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250 HIGHLAND AVENUE - OSGOOD STONEWORKS - BUILDING INSPECTION 2 /u-b Ew"oe — OS�oo� �7a�lk..We�2.lCS 74520 �r .w� . 3 Z Civ- (DI)�6c+) 20 J-,-) c zl"-7 �,jaCj �/ "f .4 Rfdit-j3 rnoed $ ZOO . - - MJ-Sf cerme I ,t, --& I I kJS 2m� Fly uje2<< - 101"W Mo ��R erz eal aoacl; � n500 � 3?9 �r�V i ' ._J ._. , .I/BC.O . Qo- el ° -� - //970 0 8795 � � a a AVEN to a la roo- ^p 96 94 9Q zeo 8 U E d < O s TREE? . A 4955 64/9 /2.339 'a m zes'xn m O , 2 11 p 4861 81 D 98 ❑ 60 116 q a 1.5 AC 8 sse 1 66 3� 99 D 1.4 AC m 65 ro �� 120 gd n v 59zo O W AY a 64 100 a 105 .6 too i 34776 . 74040 ie 119 a 13850 a 1 `j' !I 1 - 1311n 8990 y /. . . 286-5 ryp �4 1 p6. x% 16 eo-e r Zee 303-3 xao xeo �— AVENUE xa+ zxr 1z3 z74 xas— ----- 678 UTE ' �DitA1N E MEN? \F F eiAENT ZS . 27 t 84001 , 85963 w \28 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. KI ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Receive Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑ No 0/6 Lc�.� v- /_/1h� C9� l 1 �%N f\�hL J' r `�_ 3. Service Type `r^ —t'1 1-3CertifiedMail ❑Express Mail R _L /(J ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1mo UNITED STATES POSTAL SERVICE First-Class Mall Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box City Of Salem Building Department 120 Washington Street Salem, MA 01970 Commonwealth of Massachusetts ' County of Essex The Superior Court EXECUTION CIVIL DOCKET# ESCV2007-00144 RE: Stoneworks Spa & Hearth Inc et ai v Salem Stoneworks Inc et al To the Sheriffs of our Several Counties or their Deputies, GREETING: WHEREAS, Patrick Osgood, of Topsfield by the consideration of our Justices of our Superior Court at Essex, aforesaid, on 05/21/2009 recovered Judgment against, Laine K w Chase, Individually, Laine K Chase, as Trustee of 260 Highland Avenue Realty Trust and Stoneworks Spa & Hearth, Inc. of DAMAGES: $236,739.35 Salem in the County of Essex for the sum of Two Hundred Thirty ATTY FEES: Six Thousand Seven Hundred Thirty Nine Dollars and Eighty COSTS: Five Cents debt or damages as to us appears of record, where PUNITIVE: execution remains to be done: POST JUD/INT: $129,514.05 We command you therefore, that of the goods, chattels or i TOTAL: $366,253.90 land of the said judgment debtors within your precinct, you cause to be paid and satisfied unto the said judgment creditors, at the value thereof in money, with interest thereon in the sum of One Hundred Twenty Nine Thousand Five Hundred Fourteen Dollars and Five Cents from day of the rendition of said Judgment to date of execution the aforesaid sums, being $366,253.90 in the whole. and thereof also to satisfy yourself for your own fees. Hereof fail not, and make return of this writ with your doing thereon into the Clerk's office of said Court at Salem, within our County of Essex, and to make return of this writ within twenty years after the date of the said judgment, or within ten days after this writ f has been satisfied or discharged. W" " Witness, Barbara J. Rouse, Esquire, Chief Justice of the Superior Court, at Salem, Massachusetts this 10th day of December. 2013. .... .. ... .. a � Clerk RETURN TO: Max R Engelhardt Metaxas Brown Pidgeon LLP 900 Cummings Center . v Suite 207T "UE • ! EST COPY Beverly, MA 01915 DEPUTY qN I r SHERIFF'S SALE CONLMONW'EALTH OF MASSACHUSETTS IOIU ssex SS h!"R 25 A B 44 E By virtue of Execution #ESCb'2007-00144 issued by the Salem Superior x�t$eY 01re � lt�rj, Osgood named Judgment Creditors) and Laine K. Chase, Individually, Laine K. Chase as Trustee of 260 Highland Realty Trust and Sfoneworks Spa & Hearth, Inc. named Judgment Debtor(s), on thel2th day of December in the rear 2013 , having levied upon seized and taken all the right, title and interest which the said Laine K. Chase, Individually, Laine K. Chase as Trustee of 260 Highland Realty Trust and Stoneworks Spa & Hearth, Inc. had in and to the lands in the hereinafter described in Book:3981 Page: 15S (Reference Probate Docket ES09P0415EA and ES04P1397AD1) at the Essex County Registry of Deeds as follows: 250 Highland Ave, Salem. NIA --------------PLEASE INSERT ATTACHED DESCRIPTION HERE On 5/8/2014 at 10:OOam at the Deputy Sheriff's Office located at 45 Conress Street Suite 41007 Salem, YEA 01970, 1 will sell said right, title and interest at public'auction, for cash, ' to the highest bidder, together with all costs and fees thereon. Said sale of, land subject to any and all encumbrances of record. NOTICE REGARDING ON-SITE SEWAGE DISPOSAL SYSTEMS You are hereby notified that Massachusetts Regulations (Title 5 Regulations) require an inspection of on-site sewage disposal systems when there is a transfer of title to real estate. Any purchaser or transferee of real estate served by an on-site sewage disposal system is obligated to inspect, and if necessary, to upgrade a system in accordance with the provisions of Code of :Massachusetts Regulations (CMR). You are hereby referred to 310 CiYIR 15.300-15.305 for time periods to do so and other requirements. The office of the Deputy Sheriff has no information about whether the real estate is -- question is served by an on-site sewage disposal system. NOTICE REGARDING TERVIS OF PAYMENT To qualify to bid, interested parties must have cash or certified funds in their possession at the time of the auction totaling 55,000.00. Total purchase price including costs and fees must be paid in cash or certifs ' hours of the auction. epury Sheri Attorney for Creditor: Max Engelhardt Robyn Clark � pit p,1 Ip 45 Congress Street, Suite 4100 Nletaxas Brown Pidgeon, LLP Salem VIA 01970 900 Cummins Center 978-750-1900 EXT 3590 Suite ^07T Sever!y. MA iii 9 i `U �e1:ndnsaid Salam with the buildings thereon Bounded and described as .follows. Beg1 =ing at the .Ncrt..heasterly corner th®raof "arid hce a°�^ing Scut easterly by Lots $b and 07 on a plan of land hereinafter rete..-red to, �1DGUL oaa YfuaGroG '.-4 t2112'CY-�-'..� C+-39> Sae G' LO ci..DO—aL: TSSmlbO ,rte-c saC runal�C southwstarLy by K.�'��°'� gwaum Oa®. "'®4 ar3 tY.^Cooa '<J.2$) tamtr :hancm'tx =:L=C -and �-'�ortTlma a-tarZtij'- Dy 3 'gnd g�4 on said plan ..of land ',berei-aster.:referrvd ta9 .about Ora E ndrad a t` irtY-n-n® feet; thwace turning ani Rort`s®as*a: 3 by 'a proposed street? one Bundred.and. fiSteon C1155 factz to the ?o'= of begirming. Being Lots #• and e6 and a part of I is #3 and 41 as Showa Or, plan of °}.come Sites Subdivisioa7 Land' of. the E1m,Y TZ"ast' Salami XAsso dated August. .T:iomas :: Apfileton' C. Z:" r*cordad lith Rssax ' Sogth District $eg3 ]. of De®dsy Book 3394, Pace 6CO. por ,title see decd of Michael J: R@&rdon .et al; :eoms: of 'lica F. 'z=ertoa dated October 99 1947, recorded with said Registry of II30da,. Book 35719 Page 147. ::Also '"see deed of Donald S. Z=vrton et al. dated October 9, 1947 and recorded vith. said ?egittry of .^a i®9 Book 3571, Page 148. