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11 GLOVER STREET - BUILDING INSPECTION l R Y I 1,11*GLOVER STREET I I 1 Crxs OF 9Ai,S7Di PUELYC IxEAP7A*G Public e City Council tvi'1'1 hold a' Chamber acing in the Council 27, 1970 at 7:00 On p sdaY, August Plication M. on Ile u;p_ for °f Andrew J. Ginkus walla10e et at to extend iihe. sea- - ll,Glovereet at !his property at A1TEST Street. AAUst 15,1970 AUGUSTA ' J. TOolMy,' Aug. 15, 1970. City Clerk QjY#g ofIem, ttstttl�use#t� Pnblir Vrayer#g Bgar#men# 5. 19 . 70 �Rvom 7, (QitU dull Paul A. Carbone , Esq. , 73 Tremont Street , Boston, Mass . 02108 Re-Andrew J. and Cecile T. Ginkus , 11 Glover Street , Salem, Mass . Dear Sir: Your notice dated April 24, with regard to the above , did not al- low sufficient time to advertise and properly process the notice , and the City Engineer and I are of the opinion that there are a number of problems which will require clarification. Since it is now too late to advertise for the hearing under Chapter 130 , Section 27A of the General Laws , we are requesting that the applicant file another notice of intent , in order that it may be properly advertised, and recommend that you notify your clients to this effect . Very truly yours , DJOB: cc LL..J > �i / 1 Copy to : City Engineer City Solicitor. Dept . of Natural Resources 1plu 0Il cee _. PAUL A. CARBONE SUITE 744 73 TREMONT STREET 227-0028 BOSTON. MASSACHUSETTS 02108 April 24, 1970 REGISTERED MAIL RETURN RECEIPT REQUESTED Daniel J. O 'Brien, Jr. Inspector of Buildings City of Salem Room 7, City Hall Salem, Massachusetts RE : Andrew •J, and Cecile T. Ginkus 11 Glover Street Salem, Massachusetts Dear Sir: 1 i In connection with the above property owners who wish to build a seawall, enclosed please find properly completed Notice of Intent, forwarded to you for necessary action. Your early processing of this matter will be very much appreciated. Thank you for your cooperation. . Very truly yours, Paul A. Carbone PAC/dwd . Enclosure COMMONWEALTH OF MASSACHUSETTS DEPAR71CNT OF NATURAL RESOURCES 100 CA;,IBRT..DGE STREET BOSTON 02202 OFFICE OF RI30URCE REVIEW NOTICE OF INTENT 4/23/70 TO; Department of Natural Resources DATE x3;drSr"- O Director of :Marine Fisheries 1. Notice is hereby given in accordance with the provisions of . - Chapter 130, Section 27A , as amended , that the undersigned intends to dredge, fill or remove land which . falls within the jurisdiction of said statute. 2. the proposed work is described in plans and specifications filed herewith and made Dart thereof. (File two sets with the Department of Natural Resources. ) Include a locus. 3. The c3timated completion date is : on or about October 15, 1970. 1- The names and addresses of owners are : NAM/iES ADDRESSES Andrew J. & Cecile T. 11 Glover Street, Salem, Mass. Ginkus 5. The purpose of the project. is : (describe in detail) To build a seawall. 6. I will file identical notices with the : Massachusetts Department of Public Works 100 Nashua Street , Boston 02114 (date 4 /23/70 ) Selectman/Licensing Authority (dated 3 70 ) 7. Subdivision Control Law does/'does not apply (circle) . If applicable, I have/have not final approval ( circle) . 8. If a G.L. Chapter 91 license has been issued, attach a copy. If applied for, indicate date No. 9. Name , Address , Phone Number of: Attorney: Paul A. Carbone, E ;q. , 73 Tremont St. , Boston, Mas; Construction Contractor: JS nreet1, Middcleton;2Mass. 7.74-4262 028 Registered Lan uxveyox : Robert B. Bowman, No. 18887 n sew J. Ginkus - CecileUit&cu5rgnature REGISTERED MAIL ONLY Tele. No. 744-8991 i e 4 r 1.30 § 25 AGRICULTURE AND CONSERVATION stere which were asphyxiated by sill raised Portal Corp. (1969) 245 N.E.2d 759, 194 by dredging. Bay State lobster Co. • Adv.Sh. 449. $ 27A. Removal, filling and dredging of areae bordering on coastal wa- ters; regulation; penalty No person shall remove. Nil or dredge any bank, flat, marsh, meadow or swamp bordering on coastal waters without written notice