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7 FRANKLIN STREET - BUILDING INSPECTION Waltet Abraham �rb� NOTICE OF CITY ORDINANCE SALEM CITY OF SALEM CITY ORDINANCE Citation: 2009 NurT, 1, Date: Time: 02/02/2015 �)j {� 6 y Location: 7-9 FRANKLIN STREET i Badge Number: ,(� a0„^�:;�` 'ti.�'%MINE Officer: THOMAS ST PIERRE, BUILDING Fine: 02/02/2015 $ 50 . 00 Violation: 10 ZONING ORDINANCE (SZO ) ZONING VIOLATION Payments : Other: $ -50 . 00 Docket : Verdict : TOTAL DUE: 03/23/2015 $ 0 .00 ABATEMENT RECEIPT CITY OF SALEM MA-037-CO-2015-00-2009 CITY OF SALEM PARKING CLERK 03/23/2015 MI sox MILFORD, MA 01757 TOTAL DUE : 0 . 00 (508)473-9660 ABATEMENT INFORMATION 03/23/2015 $50.00 GERREN LLC NO PROBABLE CAUSE 7 RANTOUL STREET BEVERLY,MA 01915-0000 I CITY OF SALEM' MONTH nAY YEAR TIME CONTROL NO. Jan ^'l LOCATION NAME OF OFFENDER ) ADDRESS- ? if�M� STAT ZIP I hereby acknowledge receipt of the foregoing citation X Date: [ ]Unable to obtain signature of offender [.Date Mailed al W f [ I Posting Advertisements,Notices on City Property SCO 4-2 [ ]Illegal Signs I I Violation of State Building Code BCD 4-39 and 4-47 ROD 12-1 [ J Removal of Unsightly Conditions I I Violation of BOCA Nat.Fire Prey.Code SCO 12-56 SCO 20-111 [ ]Keeping of Trailers,Comm.and Rec.Vehicles,etc. SCO 24-21.1 CD I I Removal of Snow/Ice from Sidewalks - CO 38-13 and 38-14 Zoning MIT /1 .`S@e-. AA �d{9�Ns�17_ [ ]Other Citation: �ri�—S r l ! Signature of Enforcing Person// Department1t/ Amount of Fin/e: [ ]Warning [ ]$25.00 JV$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 [ ]Other You have the following alternatives in this matter within 21 days of the date of this notice: [ I choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970.If delivering in hand, please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.t07:00 p.m.and Friday tram 8:00 a.m.to 12:00 p.m. [ I choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970,The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL H31,1I1 3AOW3H'3AIS3HOV 3SOdX3 01 TO EXPOSE ADHESIVE,REMOVE L OdX3 O-L TO EXPOSE ADHESIVE,REMOVE LINER N3NIm 3AOAI3il'3AIS Place Stamp VIOLATION OF NOTICE Here Post Office - will not deliver without stamp O TO OFFENDER: YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER: (1)You may elect to pay,either by appearing in person between Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m. to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m.,legal holidays excluded before:THE CLERK OF THE CITY OF SALEM WITHIN TWENTYONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter, with no resulting criminal process. (2)If you desire to contest this matter in a non-criminal proceeding you may do so by making a written request to the CLERK- MAGISTRATE of the SALEM DISTRICT COURT,65 WASHINGTON STREET,SALEM, MA 41970 fora hearing.A determination by a Judge,Clerk or Assistant Clerk will operatimpose bys a tinal atoiicesispawhhngthetimeerecifie .nal (3)Ifyoufadedanyfine CITY CLERK DEPARTMENT imposed in that officer is paid within the time specified. ill If you fail to Day the imposed tine or to appear as specified,the City of Salem will apply for the issuance of a criminal complaint against you(4)and/or the fine will be levied in a form of a CITY HALL lien against your real property. 93 WASHINGTON STREET CITY OF SALEM SALEM, MA 01970 March 10, 2015 To: Thomas St. Pierre Director of Public Property/Building Commissioner Building Department 120 Washington Street, Yd Floor Salem, MA 01970 From: Gerren LLC /Jay Goldberg, Manager 7 Rantoul Street Suite 100B Beverly, MA 01915 RE: 9-11 Franklin Street Dear Tom, I would like to respond to the complaint and fine you issued on 2/2/15 control no. 2009 for$50 for your statement/complaint of using the property we own as a snow dump and violation of zoning. I respectfully have to disagree with you whole heartedly. Due to the amount of snow we had this winter-over 100+ inches I hired a local company to move snow from the front of our parking lot to the back of our land to open up parking spaces for our Tenants. We have every right to move snow on our property to another location on our property like every other property owner in this state and nation. I am not aware of any party dumping snow on my property by any person or unknown parties. I respectfully request you withdraw this violation which should NOT have been issued. Sincerely, Jay Goldberg Gerren, LLC-Manager t CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT