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9 FRANKLIN STREET - BUILDING INSPECTION 9 Franklin St. T 1 i ®`` t .��' � -- cJ �.' o �� c� -' cr � 5' ._ R:�:. ��.� tea.:--�.�- � ,.. u,�:._._ CITY OFSALEM- ' 'I f f r f MONTH DAV VEAP TIME cONrPOL NO. 1 /S to oc )009 LOCATION NAME OF OFFENDER 64;?,-,-,9,n �G G ARESS STAT^ I hereby.acknowledge receipt of the foregoing citation `9 X Date: [ ].Unable to obtain signature.of offender [ADate Mailed h`Z, [ J Posting Advertisements,Notices on City Property SCO 4-2 [ ]Illegal Signs- _ [ ] Violation of State Building Code . SCO 4-39 and 4-47 SCO 12-1 -' [ ]Removal of Unsightly Conditions ¢] Violation of BOCA Nat.FirePremCode SCO 12-56 SCO 20-111 { ]Keeping of Trailers,Comm.and For.Vehicles,etc. A••+ SW 24-21.1 - 0 [ ]Removal of Snow/Ice from Sidewalks ®SCD 38-13 and 38-14 §Ordinance [ ]Other Gibbon: V Signature of Enforcing Person C Department �✓� * Amount of Fine::/ [ ]Warning [ ]$25.00 lk$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 Wednesdayfmm 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. [ ]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,eat.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL GOLDBERG PRO PERT I ES October 14, 2013 To: Rob Cole Ideal Transmission 9 Franklin Street Salem, MA 01970 From: Gerren, LLC Jay Goldberg 7 Rantoul Street Suite 10013 Beverly, MA 01915 RE: 9 Franklin Street Dear Rob, Please see the enclosed letter from the Building Commissioner Tom St. Pierre from the City of Salem. Tom is stating the back area is being used by a repossession company. The owner is not aware of this. Please cease all activity this repo company may have with ideal transmission as you do not have the owner's permission or the city's. Please contact Tom if you have any questions. If I receive any citation fines, I will have to pass them on to you. If you have any questions I can be reached at 978-922-0800. Reg rds, x44W Jay Goldberg Manager/Gerren, LLC Cc: Tom St. Pierre/City of Salem Building Commissioner/Director of Inspectional Services Harbor Place#7 Rantoul Street* Suite100B• Beverly MA,01915 tel: 978-922-0800•fax: 978-922-0833*www.goldbergpropertiesre.com t TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 SALEM,MASSACHUSETTS 01970 WILLIAM J.TINTI tinti@tintilaw.com TELEPHONE WILLIAM B.ARDIFF(1965- 1995) WILLIAM F.QUINN (978)745-8065 • (978)744-2948 MARCIA MULFORD CINI WilliamFQuinn@aol.com OF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D.KEENAN smgrover@tintilaw.com (978)745.3369 OF COUNSEL www.tintilaw.com MARC P.FREY mpfrey@tintilaw.com JONATHAN M.OFILOS jofilos@tintilaw.com July 24, 2012 Salem City Clerk 93 Washington Street Salem, Massachusetts 01970 In re: Jonathan Pitts, et al vs. Rebecca Curren, et al Land Court Docket No. 11MISC 456958-AHS Dear Sir or Madam: With reference to the Zoning Appeal regarding the property located at 9-11 Franklin Street, Salem, Massachusetts, enclosed please find for filing the following documents: 1. Agreement for Judgment annulling the Special Permit granted by the Zoning Board of Appeals; 2. A copy of the Land Court Case Docket showing as the last entry that the Court approved the Agreement for Judgment on March 27, 2012. Very truly yours, William F. Quinn WFQ/dlg Enclosure / cc: City of Salem Building Inspector Jonathan Pitts Leslie Limon COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. LAND COURT DOCKET NO. 11MISC 456958-AHS JONATHAN PITTS, ET AL, PLAINTIFFS V. REBECCA CURREN, ET AL DEFENDANTS AGREEMENT FOR JUDGMENT Now come all parties to the above-captioned action and hereby agree as follows: 1. By decision dated November 30, 2011, the defendant members of the City of Salem Zoning Board of Appeals ('Board") granted a special permit ("Special Permit") relative to the real property located at 9-11 Franklin Street, Salem, Massachusetts to applicants Mardee J. Golberg, Trustee of Gerran Realty Trust II, Jay Golberg d/b/a Gerren Realty Trust and Jermaine Anderson d/b/a Loyal Canines ("Applicants"). 2. The Applicants have determined not to make use of the Special Permit. 3. The Special Permit is hereby annulled and shall have no further force or legal effect. 