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207 HIGHLAND AVENUE - PHASE II - BUILDING INSPECTION e�� G� Goldman Environmental 60 Brooks Drive 781-356-9140 Consultants, Inc. Braintree, MA 02184 Fax 781-356-9147 www.goldmanenvironmental.com IIIIIIIIII�II I) II March 9, 2005 Zoning Board of Appeals c/o Planning Dept. City of Salem City Hall Annex, 120 Washington St. Salem, MA 01970 Transmittal via certified mail (certificate no. 70033110000257763874 ) Re: Partial Termination of a Notice of Activity and Use Limitation Behind 207 Highland Avenue (Lot 8 of 4 First Street) Salem, MA Part of MADEP RTN 3-12517 Dear Sir or Madam, Pursuant to the Massachusetts Contingency Plan(3 10 CMR 40.1403(7)(a),you are being provided with a copy of a Partial Termination(PT) of an Activity and Use Limitation (AUL) on the above Tier II disposal site, known as the Hillcrest Chevrolet. The original Notice of Activity and Use Limitation was registered with the Essex South County Registry District on November 5, 1999. The property subject to the original Notice of Activity and Use Limitation is identified as Lot 5 on Land Court Plan No. 21246D. Subsequent to that time, Lot 5 was subdivided into two portions, which are identified as Lots 8 and 10 on Land Court Plan 21246E. The smaller Lot 8 was bought by Ridgeside Realty LLC. This PT applies only to Lot 8,because it is located outside the area impacted by the release near the Hillcrest Chevrolet building and subject to the original AUL. If you have any questions,please feel free to contact Rich Murphy at John M. Corcoran and Company, 100 Grandview Road, Suite 203, Braintree,MA 02184 at 781- 849-7111. Sincerely, Goldman Envirowental Consultants, Inc. iVU l . Butcher, L.S.P. #9185 peratVions Attachment: Partial Termination of Activity and Use Limitation cc: Ridgeside Realty LLC, c/o John M. Corcoran and Company Northeast Regional Office, Massachusetts Department of Environmental Protection DOCUMENT NO. 40.1-00 �//I� ��Of72/72P/?,LU�LIhL/"l/ o vdZILcS-C� �eE� cft2te �[[�Cc; �ostoiz; ;11as�c�c%�settr 09/�� William Francis Galvin Secretary of the Conunonwealth January 31, 2005 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by RIDGESIDE REALTY LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on March 19, 2003. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JOHN M. CORCORAN & CO. LLC I further certify, the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: JOHN M. CORCORAN & CO. LLC, LAWRENCE J. MURPHY The names of all persons authorized to act with respect to real property listed in the most recent filing are: JOHN M. CORCORAN & CO. LLC, LAWRENCE J. MURPHY fl ss�t�\ In testimony of which gyp}. , I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth 4IIIIIIIIIIIIII(766IIIIIIIIIIBt h:184509 Southern Essex District Registry 3/4/2005 09:27 RM PRUC Forrn 10838, Form 1083B 310 CMR 40.1099 PARTIAL TERMINATION OF NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E,§ 6 and 310 CMR 40.0000 Disposal Site Name: Hillcrest Chevrolet DEP Release Tracking No.(s) 3-12517 IQ WHEREAS,a Notice of Activity and Use Limitation has been recorded with the County (1 Registry of Deeds in Book Page , and/or registered with the Land Registration Office of the Essex .%, South County Registry District as Document No. 363833 (said Notice ofActivity and Use Limitation and any h amendments thereto are collectively referred to herein as "Notice"); i WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations kaffecting certain land situated in Salem (Town/City), Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto a and made a part hereof(Property"); WHEREAS, said limitations are consistent with the terms of an Activity and Use Limitation �p Opinion ('AUL Opinion") dated August 19. 1998, signed and sealed by Daniel G. Jaffe, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals,pursuant to M.G.L. c. 21A, �i §§ 19 through 19J (the holder being referred to as "LSP") attached to said Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to maintain at the Property a condition of No Significant Risk (said conditions and terms being defined in 310 CMR 40.0000); and s WHEREAS,the undersigned, Samuel W. Butcher,being an LSP,has issued an AUL Opinion in accordance with the MCP,dated February 3,2005, a copy of which is attached hereto as Exhibit B and made a parthereof. Said AUL Opinion states that the limitations on activities and uses, conditions and obligations set forth in said Notice are no longer necessary to maintain a condition of No Significant Risk to health, safety,public welfare or the environment at a parcel that was formerly a portion of said Property, said portion being more particularly bounded and described in Exhibit C, attached hereto and made a part hereof, and being shown as Lot 8 on Land Court Plan No 21246E(`Former Portion of the Property"), and accordingly, said Notice may be terminated as to said Former Portion of the Property; NOW, THEREFORE,as the limitations on activities and uses, conditions and obligations set forth in said Notice are no longer necessary to meet the requirements of 310 CMR 40.0000 as to said Former Portion of the Property,the undersigned,Ridgeside Realty LLC,of Braintree(Town/City),Norfolk County, Massachusetts(State),being the owner of said Former Portion of Property hereby terminates said Notice as to said Former Portion of the Property. Ridgeside Realty (Owner) authorizes and consents to the filing and recordation and/or registration of this Partial Termination of Notice of Activity and Use Limitation, said PartialTermination to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. 