Ir l f� 120 WASHINGTON STREET,3"'FLOOR �F ryh" TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TxoMAs STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CONMSSIONER RECEIVED MAR 0 5 1015 March 2,2015 Gerren, LLC c/o Goldberg Property Management 7 Rantoul Street Beverly Ma. 01915 Re-7-9 Franklin Street Daer Owners, This Department has received and confirmed a complaint that you are using the rear part of your property for a snow dump. You are aware that the property is residentially zoned and the commercial uses are grandfathered. You also have been told by this office that any additional yard areas would need to have a Special Permit before any additional land could be used commercially. You have not done so. You are in violation of Salem Zoning and enclosed,find a citation for the zoning violation. You are further directed to cease using this area for snow dumping or any other commercial use. Failure to do so will result in additional fines and further enforcement actions by the City. If you feel you are aggrieved by this order or my interpretation, your appeal is to the Zoning Board of Appeals. Thomas St.Pierre Building Commissioner/zoning officer CITY OF SALEM, MASSACHUSETTS +ry BUILDINGDEPARTMEh 120 WASHINGTON STREET,3 FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 2,2015 Gerren, LLC c/o Goldberg Property Management 7 Rantoul Street Beverly Ma. 01915 Re-7-9 Franklin Street Daer Owners, This Department has received and confirmed a complaint that you are using the rear part of your property for a snow dump.You are aware that the property is residentially zoned and the commercial uses are grandfathered. You also have been told by this office that any additional yard areas would need to have a Special Permit before any additional land could be used commercially. You have not done so. You are in violation of Salem Zoning and enclosed,find a citation for the zoning violation. You are further directed to cease using this area for snow dumping or any other commercial use. Failure to do so will result in additional fines and further enforcement actions by the City. If you feel you are aggrieved by this order or my interpretation,your appeal is to the Zoning Board of Appeals. Thomas St.Pierre Building Commissioner/zoning officer CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT s 120 WASHINGTON STREET,3R FLOOR \ TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 2,2015 Gerren, LLC c/o Goldberg Property Management 7 Rantoul Street Beverly Ma. 01915 Re-7-9 Franklin Street Daer Owners, This Department has received and confirmed a complaint that you are using the rear part of your property for a snow dump. You are aware that the property is residentially zoned and the commercial uses are grandfathered. You also have been told by this office that any additional yard areas would need to have a Special Permit before any additional land could be used commercially. You have not done so. You are in violation of Salem Zoning and enclosed,find a citation for the zoning violation. You are further directed to cease using this area for snow dumping or any other commercial use. Failure to do so will result in additional fines and further enforcement actions by the City. If you feel you are aggrieved by this order or my interpretation, your appeal is to the Zoning Board of Appeals. 6-� 14<410 Thomas St.Pierre Building Commissioner/zoning officer J .f of —ittlem, � usgtttlTusetts Pottra of �u;rrttl ; 3 DECISION OF THE PETITION OF CONTRACT ENGII} RING INC REQgESTING A VARIANCE FOR THE PROPERTY LOCATED AT'`7--FRANKLIN_S-T-REET� (B-1) A hearing on this petition was held July 17, 1996 with the following Board members present: Gary Barrett, Chairman, Albert Hill, Nina Cohen, Richard Dionne and Joseph Ywuc. This petition was continued to August 21, 1996 with four members present. All were present with the exception of Nina Cohen. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, requests a Variance from density regulations, lot coverage, sideyard setbacks,parking regulations and to allow mixed use of industrial and commercial for the property located at 7 Franklin Street. The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . Joseph Correnti, of Serafini, Serafini & Darling represented the petitioner. 2. Petitioner had previously been granted variances similar to those requester presently in 1994, but those variances lapsed, and the construction plans have been revised. 