0072 FLINT STREET - BUILDING JACKET Pal
SP ENGINEERING, INC.
P.O. Box 848 • Salem, Massachusetts 01970 • Telephone: 978-745-4569 • Fax: 978-745-4881
May 27, 2015 'DP evpq /_U_ U
Kimberley Driscoll, Mayor
City Hall
93 Washington Street
Salem, MA 01970
RE: Permanent Solution Statement and
Release Abatement Measure Plan Completion Report
Former Salem Suede
72 Flint Street
Salem, Massachusetts
RTN 3-30380
Dear Mayor Driscoll:
On behalf of Riverview Place, LLC, SP, Inc. the purpose of this letter is to notify you that a
Permanent Solution Statement and Release Abatement Measure Completion Report has been
prepared for the release of heavy metals and petroleum at the property at the former Salem Suede
facility at 72 Flint Street in Salem, Massachusetts (the "Site") in accordance with the
Massachusetts Contingency Plan, 310 CMR 40.0000.
The Permanent Solution Statement(the name of the submission has been changed from a Class
A-2 Response Action Outcome statement by the MassDEP) documents that a Permanent
Solution has been achieved for the release and that a condition of No Significant Risk to human
health and the environment exists. A summary of findings and statement of conclusions is
attached. A copy of this report may be obtained from the DEP Searchable Sites Waste Site
List/Site Files web site http://public.dep.state.ma.us/wsc viewer/main.aspx under Release
Tracking Number(RTN) 3-30380 or by contacting SP, Inc. at 508-745-4569.
Sincerely,
SP,INC.
Bruce M. Poole David L. Bramley, PE, LSP, LEP
President
Attachment
c. Thomas St. Pierre, Director Inspectional Services
Larry Ramdin, Health Agent
DEP,NERO
Michael O'Brien
c �
FINDINGS and CONCLUSIONS
Former Salem Suede
72 Flint Street
Salem,MA
RTN3-30380
The former Salem Suede Site,which has been vacant since 2009,is vacant, is located on the east
side of Flint Street, south of Mason Street, and north of the North River Canal in a primarily
residential area of Salem,Massachusetts.
The Site is served by municipal water and sewer. Oil formerly was stored in a 10,000-gallon
underground storage tank in the southwest portion of the Site. Electricity and telephone service
formerly were provided via overhead lines. Stormwater drains to the North River.
The Site is not located within a current or potential drinking water source area as defined in the
MCP. However,much of the Site is located within a 200-foot Riverfront Area and a 100 foot
Wetland Buffer Zone. Private,potable water wells are not known to exist within 500 feet of the
Site. Therefore, groundwater at the Site is classified as GW-2 and GW-3.
Tanneries have occupied the property since the 1800s;the last was the former Salem Suede that
operated from 1978 to 2005. Salem Suede was a traditional chrome tanning facility. Dioxin was
not used in the tanning process but is a common impurity in chlorinated phenols that were used
in some tanneries. Subsequent to the great 1914 fire,debris from the Site and other portions of
the fire area was disposed at the Site.
Subsurface investigations were conducted by SP in 2005 and 2009 and by Weston& Sampson in
2012 as part of the Brownfields assessment. Laboratory analyses of soil samples collected
detected the presence of elevated concentrations of the metals arsenic, chromium,lead,nickel,
several hydrocarbon fractions,PAHs, dioxins. The PAHs and the dioxins are believed to have
resulted from the use of coal in the former boiler the ash from which was spread on the Site.
Also the fires in 1914 and in 2009 may have contributed to the presence of the PAHs and
dioxins.
Approximately 3,069 tons of soil affected by petroleum,ash,metals,leather wastes, or lime has
been identified including, approximately 130 cubic yards of arsenic-containing soil that was
present in the Imminent Hazard(IH) area designated as Area H. Between April 2013 and
December 2014 the affected soil was excavated and transported off the Site to appropriate
disposal facilities.
Groundwater samples were analyzed for VOCs,EPH,metals, and PCBs. None of the analytes
were detected at concentrations that exceed the Method 1, GW-2, and GW-3 cleanup standards.
Lead has been detected in groundwater samples from monitoring well MW-1 and MW-9 on two
occasions. The presence of the lead is believed to be caused by the excavation activities as the
lead concentration in the post-remediation groundwater samples are less than the GW-3
standards.
A Method I Human Health Risk Characterization and a Method 3 Environmental Risk
Characterization were performed to assess the risk of harm to human health,public welfare,
safety, and the environment using site-specific data,current and potential future uses of the site,
and recommended MassDEP risk characterization guidance.
The risk characterization results indicate the following:
➢ A condition of No Significant Risk of harm to human health exists for current and future
residents under unrestricted site uses.
➢ The site poses No Significant Risk of harm to public welfare. No nuisance conditions
associated with the release were identified.
➢ The Site poses No Significant Risk of harm to safety because no conditions related to the
release that could pose a threat of physical harm or bodily injury was identified.
The Stage I Environmental Risk Characterization indicated that there is no evidence indicative of
OHM attributable to the Disposal Site has come to be located in sediment or wetlands.
The Site abuts the North River canal, and contaminants have been detected in groundwater in the
vicinity of the canal. The portion of the North River adjacent to the Site is known as Proctor
Brook Segment MA93-40 and is designated as Class SA. However,this water body is not
managed as an active shell fishing growing area in accordance with the requirements of National
Shellfish Sanitation Program(MassDEP,2012). Further, it is categorized as a Category 5 water
body, which is impaired and requires a Total Maximum Daily Load(TMDL). Impairments
identified in this segment of the river include debris/floatables/trash, fecal coliform,
foam/flocs/scum/oil slicks,and taste and odor(MassDEP,2013). While the adjacent river is of
low habitat quality,aquatic wildlife may be present in the river, and further assessment of
aquatic exposures was warranted.
Based on the information presented herein,no condition of readily apparent harm or any
potentially significant exposures have been identified at the Disposal Site. Therefore,based on
the criteria set forth in the MCP (310 CMR 40.0995),conditions present at the Disposal Site do
not warrant a Stage II Environmental Risk Characterization and the Disposal Site conditions do
not present a significant risk of harm to the environment.
Based on the findings of the assessment activities,the remedial actions,and the Risk-
Characterization presented herein, a level of No Significant Risk as defined in the MCP exists for
all foreseeable uses. These findings and the additional information presented below support the
applicability of a Permanent Solution for the Disposal Site.
Olt-
�' , 1 CITY OF SALEM IVIASSACHUSET`TS
t ' BOARD OF APPEAL
11 c
120wASHINGTON STREET♦S LEM,lfASSAC:HUSEIIS01970 10 ~ t2- 5�
KiNfBER1:EYDRt$cou. TELE:978-745-9595♦ F:ax:978-740-9846 FILE #
MAYOR €i'TY CLEfrh. SALEK MASS,
September 10, 2014
Decision
City of Salem Board of Appeals
Petition of RIVERVIEW PLACE LLC requesting a Variance from the requirements of Section 8.4.9
PanbngRequirements of the Salem Zoning Ordinance to allow fewer than the required 2,parking'
spaces per dwelling unit, and an Amendment to allow less of an encroachment on the 50 foot buffer
required for construction activity abutting residential property than the previously issued decision
allowed. The property is located at 72 FLINT ST,67-69 MASON ST,AND 71 MASON ST (NRCC
Zoning District).
A public hearing on the above Petition was opened on August 27, 2014 pursuant to M.G.L Ch. 40A, l 1 a:The
hearing was closed on that date with the following Salem. Board of Appeals members present: Ms. Curran
(Chair),Mr.Duffy,Mr. Watkins,Mr. Copelas (Alternate), and Mr. Tsitsinos (Alternate).
The Petitioner seeks a Variance,from the provisions of Section 8.4.9 Parking Requirements of the Salem Zoning
Ordinance, and an Amendment to a previously issued decision to allow less of an encroachment on the 50-
foot buffer required for construction activity abutting a residential property.
Statements of fact:
1. In the petition date-stamped August 6", 2014, the Petitioner requested:A Variance from Section 8.4.9
Parkiirg Requirements of the Salem Zoning Ordinance to allow fewer than the required 2 parking spaces
per dwelling unit, and an amendment to a Board of Appeals decision issued on April 22, 2014, to
allow less of an encroachment on the 50 foot buffer required for construction activity abutting
residential property.
2. Attorney Scott Grover presented the petition for the property, located at 72 Dint Street; 67-69 Mason
Street and 71 Mason Street.
3. On April 22"d, 2014 the Zoning Board granted an amendment to existing variances to allow a
reduction in the number of parking spaces allocated to the commercial use from 37 spaces to 10
spaces,.and to allow a reconfiguration of a proposed surface parking lot. These amendments were
sought by the petitioner in response to changes to the site plan necessitated by the determination that
the property is subjectto M.G.L Chapter 91 and MEI?A regulations.
4. The changes to the project necessitated by the Chapter 91 and MEPA regulations also require
approval by the Salem Planning Board and the Salem Design Review Board. s
5. At the meeting of the Design Review Board to review the proposed project changes, members of the
Design Review Board suggested that the applicant pursue the possibility of reducing the number of
parking spaces to less than 2 spaces per unit.
City of Salem Board of Appeals
September 10,2014
Project: 72 FLINT ST,67-69 MASON ST,AND 71 MASON ST Page 2 of 3
6. Mr. Feinstein, Symes Associates stated that parking demand could be controlled by restricting parking
in their lease agreements, to ensure adequate parking for residents.
7. 'Ile proposed reduction of required parking spaces would eliminate a previously proposed parking
garage and utilize surface parking. Additionally, the reduction in parking spaces would allow the
southwest parking area to be pulled further back from the abutting residential properties from the
previously approved 7 feet from the property line.
8. The requested relief, if granted, would allow the Petitioner to have fewer than the required 2 parking
spaces per dwelling unit, and to have less of an encroachment on the 50 foot buffer required for
construction activity abutting residential property.
9. Chair Curran read into the record two letters submitted to the Board stating opposition to the
petition, citing a lack of parking in the neighborhood, an increase in the surface parking,and a lack of
evidence and public input, as well as a third letter requesting additional information and
documentation to justify the requested relief.
10, At the Public Hearing, ten (10)members of the public,including Councilors Beth Gerard and Arthur
Sargent, spoke regarding the petition, with questions and concerns including: the existing limited
parking available in the neighborhood, the negative impact on the neighborhood of any additional on-
street parking demand, the reality of the residential units only utilizing 1.5 parking spaces per unit,
parking accommodations for visitors, the adequacy of the petitioner's stated hardship, and an
obligation to provide additional space for on-site public amenities if there is a reduction in on-site
parking spaces.
11. The Board requested that the petitioner supply additional information to substantiate the petitioner's
statements that 1.5 parking spaces per dwelling unit would adequately meet the parking demands of
the future residents of the development.
12. The Petitioner stated that the project is on a tight timeline, and that they did not wish to extend the
public hearing to the next Board of Appeals meeting.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and.
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings:
Findings
1. The Board requested additional information and data which was deemed necessary in order to
understand the effects of reducing on-site parking.
2. The application did not articulate a hardship as required by M.G.L. chapter 40A
On the basis of the above statements of facts and findings, the Salem Board of Appeals noted none (0) in
favor, and five (5) opposed (Mr.Watkins,Ms. Curran,Mr. Tsitsinos,Mr. Copelas and Mr. Duffy), to grant the
requested Variance from the requirements of Section 8.4.9 Parking Requirements of the Salem Zoning
Ordinance to allow fewer than the required 2 parking spaces per dwelling unit, and an Amendment to allow
less of an encroachment on the 50 foot buffer required for construction activity abutting residential property
than the previously issued decision allowed. The petition is denied.
City of Salem Board of Appeals
September 10,2014
Project: 72 FLINT ST,67-69 MASON ST,AND 71 MASON ST Page 3 of 3
C'm'
Rebecca Curran,Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal form this decision,if arty,rball be made pserr„ant to Section 17 of.the Mdriacharew General Lmoy Chapter 40A,and yball be fried x4lbin-20
days of fihng of this dennan in the ace of the 0d,Ckrk Pursuant to the Massacburetts General Lowy Cbapter 40A,Section 11,the Variance or
Speaa/Permit granted herrin sball not Jake effect until a copy.of the derision bearing.the mrtifuatr.of the City Clerk hat been fried with the Eryex South
Regutg of Dads.
E
South Essex
Sewerage District
50 Fort Avenue
P.O.Box 989
Salem,MA 01970
ALLIANCE ENVIRONMENTAL. GROUP
ON BEHALF OF:
SALEM SUEDE, INC.
72 FLINT ST., SALEM MA
7SESD50 Fort Avenue
P.O. Box 989
Salem MA 01970
978-744-4550
Fax: 978-741-0478
April 22, 2010
Mr. Michael F. Geisser, PE, LSP
Alliance Environmental Group, Inc.
100 Jefferson Boulevard
Warwick, RI 02888
SUBJECT: Authorization for Discharge at the Former Salem Suede, Inc. Site—Permit#042210-01
Dear Mr. Geisser:
The District acknowledges the receipt of a correspondence from Alliance Environmental Group, Inc., dated
April 16, 2010. The correspondence was submitted in order to request authorization to discharge treated
wastewater into the City of Salem's sewerage system. The authorization is being requested due to the
dismantlement of the existing wastewater treatment system located at the former Salem Suede, Inc. property, 72
0nt Street, Salem, MA. The treatment system proposed consists of multiple frac tanks and dual 25 micron bag
s.
After review of the information provided in the April 16, 2010 submittal, see Attachment I, the District grants
-pennittee Mr. Alan Zion, the property owner, authorization
Alliance Environmental Group, Inc. along with co
to discharge said treated wastewater subject to the following conditions:
1. This authorization only applies to treated wastewater from the identified site. All water discharged
to the sewer shall be treated by the system detailed in your correspondence of April 16, 2010.
2. The flow to the sewer from the treatment system shall not cause surcharging of the sewerage
system. A contingency plan must be established, submitted to the District for review and be
available at said site at all times. On site personnel must be familiar with the plan and be
authorized to reduce or stop the flow of the treatment system to prevent any overflow of the
sewerage system. Alliance Environmental Group, Inc. is responsible for any damage that may be
caused by surcharging or sewage overflow, which is attributable to this discharge.
3. Attachment II contains a copy of the District's Sewer Use Regulations for your perusal.
Compliance with the District's Sewer Use Regulations, notably—General Prohibitions (Section
3.1) and Specific Discharge Limits (Section 3.2), shall be maintained. In addition, compliance
with all applicable local, state and federal regulations shall be maintained.
M:AGroundwaterAGroundwalerSites\Salem SnedcAAmhcnza1ton0422 10.dou
4. The District shall be notified by fax transmission only, e-mail notification is deemed unacceptable,
at 978-740-4634 - Attention M & E Office, four working days (Saturday, Sunday and holidays are
excluded) forty-eight (48)hours prior to commencing discharge of the wastewater treatment
system to the sewer. This authorization to discharge is valid until May 28, 2010, unless a written
approval for an extension is issued by the District. In order to obtain said extension, Alliance
Environmental Group, Inc. must submit written request explaining the justifications for an
extension ten (10) days prior to the expiration date.
5. Wastewater discharged to the sewerage system may be subject to billing by the City of Salem.
You are required to meter the flow of water to the sewerage system and abide by any billing
requirements set by the City of Salem. A daily pumping log shall be maintained and a copy
submitted to the District along with the corresponding testing reports as outlined in sections 7 and
8 below.
6. Discharge limits, analysis and sampling shall be as found in Table 1:
The characteristics of the wastewater discharge from the treatment system shall not exceed the
following specific effluent limitations:
Table 1
CHARACTERISTIC Instantaneous Limits Max Daily Avg.
Total Suspended Solids 99 Lbs/day(L)
Flow Not to cause surcharge Report
FOG (b) 300 mg/L (L)
• CHARACTERISTIC MAXIMUM DAY MAX MONTHLY AVG
Cadmium (total) 0.36 mg/1 ILI
Chromium (total) 19.00 mg/l(c) 12.00 mg/1 Ac)
Copper(total) 2.70 mg/1 (L)
Lead (total) 0.40 mg/I tw
Nickel (total) 2.50 mg/l Iw
Zinc (total) 2.60 mg/l ILI
FOG 300 mg/I"')
PH pH of the discharged
wastewater shall be
maintained between 6.0 and
10.0 IC)standard units.
Note I. The cyanide limit applies to the wastewater discharge after the cyanide treatment and before dilution with other
streams 40 CPR 433.12(c).
(W=Local Limit Value (C)=Categorical Pretreatment Standard
NOTES:
• All flow data and discharge compliance sampling must be collected from the influent to
the treatment system and the final effluent of the treatment system. All compliance
testing may be performed on grab samples.
• Fats, Oil and Grease (FOG) extraction using EPA Method 1664A.
• All pollutant analyses, sampling techniques and reporting shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136.
M iGroundwa[ec\GrountlwaterSltes\Salem Suede\Au(hcrizalion042210.docx
7. All analyses shall be performed by a Commonwealth of Massachusetts Department of
Environmental Protection certified laboratory with the stipulation for seventy-two (72)hour
testing and reporting. The laboratory shall be certified in the non-potable category for those
parameters to be analyzed. Analytical Reports, as required, shall be complete (chain of custody
record, laboratory report with appropriate laboratory personnel signature, reporting detection
limits, summary of QA/QC, analyst, date of analysis and method of analysis). Analytical reports
shall be provided to the District no later than twenty-four(24) hours post receipt of the analytical
report by Alliance Environmental Group, Inc. Any additional analyses performed on the
wastewater,prior to or following treatment, shall also be submitted to the District as outlined
above. Both permittee's must sign all of the reports issued to the District.
8. The testing schedule for the influent and final effluent of the treatment system shall be as
follows:
8.1 Parameters found in Table 1 shall be sampled and tested for on the initial startup of the
treatment system. The results shall be submitted to the District in the time specified under
condition number 7 above.
8.2 Alliance Environmental Group, Inc. indicated in the April 16, 2010 submittal that the
requested authorization was based on a total flow to the sewer of approximately 75,000
gallons. Based on this proposed quantity, a second set of required samples, from the
influent and effluent of the treatment system, must be taken at the middle of the pumping
schedule, approximately 37,500 gallons pumped to sewer.
8.3 On the final day of discharge from said treatment system, the influent and effluent shall be
sampled and tested for all parameters listed in Table 1.
Tease adhere to the above conditions and ensure they are satisfied at all times during discharge. The District
reserves the right to revoke this authorization, change conditions or add conditions at any time depending upon
the performance of the treatment system, the characteristics of the raw wastewater or the wastewater discharged
and the permittee's compliance with this permit.
If you have any questions regarding this matter, please contact Glen Wilson, Supervisor of Laboratory and
Monitoring at (978) 741-8729, extension 122.
Sincere yours,
SOUTH ESSEX SEWERAGE DISTRICT
Harold G. Newhall, Executive Director
cc: David H. Knowlton, P.E., Director of Engineering—City of Salem
Thomas St. Pierre, Building Commissioner—City of Salem !/
Arthur A. Knight, Jr., P.E., District Engineer
Glen Wilson, Supervisor of Laboratory& Monitoring
M:\Groundwater\GroundwaterSltes\Salem Suede\Autherization042210.docx
Attachment I
Alliance Environmental Group, Inc. 's Submittal
Dated April 16, 2010
M:AGroundwaterAGround�vaterSites\Salem SuedeAAutlierization04221Qdoex
Alliance Environmental Group, Inc.
® coo Jefferson Boulevard,Warwick, Rhode Island o2888
1-tephone: 4oc.732.7600; Fax:401.732.7670
April 16, 2010 HLA
E � v.nD 2 C i_,�10
Mr. Glen Wilson
Laboratory/Monitoring & Enforcement
South Essex Sewerage District SOUTH ESSEX SEWERAGE
50 Fort Ave
Salem, MA 01970-5623
RE: REVISED Authorization to Discharge Request
72 Flint Street
Salem, MA
AEG Project# 1899
Dear Mr. Wilson:
Alliance Enviromnental Group, Inc. (AEG), on behalf of the owner of the above-
referenced property (hereinafter, "Site"), has prepared the following REVISED document
for authorization to discharge wastewater on-Site as part of a former treatment system
decommissioning. As you are aware, AEG has been working alongside the property
owner to decommission a past wastewater testament system that previously discharged
wastewater.
Existing wastewater tanks have been pumped and approximately 75,000 gallons of
liquids are containerized in frac tanks. One tank in the former wastewater system
remains to be pumped. On April 16, 2010, AEG and representatives of SESD met at the
Site to discuss the original authorization to discharge request prepared by AEG and dated
April 5, 2010. Based upon the discussions at this meeting, AEG decided to collect
another sample to characterize the waste stream. As a result, on April 5, 2010, AEG
collected multiple grab samples from the existing wastewater frac tanks and the
remaining tank which were then composited at a Massachusetts certified laboratory for
analysis of applicable analytes listed in a past discharge permit for the facility. In
addition, the tests were performed in accordance with 40 CFR 136, Guidelines
Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act ,
Office of Federal Register National Archives and Records Administration. A copy of the
certified lab report is attached hereto. Additionally, a table comparing the analytical to
permitted discharge levels is provided below.
REVISED Wastewater Discharge Permit Information April 2009
72 Flint St.,Salem MA AEC Proiect 9 1899
AD ''" s.+.Was{ewafe`,rAnal ticalSumllmt �a""� for
k I_.v..Ct
Target Anal to 4/5/2010 Sample SESD Limits
Total Sus ended Solids 244 2,400
Biochemical Oxygen Demand 33 2,400
Cadmium (total) _-ND(0.025) 0.36
Chromium (total) 0.276 19.00
Copper(total) ND(0.01) 2.70
Lead(total) ND(0.0025) 0.40
- , Nickel(total) ND(0.0025) 2.50
Zinc(total) 0.04 2.60
FOG 6 300
H (S.U.) 6.8-7.1* 6.0- 10.0
Notes.
_ I. All chemistry reported as mg/L unless notedotherwise
2. Boo not analyzed because die event is a relatively confined discharge
3. NA:not analyzed
4. ND(99):target not detected and thus reported as /v detection limit
5. "pH field tested on 4/5/2010 using a YSI 556 and range represents min and
max values au ed
Presently, the wastewater is planned for discharge and a system is being proposed to
control and/or eliminate any discharge of sludges from the frac tanks into the sewer via a
dual bag filtration system housing 25-micron bag filters. Wastewater will be pumped
through the filters and a non-resettable totalizing flow meter will be installed in-line prior
to discharge. In addition, a sampling port will be installed after the bag filtration system
for any necessary compliance sample monitoring. A process flow plan has been attached
hereto as Figure 1.
- If you have any questions or concerns please feel free to contact either of the undersigned
at 617-492-6500.
Very truly yours,
Alliance Environmental Group, Inc.
f qC
Michael F. Geisser, PE, LSP t
Senior Professionnel
acob H. Butterworth - Z
/ Envirounemental Scientist
Enc. Wastewater Analytical
Figure 1 — Process Flow Plan
• 10I
NELTLLAB
REPORT OF ANALYTICAL RESULTS
NETLAB Case Number V0409-15
Prepared for:
• Attn: Jacob H. Butterworth
Alliance Envrionmental
100 Jefferson Blvd., Suite 220
Warwick, RI 02888
r
Report Date: April 15, 2010
Richard Warila, Laboratory Director
Lab #RIO10
NEW ENGLAND TESTING LABORATORY, INC.
. 1254 Douglas Avenue,North Providence, RI 02904
(401)353-3420
Total 9 of Pages: 5
;. SAMPLES SUBMITTED and REQUEST FOR ANALYSIS:
The Samples listed in Table I were submitted to New England Testing Laboratory on
April 9, 2010. The group of samples appearing in the report was assigned an internal
identification number (case number) for laboratory information management purposes. The
client's designations for the individual samples, along with our case numbers, are used to identify
the samples in this report. The case number for this sample submission is V0409-15.
TABLE I, Samples Submitted
Sample ID Date Sampled Matrix Analysis Requested
Waste Water Sample 4/9/2010 Water Table [I
TABLE 11, Analysis and Methods
ANALYSIS DETERMINATIVE METHOD
Biochemical Oxygen Demand 5210B
Cadmium 200.7
• Chromium 200.7
Copper 200.7
Lead 200.7
Nickel 200.7
Oil &Grease 1664
Suspended Solids,Total 2540D
. . Zinc 200.7
Methods are documented in:
Standard Methodsfor the Examination of Water and Wastewater ,20th Edition, 1998,APHA,AW WA-
WPCF
Manual of Methods for Chemical Analysis of Water and Waler Wastes , EPA-600/4-29-020(Revised 1983),
USEPA/EMSL,
40 CFR 136, Guidelines Fstablishing Test Procedures for the Analysis of Pollutants Under the Clean
Water Act,Office of Federal Register National Archives and Records Administration.
EPA-821-B-94-004
- This report of analytical results pertains only to the sample(s) provided to us by the client which are indicated
on the custody record.
Page 2 of 5
• CASE NARRATIVE
All samples were found to be properly preserved/cooled upon receipt. All analyses were
performed within EPA designated holding-times. Procedure/calibration checks required by the
designated protocols were within control limits.
•
•
Page 3 of 5
Case No. V0409-15
Waste Water Sample
Parameter Result, mg/I Reporting Limit Date Analyzed
Biochemical Oxygen Demand 33 4 4/10/2010 09:40
Cadmium ND 0.05 4/12/2010
_ Chromium 0.276 0.005 4/12/2010
Copper ND 0.02 4/12/2010
Lead ND 0,005 4/12/2010
Nickel ND 0.005 4/12/2010
Oil& Grease 6 2 4/13/2010
Suspended Solids, Total 244 3 4/12/2010
Zinc 0.04 0.02 4/12/2010
ND= Not Detected
•
•
Page 4 of 5
NEW ENGLAND TESTING LABORATORY, INC. t�Douglas Ave.North
North Providence, RI02904 1-888-863-8522 CHAIN OF CUSTODY RECORD
PROD.NO, PROJEOT NAME/LOCATION
q
GUENT E r r f
^C
A R 6`�f(1
REPORT TO: O W✓/�A U OS O
T A
INVOICETO: E H OF T V V
OU L R CONTAINERS V \ _ ARKS
5 E t It Xo
DATE TIME M A SAMPLE O.
P R ^ // LL
tic
o
y 9 /u. X wa ft u ,fc Sa r le �' a uc NP x 7 / >< x / �
Sampled :(Signawre) D,fl,a,me Receiver!by.(Signature) Dale/Time Lab Watery Remarks. i) Special Instr otion'.
✓ �..//J, Temp.received �' List Specific Detection /
'y /�'�Y+ cooled(?I- Limit Requirements: 5F �.� /0
}lift to
RelinquistieG by:(Signature) Oa,e4ime geceivetl by(Slgnawre) Dale/Tlme /�//
EPA 5'o CFiC !3G
C/a, to,
Relinquished by.(Slgnawre) cm'7.me Re ,ee for Laboratory by:(Signature) Dmeaaae
( /� m T
-- - � Turnaround Business Days)
Z
er
/3 2,010
U l
O
SAMPLE SAMPLE
PORT P PORT P
TRANSFER PUMP
(10 - 20 GPM)
20,000-GALLON SAMPLE
FRAC TANKS 25 25
Micron Micron PORT
Filter Filter
FM SEWER
DISCHARGE
DRAIN DRAIN
A
f 1
NOTES:
0 BALL VALVE (NORMALLY OPEN) FIGURE 1:
BALL VALVE(NORMALLY CLOSED) FILE: WWPROCESSFLOW.dwg PROCESS SYSTEM LAYOUT
DRAWN BY: JIM 72 FLINT STREET
PRESSURE GAUGE . REVIEWED BY: MFG SALEM, MA
FM TOTALIZING FLOW METER AEG PROJECT No. 1899
Attachment II
South Essex Sewerage District Sewer Use Regulations
s
M AGroundwaterAGroundwaterSltes\Salem SuedeAAutherizatjon042210.(Iocz
h
SOUTH ESSEX SEWERAGE DISTRICT
• SEWER USE REGULATIONS
REVISION 11 . 03
EFFECTIVE DATE : FEBRUARY 15, 2006
TABLE OF CONTENTS
ARTICLE I GENERAL
Sections 1 . 1 Purpose and Policy
1 .2 Abbreviations
1 . 3 Definitions
ARTICLE II BUILDING SEWERS AND CONNECTIONS
Sections 2 . 1 Connection Permit
2 . 2 Wastewater Modification
2 . 3 Connection Permit Application
2 . 4 Connection Costs
2 . 5 Building Sewer
2 . 6 Connections for Non-Polluted Waters
2 . 7 Inspection
2 . 8 Construction Safeguards and Restoration
• 2 . 9 Member Community Reporting
2 . 10 Connection Permit Fees
ARTICLE III USE OF THE PUBLIC SEWERS AND POTW
Sections 3 . 1 General Discharge Prohibitions
3 . 2 Specific Discharge Limitations
3 . 3 Hauled Wastes
3 . 4 National Categorical Pretreatment Standards
3 . 5 State Requirements
3 . 6 District Requirements
3 . 7 Pretreatment by Dilution
ARTICLE IV ADMINISTRATION
Sections 4 . 1 Wastewater Discharge Permits
4 . 2 Monitoring Requirements
4 . 3 District Control
(i)
REV. 11.03
•
TABLE OF CONTENTS •
ARTICLE IV CONTINUED
4 . 4 Interceptors
4 . 5 Public Access and Confidentiality
4 . 6 False Statements, etc. Prohibited
4 . 7 Pretreatment Violations Publication
4 . 8 Charges and Fees
ARTICLE V ENFORCEMENT
Sections 5. 1 Enforcement Actions
5. 2 Notice of Violation
5. 3 Consent Orders
5. 4 Emergency Orders
5. 5 Show Cause Hearing
5. 6 Administrative Orders
5.7 Permit Action
5. 8 Appeals
5. 9 Further Appeal
5. 10 Administrative Civil Penalties
5. 11 Costs and Damages
5. 12 Termination of Discharge
5. 13 Civil Actions
5 . 14 Criminal Actions and Other Procedures
5 . 15 Miscellaneous
ARTICLE VI PENALTIES
Sections 6 . 1 Assessment of Administrative Civil Penalties
and Damages
6. 2 Procedure for Payment of Administrative
Civil Penalties, Costs and Damages
6 . 3 Procedure for Payment of Judicially
Determined Civil or Criminal Penalties, Costs
and Damages
6 . 4 Costs of Collection
ARTICLE VII POWERS AND AUTHORITY OF INSPECTORS
Sections 7 . 1 Right of Access
7 .2 Safety Requirements
7 . 3 Easements
7 . 4 Denied Access
(ii)
REV. 11.03
• TABLE OF CONTENTS
ARTICLE VIII VALIDITY
Sections 8 . 1 Effective Date
8 .2 Severability
8 . 3 Section Titles
(iii)
• REV. 11.03
ARTICLE I •
GENERAL,
Section 1 . 1 Purpose and Policy
These Sewer Use Regulations, Revision 11 . 03 (herein, "Regulations")
set forth requirements for wastewater contributors to public sewers
tributary to District facilities and for direct contributors to
District facilities . They are intended in part to enable the
District to comply with the Federal Water Pollution Control Act
(P. L. 92-500) as amended (33 U.S .C. 1251 et seq. ) and the General
Pretreatment Regulations (40 CFR Part 403) . These Regulations apply
to all Users of the District POTW, whether located inside or
outside the District.
Section 1 .2 Abbreviations
The following abbreviations shall have the following
meanings :
°C - degrees Celsius
OF - degrees . Fahrenheit
BOD - Biochemical Oxygen Demand •
CFR - Code of Federal Regulations
CMR - Code of Massachusetts Regulations
EPA or USEPA - United States Environmental
Protection Agency
gpd - gallons per day
IPP - Industrial Pretreatment Program developed in
accordance with 40 CFR 403 . 8 et seq.
MDEP - Massachusetts Department of Environmental
Protection
mg/L - milligrams per liter
NPDES - National Pollutant Discharge Elimination
System
POTW - Publicly Owned Treatment Works
•
REV. 11.03 1
• RCRA - Resource Conservation and Recovery Act
(42 U. S .C. 6901 et sea. )
SESD - South Essex Sewerage District
SWDA - Solid Waste Disposal Act (42 U. S .C. 6901 et
sec . ) —
TSS - Total Suspended Solids or Suspended Solids
USC - United States Code
Section 1 . 3 Definitions
Act or the Act . The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended (33 U. S .C. 1251 et seq. ) .
Authorized Reuresentative of the User. Either: (a) a principal
executive officer of at least the level of vice-president,. if the
User is a corporation; (b) the owner or operator of a facility from
which a discharge originates; (c) a general partner or proprietor,
if the User is a partnership or proprietorship respectively, (d) a
duly authorized representative of a municipality or local body or
other governmental agency, if the User is .a governmental entity; or
(e) a duly authorized representative of the individual designated
above, if such representative is responsible for the overall
operation of the facility from which the discharge of wastewater
originates and such authorization is submitted in writing to the
District.
Batch Discharge. The noncontinuous discharge of wastewater from a
container which has no streams entering the container during such
periods of discharge .
Biochemical Oxygen Demand (BOD) . The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard
laboratory procedure, five (5) days at 200C expressed in terms of
concentration (mg/L) .
Board. The governing body of the District, acting by itself or
through its designee .
Building Sewer. A sewer conveying wastewater from the premises of
a User to a public sewer.
Categorical Pretreatment Standard. Any National Pretreatment
Standard which applies to a specific category of Industrial User
and which appears in 40 CFR Chapter I, Subchapter N, Parts 405-471 .
• REV. 11.03 2
Composite Sample . A series of grab samples which, taken together, •
measures the quality of the wastewater over a specified period of
time . Samples may be composited based either on flow, or time . The
District may specify a minimum number of grab samples to use for a
composite sample and specify whether grab samples shall be
collected based on flow or time .
Contributory Industry. An industry which discharges a specific
pollutant, including 'but not limited to metals, at maximum
concentrations greater than or equal to maximum domestic
concentrations as determined by the District .
Cooling Water. The water discharged from any stream of air.
conditioning, cooling, refrigeration, or other system of heat
transfer. Non-contact cooling water is water used for cooling that
.does not come into direct contact with any raw material,
intermediate product, waste product or finished product and is
sufficiently free of contaminants to allow direct discharge to
surface water . Contact cooling water is water used in a process
for cooling purposes which has come in direct contact with the
process reactants or products .
Daily Average Limit . The highest allowable concentration for any
pollutant in a wastestream discharged during any one day by a User
based upon a composite sample, or, in the case of a batch •
discharge, based upon a grab sample.
Discharge . The introduction of pollutants into any District
facility or the POTW, including direct or indirect discharges to
public sanitary sewers .
District . The South Essex Sewerage District which acts through its
Board and the Board' s designee (s) .
District Sewer. Sewers owned and/or maintained by the District .
Environmental Protection Agency (EPA) . The United States
Environmental Protection Agency, or where appropriate the term may
also be used as a designation for the Administrator or other duly
authorized official of said agency.
Executive Director. The person holding the position of Executive
Director of the District or the Executive Director' s designee .
Existing Source. Any source of discharge the construction or
operation of which commenced prior to the publication by EPA of
proposed categorical pretreatment standards which will be
applicable to such source if the standard is thereafter promulgated
in accordance with Section 307 of the Act. •
REV. 11.03 3
• Garage. Any structure or property where one or more motor vehicles
are kept or stored, including among others a public or private
garage, carport, motor vehicle repair shop or paint shop, service
station, lubritorium, car wash, or any building used for similar
purposes .