451597 3/4/2005 9:27 00 pf, lotR 9i,try 10/29/99 310 CMR - 1720.1 Form 10838310 CMR 40.1099 WITNESS the execution hereof under seal this �day of February, 2 Lawre e urp Treasure n ut orized Signatory, Ridgeside Realty LLC COMMONWEALTH OF MASSACHUSETTS ss 2--,5 , zoos Then personally appeared the above named c-s J<ar: TA,, ,zlv-/ and acknowledged the foregoing to be his free act and deed before me, Not .- Public: My�oa7mission Expires: ��/ The undersigned LSP hereby certifies that he executed the AUL Opinion dated February 3,2005, filed with DEP at its Northeast Regional Office under Release Tracking No.(s)3-12517 , attached hereto as Exhibit B and made a part hereof, and that this Partial Termination of Notice of Activity and Use Limitation is consistent with said AUL Opinion. Date: 1. r u BUT-!-;Fri y COMMONWEALTH OF MASSACHUSETTS 2005 Then personally appeared the above named J'.N • �W. j� f and acknowledged the foregoing to be his free act and deed before me, /NotaryPublic:fvl r-w//1,, Wyk My Commission Expires: Jr?,O�L.M�BEgN /t- Upon recording, return to: ;C40 Ridgeside Realty LLC c/o John M. Corcoran and Company 100 Grandview Road, Suite 203 gAr pue`�G� iii �� 10/29/99 310 CMR- 1720.2 451597 (Page 3 of 111 ist rY Southern Essez Dis tr 1PRL4C 31412005 9:27:00 AM Exhibit A Metes and Bounds Description of Land Subject to Original Notice of Activity and Use Limitation A certain parcel of land in Salem in the County of Essex and Commonwealth of Massachusetts bounded and described as follows: Northwesterly by the southeasterly line of Highland Avenue three hundred nine and 09/100 (309.09) feet; Northeasterly by lot 3, shown as a Way, as shown on plan hereinafter mentioned, four hundred fifty (450) feet; Southerly by lot 6, as shown on said plan, three hundred twenty five and 38/100 (325.38) feet; and Southwesterly by land now or formerly of Donald S. Emmerton et al three hundred forty two and 85/100 (342.85) feet. All of said boundaries are described by the Court to be located as shown upon plan numbered 21246-D, drawn by Essex Survey Service, Inc., Surveyor, dated June 8, 1978, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 53275 in said Registry, and the above described land is shown as lot 5 on the last mentioned plan. 451597 (Page 4 of 11) Southern Essex District Registry 3/4/2005 9:27:00 RM PRUC Exhibit B LICENSED SITE PROFESSIONAL OPINION PARTIAL TERMINATION OF NOTICE OF ACTIVITY AND USE LIMITATIONS LOT 8 OF 4 FIRST STREET SALEM, ESSEX COUNTY MASSACHUSETTS This exhibit provides the Licensed Site Professional (LSP) Opinion, pursuant to 310 CMR 40.1083(3)(a), relative to the Partial Termination of the Notice of Activity and Use Limitation (Partial Termination) for the disposal site identified as Hillcrest Chevrolet, 207 Highland Avenue, and assigned Release Tracking Number 3-12517. The referenced section requires that the opinion specify why the Notice of Activity and Use Limitation (AUL) is no longer necessary to maintain a level of No Significant Risk of harm to health, safety, public welfare or the environment for a portion of the property. This opinion also provides an evaluation of changes in land uses / activities and / or Site conditions after a Response Action Outcome Statement; and documents that no change to the Class A-3 Response Action Outcome would occur as a result of the Partial Termination. These items are addressed below. This LSP Opinion is provided by Samuel W. Butcher, a duly licensed LSP, of Goldman Environmental Consultants, Inc., of 60 Brooks Drive in Braintree, Massachusetts. The Partial Termination opinion is provided only for Lot 8 of the property identified as 4 First Street. This LSP Opinion is prepared on behalf of the current owner of Lot 8, i.e., Ridgeside Realty LLC, c/o John M. Corcoran and Company, of 100 Grandview Road, Suite 203 in Braintree, Massachusetts. Introduction The original AUL was filed for the property defined as Lot 5 of 207 Highland Avenue. Lot 5 is an approximately 122,511 square-foot parcel. Its boundaries are described by the Land Court to be located as shown upon plan numbered 21246-D, drawn by Essex Survey Service, Inc., Surveyor, dated June 8, 1978, as modified and approved by the Land Court, filed in the Land Registration Office. This land is also