAno do !!o'
031NVN011"63d
NOUVWI
s
Ol JAW"
VOA NOtLV"dV
AO OS�i VN
CITY OR SALZNq MASSACHUSS"i
PVOUC Plt*PUMW OUPAATUCMT
120 Mimmo em" ammm, 2110 saner
S"SU. MA"*A#WgW" Gino
Tt gP"Gk* e7*746-66" ftr. 2"
Ins e711-Useeas
r9'�v
Is aocaedaace with the peovidons of M(8.c40 3 JAr s candid m of your
Haildins Pleralit is that the debris llrotn this wads shaII be disposed
of In s poopedy licensed solid wasls��facility as defined by MM
Chapter UL 9 Iso A.
Mw debris will be disposed of in:
(Lacadon of Facility) S lq\--1rrlll"- .
U '
Si o(App
Date
Tel(973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR
NEWARK,NEW JERSEY 07102-52M
FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS
KNOW ALL MEN BY THESE PRESENTS: Ther INTERNATIONAL BIDELnT INSURANCE COMPANY, a eorpontion organ'lzW and exnOmg
laws of the Sone of New Jersey.and having its principal ofE C in tie City of Newark,New Jersey,does hemby eonstionae and appoint
BERYL A.FINN,CHRISTINE B.GALLAGHER,ADAM W. DESANCPIS,BRYAN F.JUWA,
DAVID A.BOUTIETTE,L.ROBERT DESANCI•IS,GREGORY D.JUWA,JAMES J.AXON,
MICHAEL F.CARNEY,WILDER PARKS,JR.,MICHAEL T.GILBERT
(q Wobum,MA.
scal ...._......—.____—._—.__.____....—�....—.__._______..__-•--.-.------•_-__
- tree and lawful anaq todt s}i onto to Meof,,j and definer for and on io behalf u ondertalrmgs,contracts of indemnity aid
tl ez u of qty'm u �10tt mof,which am or may be allowed required ormpe ` bay k m�e�sule. ole contract or ahttwste and
. .COMPANY as mstrumengo m It mumce of mese presents, shah be u bind dx said 1NTERNA7TONAL ELl7Y INSURAFICE
:vinegar ott'na. nd may,to an
mOmrs and
purposes,u if the sane had ban duly exeramod and adomwledged by its regularly eleard officers at its
This Powerof Alooroes•is eaeaskd.and be revoked punvam to wd by semnray csArtide 3:.ccP, 3.of d*BL-fsws ad000ed by me Board o`
1)ircctota of H`ilE[<fJA OfIAL PmF.fdTY�ISVRAt(C COMPANY si a8 aped and Geld tau the 7th day of tebruary [9T4.
The President of any Via Pmudeu,Exeagin Vice President,Sepemy or Assistant Secretary,shag ban power and authority .
(1)Toappohrc Amorneys4"- and to aumorae mem to eaavm on behalf of the company.and amc4 me Seal of the Company thereto,bonds and
9W
kgs.contracts of indcali ty and otlrcr writings obligatory m the mature thereof and, .
.(2)To remove,at any time,any such agomey-usdact and woke the authority given.
Former this Power of Amo ns a'�m�d and sealed6y fxa�osinule puswa�n oo rue excerpt of me Bond of Directors of said Company adopted a a mating
duly aBcd and tidd on the 2'%' o*V a d=` c which me to4owing q a tnrc resolution
-
Nla�lrhe�tie rich signamces of such Officers and me seal of me Comgapy may be affixed to any wA power of amomey or any artifiwte neladng thereon by
Power such power m e re yf bey ofaatonile aignaar?09ficate� anating d�faaimilt"shalt rt be validseal Shap be slid Sad bbedI upon dm m
bond or aodemggg to which R is attached. binding upon the Company m me future with respect to
TESTIMONY WHEREOF
waRANCE
CiMPpmis knomb be
sig"'d RPA its corporate y msauthorized r.mA�mu has caused
y SEAL"'r" ca HYIFdtNATIONAL FIDEUIY INSURANCE CONIZANY
. 6 y1904g� O CoCountATE
JERSEY
yy°FF.�x
On this 296 day of August 2003.before me came�individual who execased me npteadioe instrument,m srm
rn, Wittepersom0y koowq and•6eiq me dory
swoacid the lax therein descdW and amdrosized ot6ar of the INTERNA710NAL IId1'YCOMPANY:ma the affucd to
aid company.