Garbage . Solid wastes from the domestic and commercial prepara-
tion, cooking and dispensing of food, and from the handling,
storage and sale of produce, excluding rubbish and trash.
Grab Sample . A sample which is taken from a waste stream during a
discharge without regard to the time of day or the flow rate of the
discharge and over a period of time not to exceed fifteen (15)
minutes .
Hauled Waste. Any septage, industrial , septage, or water treatment
residuals removed from a septic tank or similar receptacle and
transported by truck to the POTW for discharge .
Hazardous Waste . Material including, but not limited to, any
material in whatever form which, because of its quantity,
concentration, chemical, corrosive, flammable, reactive, toxic,
infectious or radioactive characteristics, either separately or in
combination with any substance or substances, constitutes a present
or potential threat to human health, safety, welfare, or to the
environment, when improperly stored, treated, transported, disposed
of, used, or otherwise managed. The term shall not include oil,
but shall include waste oil and all those substances which are
included under 42 U. S .C. §. 9601 (14) , but it is not limited to
those substances . The term shall include, but shall not be limited
to, all materials regulated as hazardous waste or regulated
recyclable materials pursuant to 310 CMR 30 . 000.
Industrial User. A non-domestic source regulated under Section
307 (b) , (c) or (d) of the Act that discharges pollutants directly
or indirectly into a public sewer or the POTW.
Industrial Septage . The industrial wastes or industrial waste-
water that are removed from a holding tank, or similar receptacle .
Industrial Wastes or Industrial Wastewater. Any solid, liquid or
gaseous wastes and wastewater, exclusive of sanitary sewage,
resulting from an industrial or manufacturing process or discharged
from a commercial, governmental or institutional facility or from
the development, recovery or processing of natural resources,
including water treatment residuals .
Inflow. The discharge into a sewerage system, including service
connections, from such sources as, but not limited to, roof
• REV. 11.03 4 -
leaders, cellar, yard, and area drains, foundation drains, sump •
pumps, non-contact cooling water discharges, drains from springs
and swampy areas, manhole covers, cross connections from storm
sewers and combined sewers, catch basins, stormwaters, surface
runoff, or street wash water.
Interceptor. A device designed and installed so as to separate and
retain deleterious, hazardous or undesirable matter such as grease,
oils, and grit from normal wastes while permitting normal sewage or
liquid wastes to discharge into public sewers .
Interference. A discharge which alone or in conjunction with a
discharge or discharges from other sources : (1) inhibits or
disrupts the POTW, the POTW' s treatment processes or operations;
the POTW' s processes for, use of or disposal of sludge or of sludge
products; and (2) is a cause of a violation of the District ' s NPDES
permit or of the prevention of sewage sludge use or disposal.
"Interference" includes any inhibition or disruption which causes
or contributes to a violation of any requirement of the District' s
NPDES permit (including an increase in the magnitude or duration of
a violation) or causes or contributes to the prevention of sewage
sludge or sludge product use or disposal by the District in
accordance with the method(s) selected by the District and the
following statutory provisions and regulations or permits issued
thereunder (or more stringent state or local regulations) ; Section •
405 of the Clean ' Water Act, the Solid Waste Disposal Act
(SWDA) (including Title II, more commonly known as the Resource
Conservation and Recovery Act (RCRA) , and including state
regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA) , the Clean Air Act, the Toxic
Substances Control Act and the Marine Protection Research and
Sanctuaries Act.
Medical Waste. Isolation wastes, infectious agents, blood and
blood byproducts, pathological wastes, sharps, body parts, contami-
nated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes .
National Pollution Discharge Elimination System (NPDES) Permit. A
permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342) .
National Pretreatment Standard. Any regulation containing
pollutant discharge limits promulgated by the EPA in accordance
with Sections 30V (b) and (c) of the Act (33 U.S .C. 1317) which
applies to Industrial Users . This term includes prohibitive
discharge limits established pursuant to the Code of Federal
Regulations, 40 CFR 403 . 5 .
REV. 11.03 5
New Source .
1 • Any building, structure, facility or installation from
which there is or may be a discharge of pollutants, the
construction of which commenced after the publication of
proposed pretreatment standards under Section 307 (c) of
the Act which will be applicable to such source if such
standards are thereafter promulgated in accordance with
that section, provided that :
(a) the building, structure, facility or installation
is constructed at a site at which no other source
is located; or
(b) the building, structure, facility or installation
totally replaces the process or production equip-
ment that causes the discharge of pollutants at an
existing source; or
(c) the production or wastewater generating processes
of the building, structure, facility or installa-
tion are substantially independent of an existing
source at the same site. In determining whether
these are substantially independent, factors such
as the extent to which the new facility is inte-
grated with the existing plant, and the extent to
which the new facility is engaged in the same
general type of activity as the existing source,
should be considered.
2 . Construction on a site at which an existing source is
located results in a modification rather than a new
source if the construction does not create a new build-
ing, structure, facility or installation meeting the
criteria of (1) (b) or (c) above but otherwise alters,
replaces, or adds to existing process or production
equipment.
3 . Construction of a new source as defined under this
paragraph has commenced if the owner or operator has :
(a) begun, or caused to begin as part of a continuous
onsite construction program
(i) any placement, assembly, or installation of
facilities or equipment, or
(ii) significant site preparation work including
clearing, excavation, or removal of existing
• REV. 11.03 6
buildings, structures, or facilities which is
necessary for the placement., assembly, or
installation of new source facilities or
equipment; or
(b) entered into a binding contractual obligation for
the purchase of facilities or equipment which are
intended to be used in its operation within a
reasonable time. Options to purchase or contracts
which can be terminated or modified without
substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a
contractual obligation under this paragraph.
Pass Through. The passage of pollutants through the POTW into
receiving waters in quantities or concentrations which, alone or in
conjunction with discharges from other sources, is a cause of a
violation of any requirement of the District' s NPDES permit
(including an increase in the magnitude or duration of a
violation) .
Person. Any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental
entity or other legal entity and their agents or assigns . The
masculine gender shall include the feminine and the singular shall •
include the plural where indicated by the context .
pH. The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution .
Pollutant. Any material or substance that may cause an adverse
effect on the chemical, physical, biological or radiological
integrity of public sewers, the POTW, wastewater discharged to the
POTW or the POTW' s receiving waters .
Pollution Prevention. Any change in process, operations, materials
or management practices which results in significant reduction or
prevention of the introduction of pollutants into a waste stream.
Pretreatment . The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to, or in lieu of,
discharging or otherwise introducing such pollutants into the POTW
or public sewers. This reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or
by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
•
REV. 11.03 7
Pretreatment Requirement. Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
Pretreatment Standards . Prohibited discharge standards, National
Pretreatment Standards, Categorical Pretreatment Standards, and
local limits .
Process Wastewater. Wastewater discharged from an industrial or
manufacturing process or as defined by any Categorical Pretreatment
Standard as defined herein .
Prohibited Discharge Standards . Absolute prohibitions against the
discharge of certain substances . These prohibitions appear in
Section 3 . 1 of these Regulations .
Public Sewer . Any sewer tributary to District facilities that is
owned by .a municipality or the District .
Publicly Owned Treatment Works (POTW) . The treatment works
operated by the South Essex Sewerage District and its agents,
including any devices and systems, whether owned by the District or
under its control, used in the collection, storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes
of a liquid nature and also including, without limiting the
generality of the foregoing, the District' s treatment plant and
appurtenances, the sewers, pipes, pumping stations and other
devices conveying wastewater to the treatment plant, and sludge
processing systems whether operated by the District directly or by
a contractor or agent of the District .
Receiving Waters. Any water body which may be affected by the
discharge from the POTW including discharges through combined sewer
overflows .
Receiving Water Quality Standards : The Massachusetts Water Quality
Standards, as provided by M.G. L. Chapter 21, Section 27 .
Seotage . The wastes, primarily of sewage origin, that are removed
from a cesspool, septic tank, or similar receptacle including
wastes removed from a non-industrial food service interceptor.
Sewage/Sanitary Waste. Human excrement and gray water (household
showers, dishwashing_ operations, etc. ) .
Sewer. A pipe or conduit for carrying wastewater ..
Shall. A mandatory action; May. A permissive action.
•/1 REV. 11.03 g
Significant Industrial User. An Industrial User a) subject to •
Categorical Pretreatment Standard (s) ; and b) any other Industrial
User that i) discharges an average of 25, 000 gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown waste water) , ii) contributes a process wastestream
which makes up 5 percent or more of the average dry weather
hydraulic or organic capacity of the treatment plant or, iii) is
designated as significant by the District on the basis that the
Industrial User has a reasonable potential for adversely affecting
the POTW' s operation or for violating any National Pretreatment
Standard or requirement . Notwithstanding the foregoing, an
Industrial User meeting the criteria in (b) (i) or (b) (ii) is not a
Significant Industrial User, if the District finds it has no
reasonable potential for adversely affecting the POTW' s operation
or for violating any pretreatment standard or requirement in
accordance with the criteria in 40 CFR 403 . 4 (t) (2) and 40 CFR
403 . 8 (f) (6) .
Significant Noncompliance . A violation by an Industrial User
meeting one or more of the following criteria:
1 . Violations of wastewater discharge limits .
(a) Chronic violations . Sixty-six percent (66%) or
more of the measurements exceed the same daily •
maximum limit or the same average limit in a six-
month period (any magnitude of exceedance) .
(b) Technical Review Criteria (TRC) violations.
Thirty-three percent (33%) or more of all of the
measurements for each pollutant parameter taken in
a six-month period equal or exceed the product of
the same daily maximum limit or the same average
limit multiplied by the applicable TRC. (TRC=1 .4
for BOD, TSS, Fats, Oils and Grease; TRC=1 . 2 for
all other pollutants except pH) .
(c) Any other violation (s) of effluent limit (average
or daily maximum) that the Control Authority
believes has caused alone or in combination with
other discharges, interference or pass-through or
endangered the health of the sewage treatment
personnel or the public.
(d) Any discharge of a pollutant that has caused
imminent endangerment to human health/welfare or to
the environment and has resulted in the POTW' s
exercise of its emergency authority to halt or
prevent such a discharge . •
REV. 11.03 9
2 . Violations of :compliance schedule milestones contained in
a local control mechanism or enforcement order, for
starting construction, completing construction, and
attaining final compliance by 90 days or more after the
schedule date.
3 . Failure to provide reports for compliance schedules,
self-monitoring data, or categorical standards (baseline
monitoring reports, 90-day compliance reports, and
periodic reports) within 30 days from the due date.
9 . Failure to accurately report noncompliance .
5. Any other violation or group of .violations that the
Control Authority considers to be, significant .
Sludge. Waste containing varying amounts of solid contaminants
removed from water, wastewater or industrial wastes by physical,
chemical or biological means . This term shall include, but is not
limited to, all wastewater residuals ; including scum, grit,
screenings, and products thereof. This term does not include water
treatment residuals as defined herein.
Slug. A slug is any discharge of a non-routine, episodic nature,
including but not limited to.
(a) an accidental spill; or
(b) a non-customary batch discharge; or
(c) any discharge of water or wastewater which in
concentration of any given constituent or in quantity of
flow exceeds for any period of duration more than 5 times
the allowable average 29-hour concentration or flows
during normal operation and which may adversely affect
the POTW or public sewers; or
(d) the release of liquids from a large vat, vessel or
container into the POTW or public sewers in such a
manner:
(i) causing harm or threat of harm to the POTW or
public sewers, workers, or receiving waters; or
(ii) exhibiting concentrations of pollutants in excess
of the requirements of these regulations; or
(iii) causing a violation of any federal or state permits
issued to the District .
• REV. 11.03 10
State . The Commonwealth of Massachusetts. •
Storm Water. Flow resulting from any form of natural
precipitation .
Substantial Change . An increase or decrease of 2, 000 gpd or thirty
percent of the previous annual total average flow, whichever is
greater, or an increase or decrease of 10 pounds per day BOD or TSS
or thirty percent of the previous annual total average BOD or TSS
loadings, whichever is greater; or an increase or decrease of
twenty percent in the concentration or total pollutant loading of
any other pollutant including toxic metals or organic pollutants;
or as otherwise defined in an Industrial User' s wastewater
discharge permit .
Total Suspended Solids . The total suspended matter that floats on
the surface, or is suspended in water, wastewater, or other liquid,
and which is removable by laboratory filtering.
Toxic Pollutant . One of the pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by the EPA
under the provisions of Section 307 (33 U. S .C . 1317) of the Act .
Toxic Wastes . Wastes containing toxic or poisonous solids, liquids
- or gases in sufficient quantity, either singly or by interaction •
with other wastes, to injure or interfere with any sewage treatment
process including sludge disposal, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard in
receiving waters, and those wastes so designated under the Act, the
regulations issued thereunder, or under state law or regulations .
Upset . An exceptional incident in which a discharger unintention-
ally and temporarily is in a state of noncompliance with the
standards set forth in the applicable pretreatment requirements
and/or its permit terms due to factors beyond the reasonable
control of the discharger, and excluding noncompliance to the
extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation thereof.
User. A person, that discharges, or causes the discharge of
wastewater, directly or indirectly, into the POTW or a public sewer
tributary to District facilities .
Wastewater. Waste and water, whether treated or untreated,
discharged into or permitted to enter the POTW or a public sewer.
Water Treatment Residuals . Waste by-products produced during the
treatment of public or private drinking water or industrial water •
REV. 11.03 11
supplies other than recycled process water including, but not
limited to, filter backwash wastes and sedimentation wastes .
REV. 11.03 12
ARTICLE II •
BUILDING SEWERS AND CONNECTIONS
Section 2 . 1 Connection Permit
No. person shall uncover, make any connections with or opening into,
use, alter, or disturb any District sewer or appurtenance without
obtaining a connection permit from the Executive Director .
Section 2 . 2 Wastewater Modification
Any person proposing a new discharge, or a substantial change in
the character or volume of wastewater being discharged, directly or
indirectly, into a public sewer shall, in accordance with the
provisions of Section 4 . 1 . 3B (8) of Article IV of these Regulations,
notify the Executive Director at least forty-five (45) calendar
days before the proposed change or connection .
Section 2 . 3= Connection Permit Application
A person desiring to obtain a connection permit to a District sewer
shall make application on a form furnished by the Executive
Director. The connection permit application shall be supplemented
by plans, specifications, or other information considered pertinent •
by the Executive Director. The connection of the building sewer
into the District sewer shall conform to these Regulations and to
the requirements of the building and plumbing code or other
applicable rules and regulations of the, city or town in which the
work is located. The application shall contain the certification
and signatory requirements of Section 4 . 1 . 10 of Article IV of these
Regulations .
Section 2 . 4 Connection Costs
The cost of installing and connecting the building sewer shall be
borne by the User . The User shall indemnify the District from any
loss or damage that may directly or indirectly be caused by
installation of the building sewer. The District shall not be
liable for damage due to backflow if sewage does not overflow the
public sewer system itself .
Section 2 . 5 Building Sewer
A separate and independent building sewer shall be provided for
every building, except where otherwise allowed by the Board. The
size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the
pipe, jointing, testing and backfilling the trench, shall all
REV. 11.03 13
conform to the requirements of the building and plumbing code or
other applicable rules and regulations of the city or town in which
the work is located.
Section 2 . 6 Connections for Non-polluted Waters
No person or User shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other sources of
surface runoff or groundwater or other non-polluted waters to a
building sewer or building drain which is connected to a public
sewer unless specifically authorized by the Board. The Board may
authorize the discharge of stormwater from industrial sites where
the direct discharge of the stormwater. would impair environmental
quality.
Section 2 . 7 Inspection
The applicant for a connection permit to . a District sewer shall
notify the Executive Director when the building sewer is ready for
inspection and connection to the District sewer . The connection
shall be made under the observation of the Executive Director.
Section 2 . 8 Construction Safeguards and Restoration
Excavations for building sewer installation shall be adequately
S' guarded with barricades, lights, and other safeguards, to protect
the public from hazard. Street, side-walks, parkways, and other
public property disturbed in the course of the work shall be
restored in a manner satisfactory to the city or town in which the
work is located.
Section 2 . 9 Member Community Reporting
District member communities shall provide the District with a copy
of each application for a connection permit submitted by an
Industrial User as defined in these Regulations within seven (7)
days of receipt of said application.
In addition, District member communities shall submit annually by
January 31 of each year, ; a ,list of all new municipal sewer
connections, for the previous calendar year, discharging less than
15, 000 gallons per day pursuant to 314 CMR 12 . 07 (7) .
Section 2 . 10 Connection Permit Fees
A permit, and inspection fee in an amount to be determined by the
Board shall be paid to the District at the time a sewer connection
permit application is filed. The amount of the fee may vary
between permits for residential, commercial, industrial and other
REV. 11.03 14
private sewers . Fees shall be established by the Board for each
type of connection and may be changed from time to time to reflect
the cost of handling permits, inspections and the impact of the
sewer connections on the sewage collection system and the sewage
treatment system. Charges for use of District sewers and treatment
of wastes discharged directly to District sewers shall be assessed
as provided in these Regulations .
REV. 11.03 15
• ARTICLE III
USE OF THE PUBLIC SEWERS AND POTW
Section 3 . 1 General Discharge Prohibitions
No person shall discharge, or cause to be discharged, or allow to
be discharged, directly or indirectly, into a public sewer or the
POTW any of the following:
(1) pollutants that may pass through the POTW or cause
interference including, but not limited to, oxygen
demanding pollutants (BOD, etc. ) and/or toxic pollutants
released at a flow rate or concentration, either singly
or by interaction with other pollutants, that may injure
or interfere with any wastewater treatment process,
including sludge treatment and disposal, or constitute a
hazard to humans or animals, create a public nuisance,
create a toxic effect in the receiving waters or exceed
the limitations set forth in federal, state, or local
laws and regulations;
(2) pollutants that may create a fire or explosive hazard in
a public sewer or the POTW including, but not limited to,
wastestreams with a closed-cup flashpoint of less than
140OF (60°C) using the test methods specified in 40 CFR
261 . 21;
(3) solid or viscous substances in such quantities or of such
sizes as will cause obstruction to flow in sewers or
interference with the POTW (see also Section 3 . 2 (8) of
this Article) ;
(4) any wastewater having a pH less than 5 . 0 or more than
12 . 5 or otherwise causing corrosive structural damage to
the POTW, public sewers or equipment or endangering human
health (see also Section 3 .2 . 1 (1) of this Article) ;
(5) discharges which will inhibit biological activity in the
treatment plant resulting in interference, and in no case
discharges which cause influent temperature at the point
of introduction into the treatment plant to exceed 1040F
(40°C) (see also section 3 .2 . 1 (2) of this Article) ;
(6) radioactive wastes or isotopes of such half-life or
concentration that exceed limits established by state or
federal regulations;
•
REV. 11.03 16
(7) petroleum oil, nonbiodegradable cutting oil or products •
of mineral oil origin, in amounts that may cause
interference or pass through (see also Section 3 . 2 . 1 (3)
of this Article) ;
(8 ) pollutants which may result in the presence of toxic
gases, vapors or fumes within the POTW or public sewers
in a quantity that may cause acute worker health and
safety problems;
(9) trucked' or hauled wastewater except at discharge points
designated by the District in accordance with Section
3 . 3 (2) of these Regulations;
(10) substances that alone or in conjunction with other
discharges will cause the District to violate its NPDES
Permit or receiving water quality standards .
(11) wastewater which has originated outside the District .
Section 3 . 2 Specific Discharge Limitations
3 . 2 . 1 No person shall discharge, or cause to be discharged, or
allow to be discharged into a public sewer or the POTW •
' f any of the wastes described below unless a permit
therefor has first been obtained from the District,
provided that such discharge is not otherwise prohibited
in these Regulations or by other applicable state,
federal or local laws or regulations . Any such permit
shall be subject to: these Regulations and all applicable
federal, state and local laws and . regulations; any
federally approved local limitations; such limitations as
the District shall deem necessary to maintain adequate
reserve capacity; such limitations as the District shall
deem necessary to ensure that the discharge, in
combination with all other discharges, shall not cause
the Maximum Allowable Headworks Loadings as shown in
Exhibit 1 to be exceeded; and such other limitations as
may be approved from time to time by EPA in accordance
with 40 CFR 403 . 5 (c) and (d) . In forming an opinion as
to the acceptability of these wastes, the District will
give consideration to such factors as the quantities of
the subject wastes in relation to flows and velocities in
public sewers, materials of construction of public
sewers, nature of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant,
prevention of the introduction of pollutants that may be
hazardous or toxic and other pertinent factors . The
substances restricted by this Section include : •
REV. 11.03 17
• (1) wastewater with a pH lower than 6 . 0 or higher than
11 . 0 standard units, except that if a user
continuously measures the pH of its wastewater by a
properly located, installed, calibrated, maintained
and operated pH measurement system, temporary
excursions outside of the foregoing . range may be
permitted provided that no individual excursion
shall exceed fifteen minutes in duration and
provided that the excursion shall remain within the
limits set forth in Section 3 . 1 (4) , and except that
the limitations in this subsection shall not apply
to hauled wastes disposed of in accordance with
Section 3 . 3 of this Article (see also Section 3 . 3
(11) of this Article) ;
(2) wastewater having a temperature higher than 140OF
( 60°C) ;
(3) wastewater containing fats, oils or grease in
excess of 300 mg/L as measured by EPA approved
methods using grab sample analyses or containing
other substances which may solidify or become
viscous at temperatures between 32°F (0°C) and 140°F
(600C) , except that this limitation shall not apply
to hauled wastes disposed of in accordance with
Section 3 . 3 of this Article;
(4) wastes containing toxic materials including, but
not limited to, metals, inorganic pollutants, and
organic pollutants, which may singly or by
interaction with other wastes contribute to acute
or chronic toxic effects in the POTW effluent,
bioaccumulate in marine organisms, violate
receiving water quality standards, inhibit
biological wastewater treatment processes,
contribute to worker health and safety and/or air
quality violations or render wastewater treatment
sludge unsuitable for disposal by land application,
reuse or disposal as determined, by the District;
(5) wastewater with substances 'exerting or causing
turbidity or discoloration in such quantities as to
change noticeably the color of the wastewater at
the POTW including, but not limited to dye waters
and vegetable tanning sol-uta-o=;
(6) wastewater containing ' taste or odor producing
substances, in concentrations exceeding limits
• established by the District or state, federal, or
REV. 11.03 18
other public agencies or which either singly or by •
interaction with other wastes are sufficient to
create a public nuisance or are sufficient to
prevent entry into public sewers or POTW for
maintenance and repair;
(7) any inflow including, but not limited to, storm
water, roof runoff and street drainage, or
uncontaminated cooling water that is sufficiently
free from contamination to permit its discharge
directly into a storm drain or water course;
(8) improperly shredded garbage, defined as garbage
that has not been shredded to such a degree that no
particle is greater than one-half (�) inch or one
and 27/100 (1 . 27) centimeters in any dimension, so
that not all particles will be carried freely under
the flow conditions normally prevailing in public
sewers;
(9) sludge as defined herein;
(10) slug discharges as -defined herein;
(11) hazardous waste or wastewater resulting from •
treatment of hazardous or toxic wastes as
designated under state or federal law or regulation
including 310 CMR 90. 00 and 42 USC § 9601 (14) and
discharged to the POTW or public sewers by
dedicated pipe, truck, or rail;
(12) discharges containing pathogenic organisms or
medical wastes in such quantities as determined by
appropriate local, state and/or federal regulations
to be a hazard to public health or the health of
treatment plant personnel;
(13) filter backwash, sludges, screenings, or other
residues from industrial pretreatment processes;
(14) wastes containing detergents, surface active
agents, or other substances which may cause
excessive foaming in the POTW as determined by the
District;
(15) wastewater causing any single reading on an
explosion hazard meter at the point of discharge
into the POTW, or at any point in the POTW or
public sewers of more than ten (10 %) percent of •
REV. 11.03 19
• the Lower Explosive Limit of the meter;
(16) wastewater or waste containing metals including,
but not limited to, cadmium,. chromium, copper,
lead, nickel, zinc and similar objectionable or
toxic substances; or wastes exerting unusual BCD,
chemical oxygen demand or excessive chlorine
requirement, in concentrations above those normally
found in domestic wastes;
(17) except in the case of wastewater or waste that is
subject to a site specific discharge limitation
approved by EPA, , or any categorical limit,
wastewater or waste containing BCD or TSS in excess
of 2, 400 mg/L as measured by EPA approved methods,
except that these limitations shall not apply to
Hauled Wastes disposed of in accordance with
Section 3 . 3 of this Article;
(18) wastewaters or wastes containing materials or
having properties which the District has determined
may exert an adverse effect on the POTW, the
receiving waters, or sludge or sludge products or
otherwise endanger any public property or
constitute a nuisance.
3 . 2 . 2 The District may establish additional specific numeric
and/or qualitative discharge limitations or limitations
based on toxicity testing for individual users to be
contained in individual discharge permits to meet the
objectives of this Section.
(1) In determining specific discharge limitations the
District shall use procedures acceptable to EPA and
MDEP in accordance with 40 CFR 403 . 5 (c) . The
District may allocate pollutant loadings to
individual industries based on factors including,
but not limited to, whether and to what extent an
industry is contributory . with respect to a
particular pollutant, flow, past discharge
.loadings, ability to provide pretreatment or reduce
loadings, and the nature of the wastes in question,
provided that the District shall not cumulatively
allocate to Users a pollutant loading greater than
the treatment capacity of the POTW.
(2) Individual industrial limits may be established as :
uniform concentration limits applying to all
• industries; contributory flow limits with separate
REV. 11.03 20
limits for contributory and non-contributory •
industries; industry specific limits with separate
limits for industries discharging low, medium or
high concentrations of a specific pollutant; or by
other allocation procedures as allowed by EPA and
MDEP. Where contributory or industry specific
limits are established, the District shall first
allocate available treatment capacity to non-
contributory or low concentration industries before
determining the limits for contributory or medium
or high concentration industries .' Similarly,
medium concentration industries shall be allocated
available treatment capacity prior to establishing
limits for high concentration industries . Where
categorical limits apply to industries for a
specific pollutant, allocations will be made on the
basis of those limits provided that in the
District' s opinion sufficient capacity is available
to do so . The District reserves the right to
establish criteria for determining concentrations
or loadings defining low, medium and high
concentration industries .
(3) The District shall reserve a portion of the
available treatment capacity as ' both a safety •
factor and to allow for new Industrial Users.
Industrial User categories (i . e. low, medium, high
or non-contributory) will be determined by the
District for each applicable User . For existing
Users for which there is sufficient qualified data,
user categories may be based on past discharge
concentrations and/or loads . Industrial User
categories and wastewater treatment limits for new
Industrial Users or for existing industries without
sufficient data shall be established on the basis
of the best information available to the District
as to the types and quantities of pollutants
expected to be discharged by the types of processes
proposed to be used by the User and the current
available treatment capacity.
Section 3 . 3 Hauled Wastes
No person shall discharge, or cause to be discharged, or allow to
be discharged into a public sewer or the POTW Hauled Wastes unless
a permit has first been obtained from the District . For such
discharge of Hauled Wastes other than septage, both the generator
and the transporter shall obtain a permit. For the discharge of
septage, only the transporter shall obtain a permit . Any such •
REV. 11.03 21
• discharge of Hauled Wastes shall be subject to the limitations
established, under Sections 3 . 1 and 3 . 2 of this Article and the
following :
(1) All Hauled Wastes brought to District facilities for
treatment must originate within the District.
(2) No person shall cause Hauled Wastes it has either
generated or transported to be discharged into a public
sewer or District facilities other than into the septage
receiving facilities or other locations designated by the
District.
(3) All trucks will be charged the current rate for disposal
of septage, industrial septage or water treatment
residuals as established by the Board pursuant to
Sections 4 . 3 and 4. 8 of these Regulations . The minimum
charge, will be for 1000 gallons . Any truck over 1000
gallons will be charged on a pro-rated basis .
(4) If any part of a load contains any matter in violation of
these Regulations, the District may reject the load in
its entirety.
(S) Any person not paying a disposal bill (or any
part
•� thereof) in full within one month of billing shall
forfeit the right to use District facilities until all
bills are paid in full .
(6) Any person desiring to, use District facilities for
treatment of Hauled Wastes it has transported must
register the trucks to be used for hauling with the
District indicating the following:
(a) the company or individual ' s name, address, and
telephone number; and
(b) the capacity of each truck.
(7) Upon registering, each. truck will be given a numbered
registration sticker which is to be placed on a window in
the right front corner of the truck.
(8) The driver of each truck delivering Hauled Wastes to
District facilities shall complete a voucher for each
Toad. The driver shall receive one copy for his records.
The voucher shall contain certification and signatory
requirements as determined by the District .
•
REV. 11.03 22
(9) A sample of each truck load may be taken by the attendant •
and sent to the District laboratory for analysis . Split
samples will be available upon request .
(10) If the pH of a load is below 5 . 0 or over 12 . 5, the load
will not be accepted. The District reserves the right to
require verification of pH before the 'load is dumped.
(].1) If the concentration of BOD of a load is above 14, 000
mg/L, the load will not be accepted. The District
reserves the right to require verification of BOD
concentration before the load is dumped. .
(12) If the concentration of TSS and FOG of a load is above
30, 000 mg/L, the load will not be accepted. The District
reserves the right to require verification of TSS and FOG
concentrations before the load is dumped.
(13) If the laboratory analysis reveals any violation of
District regulations, appropriate action shall be taken
against the source of the Hauled Waste load and the
person who delivered it.
(14) The District may establish additional requirements for
discharge of industrial septage and water treatment •
residuals, including limitations on discharge periods .
Such additional requirements shall be established by
individual user permits .
Section 3 . 4 National Categorical Pretreatment Standards
3 . 4 .1 Federal Categorical Pretreatment Standards found in 40
CFR Chapter I, Subchapter N, Parts 405-471, as they may
be established and/or amended by EPA from time to time,
are hereby incorporated into these Regulations . If upon
promulgation the Federal Categorical Pretreatment
Standards are more stringent than applicable State
requirements and/or local limitations imposed under these
Regulations for sources in.that subcategory, the Federal
Standard shall immediately supersede the State
requirements and /or the local limitations imposed under
' these Regulations, and shall be enforceable pursuant to
the provisions of these Regulations .
3 . 4 . 2 Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of
a pollutant in wastewater, the District may impose
equivalent concentration or mass limits in accordance
with 40 CFR 403 . 6 (c) . •
REV. 11.03 23
• 3 . 4 . 3 When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the
same standard, the District may impose an alternate limit
using the combined wastestream formula in 40 CFR
403 . 6(e) .
3 . 4 . 4 A, user may obtain a variance from a categorical
pretreatment standard if the user can prove, pursuant to
the procedural and substantive provisions in 40 CFR
403 . 13, that factors relating to., its discharge are
fundamentally different from the factors considered by
EPA when developing the categorical pretreatment
standard.
3 . 4 . 5 A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403 . 15 .
Section 3 . 5 State Requirements
State requirements and limitations on discharges to public sewers
shall apply if they are more stringent than the federal
requirements and/or the limitations imposed under these
Regulations .
i Section 3 . 6 District Requirements
3. 6 . 1 In accordance with, and consistent with the objectives of
Article III, the District may establish specific
limitations on pollutant discharges to the POTW. As
noted in Section 3.2 of these Regulations, the Executive
Director shall limit any specific pollutant discharge
where such limitation is considered in the best interests
of the District in properly maintaining and operating the
POTW.
3 . 6 . 2 The District reserves the right to establish by amendment
to these Regulations and/or by individual user permits,
more stringent limitations or requirements as it deems
necessary. The District may also, by individual user
permits, establish less stringent limits or requirements,
subject to EPA approval, where doing so serves a specific
purpose and does not jeopardize the environment and is
not otherwise inconsistent with other local, state or
federal laws or regulations .
REV. 11.03 24
Section 3 . 7 Pretreatment by Dilution •
No User shall increase the use of water or in any other manner
attempt to dilute its wastewater discharge as a substitute for
adequate treatment to achieve compliance with the Categorical
Pretreatment Standards or other pollutant-specific limitations
developed by the District, or imposed by . state or federal
requirements .
REV. 11.03 25
• ARTICLE IV
ADMINISTRATION
Section 4 . 1 Wastewater Discharge Permits
4 . 1 . 1 Applicability
(1) Beginning with the effective date of these
Regulations certain Users shall be required to
obtain from the District a wastewater discharge
permit as set forth in this Article . Previously
issued wastewater discharge permits that are in
effect on the effective date of these Regulations
shall remain in effect, but shall be subject to
these Regulations, until a new or modified permit
is issued pursuant to these Regulations .
(2) Existing Industrial Users previously required to
obtain a wastewater discharge permit shall obtain a
new or modified wastewater discharge permit.
Existing Hauled Waste dischargers (generators and
transporters) and Significant Industrial Users not
previously required to obtain a wastewater
discharge permit shall obtain a wastewater
discharge permit . New sources and/or new
Industrial Users shall obtain a wastewater
discharge permit or a determination that a permit
is not required before connecting to a public sewer
or discharging, directly or indirectly into a
public sewer or the POTW. New Hauled Waste
dischargers shall obtain a wastewater discharge
permit before discharging into District facilities.
Any person proposing a wastewater modification as
referred to in Section 2 . 2 of these Regulations
shall obtain a modified wastewater discharge permit
or a determination that such modification is not
required before implementing the proposed change or
connection.
4 . 1 . 2 Permit Application
(1) Existing Industrial Users previously required to
obtain a wastewater discharge permit and existing
Hauled Waste dischargers shall complete and file
with the District an application for a wastewater
discharge permit or modified wastewater discharge
permit no later than ninety (90) calendar days
• after the effective date of these regulations . New
REV. 11.03 26
sources and/or new Industrial Users shall complete •
and file with the District an application for a
wastewater discharge permit no later than ninety
(90) days prior to the proposed date for
contributing to a public -sewer or the POTW. New
Hauled Waste dischargers shall complete and file
with the District an application for a wastewater
discharge permit no later than ninety (90) days
prior to the proposed date . for discharging into
District facilities . All applications shall be
signed by an authorized representative of the
applicant.
(2) When requested by the District, a User shall submit
information on the nature and characteristics of
its wastewater as part of a permit application or
renewal request . The District may provide a form
for this purpose . The District may require Users
to submit as part of an application the following
information: -
(a) All information required in a Baseline
Monitoring Report as provided in 40 CFR
403 . 12 (b) ;
(b) Description of activities, facilities, and
•
plant processes on the premises, including a
list of all raw materials and chemicals used
or stored at the: facility which are, or could
accidentally or intentionally be, discharged
to the POTW,
(c) Number and type of employees, hours of
operation, and proposed or actual hours of
operation;
(d) Each product produced by type, amount, process
or processes, and rate of production;
(e) Type and amount of raw materials processed
(average and maximum per day) ;
(f) Site plans, floor . plans, mechanical and
plumbing plans, and details to show all
sewers, floor drains, and appurtenances by
size, location, and elevation, and all points
of discharge;
(g) Time and duration of discharges; and •
REV. 11.03 27
• (h) Any other information as may be deemed
necessary by the District to evaluate the
wastewater discharge permit application.
(3) Incomplete or inaccurate applications will not be
processed and will be returned to the User for
revision.