identified as Lot 2 on Salem Assessor's Map Number 13. This property is identified as the Hillcrest Chevrolet disposal site, and was assigned Release Tracking Number 3-12517, by the Massachusetts Department of Environmental Protection (MADEP), as a result of a discovery of waste oil contamination during the performance of a subsurface investigation in 1995. The investigation and remediation of the release were performed by I.E.S., Inc., of Somerville, Massachusetts, and are summarized in their Response Action Outcome (RAO) Statement report, dated September 15, 1998. This report indicated that the disposal site met the requirements for a Class A-3 RAO. Daniel G. Jaffe (LSP # 2347), of I.E.S., Inc., was the LSP-of-Record for this disposal site until the original AUL was registered with the Essex South County Registry District on November 5, 1999. 451597 (Page 5 of 11) Southern Essex District RegistrY 314/2005 9:27:00 RM PRL&C I.E.S., Inc. determined the source of the release to be two underground storage tanks, with capacities of 3,000 and 1,500 gallons, used to store waste oil. They were located outside the southwest wall of the Hillcrest Chevrolet building. During March 1975, the tanks were removed and approximately 97 tons of contaminated soils were excavated as a Limited Removal Action (LRA). Following MADEP notification, the LRA was continued as a Release Abatement Measure (RAM), and an additional 155 tons of contaminated soil were excavated and removed from the property. Contaminated groundwater was pumped from the excavation during the LRA / RAM. Separate phase product (1,028 gallons of waste oil and water) was pumped from a recovery well as part of an Immediate Response Action (IRA). Subsequent to the LRA / RAM, subsurface investigations were performed from 1995 to 1997. These investigations document that the residual contamination was located in the vicinity of the UST excavation and extended beneath the Hillcrest Chevrolet building. Risks associated with the release were investigated via two separate risk characterization documents. Risks associated with groundwater contamination were evaluated in a Method 2 Risk Characterization report, dated January 6, 1998, prepared by LaGoy Risk Analysis, Inc., of Hopkinton, Massachusetts. Risks associated with soil contamination were evaluated in a Method 1 Risk Characterization report by I.E.S., Inc. Taken together, these reports indicate that a condition of No Significant Risk of harm had been achieved presuming the implementation of an AUL. The AUL boundaries were identified as all of Lot 5, and the following AUL conditions were applied: 1. Permitted uses and activities entailed: a. "any use which does not disturb the building foundation over the contaminated area;" and b. "any use below the building after implementing proper precautions." 2. Activities and uses inconsistent with the AUL Opinion entailed: a. "the excavation and disturbance of soil, or any construction activities beneath the concrete floor under the building, without using workers who are adequately protected and trained; and implementing federal and state occupational, health and safety requirements, including but not limited to 129 CFR 1910.120." 3. Obligations and conditions set forth in the AUL Opinion: a. "any construction within the area of the AUL, including disturbance of the concrete floor of the building or the underlying soil, shall be done by workers adequately protected and trained in implementing federal and state occupational, health and safety requirements, including but not limited to 129 CFR 1910.20;" and b. "any soil generated must be disposed of in accordance with applicable laws." 451597 (Page S of 17) Southern Essex District ResistrY 31412005 9:27:00 RM PRL&C An Evaluation of Changes in Land Uses / Activities and / or Site Conditions after a Response Action Outcome Statement Subsequent to the completion of the RAO Statement and registering the AUL, Lot 5 was subdivided into two parts. The subdivided land is identified as Lots 8 and 10 on a plan entitled "Plan of Land being a Subdivision of Lots 5 and 6 shown on Land Court Plan No. 21246°", dated June 30, 2003 and prepared by Harry R. Feldman, Inc., Surveyor. This new plan was registered with the Land Court on October 29, 2003, as Land Court Plan No. 21246E. Lot 10 comprises 117,409 square feet and includes the Hillcrest Chevrolet building. Lot 8 comprises a much smaller area (5,104 square feet) and is located in the east corner of former Lot 5. Lot 6, which is not part of the disposal site, was subdivided into Lots 7 and 9. Lot 7 encompasses 173,900 square feet, and Lot 9 is a much smaller 3,449 square feet. Lot 6 is primarily paved but includes some undeveloped areas. Until recently, it was used to store new cars by the adjacent business, Hillcrest Chevrolet. No maintenance or repair work was conducted on Lot 6. On October 30, 2003, Lots 7 and 8, and the nearby unregistered Lot D were