is the Corporate Seal of said Company;ma the said Corporate.Seal and his sigoaane wca duly affixed by order of me Bond of Directors of
OAR
IN TESTIMONY WHEREOF,I have bereuuo set my hand affixed my Official seal,
at tie city of Newark•New Jersey me day and year Erse above written.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commxssh m Expires Nov.21,2005
1,the a dersrgned officer of INTERNATIONAL FIDELITY HVSURANCE COMPANY do hereby certify that I.have eoupared the foregoing copy of the
Power of Amomey and affidavit,and the copy of the Section of the Bylaws of Said Company as set form in said Power of Attorney,with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY•and that the same am correct transcripts thereof,and of the whole of the said originals,and that the said Power.
Of Attorney has not been revoked and is now in full force and effeu "�
IN TESTIMONY WHEREOF,I have hereunto set my hand this day of �J j;.j
Assistant Secretary
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
=" r wwrv.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Pluinhers
Applicant Information Please Print Leeibly
Name (Business/Organization/Individual): Groom Construction Co. , Inc.
Address: 324 Essex Street
City/State/Zip: Swampscott, MA 01907 Phone #: 781 -592-3135
Are you an employer? Check the appropriate box: Type of project(required):
L❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑ New construction
employees (full and/or part-time).* have hired the sub-contractors
2.El am a sole proprietor or partner- listed on the attached sheet. t 7. ❑ Remodeling
ship and have no employees These sub-contractors have 8. ❑ Demolition
working for me in any capacity. workers' comp. insurance.
9. E] Building addition
[No workers' comp. insurance 5. ❑ We are a corporation and its
required.] officers have exercised their
10.❑ Electrical repairs or additions
3.❑ I am a homeowner doing all work right of exemption per MGL 11.0 Plumbing repairs or additions
myself. [No workers' comp. c. 152, §1(4), and we have no 12.❑ Roof repairs
insurance required.] t employees. [No workers' 13.0 Other
comp. insurance required.]
'Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
=Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name: American Internatininal Group
Policy#or Self-ins. Lie. #:WC9hR,975,9 a ExpirationDate:
-10-0-7
Job Site Address: i a I- Q.3 EaateX Sr FQ 66 xuAQ"a &10 City/State/Zip:_:5AN, , rlg
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL a 152 can lead to the imposition of criminal penalties of a
fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify ujider the pains and penalties of perjury that the information provided above is true and correct.
Signature: _. Date ( aG d to
Phone#: 7781 Su A )35
Official use only. Do not write in this area, to be completed by city or town official.
City or Town: Permit/License#
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5.Plumbing Inspector_,
6. Other
Contact Person: Phone#:
1 December 2008
David F.Jaquith,AIA
Architects, LLC Bu Thomas St. Pierre
Building Commissioner
City Hall Annex
OFFICE 120 Washington Street
81 Railroad Avenue Salem, Massachusetts 01970
Rowley,Massachusetts,01969
PHONE
978-948-2005
978-927-7501 Re: Proposed Renovations to
EMAIL (Unit 3), 121, 123, 123 1/2, & 2 Hawthorne Blvd.
jaquithamhitects@mac.com Salem, Massachusetts
WEB
www.jaquitharchiteas.o m
Dear Tom:
I have reviewed the Construction and the completion of Unit 3, and Common
Space at 121, 123, 123 1/2, & 2 Hawthorne Blvd, Salem, Massachusetts. The
construction and and final construction meet the requirements of the State of
Massachusetts Building Code, 6th edition,to the best of my knowledge. The
work agrees with our building permit drawings with minor exceptions, which were
approved by myself, and the Salem Building Departments.
If you have any questions, please give me a call.