4 . 1 .3 Permit Conditions
(1) A wastewater discharge permit shall include such
conditions as are deemed reasonably necessary by the
District to prevent pass through or interference,
protect the quality of the water body receiving the
treatment plant ' s effluent, protect worker health
and safety, facilitate sludge management and
disposal, and protect against damage to the POTW and
public sewers .
(2) Wastewater discharge permits shall contain:
(a) A statement that indicates the wastewater
discharge permit duration, which in no event
shall exceed five. (5) years;
•� (b) A statement that the wastewater discharge
permit is not transferable without prior
notification to the District in accordance
with Section 4 . 1 . 6 of these Regulations;
(c) Effluent limits based on applicable
pretreatment standards. Limits may be
expressed as daily average, maximum
instantaneous, monthly average or may be based
on other time periods as deemed appropriate by
the District;
(d) Pretreatment requirements, including self
monitoring, sampling, reporting, notification,
and record-keeping requirements . These
requirements shall include an identification
of pollutants to be monitored, sampling,
location, sampling frequency, and sample type
based on federal, state, and local law or
regulation;
(e) A statement of applicable civil and criminal
penalties for violation of pretreatment
standards and requirements, and any applicable
REV. 11.03 28
compliance schedule . Such schedule may not •
extend the time for compliance beyond that
required by applicable federal, state, or
local law or regulation.
(3) Wastewater discharge permits may also contain, but
need not be limited to, the following conditions :
(a) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or
requirements for flow regulation and
equalization;
(b) Requirements for the installation of
pretreatment technology, pollution control, or
construction of appropriate containment
devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into
the treatment works;
(c) Requirements for the development and
implementation of spill control plans or other
special conditions including management
practices necessary to adequately prevent
accidental, unanticipated, or non-routine •
discharges , including notification
requirements for ' accidental discharges or
spills in accordance with Section 4 .2 . 4 of
these Regulations;
(d) Development and implementation of pollution
prevention plans to reduce the amount of
pollutants discharged to the POTW;
(e) Any schedule of user charges or fees for the
management of the wastewater discharged to the
POTW;
(f) Requirements for installation and maintenance
of inspection and 'sampling facilities and
equipment;
(g) A statement that compliance with the
wastewater discharge .permit does not relieve
the permittee of responsibility for compliance
with all applicable federal and state
pretreatment standards, including those which
become effective during the term of the
wastewater discharge permit; •
REV. 11.03 29
(h) Requirements for notification to the District
• at least forty-five (45) calendar days before
any new introduction of wastewater
constituents. or any substantial change in the
volume or character of the wastewater
constituents being introduced into the POTW or
public sewer; and
(i) Other conditions as deemed appropriate by the
District to ensure compliance with these
regulations and state and federal laws, rules,
and regulations .
4 . 1 . 4 Permit Decisions
The District will evaluate the data furnished by the
User and may require additional information. Within 120
days of receipt of a complete wastewater discharge permit
application, the Executive Director will determine
whether or not to issue a wastewater discharge permit.
If no determination is made within this time period, the
application will be deemed denied. The Executive
Director may deny any application for a wastewater
discharge permit .
9 ,.1 . 5 Permit Duration
•� .Permits shall be issued for a maximum duration of five
(5) years. Permits issued for a period less than five
years shall expire on a specific date. Permit holders
shall apply for reissuance of a permit at least ninety
(90) days before its expiration.
4 . 1 . 6 Permit Transfer Prohibited
A wastewater discharge permit shall be issued to a
specific User for a specific operation. Permits shall
not be reassigned, transferred • or sold to a new User,
transferred to a different premises, applied to a new or
changed operation, or otherwise changed by the User.
4 . 1 . 7 Modification of Permits
(1) Any proposed change affecting a wastewater discharge
permit including, but not limited to, a proposed
change in ownership of the User' s facilities or a
proposed change in the User' s operations, shall
require an application for a modification of the
wastewater discharge permit. In its discretion, the
. • REV. 11.03 30 -
District may treat an application for a modification •
as an application for a new permit . No such change
shall be implemented until a modification or new
permit has been issued.
(2) Application for modification of the permit shall be
made at least thirty (30) days in advance of the
proposed change . Failure to comply with the
requirements to obtain a permit modification or new
permit shall render the wastewater discharge permit
void as of the date of the change.
(3) The terms and conditions of any permit also may be
modified by the District from time to time to
conform with approved modifications made to the IPP
in accordance with 40 CFR §403 . 18, to accommodate
changed conditions, and as local, state, and federal
law, rules and regulations are modified or amended.
The District may also modify a permit to address
changes in the POTW, public sewers, information
indicating that the permitted discharge poses a
threat to the POTW or receiving waters, violations
of the permit, misrepresentation, variance from
-\ categorical pretreatment standards, typographical or
other errors, transfer of ownership or operation. •
The User shall be informed of any proposed changes
in the permit at least fifteen (15) calendar days
before the effective date of such changes . Any
changes or new conditions in the permit shall
include a reasonable time schedule for compliance
which shall not exceed applicable federal deadlines.
4 . 1 . 8 Group/Tenant Permits
The District reserves the right to require any Industrial
User, including individual tenant occupants to comply
with all provisions of these regulations . The District
may, at its discretion, issue a single group discharge
permit to a group of users or user association
discharging to a s-ingle common private sewer or to the
owner of the physical facilities housing one or more
tenant users, where doing so is not inconsistent with
applicable federal, state or local law or regulation. In
issuing such a permit, each individual user shall be held
jointly and severally liable for all requirements of the
permit and shall be liable for civil and/or criminal
proceedings for any violation thereof. Each individual
discharger shall be named in the permit and all informa-
tion otherwise required for a discharge permit for an •
REV. 11.03 31
• individual user shall be provided for each user.
Additionally, if the permit is issued to a group of users
or to a user association, the users shall specify by
legally binding contract a common authorized
representative of each user subject to the District' s
approval . where required by the District or by any
federal, state or local law or regulation, individual
sampling and monitoring facilities shall be provided for
each individual user covered by the permit . Such a group
permit shall not be used to relieve any user from the
individual responsibility to comply with these
regulations or the requirements of any federal, state or
local law or regulation.
4 . 1 . 9 Appeal of Permits
(4) The issuance of a wastewater discharge permit, the
denial of any discharge permit application, an
action to modify a discharge permit, or the refusal
to renew a discharge permit may be appealed to the
Board. The appeal must be made in writing no later
than fourteen (14) calendar days after notification
of the appealed action, and must contain complete
and sufficient information for evaluation of the
factors to be considered by the Board.
('5) No later than thirty (30) calendar days after the
filing of an appeal, the Board shall, issue a
written decision on the appeal, stating the reasons
for the decision .
( 6) The wastewater discharge permit as issued, or the
modification or denial thereof, as the case may be,
shall remain in full force and effect pending the
appeal . Notwithstanding the foregoing, existing
Users appealing the Board' s deemed denial of a
requested permit modification or renewal shall be
allowed to continue to discharge as previously
permitted with no new discharge or substantial
change as referred to in Section 2 . 2 of these
Regulations until the Board either issues a permit
or until the appeals process is completed.
(7) If the Board fails to act within thirty (30) days,
an appeal shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not
to issue a wastewater discharge permit, or not to
modify a 'wastewater discharge permit shall be
considered final administrative actions for purposes
• REV. 11.03 32
of judicial review. •
(8') Aggrieved parties having the right to seek further
judicial review of the final administrative
wastewater discharge permit decision may file a
complaint with the Superior Court .
4 . 1 . 10 Signatory Requirements
All wastewater discharge permit applications and user
reports must be signed by an authorized representative of
the user and contain a statement certifying the contents
of the application or user report as follows :
I certify under penalty of law that this document
and all attachments were prepared under my direction
or supervision in accordance with a system designed
to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the
system, or those persons directly responsible for
gathering the information, the information submitted
is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are
significant penalties for submitting false •
information, including the possibility of fine and
imprisonment for knowing violations .
Section 4 .2 Monitoring Requirements
4 . 2 . 1 Monitoring Facilities
When required by the Board, the Industrial User of any
property serviced by the POTW shall install, at the
User' s own expense, monitoring facilities to enable
inspection, sampling, and flow measurement of the User' s
industrial wastewater. Such facilities shall be
accessible and safely located and shall be constructed in
accordance with plans approved by the 'Executive Director.
The monitoring facilities shall be maintained by the User
so as to be safe and accessible at all times . Any flow
monitoring devices required by the Board shall be
maintained and calibrated on at least a semi-annual basis
to within five percent accuracy. More stringent
calibration requirements may be made by the District on
a case-by-case basis .
•
REV. 11.03 33
. 4 . 2 . 2 Sample Collection and Analysis
( 1 ) All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater
discharge .permit application or report shall be
performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment
standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant
in question, sampling and analyses shall be
performed in accordance with procedures approved by
the .District and EPA.
(2 ) , Except as indicated below, the User shall collect
composite wastewater samples using flow proportional
collection techniques . In the event flow
proportional sampling is infeasible, the District
may authorize- the use of time. proportional sampling
or other sampling methods where the user
demonstrates that such methods will provide a
representative sample of the effluent being
discharged.
(3), Samples for fats, oil and grease, temperature, pH,
cyanide, phenols, sulfides, and volatile organic
compounds shall be .obtained using grab collection
techniques . Any User with pH control or subject to
Federal limits for pH shall install monitoring of pH
as required by the District.
4 . 2 . 3 Reports and Record Keeping
(1) Industrial Users shall perform such monitoring of
their discharges as the District may reasonably
require, including the installation, use, and
maintenance of monitoring equipment, keeping of
records and reporting of results of such monitoring
to the District. Reports- that may be required
include, but are not limited to, those required by
EPA regulations at 40 CFR 403 . 12 including:
(a) baseline monitoring reports (40 CFR
403 . 12 (b) ) ;
(b) progress reports on compliance schedule for
meeting categorical pretreatment standards (40
CFR 403 . 12 (c) ) ;
• REV. 11.03 34
(c) report on compliance with categorical •
pretreatment standard deadline (40 CFR
403 . 12 (d) ) ;
(d) periodic reports on continued compliance (40
CFR 403 . 12 (e) ) ;
(e) notice of potential problems, including slug
loading (40 CFR 403 . 12 (f) ) ;
(f) written reports detailing the cause of an
accidental or slug discharge to be submitted
to the District within five (5) days of such
discharge;
(g) notice of violation and results of resampling
(40 CFR 403 . 12 (g) (2) ) ;
(h) results of additional monitoring (40 CFR
403 , 12 (g) (5) ) ;
(i) reports for significant noncategorical
industrial users (40 CFR 403 . 12 (h) ) ;
ff (j ) notification of changed discharge (40 CFR •
403 . 12 (j ) ) ;
(k) hazardous. waste.discharges (40 CFR 403 . 12 (p) ) ;
(1) All user reports shall comply with applicable'
signatory and certification requirements in
accordance with the provisions of 40 CFR
403 . 12 (b) (6) , 40 CFR, 403. 12 (d) and 40 CFR
403 . 12 (e) .
(2) Upon request by the District, Industrial Users shall
make such records available to other agencies having
jurisdiction over discharges to the receiving water.
Users shall retain for a minimum of three (3) years
any records of monitoring activities and results and
shall otherwise comply with all record keeping
requirements found at 40 CFR 403 . 12 (o) .
4 .2 . 4 Accidental Discharge/Slug Control Plans
(1) At least once every two (2) years, the District
shall evaluate whether each Significant Industrial
User needs an accidental discharge/slug control
plan. The District may require any user to develop, •
REV. 11.03 35
submit for approval, and implement such a plan.
Alternatively, the District may, in its discretion,
develop such a plan for any User.
(2) An accidental discharge/slug control plan shall
address, at a minimum, the following:
(a) Description of discharge practices, including
nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the
District of any accidental or slug discharge,
as required by Section 4 .2 . 3 of these
regulations and 40 CFR 403. 12 (f) ; and
(d) Procedures to prevent adverse impact from any
accidental or slug discharge. Such procedures
include, but are not limited to, inspection
and maintenance of storage areas, handling and
transfer of materials, loading and unloading
operations, control of plant site runoff,
worker training, building of containment
structures or equipment, measures for
containing toxic ` pollutants, including
solvents, and/or measures and equipment for
emergency response.
Section 4 .3 District Control
4 . 3 . 1 If any waters or wastes are discharged or proposed to be
discharged into the POTW or public sewers containing the
substances or possessing the characteristics enumerated
in Article III hereof or which otherwise create a hazard
to life or constitute a public nuisance, the District
may:
(1) reject the wastes;
(2) require pretreatment to an acceptable condition for
discharge to the POTW or public sewers;
(3) require control over the quantities and rates of
discharge; or
(4) require 'payment to cover the added cost of handling
and treating the wastes and administering and
enforcing these Regulations not covered by existing
REV. 11.03 36
sewer charges under the provisions of Section 4 . 8 .
4 . 3 :2 If pretreatment or equalization of waste flows is
required, the design and installation of the plants and
equipment shall be reviewed by the District and shall
comply with the requirements of applicable ordinances,
regulations and laws .
4 .3 . 3 Whenever deemed necessary, the District may in individual
wastewater` discharge permits require Users to restrict
their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge,
separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be
necessary to protect the POTW or public sewers and deter-
mine the;User' s compliance with the requirements of these
Regulations .
. 4 . 3 . 4 Users shall provide wastewater treatment or flow-
equalizing facilities as necessary to comply with these
Regulations and ! shall achieve compliance with all
categorical pretreatment standards, local limits, and the
prohibitions set out in these regulations within the time
limitations specified by EPA, the State, or the District, •
whichever_ is more . stringent. Any facilities necessary
for compliance shall be provided, operated, and main-
tained at the User' s expense. Detailed plans describing
such facilities and operating procedures shall be
submitted to the District for review, and shall be
acceptable to the District before such facilities are
constructed: The review of such plans and operating
procedures shall in no way relieve the user from the
responsibility of modifying such facilities as necessary
to produce a discharge acceptable to the District under
the provisions of these Regulations .
Section 4 . 4 Interceptors
Grease, oil or sand interceptors shall be provided by the User
when, in the opinion of the District, they are necessary for the
proper handling ofliquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, other harmful wastes . All
interceptors shall ' be of a type and capacity approved by the
District and shall be easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned and
repaired regularly, as needed to maintain original treatment
efficiency, by the User at the User' s expense .
REV. 11.03 37
. Section 4 . 5 Public Access and Confidentiality
All information obtained by the District shall be .considered public
information. Subject to the requirements of applicable public
records laws, the District reserves the right to hold information,
supplied by.a User under these Regulations, as confidential if the
User is able to demonstrate to the satisfaction of the District
that the release of such information would divulge information
processes, or methods of production entitled :to protection as trade
secrets of the User. However, wastewater effluent data, as defined
by 40 CFR 2 . 302, obtained by the District or supplied by a User as
required by these Regulations, shall not be considered as
confidential and shall be available to the public without
restriction. Any request for confidentiality must be asserted at
the time of submission of the information or data .
Section 4 . 6 False Statements, etc. Prohibited
No person shall knowingly make any false statement or
representation in or in connection with any application, record,
report, plan or other document required by these Regulations nor
falsify, tamper with, or knowingly render inaccurate any monitoring
device or method required by these Regulations or by any order or
permit issued hereunder .
Section 4 . 7 Pretreatment Violations Publication
The District shall, annually publish in the largest local daily
newspaper published in the municipality in which the POTW is
located, a list of Industrial Users which were found to be in
significant noncompliance with applicable pretreatment requirements
at least once during the twelve (12) previous months.
Section .4 . 8 Chases and Fees
4 . 8 . 1 To provide for the recovery of costs from Users of the
POTW for the implementation, administration, and
enforcement of these Regulations, the District may
establish charges and fees as follows :
(1) Charges for monitoring, inspections, sampling,
surveillance and analytical procedures;
(2) Fees for reviewing plans for pretreatment
facilities, sewer connections, accidental discharge
procedures and construction;
(3) Fees for permit applications or modifications;
•
REV. 11.03 38
(4) Charges reflecting costs related to operation of the
POTW, treatment of wastewater and administration of
Industrial Pretreatment Program requirements .
4 . 8 . 2 Such charges and fees shall be published from time to
time in a schedule duly adopted by the Board.
•
REV. 11.03 - 39
ARTICLE V
ENFORCEMENT '
Section 5 . 1 Enforcement Actions
5. 1 . 1 Whenever, on the basis of information available to it,
the District determines that any User has violated, is
violating or may violate these Regulations or any
prohibition, limitation or requirement contained in a
Notice of Violation, order or permit issued under these
Regulations, the District may take any or all of the
following enforcement actions :
(1) issue a written Notice of Violation, which may
direct a User to submit a detailed schedule, subject
to such modifications as the District deems
necessary, setting forth actions to be taken to
correct or prevent a violation;
(2) enter into Consent Order agreements for voluntary
compliance and civil administrative penalties;
(3) issue an Administrative Order requiring the User to
comply with such section or requirement;
(4) issue an Administrative Order imposing upon the user
an implementation schedule ordering specific actions
and a time schedule;
(5) order the suspension or termination of service in
accordance with Sections 5. 4 and 5. 12 of these
Regulations;
(6) revoke, modify, deny, suspend or refuse to renew any
permit issued to the User by the District in
accordance with Sections 4 . 1 and 5. 7 of these
Regulations;
(7) impose administrative penalties for each day of each
violation and seek payment for damages pursuant to
Sections 5 . 10 and 5. 11 ;
(8) bring a Civil Action in accordance with Section 5. 13
of these Regulations;
(9) seek criminal action as provided by law; or
•
REV. 11.03 40
( 10) order a show cause hearing in accordance with Section
5 . 5 of these Regulations;
(11 ) take any other action available to it under federal,
state or local laws, rules or regulations .
5 . 1 .2 The enforcement actions and other remedies provided for
in these Regulations are not exclusive . The District may
pursue any, ail or any combination of actions and
remedies'available to it against a User'.
Section 5.2 Notice of Violation
Whenever, on the basis of information available to it, the District
determines that any User has violated, is violating or may violate
these Regulations, or any prohibition, limitation or requirement
contained in a Notice of Violation, order or permit issued
hereunder, the District may serve upon such User a written notice
stating the nature of the violation and requiring that the User
provide the District with a written explanation of the reason for
the violation and inform the District in writing of the action
taken to correct the violation and prevent its recurrence within a
reasonable time, not to exceed thirty (30) days . If with good
cause shown, the User cannot achieve compliance within thirty (30)
days, the User shall submit, for review and approval by the •
District, a plan for the correction of said violation. Any such
review and approval shall not relieve the User of its
responsibility for compliance . A Notice of Violation shall not be
a prerequisite to, nor shall it preclude, any other action against
the User.
Section 5.3 Consent Orders
The District may enter into Consent Orders of voluntary compliance
reached with a User responsible for non-compliance . Such orders
shall include the specific actions to be taken by the User to
correct the non-compliance within a time period also specified by
the order, as well as the agreed amount of any civil administrative
penalty. Consent Orders shall not be appealable. Consent Orders
shall have the same force and effect as Administrative Orders
issued pursuant to Section 5 . 6 below and shall be judicially
enforceable.
Section 5. 4 Emergency Orders
5. 4 . 1 Notwithstanding any other provisions of these
Regulations, upon determination by the District that a
discharge reasonably appears to present an imminent
danger to the health or welfare of persons or to the •
REV. 11.03 _ 41
• environment or threatens to interfere with the operation
of the POTW or other District facilities, the District
shall by informal oral or written notice order the User
to immediately terminate its discharge or to take such
corrective measures as are necessary to eliminate such
threat, and to give written proof of such termination or
other correction; and
5. 4 .2 After notice and such opportunity to respond as may be
set forth in the notice, the District shall take action
to halt or prevent the discharge . Such action may
include, but shall not be limited to, any or all of the
following: suspension of sewer service; assessment of
civil penalties; bringing a Civil Action for injunctive
or other appropriate relief as set forth in Section 5. 13 ,
The District shall reinstate sewer service and end the
period of penalty assessment upon proof of the
elimination of the non-complying discharge. A detailed
written statement prepared by the User describing. the
cause of the harmful contribution and measures taken to
prevent any future occurrence shall be submitted to the
District within such period of time, .not exceeding 15
days, following the occurrence as the District may order.
1 5. 4 . 3 Action by the District under this section shall not be a
j prerequisite to, nor shall it preclude, any other action
against the User.
Section 5..5 Show Cause Hearing
5. 5 . 1 The District may order any User who has violated, is
violating or may violate these Regulations or any
prohibition, limitation or requirement contained in a
Notice of Violation, order or permit issued hereunder, to
show cause why a proposed enforcement action should not
be taken. If the District orders such a hearing, a
notice shall be served on the User specifying the time
and place of the hearing, the reasons why the action is
to be taken, the proposed enforcement , action, and
directing the User to show cause to the Board why the
proposed enforcement action should not be taken. The
notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested)
at least ten (10) days before the hearing. Service may
be made on any agent or officer of a corporation.
5 . 5.2: The Board may itself conduct the hearing and take the
evidence, or may designate any of its members or any
• officer or employee of the District .to:
REV. 11.03 -42
(1) Issue in the name of the Board notices of hearings
requesting the attendance and testimony of witnesses
and the production of evidence relevant to any
matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing,
including transcripts and other evidence, together
with recommendations to the Board for action
thereon.
5. 5 . 3 At any, hearing held pursuant to these Regulations,
testimony taken shall be under oath and may be recorded
stenographically. Any transcript so recorded will be
made available to any member of the public or any party
to the hearing upon payment of the usual charges
therefor.
5. 5 .4 After the Board has reviewed the evidence, it may issue
an Administrative Order to the User responsible for the
discharge, and assess a civil penalty in such amount as
it deems appropriate in accordance with the provisions of
Section 6 .5 of these Regulations, and/or direct that,
1 following a specified time period, the sewer service be •
discontinued unless adequate treatment facilities,
devices or other related appurtenances are properly
operated. Further orders and directives as are necessary
and appropriate may be issued.
5.5 . 5 Except as provided in Section 5 . 12, the holding of a show
cause hearing shall not be a prerequisite to, nor shall
it preclude, any other action against the User.
Section 5. 6 Administrative Orders
5. 6 . 1 Compliance Orders
Whenever, on the basis of information available to it,
the District determines that any User has violated, is
violating or may violate .. these Regulations, or any
prohibition, limitation or requirement contained in a
Notice of Violation, order or permit issued hereunder,
the District may serve upon such User an order requiring
that the User come into compliance and/or take certain
specified corrective or preventive actions pursuant to a
specified time schedule. A Compliance Order may not
extend the deadline for compliance established for a
Federal pretreatment standard or requirement, nor shall •
REV. 11.03 43
. a Compliance Order release the User of liability for any
violation, including any continuing violation. Issuance
of a Compliance Order shall not be a prerequisite to, nor
shall it preclude, any other action against the User.
5. 6 . 2 Cease and Desist Orders
Whenever, on the basis of information available to it,
the District determines that any User has violated, is
violating or may violate these Regulations, or any
prohibition, limitation or requirement contained in a
Notice of Violation, order or permit issued hereunder,
the District may serve upon such User an order directing
it to cease and desist from all such violations and
directing the User to:
(1) Immediately comply with all requirements;
(2) Take such appropriate remedial or preventive action
as may be needed to properly address a continuing or
threatened violation, including halting operations
and/or terminating the 'discharge .
Issuance of a Cease and Desist Order shall not be a
prerequisite to, nor shall it preclude, taking any other
action against the'User.
Section 5. 7 Permit Action
The District may revoke, suspend, modify or refuse to renew any
permit issued under these Regulations for cause . Such causes
include, but are not limited to, the following:
(1) violation of any terms or conditions of the permit or
applicable law or regulation;
(2) obtaining a permit by misrepresentation or failure to
disclose fully all relevant facts;
(3) intentionally falsifying or misrepresenting records,
rendering inaccurate, tampering with or manipulating any
monitoring device or method used or required by the
District, to hide actual or potential violations of the
permit or applicable law or regulation; or
(4) intentionally violating or failing to comply with
actions, orders, directives and/or assessments imposed
pursuant to these Regulations .
•
REV. 11.03 44
The. taking of a Permit Action shall not be a prerequisite to, nor .
shall it preclude, taking any other action against the User.
Section 5 . 8 Appeals
5 . 8 . 1 When a Notice of Violation, Administrative Order and/or
an assessment notice is issued or a Permit Action is
taken without a preceding Show Cause Hearing, the
actions, orders, directives and/or assessments contained
therein may be appealed to the Board. The appeal shall
be made in writing no later than fourteen (14) calendar
days after notification of the appealed action, and shall
contain complete and sufficient supporting information
for evaluation of the factors to be -considered by the
Board.
5. 8 .2 No later than thirty (30) calendar days after the filing
of an appeal•, the Board shall issue a written decision on
the appeal, stating the reasons for -the decision.
Section 5. 9 Further Appeal
After the issuance of a final decision under either Section 5. 5. 4
or Section 5. 8, a User having the right to seek judicial review of
the decision may file with the appropriate court. •
Section 5 . 10 Administrative Civil Penalties
Any User who violates any provision of these Regulations or any
Notice of Violation, order or permit issued hereunder, shall be
subject to an administrative civil penalty not to exceed Ten
Thousand Dollars ($10, 000 . 00) per day for each day such violation
continues and shall be liable for all costs and damages incurred by
the District as a result of such violation. Each separate
violation each day shall be subject to assessment of a separate
penalty. Administrative assessment of penalties for such
violations shall be made in accordance with the provisions of
Article VI . Notwithstanding the foregoing, the District may
proceed directly to court in accordance with Section 5 . 13 or may
enter into a Consent Order with a user specifying an agreed amount
of a civil administrative penalty in accordance with Section 5. 3 .
Section 5. 11 Costs and Damages
Any User who violates any provision of these Regulations or any
Notice of Violation, order or permit issued hereunder, shall be
liable for all costs and damages incurred by the District as a
result of such violation, including, but not limited to, any or all
of the following: expenses, charges, claims, attorney' s fees, •
REV. 11.03 45
• losses, penalties, , cost of repairs or other :costs and damages .
Costs and damages may be assessed administratively in accordance
with Section 5. 10 and Article VI or pursuant to court action under
Section 5 . 13 and Section 5 . 14 .
Section 5. 12 Termination of Discharge
5. 12 . 1 In addition to the other actions set forth in this
Article V, the District may terminate a User' s discharge
for any of the following:
(1) Violation of one or more permit conditions;
(2) Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations
or wastewater volume, constituents and
characteristics prior to ,discharge;
(4) Refusal of reasonable access to the User ' s premises
for the purpose of inspection, monitoring or
sampling;
(5) Violation of discharge limitations set forth in
�✓ these Regulations .
(6) Any other violation which alone or in combination
with other violations by the User warrants
termination.
5. 12 .2 Such User will be notified of the proposed termination.of
its .discharge and be offered an opportunity to show cause
under Section 5. 5 of these Regulations why the proposed
action should not be taken.
Section 5. 13 Civil Actions
The District may bring a Civil Action for appropriate relief to
enforce these Regulations, including any requirement of a Notice of
Violation, permit or order issued hereunder, in a court of
competent jurisdiction. Such relief may include, but is not
limited to, any or all of the following: a permanent or temporary
injunction, the imposition of penalties or the recovery of costs
and damages as set forth in Sections 5 . 10 and 5. 11 .
•
REV. 11.03 46
Section 5 . 14 Criminal Actions and Other Procedures •
5 . 14 . 1 Without limiting the District' s right to pursue other
criminal actions under state or federal law, the District
may pursue criminal proceedings under Section 14 of
Chapter 339 of the Massachusetts Acts of 1925, as
amended, against anyone who knowingly violates any of
these Regulations or an order or permit issued hereunder
or who makes any false representation in an application,
record, 'report or plan, or who falsifies, tampers with or
renders inaccurate a monitoring device or method required
by any of these Regulations or an order or permit issued
hereunder or who without lawful authority injures,
destroys, or interferes with any property held or used by
the District for the purpose of constructing, operating
or maintaining the sewerage system. The penalty for any
of the foregoing shall be payment of a criminal fine of
not less than one thousand dollars nor more than ten
thousand dollars per day for each day such violation
continues and payment of all costs and damages incurred
by the District as a result thereof or imprisonment for
not more than one year, or both such fine and
imprisonment .
,l l 5. 14 .2 Nothing in these Regulations shall prevent the District •
from pursuing other legal or equitable rights or remedies
which may be available to it under federal, state or
local law, rules or regulations .
Section 5. 15 Miscellaneous
The District may, in its sole discretion, proceed with enforcement
action under Section 5. 13 or 5 . 14 with or without having first
taken any- other enforcement action hereunder. The taking of any
other enforcement action hereunder shall not be a prerequisite to
and shall not otherwise act as a bar to the District' s bringing a
civil action under Section 5 . 13 or pursuing other legal or
equitable rights or remedies under Section 5 . 14 . The issuance of
a final decision under Section 5. 5. 4 or Section 5. 8 shall not be a
prerequisite to the District' s proceeding under Section 5. 13 or
5. 14 .
•
REV. 11.03 47
ARTICLE VI
PENALTIES
Section 6 .1 Assessment of Administrative Civil Penalties Costs
and Damages
An administrative civil penalty as provided for in Section 5 . 10 and
costs and damages as provided for in Section. 5. 11 may be assessed
by the District against a User; in a written assessment notice
delivered to the User. The form of notice shall include, but shall
not be limited to, a Notice of Violation, Consent Order,
Administrative Order or decision. Each such assessment notice
shall :
(1) contain a concise statement of the violation and the date
of violation for each penalty assessed;
(2) state the amount of each penalty assessed ,and the factors
considered in determining the amount;
(3) state the amount and type of the costs and damages
incurred or to be incurred by the District as a result of
the violation (s) ; and
(4) state the procedure and deadline for payment of the
penalty, costs and damages .
Section 6.2 Procedure for Payment of Administrative Civil
Penalties, Costs and Damages
6 .2 . 1 Administrative civil penalties, costs and damages shall
be paid by certified check, cashier' s check, or money
order payable to the South Essex Sewerage District.
6 .2 .2 Administrative civil penalties, costs and damages each
shall be paid in full within thirty (30) days of service
of the assessment notice. The payment requirement shall
be stayed during , the pendency, of a hearing sought
pursuant to these Regulations .
6. 3 Procedure for Payment of Judicially Determined Civil or
Criminal Penalties, Costs and Damages
6 . 3 . 1 All civil penalties, costs and damages awarded to the
District as a result of a civil action brought by the
District pursuant to Section 5 . 13 or as a result of an
appeal by a User pursuant to Section 5. 9, and all
REV. 11.03 48
criminal fines, costs and damages as a result of criminal
proceedings brought pursuant to Section 5. 14, shall be
paid to the District by certified check, cashier' s check,
or money order payable to the South Essex Sewerage
District.
6 . 3. 2 Penalties, costs and damages shall be paid in full within
thirty (30) days of a final judgment or within such other
period as may be determined by the court .
6. 4 Costs of Collection
A person who fails to pay penalties, costs and damages in full and
on time shall be liable to the District for costs, interest and
attorneys fees incurred in collecting the payment, in addition to
any other liability or penalty resulting from such failure to pay.
•
REV. 11.03 49
ARTICLE VII
POWERS AND AUTHORITY OF INSPECTORS
Section 7 . 1 Right of Access
District personnel, bearing proper credentials and identification
shall have a right of ready access to any premises in which an
effluent source is located or in which any records required to be
maintained under Section 4 . 2 . 3 of these Regulations are located at
reasonable times of operation for inspection, sampling, records
examination, records copying, or other purposes relating to
District activities . The District shall have the right to set up
on the User' s property such devices as are necessary to conduct
sampling, inspections, compliance monitoring, and/or metering.
Where a User has security measures requiring proper identification
and clearance before entry, the User shall make necessary
arrangements so that upon presentation of suitable identification,
personnel from the District are permitted to enter, without delay.
Section 7 . 2 Safety Requirements
While performing necessary work on private properties, District
personnel shall observe safety rules for the premises established
by the User. The User shall be held harmless for injury or death
to District personnel and the District shall indemnify the User
against liability claims growing out of the work performed by
District personnel, except as may be caused by negligence or
failure of the User to maintain safe conditions .
Section 7 . 3 Easements
The duly authorized employees of the District bearing proper
credentials and identification shall be permitted to enter all
private properties through which the District holds a duly
negotiated easement for the purpose of, but not limited to,
inspection, observation, measurement, sampling, repair, and
maintenance of any portion of the POTW lying within said easement.
All entry and subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the easement pertaining
to the private property involved. The provisions of this Section
are in addition to and complementary to the provisions of Section
7 . 1 and do not limit or restrict in any way the general nature of
the rights accorded to the District or the obligations imposed upon
Users by Section 7 . 1 .
Section 7 . 4 Denied Access
In addition to the enforcement actions and remedies available under
• REV. 11.03 50
Article V of these Regulations, if District personnel have been .
refused access to a building, structure or property or any part
thereof, and if the District has demonstrated probable cause to
believe that there may be a violation of these Regulations or that
there is a need to inspect as part of a routine inspection program
. designed to verify compliance with these Regulations or any permit
or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the District may petition
the appropriate court to issue a search and/or seizure warrant .
•
REV. 11.03 51
s"
ARTICLE VIII
- VALIDITY
Section 8 . 1 Effective Date
These Regulations, shall be enacted by the Board followed by
publication of notice of the enactment in the Salem News . These
Regulations shall be effective as of a date following enactment and
publication as specified by the Board in the public notice . Upon
the effective date of these Regulations, all prior Sewer Use
Regulations enacted by the District shall be superseded by these
Regulations .
Section 8 . 2 Severability
If any provision, paragraph, word, section or article of these
Regulations is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, and articles
shall not be affected and shall continue in full force and effect.
Section 8 . 3 Section Titles
The article and section titles in these Regulations are descriptive
only and have been provided for ease of reference. They are not
intended, nor shall they be interpreted, to limit these Regulations
in any way.
2/SESD/Sewer Use Regulations Revision 11.03
REV. 11.03 52
EXHIBIT 1
TO
SOUTH ESSEX SEWERAGE DISTRICT
REVISED SEWER USE REGULATIONS (REVISION' 11 . O3)
MAXIMUM ALLOWABLE INDUSTRIAL HEADWORKS LOADINGS
REV. 11.03 53 •
Maximum Allowable Headworks Loadings
Pollutant J2,3 Maximum Allowable Headworks Load
Ibs/da
Arsenic 5.64
Cadmium 1,88
Chromium 50.1
Cc er 48.2
C anide 14.9
Lead 22.9
Nickel 20.3
Silver 20.6
Zinc 165
BOD4 .46,100
TSS 47,400
Notes:
(1)The source of the metals data is Table 7.1 of"South Essex Sewerage
District Development of Local Industrial Pretreatment Limits",(Nov. 2003).
.� (2)The source of the BOD 8 TSS is Table 3.3 of"South Essex Sewerage
District High Strength Waste Recommendations for Control Mechanisms",
(Nov.2003).
(3) Please refer to individual user permits for specific limits for individual users,
as approved by the EPA
(4)See Table 3.7 of"South Essex Sewerage District High Strength Waste
Recommendations for Control Mechanisms"(Nov.2003)for safety factors and
reserve quantities.
JJS071312003 Sewer Ordinance/sewer ordinance table -2.xls
a CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3"D FLOOR
hB TEL. (978) 745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPER-IY/BUILDING COMMISSIONER
September 02,2009
Salem Suede Inc.