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ra 120 WASHINGTON STREET,31D FLOOR TSL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomm STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 5, 2013 Frank and Maria Chase c/o Laine Chase 250 Highland Avenue Salem Ma 01970 Re violations at 250 Highland Ave Mr.Chase. You were recently contacted regarding violations at your property. The first one was illegal signage, which is still displayed .You are receiving a second ticket for your failure to correct the signage. The second violation is the fact that you still have product outside of your property line on Verona Street. All of the product needs to be moved from the Public Way and placed back on your property immediately. The third violation is the lack of a working bathroom. I checked with the Plumbing Inspector,Dennis Ross and the chemical toilet is not allowed. Therefore you must correct the plumbing, supplying the building, and correct this violation within 30 days of this notice. If you ^^have any questions regarding these violations,please contact me directly. (49,-Z) Thomas St.Pierre Building Commissioner CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 451 > ' ftl 120 WASHINGTON STREET,3�FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER May 14, 2013 Maria/Frank Chase c/o Laine Chase 250 Highland Ave Salem Ma. 01970 re: violations at 250-260 Highland Ave Mr. Chase, This Department has received and confirmed a number of violations. #1 - City ordinance 4-39 and 4-47 signage-you have numerous City Ordinance sign violations, most seriously the volley pole signs or flags . You are directed to contact the Planning department ext. 5681 to address pennitting any conforming signs and you are directed to remove the volley ball flag signs immediately. #2—City Ordinance 34-124 Obstruction of Streets and alleys: conduct of sale. Once again you have moved a significant amount of pallets, loaded with stone, a swing set and other merchandise outside of your property and onto Verona Street. These items need to be removed immediately. You are also parking your trucks on Verona and we are asking Salem Police to address these issues. #3—State Plumbing Code- 248 CMR section 2.10 ( i) Employees Facilities. State Plumbing Code requires all business establishments to have bathroom facility for employees. You are receiving tickets today due to the fact that none of these issues are new and these same issues are recurring. If you have any questions, contact this Department immediately. Failure to correct these issues will result in daily fines and further enforcement actions Thomas SSt.Pierre Director of Inspectional Services/Building Commissioner Easement Agreement 051020 FINAL THIS EASEMENT AGEMENT (the "Agreement") is made and entered into as of the day of 2 4e ! 200 by and between Four-D Best Limited Partnership, a Massachusetts limited partnership, (the "Grantor") and Laine K. Chase of 63 Ober Street, Beverly, Massachusetts 01915 and his/her heirs, successors and assigns and Angel Chase- Randall of 41 Hawkes Street, Saugus, Massachusetts 01906 (collectively referred to as "Chase"). Any references herein to the "parties" shall mean the aforementioned Grantor and Chase. WITNESSETH: WHEREAS, Grantor is the owner of that certain parcel of real property located at 248 Highland Avenue, Salem, Essex County, Massachusetts and being shown as Parcel 1 (the "Grantor Parcel") on the Plan (the "Plan") attached hereto as Exhibit A, said Grantor Parcel containing 13,711 plus or minus square-feet or .32-plus or minus acres;- WHEREAS, Chase is the owner of that certain parcel of real estate located at 250-260 Highland Avenue, Salem, Essex County, Massachusetts (the "Chase Parcel") and also being shown on the Plan attached hereto as Exhibit A; WHEREAS, the Grantor intends hereby, upon the terms and conditions set forth in this Agreement, to subject the Grantor Parcel to the grant of an easement to and for the benefit of Chase; WHEREAS, prior to the date hereof, Chase has installed a 6' CHAIN LINK FENCE (the "FIRST 6CHAIN LINK FENCE") as shown on the Plan (the specifications of the 6CHAIN LINK FENCE are set forth in Section 4.A.(i) below); WHEREAS, Chase and Grantor have approved the construction of a CONIGLIARO PLAS-CRETE BLOCK SEGMENTAL WALL (the "WALL") to be located on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan; WHEREAS, Chase and Grantor have approved the construction of a second 6' CHAIN LINK FENCE (the "SECOND 6CHAIN LINK FENCE") to be located on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan; WHEREAS, Chase and Grantor have agreed that upon execution and recording of this Agreement Grantor shall, at Grantor's expense, construct the WALL and the SECOND 6' CHAIN LINK FENCE as provided in this Agreement; WHEREAS, Chase intends hereby to fulfill the terms and conditions set forth in this Agreement in order to receive and continue to have the benefit of the easement granted hereunder by the Grantor; 1 NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties hereto agree as follows: 1. Chase hereby agrees that at Grantor's sole expense, Grantor shall,through its designated contractors, agents, vendors and designees, construct the WALL on the Chase Parcel and Grantor Parcel,said WALL to be located in the approximate location of the WALL as shown on the Plan, provided, said WALL shall be constructed on both the Grantor Parcel and the Chase Parcel in accordance with the plans and specifications set forth in the September 16, 2005 letter and the September 13, 2005 plan entitled "Pias-Crete Segmental Wall Elevations", as consistent with the May 26, 2005 proposal Rizzo Associates of One Grant Street, Framingham, Massachusetts, (collectively said documents are referred to herein as the "RIZZO PLAN") a copy of which has been provided to Chase and is attached hereto as Exhibit B. Grantor agrees to undertake and complete, weather permitting, construction of the WALL in accordance with the September 13, 2005 plan and supporting documentation and the installation of the SECOND 6' CHAIN LINK FENCE within sixty (60) days of the execution of this Agreement or such additional time as may be required in the sole discretion of the Grantor due to weather conditions interfering with said construction work. Specifically, Grantor agrees to cause the construction and installation of the WALL in accordance with the specifications sef forth in the September 13, 2005 plan as part of the RIZZO PLAN, " ` said WALL to be approximately located as shown on the Plan, eighty (80) feet in length, commencing not more than forty-five (45) feet from the front boundary line of the Grantor Parcel and continuing eighty (80) feet in length towards the rear of the Chase Parcel and to be located a distance of not less than five (5) feet from the FIRST 6' CHAIN LINK FENCE shown on the Plan. Upon completion of the WALL Grantor shall obtain and provide to the Building Commissioner for the City of Salem (the "Inspector") certification from Rizzo Associates or a similar engineering company that the WALL was constructed in accordance with the specifications set forth in the September 13, 2005 plan. 2. Chase hereby grants to Grantor and its contractors, agents, vendors and designees, a temporary construction easement to enter and remain upon the Chase Parcel for purposes of planning, undertaking and constructing the WALL in accordance with the September 13, 2005 plan as