4. This Agreement for Judgment shall have no impact on the ability of the Board to consider future applications relative to the Property. 5. The individual defendants do not waive such future rights as they may have to apply for similar or other uses of the subject property to the extent allowed by law. 6. Each party is to bear its own attorney's fees and costs. 7. All rights of appeal are hereby waived. 8. The parties' within Agreement for Judgment shall be forthwith entered on the docket in this action. Respectfully submitted, For the Plaintiffs: Defendant Members of City of Salem Zoning Board of Appeals By their Attorney, William F. Quinn Robin Stein BBO NO. 409300 Assistant City Solicitor Tinti, Quinn, Grover& Frey, P.C. BBO. No. 654829 27 Congress Street, Suite 414 City Hall Salem, MA 01970 93 Washington Street 978-745-8065 Salem, MA 01970 Individual Pro Se Defendants: i Jay oldberg Jermaine Anderson d/b/a Gerren Realty Trust c/o Goldberg Properties 7 Rantoul Street, Suite 100B 7 Rantoul Street, Suite 100B Beverly, MA 01915 Beverly, MA 01915 978-922-0800 978-922-0800 M' dee Goldberg, Trustee Gerre Realty Trust II 7 Rantoul Street, Suite 100B Beverly, MA 01915 978-922-0800 Individual Pro Se Defendants: Jay Goldberg 'maine An er on d/b/a Gerren Realty Trust c/o Goldberg Properties 7 Rantoul Street, Suite 100B 7 Rantoul Street, Suite 10013 Beverly, MA 01915 Beverly, MA 01915 978-922-0800 978-922-0800 Mardee Goldberg, Trustee Gerren Realty Trust II 7 Rantoul Street, Suite 100B Beverly, MA 01915 978-922-0800 QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ' P ) 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISGOLL MAYOR TY omm STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMNIISSIONER October 11, 2013 Gerrin Realty Trust C/o Goldberg Property Management 7 Rantoul Street suite 1008 Beverly Ma. 01915 Re: 9 Franklin Street Dear Owners, Once.again ,the yard to the rear of the property is being used by a repossession company. The repo company has some relationship to the Ideal transmission shop. I have mentioned numerous times that any additional space or additional uses on this non-conforming property would require a Special Permit from the zoning Board of Appeals. Since this is an on going problem, I have enclosed a citation. Each day that the repo business uses the property will result in a new violation. If you have any questions,please contact me directly. Thomas Sve e _o Building Commissioner/Director of Inspectional Services QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3mFLOOR TEL. 978 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAs STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Y March 10,2011 Gerren Realty Trust CIO Goldberg Properties 7 Rantoul Street,suite 1008 Beverly Ma. 01915 Dear Owners, This Department has received and investigated a complaint regarding a dumpster and once again the number of registered and unregistered vehicles to the rear of 9 Franklin Street. This issue has been the subject of previous letters as late as July of 2009. To date, you have not appealed the zoning violation to the Zoning Board of Appeals,nor have you addressed the car issue. This means that the zoning violation exists. Zoning violations carry a maximum penalty of $.1,000 per day The area in question(R-2 Zoning) was an overgrown field that was not used for businesses in the front of the building. Workmcn,employed by you,cleared the area and slowly over the last six or seven years has been used increasingly by your tenants.As pointed out in previous letters, expanding a non-conforming use requires a Special Permit from the Zoning Board. The'unregistered vehicles as mentioned in all the previous letters, constitute a violation of City Ordinance 24-21. This Department will begin to fine these vehicles 15 days from the date of this notice.. Each vehicle will be ticketed with each day constituting a new violation. Enclosed is a City Ordinance ticket for the zoning violation. These tickets are $50 for the first offense,$150 for the second and $300 for each subsequent offense.. The dumpster,located out back, violates City Ordinance 24-23 No