3. Petitioner submitted plans at the July 17, 1996 hearing which showed the proposed new building running along the property lines of abutting properties located on North Street behind the Merit Gas Station, McCarthy Insurance, and 94 North Street. The proposed setbacks reflected on the June 24, 1996 drawings were minimal (2-4 feet) 4. Tony Lenares, owner of the property at 94 North Street, spoke in opposition to the plans submitted at the June hearing because of the proximity of the proposed building to his property. 5. Sally Hayes, Ward 6 Councillor, spoke in opposition to the petition at the June meeting. 6. Leonard O'Leary, Ward 4 Councillor, spoke in opposition to the petition at the June hearing. 7. Staley McDermet, 30 Dearborn Street, expressed concerns about the proposed building design including the location of the building on the property line, the height of the building, the materials to be used in construction and the treatment of the rear wall facade to be facing North Street. Mr. McDermet expressed his opinion that the building would be better situated on the opposite lot line of the property. 8. Petitioner submitted revised drawings at the continued hearing after meeting with and discussing the abutting property owners. DECISION OF THE PETITION OF CONTRACTING ENGINEERING, INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 FRANKLIN STREET (B-1) page two 9 . The revised drawings dated August 8, 1996 showed the proposed building situated along the lot line of the property known and numbered as Lot 375 at 9 Franklin Street. 10. The setback from the property owned by Mr. Lenares was shown as being 6 feet as well as from property housing the McCarthy Insurance agency and property owned by Claire Clalifour. 11. The revised plans showed 16 on site parking spaces for the property, five fewer than would be required by the Ordinance. 12. Petitioner represented that it intended to address concerns about oo the surface water drainage problems existing on the property by installing catch basins which would connect to stormdrains on Franklin Street. 13 . Petitioner also agreed to construct a six (6) feet stockade fence along the property line of the Merit Station, McCarthy Insurance, and the ,.a Lenares property. 14 . Mr. Lenares appeared at the continued hearing and spoke in favor of the petition indicating that the revised plans addressed his concerns. 15 . Sally Hayes, Ward 6 Councillor, appeared and expressed concerns relative to the drainage on the property. 16. Gerald McCarthy, 92 North Street, spoke in favor of the petition provided that petitioner addressed the surface water drainage problems. 17 . Staley McDermet, while stating that the revised drawings contained dramatic improvements from the previous plans, expressed concerns relative to the design of the backwall facade treatments, and expressed hopes that existing trees on the property line be maintained where possible. 18 . Clair Chalifour, 96 North Street, appeared in opposition to the petition because of the six (6) foot setbacks from her property and because of concerns about drainage problems. 19. The petitioner estimates the creation of eight jobs at the proposed light manufacturing facility once constructed. 20. Petitioner agreed to continue concrete sidewalks and granite curbing along its property on Franklin, Street. 21 . Paul Bourbeau, Jaquith & Semasko, appeared on behalf of the petitioner to describe the changes on the revised drawings. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF THE PETITION OF CONTRACTING c.';GINEERIiCG, INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 FRANKLIN STREET page three On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with ail city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per plans and dimensions which are to be certified, submitted to and approved by the Building Inspector, and the proposed building is to be located as reflected on the revised drawing dated August 8, 1996. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. n 5. A Certificate of Occupancy is to be obtained. � -6. A Certificate of Inspection is to be obtained. v - 7. Petitioner is to obtain approval from any City Board or Commission ti having jurisdiction including but not limited to, the Planning Board. 8. Petitioner shall construct a drainage system to address the surface water drainage problems on the propertv by installing catch basins - and drains which will connect to storm drains on Franklin Street. 