supported by the RIZZO PLAN and the SECOND 6' CHAIN LINK FENCE as provided herein. In addition, Chase hereby authorizes Grantor and its contractors, agents, vendors and designees, for purposes of planning, undertaking and constructing the WALL and installing the SECOND 6' CHAIN LINK FENCE,the right to move and/or relocate Palletized Materials (as hereinafter defined), Loose Materials (as hereinafter defined) and/or other products and materials sold on the Chase Parcel, in order to facilitate Grantor's work as described above. Chase acknowledges and agrees that said work related to constructing the WALL and the SECOND 6' CHAIN LINK FENCE shall be performed during regular business hours. Grantor agrees that its contractors, agents, 2 vendors and designees constructing the WALL and SECOND 6' CHAIN LINK FENCE will make reasonable efforts to minimize the interference with the business being conducted by Chase on the Chase Parcel. Chase agrees not to interfere with Grantor's contractors, agents, vendors and designees constructing the WALL and the SECOND 6' CHAIN LINK FENCE. In the event Chase interferes with the construction and/or completion of the WALL and the SECOND 6' CHAIN LINK FENCE, this Agreement may be terminated by the Grantor by recording a Notice of Termination of Easement Agreement in the Southern District, Essex County Registry of Deeds. 3. Grantor hereby grants to Chase, for the benefit and use of Chase and its tenants, agents, employees, customers, invitees, licensees, successors and assigns, as an appurtenance to the Chase Parcel, an exclusive easement (the "Easement") over certain specified portions of the area shown as the easement area on the Plan and referred to herein as the "Easement Area" for the purposes of using that specified Easement Area in connection with any lawful business use of the adjoining Chase Parcel, provided said Chase Parcel and that portion of the Grantor Parcel subject to the Easement are improved, maintained and used by Chase in accordance with the terms and conditions set forth in this Agreement. 4. The grant of the Easement and Chase's use of the Easement Area shall be subject to the following: A. Chase shall be responsible for: (I) maintaining, repairing and replacing, on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan, as required by the Building Commissioner for the City of Salem (the "Inspector") or the Grantor,the WALL, the FIRST 6' CHAIN LINK FENCE and the SECOND 6' CHAIN LINK FENCE. Both the FIRST 6' CHAIN LINK FENCE and SECOND 6'CHAIN LINK FENCE shall be made of durable commercial quality and weight material, with steel fittings and tie wires, durable terminal and line posts, durable top, middle and bottom rails, along with a polyethylene thermoplastic or aluminum slats, covering or shield to act as a decorative and protective screen; (II) allowing the Grantor after execution and recording of this Easement Agreement to construct and install the WALL in accordance with the specifications set forth in the RIZZO PLAN and the SECOND 6' CHAIN LINK FENCE, said WALL to be approximately located as shown on the Plan, eighty (80) feet in length, commencing approximately forty-five (45) feet from the front boundary line of the Grantor Parcel and continuing eighty (80) feet in length towards the rear of the Chase Parcel and to be located a distance of not less than five (5) feet from the FIRST 6CHAIN LINK FENCE as shown on the Plan and said SECOND 6CHAIN LINK FENCE to be approximately located on the southern side of the WALL and the FIRST 6' CHAIN LINK FENCE as shown on the Plan, the front portion of the SECOND 6' CHAIN LINK FENCE to be 3 approximately eighty-five (85) feet in length, commencing at the front boundary line of the Grantor Parcel and continuing approximately eighty-five (85) feet in length towards the rear of the Grantor Parcel, ending at the WALL as indicated on the Plan and to be located a distance of not less than five (5) feet from the FIRST 6' CHAIN LINK FENCE and the WALL (except where connected to the WALL) as shown on the Plan and the rear portion of the SECOND 6' CHAIN LINK FENCE to be approximately fifteen (15) feet in length, commencing at the end of the WALL closest to the rear boundary line and continuing approximately fifteen (15) feet in length to the rear boundary line of the Grantor Parcel at the southern side of Verona Way and to be located not less than five (5) feet from the FIRST 6' CHAIN LINK FENCE as shown on the Plan; (III) periodically inspecting both the FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and the WALL and undertaking and completing, in a good, professional and workmanlike manner, any required maintenance, repairs and replacement of said FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and WALL, all at Chase's sole cost and expense; (IV) undertaking and completing such maintenance, repairs and replacement of said FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and WALL within ten (10) working days of such inspections or receipt of written notice of same from the Grantor or the Inspector; and (V) not later than the completion of the construction of the WALL and the installation of the SECOND 6' CHAIN LINK FENCE, effectuating the removal of all Palletized Materials and Loose Materials (as hereinafter defined) from the Buffer Zone (as hereinafter defined). B. Chase is strictly prohibited from using the land shown on the Plan between the SECOND 6' CHAIN LINK FENCE and the FIRST 6' CHAIN LINK FENCE, as well as between the WALL and the FIRST 6' CHAIN LINK FENCE; and any portion of the Easement Area shown on the Plan located on the northern side of the FIRST 6' CHAIN LINK FENCE (all said area collectively referred to herein as the "Buffer Zone") for the storing, placing and locating of any Palletized Materials, Loose Materials or any other materials, products or items; said Buffer Zone is to remain entirely free and clear of all materials, products or other items. C. Chase may use the Easement Area, excluding the Buffer Zone, and that portion of the Chase Parcel immediately on the southern side of the SECOND 6' CHAIN LINK FENCE and that portion of the Chase Parcel immediately on the southern side of the WALL after the end of the SECOND 6CHAIN LINK FENCE, for the storing, placing and locating of only palletized materials, products or items for sale as part of Chase's business (collectively hereinafter referred to as "Palletized Materials") or for vehicular parking, provided, said use is in compliance with specifications, if any, set forth in the RIZZO PLAN, attached hereto as Exhibit B, or orders issued by the Inspector; Chase is strictly prohibited from storing, 4 placing and locating loose or un-palletized materials, including, bricks, cinder blocks, crushed stone, sand, pellets, rocks, stone dust, debris or other loose items, materials and products (said restricted items collectively hereinafter referred to as the "Loose Materials") immediately on the southern side of the front and rear portions of the SECOND 6' CHAIN LINK FENCE and the WALL. Notwithstanding said restriction, immediately on the southern side of the SECOND 6' CHAIN LINK FENCE and