Sincerely, PED Aq
o`ytE Cyr
53
David F Ja h o Beverly, MA
Register ite �0~wf4'rN of VI,
cc
Andrew Mahoney
Contractor
Certificate No: 1010-07 Building Permit No.: 1010-07
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
i
This is to Certify that the CONDOMINIUM located at
Dwelling Type
0121 ESSEX STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
UNIT 5
i
I
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
I
Issued On:Tue Aug 5,2008
GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. - -- -- - '- -"-'-" -- -' - '- - -- -- - -
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 CONDOMINIUM located at
Dwelling Type
0121 ESSEX STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
UNIT 2
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
Issued On: Tue Aug 5, 2008 -- -
GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. - — - --- - - - -
i
0121 ESSEX STREET 1010-07
IG►s#: 526 COMMONWEALTH OF MASSACHUSETTS
Map: 35
Blah: CITY OF SALEM
Lot: 0224-201
Category: REPAIR/REPLACE
,Permit# 1010-07 BUILDING PERMIT
Prjo�ect# 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
Zoning: B5_
'Units Gained: - - A pitcani: PIONEER REALTY TRUST
Units Lost: AT. 0121 ESSEX STREET
Dig Safe#:
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: - Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chinmey:
D.P.W. Fire Health
Insulation: a
Meter: Oil: �� CD
Fina1:491T 2. il4T
House# Smoke: - 1 Utl I4� ril V jx(Tr
Trenatrv:
Prater. Al• to tJ�
Sewer: Spri e1 J
THIS PERMIT MAY BE REVO BY THE CITY OF SALEM UPON VIOLAA Y OF [
RULES AND REGULATIONS.
ly
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING, REC-2007-002005 29-May-07 1292 $93.00
Geti rNIS®2007 Des Lauriers Municipal Solutions,[lie. -
o � �
nave n® -
CITY OF SALEM
BUILDING PERMIT
�v
ru� Cityof (Salem,Massachusetts "rr$50.00���
I c raid
FIRE DEPART MEN I - FIRE: PREVENTION DIVISION
29 Port Av enue
Salem. Massachusetts 01970-5'_2 08/15/08
(978)745-7777 I o.ner
CERTIFICATE OF COMPLIANCE
M.G.L.Chapter 148 Sections 26F, 26F1/2
This Certifies that the properly located at _ 2 Hawthorne BLVD
has hcen equipped %\ith appro\ed srnokc detectors.and cm-hon monoxide alanns and was t6ind to he in compliance XSith
Mas_urchUSetts General Law.Chapter 1=48 Sections-261: 2-01I/2-mol 527 CNIR ',L et seq.
Owncr _Salem Heritage VentureS_LLC
J rJl u.vur nl I'cn.ai lino nr..n pl.urmr vr.rinra I,. m
SMOKE DETECTORS RF: HIRE ANNUAL NIAINTEN: rC . AND CLEANING
Type of Occupancy : El One famih Dwelling
❑ 1%%o Famlil\ Dwelling /
xffxCondominium Unit # 2
(Signa,,i I granting permits
NOTICE: Certificate is NOT VALID. for sale or transfer Fire I s ecto
of real estate. 60 dacs after date of issue. clue'
Bead of Firc Department
Cit of (Salem,Massachu8ett8
�b y $50.00
r« I'did
FIRE: DEPARI MEiNT - FIRE PREVENTION DIVISION
29 Fort Avenue
Salem. Massachusetts 01970-5'_3'_ 08/05/08
(978)745-7777 na
CERTIFICATE OF COMPLIANCE
M.G.L.Chapter 148 Sections 26F, 26F1/2
This Certifies that the property located at _ 2 Hawthorne BLVD
has leen equipped kith appro%ed smoke detectors.and cm-K)n monoxide alarms and was IiAt id to he in compliance%SIth
Massachusetts General I.a%%.Chapter 148 Sections 261.-'011/1-and 527 CNIR 1I,et seq.
Owner_ __ Salem Heritage Ventur_esLLC_-
d nn.,liu tl Pc it lino i .q„.Jr.,lr_ rumd pva iva i
SMOKE, DETECTORS REQUIRE ANNUAL MAINTEN. f CE AND CLEANING
Type of (lccupanc� : ❑ One tamih Dwelling
❑ l\co Famlih- Dwelling
xx)pxCondominiwn I Init g
ISrgn i of o0loal giantrng permrtl -
NOTICE: (-'CI'tlficale is NOT VALID. for sale or transfer Fire Ins or
of real estate. 00 days alter dale of issue. rluef
I lead of I irc Department
, f
David F . Jaquith , A [ A
A r c h i t e c t s L L C
28 July 2008
Mr. Thomas St.Pierre
Building Commissioner
City Hall Annex
120 washington Street
Salem, Massachusetts 01970
Re: Proposed Renovations to
(Unit 1, Unit 2, & Unit 5) 121, 123, 123 1/2, & 2 Hawthorne Blvd.
Salem, Massachusetts
Dear Tom:
1 have reviewed the Construction and the completion of Unit 1, Unit 2, Unit 5 and Common Space at 121,
123, 123 1/2, & 2 Hawthorne Blvd, Salem, Massachusetts. The construction and and final construction
meet the requirements of the State of Massachusetts Building Code, 6th edition, to the best of my
knowledge. The work agrees with our building permit drawings with minor exceptions, which were
approved by myself, and the Salem Building Departments.