Alan Zion—President
54 Country Club Way
Ipswich Ma. 01938
R.E- 72 Flint Street
Dear Mr. Zion,
As you are aware, two recent incidents at your property(the roof collapse and the fire on
Monday) and the ongoing abatement and cleanup, have brought your building to a point where I
am declaring it "Dangerous and Unsafe" as described in section 121.0 through 121.8 of the State
Building Code. Under the Authority of the State Building Code 780 C.M.R sections 121.0
through 121.8 You are directed to continue your permitting and to begin demolition of the
structure as early as possible. There is no Appeal from this order. You do have the remedies
prescribed under M.G.L 139 if you feel you are aggrieved by this order.
If you have any questions ,please contact me directly.
Tho?"S—st.Pierr�e��
Building Commissioner/Zoning Officer
cc. Jason Silva, Chief Cody, Dave Knowlton. Councilor Prevey, Art. Scott Grover
Jane Guy,Carey Duques David Greenbaum
9069 99TO 9000 oohE 66oZ
CITY OF SALEM, MASSACHUSETTS T -
BUILDING INSPECTOR
120 WASHINGTON STREET, 3RD FLOOR
s1
SALEM, MASSACH US ETTS 01970 i, •'
I
----------------------------------------------
A
•O U 1 D o0 o UNITEos
N
w ON�
U Salem Suede Inc.
Alan Zion, President
54 Country Club Way F G o �O
Ipswich, Ma. 01938 ?ice , w1b"
XA -
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION I I
■ complete items 1,2,and 3.Also complete A Signature M Agent
Item 4 if Restricted Delivery is desired.
X [I Addressee
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Rem 17 ❑Yes
' 1. Article Addressed to: If YES,enter delivery address below: Q No SCJQ
I
I! I �1 3. Service Type
I � C�(�.h f ❑Certified Mall ❑Express Mail
❑Registered ❑Return Receipt far Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
II I
2. Article Number
(fransler/rom service label) \ -
109 't`t'15a0
PS Form 3811,Febwary,2004 Domestic Return Receipt \\\
l ,
ri
R.I. S .
50 Kearney Road
Suite 4
Needham,Ma. 02494
Work Plan
SALEM SUEDE
72 FLINT STREET
SALEM, MA.
Prepared by:
Regional Industrial Services
August 30, 2009
Table of Contents
1.0 Introduction
2.0 Project Description/Site Description
3.0 Sequence of Work
4.0 Preliminary Project Schedule
5.0 Hazardous Materials/Asbestos Abatement
6.0 Dust Control
7.0 Disconnection of Utilities
8.0 Site Preparation
9.0 Demolition of Structures
10.0 Segregation of materials
11.0 Transportation and Disposal of Materials
12.0 Final Cleanup
t
1.0 Introduction
The purpose of this work plan is to outline the project and its varying
tasks in sufficient detail to identify how the contractor intends on managing and
performing the work. The plan will hopefully address all concerns raised by both the
City of Salem, other agencies involved and neighbors to the project. The plan will be
utilized and modified if necessary as jobsite conditions allow to keep project flowing
smoothly to everyone's satisfaction.
2.0 Project Description
This project consists of the total demolition of the Salem Suede
property. Demolition will follow completion of required prior steps including, DigSafe
Notification,DEP Notifications,Erosion Control,Hazardous materials and Asbestos
abatement, utility disconnects, and any prep work necessary to obtain all required
permits. All of the buildings will be demolished and foundations will be removed.
3.0 Sequence of work
The project tasks will be performed as follows:
1) Notice to Proceed
2) File DEP demolition, asbestos notifications
3) Dig Safe notification *
4) Erosion control, fencing
5) Hazmat removal,asbestos abatement
6) Cut/cap utilities *
7) Obtain required permits *(these items must be completed before applying
for demolition permit)
8) Mobilize equipment
9) Demolition of buildings
10) Segregation of materials
11) Transportation and offsite disposal of salvage materials (overlap with items
9 & 10)
12) Final cleanup and rough grading to make safe
4.0 Preliminary Schedules
Asbestos Abatement--- Approximately 4 weeks
Hazardous Waste Removal---Approximately 4 weeks
Demolition— Approximately 6-8 weeks (some of this will overlap abatement
schedule.
5.0 Hazardous Mat'l/Asbestos Abatement
RIS Corp will contract only with a licensed and experienced sub-contractor to
perform this scope of work as outlined in the contract documents.
RIS Corp's sub-contractor will do all required notifications, (city and state), and
perform work to proper industry standards and regulations.
6.0 Dust Control
Dust control will be with proper authorization and permits by R.I.S. using City
of Salem fire hydrants. Inch and a half fire hose will be connected to a meter
and backflow, preventer as per city regulations will be used to control dust
during demolition.
7.0 Disconnection of Utilities
Following notification of DigSafe, utility disconnects will be performed by the
appropriate servers, or by qualified, licensed professionals recognized by the
City of Salem. Proper permits will be obtained as necessary.
8.0 Site Preparation
Site preparation prior to demolition will include; erosion control measures in
place, Tree removal as necessary, and clean up of existing trash and debris
around building perimeter.
9.0 Demolition of Structure
R.I.S. Corp. will commence demolition only upon receiving a valid DigSafe
number, demolition permit from the City of Salem and filing the appropriate
notifications. Demolition will be by mechanical methods using Bobcats and
excavators to segregate demolition debris as it comes down. Metal and
salvageable timber and lumber will separated from demolition debris constantly
during this process. Demolition debris will remain within the building footprint
and be loaded out on a regular basis. Salvaged metal will be loaded into
dumpsters as it comes down and salvaged timber and lumber will be sorted by
size and stockpiled ready to be loaded onto trailers for shipping. The building
demolition sequence will be as follows: J.C.Fence building first, One- Story
addition on north side of main building second. Once that addition is down the
plan is to begin the main building just west of the brick wall separating the brick
and wood building from the all wood building. After sufficient wood building is
razed to ground level, excavators will complete building from inside building
footprint, one working westward to complete the wood building and one
working east toward the canal. Extreme care,will be taken to insure that no
debris ends up in the canal. Exterior walls will be taken down from the top
down, pulled into the footprint of the building in a controlled manner so as to
eliminate any likelihood of collapse. Excavators will be equipped with
demolition grapples, concrete pulverizers and buckets. Throughout this process
dust will be controlled with 11/2" fire hose connected to fire hydrant or to a
water service set up specifically for this purpose. Proper permits will be applied
for and obtained from the City of Salem prior to usage. These methods should
minimalize noise and dust problems. Demolition will proceed until building is
razed. All wood and C&D Material will be stockpiled in the building footprint
for staging area until load-out operations commence. Masonry will also be
brought into the footprint as areas of C&D are hauled away to reduce the risk of
commingling the debris. Salvaged metal and steel will be loaded out
simultaneously to respective recycling facilities. As footprint is cleaned of
debris concrete removal will begin.
10.0 Segregation of Materials
Debris resulting from demolition will be segregated into different piles for load-
out (i.e. metals, ferrous and non-ferrous, recyclable C&D,Non-recyclable C&D,
masonry, etc. This will occur as an ongoing part of the demolition process.
11.0 Transportation and Disposal of Materials
C&D material not scheduled for on site recycling will be loaded into open top
Trailers / dumpsters and transported to an off-site licensed disposal/recycling
facility. (See Demolition Disposal Affidavit)
12.0 Final Clean up
Upon completion of demolition; final clean up will be done to ensure project is
completed to the satisfaction of the City of Salem..
° CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
\ '� 120 WASHINGTON STREET,31D FLOOR
FMB TEL. (978) 745-9595
FAx(978) 740-9846
IQMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
July 24, 2009
Salem Suede Inc
Alan Zion- President
72 Flint Street
Salem Ma. 01970
R.E. Roof collapse
Mr Zion,
The Salem Fire Department responded to your building last night due to a sprinkler alarm. Upon
arrival, Salem Fire determined that the water flow was caused by a sprinkler pipe that had broken
due to a section of the roof that had collapsed on it.Salem fire then called me to the scene. The
roof,in my opinion and based on visual observations,collapsed due to water ponding on the roof
and deterioration of the roof beams along the edge of the roof due to long term leaking. .
You are directed to retain the services of a Licensed Structural Engineer to address the repair to
this section of the roof. You are further directed to have a Structural engineer examine the rest of
the structure and to submit a written report to this office. Failure to comply with this order will
result in the building being declared"unsafe"per section 120 of the Mass.State Building Code.
The Inspection and report needs to take place as soon as possible.If you have any questions
,please contact this office. If you feel you are aggrieved by this order, your Appeal is to the
Board of Buildings,Regulations and Standards in Boston..
f
Tho S S, Pierre
Building Commissioner/Director of Inspectional Services
cc.file, Jason Silva,Fire Prevention,Councillor Prevey,Electrical Department
CITY OF SALEM, MASSACHUSETTS
�' y! BUILDING DEPARTMENT
it
120 WASHINGTON STREET,3RD FLOOR
+nm's TEL. (978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
September 02,2009
Salem Suede Inc.
Alan Zion—President
54 Country Club Way
Ipswich Ma. 01938
R.E- 72 Flint Street
Dear Mr. Zion,
As you are aware, two recent incidents at your property(the roof collapse and the fire on
Monday) and the ongoing abatement and cleanup, have brought your building to a point where I
am declaring it "Dangerous and Unsafe" as described in section 121.0 through 121.8 of the State
Building Code. Under the Authority of the State Building Code 780 C.M.R sections 121.0
through 121.8 You are directed to continue your permitting and to begin demolition of the
structure as early as possible. There is no Appeal from this order. You do have the remedies
prescribed under M.G.L 139 if you feel you are aggrieved by this order.
If you have any questions ,please contact me directly.
Tholpas St.Pierre
Building Commissioner/Zoning Officer
cc. Jason Silva, Chief Cody, Dave Knowlton. Councilor Prevey, Att. Scott Grover
Jane Guy,Carey Duques David Greenbaum
CC: CITY SOLICITOR;. CHAIRMAN
BD. OF APPEALS; LD. OF APPEAL
LAW OFFICE OF EDWARD T. PATTEN
P.O. BOX 2031
828 MAIN STREET
DENNIS, MA. 02638
TEL: 508-385-6031
FAX; 508-385-1984 = '>
_ A
Edward T. Patten,Esq.
Etp@zisson-veara.com
November 20, 2007 µ
r
Ms. Cheryl A. Lapointe
City Clerk
City of Salem
120 Washington Street
Salem, Ma. 01970
Re: Scanlon et als.v. Stein et als.
Land Court Department of the Trial Court
Dear Ms. Lapointe:
With respect to the above-captioned zoning appeal, I have sent to you with this letter the
original "Plaintiffs' Notice of Action"and a copy of the"Complaint," and "Civil Action Cover
Sheet."
If you have any questions about this matter, please feel free to contact me.
Cordially,
Edward T. Patten
Enclosures
C
COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
OF THE TRIAL COURT "
ESSEX, SS. MISC. CASE NO.
LORENE SCANLON, ZACHARI DELIGIANIDIS, SONJA HERNANDEZ,
WILLIAM PENTA, RICHARD T. LAPERCHIA,DARROW A. LEBOVICI,
JANE CURTIS ARLANDER,RICHARD A. LUECKE,
JACQUELINE M. WASHBURN,NICHOLAS N.NOWAK,
MORRIS L. SCHOPF,STEPHEN D. WHITTIER, MARTIN H. IMM,
HUMPHREY GARDNER,JOHN L. HAYES,
WILLIAM RUSSELL BURNS,JR.,WILLIAM L. WRIGHTSON
AND
THE FEDERAL STREET NEIGHBORHOOD ASSOCIATION,INC.,
PLAINTIFFS
V.
ROBIN STEIN, REBECCA CURRAN, BONNIE BELAIR, RICHARD DIONNE,
BETH DEBSKI, STEVE PINTO AND ANNIEHARRIS, as they constitute the
members of the City of Salem Board of Appeal and RIVERVIEW PLACE LLC,
APPLICANT,
DEFENDANTS
NOTICE OF ACTION
All plaintiffs in the above-captioned matter give notice that they have sought
judicial review in the Land Court Department of the Trial Court at Boston of the
November 2, 2007 Decision of the City of Salem Board of Appeal granting certain
variances upon the Petition of Riverview Place LLC pertaining to the property located at
72 Flint Street and 67-69 & 71 Mason Street, Salem, Ma.
Plaintiffs,
their attomey,
Edward T. Patten, sq.
BBO#546386
P.O. Box 2031
828 Main Street
Dennis, Ma. 02638
508-385-6031
COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
OF THE TRIAL COURT
ESSEX,SS. MISC. CASE NO.
LORENE SCANLON, ZACHARI DELIGIANIDIS, SONJA HERNANDEZ, - '
WILLIAM PENTA, RICHARD T. LAPERCHIA, DARROW A. LEBOVICI,
JANE CURTIS ARLANDER, RICHARD A. LUECKE, ,� L
JACQUELINE M. WASHBURN,NICHOLAS N. NOWAK, L-
MORRIS L. SCHOPF, STEPHEN D. WHITTIER,MARTIN H. IMM,
HUMPHREY GARDNER,JOHN L. HAYES,
WILLIAM RUSSELL BURNS, JR., WILLIAM L. WRIGHTSON
AND
THE FEDERAL STREET NEIGHBORHOOD ASSOCIATION, INC.,
PLAINTIFFS
V.
ROBIN STEIN,REBECCA CURRAN, BONNIE BELAIR, RICHARD DIONNE,
BETH DEBSKI, STEVE PINTO AND ANNIE HARRIS, as they constitute the
members of the City of Salem Board of Appeal and RIVERVIEW PLACE LLC,
APPLICANT,
DEFENDANTS
COMPLAINT
COUNTI
[Appeal pursuant to G.L. c. 40A, sec. 17]
PARTIES
1. The plaintiff,Lorene Scanlon("Scanlon"), is a natural person of legal age who resides
at and is the owner of real property located at 77 Mason Street, Unit 1, Salem, Essex
County, Massachusetts. -
2. The plaintiff, Zachari Deligianidis ("Delgianidis"), is a natural person of legal age who
resides at and is the owner of real property located at 73 Mason Street, Salem, Essex
County, Massachusetts.
3. The plaintiffs, Sonja Hernandez and William Penta are natural persons of legal age
who reside at, and Hernandez is the owner of real property located at, 89 Flint Street,
Salem,Essex County, Massachusetts. -
4. The plaintiff, Richard T. Laperchia, is a natural person of legal age who resides at and
is the owner of real property located at 70 Oak Street, Salem,Essex County,
Massachusetts.
5. The plaintiff, Darrow A. Lebovici, is a natural person of legal age who resides at and is
the owner of real property located at 122 Federal Street, Salem, Essex County,
Massachusetts.
6. The plaintiff,Jane Curtis Arlander, is a natural person of legal age who resides at and
is the owner of real property located at 93 Federal Street, Salem, Essex County,
Massachusetts.
7. The plaintiff, Richard A. Lueeke, is a natural person of legal age who resides at and is
the owner of real property located at 2 River Street, Salem, Essex County,
Massachusetts.
8. The plaintiff, Jacqueline M. Washburn, is a natural person of legal age who resides at
and is the owner of real property located at 143 Federal Street, Salem, Essex County,
Massachusetts.
9. The plaintiff,Nicholas S. Nowak, is a natural person of legal age who resides at and is
the owner of real property located at 356 Essex Street#2, Salem, Essex County,
Massachusetts.
10. The plaintiff, Morris L. Schopf, is a natural person of legal age who resides at and is
the owner of real property located at 1 Cambridge Street , Salem, Essex County,
Massachusetts.
11. The plaintiff, Stephen D. Whittier, is a natural person of legal age who resides at and
is the owner of real property located at 10 River Street, Salem, Essex County,
Massachusetts.
12. The plaintiff, Martin H. Imm,is a natural person of legal age who resides at and is the
owner of real property located at 174 Federal Street, Salem, Essex County,
Massachusetts.
13. The plaintiff, Humphrey Gardner, is a natural person of legal age who resides at and
is the owner of real property located at 170 Federal Street, Salem, Essex County,
Massachusetts.
14. The plaintiff, John L. Hayes, is a natural person of legal age who resides at and is the
owner of real property located at 21 Fairmount Street, Salem, Essex County,
Massachusetts.
15. The plaintiff, William Russell Burns, Jr., is a natural person of legal age who resides
at and is the owner of real property located at 2 Beckford Street, Salem, Essex County,
Massachusetts.
16. The plaintiff, William L. Wrightson, is a natural person of legal age who resides at
and is the owner of real property located at 41 Chestnut Street, Salem, Essex County,
Massachusetts.
IT. The plaintiff, The Federal Street Neighborhood.Association, Inc. (The,_,
"Association"), is a Massachusetts Non-Profit Corporation in good standing with a usual
place of business at 104 Federal Street, Salem, Essex County, Ma.
18 . The City of Salem Board of Appeals (the `Board") is a duly constituted board of the
City of Salem having its offices at 120 Washington Street, 3rd Floor, Salem, Ma. 01970.
19. The names and addresses of the Board members are:
Robin Stein
141 Fort Avenue
Salem, Ma. 01970
Rebecca Curran
14 Clifton Avenue
Salem, Ma. 01970
Bonnie Belair
102A Wharf Street
Salem, Ma. 01970
Richard Dionne
23 Gardner Street
Salem,Ma. 01970
Annie Hams
28 Chestnut Street
Salem, Ma. 01970
Beth Debski
43 Calumet Street
Salem, Ma. 01970
Steve Pinto
55 Columbus Avenue
Salem, Ma. 01970
20. The defendant Riverview Place LLC ("Riverview") is a Massachusetts Limited
Liability Company and was the original applicant before the Board seeking variances
pursuant to section 7-21 of the Salem Zoning Ordinance specifically from the minimum
lot areas per dwelling.unit.as provided in section 7-21 (k)(1), separate first floor entrances_.,
as provided in section 7-21 (e)(2)(a)(3) and buffer areas as provided in section 7-21 (m)
(1)(c) for the properties located at 72 Flint Street and 67-69 & 71 Mason Street, Salem,
Ma. (the"locus").
FACTS
21. The plaintiffs repeat,reallege and incorporate fully herein the allegations contained in
paragraphs 1 through 20 of the Complaint.
22. Scanlon's property directly abuts the locus and, accordingly, she is a presumptively
aggrieved party in interest to the proceeding before the Board.
23. Deligianidis' property directly abuts the locus and, accordingly, he is a presumptively
aggrieved party in interest to the proceeding before the Board.
24. Plaintiffs Hernandez and Laperchia on information and belief are abutters to abutters
and are located within three hundred feet of the locus and, as such, plaintiffs Hernandez
and Laperchia are presumptively aggrieved parties in interest to the proceeding before the
Board.
25. All of the remaining individual plaintiffs are persons aggrieved by the Board's
Decision as the Decision will result in a development of the locus which will cause injury
to the real property interests of the plaintiffs.
26. The Association is comprised of individuals who reside in the Federal Street
Neighborhood within the City of Salem and are also persons aggrieved by the decision of
the Board.
27. The locus is located within the North River Canal Corridor Zoning District within the
City and is comprised of 4.14 acres, 3.69 of which is owned by Salem Suede, Inc. and .45
of which is owned by R.L.B..Realty-.Trust. Riverview holds no ownership interest of .,
record in the locus.
28. On or about August 1, 2007, "Riverview Place, Inc" filed a petition with the Board
seeking a variance from various provisions of the Salem Zoning Ordinance (the
"Ordinance").
29. The Board opened a public hearing on the petition on August 22, 2007, continued to
September 19,2007 and October 17, 2007. The public hearing was closed on October 17,
2007.
30. By Decision filed with the Clerk for the City of Salem on November 2, 2007,the
Board's purported to grant variances to the petitioner to vary the following terms of the
North River Canal Corridor Zoning District section 7-21 by permitting:
a. the minimum lot area per dwelling unit to be reduced to 1440 square feet per dwelling
unit from the 3500 square feet per dwelling unit otherwise required by section 7-21 (k)(1)
of the Ordinance;
b. common building entrances to be used instead of having separate exterior entrances for
each unit as required by section 7-21 (e)(2)(a)(3) of the Ordinance; and,
c. "a small percentage of two buildings, and a"portion" of the roadway and parking on
the western side of the locus to be within the 50 foot buffer zone required by section 7-21
(m)(1)(c).
31. A true attested copy of the Board's Decision as file don November 2, 2007 is attached
hereto as Exhibit A.
32. The Board's Decision sets forth insufficient grounds for the grant of the variances as
required by law.
33. The Board's Decision exceeded its authority.and.was arbitrary, capricious and based
on legally untenable grounds.
WHEREFORE, the plaintiffs in this civil action respectfully request that this Court afford
them the following relief:
1. To determine that the November 2, 2007 of the City of Salem Board of Appeal
exceeded the authority of the Board;
2. To annul the Decision of the City of Salem Board of Appeal; and,
3. To award such other and/or different relief as this Court deems appropriate for
this case.
Plaintiffs,
By their attorney,
'Edward T. Patten, Esq.
BB04546386
P.O. Box 2031
828 Main Street
Dennis, Ma. 02638
508-385-6031
oodolrA,� a CITY OF SALEM, MASSACHUSETTS-
BOARD OF APPEAL J O!- FICE
os
120 WASHINGTON STREET, 3RD FLOOR
e SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 1�'1� ..Tll —7 A II: li tl
KIMBERLEY DRISCOLL
MAYOR
November 2, 2007
Decision
City of Salem Zoning Board of Appeals
Petition of Riverview Place LLC requesting Variances to allow for a
minimum lot area of 1,440 square feet per dwelling unit, common
building entrances, and to allow construction within the 50 foot buffer
area for the properties located at 72 FLINT STREET AND 67-69 & 71
MASON STREET (NRCC].
A public hearing on the above Petition was opened on August 22, 2007 and continued to
September 19, 2007, and October 17, 2007 pursuant to Mass General Law Ch. 40A, §§
11. The public hearing was closed on October 17, 2007 with the following Zoning Board
members present: Robin Stein,Bonnie Belair, Elizabeth Debski, Rebecca Curran, and
Steven Pinto.
Petitioner seeks variances pursuant to section § 7-21 of the Salem Zoning Ordinance
specifically from: minimum lot area per dwelling unit § 7-21 (k)(1), separate first floor
entrances § 7-21 (e)(2)(a)(3), and buffer areas § 7-21 (m)(1)(c).
Statements of fact:
1. The locus in is in the North River Canal Corridor (NRCC)District and includes
72 Flint Street (3.69 acres), 71 Mason Street (0.34 acres), and 67-69 Mason
Street (0.11 acres) for a total of 4.14 acres (the "Locus"). Salem Suede, Inc. owns
72 Flint Street. The R.L.B. Realty Trust owns 67-69 and 71 Mason Street.
2. Plans accompany the Petition include the site plan prepared by Eastern Land
Survey, entitled"Site Development Permit Plan", dated October 9, 2007, and
elevations prepared by H.H. Morant & Co., Inc. Architects,entitled"Riverview
Place: Schematic Roof Plan&Elevations", dated September 26, 2007.
3. A Traffic Impact & Assessment Study prepared by Earth Tech, Inc. was
submitted with the Petition. EarthTech, Inc. was previously involved with the
North River Canal Corridor Master Plan. The study estimates 871 new vehicle
trips on a daily basis including 56 additional trips during the morning peak traffic
period and 87 additional trips during the evening peak traffic period.
4. The petitioner proposes to erect three new structures with a total of 130 dwelling
units on the 4.14 acre site (1,440 sf per dwelling unit). The Mason Street building
will contain 5,540 sf of commercial space on the first floor with residential EXHIBIT
a
9
z 2
apartments on the upper floors. Thirteen(13) units are to be affordable. The
original Petition proposed 164 residential units in addition to the proposed
commercial space.
5. The project will provide 309 parking spaces of which, 260 parking spaces will be
allotted to the residential units (2 spaces per dwelling unit), 37 parking spaces will
serve the commercial space and 12 spaces will be reserved for residents of Flint
Street.
6. The Locus has historically been used as a tannery. The existing buildings will be
razed and extensive remediation will be undertaken to clean up the site prior to
new construction.
7. Conditions of the Locus, including soil conditions are unique to it and not present
other properties in the district.
8. Several City residents spoke saying they were not opposed to the request to allow
common building entrances.
9. Approximately 10% of the structure on the Bonfanti site, 10% of one (1) structure
on the Salem Suede site, and a portion of the roadway and parking on the western
side of the Locus are within the 50 foot buffer zone. The existing industrial
building is much closer to the abutting residences than will be the proposed new
structure.
10. Several City residents voiced opposition to the proposed density variance; many
felt it deviated from the intent of the Zoning Ordinance. Many of these residents
participated in the development of the NRCC Master Plan and Zoning Ordinance.
11. Several City residents spoke in support of the project; many of these residents felt
it was an opportunity to change a blighted area.
12. At the August 22, 2007 meeting, the petitioner submitted a petition in support of
the proposed plan with sixteen (16) signatures of residents from Flint, Mason;
School, and Larchmont Streets.
13. At the October 17, 2007 meeting, the petitioner submitted forty-eight (48)
petitions, signed by neighborhood residents, in support of the redevelopment
plans. The petitions,prepared by Riverview Place LLC, state"by signing below,
I wish to express my support for this proposed project described above and I urge
the Board of Appeals to grant the relief from the City's Zoning Ordinance
necessary to allow the project to proceed. I consider this to be a valuable
opportunity to improve two properties that are a substantial blight to my
neighborhood. I believe that the redevelopment of these properties will not only
be beneficial to me as part of the immediate neighborhood, but also to the City as
a whole".
14. Letters of support were also submitted by John Hoskins (22 Larchmont Rd),
James Scanlan (13 Bayview Circle), and At-Large Councilor Thomas Furey.
15. A letter was submitted by Howard and Maryellen Sullivan (1 Orchard Street)
requesting decisions be made in concordance with the NRCC Master Plan.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The vanance,sjequps(ed are not,contrary:to,the public interest and, owing to
special conditions; a literal enforcement of the provisions oM Ie City of Salem
Zoning Ordinance would result in unnecessary hardship.
2. There are circumstances including soil conditions and use and condition of the
existing buildings which especially affect the Locus but do not affect generally
the zoning district in which the Locus is located. The contaminated soil must be
remediated prior to redevelopment of the Locus.
3. A literal enforcement of the provisions of the ordinance would involve substantial
hardship, financial or otherwise to the petitioner.
4. The proposed development complies with the goals of the NRCC Neighborhood
Mixed Use District and the requirements set forth in § 7-21 (a) to achieve these
goals, as follows:
a. The Locus is being redeveloped for housing and commercial uses
b. Public pedestrian access to and along the North River Canal will be .
provided.
c. A public-private partnership to provide enhanced maintenance.trees,
sidewalks,benches, along the canal will be developed.
d. The streetscape along Mason Street will be enhanced.
e. The project is designed to enhance solutions to neighborhood traffic,
including the granting of an easement to the City of Salem to allow it to
construct an extension of the Commercial Street public roadway across the
development site. Further the applicant will work with the City to
incorporate reasonable recommendations from the Earth Tech, Inc. traffic
study to improve travel along Flint Street.
For these reasons, desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or
purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
z 4
1. To enable the proposed development, the petitioner may vary the following
terms of the North River Canal Corridor Zoning District § 7-21:
• minimum lot area per dwelling unit may be reduced to 1440
sf/dwelling unit (from the 3,500 sf/dwelling unit required) § 7-2-1
(k)(1),
• common building entrances can be used instead of having separate
exterior entrances for each unit § 7-21 (e)(2)(a)(3)
• a small percentage of two buildings, and a portion of the roadway and
parking on the western side of the Locus are within the 50 ft buffer
zone, therefore construction may take place in the buffer zone § 7-21
(m)(1)(c)-
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below..
In consideration of the above, the Salem Board of Appeals voted, six (5) in favor(Stein,
Debski,Belair,Pinto, and Curran) none (0) opposed,to grant petitioner's requests for
variances subject to the following terms, conditions, and safeguards:
I. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to. .
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to the Planning Board.
8. The Petitioner shall place an Affordable Housing Restriction on thirteen (13) of
the one hundred and thirty (130) units in the form of a deed rider approved by the
City Planner and registered with the Essex South Registry of Deeds. The
affordable housing restrictions are to be in accordance with the eligibility criteria
for the Commonwealth Department of Housing and Community Development's
Subsidized Housing Inventory for the purpose of ensuring that thirteen (13)
dwelling units will be restricted as affordable housing for households whose
annual incomes are eighty percent (80%) or less of area median income ("low
income households") with a sales price affordable to low income households for a
period of ninety-nine (99) years from the date of the first occupancy permit.
s 5
9. Twelve(12) on site parking spaces are to be reserved for the sole use of Flint
Street residents. The proposed mechanism for reserving the spaces is to be
submitted and approved by the Department of Planning and Community
Development prior to issuance of any Certificate of Occupancy.
10. The applicant, upon taking title to the premises, will grant to the City of Salem
and easement to construct an extension of the Commercial Street public roadway
across the site in the location shown on the site plan at any time within a ten (10)
year period after all necessary approvals for the project become final. Upon such
construction, such easement shall automatically become a full and permanent
easement to use and maintain the easement area as a public way in the City of
Salem.
GbUn j1�0 AAL-
Rob Stein, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
Fri CLPs `s
SA1.E?A FAA S.
11/19/2007 13:24 FAX 6177888951 LAND.COLRtT _ 001
Commonwealth of Massachusetts
Land Court
Department of the Trial Court
Case No. '
Civil Cover Sheet
FirstPlaiatifP Lorene Scanlon ):1rstDefeudant Robin Stein
72 Flint Street ``
Locus Address/Descriptica 67-69 & 71- Mason Street City/Ibwn Salem -
Instructions U
Part I-To Ee Completed by PlaintWks)' Counsel: -
FOR ALL MISCELLANEOUS CASES(EXCEPT cases filed pnrstiant to Servicemembers Civil Relief Act):
1. Using the list below,please number,with the Number 1,the main cause of action on which you base
your complaint.
and
2. Place.a check mark next to each other cause of action in your complaint
and
3- Is this complaint verified? ❑ yes No
and
4. Are there any related cases filed in the Land Court Department? ❑ yes ff] No
If yes,please provide the Case No.(s): N/A
1 ZAC Appeal from Zoning Board MAD Determine Fiduciary Authority
G.L.c.40A,§ 17 G-L.c.240,§27
.. ZAD Appeal fi+um Planning Board .. FAX Partition . .. - .
G_L_c.41,§RIBB G_L_c.241
ZJA Validity o£Zonmg RED Redemption-
G.L.cc.240,§14A,185, § 1 a Y2) G.I..c.60, §76
ZEN F.rarccm=t 0f Zoning SP Specific Performance of Conimcts
G.L.a 40A,§7 G.L.c.186.§ 1 (k)
COT Remove Cloud on Title MEF Determine Municipal Boundaries
G.L.c.240,§6-10 G.L.c.42,§12
DOM Discharge of Old Mortgage MFE Determine Boundaries of Flats
G.L.c.240,§15 G.L.c.240,§ 19
LVT 'Affirm Tax Foreclosure-Land of CNC Certiorari-G.L.c.249;§4`
Low Value-G.L-m 60,§80J3
MAN Mandamus-A L.c.249,§5
MTB Try Title
G.L.c.240,§ 1 -5 TIRE Trespass to Real Estate Involving
Title-G.L.c. 185,§ 1(o)
MWA Recover rmehold Estate(writ of
Entry)-G.L.c.237 EQA Equitable Action Involving Any
Right,Title or Interest is Land
MRC Determine Validity of Encumbrances G.L.C.185,§ I(k)
G. L.c.240,§I1- 14
AHA Affordable Housing Appeal
CEP, Enforce Restrictions ' G.L.c_40B,§21
G.L.a240,§IOA-10C
OTA Other
1-
11/19/2007 13:24 FAX 6177888951 LAND.COURT [a002
Part IL-Uniform Counsel Certificate-to be filled out by Flaiptiff(s)'Counsel at the time of initial filing. All
other counsel shall file within thirty(30)days of initial entry into the case,whether by answer,motion,appearance
or other pleading.
FOR ALL MISCELLANEOUS CASES(EXCEPT Mortgage Foreclosures un der the Servicemembers Civil
Relief Act)
I am attorney-of-record for: All _Named
Plaintiff/Defendant in the above-entitled matter.
If Defendant(s)'Attorney,please provide Case No. N/A
In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution(SJC Rule 1:18)which
states in part:°...Attorneys shall: provide their clients with this information about court-connected dispute
resolution;discuss with their clients the advantages and disadvantages ofthe various methods of dispute resolution;
and certifj their compliance with this requirement on the civil cover sheet or its equivalent. .
I hereby certify that I have complied with this acquirement.
BBOk 546386 Signature of o_f_Attmfwrd
Rate: Edward T. Patten
Please Print Name
- -- - Exempt Cases: . Tax Foreclosures,Mortgage Foreclosures under the Servicemembers Civil ReliefActaudall-
cases related to original and subsequent registration under G.L.c.185i§1.
M
-2-
CC: CITY SOLICITOR; IRMAN
BD. OF APPEALS; 8D, i0 - APR
LAW OFFICE OF EDWARD T. PATTEN
P.O. BOX 2031
828 MAIN STREET
DENNIS, MA. 02638
TEL: 508-385-6031
FAX; 508-385-1984
Edward T. Patten,Esq. :,
Etp@zisson-veara.com
November 20, 2007 ; r
Ms. Cheryl A. Lapointe
City Clerk
City of Salem
120 Washington Street
Salem, Ma. 01970
Re: Scanlon et als.v. Stein et als.
Land Court.Department of the Trial Court
Dear Ms. Lapointe:
With respect to the above-captioned zoning appeal, I have sent to you with this letter the
original "Plaintiffs'Notice of Action and a copy of the"Complaint," and"Civil Action Cover
Sheet."
If you have any questions about this matter,please feel free to contact me.
Cordially,
Edward T. Patten
Enclosures
COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
OF THE TRIAL COURT _
ESSEX, SS. MISC. CASE NO. "'' Jco
LORENE SCANLON,ZACHARI DELIGIANIDIS, SONJA HERNANDEZ
WILLIAM PENTA,RICHARD T. LAPERCHIA,DARROW A. LEBOVICI,
JANE CURTIS ARLANDER,RICHARD A. LUECKE,
JACQUELINE M. WASHBURN, NICHOLAS N. NOWAK,
MORRIS L. SCHOPF, STEPHEN D. WHITTIER,MARTIN H. IMM,
HUMPHREY GARDNER,JOHN L. HAYES,
WILLIAM RUSSELL BURNS,JR.,WILLIAM L. WRIGHTSON
AND
THE FEDERAL STREET NEIGHBORHOOD ASSOCIATION,INC.,
PLAINTIFFS
V.
ROBIN STEIN, REBECCA CURRAN,BONNIE BELAIR,RICHARD DIONNE,
BETH DEBSKI, STEVE PINTO AND ANNIE HARRIS, as they constitute the
members of the City of Salem Board of Appeal and RIVERVIEW PLACE LLC,
APPLICANT,
DEFENDANTS
NOTICE OF ACTION
All plaintiffs in the above-captioned matter give notice that they have sought
judicial review in the Land Court Department of the Trial Court at Boston of the
November 2,2007 Decision of the City of Salem Board of Appeal granting certain
variances upon the Petition of Riverview Place LLC pertaining to the property located at
72 Flint Street and 67-69& 71 Mason Street, Salem, Ma.
Plaintiffs,
�tl eir attorney,
Edward T. Patten, sq.