extending back from the front boundary line not more than seventy (70) feet or the end of the front portion of the SECOND 6CHAIN LINK FENCE, Chase may store, place and locate firewood cut for residential use and re-sale, provided the cut firewood is stored, placed and located in compliance with the height, weight and slope specifications set forth in the RIZZO PLAN or orders issued from time to time by the Inspector; and Chase is further strictly prohibited from allowing, for any reason or under any circumstance, either Palletized Materials or Loose Materials from being placed in or falling into or being temporarily or permanently stored, placed or located within the Buffer Zone. The Easement Area, excluding the Buffer Zone, may only be used for the purposes expressly permitted herein. In the event Chase allows or causes Palletized Materials or Loose Materials or any other items, materials or products not in compliance with this Easement Agreement, to be placed or remain in or fall into the Buffer Zone,then Chase shall, without interfering with the business of the Grantor on the adjoining parcel, immediately enter into the Buffer Zone and remove any such Palletized Materials, Loose Materials or other items, materials or products not in compliance from the Buffer Zone. D. Chase is prohibited from placing any building structures and signs, either temporary or permanent, within any portion of the Easement Area. Chase shall be responsible for the maintenance and care of the Easement Area and the Buffer Zone. Such maintenance and care shall include the removal of all Palletized Materials, Loose Materials or items in violation of this Easement Agreement within the Buffer Zone as well as vegetation growing in or upon the Buffer Zone and for compliance with any orders issued by the Inspector. In the event any Palletized Materials, Loose Materials or other items are in the Buffer Zone, Chase shall be responsible at Chase's sole expense, upon notice from the Grantor or Inspector, for the immediate removal of any such Palletized Materials, Loose Materials or other items. Chase will be responsible for such removal in a manner not to interfere with the business being conducted on Grantor Parcel. Chase will be responsible for the care and maintenance of the Easement Area and in conjunction therewith will be permitted, at Chase's sole cost, to install an asphalt surface to facilitate use of the Easement Area consistent herewith, provided the Buffer Zone is not covered with asphalt surface material and further provided that the flow of surface water from the asphalted Easement Area, if any, be away from the Grantor's Parcel. In the event Chase does not undertake and complete any such removal of materials from the Buffer Zone in a timely, diligent and careful 5 manner, Grantor shall have the right to effectuate such removal and Chase shall thereupon be responsible for any and all costs incurred by Grantor for same. For the purpose of undertaking and completing such work from time to time, the Grantor, and its agents, representatives and contractors shall have a license to and may enter and remain upon the Easement Area, the Buffer Zone and the Chase Parcel E. Notwithstanding anything to the contrary contained herein, Chase shall be responsible for compliance with any and all orders issued by the Inspector, with regard to the FIRST 6' CHAIN LINK FENCE, the SECOND 6' CHAIN LINK FENCE, the WALL, the Chase Parcel and the removal of Palletized Materials, Loose Materials and other items from the Buffer Zone, which orders may be separately enforced by the Inspector. 5. _ Chase's failure to comply, for any reason or no reason, with any requirement or provision set forth in this Easement Agreement, which shall include non-compliance by any tenant of Chase with the terms hereof shall be a breach of this Agreement. In the event of such a breach, Grantor, on each occasion, shall first provide Chase with written notice of said breach, whereupon Chase shall have fifteen (15) working days to rectify and cure the breach and provide proof of same to Grantor. In the event Chase does not cure said breach in a timely manner, then Grantor shall have the right, on any such occasion or occasions, as the case may be, to either (a) terminate this Easement Agreement by providing Chase with written notice of Chase's breach and termination of the Easement Agreement and thereupon record a Termination of Easement Agreement with Southern District, Essex County Registry of Deeds or(b) after providing notice to Chase and without court order, undertake and complete such work as is required by the terms of this Agreement. If Grantor elects to terminate this Easement Agreement then Chase's right to use the Easement Area shall be automatically and forever terminated and of no further force and effect as between the parties. In addition, upon Grantor's election to terminate, said breach by Chase shall constitute a waiver and release by Chase of any and all rights, interests and claims in and to an easement or any other rights of any nature whatsoever with regard to the Easement Area. If Grantor elects to undertake and complete the work in the Easement Area, then upon notice of same to Chase, Grantor, and its agents, representatives and contractors, shall have a license to and may enter and remain upon the Easement Area, the Buffer Zone and the Chase Parcel for the purpose of undertaking and/or completing such work as is required by the terms of this Agreement. In addition, Chase shall be liable to the Grantor for any and all costs and expenses, including engineering fees, construction costs and attorney fees, related to and arising out of undertaking and completing the work required by this Agreement including the removal of Palletized Materials, Loose Materials or other items in the Buffer Zone in violation of this Agreement. Upon any such breach and Grantor's election to complete the work in the Buffer Zone, Chase shall have no further right to go upon or use the Easement Area unless and until such time as the work required by this Agreement is completed and Chase has paid Grantor in full. For any breach by Chase, Grantor shall, in addition to any 6 and all other remedies available at law or in equity, have the right and be entitled to specific performance by Chase of the covenants, agreements and obligations set forth herein, including, but not limited to, the removal and disposal of Palletized Materials, Loose Materials or other items found in the Buffer Zone in violation of this Agreement and to such other injunctive or equitable relief as may be granted by a court of competent jurisdiction.,In addition, Chase hereby unconditionally indemnifies Grantor against any and all losses or damages incurred or suffered by Grantor as a result of Chase's activities relative to the foregoing and Chase further holds Grantor harmless from and against any and all claims and causes of action, arising out of or related to Chase's failure to comply with the terms and conditions of this Easement Agreement. 