9. Petitioner shall construct a six (6) foot stockade fence along the property lines as reflected on the revised drawings dated August 8, 1996 submitted at the hearing. 10. Petitioner shall continue to create sidewalks and granite curbing along its property on Franklin Street. 11. Petitioner shall preserve to the extent possitle existing trees on the property. Variance Granted August 21, 1996 Gary 3arrett, Chairman Board of Appeal i 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 li of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal n N _ _ <T] v 0 (fit" of �ulern, w�ttssttcl�usetts i5nttrb of 4 Jun DECISION ON—THE-REQUEST-FOR AN EXTENSION OF VARIANCES GRANTED TO\7�FRANKLIN_STREET _ Z At a hearing held June 18, 1997, the Board of Appeal voted unanimously, 5-0, to allow a six (6) month extension for Variances granted from density regulations, lot coverage, sideyard setback, parking regulations and to allow mixed use of industrial and commercial for the property located at 7 Franklin Street. Subject variances were originally granted at a hearing held on July 17, 1996. Said extension shall be up to and including January 17, 1998 . A copy of the original decision have been filed with the Planning Board and with the City Clerk. Gary Barrett, Chairman Board of Appeal -i Citp of 6alem, flag!5arbugettg i3ublit 3propertp 3epartment y jBuilbing Mepartment One Salem Oreen (978) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 20, 2001 Ann Elphick 36 West 76TH Street Apt. 4A New York, New York 10023 RE: 7 Franklin Street Dear Ms. Elphick: The Board of Appeals granted the variance to build this building with the condition that a fence be installed in the rear of the property. This fence has not been installed and people are using this as a cut-through to the abutting property. Please follow through with the installation of the fence or the property will be in violation of the condition of the variance. If you do not comply, this department will be forced to take court action. Sincerely, Peter Strout Inspector of Buildings co r CITY OF SALEM9_MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 1 ! c SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR March 22,2002 Anna Elpick 36 West 76"' Street Unit 4 New York,N.Y. 10023 RE: 7 Franklin Street—Salem,Ma. Dear Ms. Elpick: This Department has received complaints about an automotive repair garage being run out of your above-mentioned property. , No permits were pulled for a tenant fit up and upon investigation several violations are present. 1. Automotive repair garages fall into the S-1 "Moderate Hazard" use group. This would require tenant separation wall to be 2 hour rated walls 2. Automotive repair garages must have M.D.C. trap installed to comply with State Plumbing Code 248 CMR, Section 2.0-9 and 314 CMR Section 7. 3. A venting system must be installed to accommodate vehicle exhaust. 4. Fire Department permits must secured for the storage of flammable liquids. Please contact this office within 10 days upon receipt of this letter to discuss these matters and other matters pertaining to the fencing of your property. Sincerely, Thomas St. Pierre Local Building Inspector Business Certificate .} emr=4kk (UP of *stem, Aassacb"etts Ally No DATEFILED SO E '30, 1919 Type: New Expiration Date — � r �� L—/& -Joe3 0 Renewal, no change Number e —/& Y Q Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: rF-ptAp-i C .4 Tio14 S at 7 /moi s - type of business Cc ?-ATEP i�? � Cr}�SinrF'i �✓1 Bizicr�Tc�n(S by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence c1C3�lZi f;+8,P-f2t47 IS t1�l2 ` CGL�7d I�it �?j�N r�¢ °j`r X21 G ✓� ✓�1�i7S� 5 s (�NAM.;2 I�UG, ire�er1�r �r� c Si zna s -- -q�--- 7- --------------------------- ----------------------------------------------------- --- -----<'--- ---=------_.