BBO#546386
P.O. Box 2031
828 Main Street
Dennis, Ma. 02638
508-385-6031
COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
OF THE TRIAL COURT
ESSEX, SS. MISC. CASE NO.
LORENE SCANLON, ZACHARI DELIGIANIDIS, SONJA HERNANDEZ,
WILLIAM PENTA, RICHARD T. LAPERCHIA,DARROW A. LEBOVICI, __, (7
JANE CURTIS ARLANDER, RICHARD A. LUECKE
y
JACQUELINE M.WASHBURN,NICHOLAS N. NOWAY. c
MORRIS L. SCHOPF, STEPHEN D. WHITTIER,MARTIN H. IMM,
HUMPHREY GARDNER,JOHN L. HAYES,
WILLIAM RUSSELL BURNS,JR.,WILLIAM L. WRIGHTSON
AND
THE FEDERAL STREET NEIGHBORHOOD ASSOCIATION, INC.,
PLAINTIFFS
V.
ROBIN STEIN, REBECCA CURRAN, BONNIE BELAIR, RICHARD DIONNE,
BETH DEBSKI, STEVE PINTO AND ANNIE HARRIS,as they constitute the
members of the City of Salem Board of Appeal and RIVERVIEW PLACE LLC,
APPLICANT,
DEFENDANTS
COMPLAINT
COUNTI
[Appeal pursuant to G.L. c. 40A, sec. 17]
PARTIES
1. The plaintiff, Lorene Scanlon("Scanlon"), is a natural person of legal age who resides
at and is the owner of real property located at 77 Mason Street, Unit 1, Salem, Essex
County, Massachusetts.
2. The plaintiff, Zachari Deligianidis ("Delgianidis"), is a natural person of legal age who
resides at and is the owner of real property located at 73 Mason Street, Salem, Essex
County, Massachusetts.
3. The plaintiffs, Sonja Hernandez and William Penta are natural persons of legal age
who reside at,and Hernandez is the owner of real property located at, 89 Flint Street,
Salem,Essex County, Massachusetts.
4. The plaintiff, Richard T. Laperchia, is a natural person of legal age who resides at and
is the owner of real property located at 70 Oak Street, Salem, Essex County,
Massachusetts.
5. The plaintiff,Darrow A. Lebovici, is a natural person of legal age who resides at and is
the owner of real property located at 122 Federal Street, Salem, Essex County,
Massachusetts.
6. The plaintiff,Jane Curtis Arlander, is a natural person of legal age who resides at and
is the owner of real property located at 93 Federal Street, Salem, Essex County,
Massachusetts.
7. The plaintiff, Richard A. Luecke, is a natural person of legal age who resides at and is
the owner of real property located at 2 River Street, Salem,Essex County,
Massachusetts.
8. The plaintiff, Jacqueline M. Washburn, is a natural person of legal age who resides at
and is the owner of real property located at 143 Federal Street, Salem, Essex County,
Massachusetts.
9. The plaintiff,Nicholas S. Nowak, is a natural person of legal age who resides at and is
the owner of real property located at 356 Essex Street#2, Salem, Essex County,
Massachusetts.
10. The plaintiff, Morris L. Schopf, is a natural person of legal age who resides at and is
the owner of real property located at 1 Cambridge Street , Salem, Essex County,
Massachusetts.
11. The plaintiff, Stephen D. Whittier, is a natural person of legal age who resides at and
is the owner of real property located at 10 River Street, Salem, Essex County,
Massachusetts.
12. The plaintiff, Martin H. Imm, is a natural person of legal age who resides at and is the
owner of real property located at 174 Federal Street, Salem, Essex County,
Massachusetts.
13. The plaintiff,Humphrey Gardner, is a natural person of legal age who resides at and
is the owner of real property located at 170 Federal Street, Salem, Essex County,
Massachusetts.
14. The plaintiff, John L. Hayes, is a natural person of legal age who resides at and is the
owner of real property located at 21 Fairmount Street, Salem,Essex County,
Massachusetts.
15. The plaintiff, William Russell Burns,Jr., is a natural person of legal age who resides
at and is the owner of real property located at 2 Beckford Street, Salem, Essex County,
Massachusetts.
16. The plaintiff, William L. Wrightson, is a natural person of legal age who resides at
and is the owner of real property located at 41 Chestnut Street, Salem, Essex County,
Massachusetts.
IT. The plaintiff, The Federal Street Neighborhood Association, Inc. ( The.,
"Association"), is a Massachusetts Non-Profit Corporation in good standing with a usual
place of business at 104 Federal Street, Salem, Essex County, Ma.
18 . The City of Salem Board of Appeals (the "Board") is a duly constituted board of the
City of Salem having its offices at 120 Washington Street, 3rd Floor, Salem, Ma. 01970.
19. The names and addresses of the Board members are:
Robin Stein
141 Fort Avenue
Salem, Ma. 01970
Rebecca Curran
14 Clifton Avenue
Salem,Ma. 01970
Bonnie Belair
102A Wharf Street
Salem, Ma. 01970
Richard Dionne
23 Gardner Street
Salem,Ma. 01970
Annie Harris
28 Chestnut Street
Salem, Ma. 01970
Beth Debski
43 Calumet Street
Salem, Ma. 01970
Steve Pinto
55 Columbus Avenue
Salem, Ma. 01970
20. The defendant Riverview Place LLC ("Riverview") is a Massachusetts Limited
Liability Company and was the original applicant before the Board seeking variances
pursuant to section 7-21 of the Salem Zoning Ordinance specifically from the minimum
lot areas per dwelling unit as provided in section 7-21 (k)(1), separate first floor entrances-
as provided in section 7-21 (e)(2)(a)(3) and buffer areas as provided in section 7-21 (m)
(1)(c) for the properties located at 72 Flint Street and 67-69 & 71 Mason Street, Salem,
Ma. (the "locus").
FACTS
21. The plaintiffs repeat, reallege and incorporate fully herein the allegations contained in
paragraphs 1 through 20 of the Complaint.
22. Scanlon's property directly abuts the locus and, accordingly, she is a presumptively
aggrieved party in interest to the proceeding before the Board.
23. Deligianidis' property directly abuts the locus and, accordingly, he is a presumptively
aggrieved party in interest to the proceeding before the Board.
24. Plaintiffs Hernandez and Laperchia on information and belief are abutters to abutters
and are located within three hundred feet of the locus and, as such,plaintiffs Hernandez
and Laperchia are presumptively aggrieved parties in interest to the proceeding before the
Board.
25. All of the remaining individual plaintiffs are persons aggrieved by the Board's
Decision as the Decision will result in a development of the locus which will cause injury
to the real property interests of the plaintiffs.
26. The Association is comprised of individuals who reside in the Federal Street
Neighborhood within the City of Salem and are also persons aggrieved by the decision of
the Board.
27. The locus is located within the North River Canal Corridor Zoning District within the
City and is comprised of 4.14 acres, 3.69 of which is owned by Salem Suede, Inc. and .45
of which is owned by R.L.B..Realty Trust. Riverview holds no ownership interest of
record in the locus.
28. On or about August 1, 2007, "Riverview Place, Inc." filed a petition with the Board
seeking a variance from various provisions of the Salem Zoning Ordinance (the
"Ordinance")-
29. The Board opened a public hearing on the petition on August 22,2007, continued to
September 19, 2007 and October 17, 2007. The public hearing was closed on October 17,
2007.
30. By Decision filed with the Clerk for the City of Salem on November 2, 2007, the
Board's purported to grant variances to the petitioner to vary the following terms of the
North River Canal Corridor Zoning District section 7-21 by permitting:
a.the minimum lot area per dwelling unit to be reduced to 1440 square feet per dwelling
unit from the 3500 square feet per dwelling unit otherwise required by section 7-21 (k)(1)
of the Ordinance;
b. common building entrances to be used instead of having separate exterior entrances for
each unit as required by section 7-21 (e)(2)(a)(3)of the Ordinance; and,
c. "a small percentage of two buildings, and a"portion"of the roadway and parking on
the western side of the locus to be within the 50 foot buffer zone required by section 7-21
(m)(1)(c).
31. A true attested copy of the Board's Decision as file don November 2, 2007 is attached
hereto as Exhibit A.
32. The Board's Decision sets forth insufficient grounds for the grant of the variances as
required by law.
33. The Board's Decision exceeded its authority and.was arbitrary, capricious and based
on legally untenable grounds.
WHEREFORE, the plaintiffs in this civil action respectfully request that this Court afford
them the following relief:
1. To determine that the November 2, 2007 of the City of Salem Board of Appeal
exceeded the authority of the Board;
2. To annul the Decision of the City of Salem Board of Appeal; and,
3. To award such other and/or different relief as this Court deems appropriate for
this case.
Plaintiffs,
By their attorney,
dward T. Patten, Esq.
BBO#546386
P.O. Box 2031
828 Main Street
Dennis,Ma. 02638
508-385-6031
CITY OF SALEM, MASSACHUSETTS i.f1. PIA
ONoI${ _: :iJ
BOARD OF APPEAL OFFICE
120 WASHINGTON STREET, 3RO FLOOR
'Z SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
•r.
��Neao FAx: 978-740-9846 [Gil P:.,! _� A
KIMBERLEY DR15COLL
MAYOR
November 2, 2007
Decision
City of Salem Zoning Board of Appeals
Petition of Riverview Place LLC requesting Variances to allow for a
minimum lot area of 1,440 square feet per dwelling unit, common
building entrances, and to allow construction within the 50 foot buffer
area for the properties located at 72 FLINT STREET AND 67-69 & 71
MASON STREET [NRCC].
A public hearing on the above Petition was opened on August 22, 2007 and continued to
September 19, 2007, and October 17, 2007 pursuant to Mass General Law Ch. 40A, §§
11. The public hearing was closed on October 17, 2007 with the following Zoning Board
members present: Robin Stein,Bonnie Belair, Elizabeth Debski, Rebecca Curran, and
Steven Pinto.
Petitioner seeks variances pursuant to section § 7-21 of the Salem Zoning Ordinance
specifically from: minimum lot area per dwelling unit § 7-21 (k)(1), separate first floor
entrances § 7-21 (e)(2)(a)(3), and buffer areas § 7-21 (m)(1)(c).
Statements of fact:
1. The locus in is in the North River Canal Corridor (NRCC)District and includes
72 Flint Street(3.69 acres), 71 Mason Street(034 acres), and 67-69 Mason
Street (0.11 acres) for a total of 4.14 acres (the "Locus"). Salem Suede, Inc. owns
72 Flint Street. The R.L.B. Realty Trust owns 67-69 and 71 Mason Street.
2. Plans accompany the Petition include the site plan prepared by Eastern Land
Survey, entitled "Site Development Permit Plan", dated October 9, 2007, and
elevations prepared by H.H. Morant & Co., Inc. Architects, entitled"Riverview
Place: Schematic Roof Plan & Elevations", dated September 26, 2007.
3. A Traffic Impact & Assessment Study prepared by Earth Tech, Inc. was
submitted with the Petition. EarthTech, Inc. was previously involved with the
North River Canal Corridor Master Plan. The study estimates 871 new vehicle
trips on a daily basis including 56 additional trips during the morning peak traffic
period and 87 additional trips during the evening peak traffic period.
4. The petitioner proposes to erect three new structures with a total of 130 dwelling
units on the 4.14 acre site (1,440 sf per dwelling unit). The Mason Street building -�
will contain 5,540 sf of commercial space on the first floor with residential EXHIBIT
s 2
apartments on the upper floors. Thirteen(13) units are to be affordable. The
original Petition proposed 164 residential units in addition to the proposed
commercial space. ,
5. The project will provide 309 parking spaces of which, 260 parking spaces will be
allotted to the residential units (2 spaces per dwelling unit), 37 parking spaces will
serve the commercial space and 12 spaces will be reserved for residents of Flint
Street.
6. The Locus has historically been used as a tannery. The existing buildings will be
razed and extensive remediation will be undertaken to clean up the site prior to
new construction.
7. Conditions of the Locus, including soil conditions are unique to it and not present
other properties in the district.
8. Several City residents spoke saying they were not opposed to the request to allow
common building entrances.
9. Approximately 10% of the structure on the Bonfanti site, 10% of one (1) structure
on the Salem Suede site, and a portion of the roadway and parking on the western
side of the Locus are within the 50 foot buffer zone. The existing industrial
building is much closer to the abutting residences than will be the proposed new
structure.
10. Several City residents voiced opposition to the proposed density variance; many
felt it deviated from the intent of the Zoning Ordinance. Many of these residents
participated in the development of the NRCC Master Plan and Zoning Ordinance.
11. Several City residents spoke in support of the project;many of these residents felt
it was an opportunity to change a blighted area.
12. At the August 22, 2007 meeting, the petitioner submitted a petition in support of
the proposed plan with sixteen (1-6) signatures of residents from Flint, Mason,
School, and Larchmont Streets.
13. At the October,17, 2007 meeting, the petitioner submitted forty-eight (48)
petitions, signed by neighborhood residents, in support of the redevelopment
plans. The petitions,prepared by Riverview Place LLC, state"by signing below,
I wish to express my support for this proposed project described above and I urge
the Board of Appeals to grant the relief from the City's Zoning Ordinance
necessary to allow the project to proceed. I consider this to be a valuable
opportunity to improve two properties that are a substantial blight to my
neighborhood. I believe that the redevelopment of these properties will not only
be beneficial to me as part of the immediate neighborhood, but also to the City as
a whole".
y 3
14. Letters of support were also submitted by John Hoskins (22 Larchmont Rd),
James Scanlan(13 Bayview Circle), and At-Large Councilor Thomas Furey.
15. A letter was submitted by Howard and Maryellen Sullivan (1 Orchard Street)
requesting decisions be made in concordance with the NRCC Master Plan.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The varipces;geppsted are not,gRgntraty to the public interest and, owing to
special conditions; a literal enforcemen( of the provisions o t�re City of Salem
Zoning Ordinance would result in unnecessary hardship.
2. There are circumstances including soil conditions and use and condition of the
existing buildings which especially affect the Locus but do not affect generally
the zoning district in which the Locus is located. The contaminated soil must be
remediated prior to redevelopment of the Locus.
3. A literal enforcement of the provisions of the ordinance would involve substantial
hardship, financial or otherwise to the petitioner.
4. The proposed development complies with the goals of the NRCC Neighborhood
Mixed Use District and the requirements set forth in § 7-21 (a) to achieve these
goals, as follows:
a. The Locus is being redeveloped for housing and commercial uses
b. Public pedestrian access to and along the North River Canal will be
provided.
c. A public-private partnership to provide enhanced maintenance trees,
sidewalks,benches, along the canal will be developed.
d. The streetscape along Mason Street will be enhanced.
e. The project is designed to enhance solutions to neighborhood traffic,
including the granting of an easement to the City of Salem to allow it to
construct an extension of the Commercial Street public roadway across the
development site. Further the applicant will work with the City to
incorporate reasonable recommendations from the Earth Tech, Inc. traffic
study to improve travel along Flint Street.
For these reasons, desirable relief maybe granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or
purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
' 4
1. To enable the proposed development, the petitioner may vary the following
terms of the North River Canal Corridor Zoning District § 7-21:
• minimum lot area per dwelling unit may be reduced to 1440
sf/dwelling unit (from the 3,500 sf/dwelling unit required) § 7-21
common building entrances can be used instead of having separate
• exterior entrances for each unit § 7-21 (e)(2)(a)(3)
a small percentage of two buildings, and a portion of the roadway and
• parking on the western side of the Locus are within the 50 ft buffer
zone, therefore construction may,take place in the buffer zone § 7-21
(m)(1)(c)•
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below..
In consideration of the above, the Salem Board of Appeals voted, ix (5)sin favor
is form
Debski, Belair,Pinto, and Curran) none (0) opposed, to grantpetitioner'
variances subject to the following terms, conditions, and safeguards:
I. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to the Planning Board.
8. The Petitioner shall place an Affordable nHousing he form of a deed rider approved by the
ion on thirteen(13) of
the one hundred and thirty ( ) of Deeds. The
City Planner and registered with the Essex South Registry
affordable housing restrictions are to be in accordance with the eligibility criteria
for the Commonwealth Department of Housing
of ensurmunity ing that thDe el opme(13) nt's
Subsidized Housing Inventory for the pure
ose dwelling units will be eighty
per d as affordable housing ent 80 ) or less of areaor households whose
median income ("low
annual incomes are eighty p ( ° )
income households") with a sales price affordable to low income housds for a
period of ninety-nine (99) years from the date of the first occupancy permit.
5
9. Twelve(12) on site parking spaces are to be reserved for the sole use of Flint
Street residents. The proposed mechanism for reserving the spaces is to be
submitted and approved by the Department of Planning and Community
Development prior to issuance of any Certificate of Occupancy.
10. The applicant,upon taking title to the premises, will grant to the City of Salem
and easement to construct an extension of the Commercial Street public roadway
across the site in the location shown on the site plan at any time within a ten (10)
year period after all necessary approvals for the project become final. Upon such
construction, such easement shall automatically become a full and permanent
easement to use and maintain the easement area as a public way in the City of
Salem.
�Olniyt -'SA U 1►1 ��L
Robb Stein, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the e Variance or Special
Permit
has
granted herein shall not take effect until a copy of the decision bearinge certificate of the
been filed with the Essex South Registry of Deeds.
AJR'UE COFUTMT
r// /,
SALEAM; !,AASS,
11/19/2007 13:24 FAX 6177888951 LAND.COURT Q001
Commonwealth of Massachusetts
Land Court
Department of the Trial Court Case No.
Civil Covet Sheet
First plaintiff Lorene Scanlon First Defendant Robin Stein
72 Flint Street
Locus Address/Description 67-69 & Mason Street cityrrown Salem —
Instructions
Part I-To Be Completed by Plaillitig(s)' COonsell"
C-)
FORALLNUSrELT-A US CASES(EXC.EPT cases filed puntiant to ScMeemembers CM Relief Act):
1. Using the list below,please number,with the Number 1,the main cause of action on which you base
your complaint.
and 2. Place-a check mark next to each other cause of action in your coMP12luL
and 3- Is this complaint verified yes l No
and 0 Yes No
4. Are there any related cases filed in the Land Court Department I
If yes,please provide the case No.($): N/A
ZAC Appeal from Zoning Board MAD Determine Fiduciary Authority
c.40&§ 17 G.L.c.240,§27
ZAD Appeal from tiatirdag Board PAR Partition
G.I-c.41,§SIRE G.L.c.241
ZJA validity of Zoning RED Reamription,
G.I-oc.240,§ 14A,195, G L.o.60,§76
ZEN rmfe,=,,cnt of Zoning SP specific Pcrfoiniiizicc of Contracts
G.L.Q 40A,§7 G.L-c.185.§I(k)
Municipal Boundaries
Remove COW on Title NW Delernsine
G.L.c.240.j 6.10 G.L.c.42,§12
DOM V$cbaW of Old Mortgage Determine ina Boundaries of Flats
G.L.c.240,§15 G.L.c.140,119
Affirm Tax Foreclosure-Load of CNC Certiorari-G.L c 249,'14
LV1` Low Valuc-G.L.Q 60,§m
IJAX Nizodrimus-.G.I-r.249,§5
Nfm Try Title TIRE Trespass to Real&tale Involving
G.L.c.240,§ I -5 TWO-G.L.c. 195,4 1(0)
MWA Recover Freehold F-5tile(Writ Of Equitably Action Involving Any
Entry).G.L.c.237 EQA Rigby,Title or Interest m Lirod
NIRC Dayeiraine Validity of Encumbrances G.L.c. 185,§I(k)
G. L.c,240,§11-14 AHA Affordable Housing Appeal
CEP, Enforce Rcstactions G.L.c.40B,.j 21
c.240,11 OA-IOC OTA Other
11/19/2007 13:24 FAS 6177888951 LAND.COURT _ Q1002
Part A-Uniform Counsel Certificate-to be filled out by Ploiaws)'Counsel at the time of initial filing. All
other counsel shall file within thirty(30)days of initial entry into the case,whether by answer,motion,appearance
or other pleading.
FOR ALL SUSCEI.I.A.NEOUS CASFS(EXCEPT Mortgage Foreclosures under the Servicemembers Civil
Relief Act)
l am dtmn y-of-record for All Named
PlaintifMcfend3at in the above-entitled matter.
If Defendaat(s)'Attorney,please provide Case No. N/A
In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution(SIC Role 1;18)which
slates in part:' ...Attorneys shalL• provide tbLir clients with this information about court-connected dispute
resolution;discuss with their clients the adv"mges and disadvantages of the various methods of dispute resolution;
and certify their compliance with this requirement on the civil cover sheet or its equivalent.
I hereby certify that I have complied with this tequirement.
gBpX 546386 �////�/lam
Signature of Attorney-of-Record
Date: lllilaz�7 Edward T. Patten
Please print Name
Exempt Cases: Tux Foreclosures,Mortgage Foreclosures under the Servicemembers C2vit Relief Act Mod all-
cases related to original and subsequent registration under G.I.c.185;§1-
-2-
` LUNDREGAN
LAW OFFICES, P.C.
WILLIAM J. LUNDREGAN THE KINSMAN BUILDING TELEPHONE(978)741-3888
JANE T. LUNDREGAN 81 WASHINGTON STREET FACSIMILE(978)745-3607
SALEM,MASSACHUSETTS 01970 - Email:wjl@lundreganlaw.com
August 22, 2005
Thomas St . Pierre
Building Commissioner
of the City of Salem
120 Washington Street,
Salem, Massachusetts 01970
RE: 27 Flint Street, Unit 27
Dear•Mr ' St:' Pierre:
This office . r,epresents Arthur H?' Emery,: etiSalTrustees of the
Stephen, Phillips MemorialZ Ch'arItable Trust:;+, regarding the
Trust' s. impending :purchase ,'of Unit>'27 of, the•, Becket j' Condominium,
27 Flint ,Street, Salem, Massachusetts . The Becket Condominium is
a multi-l'evel 'townhouse condominium `development' located in an R-
2 Residential Zone. The Stephen Philips Memorial Charitable
Trust (the "Trust") is a non-profit, tax-exempt, charitable
trust which administers the Stephen Phillips Memorial
Scholarship Fund (the "Scholarship Fund") . The purpose of the
Scholarship Fund is described as follows in Article SECOND of
the Stephen Phillips Memorial Charitable Trust Restatement of
Trust : ,
The trust shall be operated exclusively for charitable and
educational purposes, but only for providing scholarships or
fellowship grants which are subject to the provisions of
Section 117 (a) on an objective and nondiscriminatory basis to
intellectually well-equipped students of serious purpose and
financial need, preferably (but not necessarily) from Salem,
Massachusetts, and its environs, who are attending any school,
college, graduate school or other educational institution
described in Section 151 (e) (4 ) .
Enclosed for your information please find copies of the
following documents :
1 . Stephen Phillips Memorial Charitable Trust Restatement of
Trust;
2 . Descriptive Brochure: The Stephen Phillips Memorial
Scholarship Fund 2005-2006;
3 . Letter from Internal Revenue Service confirming the tax-
exempt status of the Stephen Phillips Memorial Charitable Trust;
4 . Letter from Massachusetts Department of Revenue confirming
the tax-exempt status of the Stephen Phillips Memorial
Charitable Trust .
The Trust intends to use the condominium unit as the
administrative offices of the Scholarship Fund. We have been
informed that your office has taken the position that the Trust
will be required to obtain either a Variance or a Special Permit
in order to use the unit for the specified purpose . Please be
advised that it is our position that the proposed use is exempt
from any such Variance or Special Permit requirement by
operation of Mass . Gen. L. c. 40A, sec. 3 .
In pertinent part, the second paragraph of that statute provides
as follows :
No zoning ordinance or by-law shall . . . prohibit, regulate or
restrict the use of land or structures for . . . educational
purposes on land owned or leased by . . . a nonprofit
educational corporation; provided, however, that such land or
structures may be subject to reasonable regulations concerning
the bulk and height of structures and determining yard sizes,
lot area, setbacks, open space, parking and building coverage
requirements .
As to what is an "educational use" within the meaning and
protection of the statute, the Courts have held that the term is
to be given the widest reasonable construction. See e. g.
Fitchburg Hous. Auth. v. Board of Zoning Appeals of Fitchburg,
380 Mass . 869 (1980) ("education" is broad and comprehensive
term; community residence for former mental patients to be
trained for independent living is educational use) ; Lasell
College v. City of Newton, 1 Land Ct . Rptr. 80 (1993) (elderly
housing developed on educational institution' s campus with
programmatic links to the college held part of an overall
educational use protected by Section 3) , aff ' d, 36 Mass .App.Ct .
1122 (1994 ) ; Radcliffe College v. City of Cambridge, 350 Mass .
613 (1966) (rescript) (parking, feeding and housing of college
personnel is within educational purpose) ; Mount Hermon Boys '
Sch. v. Inhabitants of Gill, 145 Mass . 139 (1887) (farm property
owned by school that required its students to work on the farm
as well as receive instruction in agriculture and other subjects
was tax exempt because education is "the process of developing
and training the powers and capabilities of human beings" and
preparing persons "for activity and usefulness in life" ) ;
Worcester County Christian Communications, Inc. v. Board of
Appeals of Spencer, 22 Mass .App.Ct . 83 (1986) (a radio station
can be an educational use) ; Commissioner of Code Inspection of
Worcester v. Worcester Dynamy, Inc. , 11 Mass .App. Ct . 97 (1980)
(dormitory use is a part of the overall educational use) ; Harbor
Schs. , Inc. v. Board of Appeals of Haverhill, 5 Mass.App. Ct . 600
(1977) (a residential facility for the education of emotionally
disturbed children is an educational use) ; Gardner-Athol Area
Mental Health Assn, Inc. v. Zoning Bd. of Appeals of Gardner,
401 Mass . 12 (1987) (residential care facility for adults with
mental disabilities was an educational purpose) ; The Bible
Speaks v. Board of Appeals of Lenox, 8 Mass .App.Ct. 19 (1979)
(use by a religious college engaged in training ministers of a
gymnasium as classrooms, of two rooms and a chapel for
dormitories, of a field for softball and of a shed as a snack
bar would all be for educational purposes) . Given this extensive
background, we have no doubt but that any Court would hold that
offices for the administration of a scholarship fund constitute
an educational purpose. Cf. Unander v. U. S. National Bank, 224
Or. 144, 148, 355 P. 2d 729 (1960) (under a state tax exemption
" (t) here is no question that a student loan fund does constitute
a charitable or educational use fully as much as would a
scholarship fund") .
It is settled that a protected educational use cannot be
required to obtain a Variance or a Special Permit . "As a general
rule, a municipality cannot condition the use of property for an
educational purpose on the grant of a special permit "
Campbell v. City Council of Lynn, 415 Mass . 772, 775 footnote 5
(1993) . "In Trustees of Tufts College v. Medford . . . (the
Supreme Judicial Court) rejected a contention that an
educational use . . . must obtain a variance in order to proceed
with its proposed project. " Id. , at 778 footnote 7 .
�l
The fact that the Trust proposes to use a single condominium
unit, rather than the entire building, for a protected
educational use makes no difference . In Watros v. Greater Lynn
Mental Health & Retardation Association, Inc. , 421 Mass . 106,
113-114 (1995) , expressly rejected the argument that the
exemption from zoning afforded by Mass .Gen. L. c. 40A, sec. 3
applied only where the protected use occupied an entire
building:
If we were to construe G.L. c. 40A, sec. 3, as the plaintiffs
argue we should, a nonprofit educational corporation could be
prevented by zoning restrictions from leasing a suite of rooms
for an educational purpose within a larger building. Only
those nonprofit educational corporations with sufficient
financial resources to lease or purchase an entire property
would enjoy the protection of G.L. c. 40A, sec. 3 . Such a
constrictive result is neither required by the language of the
statute nor consistent with its purpose.
Finally, even if your office were somehow to conclude that,
contrary to what we have said hereinabove, the operation of the
Scholarship Fund' s administrative offices does not, itself,
constitute an "educational" use, the zoning exemption afforded
by Mass . Gen. L. c. 40A, sec. 3 would still apply, given the fact
that the purchaser of the condominium unit, the Trust, is a non-
profit, tax-exempt, charitable trust which administers the
Scholarship Fund. For as the Appeals Court explained in Campbell
v. City Council of Lynn, 32 Mass .App.Ct . 152, 155-156 (1992) :
G. L. c. 40A, sec. 3 . . . provides that property is exempt if
owned or leased by a nonprofit educational corporation.
Gardner-Athol Area Mental Health Assn. v. Zoning Bd. of
Appeals of Gardner, 401 Mass . 12 (1987) , is instructive on
this point : there, the Supreme Judicial Court noted that
nl
4 I
" [t] here is nothing in G.L. c. 40A, sec. 3 . . . that requires
that education be the dominant purpose or primary activity of
a nonprofit corporation in order that it may qualify as a
nonprofit educational corporation under sec. 3 . . . . The proper
test in deciding whether a nonprofit corporation is an
educational one is whether its articles of organization permit
it to engage in educational activities Id. at 15-16.
Accord: Worcester County Christian Communications, Inc. v. Board
of Appeals of Spencer, 22 Mass .App. Ct . 83, 87 (1986) ("all that
is required is that the plaintiff be a nonprofit corporation
intending to use its land or structures for religious or
educational purposes") .
Withal, we conclude that the Stephen Phillips Memorial
Charitable Trust is entitled to purchase and use Unit 27 of the
Becket Condominium, 27 Flint Street, Salem, Massachusetts, for
the purpose of administering the Stephen Phillips Memorial
Scholarship Fund, and cannot, as a matter of law, be required to
obtain as a prerequisite to such use a Variance or a Special
Permit . If you continue to believe otherwise, we would
appreciate being apprised of this fact in timely fashion.
Thank you for your kind attention to this matter. If you have
any questions or concerns, please contact this office.
*liam
2JLundre
s,
n, Esq.
1
67114101394aar050M OM
THE STEPHEN PHILLIPS MEMORIAL CIMITA13LE TRUST
RESTATEMENT OF TRUST
W I T N E S S E T H T H A T
WHEREAS Bessie Wright Phillips executed a trust
instrument on March 5, 1973, under the laws of the
Commonwealth of Massachusetts, known as %The Stephen Phillips
Memorial Charitable Trust,° and
WHEREAS Lawrence Coolidge, Arthur H. Emery, Richard
F. Gross, Robert M. Randolph and John H. Finley, IV, as
current Trustees of the said- trust, filed a Petition in Equity
with the Massachusetts Supreme Judicial Court pursuant to
M.G.L. ch. 224, S10B (1989) and requested that the Court
direct a deviation from the subordinate terms of the trust,
and
WHEREAS the Massachusetts Supreme Judicial Court
issued an Order dated April 13, 1998, directing a deviation
from the subordinate terms of the trust and ordering the
Trustees to transfer certain property held as a part of the
trust to a separate trust to be known as The Stephen Phillips
Memorial Charitable Trust For Historic Preservation, and
WHEREAS the Order dated April 13, 1998, further
1
ordered that the Trustees hold the trust assets remaining
after transferring property to The Stephen Phillips Memorial
r�
Charitable Trust For Historic Preservation under the terms and
conditions of the original trust, modified in certain
respects,
NOW, THEREFORE, said Trustees for themselves and
their successors and assigns hereby. acknowledge and declare
that they hold the property remaining in their possession, and
will hold any additional property which they may hereafter
receive, whether by will or otherwise, in accordance with the
terms and provisions of this instrument:
FIRST: The title of this trust shall be "The, Stephen
Phillips Memorial Scholarship Fund• .
SECOND: The trust shall be operated exclusively for
charitable and educational purposes, but only for providing
scholarships or fellowship grants which are subject to the
provisions of Section 117(a) on an objective and
nondiscriminatory basis to intellectually well-equipped
students of serious purpose and financial need, preferably
(but not necessarily) from Salem, Massachusetts, and its
environs, who are attending any school, college, graduate
school or other educational institution described in Section
151 (e) (4) .
The Trustees shall make distributions only of
i
j income, and only for the aforesaid charitable and educational
I
i -2-
Purposes, provided, however, that (1) they may distribute such
amounts of the principal as they determine are necessary and
appropriate to the Trustees for the time being of The Stephen
Phillips Memorial Charitable Trust For Historic Preservation
to be held and administered by such Trustees in accordance
with the terms of such trust, and (2) they shall make
distributions of income and principal as required in carrying
out any of the purposes of this trust to avoid the tax imposed
by section 4942 and as may be required with respect to any
donations expressly made for current use for a particular
purpose of this trust.
No part of the trust property or the net earnings
from it shall inure to the benefit of any private shareholder
or individual and no substantial part of the activities of
this trust or its Trustees in their capacity as such Trustees
shall consist of carrying on propaganda, or otherwise
attempting to influence legislation, or of participating in or
intervening in (including the publishing or distributing of
statements) any political campaign on behalf of any candidate
for public office. Any other provisions herein contained
notwithstanding, (1) the Trustees shall distribute amounts of
iincome, and principal if necessary, for each taxable year at
such time and in such manner as not to become subject to the
tax on undistributed income imposed by Section 4942, and
(2) the Trustees are prohibited from engaging in any act of
-3-
self-dealing as defined in Section 4941, from retaining any
excess business holdings as defined in Section 4943, from
making any .investment in such manner as to subject this trust
to tax under Section 4944 relating to investments which
Jeopardize the carrying out of charitable purposes, and from
making any taxable expenditures as defined in Section 4945.
THIRD: The purpose of this trust being educational and
charitable, and it thus not being subject to the rule against
perpetuities, the duration of this trust shall be perpetual
unless by reason of any future changes in state or Federal
laws the duration of charitable trusts shall be limited or for
any reason all of the Trustees agree that it is .impractical or
unwise to continue the trust or any part thereof. In the
event of such agreement with respect to all or any portion of
the trust property, then all or the portion, as the case may
be, shall be distributed to such one or more organizations
engaging in education as the Trustees may determine which are
described in Section 170(b) (1) (A) (i) through (iv) and (vi)
through (viii) . Each such distribution of the trust property
shall be designated as "The Stephen Philips Memorial
Scholarship Fund" and shall be added to permanent funds of the
distributes, preferably funds maintained for scholarships or
fellowship grants.
FOURTFI: This instrument may be amended in the Trustees'
d discretion at any time and from time to time by an instrument
-4-
executed and acknowledged by all the Trustees, solely for the
purpose of maintaining the status of the trust as exempt from
Federal Income Tax, insuring the deductibility of
contributions, whether by will or otherwise, under Federal
Income, Estate, and Gift Tax laws, and avoiding excise taxes
imposed by Chapter 42 of the Internal Revenue Code of 1954 or
any amendment thereto or any other taxes which may be imposed
upon charitable organizations by said Code, or other Federal
Tax laws.
This instrument may also be amended in the
Trustees, discretion at any time and from time to time by an
instrument executed and acknowledged by all the Trustees,
solely for the purpose of insuring the tax exempt status of
i
the trust and its income and/or the deductibility of
contributions, whether by will or otherwise, under any tax
laws of any other jurisdiction.
FIFTH: There shall always be, at least four Trustees
hereunder. Any four Trustees in office hereunder may from
time to time determine that there shall be five, but no more
than five, Trustees hereunder. Whenever the number of
Trustees in office is less than four, the remaining Trustees
or Trustee shall promptly appoint a successor.Trustee or
: successor Trustees to fill the vacancy or vacancies. whenever
ifour Trustees in office determine that there shall be five
`. Trustees hereunder, the Trustees shall promptly appoint an
-5-
additional Trustee or Trustees to give effect to such
determination. Appointments of successor Trustees or
additional Trustees shall be by a written instrument signed by
the Trustees or Trustee in office, and shall be effective upon
the written acceptance of this trust by the appointee endorsed
on the instrument of appointment within thirty (30) days of
the date thereof.