6. The Easement created herein shall, subject to Chase's compliance with the terms and conditions set forth herein,be a covenant running with the land of the Grantor and Chase, and shall be binding upon and inure to the benefit of the Grantor and Chase and their respective heirs, successors or assigns. Further, Chase warrants and represents that any and all tenants of Chase occupying the Chase Parcel, now and in the future, including the Stone Works Company and the Spa& Health Company, shall comply with the terms and conditions of this Easement Agreement and that Chase indemnifies and holds Grantor harmless from and against any and all losses or damages incurred or suffered by Grantor as a result of the activities of any Chase tenants with respect to this Easement Agreement. Each of the parties hereto shall be responsible for insuring that their respective contractors, agents, vendors and designees performing work within the Easement Area shall have adequate general liability, property damage and workers' compensation insurance. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. Each party hereto acknowledges that they have had the opportunity to consult with counsel of their own choice before signing this Easement Agreement and that each party hereto has done so or in the alternative hereby acknowledges he or she voluntarily decided not to consult with counsel. 7. This Agreement may be executed in counterparts which shall collectively be deemed as one instrument. This Agreement shall not be effective until such time as it is duly recorded in the Southern District, Essex Country Registry of Deeds. This Agreement may not be amended unless and until the parties hereto, or their respective heirs, successors or assigns execute and record an amendment hereto. 8. Any notice or other communication hereunder shall be deemed to have been duly given when mailed (U.S. Mail) registered or certified mail, return receipt requested,postage and registration or certification charges prepaid or by hand delivery to the Grantor Parcel and/or the Chase Parcel, as the case may be, addressed to the then owner of the Grantor Parcel and/or the Chase Parcel, or to such other address or addresses as may from time to time be designated by the then owner of the Grantor Parcel and/or the Chase Parcel. 7 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this Agreement to be executed as of the day and year first above written. Grantor: Four-D est Limited P ership By I 5 G eral P er our-D Best, c By: Mark Paulino, President Chase: Laine K. hase Angel Chase-Randall COMMONWEALTH OF MASSACHUSETTS COUNTY: On this�: `day of r 200J before me, the undersigned notary public, personally appeared Mark Paulmo Preterit, Four-D Best, Inc., General Partner of Four-D Best Limited Partnership and proved to me, through satisfactory evidence of identification which was a Massachusetts driver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. c�xj of y Public: Commission Expires: S DC)o ............................................g S JILL R.MASON e,p"rn COmm#DD0426797 Expros SM2009 e +1® i BOOEed M(900)43242640 O h r FloeEs Notery AM-ft i 8 COMMONWEALTH OF MASSACHUSETTS COUNTY: SSG K On this 12 d y of 7 ; 200 ,, before me, the undersigned notary public, personally appeared Laine K. Ch oveNo)ne, t�l rough satisfactory evidence of identification which Van �� to e t*e person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. `j20 i Notary Public:4("f c-Vacs pS ebef- z -(" My Commission Expires: COMMONWEALTH OF MASSACHUSETTS l COUNTY: E45 e j On thisaky of 14d- t lftF.h 2004 before me, the undersigned notary public, personally appeared Angel Chas�and proved to me, through satisfactory evidence of identification which was a Massachusetts driver's license, to be the person whose name is signed on the preceding or attached document, and ackno ed to, a e ign, it voluntarily for its stated purpose. j otary 'ulia My Commission Expires: 9/5�,/Z/0 Exhibit A: Plan showing the locations of the FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE, both front and rear portions, the WALL, the Edge of Ledge, the Easement Area and improvements to Grantor Parcel Exhibit B: Rizzo Associates, September 13, 2005 Plan, September 16, 2005 letter and Conigliaro Plas-Crete Block Segmental Wall Structural Calculations for Stone Works, Salem, Massachusetts 9 EXHIBIT A { 13Nx E�SEn�EilT x �y GE OF LEDGA�' A �E�{ EDGE OF PAVEMENT o � VERONA WAY x ( 40' WIDE PAPER STREET) N (uaLL N52'21'59"E — ® r �g 94.77' x GCS y WY i 91't 19'f S>re«J�6`crf�iq G � 14.3 LAmk.T 11 E~ x d c r o x ooton �c # ® n w w qp NSF. IS / P t o R° I - 67 f CHASE � BIT. CONC. PAVEMENT 00 Z w PARCEL 1 s 1,3,711± S.F. .32 t ACRES POLE j Colic RELE CAH SPAN SIGNAL POLE BOX 103.62' —552'03'18"W BIT. CONC. SIDE WALK . ,,. BTT. BERM 200I60523003I81IIIBIkI:2559I1I IPgI11155 06/23/2006 12:38:00 OTHER Pe 1/6 Amendment to Easement Agreement060421 THIS AMENDMENT TO EASEMENT AGREEMENT (the"Agreement") is made and entered into as of the gni FFday of I\kR y ,2006, by and between Four-D Best Limited Partnership, a Massachusetts limited parte•ership, (the "Grantor") and Laine K. Chase of 63 Ober Street, Beverly,Massachusetts 01915 and his/her heirs, successors and assigns and Angel Chase- Randall of 41 Hawkes Street, Saugus,Massachusetts 01906 (collectively referred to as"Chase"). Any references herein to the"parties"shall mean the aforementioned Grantor and Chase. WITNESSETH: WHEREAS, on February 5, 2006 the G^antor and Chase made and entered into an Easement Agreement,hereinafter referred to as the"Easement Agreement"that was duly recorded in the Essex South Registry of Deeds, Commonwealth of Massachusetts in Book 25357,Page 528; WHEREAS, the Grantor has as of the date hereof completed the construction of the CONIGLIARO PLAS-CRETE BLOCK SEGMENT WALL (the"WALL'S and the SECOND 6 CHAIN LINK FENCE; WHEREAS,the parties acknowledge and agree that the WALL was located and constructed on the ground,with some portions of the WALL being closer to the FIRST 6' CHAIN LINK FENCE and the Edge of Ledge then was shown on the Plan attached to the Easement Agreement(the"Plan"); WHEREAS,the parties acknowledge that the Grantor has not obtained and provided to the Building Commissioner for the City of Salem(the"Inspector")a certification from an engineering company that the WALL has been constructed in accordance with the specifications set forth in the Easement Agreement; s WHEREAS,the parties,in consultation with the Inspector,have agreed upon certain modifications to the specifications of the WALL, namely, the drilling of holes through the blocks of the WALL to the foundation and the insertion of epoxy and steel re-bars in said holes, which modifications have been made and inspected and approved by the Inspector prior to the date of this Amendment to Easement Agreement(the"Amendment"or"Agreement'; WHEREAS,the Inspector has signed-off on the City of Salem Building Permit with regard to the construction of the WALL; WHEREAS,the parties have agreed that all capitalized terms used herein shall have the definitions as used in the Easement Agreement; WHEREAS,the parties have agreed and intend hereby to amend the Easement Agreement; 1 NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties hereto agree