------------------------ ----------------------------------------------------- on-- '33C —14-2-4he above named penon(s) personally appeared before me and made an oath that thcacregoing statement is true. -- -------------- ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5,of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four vears thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring; or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subiect to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 March 9, 1999 Peter Strout, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 7 Franklin Street, Salem Dear Mr. Strout: As you know, Variances for the property at 7 Franklin Street were granted by the. Board.of Appeal at its meeting held on July 17, 1996. The. Variances were ..to. allow" for" the construction of the building which-currently exists ,on the site, and for a mixture of commercial/industrial uses. Asyouknow, pursuant to M.G.L. Chapter 40A and Section 9-5 (d) of the Salem Zoning Ordinance, rights authorized by a Variance shall be exercised within one year or they shall lapse. At a hearing held June 18 , 1997, the Board of Appeal granted Contract Engineering's request for a six (6) month extension to the Variances, as allowed under G.L. Chapter 40A. The Board granted such extension through January 17, 1998. On September 24 , 1997 , Contract Engineering pulled a building permit for the site and, by December of 1997, construction had begun and a substantial portion of the building was erected. Contract Engineering has moved forward in good faith with this project, despite some severe site obstacles and a downturn in their particular industry. Nevertheless, construction was commenced and diligently pursued prior to the expiration of any Variance time frames. : In the past; your office has given the opinion, and I believe correctly, that the . one year time frame to exercise variance rights does not mean ,that a project must be completed within, that time, but rather that ' it must be commenced. ' JOB SITE COPY ' CITY OF SALEM BUILDING AlI SALEM, MASSACHUSETTS 01970 PERMIT �O��nNe W DATE JUNE 15 19 9 PERMIT NO. �PO4�1-].999 APPLICANT ROBERT FABRIZIO ADDRESS 1S MARY ELLEN DRIVE (NO) (STREET) (CONTE S LICENSE) CITY LYNN STATE IYIA ZIP CODE TEL.NO. 781-593-5401 PERMITTO ALTERATION STORY OTHER - NONRESIDENT IA,_NUMBER OF UNITS 1 (TYPE OF IMP OVEMENT) NO. (PROPOSED USE) 01 , FRANKL.INI STREET ZONING AT(LOCATION) DISTRICT 91 (BU) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION MAP c:6 Lor 3746LOCK LSIZE OT 17097 SG? FT BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: BUILD 2 IDAIRTITIONI WALLS OF EXISTING CEII._ING & WALL. P. S. AREA OR PERMIT cc VOLUME (CUBIGSOUARE FEET) $ESTIMATED COST$ 50 FEE 21171.E 00 OWNER CONTRACT ENIGINEERING BUILDING DEPT. ADDRESS 123 PARK STREET BY P. S. 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. ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL 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 I BUILDING INSPECTION APPROVALS ■_ PLUMBING INSPECTION APPROVALS 'pp ELECTRICAL INSPECTION APPROVALS 1 J ._ 14. �� u on wrt,ola;ion of wc r_ K, ptc s� at TJl _ 1 vIJ 5 Ext. 3$5 J 2 2 / (f� BOARD OF HEALTH GAS INSPECTION APPROVALS FIR DEPT.INSPECTING APPROVALS 1 1 OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION. Peter Strout, Building Inspector City of Salem March 9, 1999 Page Two I believe that is the case with Contract Engineering. Since substantial construction was commenced within the appropriate time frame, the variances have not lapsed, but rather remain in effect. Thank you for your attention to this matter. Very ^truly yours Joseg C. Correnti JCC:dd cc: Mr. John Galui of $Ulem, '-ussadjusetts Paura of c'�ufrenl SEP 1 8 27 Ah '94 CITY 0- SALEH� MASS DECISION ON THE PETITION OF CONTRACT ENGINEERING CLERK'S OFFICF FOR VARIANCES AT 7 FRANKLIN STREET. (B-1) A hearing on this petition was held August 17, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Associate Member Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting variances from use, density, setbacks and parking to allow existing structures to be demolished and to construct a new building to be used for light manufacturing. The property which is located in the B-1 district is currently owned by the National Grand Bank. The petitioners are under a Purchase and Sale Agreement. The Variances which have been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. The existing structures are vacant and dilapidated. 2. The petitioner proposes to demolish the existing structures and replace with a new structure. 3. The petitioner conducts a light manufacturing business involving the precision crafting of machine parts for the semi-conductor industry. 4. The petitioner is currently operating the business in Beverly. 5. There is currently six (6) employees, all would have on site parking. 