sold by Ralph Cerundolo, as Trustee of Hillcrest Realty Trust II, to Ridgeside Realty LLC. A residential apartment complex, Hawthorne Commons II, is slated for development on the combined Lots 7, 8 and D. At the time of the subdivision, the Notice of AUL still applied to Lot 8. Its applicability and necessity to maintain a condition of No Significant Risk of harm are examined below. Why the Notice of AUL is no Longer Necessary for Lot 8 Based on the RAO Statement report prepared by I.E.S., Inc., the disposal site is defined as the 2.81-acre Lot 2 of Salem Assessor's Map 13. The Notice of AUL was applied to the entirety of Lot 2. However, based on the information provided in the RAO Statement report, the residual contamination is located southwest of the building and beneath the building. Lot 8 is located approximately 50 feet south-southeast of the Hillcrest Chevrolet Building, at its closest point. No analytical data for soil samples exists for Lot 8. However, the existing soil boring data for the release indicate that the soil contamination does not extend to the southeastern wall of the building. The one sampling point located immediately along the southeastern wall between the building and Lot 8 (i.e., B-2) contained levels of petroleum hydrocarbons (total petroleum hydrocarbons (TPH) = 64 and 100 mg/kg) below the most conservative, applicable Method 1 Standards, i.e., S-1/GW-2 and S-1/GW-3 standards (800 and 800 mg/kg). The disposal site boundaries were conservatively defined as the boundaries of Lot 2 of Salem Assessor's Map 13 (which is the same as Lot 5 of the Land Court Plan 21246°). Based on the available data, Lot 8 is located outside the real disposal site boundaries. 451597 (Page 7 of 11) southern Essex District Registry 3/4/2005 9:27:00 PM PRL&C The AUL conditions mostly were directed at land use, excavation or soil disturbance activities which might occur to soils located beneath the floor of the existing building. The building is not located within Lot 8, not even in part. The only AUL conditions that might apply to soils located outside the building footprint pertain to obligations regarding any construction within the area of the AUL. These obligations require the construction be done by workers adequately protected and trained to ensure health and safety, and the disposal of excavated soils in accordance with pertinent laws. The AUL's obligations are inconsistent with the AUL's other conditions. The AUL's "permitted activities and uses" and "inconsistent activities and uses" address only soils beneath the existing building. Given that the soil contamination does not extend to Lot 8, and that the disposal site boundaries can be more accurately determined by excluding Lot 8, and given that the I.E.S., Inc.'s Method 1 Risk Characterization did not indicate a Significant Risk of Harm from exposure to soils beyond the building footprint, the AUL conditions are not necessary for Lot 8 in order to maintain a finding of No Significant Risk of Harm. Based on the foregoing analysis, it is the opinion of the LSP, Samuel W. Butcher, that Lot 8 meets the requirements, pursuant to 310 CMR 40.1083(a), for a Partial Termination of Notice of Activity and Use Limitation. Effect of the Partial Termination on the Class A-3 Response Action Outcome The Partial Termination of AUL has no effect on the applicability of the Class A-3 RAO to the Hillcrest Chevrolet disposal site. An Activity and Use Limitation is still in effect for Lot 10, which is the remainder of the original Lot 5. No other criteria for a Class A-3 RAO, specified at 310 CMR 40.1035 and 40.1036(3), were potentially altered by the Partial Termination. As a result, a Class A-3 RAO is still valid for the Hillcrest Chevrolet disposal site. Prep red uel W. Butcher, LSP #9185 Vice President, Operations Goldman Environmental Consultants, Inc. February 3, 2005 Date 451597 (Page S of 11) Southern Essex District Registry 314/2005 9:27:00 RM PRLRL&C Exhibit C Metes and Bounds Description of Land Subject to Partial Termination of Activity and Use Limitation A certain parcel of registered land, situated on the southwesterly side of First Street in Salem, Essex County, Massachusetts, and bounded and described according to the plan hereinafter mentioned, as follows: Northeasterly by the southwesterly line of First Street, eighty-three and 61/100 (83.61) feet; Southerly by Lot 7, one hundred eighty and 15/100 (180.15) feet; Northwesterly by Lot 10, one hundred fifty-two and 73/100 (152.73) feet; and Westerly by Lot 10, thirty-two and 56/100 (32.56) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 21246-E, drawn by Harry R. Feldman, Inc., Surveyors, dated June 30, 2003, as modified and approved by the Court, filed in Land Registration Office. The above- described land is Lot 8 on the plan. For title to the above described parcels, see Certificate of Title No. 76600 in Essex South Registry District. 