as follows: 1. Chase hereby agrees that at Grantor's sole expense, Grantor shall, through its designated contractors, agents, vendors and designees, construct the WALL on the Chase Parcel and Grantor Parcel, said WALL to be located in the approximate location of the WALL as shown on the Plan, provided, said WALL shall be constructed on both the Grantor Parcel and the Chase Parcel in accordance with the plans and specifications set forth in the September 16, 2005 letter and the September 13, 2005 plan entitled "Plas-Crete Segmental Wall Elevations", as consistent with the May 26, 2005 proposal Rizzo Associates of One Grant Street, Framingham, Massachusetts, (collectively said documents are referred to herein as the "RIZZO PLAN") a copy of which has been provided to Chase and is attached hereto as Exhibit B. Grantor agrees to undertake and complete, weather permitting, construction of the WALL in accordance with the September 13, 2005 plan and supporting documentation and the installation of the SECOND 6' CHAIN LINK FENCE within sixty (60) days of the execution of this Agreement or such additional time as may be required in the sole discretion of the Grantor due to weather conditions interfering with said construction work. Specifically, Grantor agrees to cause the construction and installation of the WALL in accordance with the specifications set forth in the September 13, 2005 plan as part of the RIZZO PLAN, said WALL to be approximately located as shown on the Plan, eighty (80) feet in length, commencing not more than forty-five (45) feet from the front boundary line of the Grantor Parcel and continuing eighty (80) feet in length towards the rear of the Chase Parcel and to be located a distance of not less than five (5) feet from the FIRST 6CHAIN LINK FENCE shown on the Plan. Upon completion of the WALL Grantor shall obtain and provide to the Building Commissioner for the City of Salem (the "Inspector") certification from Rizzo Associates or a similar engineering company that the WALL was constructed in accordance with the specifications set forth in the September 13, 2005 plan. 2. Chase hereby grants to Grantor and its contractors, agents, vendors and designees, a temporary construction easement to enter and remain upon the Chase Parcel for purposes of planning, undertaking and constructing the WALL in accordance with the September 13, 2005 plan as supported by the RIZZO PLAN and the SECOND 6' CHAIN LINK FENCE as provided herein. In addition, Chase hereby authorizes Grantor and its contractors, agents, vendors and designees, for purposes of planning, undertaking and constructing the WALL and installing the SECOND 6' CHAIN LINK FENCE, the right to move and/or relocate Palletized Materials (as hereinafter defined), Loose Materials (as hereinafter defined) and/or other products and materials sold on the Chase Parcel, in order to facilitate Grantor's work as described above. Chase acknowledges and agrees that said work related to constructing the WALL and the SECOND 6' CHAIN LINK FENCE shall be performed during regular business hours. Grantor arrees that its contractors, agents. vendors and designees constructing the WALL and SECOND 6' CHAIN LINK FENCE will make reasonable efforts to minimize the interference with the business being conducted by Chase on the Chase Parcel. Chase a`=rees not to interfere with Grantor's contractors, agents, vendors and designees constructing the WALL and the SECOND 6' CHAIN LINK FENCE. In the event Chase interferes with the construction and/or completion of the WALL and the SECOND 6CHAIN LINK FENCE, this Agreement may be terminated by the Grantor by recording a Notice of Termination of Easement Agreement in the Southern District, Essex County Registry of Deeds. 3. Grantor hereby grants to Chase, for the benefit and use of Chase and its tenants, agents, employees, customers, invitees, licensees, successors and assigns, as an appurtenance to the Chase Parcel, an exclusive easement (the "Easement") over certain specified portions of the area shown as the easement area on the Plan and referred to herein as the "Easement Area" for the purposes of using that specified Easement Area in connection with any lawful business use of the adjoining Chase Parcel, provided said Chase Parcel and that portion of the Grantor Parcel subject to the Easement are improved,maintained and used by Chase in accordance with the terms and conditions set forth in this Agreement. 4. The grant of the Easement and Chase's use of the Easement Area shall be subject to the following: A. Chase shall be responsible for: (I) maintaining, repairing and replacing, on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan, as required by the Building Commissioner for the City of Salem (the "Inspector") or the Grantor, the WALL, the FIRST 6' CHAIN LINK FENCE and the SECOND 6' CHAIN LINK FENCE. Both the FIRST 6' CHAIN LINK FENCE and SECOND 6' CHAIN LINK FENCE shall be made of durable commercial quality and weight material, with steel fittings and tie wires, durable terminal and line posts, durable top, middle and bottom rails, along with a polyethylene thermoplastic or aluminum slats, covering or shield to act as a decorative and protective screen; (II) allowing the Grantor after execution and recording of this Easement Agreement to construct and install the WALL in accordance with the specifications set forth in the RIZZO PLAN and the SECOND 6' CHAIN LINK FENCE, said WALL to be approximately located as shown on the Plan, eighty (80) feet in length, commencing approximately forty-five (45),feet from the front boundary line of the Grantor Parcel and continuing eighty (80) feet in length towards the rear of the Chase Parcel and to be located a distance of not less than five (5) feet from the FIRST 6CHAIN LINK FENCE as shown on the Plan and said SECOND 6' CHAIN LINK FENCE to be approximately located on the southern side of the WALL and the FIRST 6' CHAIN LINK FENCE as shown on the Plan, the front portion of the SECOND 6' CHAIN LINK FENCE to be 3 approximately eighty-five (85) feet in length, commencing at the front boundary line of the Grantor Parcel and continuing approximately eighty-five (85) feet in length towards the rear of the Grantor Parcel, ending at the WALL as indicated on the Plan and to be located a distance of not less than five (5) feet from the FIRST 6' CHAIN LINK FENCE and the WALL (except where connected to the WALL) as shown on the Plan and the rear portion of the SECOND 6' CHAIN LINK FENCE to be approximately fifteen (15) feet in length, commencing at the end of the WALL closest to the rear boundary line and continuing approximately fifteen (15) feet in length to the rear boundary line of the Grantor Parcel at the southern side of Verona Way and to be located not less than five (5) feet from the FIRST 6' CHAIN LINK FENCE as shown on the Plan; (III) periodically inspecting both the FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and the WALL and undertaking and completing, in a good, professional and workmanlike manner, any required maintenance, repairs and replacement of said FIRST 6CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and