6. Petitioner receives inventory shipments approximately once a month and customer deliveries involve small packages requiring the use of a pick up truck. r DECISION ON THE PETITION OF CONTRACT ENGINEERING, INC. FOR VARIANCES AT 7 FRANKLIN STREET. , SALEM page two cc ANA 7. The lot is narrow making it difficult to place the builditY Panld cY NA the required number of parking spaces. CITY OF CALEP, HASS CLERK15OFFICE 8. The petitioner proposes to use essentially the same footprint as t e existing buildings on the lot. 9. The proposed use is less intense than previous uses and fits with the other commercial and industrial uses in the area. 10. The Ward 6 Councillor, Sally Hayes, and the Ward 4 Councillor, Leonard O'Leary spoke in favor. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances requested, subject to the following conditions: 1. 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 with the exception that the front of the building be no closer to the lot line than shown on the plans. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. A building permit is to be obtained prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 7. Any drainage problems will be addressed, especially with respect to the abutter at 96 North St. 8. The petitioner shall install sidewalks in front of its premises in conjunction with the Planning Department and consistent with he improvements of the abutter, iwierit Oil Corp. DECISION ON THE PETITION OF CONTRACT ENGINEERING, INC. FOR VARIANCES AT 7 FRANKLIN ST. , SALEM page three Variances Granted August 17, 1994 SEP 27 P/ L -4kx&4 o, M ASS j Stephen C. Touchetfe4-Zh'a1rmarCF Board of Appeal 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal �:a �Ittmtiz�� �3uar� Qlifq fall �ai�+,,.Sflas.arliu:rn$ mnzn =n NOTICE TO BE ATTACHED TO �^ FORM "A"APPLICATIONS See Form "A" applications for _ complete instructions for filing. All insertions shall be typewritten -s _ or printed neatly in ink. Date: — ti City Clerk Salem, Massachusetts 01970 Dear Sir: I hand you herewith two copies of Form A, an application submitted by me this day to the Plan- ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with said application that Planning Board approval under the Subdivision Control Rules and Regulations is not required. The land shown on the accompanying plan is located at -----y _L-- -------------—------ -------------— ------------ in Ward fa:IncE-2------- (insert street and street numbers here) rr Signature of Owner '--- f�=---_ter -- v`-�---/---- •------�---- -------- Street Address ....%17- ---- l------ City/Town&State -------------..--....------------ ------ Telephone -- Number af- '-iy-----''� - - - - 4Cil IT5OiiC_ l@nr a1rm barn _ T _ T w m Cr VSs. Josephine Fusco v City Clerk _ City Hall Salem, SLA 01970 c Dear Ms. Fusco: At a regularly scheduled meeticc __ z%e Sal_ Board 'relc on February 1, 1990 it was votc-c to =ndorsz -_-rovai Under Sub- division Control Law Not Recuired" on t.._ fo1'_owinc described plan: 1. Applicant: Claire Chalifour C/0 Attorney James Decoulas 248 Andover Street Peabody, MA 01960 2. Location and Description - Lot B Franklin and Foster Street (7 Franklin Street) �"Et Deed of property records in Essex South District Registry. UT r Sincerely, Walter Power III �'y ✓� v >�� Chairman � /sm Cite Pau FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL In accordance with provisions of Section II-B, the applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be attached to two copies of this Form A application. ry The notice and both copies of the application must be "date stamped" by the City Clerk and then one copy of this Form A, with the Plan, filed with the Planning Board by the applicant. All notices and applications shall be typewritten or neatly printed in ink. (—t Salem, Mass., � ----------- ToTo the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Salem does not constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and state specific reasons) ----------_---_- -_•----------------------------------- ---------------------------•----_------ .--------- — - - - ----------------------------— --- - ---_�.—._ - -------------------•----•----- ----------------•------ -------------------------------------.--------- -------------- and herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Owner ( _----------------------------------------- ------------- Address ------ ---•-•------Address ------ 1'-:Tn----------.......---•-_---- 2. Name of Engineer or Survemr _ Ld> i_ _� _ " t_ `:< ctc__1Ps--- nti=..