451597 (page 9 of 11) Southern Essex District RegistrY 314/2005 9.27:00 RM PRL&C Exhibit D The Commonwealth of Massachusetts Secretary of State's Certificate of Good Standing for Ridgeside Realty LLC 451597 (Paas 10 of 11) Southern Essex District Registry 3/4/2005 9:27:00 RM PRUC DOCUMENTNO. t.� / ESSEX SOUTH REGISTRY DISTRICT A wN a=� MAR 0 4 200 N 7 x m RECEIVED O'CLOCK M� nw� REGISTRATION Bo PG �o 3^0 V A_• A „J A m I � I i I I 6 COMMONWEALTH OF MASSACHUSETTS LAND COURT s ESSD(FEGSTRY OF DEEDS,SO.DIST. SALEM, MASS / P ESSEX S.S. P—AAL— 005 A TFK E COPY OF OOC(MItENT ATTEST. 1 ' v6�co r CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM, MA 3 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFEIGE SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. ,1003 MAY -2 A ID 45 MAYOR DECISION OF THE PETITION OF RIDGESIDE REALTY LLC REQUESTING A VARIANCE FOR THE PROPERTY LOCATED A 209 HIGHLAND AVENUE AND FIRST STREET R-2 A hearing on this petition was held April 30, 2003 with the following Board Members present: Nina Cohen, Richard Dionne, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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 petitioner is requesting Variances from minimum lot area per building, Variance from one building per lot and Variance from maximum height of fence and boundary walls for the property located at 209 Highland Ave and First Street located in an R-21 zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of 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 Petitioner Ridgeside Realty LLC is in the process of acquiring a 4.7acre parcel on First St at Highland Ave. for Phase II of a residential building project that was recently completed across the street. The project will consist of four mid-rise mulit-family dwellings with a total of 108 one and two bedroom units. 2. The proposed multi-family project has the full support of the City of Salem Planning Board. By action of the Salem City Council on March 13, 2003, the site was rezoned to R-3, multi-family district. Adequate parking will be provided on site; therefore petitioner requires only the following variances: a variance from minimum lot area per dwelling unit, a variance to allow more than one building per lot, and a variance from maximum height of fence and boundary walls. ' CITY OF SALEM. MA CLERK'S OFFICE DECISION OF THE PETITION OF RIDGESIDE REALTY LLC REQU TING A VARIANCE FOR THE PROPERTY LOCATED AT 209 HIGHLAND AV PAI'a"26TA 10: 45 STREET R-3 page two 3. Support for the petitioner's project was urged by Ward 3 City Councillor Joan Lovely, who complimented the developer for have created a first class housing development in Salem and for continuing to invest in the City. A letter from Mayor Stanley Usovicz was read into the record showing support for this project. There was no opposition. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 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 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Occupancy. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. CITY OF SALEM.44A • CLERK'S OFFF:EE 1003 MAY -2 A ID 45 DECISION OF THE PETITION OF RIDGESIDE REALTY LLC REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 209 HIGHLAND AVENUE AND FIRST STREET R-3 page three VARIANCE GRANTED APRIL 30, 2003p�( Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 s / Certificate No: 598-2004 Building Permit No.: 598-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the Residential Building located at Dwelling Type 0209 HIGHLAND AVENUE in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CERTIFICATE OF OCCUPANCY BLD 9 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On:Toe Feb 22, 2005 ------------------------------------------------ GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. Certificate No: 598-2004 Building Permit No.: 598-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the Residential Building located at Dwelling Type 0209 HIGHLAND AVENUE in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CERTIFICATE OF OCCUPANCY BLD 9 LGe.TMSV'2'OSOU6 is permit is granted in confortnity with the Statutes and ordinances relating thereto,and es __ unless sooner suspended or revoked. Expiration Date ue Feb 22, 2005 rs Municipal Solutions,Inc. Certificate No: 597-2004 Building Permit No.: 597-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the Residential Building located at Dwelling Type 0209 HIGHLAND AVENUE in the CITY OF SALEM --------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CERTIFICATE OF OCCUPANCY BUILDING 8 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Tue Feb 22, 2005 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. -------------------------- Certificate No: 597-2004 Building Permit No.: 597-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the- ------------Resident-- al-Buld- ------------ ng located at - -- --------i-- ----i -i--- Dwelling Type 0209 HIGHLAND AVENUE--------------------------------------- in