WALL, all at Chase's sole cost and expense; (IV) undertaking and completing such maintenance, repairs and replacement of said FIRST 6' CHAIN LINK FENCE, SECOND 6' CHAIN LINK FENCE and WALL within ten(10) working days of such inspections or receipt of written notice of same from the Grantor or the Inspector; and (V) not later than the completion of the construction of the WALL and the installation of the SECOND 6' CHAIN LINK FENCE, effectuating the removal of all Palletized Materials and Loose Materials (as hereinafter defined) from the Buffer Zone (as hereinafter defined). B. Chase is strictly prohibited from using the land shown on the Plan between the. SECOND 6CHAIN LINK FENCE and the FIRST 6' CHAIN LINK FENCE, as well as between the WALL and the FIRST 6' CHAIN LINK FENCE, and any portion of the Easement Area shown on the Plan located on the northern side of the FIRST 6' CHAIN LINK FENCE (all said area collectively referred to herein as the "Buffer Zone") for the storing, placing and locating of any Palletized Materials, Loose Materials or any other materials, products or items; said Buffer Zone is to remain entirely free and clear of all materials, products or other items. C. Chase may use the Easement Area, excluding the Buffer Zone, and that portion of the Chase Parcel immediately on the southern side of the SECOND 6' CHAIN LINK FENCE and that portion of the Chase Parcel immediately on the southern side of the WALL after the end of the SECOND 6' CHAIN LINK FENCE, for the storing, placing and locating of only palletized materials, products or items for sale as part of Chase's business (collectively hereinafter referred to as "Palletized Materials") or for vehicular parking, provided,.said use is in compliance with specifications, if any, set forth in the RIZZO PLAN, attached hereto as Exhibit B, or orders issued by the Inspector; Chase is strictly prohibited from storing, 4 placing and locating loose or un-palletized materials, including, bricks, cinder blocks, crushed stone, sand, pellets, rocks, stone dust, debris or other loose items, materials and products (said restricted items collectively hereinafter referred to as the "Loose Materials") immediately on the southern side of the front and rear portions of the SECOND 6' CHAIN LINK FENCE and the WALL. Notwithstanding said restriction, immediately on the southern side of the SECOND 6' CHAIN LINK FENCE and extending back from the front boundary line not more than seventy (70) feet or the end of the front portion of the SECOND 6' CHAIN LINK FENCE, Chase may store, place and locate firewood cut for residential use and re-sale, provided the cut firewood is stored, placed and located in compliance with the height, weight and slope specifications set forth in the RIZZO PLAN or orders issued from time to time by the Inspector; and Chase is further strictly prohibited from allowing, for any reason or under any circumstance, either Palletized Materials or Loose Materials from being placed in or falling into or being temporarily or permanently stored, placed or located within the Buffer Zone. The Easement Area, excluding the Buffer Zone, may only be used for the purposes expressly permitted herein. In the event Chase allows or causes Palletized Materials or Loose Materials or any other items, materials or products not in compliance with this Easement Agreement, to be placed or remain in or fall into the Buffer Zone, then Chase shall, without interfering with the business of the Grantor on the adjoining parcel, immediately enter into the Buffer Zone and remove any such Palletized Materials, Loose Materials or other items, materials or products not in compliance from the Buffer Zone. D. Chase is prohibited from placing any building structures and signs, either temporary or permanent, within any portion of the Easement Area. Chase shall be responsible for the maintenance and care of the Easement Area and the Buffer Zone. Such maintenance and care shall include the removal of all Palletized Materials, Loose Materials or items in violation of this Easement Agreement within the Buffer Zone as well as vegetation growing in or upon the Buffer Zone and for compliance with any orders issued by the Inspector. In the event any Palletized Materials, Loose Materials or other items are in the Buffer Zone, Chase shall be responsible at Chase's sole expense, upon notice from the Grantor or Inspector, for the immediate removal of an), such Palletized Materials, Loose Materials or other items. Chase will be responsible for such removal in a manner not to interfere with the business being conducted on Grantor Parcel. Chase will be responsible for the care and maintenance of the Easement Area and in conjunction therewith will be permitted, at Chase's sole cost, to install an asphalt surface to facilitate use of the Easement Area consistent herewith, provided the Buffer Zone is not covered with asphalt surface material and further provided that the flow of surface water from the asphalted Easement Area, if any, be away from the Grantor's Parcel. In the event Chase does not undertake and complete any such removal of materials from the Buffer Zone in a timely, diligent and careful 5 manner, Grantor shall have the right to effectuate such removal and Chase shall thereupon be responsible for any and all costs incurred by Grantor for same. For the purpose of undertaking and completing such work from time to time, the Grantor, and its agents, representatives and contractors shall have a license to and may enter and remain upon the Easement Area, the Buffer Zone and the Chase Parcel. E. Notwithstanding anything to the contrary contained herein, Chase shall be responsible for compliance with any and all orders issued by the Inspector, with regard to the FIRST 6' CHAIN LINK FENCE, the SECOND 6CHAIN LINK FENCE, the WALL, the Chase Parcel and the removal of Palletized Materials, Loose Materials and other items from the Buffer Zone, which orders may be separately enforced by the Inspector. 5. Chase's failure to comply, for any reason or no reason, with any requirement or provision set forth in this Easement Agreement, which shall include non-compliance by any tenant of Chase with the terms hereof shall be abreach of this Agreement. In the event of such a breach, Grantor, on each occasion, shall first provide Chase with written notice of said breach, whereupon Chase shall have fifteen (15) working days to rectify and cure the breach and provide proof of same to Grantor. In the event Chase does not cure said breach in a timely manner, then Grantor shall have the right, on any such occasion or occasions, as the case may be, to either (a) terminate this Easement Agreement by providing Chase with written notice of Chase's breach and termination of the Easement Agreement and thereupon record a Termination of Easement Agreement with Southern District, Essex County Registry of Deeds or (b) after providing notice to Chase and without court order, undertake and complete such work as is required by the terms of this Agreement. If Grantor elects to terminate this Easement Agreement then Chase's right to use the Easement Area shall be automatically and forever