__�3 �-- =- -- C Address ----- C li t4� a- -- - - - 3. Deed of property records in __ ------------ Registry Book --------------•-•------------------ .. Page .. --- --__ -------_-------- 4. Location and Description of lProperty: .:1:^�: - ------• -------------•------------ ---------._.. -- - - — -------------•--- f - l - lc_�.....;T----•-------------_- ------------------------------ -------- -------------•-`---•----•-----•------------------ -------------------_-------------•_---- --------------------------------••------ ------ - ----------•-----..-------------------------••------••------------.----•------------••----------------------------------------------- ------------ ------------------------••-----_-------------------- ---------- .., --------------------- ----_----------- -------------------- -----•------ ---------- -----------------------—---------------------------------- -------- ------------------------------------ ------- 5. ----_5. All streets and abutting lot lines shall be shown on the Plan together with the names of a Owners of the abutting lots. 1/ Cy� ff // �J � • f Signature of Owner-- ------ - Address--------_LVlf--- P,. S .-_-- __. off,-- -• . Cil9(+0 Telephone Number ------ = ------aZ:q--- ------------------- I a se.aN �so,� Foss T ASSESSORS MAP 26 , PARCEL 374 i sy Iron Rod Found L O C U S M A P N. o N N L' GERREN FEALTY TRUST U) S 40' 42' 37 E SB Fnd 56. 67 18.36 252.25 128 ' (Deed) 3 JEFFERS6N BRONZE w _I C I — EXISTING I STORY m GARLAND REALTY o N - AA o LOT I�9 I �/z STORY o TRUST LOT �' 'too N . J . DECOULOS l , l9l +S •� coo l 7, 097*SF BUILDING rrnn MM TRUSTEE co V/ �L z 3 APPROVAL UNDER SUBDIVISION Bk. 6552, Pg.403, 3rd Parcel � _ It CONTROL LAW NOT REQUIRED 193 ' (Deed) 19.25 33. 00 SALEM PLANNING BOARD N 38' 52 ' 14' W i N 406225 5' W 3 97.50 IF e w w g a $ f N 39' 13 ' 22 W O — CONC. BLOCK 68 GARAGE — .00 v, 7 I � I ` IL N 43' 58 ' 14' W Z H Z m 1 _ o z CLAIRE D . CHALIFOUR ANTONIO co LENARES GERALD T MERIT OIL COMPANY (Y McCARTHYIL u- CHA I RMAN DATE LOT B IS PRESENTLY OWNED BY JEFFERSON BRONZE, SHALL BE CONVEYED TO THE PRE- SENT OWNER OF THE LOT ENTITLED GARLAND REALTY TRUST, N. J. DECOULOS TRUSTEE, TO BECOME ONE LOT OF LAND NORTH'5 � SUBDIVISION PLAN OF LAND L OCA TED IN I HEREBY CERTIFY THIS PLAN C S A L EM q 1 V I A CONFORMS TO THE RULES AND REGULATIONS OF THE PREPARED BY FOR REGISTRY USE ONLY REGISTERS of DEEDS of THE COMMON- r , xTj EASTERN LAND SURVEY ASSOCIATES , INC . WEALTH of MASSACHUSETTS . CHRISTOPHER R. MELLO P. L . S. 40 LOWELL ST . PEABODY , MASS . ` SCALE = I " = 20 ' JANUARY 9 1990 STEVEN BUTTERWORTH S. 1 . T. � �;�.. PREPARED FOR DEED REFERENCE ] BOOK 6814, PAGE 80 JEFFERSON BRONZE CO X , O 10 20 40 60 80 F 8123 T I1 7', ;J ARB ENVIRONMENTAL ASSOCIATES Elaine Bleau-Richards,LSP,CHMM _ President July 30, 2002 Chief Municipal Officer Salem City Hall 93 Washington Street Salem, Massachusetts 01970 This communication serves to inform you regarding the submittal, by the owner of the property located 7 Franklin treet Salem, Massachusetts, of a Downgradient Property Status Opinion regarding said property to the Massachusetts Department of Environmental Protection (DEP). Please find, enclosed, a copy of said Opinion. As noted on page 3, which lists the supporting documentation, a copy of this documentation can be obtained from DEP's Northeast Regional Office at 205A Lowell Street in Wilmington, Massachusetts 01887 (telephone number 978-661-7600). Yours truly, Elaine Bleau-Richards, LSP THE STRFETW ISE CONSULTANTS J . ARB ENVIRONMENTAL ASSOCIATES July 28, 2002 Elaine BleairRichards,LSP.CHMM Preside"I MADEP - Northeast Regional Office Re: SALEM Data Entry 7 Franklin Street 205A Lowell Street RTN 3-21631 Wilmington, Massachusetts 01887 DOWNGRADIENT PROPERTY STATUS OPINION Dear Sr./Ms.: ARB Environmental Associates, Inc. (ARBE) is submitting, to the Massachusetts Department of Environmental Protection (DEP) and on behalf of Ms. Ann Elphick of New York City, a Downgradient Property Submittal (DPS) for the property located at 7 Franklin Street, Salem, Massachusetts. This DPS submittal follows ARBE's March 28, 2002 letter to the Department, a letter that accompanied a Release Notification Form for the property and which also stated that additional information would be submitted to the Department following the performance of additional subsurface work at the Franklin Street location. (A copy of ARBE's March 28, 2002 letter is enclosed as Attachment 1 .) The results of the additional subsurface work performed at the site is detailed in ARBE's May 20, 2002 Report on Groundwater Sampling and Analysis Operations Performed