permits have been issued for this dumpster . This dumpster is also in the area that is in question for the zoning violation.You are directed to remove the dumpster immediately. The City Ordinance tickets can be appealed in District Court. The Zoning Violation, or my interpretation of the Zoning , can only be appealed at the Zoning Board of Appeals. Si cgerrelly Thomas St.Pierrc 8' CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT -- 120 WASHINGTON STREET,3"°FLOOR �4rn TEL. (978) 745-9595 FAx(978) 740-9846 I IMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 1,2009 Gerrin Realty trust 10 Rantoul Street Beverly Ma 01915 R.E Zoning Violation 9 Franklin Street Mr. Goldberg, This office is once again receiving complaints regarding the use of the above mentioned property. There are at least 20 unregistered vehicles that have been added to the rear of the property. This was brought up in letters in 05,06;07,. I have enclosed the copies for your review. As mentioned in my previous letters, your property is located in a R-2 zone and the Commercial uses are Grandfathered. and non-conforming. Any Additional uses or expansion of the non- conformity would need A Special Permit from the Zoning Board of Appeals. (section 8-5 Salem Zoning Ordinance). Additionally,you were notified in my October 06 letter that the storage of unregistered vehicles for more than 15 days is a violation of City Ordinance 24-21. You are directed to cease and desist using the Additional yard area for any purpose unless the appropriate relief is granted by the Zoning Board of Appeals. You are further directed to remove the unregistered vehicles within 15 days of receipt of this notice. You are being ticketed for the zoning violation and after 15 days you will be ticketed for any remaining vehicles,. If you do not understand this order or you feel you are aggrieved by the Zoning Interpretation, your Appeal is to the Salem Zoning Board of Appeals. Thomas St.Pierre C lk� Building Commissioner/Zoning Officer cc. Jason Silva, Councillor Prevey, g CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 IQMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 1,2009 Gerrin Realty trust 10 Rantoul Street Beverly Ma 01915 R.E Zoning Violation 9 Franklin Street Mr. Goldberg, This office is once again receiving complaints regarding the use of the above mentioned property. There are at least 20 unregistered vehicles that have been added to the rear of the property. This was brought up in letters in 05,06;07,. I have enclosed the copies for your review. As mentioned in my previous letters, your property is located in a R-2 zone and the Commercial uses are Grandfathered. and non-conforming. Any Additional uses or expansion of the non- conformity would need A Special Permit from the Zoning Board of Appeals. (section 8-5 Salem Zoning Ordinance). Additionally,you were notified in my October 06 letter that the storage of unregistered vehicles for more than 15 days is a violation of City Ordinance 24-21. You are directed to cease and desist using the Additional yard area for any purpose unless the appropriate relief is granted by the Zoning Board of Appeals. You are further directed to remove the unregistered vehicles within 15 days of receipt of this notice. You are being ticketed for the zoning violation and after 15 days you will be ticketed for any remaining vehicles,. If you do not understand this order or you feel you are aggrieved by the Zoning Interpretation, your Appeal is to the Salem Zoning Board of Appeals. Thoma t.Pierre Building Commissioner/Zoning Officer cc. Jason Silva, Councillor Prevey, Nish Harbor Place 7 Rantoul Street GOLDBERG suite looB Beverly, MA 01915-4822 August 8, 2007 City of Salem Thomas J. St.Pierre Building Commissioner/Zoning Officer 120 Washington Street Salem, MA 01970 Re: 7-9 Franklin Street, Salem Dear Mr. St.Pierre: Let this letter serve as my response to your July 31, 2007 correspondence concerning the above reference property. First, I kindly ask that you forward us copies of your two prior letters. In reviewing our files,.we could not find your indicated correspondences. Late.last week,we sent