At such times as there shall be less than four
Trustees hereunder the then remaining Trustees .or Trustee
shall have no power to act hereunder other than the power to
appoint successor or additional Trustees. When the number of
Trustees in office is four or five, the action of a majority
shall be sufficient in order to act in all matters affecting
the trust other than termination of or amendments to the
trust.
Any Trustee may resign from. the trust hereby
created at any time by giving twenty (20) days' written notice
of intention so to do, delivered personally or by registered
mail to the remaining Trustees or Trustee.
If this instrument of trust is recorded in a
Registry of Deeds, any amendment, termination, resignation,
appointment, acceptance of trust or other instrument may, but
need not, be recorded in said Registry.
A written certificate of the Trustees at any
time as to any fact relative to the trust may always be relied
_6_
upon and shall always be conclusive .evidence in favor of any
transfer agent, conveyancer, or any other person dealing in
good faith with the .Trustees in reliance upon such statement.
No Trustee shall be liable for any error in
judgment or for any act or default of any co-trustee or of any
prior Trustee hereunder; but each such Trustee shall be 'liable
only for hie, her, or its own willful default. Any successor
or additional Trustee shall have all the powers, immunities,
and discretions conferred herein upon the original Trustees.
No bond or surety shall be required of any Trustee who shall
serve hereunder.
No one dealing with the Trustees need see to
the application of any money paid or property transferred to
or upon the order of the Trustees.
SIXTH: In addition to and not in limitation of all the
powers and discretion which they may have by law, all
Trustees shall have and may exercise at any time in their
absolute discretion, subject nevertheless to Sections 4941
through 4945, and other requirements of Massachusetts or
United States law, and without order or license of any court
unless required by Massachusetts or United States law, the
i
; following powers during the continuation of the trust:
1. To manage, invest and reinvest the trust
; property, and to receive, collect and receipt for the rents,
issues, income, profits and proceeds thereof;
-7-
2. To mortgage, sell or lease for any term
and to exchange any personal or real property at any time
constituting the whole or any part of the trust property,
either at public auction or by private contract, for such
considerations and on such terms as to credit or otherwise as
the Trustees deem advisable; to enter into such contracts and
undertakings as the Trustees consider advantageous to the
trust, and to execute deeds, assignments, transfers, leases,
covenants, contracts and other instruments sealed or unsealed,
but in no case shall the Trustees participate in an act of
self-dealing with a disqualified person as .defined in Section
4941;
3 . To retain or to invest in shares or other
evidences of interest in, and bonds, notes and other
obligations of, any corporations or any unincorporated trusts
or associations or any "investment trust•, so called, and in
the obligations of persons, firms, municipal bodies, states or
governments (all of which in this trust are included in
references to securities") and any other personal or real
property whatsoever; to retain any securities or property of
any character received by the Trustees in the form in which
they are received; to retain in any one investment or class of
investments a larger portion of the trust property than would
otherwise be deemed proper, but in no case shall the Trustees
invest in such a manner as to jeopardize the carrying out of
-e-
the exempt purposes of the trust and thereby violate Section
4944, nor shall they maintain any excess business holdings as
defined in Section 4943;
4. To vote or act in respect of securities or
property constituting the whole or any part of the trust
property as fully as though the absolute owners thereof,
including, among other things, voting for themselves for
directors, trustees, officers or other positions whether or
not such positions will entitle them to compensation; to give
general or special proxies or powers of attorney therefor,
with or without power of substitution; and to deposit
securities or property in any voting trust or with any
Protective committee or similar committee of Trustees; to
refrain from registering securities; and to hold securities in
bearer form or in the name of a nominee or in the name of one
or more Trustees without designation of the trust;
S. To determine what shall be charged or
credited to income and what to principal in any manner which
shall fairly and equitably reflect a proper allocation between
principal and income;
j 6. To pay, compromise or contest any claim or
1
! other matter directly or indirectly affecting the trust
property;
7. To employ counsel or other agents,
including one or more of themselves, for any of the above or
-9-
other purposes, particularly with regard to the making and
retention of investments, to engage any person or persons to
supervise the day-to-day care, administration, and management
Of any real property held hereunder, and to determine the
terms ,and reasonableness of any compensation which shall be
paid for such services;
S. To appoint a committee composed of members
some of whom may or may not be Trustees hereunder and some of
whom are knowledgeable and experienced in education and the
selection of scholarship recipients, to serve for such periods
of time as the Trustees may determine and to act from time to
time upon the recommendations of such committee; to employ
such clerical or secretarial assistance as the Trustees may
deem advisable to facilitate the work of the committee and to
pay reasonable sums as compensation for such services.
This instrument of trust is being made in
Massachusetts and the validity, construction, effect, and
administration of this instrument shall be governed by and
interpreted in accordance with the laws of the Commonwealth of
Massachusetts.
EIGHTH: It is intended that contributions to this
charitable trust be deductible for Federal Income, Gift, and
Estate Tax purposes, and that this charitable trust be exempt
where permitted by law from Federal income and excise
taxation, and this trust is to be administered in a manner
-10-
consistent with such intentions. If, pursuant to Article
FOURTH, the Trustees amend this charitable trust to make
contributions to it deductible under any tax laws of any other
Jurisdiction and/or to make the trust and its income exempt
from taxation under any tax laws of any other jurisdiction,
then this trust is to be administered in a manner consistent
with the purposes underlying such amendments.
NINTH: Whenever used in this instrument, the term
Trustees shall include the original and successor Trustees,
unless the contrary is clear. The masculine shall include
both the masculine and the feminine.
All Section references in this instrument are to
Sections of the Internal Revenue Code of 1954 as they may from
time to time be amended, or to corresponding provisions of any
federal tax laws hereafter enacted applicable to this trust.
IN WITNESS WHEREOF, Lawrence Coolidge, Arthur H. Emery,
Richard F. Gross, Robert M. Randolph and John H. Finley, IV,
as Trustees as aforesaid have hereunto signed this restatement
of trust this day of 1998.
4n5,ceCoo
tit-hard-,PCGrqffis
f
i
_11_
Robert M. Randolph�T
W0H.qftney, V 3
COMMONWEALTH OF MASSACHUSETTS
SO: 1998
Then personally appeared the above-named Lawrence
Coolidge and acknowledged the foregoing instrument to be his
free act and deed, before me,
NOt y Public
= My mmission expires:
2-b 1 Q4 8
COMMONWEALTH OF MASSACHUSETTS
as; . 1 S 1998
Then personall appeared the above-named Arthur H.
Emery and acknowledged the foregoing instrument to be his free
act and heed, before me,
�o Public
My commis expires:
2S lgr� �'
-12-
COMMONWEALTH OF MASSACHUSETTS
as: q b , 1998
Then personall appeared the above-named Richard F.
Gross and acknowledged the foregoing instrument to be his free
act and deed, before me,
ry Public
My commission expires:
` -, :S 1 Igor
COMMONWEALTH OF MASSACHUSETTS
1998
Then personally appeared the above-named Robert M.
Randolph and acknowledged the foregoing instrument to be his
free act and deed, before me,
Ijbtary Public
__ _ : - •` My commission expires:
COMMONWEALTH OF MASSACHUSETTS
as: (�yQ�w��— Is, 1998
Then Y PP personal appeared the above-named John H.
P
Finley, IV and acknowledged the foregoing instrument to be his
i
free act and deed, before me,
��� rtrt
`i
No Public
My commission expires:
i
.i -13-
r 1
r
i
r � �
cnoATE;.$ALL• & STEWAHr
A PAE[ R*W LIL�f.WMO P401'S'SSO &MIFOBAn"
IDR8ANGE PLACE
60 sr. STREET
The Award The Criteria
Entering or Returning Students at Accredited
Undergraduate Institutions in the United States
• The intent of this award is to enable United States Citizens or Resident Aliens
students to attend the college of their
choice which they ordinarily might not be Permanent Resident of a New England or Mid-
able to afford. Atlantic State
` t In most cases,The Phillips Scholarship Academic Excellence and Aptitude for Studies
Stephen Phillips 1907-1971 award ranges from $3,000 to $10,000 Applicants should:
yearly.
u��. Have a GPA 3.0 or higher (on a 4.0 scale).
The 1 11Jt�r Y The award is renewable for up to four Be enrolled in a demanding course of study.
undergraduate years providing there is Demonstrate skilled writing ability.
Stephen Phillips was a descendant of a continued financial eligibility and the Achieve a combined SAT score of 1000 or
prominent Salem, Massachusetts family, actively student maintains a 2.5 GPA on a 4.0 scale better or ACT composite of 22 (High School).
involved in the merchant sailing ship era of All grants must be applied to tuition and Rank in the top 20% of the graduating class
Salem. In the 1840's, shipping activity declined fees only and will be paid directly to the (High School).
due to larger vessels and the silting up of the institution.
Salem harbor.The Phillips family then pursued Citizenship, Character and Serious-mindedness
High school seniors entering college and Applicants should:
a new direction in political, philanthropic and returningcollege students attending ,
g g Demonstrate a desire to make a meaningful
educational endeavors. In that spirit, Stephen
accredited U.S. colleges or universities are contribution to society both present and
Phillips served as trustee on various charitable eligible to apply for the scholarship.
boards, and with to al compassion and g s g Y p' future.
y �'' P Preference is given to high school students Be involved in a balance of community, school,
generosity, took great interest in the numerous entering college.
individuals he encountered and befriended. and work activities.
Stephen's widow, Bessie Wright Phillips, Awards are limited to undergraduate study. Pursue goals and aspirations with integrity,
established the Stephen Phillips Memorial Awards are open only to students who are resolution, self-discipline and judgement.
Charitable Trust in memory of her husband. Its permanent residents of a New England or Financial Need
purpose was to create a substantial scholarship Mid-Adantic state(CT, DE, DC, ME, MD,
fund to help college students with limited MA, NH,NJ, NY, PA, RI,VA, VT, and WV). the
applicants will have one or more of
W
the following:
financial resources achieve high academic goals, Low EFC from FAFSA's Student Aid Report
as well as to maintain a family Federal period
museum house in Salem. The Trust, in making grants, does not discriminate on Substantial unmet need
From 1991 until her death in 1996, Mrs. the basis of race, color, creed,gender, sexual orientation, Heavy student loan burden
handicap or national or ethnic origin. Trustees of the Special financial circumstances
Phillips personally delighted in overseeing the
Stephen Phillips Memorial Charitable Trust, or any
awarding of many scholarships. member ofthe family ofany such Trustees are ineligible
to receive grants from the Trust.
The Procedures The
1. First, visit the website (www.phillips-scholarship.org) Stephen Phillips
to read the most complete, up-to-date
information about the criteria and procedures i Memorial
to apply for the scholarship, as information
may change from this atbrochure. I Scholarship Fund
2. Use the financial calculator to determine
your need. f 2005-2006
3. Download the New Application found on the
New Applicants Page.
4. Fill out the application. Offering scholarships to students with financial
5. Return the completed application materials need who display academic excellence, strong
in one packet. I citizenship and character,and a desire to make -
The following items must be submitted in order for a meaningful contribution to society.
the application to be considered complete: i
• Official transcript (high school/college 1
if applicable)
• School Evaluation form G�tiyENCE Af
• Required recommendations
Essays
• Student Aid Report (SAR) from the Free . Ow
Application for Federal Student Aid (FAFSA)
O
• The most recent financial aid award letter from ❖
the institution the student will be attending o n
Applications should be sent no later than the
post-marked date of April 30th to: = a v
The Stephen Phillips Memorial Scholarship v a 1991
L' ❑ k
P.O. Box 870, Salem, MA 01970 y
u o
oud
Recipients only will be notified of the Trustees' t E -5 m _
decision by the end of June. k"
1 I 34 Chestnut Street
' Salem,Massachusetts 01970
1 978.744.2111 fax 978.744.0456
www.phillips-scholarship.org
Internal Revenue Service Department of the Treasury
District Director
Post Office Box 1680, GPO
Brooklyn, NY 11202
Date: MAY 3 1 1991
Stephen Phillips Memorial Employer Identification Number:
Charitable Trust 23-7235347
P.O. Box 242 Person to Contact:
Salem, MA 01970 Robert Burns
Contact Telephone Number:
( 718 ) 780-4534
Dear Applicant :
We have considered your request for advance approval of your
grant-making procedures under section 4945(g ) of the Internal
Revenue Code. Your request is considered to have been properly
submitted on January 16, 1991 , for purposes of section
53 .4945-4(d ) ( 3 ) of the Foundation Excise Tax Regulations.
Our records disclose that you are exempt from Federal income tax
under section 501 (c ) ( 3 ) of the In__t__e��''nal__Revenue_CQde. You are a
private foundation as defined _in `�ec.tion. 5.0.9( a)_,.of the Code.
The trust is establishing a program for awarding scholarships
for educational purposes. It will provide educational financial
assistance to high school and college students as well as
graduates of college who wish to continue their education. The
scholarship program is to be administered by the Trustees of the
Trust. In making awards, they will consider scholastic
achievement, record of citizenship, character,
serious-mindedness of the applicant, aptitude for the studies
proposed and need for assistance. Grants will be made. directly
r) to an educational institution for one year and will be no more
than the tuition and fees required. The recipients of the
SChOjarch;'_.�--h�hn¢t+n by a vnf of +hP mainri o the
Truste-es on an objective and nondiscriminatory basis
Section 4945 of the Code provides for the Jmposition of taxes on
each taxable expenditure of a private foundation.
Section 4945( d) ( 3 ) of the Code provides that the term "taxable
expenditure" means any amount paid or incurred by a private
foundation as a grant to an individual for travel , study, or all
similar purposes by -such individual , unless such grant satisfies
the requirements of section 4945( g ) .
-2-'
Section 4945(g ) ( 1 ) of the Code provides that section 4945(d) (3 )
shall not apply to an individual grant awarded on an objective
and non-discriminatory basis pursuant to a procedure approved in
advance by the Secretary, if it is demonstrated to the
satisfaction of the Secretary that the grant constitutes a
scholarship or fellowship grant which is subject to the
provisions of section 117(a) and is used for study at an
educational organization described in 4ection 170( b) ( 1 ) (A) ( ii ) .
Section 53 . 4945-1 (d) ( 3 ) of the Excise Tax �R_e�ulations
that where an expenditure is taxable under ection 4945rd ) (3)
only because of a failure to obtain a ( ) ( )respect to grants as required in�ectiono4945 (g procedures with
may be accomplished by obtaininga (he gran
correction
Procedures and establishing to hepsatisfactioneofrthe-making
Commissioner that ( 1 ) no grant funds have been diverted to any
use not in furtherance of a purpose specified in the grants; ( 2 )
the grant-making procedures would have been approved if advance
approval of such procedures had been properly requested; and ( 3 )
where advance approval of grant-making procedures is
subsequently required such approval will be properly requested.
Based on the information provided and assuming your program will
continue as evidenced to date with a view to providing
objectivity and nondiscrimination in the awarding of
scholarships , we rule that your procedures in the awarding of
scholarships comply with the requirements contained in section
1/4945(g ) ( 1 ) of the Code , and that scholarships granted in
accordance with such procedures will/not constitute "taxable
expenditures" within the meaning of ✓section 4945(d ) ( 3 ) . In
addition, we rule that grants made under your procedures are
excludable from gross income of recipients under section 170(a)
of the Code .
This determination is effective for grants made on or after the
date specified in paragraph one ( 1 ) of this ruling and is
conditioned on the understanding that there will be no material
change in the facts upon which it is based. It is further
conditioned on the premise that no grants will be awarded to the
foundation's creators, trustees , or members of the selection
committee, or for a purpose that is inconsistent with the
purposes described in ection 170( c) ( 2 ) (B) of the Code.
This approval of your grant-making procedures herein constitutes
a one-time approval of your system of standards and procedures
designed to result in grants which meet the requirements of
Vsection 4945 (g ) of the Code . Thus , approval shall apply to
subsequent grant programs only as long as the standards and
Procedures under which they are conducted do not differ
materially from those described in your request.
-3-
Any funds you distribute to individuals must be made on a true
charitable basis in furtherance of the purposes for which you
are organized. Therefore, you should maintain adequate records
and case histories so that any and all grant distributions can
be substantiated upon request by the Internal Revenue Service.
This determination is directed only to the organization that
requested it. Section 6110(j ) ( 3 ) of the Internal Revenue Code
provides that it may not be Used or cited DY others as a
precedent.
If you have any questions, please contact the person whose name
and telephone number are shown in the heading of this letter.
Sincerely yours ,
District Director
cc: Gaston & Snow
c/o Cheryl M. Peterson
One Federal Street
Boston, NY 02110
"Massachusetts
Department I IIIIIIII III IIII IIII �� °(P♦NTyFH)
= a
Revenue 200 Arlington Street PO Box 7010 Chelsea, MA 02150-7010
ALAN LeBOVIDGE, COMMISSIONER
LAURIE MCGRATH, ACTING DEPUTY COMMISSIONER
STEPHEN PHILLIPS MEMORIAL 870 Notice 30048
CHARITABLE TRUST Exemption
BOX 870 Number 237 235 347
SALEM, MA 01970
Date 12/09/03
Bureau TSD MGT SERV
Phone (617) 887-6367
Dear Taxpayer,
A review of our records indicates that the Massachusetts sales/use tax exemption for STEPHEN
PHILLIPS MEMORIAL CHARITABLE TRUST, a tax-exempt 501(c) (3) organization, will expire on
01/04/04.
The Department of Revenue is issuing this notice in lieu of a new Form St-2, "Certificate of Exemption".
The notice verifies that the Massachusetts Department of Revenue has renewed the sales/use tax
exemption for STEPHEN PHILLIPS MEMORIAL CHARITABLE TRUST subject to the conditions stated
in Massachusetts General Laws, Chapter 64H, sections 6(d)-or(e), as applicable.
The organization remains responsible for maintaining its exempt status and for reporting any loss or
change of its status to the Department of Revenue. Absent the Department of Revenue's receipt of
information from the taxpayer by the expiration date of the current certificate that the entity no longer
holds exempt status under the above provisions, the taxpayer's certificate is renewed. This renewal will
expire on 01104109.
The taxpayers existing Form ST-2, in combination with this renewal notice may be presented as evidence
of the entity's continuing exempt status. Provided that this requirement is met, all purchases of tangible
personal property by the taxpayer are exempt from sales/use taxation under Chapter 64H or I
respectively,to the extent that such property is used in the conduct of the purchaser's business.
Any abuse or misuse of this notice by any tax-exempt organization or any unauthorized use by any
individual constitutes a serious violation and will lead to revocation. Willful misuse of this notice is
subject to criminal sanctions of up to one year in prison and $10,000 in fines ($50,000 for
corporations).
This notice may be reproduced.
Sincerely,
Alan LeBovidge
Commissioner of Revenue
L J
O Massachusetts
Form ST-2 Department of
Certificate of Exemption Revenue
Certification is hereby made that the organization herein named is an exempt purchaser under General Laws,Chapter 64H,
sections 6(d)and(a).All purchases of tangible personal property by this organization are exempt from taxation under said chap-
ter to the extent that such property is used in the conduct of the business of the purchaser.Any abuse or misuse of this certificate
by any tax-exempt organization or any unauthorized use of this certificate by any individual constitutes a serious violation and will
lead to revocation.Willful misuse of this Certificate of Exemption is subject to criminal sanctions of up to one year in prison
and$10,000($50,000 for corporations)in fines.(See reverse side.)
Or S PHILLIPS MEMORIAL EXEMPTION NUMBER E
CHARITABLE TR THE 237-235-347
STEPHEN PHILLIPS MEMORIAL ISSUE DATE
34 CHESTNUT ST 01/04/99
S A LE M M A CERTIFICATE EXPIRES ON
01970 01/04/04
NOT ASSIGNABLE OR TRANSFERABLE COMMISSIONER OF REVENUE
MITCHELL ADAMS
q
co CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
s e
� g 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
January 10, 2002 trltk
Salem Suede Inc.
P.O. Box 708
Salem, Ma 01970
RE: 72-76 Flint Street
Dear Mr. Zion:
This department has received numerous complaints regarding the dumpster/container
company operating out of your property.
Per our telephone discussion, back in December, I informed you that the
dumpster/container business was not an,allowed use in a Business Park Development
zoned district.
You are directed to cease this operation within 30 days. If you wish to appeal this order,
your appeal would be directed to the Salem Board of Appeals.
Failure to comply with this order will result in a complaint being filed in Salem District
Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc:.Mayors Office
Tom Phillbin
Chief Turner
Lt. Lattallipe
�I:
02/15/2000 13:56 9787458044 SALEM SUEDE INC PAGE 01
.. _ ,�2 Phhov9-
72 Flint Street Facsimile
P.O. Box 708 Telephone (978) 744-1303
Salem, MA 01970 USA Fax: (978) 745-6044
Q�
a !
� To: (?ra re, cA From:
(A Attn: Date: Z 1
� Fax No.: Copy to:
ft
(/) No.of Pages Including Covet Sheet:
LEGEND
GATE VALVE FIRE VALVE
X VALVE
INCREASER-
REDUCER
REGULATOR
PRESSURE TAP
METER ra ra CONTROL LINES
edicated to
5 within Y of
meter
19,600 CFH �� BOILER
3 8,300,000 BTU INPUT
3 �• —45 "
4"
KEMCO/ HOT WATER
dedicated to
° 3" HEATER
within Y of � 7,000,000 BTU INPUT
meter
20' �
�— — 120' ---*�
2» DRYER
1,000,000 BTU INPUT
Z0 39id 9NI 3G3ns W31VS bb0894L8L6 99:EL 000Z/9T/Z0
02/15/2000 13:56 9787458044 SALEM SUEDE INC PAGE 05
o Street
West Roxbury,
Massachusetts 02132
Tel:617-723-5512
Essel��onblgas
Eastern Enterprises
Ms. Beth Zion
Salem Suede
P. O. Box 708 ;rS OF 4j Fi
Salem, MA 01970 ek;\�`F r .cirlme,C)`�
y� `l iECTTO KI I t7S �Um
REGULATIONS
February 4, 2000 z
CHECKED Sy')
RE: Elevated Pressure (p DATE ' zdne
Salem Suedc,Inc 1 FOR YHE 80ARD
72 Flint St.Qob#N17257)
T
Salem,MA 01970 oy ,yy�'
b�9 �a3
Dear Ms.Zion:
Approval:
Boston Gas Company will permit,at the above address,a delivery pressure of 2 psig at the outlet
of our meter installation for the proposed load of 19,600 CFB, subject to the following
requirements.
R ue uirementw
You must apply for approval of your system to the Commonwealth of Massachusetts Board of
State Examiners of Plumbers and Gas Fitters. The installation and testing shall meet all
applicable provisions of the Massachusetts Fuel Gas Code.
Follow-
Upon receipt of a copy of the Board's approval and completion of a signed sales agreement,
the Boston Gas Company will begin processing the paperwork and ordering the equipment to
provide gas service.
Sincerely,
c2�
Stephen Caliri
Supervisor Long Term Planning
Operations Engineering
Notary Public
Commission Expires:
cc: E. Szulak
Engineering
02/15/2000 13:56 9787458044 SALEM SUEDE INC PAGE 04
BOARD OF STATE EXAMIIYERS OF PX,OMBEILS AND �r� D
Room ISM Leve"st SaltoaatAuml�B 300 CambridEe S DEC 15 1
Government Center,Boston,Maaac m hwe 0=2 �A�-d
617-727--9952 STATE FXAMINERS OF
PLUMBERS 6 GASFITTERS
Application for Elevated Gas Pressure Review
Must mbndt SSO each appT+eaSon-Make cheek payabk to
Gas Inspector for the City of le ((c �� rl.i I�,� -L5 2:
Company/Name 5,Lt.H sloe 4 e- Inc. _
Street/City/Zip 2 Flin{ ST •
A FITTERS
SigpaturdTide Telephone
oa this date:- IQl:L11l has requested an elevated gas pressure system at:
7t Ff,wf 14.
for the following[eeson(s). I�S�, 11w+(a.. na 9 y i�ti Qh W�^i c/h nCkU eGtS
The nranufacmra certifies that the equipment described here.
has a gas input rating of 14 cct&3/hr.and requires a gas pressure of �(inches/tbs.)Lowyressurc
iuwaDation design for total dload of A.3/hr. requires an IPS pipe sin of -T)0.4-
Elevated gu pressure of (wdmdlbs.)will allow for an IPS pipe sire of
Please submit total developed or equivalent length of piping to the most remote area with this application.
NOTE: Piping Plans Stamped By A Mass P.E.Must Be Submitted With This Application.
The serving 8u mPplg. 7-r yE�
mprisepted by(Signature/Title)
on this date af5mrss that it Can supply (mehes/lbs_)of gas pressure and
S.3/iu.at the outlet of the meter set assembly.
PLEASE MAIL APPROVAL TO:
(print dearly) .
The variance request fiern the Massachusetts Fuel Gras Code, Article 1.1.l.a_3_ (as amended) is hereby granted/dolfsd for
elevated gas pressure of (insiWbs.) Any additions or alterations to the system are not permissible
_ without the prior written approval of the State Board of Examiners of Plumbers and Gasfitters.
A-complered copy of this variance request shall be filed by the applicant with the local gas inspector be£orc the start of any
work. 1.
rya—c�Co ® J.C� Datc:
Executive Se�ry for the Board '� elevgas
02/15/2000 13:56 9787458044 SALEM SUEDE INC PAGE 03
NAME: SALEM SUEDE ADDRESS: 72 FLINT ST., SALEM
AT 2 LB GAS PRESSURE
METER TO BOILER 50' RUN
METER TO DRYER 183' RUN Ui i'
ur r
r irc*.f-7 BY 1� p
Ji PAT
I1 MTCID 5»
W/MINIP '
L � � � � .
3"
ERSEST
3" HP SUPPLY (OUTSIDE) No, 24558
e 9F o ��
.GIST
25# MIN. 60# MAX.
Titu of c 71rn1, .4ffJttssar4usetts
x NOV {2 8 42 AM '85
�:�I�1lnulg �nttr�
rw° m One Fnlrm Grim RECEIVED
c CITY OF SALEf1,PASS.
DECISION No R I PM I
November 8, 1985 FIL' }
SPECIAL PERMIT CITY
WETLANDS AND FLOOD HAZARD DISTRICT
Shetland Properties
29 Congress Street
Salem, MA. 01970
On Thursday, October 17, 1985, the Planning Board .of the City of Salem
held a public hearing regarding the application of Salem Suede, Inc.,72�
HFlint Street, for a Special Permit under Section P, Wetlands and Flood—�
azatdD3stricts, of the Salem Zoning Ordinance, with respect to the
proposed construction of a forty-four slip marina adjacent to their
property on Congress Street ,which is within a wetlands/flood hazard
district.
At a regularly scheduled meeting of the Planning Board on November
7 , 1985, the Board voted, by a vote of six in favor, one opposed, to
,approve the application as complying with the requirements for the
issuance of the permit with the following conditions:
1. Work shall conform to plans accompanying Wetlands and Flood Hazard
Special Permit application dated September 30, 1985. Plans prepared by
' Sasaki Associates, Inc. , dated April 8, 1981.
2. Work shall further conform to all conditions set forth in an Order
of Conditions approved by the Salem Conservation Commission, dated
October 24, 1985.
3. This order does not grant any property rights or exclusive
privileges; it does not authorize any injury to private/public property
or any invasion of public/private rights.
I hereby certify that a copy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board'.
This Special Permit shall not take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed and no appeal has been filed or that if such appeal has been
filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deeds and is indexed in the grantor index under the
name of the owner of record or. is recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be
paid by the owner or applicant. '
Walter B. Power, III da f -
Chairman
cp� a® �/
• Plans must be filed and approved by the Inspector
prior to a permit being granted
'/ CITY OF SALEM
No.,&--77 Ward
�" 6 v���oNmT,���
HISTORIC DISTRICT? Y N Dated—/�
IF FOR SIDING, HAS ELECTRIC f Home Phone
PERMIT BEEN OBTAINED? Y N o�MnvEd� Bus. Phone
APPLICATION lop
FOR
PERMIT TO
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the
following specifications:
Owner's name and address DA01D 2-10J I SAlt .S(IFD
Architect's name Of
Builder's name
k3ED GLC 2dlU)t-R S
Location of building, No.�
What is the purpose of building? `p
If dwelling, # of units? Material of bldng?
Will building conform to law? Asbestos?
Estimated Cost e City Lic.# State Lic.lp.�3®
Home Improvement Tjcense #
Signature of Applicant
SIGNS UNDER THE PEN OF PERJURY
DESCRIPTION OF WORK TO BE DONE
Mail Permit to: G���G� /� �/�i3Gf'S�/ �'•rli�l?l y .!/��
b -9- 9y� a'y 's
No. ward
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location
PERMIT GRANTED
k-19
ZZ
Ap ed
Bull Ing Inspecto
G �
- - - -.m.
__ .:.
t
- i 1
1
,
, "
., , ,.;. 1 ' '4 r
' . r .:
{
.
_{
II
`F
-w�--,I.II.-��I 1 I.—,�-.II.I�,I.�..-I�I�I III i II-�I--I.,,-�.-,I4 III I II,,rI I I I.I--I I,.I I�I�I1 I-��.I I A-I.I-II-I7 I�,II.��,II I.I.I�I I--�4�I.Ir�I I.II��II IIII m�I�III/�.II—Ip�.I-I IL I.II,�I1./..II�I,I�I l II..�.�I��.r 7 I.I,I'���I I.1,�-�I II.I.,'I I.'II.,.I-'-�-���I.I I-.I�.II I,'I I-II I I I I.I I I I1�1,,,II.I,�II.-II.III I-I.I��
! I."II/�,,III=Il�I�I�.I-�T.IIl—I�,.II,I.I I,—I I�I-I'\i IIi.�
I I I,I m,�I/I,I.,:.:I'�,I�I 1 I j,.I I�I,I�.:�III.II,I1 I��I�II-�I,I-III I 4II i IIl��—.I II�;1I--,I III-..,IIII-I,I,IIIII�.I,��III I.,!�I-.��.��;-I,,I II I'�.,II:.�.:III I-II-.:.�'I I��,;II.I.,I.�,II 1..'I�L I..I.�*�.,II�,.I II IIl II�I I I i.
I,-I,�I 1II I.II—I"-I����II I��.I.�—I..�..I-1I�,�.m.I'I'I I��e..�I I.I.�i L.-I,,I I�I N III II�I,I�I II.I,1�,I,,I-,�-,�I.III�.-II��.I-III-I II�.I7,m��I—-II I�1.I I�.1�II,I-.,1-1�II,1-II�l..I II-�I,II I���L-,;I.1,,.I Id�,II.—III I e.I I—1.I-IeI�,.,x_I:,-II�I1,-1 II..2 I e,I-z1I-,,I1..��I�14�II II�a I,,1�,�.I,,1I I1�-
-
f
I'
{ rFlLG
lG� '
. 1
11
1 � I
i
M I-.;,I�,,1-I1I,�4-�,;I,,I I.II1�I,�.�II I I,.II:I'II I I,,,p,..1�:�,I-�III,-�-�,Ii,-��,I.-I 1-.I I�I,I�I�.,�11�,,,I,I.II�I,.,��"x.I 1,I��,.-4:�.I1I,.t,:I I��i II�II�I�I1�I I-1�I II 1—I�I�-."..I�I-I�-,�
l
IIIii I ' 'I_ — _
.�,,dI I,e I I I Ivi.i.��.I I�I,—r 1-I.-I'1..���I�:1 II L-�:I.I;:.l-�I"�—�,e,�:I:�—'�,r,.II1�1—�I I��I-�,I�,I�I.",,.—I.�.�II,�I.I I�I�Ic,I,�II;1I,-,.�,I I I I.II I I,I II.��d 1.I,I 1I,.,m-I 1-I,.�.I:,.II 1�II.I I�,%%�II1,I-�.II I.-—,-I�.I-.�,�,1�I I I 1.-"4I��I�,�I.I.I,i I,:I�,,�.�I5 I�I�1�,�I,�.�.,,*,iI.I;I I��:I—�I I-1-;I,I,.I,'7��.I,I�,�I.I.,I,�-1 I-I-I l,I,.�I 1I I,:I,I,I,�I-.:1�I-.:-IIII 1II 1I,.�",I l 4;I,I:,�,_,I11_�I'.I,�;II-I���I-,,,.��I I�I:.I:�I�I2;,I�"m I"I I��;I.-.�II,-II,II��1-I,,,II�-:,,-��.I—,I���.�:;I I I.II.:�,—I,�1 I...I II I.I-I,II-.��/II,,I r,I..,�II��.,�.I.I I,.11..�.I,�--,..�I 0,.I-,,I I,m.,,III-..I-",:I,II.�.II 4,M.I��.�-.I'II�I 0I",I tI�..o I�-I III�"I�I1�II I 7�II.—..,.III.,I�II1�I I.....I I-.I.I��I j I,�"1I1
�' -- j
mow-hrx T `Ir,� ' - IW_ 1
n -
. 4lo.,+,-. st�F
Wp. WOl - 4:x,.-77✓gg >
/ h771 xAhfrS,.'I Ir
- I . ,,f,
II
C /: ,., ,
. , I � II
- �II No, I G�11CAf T.a3TJl
II
I,Ii�iI II
III
/ r
; OrUf-'"
.
1 G]]ivFEXENIiE '
f IJ7i
1 , --- T7CN�. 7r
, I ,e ..
fC7Y e L Xle,-M,r 7Z �LlOIT :AZT
�Prt�rc ,
.
J�YrC fy/T�/`
t- I M P1
{ 1I
fTMdGY / i4CG i
, , ,
z
oGr.# JTA1r�J� / f I . EX/%T/�� GLLy�i6Cl�',l-
lL�'GTE7� Ti�i l�°� �l w ,,W, / f>A`�;' �1 'd77.
I ;
�16t�L t"fL r i I
I
. Wi73f GiXATp ' ---
lgE/a' t/i DFF
.
II _
1-
5` "
//J
k
I
i. ' . . ' APPROVED 3 1,Xv/e E't7ta-vMC i .
8lNed to approval by any they , / . " �- -,- f}�l
1
authority having jurisdiction. I I
: i�I-UF�I 5 f
CITY of SALEM,MASS. / YlPl'fL)�. D� I
F1IiE VENTI UREAU
, -
0� - �' -
B7 / ''/VJ/� Jj�/' /r/..rwyy1
RAN9 AR[ .. DSOLECY DENTIFICATION OF - / I "��;' •v�. �" • " f
APfR YE '/
- - _ I ' I -_TYPE AND LOCATION OF FIRE PROTECTION OENCIS. I _ p �� �` 'Y r1 .
.. '. AU fIR€PROTECTION DEYICE9 ARE SVSJEC7 TO A I I .
1` . ;. VINALTE1,ST AND INSPECTION,FOR COMPLETE COMPLI. "-/ / I .' �I - -. - - . V /T�Gv" %.
I , -+1NCE PRTII THE flRi CODE I I/ I ` , I
I ,",. I ,, d. i 4 ��
, s. —.
1
. - .
, APP'D.0I6 O E7%
, I y �- � s;rye &'
1 � , q - -
i'.•1,
' 11
T
- wa.ui ,. ' '�
l_�?'.'t�srr,,r, _
TI1_ ,. �_
I 70 BE , , '
t,..