of his intention to so remove, 1111 or dredge to the board of selectmen in a hewn or un the appropriate licensing all. thority In a city, to the state department „f public works, and to the director of marine fisherles. Said notice shall be sent In registered mail at least thirty days prior to any such removing, filling or dredging The selectmen or, in the case of a city, the lteenSing authority,shall hold a hearing on said prulosal within twenty days _ of the receipt of said notice, notice-of which,bearlog shall-be givgnby.them by.publl-_ T- --cation-tma newspaper publishedIn'sueh town or riry'-W4 there-he no-new Taper-+-- published in such town or city, then In a newspaper published within the county, and shall notify by mail the person intending to do such removing, filling or dredging, the department of public works and the director.44 the time and place of said bear- ing. The cost of such publication of notice sha17 he borne by the person filing the notice of intention to so remove, fill or dredge. The selectmen or licensing authority, as the case may be, may recommend the Installation of such bulkheads, barriers or other protective measures as may protect the public interest and shall transmit forthwith to such person, the director and the department of public works a copy of any such recommendations. If the department of public works finds that such proposed removing, filling or dredging would violate the provisions of sections thirty and thirty A of chapter ninety-one, it shall proceed to enforce the pav visions of said sections. If the area on which the proposed work is to be done contains shellfish or is necessary ba profart marine fisherles, the said director _ may impose such conditions on said prrgrosed wort as he may determine motts- sary to protect such shellfish or marine fisherits, and work sball be done subject thereto. Whoever violates any provision of this stolon shall be punished by a Nur of reit more than one hundred dollars or by imprisonment for not more than six aroeths, or both, and the superior court shall have jurisdiction in equity to restrain a con- tinuing violation of this section. This section shall not affect or regulate the ordinary and usual work of any mosquito control project operating ander chapter two hundred and ffitydwn, nr under the provisions of a special act. Added by St.1963, c. 426. Amended by St.1986, c. 375; St.l"t, c.. 406, 0 1, Y. 1983 Enactment. Approved May 29. Eminent domain and land use platnuaa 1963. St.1963, C. 426. was approved May 22. Julian J. D'Agosithv and Rlchs.rd G W 1963. On May 22, 1963, the Governor made bar. 12 Annual Survey of Mass.Law, 19 an emergency declaration. ton Collega.V. 199 (1945). —1965 Amendment..c St1966. e.4375,_ ape. land use planNns Tidelands and { proved April 27, 1965, modified-flisl para- lends:- Julltn J D'Agostlne and fit, - - graph by providing that hearing be within G. Naber. 12 Annual survey of Mass 20 rather than 10 days after receipt of Boston College, p. 223 (1981). notice: by requiring publication in adds- Taking or regulation of property. PsR- tion to written notices of hearings: and by D. O'Reilly, Jr. 12 Annual Survey of Msas inserting fourth sentence, Law. Boston College, p. 114 (1965) 1969 Amendment. St.1969, C. 406, 9 1, ap- proved June 10, 1969, increased notice peri- Iadez to Notes t od from 14 days to 30 days. Section 2 In- ' aerted "and shall transmit forthwith to Construction and application 2 v,. such person, the director and the depart- Evidence 4 ment of public works a copy ofsay such Legislative power 8 recommendations" at end of fifth sentence. Review 5 Law Review Commentaries Validity 1 70 r i Yss 7 s r a P F r � AGRICULTURE AND CONSERVATION 130 § 37 ` 1. Validity marsh or other findings which were inap- This section permitting director to im- plicable to realities of case and resulted pose such conditions on proposed filling of from trial Judge's finding that defendant marsh bordering on coastal waters as he