Mr. D'Alelio of D'Alelio Contracting a letter requesting that they promptly remove all storage of construction materials from the parking lot of this property.. On this date we have sent letters to all Tenant's at our property requesting if they have any knowledge concerning the RV Camper parked in the rear lot that they inform the owner this vehicle must be immediately removed. If not, we will have it towed. We agree with you that any unregistered vehicles and "junk" should not be stored at this site. However, I ask for written veritication that your requests in particular "to stop using areas behind the buildings until such time as zoning relief is obtained" are correct. This property and these lots have been continuously used by commercial tenants for well over 60 years. In particular, Ideal Transmission(primary user of these lots behind the buildings)has been at this site since the 1950's. It is my understanding, these commercial uses pre-date zoning changes and accordingly these on-going uses should be grandfathered. Sincer ,yours , Zlliam= o dberg Tel. (978) 922-0800 Fax: (978) 922-0833 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSEM 01970 TEL:978-745-9595 4 FAX:978-740-9846 July 31,2007 Gerrin Realty Trust C/O Mardee Goldberg 10 Rantoul Street Beverly Ma 01915 R.E Zoning Violation 9 Franklin street Ms. Goldberg, This is the third letter regarding the uses of your property.I sent you a letter on March 8,2005 stating that a Contractor yard was not allowed and that any additional uses would require Zoning Relief from the Zoning Board of appeals. Another letter was sent October 23,2006 regarding storing of unregistered vehicles and the fact that you have increased the use of the property without a Special permit from the Z.B.A.. D,Alelio Contracting has had,outside storage of Construction equipment and other junk for two years. You are directed to remove all unregistered vehicles within 15 days of receipt of this notice. You are also directed to remove the outside storage of any construction equipment and or any other junk in the yard.You are directed to stop using the areas behind the buildings until such time as zoning relief is obtained Failure to comply within 15 days,will result in daily fines and a complaint being filed in Court. As stated in the previous letters, your right to appeal the zoning issue is b Hing an appeal tot e Z.&A Tho as St.Pierre Building Commissioner/ oning Officer cc. Mayor,s office-Jason Silva Zoning Board Members Councillor Prevey CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120`UASI-[ING'1'ON M'REE'1 ♦SALEM,MASSACHLSE'I'I'S 01970 'rr'L:978-745-9595 ♦ FAx:978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 15 Rear Franklin Street Oct.23,2006 Gerrin Realty Trust 10 Rantoul street Beverly Ma.01915 Mardee Goldberg, Trustee Dear Ms. Goldberg The above listed property has been found to be in violation of the following State Codes and/or City Ordinances:24-21 storage of unregistered vehicles and Salem Zoning Ordinance section 8- The storage of unregistered vehicles for more than 15 days is not allowed. Further more as pointed out in my previous letter of March 8`h,2005 any additional uses would require a Special Permit from the Salem Zoning board of Appeals.The storage of vehicles is considered an additional use. Said violations must begin to be corrected, repaired, and/or brought into compliance within 15 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 380. Si cere� ly, omas J. St.Plerre Building Commissioner?Zoning officer CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ,ya 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 March 8, 2005 copy Gerren Realty Trust 10 Rantoul Street Beverly, Ma. 01915. Mardee Goldberg, Trustee RE: 9 Franklin Street Dear Owner: This office has received and investigated complaints that you have added a contractor yard and additional parking to your above- mentioned property. The property is a grandfathered non-conforming property located in an R-2 district. Any changes or additional uses will require a Zoning Board of Appeal —Special Permit. You are directed to cease using the contractor yard and additional yard space, If you wish to file for a Special Permit, applications for the Zoning Board of Appeal are available from this office. Sinn ely, Thomas St. Pierre Zoning Enforcement Officer cc: Kate Sullivan, Mayors Office Councillor Bencal -F-M L . COPY _ row, CERTIFICATE OF OCCUPANCY CITY OF SALEM not 9 gSpetmit* 5/c/ D 45 SALEM, MASSACHUSETTS 01970 Ci Of Salem Building Dept. DATE AUGUST 17 19 95 PERMIT NO, 444!