the CITY-OF-SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CERTIFICATE OF OCCUPANCY BUILDING 8 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires -------------------------------------------- unless sooner suspended or revoked. Expiration Date Issued On:Tue Feb 22,2005 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. Certificate No: 596-2004 Building Permit No.: 596-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0209 HIGHLAND AVENUE in the CITY OF SALEM ------------------------------------ ------ ------ -------------------------- ------------------------------------------------------------------ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY BUILDING#7 RESIDENTIAL UNITS This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Mon Mar 21, 2005 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. Certificate No: 596-2004 Building Permit No.: 596-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0209 HIGHLAND AVENUEin the CITY OF SALEM ------ ------------------------- - - -- - -------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY BUILDING#7 RESIDENTIAL UNITS This permit is granted in conformity,with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ---------------------------------------------------------------_-------------- Issued On: Mon Mar 21,2005 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. ---------- Certificate No: 595-2004 - Building Permit No.: 595-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 02019-HIGH-LAND-AVENUE in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY BUILDING#6 REISSUED FOR RESIDENCE This permit is granted in confomuty with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On:Mon Apr 25,2005 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. ------------- ----- Certificate No: 595-2004 Building Permit No.: 595-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0209 HIGHLAND AVENUEin the CITY OF SALEM --------------------- --------- ----- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY BUILDING#6 REISSUED FOR RESIDENCE This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Mon Apr 25, 2005 ---------------------------------- ------ ----------------------------------- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. 10 11 12 1 13 14 is S ALL REPORTS, PLANS, SPECIFICATIONS AVE' COMPUTER FILES RELATING TO THIS PROJECT ARE THE PROPERTY OF THE - IMARTIN ARCHITECTURAL GROUP. THE MARTIN ARCHITECTURAL GROUP RETAINS FIRE PROTECTION SPECIFICATION ALL COMMON LAW, STATUTE AND OTHER RESERVED RIGHTS INCLUDING THE COPY- RIGHT THERETO. REPRODUCTION OF THE 1- GENERAL 10. HANGERS, ANCHORS, CLAMPS AND INSERTSMATERIA- HEREIN OR SUBSTANTIAL USE - WITHOUT WRITTEN PERMISSION OF THE MARTIN ARCHITECTURALGROUP vI01ATES A. Drawings are diagrammatic and indicate general arrangement of work in A Hangers shall meet NFPA Standards- Provide adjustable swivel rings for piping —_ THE COPYRIGHT LAWS OF THE UNITED g g g g 3" and smaller. Support piping from building structure to maintain required STATES AND WILL BE SUBJECT TO LEGAL Contract. The contractor shall provide all components and materials necessary pp p p g gPRDSECUTION- grade and pitch of pipe lines, prevent vibration, secure piping in place. Secure PROSECUTION- to make the systems fully complete and operational. (D 2003. The Martin Architectural Group hangers to inserts where practical- Hanger rods shall have machine threads. B- Check Contract Drawings as well as Shop Drawings of all subcontractors to B. Hanger rods shall be connected to beam clamp, UL-approved concrete inserts verify and coordinate spaces in which work of this section will be installed- or Phillips or approved equal expansion shields. Ramset or power driven inserts will not be allowed- ETR 2. SCOPE o C. Hanger spacing shall meet requirements of state and local codes. Pipe A. Perform work and provide material and equipment as shown on Drawings and supports, vertical and horizontal, shall not bear on sleeves. „ as specified in this Section of the Specifications. LL ! B. Work shall include, but shall not be limited to, the following: 11. SPRINKLER HEADS „'• „ 1 1 /2 1''1 2 I CD v) 1. New sprinklers within stairwells as shown. A. Provide new heads to match existing heads. 0 2. Shop drawings in accordance with NFPA No. 13. _ —I z -1 3. Connection to existing sprinkler system- 12- SPECIAL RESPONSIBILITIES __.___.__ ___I_. _,i ! Q Z 4. New hydrant flow test. A. Notify Owner of location and extent of existing, piping and equipment that interferes with new construction. In coordination itand ithapproval of � —WBA DESIGN RESPONSIBILITY J 0- a 5. Tests. Owner, relocate piping and equipment to permit new work to be provided 1 U p as required by Contract Documents. Remove non-functioning and abandoned { ' Z piping and equipment as directed by Owner. Dispose of or store materials I „ Q 3- SITE VISIT L I— J it as directed by Owner. 