Intended to dredge channel and basin Into determined to be necessary to protect shell- marsh In connection with marina when, in fish and marine fisheries was valid. Com- fact, channel, basin and marina were Inci- missloner of Natural Resources V. B. Volpe dental to defendant's main ProJect. which & Co. (1965) 206 N.E.2d 666, 349 Masa. was to fill marsh for construction of houses 104. with water rights for boating. Commis- 2. Construction and application sioner of Natural Resources v. S. Volpe & Prohibition against filling marsh was a Co. (1965) 206 N.E.2d.666, 349 Maes. 104. "condition" authorised by this section Evidence sustained(finding that marsh -permitting director to Impose conditions '�which defendant had commenced'ailing was"'r - ""-necessary to protect marine fisheries. a-'saltmarsh"-'necessary`to preserve and' Commissioner of Natural Resources v. S. protect marine fisheries.-'Id. Volpe&Co. (1965) 206 N.E.2d 666,349 Mase. Evidence established that proposed ma. 104. dna was only Incidental'to defendant's 1. Legislative powers main pro)ect, which was to fill ttaarah and Legislature has power to protect and construct houses. Id. preserve fish and game of commonwealth; 5. Review and, to that end, once policy has been de- Whether there had barnsuchdepriva- termined, execution of policy may be dele- tion of practical uses of marshland as to gated to appropriate public officer or board. be equivalent to taking without compensa- t Commissioner of Natural Resources v. S. tion depended upon uses to which marsh. Volpe&Co. (1965) 206 N.E.2d 666,349 Maes. land could be put without violating prohlbl- 104. tion against filling marsh, and failure to 4. Evidence resolve that issue would require reversal Evidence would not sustain finding that of injunctive decree and remand for addi- natu al resources commissioner and marine tlonal findings. Commissioner of Natural fisheries director had not placed absolute Resources Y. 8. Volpe&Co. (1966) 206 N.E. restmint on defendant by Imposing condi- 2d 666, 349 Masa 104. tion prohibiting defendant from filling REGULATION OF FISH WEIRS, NETS, SEINES, TRAWLS AND TRAPS ` i g 31. Destruction or injury to weir,pound net or fish trap Whoever without the consent of the owner takes or uses or wilfully destroys, Injures or molests any weir, pound net, fish trap, seine;set net or°lobster or crab- pot or other fishing gear, or any fish car or other contrivance used for the purpose of storing fish, including any such fishing gear which 18 swept ashore by storm or tide or other natural causes and deposited upon the shore, beaches or fiats, whether public or private, or takes fish therefrom without the consent of the owner, shall ,_be punished. by,a fine, of-not less_than-five„bun_dred nor-.more than.one.thousand dollars or by imprisonment fort two months,; or both. As amended St.1900, c. ' 233. } 460 Amendment. Approved March 21, _ Library references 1960. Increased minimum fine from 1100 Fish <8:x130-3). 14. 1 to 1500, and maximum fine from 1300 to C.J.B. Fish 09 28 et seq.. 35, 38 et seq. $1,000. LOBSTERS, ETC. i § 37. Lobsters and crabs; license; regulations; violations No person, either as principal, agent or employee, shall at any time catch lobsters or edible crabs h1, or take them from, the coastal waters or place..set. 711 t Ir *.CONplyt�y ' m y 01ity of "'Ment, passadjusrtts g96C/MMB��aR PeIjartment of Public parks RALPH W. TEDFORD CITY ENGINEER May 11 , 1970 Mr. Daniel J. O' Brien Jr. Inspector of Buildings City Hall Salem, Mass. Re. Proposed Ginkus wall. Dear Sir: Upon reviewing the Ginkus property, it is my opinion that the land upon which he wishes to build is beyond the limit of the deed as the land existed at the time of the subdivision in 1893. Upon examination of low water this date the proposed work would fall within the deed dimensions, however I would suggest that the owner present proof of his claim to ownershmp and low water mark as of 1893 . the area at present has a substantial sea wall all along this general area and if constrwction were permitted beyond the existing wall it is very possible that other owners in the general area could do the same resulting in uncontrolled filling of the land. Very truly yomrs , City Enginee / nv? ot j Ace d, Jr �4olf a,, ,`-VL A ( Vv 14 go, a i � p I Jjf/ J 1 r l ad' s / Y �G?CY L7��'7j+ i� •'9 f r � - I � ill.