If you have any questions, please give me a call.
Sincerely, /
ARCNfTR
iF .
pt(Prq
David F. Jaquith;"AIA/ X58
Registered Wkihiud ty Bevedy`,ro3YA
C-
F
cc
Andrew Mahoney
Contractor
8 1 Railroad Ave , R o w l e y , Massachusetts 0 1 9 6 9
"rel . 97R 927 . 7501 Pnc 979 927 . 0068
�r,0 01Tq-f City of Salem-City Electrican
CITY OF SALEM, MASS APPLICATION FOR WIRING PERMIT
ELECTRICAL PERMIT 44 Lafayette Street
Salem MA 01970
Tel:978-745-6300 Fax 978-745-4638
❑ New Work
girnN> off " NO: 461 FEE: 1,415.00 Date:12/14/2006 ❑ Old Work
X❑ Service
❑ No.Of Meters
This Permit is granted to CARDOSO ELECTRICAL SERVICES License # A18196 ❑ Electric Sign❑ Siding
❑ Gas Pump
Address 375 RIVERSIDE AVENUE MEDFORD MA 02155 Tel# 781-395-3900 ❑ Swiming Pools/Tubs
For the Electrical Installation at 121 ESSEX STREET Cell# ❑X Voice Data Outlets
❑ Range
Owner GROOM CONSTRUCTION Occupied by [j Water Heater
AddressF] Dryer
Tel# 4 XX Gas-Oil Burner
Proposed Work SERVICE/WIRING MULTI FAMILY L] No.Of Circuits
❑ No.Of light Fixtures
❑ No.Of Recpt/Outlets
❑ No.Of Motors
Received On 12-14-06 B,P# Utility AUTH2280062 [:] Space/Heating/KW
X Fire Alarm System
Nat. Grid-Not Date 4/5/2007 ALI Industrial ❑ Commercial [-] Condos ❑ Used For Dwelling 0 ❑ Burglar Alarm
Service Insp. 04/19/07 JJG COMMON METER Signature of Applicant ❑ Smoke Detectors
❑ HVAC Units
❑ Other (Specify)
NAT. GRID TRACY NOTIFIED FOR COMMON METER O. K. 04/19/07 JJG
01/03/07 O.K.ROUGH ALL UNITS JJG
FOR OFFICE USE ONLY
03/08/07 O.K.FINAL ALL UNITS JJG Rough Inspection
Final Inspection
The fee for new work( new construction or repairs ) shall be three dollars ( $3 ) per one thousand dollars
$1,000.00 ) of the valuation as shown on the building permit. Fee schedules available upon request Each permit
$15.00 minimum
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 CONDOMINIUM located at
Dwelling Type
0.121 ESSEX STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
I
UNIT 3
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires _____, unless sooner suspended or revoked.
Expiration Dale
Issued On: Thu Dec 4,2008 --- - - -
GeoTMS02008 Des Launers Municipal Solutions,Inc. ------------------------------------------------- -------- -----------------
_ --
t.
0121 ESSEX STREET 1010-07
;GIS#: - 526 COMMONWEALTH OF MASSACHUSETTS
[Map: — 35
Block: CITY OF SALEM
jLot. 0224-201
(Category: REPAIR/REPLACE ._ BUILDING PERMIT
i,P m t# 1010-07
Project# JS-2007-001639
Est. Cost: $8,500.00
Fee Charged: $93.00
Balance ce 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 REALTYTRUST
Zoning: B5
A uikea [: PIONEER REALTY TRUST
anis uatnea P,
Units Lost AT: 0121 ESSEX STREET
Dig Safe#:
ISSUED ON. 29-May-2007 AMENDED ON: EXPIRES ON. 26-Nov-2007
TO PERFORM THE FOLLOWING WORK.-
COMPLETE
ORK.COMPLETE FINISH WORK IN CONDOS
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chinmey:
D.P.W. Fire Health
Insulation:
Meter: Oil: `' ^
1 Final:4NIT L 'j�uT 1� V
[louse# Smoke: ` CA �V t��Ii1y/,��r ktvj j (✓�� ,
\u\. Trrncor[:, t /-J J I Z.•0q'('V w
ri Alel: Al' In lJ` 11 �h,pt.L�
Sewer: e N-
vv
THIS PERMIT MAY BE REVD BY THE CITY OF SALEM UPON VIOLA A Y OF I
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2007-002005 29-May-07 1292 593.00
GcoTNIS®'_0117 Des Lauriers Municipal Solutions,Inc.