1 1 _ A. Before submitting bid, visit and carefully examine site to identify existing I all _ o E conditions and difficulties that will affect work of this Section. Indicate in bid B. Use of premises: Restrict use of premises as directed by Building Manager. E U ZQ m any areas where sprinklers are required but not specified or shown in the bid I i II documents. No extra payment will be allowed for additional work caused by t 1 �! Q a° unfamiliarity with site conditions that are visible or readily construed by ! F_ e experienced observer. 13. SPRINKLER SYSTEM INSTALLATION I ( (] r --- z LLJ d 4. CODES, STANDARDS, AUTHORrnES AND PERMITS A. Provide wet-pipe sprinkler system. I I _ $ a A. Perform work required by rules, regulations, standards, codes, ordinances, and B. Work shall be neat and rectilinear. Piping shall run concealed. Work shall be 1 ? - Q laws of Local, state, and federal governments, and other authorities that have properly and effectively protected and pipe openings shall be temporarily I » » -_-_— Q m legal jurisdiction. Materials and equipment shall be manufactured, installed and closed to prevent obstruction and damage before completion- - tested as specified in latest editions of: a i C. Except as specified otherwise, material and equipment shall be new. W N 1. Local and state building and fire department codes. 2. NFPA- 16 i s 3- Insurance Underwriter ~ 4. Authority Having Jurisdiction: City of Salem, Ma. DRAFT STOP(BY ARCHITECT) a STOP(BY 14 CONTINUITY OF SERVICES 5. GUARANTEE AND 24 HOUR SERVICE i A- Coordinate all interruptions with Building Manager and or Owner u 1 01 A. Guarantee work of this section in writing for one year following the date of B. Notify the "authority having jurisdiction" when shutdowns of existing substantial completion. systems are necessary. — r O 6. SUBMITTALS 15'. TESTS ETR p prepared y pp A. Test sprinkler system as required In NFPA Code and agencies -� I a7 i; A. Provide product data re ared b manufacturers, suppliers and vendors that have Jurisdiction. - _ comprising: co B. Notify Owner and agencies that have jurisdiction tests are to be made. 1. Detailed dimensional drawings including separate reflected ceiling plans II 0 indicating location of each sprinkler head. I C. Test sprinkler piping and make watertight before pointing and before Q a. Accurate and complete description of materials of construction. } concealment- Tests shall be witnessed by insurance underwriter's ilk representative, the Municipal Inspector, and a representative of the Owner. it E W M VIM N U W b. Manufacturers published performance characteristics and D- Sprinkler system shall be tested to hydrostatic test at system pressure in !� �� ` capacity ratings (performance data, alone, is not acceptable). accordance with NFPA requirements- ETR L 1 /2 STANDPIPE L_ w yNo I I D 21 N 1 - j j D W (7 00 O. E. If inspection or test show defects, such defective work or material shall be all 7. WORKING PLANS AND HYDRAULIC CALCULATIONS O replaced and inspection and tests shall be repeated until work is accepted. - 3 a oma Repairs to piping shall be made with new material. I 10 p 0) 0 oonC3 A. Submit Working Plans and Hydraulic Calculations signed and sealed by Professional Engineer z� x F- 3 registered in Massachusetts to authorities that have jurisdiction, including: 0 IT 3 16., CLEANING 1. Owner j 'I 2. Insurance Underwriter. A. Clean installation thoroughly upon completion to remove grease, metal 3. City of Salem, Mo. cuttings, dirt and other foreign materials. Repair stoppages, discoloration and damage that result from failure to clean piping properly within Contract Price. I. B. Submit Working Plans and Hydraulic Calculations in one complete package. C. Working plans and Hydraulic Calculations shalt meet requirements FIRST FLOOR TYPICAL S T A I R W E L L(S 0 U T H ) PART PLAN of NFPA 13, 2002- 5 D. Working Plans will be subject to Owners's final approval. Submit to Owner SCALE: 1 /4" = V '- O') only after review by other authorities. 8. DESIGN CRITEREA ;F ut L fJa NOTE: A. System shall be designed to deliver a minimum of 16 gpm at the most remote (5) sprinklers_ SPRINKLERS AT DRAFT STOP ARE DRAWING NOTE: i I BE WITHIN 0,-0" ON CENTER AND SHALL _ J g. PIPE AND FITTINGS THE NORTH STAIRWELL WILL BE SIMILAR ' 6"- 12" FROM DRAFT STOP. ETR TO THE SOUTH STAIRWELL(SHOWN HERE). A. Pipe shall meet applicable ANSI or ASTM standards and shall have 20 manufacturer's name and standard marked on each length. Joints shall meet 34 j CHK'D: applicable ANSI or ASTM standards. Where ANSI or ASTM standard does not exist, joints and fittings shall bear UL listing symbol I P.M. =- B. Service: Above ground wet-pipe sprinkler systems, 2 1/2" or smaller 1 P.A. RE PROJECT NO.: - Pipe Material: Welded and seamless steel pipe, Schedule 40, ASTM A53. Fitting Material: Malleable iron, class 150, ANSI B16.3. 