-1395 APPLICANT PREMIER BUILDERS ADDRESS RAILROAD AVE (NO.) (STREET) (CONTRS LICENSE) CITY BEVERLY STATE MAZIPCODE o1915 TELNO. 508-527-3745 PERMITTO ALTERATION ( ) STORY STORES, MERCANTILE NUMBER OF DWELLING UNITS 0 (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT(LOCATION) 0009 FRAhIKL.IN STREET DINING B-1 /R DISTRICT (NO-) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION MAr 26 LOT 0175BLOCK SIZE 1 .. 6.0 ACRF'3 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 RENOVATIONS FOR CARPET/Fi-OORING STORE. OFFICE, SHOWROOM R P?l H. AREA OR VOLUME ESTIMATED COST 5• X00 FERMIT$ `^.�5 0 L7 (CUBICISOUARE FEET) OWNER SCOTT JOSSELIN BUILDING DEPT. ADDRESS--' HARMS Sl BY J. J. J w� JO$ SITE COPY h BUILDING 3 CITY MSALEM PERMIT SALEM,, MASSACHUSETTS 01976, ` J DATE AUGUST 17 19 95 PERMIT NO. 440-1995 APPLICANT PREMIER BUILDERS ADDRESS -RAILROAD AVE (NO.) (STREE) (CONTR'8 LICENSE) CITY ,_ BEVERLY STATE MAZIPCODE 01915 TEL.NQ 508-927-3745 PERMITTO ALTERATION ( ) STORY STORES, MERCANTILE DWEBEROF ITS 0 (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) LLING ZONING E(_.1 F7 AT(LOCATION) 0009 FRANKLIN STREET DISTRICT - (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION MAP 26 LOT--P--'7'BLOCK SIZE 1. 62 ACRES BUILDING IS TO BE FT.WIDE BY FT.LONG BV FT,IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARK& RENOVATIONS FOR CARPET/FLOORING STORE, OFFICE, SHOWROOM & BATH. AREA OR Call for Permit to Occupy PERNK,, VOLUME ESTIMATED COST 5, 000 FEE $ 77). 0171 (CUBIpSOUARE FEET) OWNER SCOTT JOSSELIN BUILDING DEPT. ADDRESS 5 HARRIS ST BY J. J. J 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 THEDEPARTMENTOF 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 ANDTHIS CARD KEPT I 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,! 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 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS �ti,w c9 G� -J y?j 0 K BOARD OF HEALTH GAS INSPECTION APPRO FIRE DEPT.INSPECTING APPROVALS 1 1 OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE FAS MIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. OTED ABOVE. OR WRITTEN NOTIFICATION. flZitt� of lj�ttiem; � ttss�zcljugetts 39nttrd of Appeal \\N - $ c x C - W O rn D Co � C.v DECISION ON THE PETITION OF GERREN REALTY TRUST FOR A VARIANCE AND SPECIAL PERMIT AT'9-11 FRANKLIN STREET;(B-1/R-2J A hearing on this petition was held December 9, 1992 with the following Board Members present: Francis Grealish Jr. , Chairman; George Ahmed, Edward Luzinski, Stephen Touchette and Stephen O'Grady. 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. The Board of Appeal, at the request of the petitioners attorney, Joseph Correnti due to an error in proper notification of abutters, voted unanimously 5-0 to grant leave to withdraw this petition for Variance and Special Permit to allow an automobile service station in this B-1/R-2 district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE June 16, 1993 George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Tits of ttlem; � ttssrzcltuset _ s '3nttra of Appral � DECISION ON THE PETITION OF GERREN_REALTY TRUST FOR A VARIANCE AND SPECIAL PERMIT A%9-11 FRANKLIN STREET;z(B-1/R-2) A hearing on this petition was held July 21, 1992 with the following Board Members present: Francis Grealish Jr. , Chairman; George Ahmed, Edward Luzinski, Stephen Touchette and Stephen O'Grady. 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. The Board of Appeal, at the request of the petitioners Attorney, Joseph Correnti due to an error in proper advertising, voted unanimously 5-0 to grant leave to withdraw this petition for Variance and Special Permit to allow portion of the premises to be used for auto repair in this B-1/R-2 district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE July 21 , 1993 George A. Ahmed, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. No. ��"X� City of Salem Ward i1 .. 