•a j Vim!" .,`�tt''• x �P,'f� .y _ � rix J�� c`�o'{, J +n .1. •' fk u y171V _ �..�-r Gr A` .✓c,�rv�r �P-f'✓rc, �• c {J%/�r't/�'^rt�.J�F'`r 1 '-- f 3 PAUL A. CARBONE SUITE 744 73 TREMONT STREET 227-0028 BOSTON, MASSACHUSETTS 02108 April 24, 1970 REGISTERED MAIL RETURN RECEIPT REQUESTED Daniel J. O 'Brien, Jr . Inspector of Buildings City of Salem Room 7, City Hall Salem, Massachusetts RE: Andrew J. and Cecile T. Ginkus 11 Glover Street Salem, Massachusetts Dear Sir: In connection with the above property owners who wish to build a seawall, enclosed please find properly completed Notice of Intent, forwarded to you for necessary action. Your early processing of this matter will be very much appreciated. Thank you for your cooperation. Very truly yours, Paul A. Carbone PAC/dwd Enclosure COMMONWEALTH OF MASSACHUSETTS DEPARTT'r,NT OF NATURAL RESOURCES 100 CAMBRTDGE STREET BOSTON 02202 OFFICE OF R730URCE RECIEW NOTICE OF INTENT 4/23/70 TO : Department of Natural Resources DATE x3%Pr.3/A0 Director of marine Fisheries Notice is hereby given in accordance with the provisions of C.L. Chapter 130, Section 27A , as amended , that the undersigned intends to dredge, fill or remove land which falls within the jurisdiction of said statute. 2. the proposed work is described in plans and specifications filed herewith and made Dart thereof. (File two sets with the Department of Natural P.esources.1 Include a locus. 3. The estimated completion date is : on or about pctober 15, 1970. 1 . The names and addresses of owners are : NAPES ADDRESSES Andrew J. & Cecile T. 11 Glover Street, Salem, Mass. Ginkus 5. The purpose of the project is : (describe in detail) To build a seawall. 6. I will file identical notices with the : Massachusetts Department of Public Works 100 Nashua Street , Boston 02114 (date 4 /23/70 ) Selectman/Licensing Authority (date? 3 70 ) 7. Subdivision Control Law do W- oes not apply (cir'le) . If applicable , I have/have not final approval (circle ) . 8. If a G.L. Chapter 91 license has been issued , attach a copy. If applied for, indicate date No. 9. Name , Address , Phone Number of : Attorney: Paul A. Carbone , E ,q. , 73 Tremont St. , Boston, Mam Construction Contractor : Joph�n Rubchin ck, 121 East 227-0028 �p�g'i'fi?w : Street, Middc�eton, Mass. 774-4262 Registered Land Surveyor : Robert B. Bowman, No. 18887 Andrew J. Ginkus Cecile, t4gnature Lit REGISTERED MAIL ONLY Tele. No. 744-8991 • I (�YNOV - 5 1970 o Paw 011 ced PAUL A. CARBONE SUITE 744 - 73 TREMONT STREET - 227-002e BOSTON, MASSACHUSETTS 02108 October 30, , 1970 REGISTERED MAIL RETURN RECEIPT REQUESTED Hon. Samuel E, Zoll Mayor City Hall Salem, Massachusetts RE: Andrew J. and Cecile T. Ginkus 11 Glover Street Salem, Massachusetts Dear Mayor Zoll ; In compliance with General Laws, the above owner of the indicated property intends to build a seawall at this location. You will please note that under the date of April 24, 1970, a formal notice of intent was forwarded to Mr. Daniel J. O'Brien, Jr. , Salem Inspector of Buildings. You will please comply with the indicated law and hold the necessary hearing in this case, with all costs for newspaper publication to be assumed by this office on behalf of the petitioners . Very truly yours, Paul A. Carbone PAC:nvb t, � ���%CI/1�fI77.PlZf �i�je/YIJ,f,I.//!