NEWELL, SAVRANN, MILLER & KUNIAN
ATTORNEYS AT LAW
ONE COURT STREET
BOSTON, MASSACHUSETTS 02108
AREA CODE: 617
June 4, 1975 227-9350, 1420
Mr. John M. Gray, Jr.
54 Raymond Road
Salem, Ma.
Re: Andrew A. Mosco and Dennis M. Bass, Trustees of
the Moba Realty Trust
Vs. John M. Gray, Jr. , et al members of the Board of
Appeals for the City of Salem
Dear Mr. Gray:
Please be advised that a Complaint was filed in the
above matter with the Clerk of the Superior Court of Essex
County on May 29 , 1975. I have enclosed for your information
a copy of the Complaint.
Very truly yours,
�.'
HOWARD M. MILLER
HMM:geg lry`
Enclosure III
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
i
a •
i
CO_ '0`iWEALTH OF MASSACHUSETTS
ESSEY, SS. SUPERIOR COURT
No. 2586
ANDREW A. MOSCO and )
DENNIS M. BASS , Trustees )
j of the Moba Dealt_; Trust )
Ii )
VS )
PETITION UNDER G.L.
JOHN M. GRAY, JR- , )
SECTION 21
;I YlILLZtL�1 ABBOTT, ARTHUR ) CHAPTEP. 40A, j
LeBRECQUE, JOSEPH F. )
DOYLE , DONALD KOLEMAN, )
j; ) j
i;
WARREN B=IUGHN, and
EMERY P. TANCH, as )
�i they are members of ) I
I the Board of Appeals ) j
for the City of Salem )
li
N
1. This is a Petition brought under G.L.
c. 40A 1121 to appeal a decision of the Board .of
I
Appeals of the City of Salem, a certified copy of
n
1i which is attac'led hereto bearing the filing date of
May 13, 1975 .
n
2 . Petitioners are Andrew A. Mosco and
Dennis A. Bass, Trustees of the Moba Realty Trust
and are the oc:ners of the real estate at 121-123 1/2
ii
Essex Street and 2 Hathorne Boulevard in the City of
i
Salem.
q
3 . �esoondents are all residents of Salem
j 1
and constitute 'he members of the Board of Appeals
r.
l i
for that city. The name and address of each
j
Respondent is : John M. Gray, Jr. , 54 Raymond Road; i
j
f
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'i William Abbott, 26 Hathorne Street; Arthur LeBrecque,
15 Ropes Street; Donald Koleman, 323 Essex Street;
Warren Baughn, 166 North Street; .and Emery P . Tanch,
ji 23 Pleasant Street. _
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4. On or about April 4 , 1975 Petitioners
filed an application with the Respondents pursuant j
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to the Salem Zoning By-Laws requesting a special
Ii permit for alterations and reconstruction of a E
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non-conforming structure on the above land and for
changes of non-conforming uses so as to specifically
Iauthorize the use of the first floor of said premises
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as a restaurant. I
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5. The application was denied as aforesaid.
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6. Said decision exceeded the authority
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of the Board of Appeals because:
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(a) In reaching the decision, the
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Board acted beyond its power by considering the
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effect of serving alcoholic beverages to the premises
at the location, a subject which is delegated to the i
sole discretion of the Salem Licensing Commission. 1
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(b) The decision was not based on
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�! 'substantial evidence in that there was no credible
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evidence that was presented to the Board that the i
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petitioners could not provide convenient parking I
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!` for its proposed customers and on the contrary
Petitioners did present substantial evidence that it
could provide convenient parking.
i; (c) The Board was acting under a
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Ii. misapprehension of law, to wit, that the Zoning Law
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of Salem absolutely required that a special permit
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could not be granted unless this applicant was able
I to provide one parking space for each four seats
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within the restaurant and one space for each
i, wtn e p
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two employees.
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it (d) In denying the application the
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i! Board violated the equal rights of the Petitoners
I1guaranteed to them under the Constitution of Massa- i
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chusetts and the United States Constitution in that
said Board has granted special permits and variances
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it to other applicants similarly situated to Petitioners it
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within the zoning district without conditioning said ;
i! permits or variances on the ability of the applicant
I! to provide parking within four hundred (400) feet
iti of the building as above stated.