104,'f PLJ" bb � ppyI�I •, .� ._l 9 /UY APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-.Applicant to complete all items in sections:1, 11, 111, IV, and IX. I. AT(LOCATION) 9-11 Franklin St. ZONING LOCATION (NO.) (STREET) OF BETWEEN North St. AND BUILDING (CROSS STREET) (CROSS LOTET ) SUBDIVISION Map 26 Parcel. 475 LOT BLOCK SIZE 1 .62 arres 11. TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(ff residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational (rousing units added,it any,in part D, 13) 19 ❑ Chruch,other religious 13 ❑ Two or more family-Enter number 3 ❑ Alteration(See 2 above) of units ...................................................... 20 Industrial . 21 Parking garage 4 ® Repair replacement 14 ❑ Transient hotel,motel,or dormitory- Enter number of units ........................... 22 ❑ Service station,repair garage 5 ❑ Wrecking(//muttAamily rasitlential,enter number 23 ❑ Hospital,institutional of units m building in Part D,13) 15 ❑ Garage 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 26 E] School,library,other educational 7 ❑ Foundation only 17 ❑ Other-Specify 27 E] stores,mercantile B.OWNERSHIP 28 ❑ Tanks,towers 8 ❑ Private(individual,Corporation,nonprofit 29 ❑ Other-Specify institution,etc.) 9 ❑ Public(Federal,State,or local government C.COST (Omit Cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary School,secondary school,college, parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement ......................................................... $ 10,000 00 at industrial plant.If use of existing building is being changed,enterr p oposed use. To be installed but not included in the above cost Office/Showroom/Warehouse- (Past use) a. Electrical........................................................................... b. Plumbing.......................................................................... 2000.00 At this time we have no signed lease with c. Heating,air Conditioning.............................................. 3000-00 wr- any tenants d. Other(elevator,etc.)......................... N/A 11. TOTAL COST OF IMPROVEMENT $ III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL L TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ® Gas 40 ® Public or private company Will there be central air 31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning? 32 ® Structural steel 37 ❑ Electricity 44 ❑ Yes 45 N No 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 Public or private Company 46 ❑ Yes 47 ® No 43 ❑ Private(well,cistern) J.DIMENSIONS 48. Number of stonesM. DEMOLITION OF STRUCTURES: .....I.4QR.....S..C.A.I.].,2.5......... 49. Total square feet of floor area, Approval all floors,based on extenor Has oval from Historical Commission been received dimensions ...............................13_,636„_...._...._.... for any structure over fifty(50)years? Yes_ No_ 50. Total land area,sq.ft...?0...1.56?...................... Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed ................................................-........................... sz. Outdoors......_Sixty_..._(..6..0.)........................... HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? Yes No L.RESIDENTIAL BUILDINGS ONLY Water: NO 53. Enclosed ............................................................................. Electric: No Gas: Yes, just added new service Full Sewer: No 54. Number of bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No X (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? Yes_ No—XL Building has sprinklers Is property located in the S.R.A. district? Yes_ No--X— Comply omComply with Zoning? Yes x No (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No (If yes,submit documentatioMf no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ Nom (If yes,submit documentation) Massachusetts State Contractor License # 035-269 Salem License # Home Improvement Contractor # Homeowners Exempt form (if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: Goldberg Properties If an extension is necessary,please submit in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name II Mailing address-Number,street,city,and state ZIP Code Tel.No. Rantoul T Beverly, MA 01915 22-0800 Owner or Lessee 2. Cnldhprg01915 922-0800 Contractor Builder's License No. 3. Amhhect or Engineer I 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 as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of a ' nt TQC Address App ication ate DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building :2_ l FOR DEPARTMENT USE ONLY Permit number .J Building _ Use Group Permit issued - 19 / — Fire Grading Building Permit Fee $ �// D. Live Loading Certificate of Occupancy $ Approved by: Occupancy Load Drain Tile $ a y Plan Review Fee $ TITLE NOTES AND Data• (For department use) >^.. 0.r ICL L, ooW- S cow � � PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: N r VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use I� W "V q ��' UrzcaruuUe ,< _�' tCaLe r� �1� .J7adcurat :i fo u�raaa.o :.csote carat . sra,zanus // � p✓ J -� � tfichaci S. Dukaius �iidtOaarrrarac Jla� J13usaacara Cdvemor Kentaro Tsutsumt Gf�arara. At .""g 02'os Chairman t6171 -5:00 Charles J. Dineno Administrator MEM0RANDU ,M T0: All Building OcpartmcrimStatc dudding inspectors FROM: Charles J. Dineric. Administrator DATE October 3I. 1988 SUBJECT. MGT. c40 S54Added By x584, S4 nr the Ant of 1987 The above•mentionco statute requires that debns resulting from the demolition, renovation, rcufabilltatba Or other atteratton of a building or structure be disposed of in a property licensed solid waste dlap" facility as defined by MGL tilt 5150A and that budding permits or licenses are to indicate the Ileum of the facility at which the said debris is to be disposed. THIS REQUIREMENT DOES NOT APPLY TO NEW CONSTRUCTION. In order to simplify the process and to provide uniformity, we are attaching a copy of a form which yoo an either reproduce and use as it is since the completed form will be at acued to the office copy of buiid(as perm ct or Recesses: or reproduce it on your letterhead. In rase of municipal.commeictai,industrial,or muiu•unit housing construction.the contractor may tint kaaw the dammer subcontractor at the time of the building permit appiicauon. in such cues, the attached W" of as da»t nes be used 'flue complete law is contained In the November issue df CODEWC)RD which will be mailed to you in this nest two wecin. It you should have any question. please let us know. , CJD/knt ofam, "� s° �u6tic �rnnrrt� �enartmcnt 'Subbing Denarrmcnt ®nc naum ebrtrn 145-4595 Cit. 320 William H. Munroe Director of Pubhc Property Inspector of Huiidinzs Zotung Enforcement Officer in a¢oraance with the provisions of MGL c 40. S 54. a conattion of Budding Permrc Number is that the scans rauumng from thins wark snarl be dtsaosea of to a property ucenara solid waste disposal lacinry as defined by MGL c 111. S 1500. The dcaru will be atsposed of in: Turner Trucking & Salvage Co, Tgnn we,n {taction of Facttttyl Signa re of Permit Applicant Date ® ar`�• ry v LTH c )a f emasko Inc w r _ I E ! is a) O J �I �Jf�f' M d 14 70 Pfe'h) t V i ® cw z2 cc o A A Mr-mL 'IZV O a Lr) I � p�Tt'f �I bt� i - >✓ O CL j ! ' I f , Z 1 Lr) 7 v i1 L 11 h ' �i '- I J , i i>`Xt ` cf4 L�c_R 12.. i`i 5NK- t ^r Cc 1 r�7-�_ — -- -- 1 w 'u v;. Uoor_ _ - -,.�/''.. 0. ^Z- 3oX C-4' ..-Iv'. ;7ChJ - ' Q W .��v, rim I y ��. v, _I Drawing Number �.--.ter �'1....�� = • 1p� I m _ m - _ - - I I 12 Franklin Street 141c31 P% YS ,,filEM Mrs . Sally Byars , 639- 1470 called to ae etKi 9- the deficiencies which are presently on the building , as she is going to purchase same . Upon an inspection aboutsix months aqo , by Capt _ Goggin the building had been cleaned out of all unnecessary combustibles on all floors . Russell (Neptune Wreckintl) was occupying the 'first floor only . The sprinkler system was out of service and in need of much repair . Pipes are rotted , the air compressor was not working and the F . D . Connection was located below the 0 - S . b Y Valve . Advised Ms . Byors that the occupancy of the building for any use above