�G elleOl�G///MCPJ/ �/�aLPii5�7elfi Jncteiteta��/Ju 10D C�wrr��rca�r P J'bwl, 02202 May 26, 1970 Daniel J. O'Brien, Jr. Public Property Department Building Department City Hall Salem, Massachusetts RE: DF-538 Dear Mr. O'Brien: This will acknowledge receipt of a' copy of your letter of May 19, 1970 to Paul A. Carbone, Esquire for Andrew J. and Cecile T. Ginkus. Mr. Alden E. Cousins of my staff has contacted Mr. Carbone concerning the submission of a new Notice of Intent. It is agreeable with Mr. Carbone and the Department of Natural Resources if a hearing is held on the notice now pending before the Dept- artment of Natural Resources. Please contact Mr. Cousins if you have any questions concerning this matter. Very truly yours, GEORGE R. SPRAGUE Director AEC/rd C.C. Paul A. Carbone, Esq. City Engineer City Solicitor Div, of Marine Fisheries -11\1)1) Otv of �SaIem, assarhuse##s •�'� �� �nblit �ru�er#g �e�az#men# �--'��? 7knT�ITn� �E�1FTX#IttEIt# ,Daniel .1j. 0J'7Irirn, Jr., fkipt. 5. 19 - 70 �Roon 7, Title 3iall Paul A. Carbone , Esq. , 73 Tremont Street , Boston, Mass . 02108 Re-Andrew J. and Cecile T. Ginkus , 11 Glover Street , Salem, Mass . Dear Sir: Your notice dated April 24, with regard to the above , did not al- low sufficient time to advertise and properly process the notice , and the City Engineer and I are of the opinion that there are a number of problems which will require clarification. Since it is now too late to advertise for the hearing under Chapter 130 , Section 27A of the General Laws , we are requesting that the applicant file another notice of intent , -in order that it may be properly advertised, and recommend that you notify your clients to this effect . Very truly yours , \ 7 DJOB: cc �o �' i �L J✓1\.,�.i (� Copy to: City Engineer \) City Solicitor Dept . of Natural Resources o Pa w 011 ce! PAUL A. CARBONE SUITE 744 73 TREMONT STREET 227-0020 BOSTON, MASSACHUSETTS 02108 April 24, 1970 REGISTERED MAIL RETURN RECEIPT REQUESTED Daniel J. O 'Brien, Jr. Inspector of Buildings City of Salem Room 7, City Hall Salem, Massachusetts RE: Andrew J. and Cecile T. Ginkus 11 Glover Street Salem, Massachusetts Dear Sir: In connection with the above property owners who wish to build a seawall, enclosed please find properly completed Notice of Intent, forwarded to you for necessary action. Your early processing of this matter will be very much appreciated. Thank you, for your cooperation. Very truly yours, Paul A. Carbone PAC/dwd Enclosure J ' COMMONWEALTH OF MASSACHUSETTS DEPARTA' = OF NATURAL RESOURCES 100 CAMBRTDG6 STREET BOSTON 02202 OFFICE OF R7.30URCE REVIEW NOTICE OF INTENT 4/23/70 T0; Department of Natural Resources DATE x*A33�,-W Director of ;Aarine Fisheries 1. Notice is hereby given in accordance with the provisions of O.L. Chapter 130, Section 27A, as amended, that the undersigned intends to dredge, fill or remove land which falls within the jurisdiction of said statute. 2. the proposed work is described in plans and specifications filed herewith and made Dart thereof. (File two sets with the Department of Natural Resources. ) Include a locus. 3. The estimated completion date is : on or about October 15, 1970. L . The names and addresses of owners are: NA14ES ADDRESSES Andrew J. & Cecile T. 11 Glover Street, Salem, Mass, Ginkus S. The purpose of the project is : (describe in detail) To build a seawall. 6. I will file identical notices with the : Massachusetts Department of Public Works 100 Nashua Street , Boston 02114 ](date 4 -/23/70 ) Selectman/Licensing Authority (date-T 3 70 ) 7. Subdivision Control Law does oes not apply (cir`le) . If applicable , I have/have not fin' pproval (circle) . 8. If a G.L. Chapter 91 license has been issued, attach a copy. If applied for, indicate date No. 9. Name , Address, Phone Number of: Attorney: Paul A. Carbone, E;;q. , 73 Tremont St. , Boston, Mass. Construction Contractor: John121 East 227-0028 ��: Stree? 