KC` , , 'AG
MC lT'4N �GI 'i/V
a ., ,. _ ,:_Lu
J of
. ` T
Ir..� _T��of / ��. �7MA /
I G ;LD!?JGS ! ."
1 - '
•rr_,_ _
i
,� -'I -
_ -
1
1�1 ' ,::
r
M ; �,'.
_�_. _.,:
_ -- ,
I
COMMONWEALTH OF MASSACHUSETTS
Egg LaDErARTIMINT OF INDUSTRIAL ACCIDENTS
600 WASHINGTON STREET
Ganooei; BOSTON, MASSACHUSETTS 02111
amen
o ,- ssione• WORKERS' COMPENSATION INSURANCE AFFIDAVIT
I,
(I icenseei permi tree)
with a principal place of business/residence ar:
(City/Sum/Zip)
do hereby certify, under the pains and penalties of perjury, that:
] I am an employer providing the following workers' compensation coverage for my employees working on this
job.
Insurance Company Policy Number
( J 1 am a sole proprietor and have no one working for me.
( J I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below
who have the following workers' compensation insurance policies:
Name of Contractor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
[] I am a homeowner performing all the work myself.
NOTE: Please be aware that while homeowners who employ persons to do maintenance,construction or repair work on a
dwelling of not more than three units in which the homeowner also resides or on the grounds appurmnant thereto am not generally
considered to be employers under the Workeri Compensation Act(GL C. 152.sea. 10)),application by a homeowner for a license
or permit may evidence the legal autos of an employer under the Workers' Compensation Act.
I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for Coverage
verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties
consisung of a fine of up to $1500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a
fine of$100.00 a day against me.
Signed this day of 119
Licensee/Permiaee Licensor/Permiaor
�1
a J r
3
acts .. rlfeYtleO rraaio... awe
\fiehaat a. Dukakn .. powwmoo .Yrali
cor.tttor JLM - Antes,
Kesoro Tsutsumr Taorro... ..lr�ae.aoti.t.r. Owes
11ilTl
C3uta J. 01—
Admmtsvatar
MEMORANDUM
70. An Buiwtne Ocowuncn=fatc BufWfna lnsotaaors
FROM: Chartcs J. Oinessa.Admmutratar
DATE: Ofaooer J 1. 1988
SUBJECT. M47.1. c•1n. 554. Added Ov e9q/. 59 of the nett of 19RT
The artove.menaancd statutc reams that ueorts rautttne ram Inc acmanaon. rcrosrstum rchanmtau
,,r ntner atteauon tit a nuttdfne ur structure ne dlsomen at in a prapern 111-U- r afattl weer 'SAWN
utautr as ucftncu Dv MGL 6111. SIMA anu friar ntnwme permm ar n¢taa arc to mmm=&UM loafs
,It 113e IZCUStr at wnlea Inc saki dcnrfs 11 ut he u131117fett. THIS REOUIRF—HENT'OOES NO
,\PPLY TO NEW c"ONSTRUC%ON.
In umar to slttmUfv the proccss and ut premue 1lnrfarmttr, we are attaama a curry tt1 a lllfr wtllt3 R
can eltner remmuce aria USe act,It 13 Sine Inc CUMVICtCa form 11W be att'"a to Inc acid¢CGW W bad"
permits or it—, or rcproavre n an Wttur icttern—n
a Case of muntanal.CammCrTlL lndustrtat.Ur murt•umt nauslna tEnstrmalaa,the cvntrAM hair as aim
nauumastersuttmntracar at Inc time or the ouodtni permit appoaoon. In suca asa-flreatnmenao4
of an Affidavit as at used.
The camntete taw is rnnunnea in Inc Nnvemeer issue at CDDEWORD wntca wilt he mat" fa Was m tb
tsar two wee= Ir von snouts have anv uuattnn. niCaac let us know.
CIDAfm
AFFiDA V1T
As a result of the provisions of MGL c 40. 554. I acknowledge that as a condition of Building Permit
Number all debris resulting from the construction activity governed by this
Building Permit shall be disposed of in a property licensed solid waste disposal facility, as defined by MGL
c I11. S 150A.
I certify that l will notify the Building Official by
(TWO months maidmum) of the location of the solid waste disposal facility where the debris resulting from
the said construction activity shall be disposed of. and 1 shall submit the appropriate form for attachment
to the Building PermlL
Date Signature of Permit Appliaat
(Print or type the following informanoni
Name of Permit Applicant
Firm Name. if any
Address
In accordance with the provisions of MGL c 40. S 54. a condition of Building Permit
Number is that the debris resultine from this work shall be
disposed of in a property ltwtsen solid waste disposal facility as defined by MGL c 111. S
150A
The debris will be disposed of in:
(Location of FacWry)
Signature of Permit Applicant
Date
JOB SITE COPY ' RS - IZ"
I
BUILDING
CITY OF SALEM
SALEM, MASSACHUSETTS 01970 PERMIT
9��/MINE
DATE MAY 21 19 97 PERMITNO. 2E3'1997
APPLICANT BEDROCK BUILDERS ADDRESS 145 CABOT STREET 852
(NO,) (STREET) (CONTR'S LICENSE)
CITY BEVERLY STATE MA ZIP CODE 01915 TEL.NO. 508-922-5479
PERMITTO REPAIR RF_PLACEMEIV NUMBEROF
O STORY INDUSTRIAL .DWELLINGUNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE) L,
ZO
AT(LOCATION) 0R.172 FLINT STFREEET DIISTRICT BP
(NO.) (STREET)
BETWEEN MASON STREET AND BRIDGE STREET
(CROSS STREET) (GROSS STREET)
LOT
SUBDIVISION MAP 26 LOT L710jI BLOCK SIZE 3. 69 ACRES
BUILDING IS TO BE FT.WIDE BY-FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: REMOVE AND INSTALL_ NEW ROOF FOR FACTORY M. M. M.
AREA OR PERMIT 4c� 0�
VOLUME ESTIMATED COST 70� QI00 FEE
(CUBICISOUARE FEET)
OWNER c;Al FM Pj IF:-DF COM
BUILDING DEPT.
ADDRESS 72 FLI'NT STREF-T BY
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
_APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1 FOUNDATIONS OR FOOTINGS.. CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL ELECTRICAL,PLUMBING AND
' 2.PRIOR TO COVERING STRUCTURAL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
B ILDING INSPECTION APPROVALS P-LWMBING•INSP_EC7lON.APP.BQV TRICAL INSPECTION APPROVALS
1 n j 1jMPOATMT: An Irk Is
Upon Ts}'^tfrr. G;,.Vok pnfs, e Ca
�0_7 - 2 2 � -a
dl
BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
1 1
OTHER CITY ENGINEER Z 2
WORK SHALL NOT PROCEED UNTIL THE ZNOTZSTAIRTE
ECOME N� 'A "VOID °CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS WITH'" .THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION OVI OR WRITTEN NOTIFICATION.
��� � �� .
� �
� � ��
'`
�, b
August 30 , 1971
CounciloY George McCabe
60 Washington St.
Salem, Mass.
i
i
Dear Councilor McCabe ;
The resi ents of Flint Street wish to bring to your attention the
following intolerable conditions that have existed in our neighborhood )
for many .years s
1. lConditions at the Leach & Heckel Factory areas
A. Unkept and filthy condition of building and surrounding land
i
B. Storege of tons of Raw Hides. in the rear of their builds'
C. Noisy machinery in operation during early morning hours �
We have been tolerating the use of our street by heavy trucks. This type
of traffic has also increased and is more constant during the day than the
regular automobiles. Our criticism of these heavy vehicles is that as
each of them pass our homes , which front on the sidewalks , our houses are
shaken and loosened and ceilings and walls have been cracked. One neighbor,
who lives at the corner of Flin6 and Mason Streets has pointed out a 'portion
of his sidewalk over which the wheels of tractor .trailers have passede
hazardously' close to the corner of his house, as the drivers turned their
heavy and long vehicles to enter Mason Street.
. We believe that the most paramount intolerable condition that exists in our
� I
nel4hborhood Is the appearance of both the building and the land of the
Leach & Heckel Company. These conditions have existed for many years , but
like the traffic they have become unbearable. The appearance of the factory
I
building has grown worse as the owners have not endeavored to maintain or
Smr4ove its appearance In any way. Today, there is leather and raw skins
stalked openly on pallets that are scattered in front of the building that
i
contribute to the untidy and smelly condition of the area. Also there are
tons of raw hides , yes that 's right , raw hides stacked in the rear of Leach
& Heckel Company, which is the most outrageous and unsanitary offense in
the -city of Salem let alone Ward six. These hides are stored under large
canvas tents which were erected without any permit from the Building
Inspectors office. This factory Is owned by a man who lives In Lincoln
Mass. He visits the factory maybe once a week, thus exemplifying to us the
true problems of absentee ownership in our City.
During the� earl,y morning hours , the Leach & Heckel Company has a machine
that is started about 1 A.M. . This machine has a loud screeching sound that
can be heard very distinctly during the warmer weather and is slightly
muffled during the colder weather, because all windows are closed. We
request that the Leach & Heckel Company be ordered to keep this machine , or
any other noisy machine , inoperative until at least seven o'clock each
morning. These sleepless nights on Flint Street cannot continue. In
addition to the aggravating noise and smell we put up with, there is a
release of soot from the factory that spreads throughout our area. We are
required to close our windows to minimize the soot from filtrating through
our home.
These conditions are truly damaging to a neighborhood that strives to maintain
and keep�Itheir property in a well kept condition, therefore before any
�I
further unwanted conditions are placed upon us , we the residents of Flint'
Street call for a complete investigation into the offenses that have been)
listed above.
d�'7,Jhlan ,�Ct n� Sincerely yours ,
II
(SEE SIGNATURES ON ATTACHED LIST) P
a • 5 `
J
�y C119
`1r►`` T P ;U C
V
September 10, 1971
Councillor George F. McCabe
227 North Street
Salem, MA 01970
Dear Councillor McCabe:
In regard to the complaints by Flint and Oak Street residents re Leach and
Heckel property on Flint Street, the following action has been taken:
(1) We immediately contacted Mr. Norman Bernstein, Superintendent,
by phone who requested a copy of the letter of complaint.
(2) Copy of the letter of complaint was hand delivered to
Mr. Bernstein's office September 9, 1971 (copy attached) . ,
(3) We will in the coming week meet with Mr. Bernstein to
outline a schedule on corrective action.
A portion of the complaints are not considered Public Health problems (heavy
trucks passing close to homes, walls shaken and loosened from truck traffic,
tractor trailers going over sidewalks, etc.). The outward appearance of the
factory is also a gray area as far as Public Health is concerned (painting,
repairing, etc.) . We can, however, go after any rubbish around the factory,
noise from machinery, and raw hides if they are stored in an offensive
manner.
We will keep you informed of our progress.
Very truly yours,
FOR THE BOARD OF HEALTH
i
r
JOHN J. TOOMEY, D.S.C.
Health Agent
f
Encl. 1
a `
I
LEACH - HECKEL LEATHER CO.
TANNERS
72 FLINT STREET
SALEM. MASSACHUSETTS
September 14, 1971
Mr. Colin E Cameron, R. S.
Board of Health
$ Broad Street
Salem, Mass. 01970
Dear Mr. Cameron;
Please be assured that we will do everything possible
to cooperate with our neighbors.
We have alreadyt prior to your communicationst changed
the schedule of our men so that the noisier machines are
not starting before 7A M. Also, this week we are embarked
on a program of cleaning up our front yard.
Very truly ymurs,
C �riC2y! liyr-ram,
Sup ntendent
-94 ;ii l iri b=D
Form 5 1'4E0%R&J tY16 --116
RE%EiVEgrobaprondtl by Dr
CITY OF S 1-F§a]'e9S-
Commonwealth CityfTown
of Massachusetts Apace Salem Suede
Order of Conditions
Massachusetts Wetlands Protection Act
G.L c. 131, §40
�Salem_Conservation Commission �
Fro
'Salem Suede, Inc. same
To
(Name of Applicant) (Name of property owner)
72 Flint Street Add Address
tess
This Order is issued and delivered as follows:
❑ lby hand delivery to applicant or representative on April 30, 1985 (date)
❑ by certified mail,return receipt requested on (date)
This project is located at 72 Flint Street Salem
The property is recorded at the Registry of Essex South
Book Page
Certificate(if registered)
The Notice of Intent for this project was filed on March 20, 1985 (date)
The public hearing was closed on $pril 25, 1985 (date)
Findings
The Salem Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time. the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under.the
Act(check as appropriate):
❑ Public water supply ❑ Storm damage prevention
❑ Private water supply x�D Prevention of pollution
❑ Ground water supply ❑ Land containing shellfish
xEd Flood control ❑ Fisheries
5-1
95
i
Therefore,the Salem Conservation Commission hereby finds thatthe following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plant,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures, shalt be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state or local statutes,ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
S. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or de-
bris, including but not limited to lumber,bricks, plaster,wire,lath, paper, cardboard,pipe,tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed,until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Commission
on the forth at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,
Fite Number 64-116
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all,agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein,the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
52
96
Plans:
Title Dated Signed and Stamped by: On Fie with:
Site Plan, Salem Suede, Inc.. Paul F. Mulloney Conservation Commission
Sheets 1-4 May 1984
Special Conditions(Use additional paper 9 necessary)
1. Work shall conform to above-referenced plans
2. Work shall further conform to submitted addenda to Notice of Intent and
0 & M Manual for Salem Suede, Inc. , prepared by Paul Mulloney, P. E. of
SP, Engineering, Inc.
3. A minimum safety factor of 1.5 shall be employed in the anchoring, and
construction of storage tanks.
t
.........................................................................
. .................................................... (Leave Space Blank)
5-3A
--- -- -
917
t
Issued By Salem Conservation Commission '
Sign e(s)
V
This Order must be signed by a majority of the Conservation Commission.
On this
25 day of April g 85 before me
pe��y appe ' the above-named persons to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the sam7lis, his/her free act d deed 9-9-88
Notary Public My commission expires
The applicant,the owner,any person acgrifted by this Order.any owner of land abutting the land upon which the proposed work is to
bo dwe or any ten residents of the city or town in which such kind's located are hereby notified of their right to request the Department
at sn i"-mental Oualtty Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to .
the Depwtment within ten days from the date of Lseuance of this Order.A copy of the request shall at the same time be sent by certified
.ran or hand delivery to the Conservation Commission and the appkanL
t
Detach on dotted line and submit to the Salem Conservation Commission prior to commencement of work
y
To Issuing Authority
please be advised that the Order of Conditions for the project a
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition a on 1 B—
It recorded land, the instrument number which identifies this transaction is
It registered land,the document number which identifies this transaction is
Applicant
Signature
5.4A
`o �& �t# 1 IIf ?xICTiT� C�; 'tt55FiC�1Lt04- !V F i1
a a fni g ?3aarb
*85 MAY 14 P 2 :59
Otte �ttlem Gran
CITY CLERK'S OFFICE
SALEIN'i MASS
DECISION
May 6, 1985
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
Salem Suede, Inc.
Q2 Flint Street"+
Salem, MA. 01970
On Thursday, May 2, 1985, the Planning Board of the City of Salem held a
public hearing regarding the application of Salem Suede, Inc. , 72 Flint
Street, for a Special Permit under Section P, Wetlands and Flood Hazard
Districts, of the Salem Zoning Ordinance, with respect to the proposed
construction of a sewage pre—treatment facility on their property at 72
Flint Street,which is within a wetlands/flood hazard district.
At a regularly scheduled meeting of the Planning Board on May 2, 1985,
the Board voted, by a vote of seven in favor, none opposed, to approve
the application as complying with the requirements for the issuance of
the permit with the following conditions:
1. Work shall conform to plans entitled, "Site Plan, Salem Suede, Inc. ,
Sheets 1 — 4, dated May, 1984, prepared by Paul F. Mulloney, P. E. ,SP
Engineering, Inc. Work shall further conform to all conditions set
forth in an Order of Conditions approved by the Salem Conservation
Commission, dated April 25, 1985.
2. This order does not grant any property rights or exclusive
privileges; it does not authorize any injury to private/public property
or any invasion of public/private rights.
I hereby certify that a copy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed and no appeal has been filed or that if such appeal has been
filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deeds and is indexed in the grantor index under the
name of the owner of record or is recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be
paid by the owner or applicant. —�
Walter B. Power, III d�
Chairman
W I D E T T & KRUGER
COUNSELLORS AT LAW
ONE FEDERAL STREET
BOSTON, MASSACHUSETTS 02110
AREA CODE 617-482-4727
June 20, 1969
The Building Inspector
Town of Salem
Salem, Massachusetts
Dear Sir:
We are representing clients who are in the process of
purchasing premises known as and numbered 72 Flint Street,
in Salem. These premises are presently owned by Leach -
Heckel Leather Co. , as I understand it they operate a
tannery on the premises. My clients upon purchase similarly
plan to operate a tannery. Therefore, I would appreciate
if you could provide me with the following information:
1 . In what zoning district is the premises located? INDUSTRIAL
2 . Are there, with respect to town building and zoning
codes , any violations of record or variances of record
with respect to the property, or do you know of any
violations with respect thereto? No.
3. Is the premises so zoned that the operation of the
tannery is not a nonconforming use or some other PERMITTED USE
exception to the zoning or building codes otherwise
applicable to the premises?
Very truly yours ,
WIDETT & KRUGER
/� A Q
Harvey M. Burg
HMB/lb
NG City of Salem Ward
�`H.Cpraf.�
a C9 O OG
i
h
APPLICATION
FOR
PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION
IMPORTANT X-
TAANT-Applicant to complete all items in sections:1. ll, Ill, IV. and I {)
I. AT(LOCATION) � ��4// ZONING y�
DIA"Gr
7
LIC
OCATION NO' sTREEO
OF BETWEEN 14-74S0.Al 5 7— AND
BUILDING LCROW STREETI CROSS STREET(
LOT
LOT BLOCK SIZE
SUBDIVISION - _-.
TYPE AND COST OF BUILDING -All applicants complete Parts A - D
. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE
I ❑ New building Residential Nonresidential
2 ❑ Addition in residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recrestionat
nousmg units wow.it any,in pan D, 13) 19 ❑ Chruch,other relguu9
t3 ❑ Two more faintly..Enter number
3�Alteraban(See 2 above, of units ................................................... 20 ❑ Industrial❑
21 Parking garage
4 ❑ Repair replacement 14 ❑ si Tranent be r o until,or dormitory- 22 ❑ Service station,repair garage
Enter number of units .......................
5 ❑ Wrecking(If muotamdy iesldeneal. is,number 23111t❑���� Mospdah instdutiorW
of units in budding in Part O. 131 1 fi uene 24 Off ice.bank,professional
6 ❑ Moving(reocatom 16 ❑ i;arboc 25 ❑ Public utility
i ❑ Foundation only 26 ❑ School,library,other educational
17 ❑ Other-spicily 27 ❑ Stores,mercantile
B.OWNERSHIP
28 ❑ Tanks,towers
institution.8 Private nn e al.corporation.nonproM 29 ❑ Other Specifyinstitution.institution..efc.1 ta,
9 ❑ Public(Federal,State.or,oral goverhrrrent
.COST (Omit cents) Norimaaemial-Describe in debut proposed use of buildings,e.g.,toad processing plant
machine shop,laundry building at hospiUf,elementary school.secondary sUgol,COMM
. $ / M/4 pamchal school,parking garage for department store.rental office budding,office building
Cost of improvement
-"'""""""""""'""--......"----- xo at industrial plant.If use of existing building is being changed.enter proposed use.
To be installed but not included
in the above cost
a. Electrical ..........................................................................
b. Plumbing _._.........__..._...._............_....__..............._._...
Heating.air conditioning _.___._............._........._..
a Other(elevator.etc., ........... ............. ry
1. TOTAL COST OF IMPROVEMENT S 'may 00
SELECTED CHARACTERISTICS OF BUILDING - For new buildings and additions. complete Parts E - L.demolition,
complete only Parts J& M. all others skip to IV
. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL
30 ❑ Masonry(wall bearing, 35 ❑ Gas 30 Public or private company Will there be central air
31 `Nood frame 36,0 Oil a1 ❑ private(septic tank.etC.l condtomng?}�{
32 ❑ Structural steel 37 ❑ Electricity a4 5 yes 45 ❑ No
H. TYPE OF WATER SUPPLY
33 Reinfonad fArorele 38 ❑ Coal Will there by an elevator?
34 ❑ Other-Specify 39 Cl Other-Specify 42 19 Public or Private company s6 ❑ yes 47 NO
3 ❑ Private(well,cistern,
DIMENSIONS M. DEMOLITION OF STRUCTURES:
c3. Numcer of stones ............. ____. _..
:3. Total square feel of Boor area Has Approval from Historical Commission been received
all Xo s base0 on..... r
olmmsana _................._._..._.__..................................... for any structure over fifty(50)Years? Yes_ No
'). Total lend area.sq.It...............___ Dig Safe Number
NUMBER OF OFF-STREET PARKING SPACES Pest Control:
I. Enclosed ..........._......................_......_._......._................-
HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?
=z. Outdoors.... ................. Yes No
aESIDEWIIAL BUILDINGS ONLY Water:
:3. Enclosed..................._.__......................_.._..._.._.__. Electric:
Gas:
Full......._.................................. Sewer:
i4. Numberof
bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED
Partial BEFORE A PERMIT CAN BE ISSUED.
COMPLETE THE FOLLOWING:
Historic District? Yes_ No k (If yes,please enclose documentation from Hist Com.)
Conservation Area? Yes_ No x (If yes,please enclose Order of Conditions)
Has Fire Prevention approved and stamped plans or applications? Yesk No_
Is property located in the S.R.A. district? Yes_ No>,
Comply with Zoning? Yes No_ (If no,enclose Board of Appeal decision)
Is lot grandfathered? Yes_ No_ (If yes,submit documentation/if no. submit B
If new construction, has the proper Routing Slip been enclosed? Yes_ No_
Is Architectural Access Board approval required? Yes_ No_ (If yes, submit documentation)
Massachusetts State Contractor License Salem License#!/.0 I'll
Home Improvement Contractor # Homeowners Exempt form(if applicable) Yes_ No
CONSTRUCTION TO BE COMMENCED WITHIN SIX (6)MONTHS OF ISSUANCE OF BUILDING PERMIT
INSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary, please submit
n writing to the Inspector of Buildings.
IDENTIFICATION - To be completed by all applicants
Name Mailing address-Numcer.street.cny.and state ZIP Code --I.No.
l7a�t�
ar or
2;orL
actor Builder's ��
bcense No.
a.3oo3
sect or
,eer
hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application
:s his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
lature of appti Address/eS Application date
APPOINTMENT FOR FINAL Salem Fite Depa4tment
INSPECTION MUST BE Fi( to P-tevention Bu teau. � APPOINTMENT FOR FINAL
INS' AT LEAST ONE WEEK 48 La4ayette- St4.eet INSPECTION MUST BE
Salem, Ma 01 970 MADE AT LEAST ONE WEEK
AHEAD---------------- l (5 0 8 ) 7 4 5-7 7 7 7 AHEAD-..----
FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT
i
In acco4dance wtth the pnovi4ton6 o4 the Ma.6,6achu6ett6 State 8u&R-dCng Code
and the Salem F.vice Code, apPti.cation t-6 hen.eby made 4on appnovaC o4 ptan-6
and the .( -6uance o4 a ceAt-6tcate o4 app4.ovaC 4o,% a buitd-.ng pe- m,(t by the
SaC'em FZte Depaatment. (Re4. Section 113. 3, Ma64. State BZdg. Code)
Job Location:
1 ?ryN "o
Owne c/Occupant: a
EZecth cat Cvnt�cacto4.: 0
_ C,lz, ytl�2'G T
Fihe Suppnea4ivn Cvnt,tacto�c: �Na�
S-i.gnatu,ce o4
AppP.icant: B OG���I�/ —S Phone #:
Add,ce,6,6 o4 _ _ p City v4.
AppP i cant: Town:
Appnova2 date: �0
Ce4ti4Zcmte o4 appnovaC .4 he4.eby 94.anted, on approved ptan-6 on. -6ubmZttaZ
o4 p4.vject detatt. 6, by the Salem Ft a DepaAtment. AZZ ptana ate appnoved
4otety 4v4. -identi.4tca -i,on o4 type and Zoeati.on o4 4-4,te pn.otec-tion devtce-6
and equtpment. AZ2 ptanb an.e .6ubjec-t to a.ppnovaZ o4 any othe4. autho4.ity
having juA,, sdZc-ti.on. Upon comptetton, the appZ-icant on t"ta te4.(4) ahaZZ
n,eque-6t an -in.6pec-Ion and/o-t te.6t 04 the 4.44.e p4.otectl.on dev-4ce6 and
equ,Lpment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** )
New con.6t4.ucti,on.
Ptope-ty Zoca .ion ha" no compti.ance w4th the pnovd s.iorw o4
Chapte�e 148, Section 26 C/E, M. G. L. , netative to the
Z"taZati.on o4 a.pp4.oved 4.i to ata&m devtcea. The ownet o4
tht-6 p4.opehty 4.6 n.egiweed to obtain comp?lanee a.6 a
condition o4 obtain,i.ng a Bu i.P,d.ing Pe4m.it.
Pnopenty Zocativn i4 .in cvmptia.nce with the pnovi-6ton4 o4
Chapte--c 148, Section 26 C/E, M. G. L.
Expt,ta.ti,on date: 3d L 3�
4X na.'t v4jf .ici,a.Z
Fc_e iuc: undo ' . 00 So_. Ft. G�y/J
.. � '1
FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT
In compliance with the provision of Section 113.5 of the Massachusetts
State Building Code, and under guidelines agreed upon by the Salem Bldg.
Inspector and the Salem Fire Chief, the applicant for a building permit
shall obtain the Certificate of Approval (see reverse side) and stamped
plan approval from the Salem Fire Prevention Bureau.
Said application and approval is required before a building permit may be w
issued. The Massachusetts State Building Code requires compliance z 3
approval of the Salem Fire Department, with reference to provisions of U. m w
Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts o: F- p
General Laws, and 527 Code of Massachusetts Regulations. oLL = F
z � N ;
The applicant shall submit this application with three (3) sets of plans, W zo
drawn in sufficient clarity, to obtain stamped approval of the Salem Fire f r a
Department. This applies for all new construction, substantial o w w o
alterations, change of use and/or occupancy, and any other approvals as w a =
required by the Massachusetts General Laws, and the Salem Fire Code. a z a
Exception: Plans will not be required for structural work when the
proposed work to be performed under the building permit will
not, in the opinion of the Building Inspector, require a
plan to show the nature and character of the work to be
performed.
Notice: Plans are normally required for fire suppression systems,
fire alarm systems, tank installations, and Fire Code
requirements.
Under the provisions of Article 22 of the Massachusetts State Building
Code, certain proposed projects may not require submission of plans or
complete compliance with new construction requirements. In these
cases, provisions of Article 22, Appendix T, and Tables applicable
shall apply. This section shall not, however, supersede the
provisions outlined in the Salem Fire Prevention Regulations, Chapter
148, MGL, or 527 Code of Massachusetts Regulations. All permits for
fire code use and/or occupancy shall apply for the entire structure;
fire alarm and/or smoke detector installation shall apply to the
entire structure based upon current requirements as per Laws and/or
Codes, but the existing structure may comply with regulations
applicable for existing structures.
Notice: Sub-contractors may also be required to file individual
applications for a Fire Department Certificate of Approval
for the area of their work. Such sub-contractors shall file
an Application to Install with the Fire prevention Bureau
prior to commencing any work for those areas applicable.
FOR fiWNL '
Form 81X (10/90) pINTMENt FOT BE A ppSPE t�N MS SOME WEEK
APP EO11ON MOSONE
1P1 DE AT 1 EA _r-�-
1tA LEPST .
MA
MADE AT -�� AN�p_....
AHEAD....._.._..-....
DO NOT WRITE BELOW THIS LINE
VI. VALIDATION
Building l -_ ( J FOR DEPARTMENT USE ONLY
Permit number 7
Building ``� ry�^ Use Group
Permit issued J 19—/
Fire Grading
Building
Permit Fee $ Live Loading
Certificate of Occupancy Approved by: Occupancy Load
Drain Tile $
Plan Review Fee
o �.
TILE
NOTES AND Data - (For department use)
V4
S t X q- Z
1,
IV
e. W
v
Gt�41L l S `f d �
PERMIT TO BE MAILED TO:
DATE MAILED: — y
Construction to be started by: Completed by:
A ZONING PLAN EXAMINERS NOTES
I
DISTRICT
USE
i
FRONT YARD
SIDE YARD SIDE YARD
REAR YARD
NOTES
SITE OR PLOT PLAN •For Applicant Use
I
j
i
i O N
L
5 x
gi r'a Y• - ii -�,.:, - U.ILDING �� -�J.
PER
JOB WEATHER gep�
DATE' VPo4i July 5 , _,. 9A �tE�l':"9
APPLICANT \. ,.BSdrOC�. Gul ldiri A ADDRESS +� oC PER!Z<�Py1 F E 2F7 ."� h„,.'.
1 INC.) (STREETI (COMTRy LICENSEI
it Al.t/rat iCN3Y of ffice NUMBER OF iSAV :;.�f A• _3.
PERMIT TO (1I STORY - DWELLING UNITS
ITYPE"OF IMPROVEMENTI NO.f - (PROPOSED U9E1
72 Mot Street, � `wild 6 TONING
AT (LOCATION) DISTRICT-
ISO.) (STREETI 1�Yp „f• 'iK [r
BETWEEN AND
(CROSS STREET) (CROSS STREET) + AAIIC Aati ;w A
LOT a7M'"'W".'.
SUBDIVISION LOT BLOCK. ' SIZE 4M "
BUILDING IS TO BE. FT. WIDE BY FT. LONG BY FT-. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION "
TO TYPE - USE GROUP BASEMENT WALLS OR•FOUNDATION
-:_ ITYPEI
REMARKS: Renovate attice *pace v/ nee plubminiE elsetvical i ipsinklerM
Call for Permit to Occupy
2/PEA OR _ D - 1 18,000
0LUME ESTIMATED COST PERMIT 3 ,133 t A y
ICUDICJSOUARE FEET)
S ar'P iolK"
' OWNER David ZSGD '.`_.
ADDRESS 12 Flint Street Salez;P Mass. BY1L0Y5,4€P$•R la:Lriinye _
_ LAa 41
THIS PERMIT CONVEYS C RIGHT TO OCCUPY ANY STREET, ALLEY 09 SIDEWALK OR ANY UNDER
THEREOF. EITHER TEMPOA ARILY
PERMANENTLY. ENCROACHMENTS NMENTS ON 'PUB LIC PROPERTY. NOT SPECIFICALLY ECIi IC ALLY PERMITTED UNDER THE BUILDING CODE MUST BE AP
PROVED BY THE JURISDICTION. STREET' OR ALLEY GRADES.AS WELL AS DEPTH.'AND LOCATION,OF.PUBLIC SEWERS MAY BEmoll, INEO '
_ FROM'TNE DEPARTMENT OF.-PUBLIC'WORKS; THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE-AAPLIC ANT FROM THEUCONOIT IONS
OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. ✓ m.;fx} •�: aId? + -^T
MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE
INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PF RMITS ARE REO UIREOr+FOR, r3zy'�.
ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING' AN0 r
I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INS T ALLAy'IONS I°k
Z. PRIOR TO COVERING STRUCTURAL OUIREO,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL dry wq�
M E MBERS I READY TO LATH).
3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE.
OCCUPANCY. ' §eSd7s
POST THIS CARD SO IT IS VISIBLE FROM STREET
ZBUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
P .
x T_
BOARD OF HEALTH GAS INSPECTION APPROVALS FI DEPT.I 1P CTING AP
•e 4� �4
OTHER CITY ENGINEER 2 2 -
,
.S.
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL.BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON-THIS CARD-
INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS C DATE THE CAN BE ARRANGED FOP BY TELEPHONE,
STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
�YtL''
, y r 'e� CERTIFICA 7E/111$ 5D
Y lU 31/ 4
DATE
CITY OF SALEM
s SALEM, MASSACHUSETTS 01970 BUILDING PERMIT -
�a���; CERTIFICATE OF OCCUPANCY
L. I..<;4
DATE 19 PERMIT NO.
APPLICANT -?r0--. BuilaerS ADDRESS GC"- �• u_V' ...�
INO.1 ISTREETI (CON[R'5 LICENSEI
ram- Ulf.•ICE NUMBER OF
PERMIT TO /'•1.-vL. __LTII_`_ I_) STORY DWELLING UNITS
ITYPE OF IMPROVEMENTI 'N0. IPROPOSEO USE)
ZONING
AT (LOCATION) iL in Jt ree a L DISTRICT
(NO.) (STREETI
BETWEEN, 'AND
ICROSS STREET) ICROSS STREET)
LOT
SUBDIVISION, LOT BLOCK SIZE
BUILDING I TID BE FT. WIDE.P, `FT. LONG BY 'FT. IN HEIGHT AND SHALL+CONFORMI IN CONSTRUCT ION
T TYPE a . USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
RrmARKs Re^=a_e: c`fice -space y/ --nevr',r,lubminz,NW
e'La__t::ca.1 L snrin?.'_ers
AREA OR •• ', PENu �� 7�AEWTri
VOLUME E
sea[ RI< SOWRE:FE ETI L73W_�•Y••FN3Wa^B�•E 9Nu
'slV o�+/s�-n s�w��-Flo�rrls�-n vfn TO BE POSTED
ON PREMISES orrFsc9ls
OWNER Dev t1: Zior. - � TO BE POSTE6 ON PREMISES
ADDRESS
72 '}•'L1IIC iirreEr Salaam, Navt;. SEE51EVERSESI&T-FORifiONDITIONS OF CERTIFECATE
DEPARTMENTAL APPROVAL FOR CERTIFICATE
1 of OCCUPANCY and COMPLIANCE
To be filled in by each division indicated hereon
upon completion of its final inspection.
BUILDINGS Permit No. 261-94
Approved by John .Jennings Date 10/31/94
Remarks
j a
PLUMBING Permit No.
i
Approved by ? Date
Remarks I
I
_ I
ELECTRICAL Permit No.
Approved by Al Falkovsld ? Dated/7/94
?rs
i
Remarks
OTHER Fire Permit No.
Approved by_ Norman Lapointe Date 10/12/94
Remarks
r
OTHER
Permit No. Ir
i
., I �wirr
;Approved by ; Date I tlf�sAta""`
Remarks
�FiPR- S-97 TUE 10 : 10 STRUCTURES NORTH P - 02
BUILDIPIG DEPT. . [ n
STAUGUAS
HOAT-0
C17Y OF SALEM '-
CONSULTING
April8, 1997 ENGINEERS
Salem Suede, Inc.
72 Flint Street
P.O. Box 708
Salem, MA 01970
Attention: Ms. Beth A. Zion
Reference: Roof Failure
Dear Beth.
On Wednesday, April 3, 1 visited your facility to observe a collapsed roof which was part
of an earlier, single story, 35 foot by 105 foot addition on the east side of your main
building, the failure having occurred the day before during a blizzard.