the first floor would require the sprinkler system to be placed back in service and inspected both by a sprinkler technician and the Fire Prevention Bureau . A certificate of inspection would be required from the sprinkler technician . - Electrical defects may exist , per co Qlaint d. ted : 3�8/83 . j Capt . David J . Goggin Salem Fire Marshal i i cc : Building Inspector Electrical Dept . file � f f �� CITY OF SALEM �o u , sl PUBLIC PROPERTY �\�-�°' DEPARTMENT KIMHGRI.F.Y DRISCOLL MAYOR 120 WASHINC'1'ON$'1'aEE'1 * SALEM,MASSACI{USEI"CS 01970 Tei:978-745-9595 ♦ FAx 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 15 Rear Franklin Street Oct.23,2006 Gerrin Realty Trust 10 Rantoul street Beverly Ma.01915 Mardee Goldberg, Trustee Dear Ms. Goldberg The above listed property has been found to be in violation of the following State Codes and/or City Ordinances:24-21 storage of unregistered vehicles and Salem Zoning Ordinance section 8- The storage of unregistered vehicles for more than 15 days is not allowed. Further more as pointed out in my previous letter of March 8`",2005 any additional uses would require a Special Permit from the Salem Zoning board of Appeals.The storage of vehicles is considered an additional use. Said violations must begin to be corrected, repaired, and/or brought into compliance within 15 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 380. Si cere� omas J. St.Pierre Building Commissioner?Zoning officer CITY OF SALEM, MASSACHUSETTS ?� PUBLIC PROPERTY DEPARTMENT o' 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 March 8, 2005 /90%op Gerren Realty Trust 10 Rantoul Street Beverly, Ma. 01915. Mardee Goldberg, Trustee RE: 9 Franklin Street Dear Owner: This office has received and investigated complaints that you have added a contractor yard and additional parking to your above- mentioned property. The property is a grandfathered non-conforming property located in an R-2 district. Any changes or additional uses will require a Zoning Board of Appeal — Special Permit. You are directed to cease using the contractor yard and additional yard space, If you wish to file for a Special Permit, applications for the Zoning Board of Appeal are available from this office. Sin ely, Sin Thomas St. Pierre Zoning Enforcement Officer cc: Kate Sullivan, Mayors Office Councillor Bencal COMPLETESENDER: COMPLETE THIS SECTION ON DELIVEHY ti ComplNte items 1,2,and 3.Also complete A Signature ' Rem 4 if Restricted Delivery is desired. � ❑Agent X ■ Print your name and address on the reverse �`"-� '-72•... ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Datepppf Delivery ■ Attach this card to the back of the mailpiece, /� /or, or on the front if space permits. �U`r r n D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed t : If YES,enter delivery address below: ❑No om SQA1'e'-4 ' • \C-- 3. Service Type �7 ❑certified Mail ❑Express mail- 0 Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2..Aril0e Number (rronster lrtmm service labeo + PS Form 3811,February 2004 Domestic Return Recelpt 102595-02-M-1540 UNITED STATES POSTMARS'EtSEX— S.;� if]. • PY (iles9lva ll'"'"^ '" •Sender:Please print your name,address, and ZIP+Ain This box CITY OF SALEM, MASSACHUSETTS T " BUILDING DEPARTMENT l.•�' wlt� 120 WASHINGTON STREET,3� FLOOR ` TEL.(978) 745-9595 FAx(978)740-9846 KIMBERLEY DRISC OU MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER October 11,2013 Gerrin Realty Trust C/o Goldberg Property Management 7 Rantoul Street suite 1008 Beverly Ma, 01915 Re: 9 Franklin Street Dear Owners, Once again ,the yard to the rear of the property is being used by a repossession company. The repo company has some relationship to the Ideal transmission shop. I have mentioned numerous times that any additional space or additional uses on this non-conforming property would require a Special Permit from the zoning Board of Appeals. Since this is an on going problem,I have enclosed a citation. Each day that the repo business uses the property will result in a new violation. If you have any questions,please contact me directly. Thom /StpgPierre Building Commissioner/Director of Inspectional Services