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P;HEREFORE, Petitioners pray that the
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it decision of the Board be annulled.
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By their Attorneys ,
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Newell, Savrann, Miller &
j.
Runian
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�i BY_
j! HOWARD M. MILLER
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Hearing - spill 28(r /75
elm
DECISION' Od CT7LE T j�TT IOt;O j LO3 Fu;.:'�Ti T UST 'r0 Stiell ViARIANC%S AND
SPECI NECESS RY TO EXT ND .N EXISTING P;0\-CON 2.1110C
USE AT 121-1232 ESSEX STREET A"•D 2 Ir_ASITHOPUNE BLVD.
Hearing was held on this appeal on April 28, 1975 pursuant to
�...e::: �' .' .• notices mailed post-'.Jaid to the Petitioner, Board llemoars, abutters,
E::cy U.Vi]r
abutters to abutters and others, and advertisements duly published in
the Salem Evening News advising of this public hearing. Present were
Mr. John M. Gray, Chairman; Board "eabers William Abbott, Arthur LaBrecque,
and Jane Lundregan; and Associate member Donald Eames.
Attorney Lawrence lrrarkell, 208 U ashington Street, Marblehead appeared
for the petitioner Moba Realty Trust. The principals of the trust,
Andrew ,Iosco, and Dennis Sates were also present; The petitioners request
that a special permit be granted to allow the conversion of the first floor
at 121-1232 Esse; Street and 2 Hawthorne Blvd, into a restaurant serving
alcoholic beverages. The building presently consists of 6 apartments and
2 stores.
Attorney Mariell stated that the principals purchased the building
in September of 1973, end that Mr. Mosco is presently residing in this
building. Mr. Markell stated that over the years the building has housed
a meat market, barber steep, gifts ep, boo'_. store -:d antique s :op. The
owners feel that this area could make use of a tasteful restaurant and they
plan to serve luncheons, dinners and after theatre snacks. The seating
capacity will be. between 50 and 75. They anticipate employing between
8 to 12 people. Mr. 'elarkell stated that although the lot is zoned as
R-3, all of the adjacent buildings are commercial. He stated there would
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be no lighted signs or marquees. He stated his clients were willing to
make parking arrangements for their customers with the Off Street Parking
garage. Councillors Goerge Nowak, and Richard Seri niuch ap_e :;red in
o¢position. Councillor Nowak further stated that the I^ acu_: e Conception
' \
71
h.ECEIV U
`, firer i3 o :
C Y F U 0:; - MOBA REALTY ' RUST - 121-1232 ESSEX STREET &
2 HA I110RNc BL`.ID.
JOSE to F. GbY"c '
G AX. SR. .
pastor was in opposition to the granting of this petition, and that
DIX
"+' there is presently a restaurant and lounge. across the street, at the
EbAYRF P. iANCH
11awthorne Motor Inn, Councillor Swiniucu stated the parking garage
would not be avail ole for parking as they close early and are not
opened on Sundays. He also stated that there were presently 20 liquor
licenses located in Wards I and II. Mrs. Moulison of the i?omen' s Friend
Society appeared and stated that her organization would not be in
opposition if the variance was restricted to the serving of alcoholic
beverages with meals only. Atty. John R. Serafini appearing in
opposition, represented Mr. & Mrs. Picone who operate a sandwich shop
at 4 Hawthorne Bovd. Grey Moore, an abutter appeared and stared that he
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did not feel this restaurant could meet the competition of the Hotel.
The Board unanimously rejected the petition. The Zoning Ordinance
requires that restaurants and drinking places provide one parking space
for each four seats and one space for each two employees. The Board
may permit parking spaces to be provided within four hundred feet of the
building intended to be served. In the present case the petitioners are
unable to provide any convenient parking for the proposed customers.
It was felt by the Board that the Parking Garage sufficiently would not
adequately fullfill the parking requirements. The Board further found
that the proposed use was not as equally appropriate to the immediate
area as the e%isting non-conforming use.
Because of the foregoiag reasons, the request for a special permit
was DENTED. SALEM BOARD OF APPEALS
A TRUE C))OPY�TEST:
you;,_ /7;'�:`f Y l ,_ / �lI✓N i ,i� i/r� i
HELE[7`?d. COLGdE N, (Acting) Secretary'
T Li: CITY CLERK
May 20, 1975