Original Construction:
I noted that the roof was framed with prefabricated wood"gangnail plated" trusses, spaced
at approximately 4 feet on center and which spanned approximately 35 feet, running in the
east-west direction. The top chords had about a 3.5 in 12 pitch, and the roof trusses were
supported by wood stud bearing wall along the existing building, and combination wood
stud and post and beam bearing wall at the east side of the addition. The sloping, shingled
roof had one layer of plywood sheathing over flat 2x4 purlins which ran continuously over
the top truss chords in the north-south direction.
Failed Condition:
Upon my visit I found that the trusses had violently failed, collapsing the entire roof onto
the large machinery below it in the middle of the space, which along with the remaining
piping, acted to support the deflected structure. I found evidence of failure in most every
type of truss member, including compression failure in the top chords and compression
struts, and tensile connection and member failure in the bottom chords and tension struts.
I also found signs of bending and shear failure in several members where the large
magnitudes of the deformations caused by the sudden downward movement, created
redistribution of stresses, especially in the bottom chords, which in some cases also were
damaged by the impact of the fall.
P.O.Box 8560 • Salem,Massachusetts 01971
(508) 745-6817 • Voice /Fax
�FiPR- S-97 TUE 10 : 1 1 STRUCTURES NORTH P _ 03
r � /
Supplementary bracing members such as compression strut cleats and some bridging
which had been added did not seem to have been the "weak link" in the failure, as these
seemed to all be relatively intact, however deformed by the overall downward movement.
The roof structure and trusses are from a practical standpoint, unsalvageable, however the
supporting walls and, I would assume, foundations, can be repaired and/or strengthened
and re-used. I did note a possible sign of some settlement at the south end of the west
supporting wall and will be examining the flashed joint at the top of the roof to try to
determined the age of the movement, and whether it happened as part of this failure.
On Thursday morning, April 3, 1 noticed that the melting snow was starting to pond at a low
point in the roof, and assisted some of your staff in drilling a few holes in the roof deck to
let the meltwater relieve itself. I also suggested that some temporary jacks be installed to
prevent future settlement of the structure and additional pending.
At this time the roof remains in its failed position and the space below it remains cordoned
off from the rest of your plant.
Cause and Mode of Failure:
In determining the cause and mode of the roof failure, several facts must be considered:
• The failure occurred in the final hours of a record breaking blizzard. This was
apparently the third greatest in depth in the history of the region, and consisted of
an unusually dense snow because of the seasonal temperatures during which it fell.
• The predominant wind during the blizzard was from the northeast, which would in
theory cause significant drifting to occur at the bases of the north and east sides of
large, tall structures. This would have been the case with your failed roof where the
contiguous wall to the west of it is more than two stories higher.
• In a properly designed truss, all members are designed for their share of the total
truss load to achieve one overall capacity for the truss. A percentage overload on
the truss would typically result in the same percent overload on each component
member, these being over stressed the same amount. If the truss were overloaded
to failure, all of its components of a properly designed truss would theoretically fail
at about the same time. The simultaneous failure of nearly all of the truss'
component members at your facility suggests that the trusses were probably
properly designed, but were failed by excessive external loads.
• Up until the date of the failure, there were apparently no signs of distress during the
more than 20 years since this structure was built. There were no signs of any
significant recent alterations, and no significant hanging equipment loads added to
the trusses.
Page 2
APR- E3 �UE 10 : 12 STRUCTURES NORTH P _ 04
• The building code by which the roof was designed probably did not require that the
structure be built to withstand the weight of snow drifts. By its existence and the
successful span of its service life, the roof was essentially "grand fathered" like so
any other roofs of a similar age, and was therefore retroactively accepted by code
according to Article 32 of the Massachusetts State Building Code, Fifth Edition.
• The structure being an inaccessible sloping roof, snow is the only significant,
varying load which will occur on the structural system.
From the above considerations, it is my conclusion that the roof failure was a direct result
of an extremely high snow drift load, caused by extreme and infrequent weather conditions.
Replacement:
We recommend that the lowest point of the roof be temporarily supported by screw jacks
to avoid future pending of water, until it can be replaced.
We recommend replacing the entire roof structure with a similar wood trussed system,
which would, however, be designed for the full drift loads specified by the current code.
Bearing walls, supports and affected foundation elements would be inspected and
reinforced as necessary for the new loads.
I estimate that the cost of the replacement would be in the range of $100,000.00 to
$130,000.00, depending upon the amount of repair or strengthening that the supporting
elements will require.
Per your verbal direction, we will be doing a final inspection once the snow has all melted
and will be starting the redesign immediately thereafter. Please contact me if you have any
questions.
Very TruI Yours,
wt M. Wathne, PE, President
Structures North Consulting Engineers, Inc.
CC: Leo Tremblay, Inspector of Buildings, City of Salem
Page 3
.e
of harem, f a.5gacbu!gettg
Vublir Propertp 3Bepartment
3guilbing Zepartment
One.6atem green
(976) 745-9595 Cxt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
February 13 , 1998
Guy Gaudrault
4 Gifford Court
Salem, Mass . 01970
RE : 72 Flint Street
Dear Mr . Gaudrault :
On February 12 , 1998 I conducted an inspection at 72
Flint Street (Salem Suede ) with a Mr . Chuck Bonfanti, the
plant manager . After walking around the entire plant with
Mr . Bonfonti , the only possible loud noise that I could
observe was the noise of a recycling water pump located
near the East wall of the building. Mr . Bonfanti informed
me that the pump did run all night long. I inquired if it
would be possible to have the pump shut off during the
night time hours . He informed me that he would shut the
pump down in the evening and turn it back on at 7 : 00 a .m.
in the morning to see if this is the noise that is causing
your problems . I could not find any other machinery that
would cause enough noise to carry to your residential area
to create a problem.
Mr . Bonfanit turned on all machines I requested him
to run and was very accommodating in this matter .
If this office can be of any further assistance in
this matter , please do not hesitate to call .
Sincerely,
Leo E . Tremblay
Inspector of Bui dings
LET: scm
cc : Jane Guy
Chuck Bonfanti
Councillor Flynn, Ward 2
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE ,jurisdiction
Hist. Comm. Yes ❑ No C
REFERRAL FORM Cons. Comm. Yes 17 Not
SRA Yes 17 No
Date:
Address: Z C�✓�7�� /f �r'it� �t�L�✓E
Complaint: /'IDi'co o�ir� t ,�, .// ��jiY� GN�.✓/K�, r� C✓n' �wcr�
!LLG/z`CclirtG �N �y .,/✓sue ,�'�' �<r�-1 /c> /l7'w�Y��,.sru�� 6�
2a d fQm D.
P-T�+/�� ,/n pli 5i(�✓ ,yin.,iiJ /Zlc /'/1/P �i�
Complainant: j //U �rcY _Phone#:
Address of Complainant: [e,,
BUILDING INSP TOR
FIRE PREVENTION ELECTRICAL. DEPARTMENT
HEALTH DEPARTMENT CITY SOLICITOR
ANIMAL CONTRO SALEM HO r. ING AUTHORITY
PLANNING DEPARTMENT RQLICE DEPARTMENT
IREASURERICQLLECTOR ASSESSOR
WARD COUNCILLOR OR DPW
SHADE TREE
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO THE SAL]
PLANNING DEPARTMENT WITHIN Da WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
Lcn V e .
s
oalJlt- Ifd'f; A
Form5 JUL ! iL 2.7 PH ,86 DEQEReNO. 64-135
. - RE{;E I'dEI7 (To be prodded by DEQE)
CITY OF StLEM MASS. Salem
Commonwealth cirylTo«n
of Massachusetts APp Salem Suede
' a
Order of Conditions
Massachusetts W' tlands PWbi�ction Act
G.L c. 131, §40
Salem Conservation Commission
Fro .
same
(Name of Applicant) ': (Name of property owner)
• Address
72 Flint Street Address same
This Order is issued and delivered as follows:
_ ❑ lby hand delivery to applicant or representative on (date)
f (date)
by certified mail, return receipt requested on
This project is located a 72 Flint
The property is recorded at the Registry of Essex south
Book Page
t Certificate (if registered)
The Notice of Intent for this project was filed on
June 2, 1986 (date)
The public hearing was closed on June 12, 1986 (date)
Findings
The Salem Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project Based on the information available to the
a,
the commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply ® Storm damage prevention
❑ Private water supply Prevention of pollution
❑ Ground water supply ❑ Land containing shellfish
❑ Flood control ❑ Fisheries
5-1
. v
95
Therefore,the Conservation Commission hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above.The orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol,
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
General Conditions
.1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory mess
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee gr any other person of the necessity of complying with all
other applicable federal, state or local statutes,ordinances,by-laws or regulations.
0
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
.either of the following apply
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in,this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the"expiration date of the Order.
6. Any f11 used in connection with this project shall be clean fifi, containing no trash, refuse,rubbish or de
bris, including but not limited to lumber,bricks,plaster,wire, lath, paper, cardboard, pipe, tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed, until all proceedings before the Department have been completed.
! 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.
In case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the CommisG;on
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,
File Number 64-135
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all'agency proceedings
and hearings before the Department.
1 1. Upon completion of the work described herein,the applicant shall for request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions: 7;
,x
! � 96
Plans:
Title Dated Signed and Stamped by: . On File with:
Site Plan of Salem Suede, Inc PaL F. Mnl'rinpy _ Con. Comm.
Splfied Oxidation Tank 5/84
Topographical Site Plan
Special Conditions(Use additional paper it necessary)
1. Work shall conform to above-referenced plans and specifications.
2. A minimum safety factor of 1.5 shall be employed in the anchoring and
construction of the storage tanks.. :
t
..........................................................._..................................................................._—.............................................
_
_ - (Leave Space Blank)
5.3A
i
i.
97
Issued By M Conservation Commission
Sig re(s
r.
This Order must be signed by a majority of the Conservation Commission.
On 4h a 26 day of June 19 ar before me
personallythe abov - to me known to be the
ap.person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same his/her free ae and d
9-9-as
Nos ry Pubic My commission expires
The appif.-ant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the tamed work is to
M done or any ten residents at the city or townn w ihich such Lands located are hereby notified of their right to request the Department
�_- - of Fsrwirorv,rentai ouaiity Engineering to issue a superseding Order,providing the request is made by certified mad hand delivery to
trig Depen rent within ten days from the date of issuance of this Order.A copy of the request shall at the same time b b e sent by certified
mad cr hand delivery to the Conservation Cmmission and the appliortL
Conservation Co Mmission prior to commencement of wort
Det,%ch on dotted line and submit to the
Issuing Authority
To
Please be advised that the Order of Conditions for"project e
and
Fie Number has been recorded at the Registry of
has been noted in the chain of title of the affected property in accordance with General Condition 8 on — t 9—
If recorded Land, the instrument number which identifies this transaction is
It registered land,the document number which identifies this transaction is
Applicant
Signature
5-4A
__
..- --- -�
v�
1
I
i
_ �1
F�
STAUGUAIS
N 0-RTA
CONSULTING
April 8, 1997 ENGINEERS
Salem Suede, Inc.
72 Flint Street
P.O. Box 708
Salem, MA 01970
Attention: Ms. Beth A. Zion
Reference: Roof Failure
.Dear Beth:
On Wednesday, April 3, 1 visited your facility to observe a collapsed roof which was part
of an earlier, single story, 35 foot by 105 foot addition on the east side of your main
building, the failure having occurred the day before during a blizzard.
Original Construction: ' '
1 noted that the roof was framed with prefabricated wood "gangnail plated" trusses, spaced
at approximately 4 feet on center and which spanned approximately 35 feet, running in the
east-west direction. The top chords had about a 3.5 in 12 pitch, and the roof trusses were.
supported by wood stud bearing wall along the existing building, and combination wood
stud and post and beam bearing wall at the east side of the addition. The sloping, shingled
roof had one layer of plywood sheathing over flat 2x4 purlins which ran continuously over
the top truss chords in the north-south direction.
Failed Condition:
Upon my visit I found that the trusses had violently failed, collapsing the entire roof onto
the large machinery below it in the middle of the space, which along with the remaining
piping, acted to support the deflected structure. I found evidence of failure in most every
type of truss member, including compression failure in the top chords and compression
struts, and tensile connection and member failure in the bottom chords and tension struts.
I also found signs of bending and shear failure in several members where the large
magnitudes of the deformations caused by the sudden downward movement, created
redistribution of stresses, especially in the bottom chords, which in some cases also were
damaged by the impact of the fall:
P.O.Box 8560 • Salem,Massachusetts 01971
(508) 745-6817 • Voice /Fax
J •
Supplementary bracing members such as compression strut cleats and some bridging
which had been added did not seem to have been the "weak link" in the failure, as these
seemed to all be relatively intact, however deformed by the overall downward movement.
The roof structure and trusses are from a practical standpoint, unsalvageable, however the
supporting walls and, I would assume, foundations, can be repaired and/or strengthened
and re-used. I did note a possible sign of some settlement at the south end of the west
supporting wall and will be examining the flashed joint at the top of the roof to try to
determined the age of the movement, and whether it happened as part of this failure.
On Thursday morning, April 3, 1 noticed that the melting snow was starting to pond at a low
point in the roof, and assisted some of your staff in drilling a few holes in the roof deck to
let the meltwater relieve itself. I also suggested that some temporary jacks be installed to
prevent future settlement of the structure and additional pending.
At this time the roof remains in its failed position and the space below it remains cordoned
off from the rest of your plant.
Cause and Mode of Failure:
In determining the cause and mode of the roof failure, several facts must be considered:
• The failure occurred in the final hours of a record breaking blizzard. This was
apparently the third greatest in depth in the history of the region, and consisted of
an unusually dense snow because of the seasonal temperatures during which it fell.
• The predominant wind during the blizzard was from the northeast, which would in
theory cause significant drifting to occur at the bases of the north and east sides of
large, tall structures. This would have been the case with your failed roof where the
contiguous wall to the west of it is more than two stories higher.
• In a properly designed truss, all members are designed for their share of the total
truss load to achieve one overall capacity for the truss. A percentage overload on
the truss would typically result in the same percent overload on each component
member, these being over stressed the same amount. If the truss were overloaded
to failure, all of its components of a properly designed truss would theoretically fail
at about the same time. The simultaneous failure of nearly all of the truss'
component members at your facility suggests that the trusses were probably
properly designed, but were failed by excessive external loads.
• Up until the date of the failure, there were apparently no signs of distress during the
more than 20 years since this structure was built. There were no signs of any
significant recent alterations, and no significant hanging equipment loads added to
the trusses.
Page 2
The building code by which the roof was designed probably did not require that the
structure be built to withstand the weight of snow drifts. By its existence and the
successful span of its service life, the roof was essentially "grand fathered" like so
any other roofs of a similar age, and was therefore retroactively accepted by code
according to Article 32 of the Massachusetts State Building Code, Fifth Edition.
• The structure being an inaccessible sloping roof, snow is the only significant,
varying load which will occur on the structural system.
From the above considerations, it is my conclusion that the roof failure was a direct result
of an extremely high snow drift load, caused by extreme and infrequent weather conditions.
Replacement:
We recommend that the lowest point of the roof be temporarily supported by screw jacks
to avoid future pending of water, until it can be replaced.
We recommend replacing the entire roof structure with a similar wood trussed system,
which would, however, be designed for the full drift loads specified by the current code.
Bearing walls, supports and affected foundation elements would be inspected and
reinforced as necessary for the new loads.
I estimate that the cost of the replacement would be in the range of $100,000.00 to
$130,000.00, depending upon the amount of repair or strengthening that the supporting
elements will require.
Per your verbal direction, we will be doing a final inspection once the snow has all melted
and will be starting the redesign immediately thereafter. Please contact me if you have any
questions.
Very Trul Yours,
Wathne, PE, President
Structures North Consulting Engineers, Inc.
CC: Leo Tremblay, Inspector of Buildings, City of Salem
Page 3
APR- 8-9 7 T U E 1 0 : 1 0 STRUCTURES N O R T H P _ 0 2
7 �
STAUGUAS
H OATA
CONSULTING
April 8,.1-997 ENGINEERS
Salem Suede, Inc.
72 Flint Street
P.O. Box 708
Salem, MA 01970
Attention: Ms. Beth A. Zion
Reference: Roof Failure
Dear Beth.
On Wednesday, April 3, 1 visited your facility to observe a collapsed roof which was part
of an earlier, single story, 35 foot by 105 foot addition on the east side of your main
building, the failure having occurred the day before during a blizzard.
Original Construction:
I noted that the roof was framed with prefabricated wood "gangnail plated" trusses, spaced
at approximately 4 feet on center and which spanned approximately 35 feet, running in the
east-west direction. The top chords had about a 3.5 in 12 pitch, and the roof trusses were
supported by wood stud bearing wall along the existing building, and combination wood
stud and post and beam bearing wall at the east side of the addition. The sloping, shingled
roof had one layer of plywood sheathing over flat 2x4 purlins which ran continuously over
the top truss chords in the north-south direction.
Failed Condition:
Upon my visit I found that the trusses had violently failed, collapsing the entire roof onto
the large machinery below it in the middle of the space, which along with the remaining
piping, acted to support the deflected structure. I found evidence of failure in most every
type of truss member, including compression failure in the top chords and compression
struts, and tensile connection and member failure in the bottom chords and tension struts.
I also found signs of bending and shear failure in several members where the large
magnitudes of the deformations caused by the sudden downward movement, created
redistribution of stresses, especially in the bottom chords, which in some cases also were
damaged by the impact of the fall.
P.O.Box 8560 • Salem,Massachusetts 01971
(508) 745.6817 • Voice /Fax
FiPR- 8-97 TUE 10 : 11 STRUCTURES NORTH P _ 03
Supplementary bracing members such as compression strut cleats and some bridging
which had been added did not seem to have been the "weak link" in the failure, as these
seemed to all be relatively intact, however deformed by the overall downward movement.
The roof structure and trusses are from a practical standpoint, unsalvageable, however the
supporting walls and, I would assume, foundations, can be repaired and/or strengthened
and re-used. I did note a possible sign of some settlement at the south end of the west
supporting wall and will be examining the flashed joint at the top of the roof to try to
determined the age of the movement, and whether it happened as part of this failure.
On Thursday morning, April 3, 1 noticed that the melting snow was starting to pond at a low
point in the roof, and assisted some of your staff in drilling a few holes in the roof deck to
let the meltwater relieve itself. I also suggested that some temporary jacks be installed to
prevent future settlement of the structure and additional pending.
Al this time the roof remains in its failed position and the space below it remains cordoned
off from the rest of your plant.
Cause and Mode of Failure:
In determining the cause and mode of the roof failure, several facts must be considered:
• The failure occurred in the final hours of a record breaking blizzard. This was
apparently the third greatest in depth in the history of the region, and consisted of
an unusually dense snow because of the seasonal temperatures during which it fell.
• The predominant wind during the blizzard was from the northeast, which would in
theory cause significant drifting to occur at the bases of the north and east sides of
large, tall structures. This would have been the case with your failed roof where the
contiguous wall to the west of it is more than two stories higher.
• In a properly designed truss, all members are designed for their share of the total
truss load to achieve one overall capacity for the truss. A percentage overload on
the truss would typically result in the same percent overload on each component
member, these being over stressed the same amount. If the truss were overloaded
to failure, all of its components of a properly designed truss would theoretically fail
at about the same time. The simultaneous failure of nearly all of the truss'
component members at your facility suggests that the trusses were probably
properly designed, but were failed by excessive external loads.
• Up until the date of the failure, there were apparently no signs of distress during the
More than 20 years since this structure was built. There were no signs of any
significant recent alterations, and no significant hanging equipment loads added to
the trusses.
Page 2
APR- 8-97 TUE 10 : 12 STRUCTURES NORTH P _ 04
• The building code by which the roof was designed probably did not require that the
structure be built to withstand the weight of snow drifts. By its existence and the
successful span of its service life, the roof was essentially "grand fathered" like so
any other roofs of a similar age, and was therefore retroactively accepted by code
according to Article 32 of the Massachusetts State Building Code, Fifth Edition.
• The structure being an inaccessible sloping roof, snow is the only significant,
varying load which will occur on the structural system.
From the above considerations, it is my conclusion that the roof failure was a direct result
of an extremely high snow drift load, caused by extreme and infrequent weather conditions.
Replacement:
We recommend that the lowest point of the roof be temporarily supported by screw jacks
to avoid future pending of water, until it can be replaced.
We recommend replacing the entire roof structure with a similar wood trussed system,
which would, however, be designed for the full drift loads specified by the current code.
Bearing walls, supports and affected foundation elements would be inspected and
reinforced as necessary for the new loads.
I estimate that the cost of the replacement would be in the range of $100,000.00 to
$130,000.00, depending upon the amount of repair or strengthening that the supporting
elements will require.
Per your verbal direction, we will be doing a final inspection once the snow has all melted
and will be starting the redesign immediately thereafter. Please contact me if you have any
questions.
Very TruI Yours,
1. Wathne, PE, President
Structures North Consulting Engineers, Inc.
CC, Leo Tremblay, Inspector of Buildings, City of Salem
Page 3
APPLICATION V ADULT NUMBER I ,1 vial Court of Massachusetts
FOR COMPLAI T JUVENILE E ) ' r �� i-bistrict Court Department
❑ ARREST CA HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within �,�r$St9tii_ tCOt3l2
named defendant, charging said defendant with the offense(s)listed below. w--� W88tllflgtOR$tC88t
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Wa tin Ot• St
NAME OF COMPLAINANT
�,, t�,,, � /^tjQ /'I_ NO. ` OFFENSE G.L. Ch. and Sec
ADDRESS ND ZIP CODE OF COMPLAINANT `t rt /
_. 4 Le7 70.
;<< 2.
NAME,ADDRESS AND ZIP COJDE OF DEFENDANT // r
00 - ,
1 3.
4.
COURT USE A hearing upon this complaint appllcatlOn DATE RING TIMEOFHEARING RT15E
ONLY will be held at the above court address on , 1y� T 1' : � r �1 Y
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CON ROLLED
NO. Owner of property, Goods stolen,what Over or Inder SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
7
2
3
4
OTHER REMARKS:
NO OPC P 4+ P/QV/"
p� �))O')) • y/r.'He< rfio-k'-,P y-5s �S.'v P`' an ]/s� ID) daok
✓f �A -` 15 �/J %ter' 1/�19 rM • ��FcnGP�i �� �lS S 7 �i. plc/ �o PS�O�
PLT On..�n /wS/L • t SIGNATURE O COMFc' PLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT EYES I HAIR
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
ry
C7
O
r
D
Z
D
Z
Tn
O
O
D
DC-CR2(3188)
APPLICATION ADULT UMBEfl I al Court of Massachusetts
FOR COMPLA JUVENILE Istrict Court Department l
❑ ARREST HEARING ❑ SUMMO S WARRANT COURT DIVISION
The within named compl 'nant requests that a complaint issue against the within Salem District Court
named defendant,charging said defendant with the o fense(s) listed below. 65 Washington Street
DA E OF APPLICATION IODATE OF OFFENSE PLACE OF OFFENSE Salem, MA. 01970
a - 1.�` 5� -S�/e %t
NAME OF COMPLAINANT
` , O / f+J�• NO. OFFENSE G.L.Ch. and Sec
ADDRESS ND ZIP CODE OF COMPLAINANT CJ!' G( I n c
I020 Gi/h t'4"-5 for Sj-�'e'e got) 1. ,Jri/piy �rl�n JP
1 14e AA . 0 /9970 3,V (=/ 0,- .,
yy11, /J > iI0 Mcr5 .,5if, j ILO 2.
N//.I•Sn ADDRESS�AND,J�11P CODE OX EN DANT
r PSGrC'g1L �/P ryt .
3.
.R,^7- S7`/Pe
SylLo� �� , 0/97a �O.C ' 1084.
COURT USE I A hearing upon this complaint application DA EOFHEARING TIMEOFHEARING
ONLY will be held at the above court address'on T
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY I:TYPE OF CON ROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
2
3
4
OTHER REMARKS: / �'7
D y�� Gt/k 5 �.'rer. v�rbti 00T%cL //eC e 41 Plael-
0( '��) y/�. f��., if/�t, Fe Cr
i^P�i/L�•�-+� 7,1 %�1ut V�)9-fti. . Ole0 na�y.,�
Or <o ri Pc� �„/.t , /-V 40 ti % vSIGNATURE OFtCOMPLAINANT
DEFENDANT DE TIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX PAC I WEIGHT EYES HAIR
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDENI FATHER'S NAME
;;COURT USE ONLY -L z
DATE DISPOSITION AUTHORIZED BY
NO PROCESS TO ISSUE
❑ At request of complainant
❑ Complainant failed to prosecute
❑ Insufficient evidence having been presented
PROCESS TO ISSUE TYPE OF PROCESS
❑ Sufficient evidence presented ❑ Warrant
❑ Defendant failed to appear ❑ Summons returnable
C
C
❑ Continued to D
COMMENTS GPcavl
1
�u
DC-CR2(3188)
M City of Salem, Massachusetts
Fire Department
48 Lafayette Street
David W Cody Salem, Massachusetts 01970-3695 Fire Prevention
Chief Tel 978-744-1235 Bureau
978-744-6990 Fax 978-745-4646 978-745-7777
dcody@salem.com
September 1, 2009
Thomas St Pierre
Building Inspector
City of Salem
120 Washington Street
Salem MA 01970
Mr. Thomas St Pierre,
The structure located at 72 Flint Street Salem Suede has been determined by Salem Fire
Prevention to present a life safety hazard to our personnel. In its present condition, it has
structural issues causing it to be unstable due to a roof collapse. If safe to do so, only fires
that are caught in the incipient stage, will be extinguished from the interior, otherwise
there be no interior firefighting. Runoff from hose lines and master streams will also
cause an environmental problem with the North River Canal that runs along this property.
This structure is considered unsafe by this department and we urge you to take the
approp ' to actions to remedy the situation.
Signe
David W. Cody
Chief of Depart ent
Cc: Lt Erin Griffin Fire Marshal
Page 1 of 1
Thomas Stpierre
From: David Knowlton
Sent: Thursday, September 03, 2009 7:03 PM
To: Thomas Stpierre
Subject: salem suede
Hi tom, this email is to inform you that I have inspected the salem suede building and it is my opinion that
the building should be demolished.
Thanks
david
David FL Knowlton,P.E.
City Engineer
Ciq,of Salem,Massachusetts
120 Washington Street
Salem,Nassachusetts 02170
V: 978.745.9595
F: 978.745.0349
dknowlton@satem.com
9/8/2009
Page 1 of 1
Thomas Stpierre
From: David Knowlton
Sent: Thursday, September 03, 2009 7:03 PM
To: Thomas Stpierre
Subject: salem suede
Hi tom, this email is to inform you that I have inspected the salem suede building and it is my opinion that
the building should be demolished.
Thanks
david
David H. Knowlton,P.L.
City Engineer
City of Salem,Massachusetts
126 Washington Street
Salenn,1Massachusetts 02170
V: 978.745.9595
F: 978.745.0349
dkiiowltoii@saletn.com
salem.com
9/8/2009
SESD50 Fort Avenue
P.O. Box 989
Salem MA 01970
978-744-4550
Fax: 978-741-0478
a'
May 26, 2010
Mr. Michael F. Geisser, PE, LSP
Alliance Environmental Group, Inc.
100 Jefferson Boulevard
Warwick, RI 02888
SUBJECT: Authorization for Discharge at the Former Salem Suede, Inc. Site—Permit#
042210-02; Addendum 1
Dear Mr. Geisser:
On April 22, 2010, the District issued Alliance Environmental Group, Inc. (Alliance)
authorization to discharge treated wastewater into the sewer system. On May 21, 2010,
Alliance submitted a correspondence (copy attached), in accordance with the conditions
and requirements found in the Authorization, in order to request an extension and establish
a requisite contingency plan.
The District has reviewed Alliance's request for an extension and hereby modifies the
original language of condition four, as found in the Authorization jbr Discharge at the
Former Salem Suede, Inc. Site —Permit # 042210-01, to readers follows:
• This Authorization for Discharge is valid until the close of business on June 18,
2010, unless a written approval for an extension is issued by the District.
All other conditions and requirements set forth in the Authorization for Discharge remain
as stated.
Additionally, the District has reviewed the submitted contingency plan, as found attached to
the above mentioned correspondence dated May 21, 2010. The plan will be used to satisfy
the requiiement outlined in condition two of the Authorization for Discharge.
Please adhere to all of the conditions and requirements of the Authorization for Discharge,
ensuring that they are satisfied at all times during the discharge. The District reserves the
M:AGroundwaterAGroundwaterSites\Salem SuedeAAutherizalion042210edd I.docx
right to revoke the Authorization for Discharge, change conditions or add conditions at any
time depending upon the operation and/or the performance of the treatment system, the
characteristics of the raw wastewater or the wastewater discharged and the permittee's
compliance with all applicable rules and regulations.
If you have any questions regarding this matter, please contact Glen Wilson, Supervisor of
Laboratory and Monitoring at (978) 741-8729, extension 122.
Sincerely yours,
SOUTH ESSEX SEWERAGE DISTRICT
Harold G. Newhall, Executive Director
cc: David H. Knowlton, P.E., Director of Engineering—City of Salem /
Thomas St. Pierre, Building Commissioner—City of Salem ✓
Arthur A. Knight, Jr., P.E., District Engineer
Glen Wilson, Supervisor of Laboratory & Monitoring
M:\Groundwater\GrOrindwaterSitcs\Salem Suede\Autherization042210add I.doex
J
® B Alliance Environmental Grou 1E C E Q W_ E
. One Mifflin Place,Suite 400, Cambridge, M - -6500
too Jefferson Boulevard, Suite zzo, Warwick, 8 - -7100
MAY 2 4 2010
May.21, 2Q10
SOUTH ESSEX SNERAGE
Mr. Glen Wilson Sent Via Fax: 978-740-4634
Laboratory/Monitoring&Enforcement
South Essex Sewerage District(SESD)
50 Fort Ave
Salem, MA .01970-5623
RE: Authorization to Discharge Extension Request Addendum
72 Flint Street
Salem, 111A
AEG Project# 1899
Dear Mr. Wilson:
Alliance Environmental Group, Inc. (AEG)has prepared the following extension request
addendum on behalf of the owner of the above-referenced property (hereinafter, "Site"), Salem
Suede. This addendum has been prepared following SESD comments with respect to the initial
submittal of a May 18, 2010, extension request with appended surcharge contingency plan.
At this point,AEG on behalf of the Site owner respectfully requests an extension of the discharge
authorization to June 30, 2010. Furthermore, AEG has revised the surcharge contingency plan
pursuant to comments, which is attached hereto.
AEG will await your correspondence to this letter before beginning the discharge. In the event
you have any questions,comments,or concerns please do not hesitate to contact the undersigned
at 401-732-7600.
We appreciate your diligence on this project.
Very truly yours,
Alliance Environmental Group,Inc.
Jacob H. Butterworth
Environmental Scientist
Enc. Revised Sewer Surcharge Contingency Plan
'I o Alliance Environmental Group, Inc.
. d
I
Permit Extension Request&Sewer Surcharge Contingency Plan May 2010
72 Flint St.Salem MA AEG ro'ect N 1899
Sewer Surcharge Contingency Plan
Presently, the planned flow rate to the sewer is approximately 10—20 gallons per minute
(gpm)although the discharge flow rate may increase in the event no evidence of backup
is observed. Since wastewater will be pumped through the filtration system the
maximum flow rate is approximately 20 gpm due to the hydraulic limitations of the pump
and filter. Although it would be very unlikely, to avoid any potential surcharge, a trained
individual will be on-Site at all times during which wastewater is being pumped.
Consequently, before the system is started individuals operating the wastewater discharge
equipment shall be trained in this practice and a copy of this procedure shall be posted at
the Site at all times in an area applicable to the wastewater discharge operation. To
ensure consistent training practices, any new individuals shall be trained prior to their
involvement. A training agreement sheet certifying an individual's familiarity with this
subject plan and the procedures to operate the system shall be signed, maintained, and
kept on-Site at all times.
Prior to the beginning of each discharge event, the trained individuals shall inspect all
equipment involved in the work including but not limited to, piping connections, bag
filtration housing, bag filters, and pump equipment for any deficiencies which need
correction. Such inspections shall be conducted before the startup of each event and
logged on a sheet, kept and maintained on-Site. An example, "System Inspection Log"
has been attached hereto.
During the discharge, trained individuals will be responsible for maintaining proper flow
rates and recording such rates daily through documentation of the discharge start, stop,
and total gallons pumped utilizing the treatment system flow meter. An example,
"System Flow Log" has been attached hereto.
Surcharge ConlingenCV Plan Procedure
-Step#1 Train
-Step#25 stem -Step#3S stem I
Individuals y y -St #4 Monitor
Inspection Log Startup and System flow for
System flow Log surcharges
'l ad Alliance Environmental Group, Inc.
l
Permit Extension Request&Sewer Surcharge Contingency Plan May 2010
72 Flint St.Salem MA AEG project k I Quo
The man-way receiving the wastewater shall remain open, properly restricted, and
marked so the trained individuals can visually inspect the flow and identify any signs of
backup. In the event any sign of backup is observed in the sewer line the following
procedure MUST BE PERFORMED IMMDEDIALTY:
1. Flow from the wastewater tanks must be decreased and/or turned off.
2. Flow must be turned off or restricted until the sewer system can recover or an
acceptable rate of discharge has been achieved.
In the event of a surcharee, the system must be turned off immediately and proper
authorities contacted immediately. Individuals involved in the project which must be
contacted include:
Contact Company Telephone Number
Mr. Jacob H. Butterworth,
Environmental Scientist Alliance Environmental Group, Inc. 40I-413-9110
Mr. Michael F. Geisser,PE, LSP 401-265-7597
Senior Professional, Alliance Environmental Group, Inc.
Mr. Roy Amoedo
Verde NA, LLC 508-294-5389
Mr. Robert Oppenheim Regional Industrial Services, Corp.
508-922-3366
Mr. Joseph Caruso
Regional Industrial Services, Corp. 781-983-6598
In the event a surcharge does occur the proper authorities involved in the project will be
contacted as well as the South Essex Sewer District(SESD) at 978-741-8729. In
addition, any other party which may need to be contacted in the event of such process
shall be informed.
'10 Alliance Environmental Group, Inc.
f ,
SYSTEM INSPECTION LOG
DATE TREATMENT SYSTEM PUMPING SYSTEM CORRECTIONS IF YES,EXPLAIN
COMPONENT INSPECTION COMPONENT INSPECTION NEEDED? CORRECTION ACTION
NOTES:
1. PRIOR TO TER?START OF EACH DISCHARGE EVENT A LOG MUST BE MADE
2. EACH SECTION MUST BE DATED AND INITIALED BY THE INSPECTOR
3. ANY CORRECTIONS SHALL BE DETAILED
SYSTEM FLOW LOG
DATE INSPECTOR SYSTEM STARTUP SYSTEM STOP TOTAL GALLONS PUMPED
PLOW READING FLOW READING DURFNGEVENT
NOTES:
1. PRIOR TO THE START OF EACH DISCHARGE EVEN!A LOG MUST BE MADE
2. EACH SECTION MUST BE DATED AND INITIALED BY THE INSPECTOR
w'P rT
CITY OF SALEM, MASSACHUSETTS
` .'� BUILDING DEPARTMENT
1/4 120 WASHINGTON STREET,3 FLOOR
TEL. (978)745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
72 FLINT STREET
January 13,2020
72 Flint Street
Salem Ma 01970
To Whom It May Concern
I am granting a one day extended hour permit for 72 Flint Street to finish concrete
They may work until they get a desired concrete fmish.
M
Stephen Cummings
Local Building Inspector