1N 8512t& Mass. 774-4262 Registered Lan rveyor: Robert B. Bowman, No. 1887 q) Andrew in us k Cecile �Tirt�c gnature REGISTERED MAIL ONLY Tele. No. 744-8991 f1�i# of 'Sallem, M�SttC LtBP##s lnnirl iJ_ (B'�birirx, Jr_, yup}. DECEMBER 4, 1969 �Rnom 7, rllitp Mall Paul A . Carbone, Esq . , 73 Tremont Street , Boston, Massachusetts , 02108 Dear Sir: Re-11 Glover Street , Salem. The property of Mr. Andrew Ginkus , 11 Glover Street , Salem, is located in an R-2 distract, zoned for two-family residences . i The City Zoning Ordinance requires a lot area .of .7-,'000 square feet for each dwelling, with a frontage of 60 feet . The structure must be fifteen feet from the front property line , ten feet on each',.side, with a thirty foot rear yard. Very t 3 yours, DJOB: cc T.nspector� 8uild'angs o PAUL A. CARBONE SUITE 744 73 TREMONT STREET 227-0028 BOSTON, MASSACHUSETTS 02108 November 26, 1969 Daniel J. O 'Brien, Jr. Inspector of Buildings City of Salem Room 7, City Hall Salem, Massachusetts RE: Andrew Ginkus, 11 Glover St. , Salem Dear Sir : In reply to your communication of November 5, 1969, enclosed please find a plot plan of the location in question, which is self-explanatory. An early reply will be very much appreciated. Very truly yours, A Paul A. Carbone PAC/dwd Enclosure Titu ofIEm, ttsttcl�zzse #s Public Propr#g PPpttr#mPn# ass ,Amid (p'PRrien, 7Jr., Supt. November 5, 1969 _ ,lZaaw 7, OtE 3iu11 Paul A. Carbone , Esq. , 73 Tremont Street , Boston, Massachusetts 02108 near Mr. Carbone : Re-Andrew Ginkus, 11 Glover Street , Salem. We are enclosing a copy of a letter which was left in' this office some time ago. We have had no discussion and have not been informed of any proposed changes in this area , other than the proposed retain- wall referred to in the letter. To provide you with the information you requested retarding an existing and proposed structure , it will be necessary to fvrni.sh this department with a plot plan of the location in question showing exist r. ing and proposed structures, lot area , distances to houndary lines, and existing use of the structure or structures. Very truly yours, DJOB:cc Inspector of (u�illdings iJ f eCaw Q��cee PAUL A. CARBONE SUITE 744 73 TREMONT STREET 227-0026 BOSTON. MASSACHUSETTS 02108 October 27, 1969 Mr . Daniel O 'Brien Superintendent Building Department City Hall Salem, Massachusetts Re Re: Andrew Ginkus 11 Glover Street Salem, Massachusetts Dear Mr. O ' Brien: On October 2 last you were very kind to advise Mr. Ginkus that he would have to communicate with the U.S. Army Engineers, as well as the Department of Public Works in the matter of filling his property below the high water mark. In connection with his intentions on his present property, we do want to be reassured that when he does fill in the land as planned, he will be able to obtain a permit from your office to erect a new house, cape-style, on the filled in land. As I understand it, as long as he has 5, 000 square feet for the existing three family house and an additional 5, 000 square feet for the new home, there will be no problem. A verification of the situation will be very much appreciated. Very truly yours, Paul A. Carbone PAC/gs 1L01D, Oli#g of Salem, fflttssuchusetts public Froyalg ptyar#men# pn1+Vml.. /V atnunl jFlnniel �- �'�C3rien� fir., fit. `. 10.2.69 poom 7, CHU Mall Mr. Andrew Ginkus 11 Glover Street Salem, Massachusetts Dear Sir: Ism returning to you an envelope including tracings on linen of a proposed seawall to be erected on your property at this add- real, which was left on my desk this morning. I: do not have any jurisdiction over such installations, and re- far you to the following: . .Division Engineer_ Commonwealth of Massachusetts Permit Section Dept . of Public Works U S Army Engineer Div. N.E. Division of Water Ways 424 Trapelo Road 100 Nashua Street Waltham, Maes., Boston, Masa. 02114 M / Very truly yours, DJOB:cc Inspect of Bui dings n °4-a �— � � `�-�. J 1 11 Glover Street Salem, Massachusetts October 1, 1969 The Building Inspector Salem City Hall Salem, Massachusetts -Dear Sir: I request a permit for the construction of an addition to my seawall. The adjacent property owners are; Estelle Guilmet, and Robert T. and Charlotte Blanche. Very truly yours, Andrew Ginkus Andrew Ginkus 11 Glover Street Salem, Massachusetts ' r The Building Inspector Salem City Hall Salem, Massachusetts Vry