1 1 2"'`' 16 17 1/1 /2 F C Pipe Joint: Threaded. < C j o <r i O � ; w -- — , WBA DESIGN RESPONSIBILITY 1 " k J0 •� I i W U Z \\ N Q SPRINKLER HEADS O - I I 32 I I 1 , O EXISTING SPRINKLER TO REMAIN i'I � _ � I -- - n- EXISTING SPRINKLER TO BE REMOVED _ —EXISTING 6" FIRE SERVICE i .' SIDEWALL SPRINKLER z I 0 PENDANT SPRINKLER ( 19 ! n 18 O UPRIGHT SPRINKLER ( I y 31 I O Y O3 4 EXISTING NORTH STAIRWELL PIPES r CONTINUATION MARK TEE LOOKING Dowty o �,- - DRAFT STOP(BY ARCHITECT) W t f LJ 5 ] CAP OR END OF PIPE W CONCENTRIC REDUCER w O DN DOWN Z J) B0 ELBOW UP OR RISE i i F ETR n 9 —__ q 1 � ELBOW DOWN OR DROP ' s I i .. it ;� ! I - _ LJ EXISTING PIPING C_I 7 X ETBR EXISTING TO BE REMOVED N I \ j @ RE R --- -- C; h. _ PIPE GUIDE WSWS WET SPRINKLER PIPING O 2 1 2" STANDPIPE FEED t -_ .l�!— �k i ' o � i' SP SP STANDPIPE PIPING n FLOW IN DIRECTION OF ARROW til ill j v - .�J ETR 2 '1 /2"STANDPIPE misc. ---- -- l j I r 0� .% CTE CONNECT TO EXISTING 12 11 L ---- -----.�. - f- ETR EXISTING TO REMAIN t EXISTING SOUTH STAIRWELL 0 _ ETBR EXISTING TO BE REMOVED 1 — I I O�# # HYDRAULIC NODE POINTS 1J O I --- ------------� U- 2 1/2" STANDPIPEc _ * SECOND FLOOR 0 0 R TYPICAL S TA I R W;E L L( S 0 U TH ) PART PLAN NOT ALL SYMBOLS MAY BE APPLICABLE TO THIS PROJECT S HYDRAULIC NODE POINT REFERENCE DIAGRAM SCALE: 1 /4 = 1 - 01) FIRE PROTECTION LEGEND NOT TO SCALEF P I ! ' / l A A ® 2103, The Mart»Arehiteeturai Craw 10 11 12 13 14 #5 16 17 Ie 19 f ----------- -- -- S 35'24'39' E 1033.90' CALC. (1033.92 PLAN) SO.O nT. aa�� R.44,'S ( ' L E L D M A N s - `�` U ,1, Ft?1A!1D & f / p h4F PROFESSIONAL LAND SURVEYORS ft oma . / h MitSS /#7 y BOUND NOT FOUND / CO I I HUB �• TAC hh �� o K �t�Ara[!. NqC£ ' 3 1 / - -tAj \MOT Fl7UAID i,A* o ,o / STONE BOUND \ ] C #N 1 yo 174 o / (1.44' REC)DRILL HOLE \LCC /..1246 \� -L-12' FOUND 1 \ - . 1 j2o I - % 0 PK NAIL \ ni \ �- _ CONC. BOUND -V FOUND S ?53z4 0 \ 3 Eo ' S 3739'20' f i ► N I � � � - o..1r- 1 \ o 43.590.9/ W '\h h STONEN � _ - N 1 BOUND DRILL H - - - - - n:, // PK NAIL D LL OLE � - � - N 3739 20 W - - - h: 630.08 I S 4_3.28'19"E- - - - - - - - - - a }_ -_-- - - S31:T247' E _ - _ - - Io _ I - - -- - - - - - 611.98. C4 _�-/Q PUBLIC VARMBi E 1 TF1" �pc `� /`' I _ PK�NAfL \ - - ---_--- f 1- RST ` LOT S L( ?1246C S/ /?G� O4O/� - / N I o \ / S 3739 20 E — 9p4.O,S' �7D 3`u� PK NAIL I / to /-,-(1.32' REC.) \\ I \ / 366.39' \\,y �.9► ? 83.61 \ : / 544.05' /° yy j `\ iCONC.FOUND 1 I to 9691/- I o S 3739'20' E 3j9 6? � eve' // / 366.39' LOT :„ Ih `� �� ,/,�,�� I °.z oN 1 LCC 21246 I�N L� 121246 N.UB do TACK/' AREA= 117, 409 S. F. ' ' , ' N AREL 4 5, 104 S.F ' ANMD cn O Of I ' PK NAIL h 2. 695 ACRES h / LOT 7 �� ' W '�► n LCC X21 ��6 AREA= 173, 900 S. F. �a W �► 1 STORY ' SIN 3. 992 ACRES -v: N / �w .�bp /V/r f'£QdAOT ASSPCJ47ES BLOCK Z I / �OJ : O I to / 40 I SECOVERHAN FLOOR HUB TACKLZ < 31 A h / \ 3 ' 1 CONCRETE y \ h to I COLUMNS 1 I Z - _ N 1 LCC 4121246 // \sos < 1 ARE4-3, 449 S.F. — _ _ _ _ • / vfc v v = I � � T 30• WIDE WAY �/ ,/ • I `-AS SHOWN ON LCC \ I SEE NOTE 2 AW?1246D FOUND ) \ - - - I - - � PK s, 0.14' - _. ac N 3739'20' - 946.52 \I N 3739'20' W 537.5 . _ 1. Z N/F' AILLCREST RENETY TRUST N \ \ I \ F _-- -_ N/F IfI LCREST RtEALTY TRUST N - _ l �j MASSACHUSETTS ELECTRIC N 36??5' -w - _ __Z 1 i —COMPANY EASEMENT _ / + LAND CMR' / \ SEE NOTE 1 N \ DRILL HOLE o Y, g I ow PI1Y \ FILED PK NAIL �� FOUND L� / / PLAN OF LAND N 3\ I I APPROVAL UNDER THE SUBDIVISION • r— ti ' BEING A SUBDIVISION OF LOTS 5 AND 6 TRAVERSE PRECISION - 1 \ \ �r CONTROL LAW MOT REOUIRED. /44100 1 I 'o I W \ TDWN SAUAI /NG BOARD UNEAR ERROR OF CLOSURE - 0.06• SHOWN ON LAND COURT PLAN NO. 212460 DIRECTIONAL ERROR OF CLOSURE - S79'32'44"E i o o \\ ACCURACY OF EDM IS 0.02• & 2PPM \ of 3 SALEM, MASS. / ALL DISTANCES ARE EDM. NOTES: 1) MASSACHUSETTS ELECTRIC COMPANY HAS BEEN GRANTED THE RIGHT TO I O \ FOREVER MAINTAIN AND OPERATE A UNE OF POLES TO SERVICE LOT 6(AS SCALE 1 " 40' JUNE 30, 2003 • ' SHOWN ON PLAN) ACROSS LOT BIAS SHOWN ON PLAN) FROM /227 I 2 I ' i I CERTIFY THAT THIS ACTUAL SURVEY WAS MADE ON THE GROUND HIGHLAND AVENUE, AS RECORDED IN ESSEX COUNTY REGISTRY OF DEEDS HARRY R. FELDMAN, INC. LAND SURVEYORS N 3739'20' 1611 IN ACCORDANCE WITH THE LAND COURT INSTRUCTIONS OF 1989, IN BOOK 6418 ON PAGE 413. \ e I 1 �✓ BETWEEN DECEMBER 21, 2001 AND JUNE 24, 2003. 112 SHAWMUT AVENUE BOSTON, MASS 02118 2) THERE IS LEGAL PRECEDENT THAT CONGRUENT OWNERSHIP EXTINGUISHES AN PHONE: (617)357-9740 DATE. �+�, EASEMENT ALTHOUGH THE RIGHT OF WAY IS SHOWN ON LCC121246D IT IS \ F��n - o ,/ THE ABOVE ENDORSEMEM /S NOTA A. NOT ls� NOT LISTED ON THE ENCUMBRANCE SHEET ATTACHED TO THE CERTIFICATE OF TITLE GRAPHIC SCALE \ --- DETERMIIW LION AS 7O CONFORMANCE PROFFSSIOML rD �� ►10 ae714 a 0.o1' 077H ZONING REGULATIONS. �b �` 3) LOT 9 IS TO BE COMBINED WITH LOT 10• AND LOT 8 IS TO BE COMBINED WITH LOT 7. 40 0 20 40 80 160 �es10 r / ��c auAveyc CRD FAE 10334 CHECXED FlLE PMME f0334LC1 RE"CH JLC FED CHIEF S{/MS CALC SM CADD BH fE1D L7EL" APPROVED JOB NO. 10334 / e�' r� moi■/ --- ---- r -- T _..—_. � _ �..".._._. 1 7`171-7-1.,II, . L.I. I I. .. � i I � 1