55 GROVE STREET - BUILDING INSPECTION `j`� �r r o V� �/
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BROWN & BROWN, P.C.
JOHN F. BROWN-(1891-1959) COUNSELLORS-AT-LAW TELEPHONE(781)275-7267
-------- 110 GREAT ROAD TELECOPIER(781)275-6940
NATHANIEL K.BROWN BEDFORD,MASSACHUSETTS 01730
MARKS.RAFFA WEBSITE:www.brown-brown-pc.com
JAMESM.DONOVAN
PAMELA L BROWN+ 7g/— 2-7 5-- 724;7 Email:pbrown@brown-brown-pc.com
AMY E.HUBBARD
ALSO ADMITTED IN NEW HAMPSHIRE
September 18, 2006
Mr. Joseph E. Barbeau, Jr. FILECOPY
Assistant Building Inspector
Public Property Department
120 Washington Street
Salem, MA 01970
RE: RWD Holdings, LLC—55 Grove Street
Dear Mr. Barbeau:
This office represents RWD Holdings, LLC ("RWD") and Mr. Robert W. Donovan. We
are in receipt of a copy of your Cease and Desist order dated August 10, 2006 requesting that Mr.
Donovan remove all trailers and construction materials from the above referenced property.
Your request appears to be based upon the fact that the locus property has been rezoned as part
of the North River Canal Corridor(NRCC) Neighborhood Mixed Use District, which apparently
was established on or about November 22, 2005.
RDW purchased the locus property on May 20, 2003 and since that time has used the
property for storage, including but not limited to construction equipment, materials, two
unregistered motor vehicles, a boat and three storage containers. At the time the storage use was
established, it was allowed by right in the zone in which it was located—then Business Park
Development. As the use of the property did not involve a building of over 10,000 sf of floor
area, the zoning provisions of Section 7-17 special permit with site plan review were not
triggered. As such, a valid storage use was established prior to the date of the first advertisement
of the zoning change and therefore it is grandfathered in accordance with the provisions of
Massachusetts General Laws c. 40A section 6.
In response to the other concerns raised in your letter, we offer the following information.
There has been some work performed on site. Approximately a year ago, Mr. Donovan cut
several trees in the vicinity of the retaining wall. This area was finish graded to level the ground,
however, please know that the site has not been significantly re-graded nor has the topography
been altered more than two feet in any location. Tree stumps in close proximity to the wall were
left in place to avoid challenging the structural integrity of the wall. The closest stump removal
was approximately ten feet from the wall. Therefore, it is our opinion that filing of a drainage
plan is not necessitated. However, Mr. Donovan has retained a civil engineer, Mr. Al Dennis to
review your concerns relative to the site.
DOING BUSINESS IN NEW HAMPSHIRE AS BROWN R'.BROWN COUNSELLORS AT LAW
page 2
Notwithstanding the above, Mr. Donovan acknowledges that the City is making an effort
to create a more aesthetically pleasing and economically viable neighborhood. We further
understand that a neighbor who uses the right of way that crosses the property at 55 Grove Street
would appreciate an upgrade to said right of way to avoid the pooling of water and mud within
the drive. We are willing to work with City officials on a plan for mitigation of this problem as
well as an overall agreement of other limited site improvements that could help to improve the
aesthetics of the neighborhood.
I would be pleased to discuss these issues further with you and/or to visit the site to
discuss potential work on the site upon my return from vacation on September 25`h.
7Vetruly yo r4
Pamela J. Brown
Cc: James M. Donovan, Esq.
Robert W. Donovan
BROWN&BROWN,P.C.COUNSELLORS-AT-LAW
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CITY OF SALEM' PI
SALEM, MASSACHUSETTS
ENGINEERING DEPARTMENT
iso - PnP 120 WASHINGTON STREET, 4TH FLCb
SALEM,MA 01970
Phone: (978) 745-9595 x5673
Kimberley Driscoll Fax: (978) 745-0349
Mayor
DAVID H. KNOWLTON, P.E.
CITY ENGINEER
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December 11, 2008 E 11
Robert Donovan
RWD Holdings, LLC
154 Village Street III' j
Marblehead, MA 01945 l
Re: Notice to Remove Water Discharging from 55 Grove Street onto City Lands
Dear Mr. Donovan:
ail , s • � II
This is the second correspondence prepared by this office to inform you that dischargingl waternl�
from private property to the City's sidewalk and/or street that is causing a public nuisance and
safety hazard is against City regulations. The City's first notice to you is attached for reference. A l
recent inspection of the above referenced property found water being discharged to your neighbor,
57 Grove Street, and ultimately to Grove Street itself. This past week ice has formed on Grove
Street, causing a public safety hazard.
You are to immediately stop creating this problem, per City Ordinance, Sec. 2-11'4'47,
"Maintenance of Street; removal of nuisances, obstructions and encroachments.", if this condition,
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is not rectified by Tuesday, December 16, 2008 legal action will be taken against you. Contaclf me
if you have any questions regarding this notice.
Very truly yours, ! j
David H. Knowlton, P.E. I
City Engineer
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attachment
Cc: Thomas St. Pierre, Director of Inspectional Services
Richard Rennard, Director of Public Services
Paul C. Prevey, Ward 6 Councilor
\\Salemde0l\W aterAdmin\dknowlton\My Documents\miscellaneous\second notice to remove nuisance 55 grove s(12-I I-0&doc
c,oNDlrq,f
_ CITY OF SALEM
SALEM MASSACHUSETTS
ENGINEERING DEPARTMENT
120 WASHINGTON STREET, 4TH FLOOR
��crMINE po�� SALEM,MA 01970
Phone: (978) 745-9595 x5673
Kimberley Driscoll Fax: (978) 745-0349
Mayor
DAVID H. KNOWLTON, P.E.
CITY ENGINEER
May 5, 2008
i1
Robert Donovan
RWD Holdings, LLC
154 Village Street
Marblehead, MA 01945
I.
Re: Notice to Remove Water Discharging from 55 Grove Street onto City Lands
Dear Mr. Donovan:
This correspondence has been prepared to inform you that discharging water from private property
to the City's sidewalk and/or street that is causing a public nuisance and safety hazard is against
City regulations. A recent inspection of the above referenced property found water being
discharged to your neighbor, 57 Grove Street, and ultimately to Grove Street itself.
You are to immediately stop creating this problem, per City Ordinance, Sec. 2-11447,
"Maintenance of Street; removal of nuisances, obstructions and encroachments.", or further action
from the City may be taken against you. Please feel free to contact me should you have any
questions regarding this notice.
Very truly yours,
David H. Knowlton, P.E.
City Engineer
I�
Cc: Thomas St. Pierre, Director of Inspectional Services
Richard Rennard, Director of Public Services
\\Salcmdc0l\WaterAdmin\DKnowlton\My Documents\miscellaneous\notice to remove nuisance,obstruction or encroachment from street 5-5-08.doc