Relative to 7 Franklin Street, Salem, Massachusetts (a copy of which is appended as Attachment 2). With respect to groundwater collected from the three groundwater monitoring wells at the subject property, analytical results again revealed the presence of petroleum hydrocarbons exceeding the applicable reportable concentration in groundwater collected from the monitoring well nearest the abutting property to the west/southwest (a DEP disposal site for which a Response Action Outcome Statement was submitted to the Department). Specifically, 6.550 mg/L C9-C10 Aromatic Hydrocarbons (a concentration that closely approximates the 6.6 mg/L concentration of said compound that was detected in February 2000) was detected in monitoring well (MW) B-3. Following the subsurface work performed, a topographical survey of the three monitoring wells at the subject property was conducted by North Shore Survey Corporation of Salem, Massachusetts. Utilizing the groundwater monitoring measurements shown in Attachment 2, and the survey results, the general regional flow of groundwater is from the rear toward the front of the 7 Franklin Street property and on toward the North River to the south. This result is consistent with the determination of a southeasterly direction of groundwater flow from a ove-noted DEP disposal site (which abuts 7 Franklin Street to the west/southwest), as described in Lincoln Environments , Inc.'s October 20, 1998 Phase II Comprehensive Site Assessment and Response Action Outcome Report (for) Merit Gasoline Station (at) 90 THE S1EICONSULTANTS North Street, Salem, Massachusetts (MADEP Site Number 3-3613). Summary results of the well gauging and the survey are as follows: Well elevation Depth to GW GW Elevation (feet) (feet) (feet) B-1 10.00 6.66 3.3 B-2 11.32 3.96 7.5 B-3 10.60 6.90 3.7 It appears that, through dispersion and hydraulic means, a component of the groundwater flow from the abutting site impacts the subject property at MW B-3. Moreover. and in addition to the C9-C10 Aromatic Hydrocarbon chain, other discrete contaminants that were detected in MW-3 lalbeit below the applicable reportable concentrations) very closely correlate with contaminants that were noted in the report prepared by Lincoln Environmental, Inc. (and which include ethylbenzene, toluene xylene, ,1 .2-dichlorobenzene, and 1 ,4-dichlorobenzenPJ• Also, and in order to rule out the existence of an Imminent Hazard at the 7 Franklin Street property, which is used for commercial purposes, indoor air sampling was conducted thereat. On July 1 , 2002, a SUMMA canister was employed to obtain a grab sample from the stairwell that leads to both the basement (which was locked) and the second story in the front portion of the building. The sample was obtained in the lower portion of the stairwell and next to a grate that lay over exposed soil and what appeared to be sewerage pipes. The results of the air analysis, which was conducted via EPA T014A for BTEX and other gasoline-related components, revealed concentrations that are well below the published Limits for Air Contaminants, as provided in OSHA Occupational Safety and Health Standards - CFR 1910.1000, Table Z-1 Limits for Air Contaminants and 1910.1000, Table Z-2, which show Permissible Exposure Limits (PELs). The results of the air analysis is included as Appendix 1. In summary, documentation. is provided showing that the property at 7 Franklin Street has been impacted by gasoline-related compounds. This contamination appears to be the remainder of contamination previously identified at the abutting DEP disposal site. The groundwater flow regime provides an indication in this direction and also, based on historical research, gasoline compounds have not been utilized at the subi ect property. Yours truly, Elaine Bleau-Richards, LSP SUPPORTING DOCUMENTATION FIGURES Figure 1 - USGS Topographic Map Figure 2 - Assessor's Plot Plan (showing DPS property and claimed disposal site) Figure 3 - MADEP-BWSC Site Scoring Map Figure 4 - Surface and Groundwater Elevations Figure 5 - Estimated Disposal Area ATTACHMENTS Attachment 1 - March 28, 2002 Letter to DEP Attachment 2 - Report on Groundwater Sampling and Analysis Operations (appended as a separate report) APPENDIX Appendix 1 - Air Analytical Report NOTE: Copies of the above-noted supporting documentation can be obtained at the Massachusetts Department of Environmental Protection's Northeast Regional Office in Wilmington, Massachusetts.