terminated and of no further force and effect as between the parties. In addition, upon Grantor's election to terminate, said breach by Chase shall constitute a waiver and release by Chase of any and all rights, interests and claims in and to an easement or any other rights of any nature whatsoever with regard to the Easement Area. If Grantor elects to undertake and complete the work in the Easement Area, then upon notice of same to Chase, Grantor, and its agents, representatives and contractors, shall have a license to and may enter and remain upon the Easement Area, the Buffer Zone and the Chase Parcel for the purpose of undertaking and/or completing such work as is required by the terms of this Agreement. In addition, Chase shall be liable to the Grantor for any and all costs and expenses, including engineering fees, construction costs and attorney fees, related to and arising out of undertaking and completing the work required by this Agreement including the removal of Palletized Materials, Loose Materials or other items in the Buffer Zone in violation of this Agreement. Upon any such breach and Grantor's election to complete the work in the Buffer Zone, Chase shall have no further right to go upon or use the Easement Area unless and until such time as the work required by this Agreement is completed and Chase has paid Grantor in full. For any breach by Chase.. Grantor shall. in addition to any 6 and all other remedies available at law or in equity, have the right and be entitled to specific performance by Chase of the covenants, agreements and obligations set forth herein, including, but not limited to, the removal and disposal of Palletized Materials, Loose Materials or other items found in the Buffer Zone in violation of this Agreement and to such other injunctive or equitable relief as may be granted by a court of competent jurisdiction. In addition, Chase hereby unconditionally indemnifies Grantor against any and all losses or damages incurred or suffered by Grantor as a result of Chase's activities relative to the foregoing and Chase further holds Grantor harmless from and against any and all claims and causes of action, arising out of or related to Chase's failure to comply with the terms and conditions of this Easement Agreement. 6. The Easement created herein shall, subject to Chase's compliance with the terms and conditions set forth herein, be a covenant running with the land of the Grantor and Chase, and shall be binding upon and inure to the benefit of the Grantor and Chase and their respective heirs, successors or assigns. Further, Chase warrants and represents that any and all tenants of Chase occupying the Chase Parcel, now and in the future, including the Stone Works Company and the Spa & Health Company, shall comply with the terms and conditions of this Easement Agreement and that Chase indemnifies and holds Grantor harmless from and against any and all losses or damages incurred or suffered by Grantor as a result of the activities of any Chase tenants with respect to this Easement Agreement. Each of the parties hereto shall be responsible for insuring that their respective contractors, agents, vendors and designees performing work within the Easement Area shall have adequate general liability, property damage and workers' compensation insurance. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. Each party hereto acknowledges that they have had the opportunity to consult with counsel of their own choice before signing this Easement Agreement and that each party hereto has done so or in the alternative hereby acknowledges he or she voluntarily decided not to consult with counsel. 7. This Agreement may be executed in counterparts which shall collectively be deemed as one instrument. This Agreement shall not be effective until such time as it is duly recorded in the Southern District, Essex Country Registry of Deeds. This Agreement may not be amended unless and until the parties hereto, or their respective heirs, successors or assigns execute and record an amendment hereto. 8. Any notice or other communication hereunder shall be deemed to have been duly given when mailed (U.S. Mail) registered or certified mail, return receipt requested, postage and registration or certification charges prepaid or by hand delivery to the Grantor Parcel and/or the Chase Parcel, as the case may be, addressed to the then owner of the Grantor Parcel and/or the Chase Parcel. or to such other address or addresses as may from time to time be designated by the then owner of the Grantor Parcel and/or the Chase Parcel. 7 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this .Agreement to be executed as of the day and year first above written. Grantor: Four-D Best Limited P nership By Its G eral Partner our.D Best,/Inc f/l ' l Mark Paulino, President Chase: Laine K. hase j ) jr 1 - Angel Chase-Randall COMMONWEALTH OF MASSACHUSETTS COUNTY:�lj-ll �.P/z%�_ On this day of — 204 before me, the undersigned notary public, personally appeared Mark Paulinnt, Four-D Best, Inc., General Partner of Four-D Best Limited Partnership and proved to me, through satisfactory evidence of identification which was a Massachusetts driver's license, to be theperson whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. -a �OUYI"- V ryPublic: ommission Expires: S I I 00 q ............................................. 1 JILL R.MASON mar� CommO DD0426797 (fg EXPM 502009 I ;�l® Bor dod m(800)432-4264: %,°, t { Flanoa No�y Mtn..I= .•..•..l ........:............................ 8 COMMONWEALTH OF MASSACHUSETTS COUNTY: On this 112 day of7 . 204 before me, the undersigned notary public, personally appeared LaineLK. e an p owed o}ne, t!yo yh[ satisfactory evidence of ` S �- `"'�` `tome tfe person whose name is signed identification which v�a on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public:arc-rcu�^c7 h lvcl«i1( My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY: EL / On thisirky of .TQ 1)94A 2006, before me, the undersigned notary public, personally appeared Angel Chase-Raddall and proved to me, through satisfactory evidence of identification which was a Massachusetts driver's licen e, to be the person whose name is signed on the preceding or attached document, and ackno ed to a e ign it voluntarily for its stated purpose. otary u lic: My Commission Expires: 9hv//�/D Exhibit A: Plan showing the locations of the FIRST 6' CHAIN LINK FENCE,.SECOND 6' CHAIN LINK FENCE, both front and rear portions, the WALL, the Edge of Ledge, the Easement Area and improvements to Grantor Parcel Exhibit B: Rizzo Associates, September 13, 2005 Plan, September 16, 2005 letter and Conigliaro Plas-Crete Block Segmental Wall Structural Calculations for Stone Works, Salem. Massachusetts 9 EXHIBIT A f i' c 6,X x �AsE,v+E,�T X712GE OF LEDGE AEq EDGE OF PAVEMENT _ I VERONA WAY Ln ( 40' WIDE PAPER STREET) N WALL CURB N52'21'59"E — 03 x 94.77' c E' i � 5 19'f wv S �6t CM�ia 14.S x y Ccn 0041C, a� O a c mx A # `� WP WU• _ KIFo p w x - 67'± CHASE � Z 7 14.4 J ¢ � •W Y W N OLo � -; M17 " BTT. CONC. PAVEMENTto s PARCEL 1 � s 13,711± S.F. .32 ± ACRES 40 FLAG r 7 POLE �6. CONCRETUP.BE C r SPAN SIGN BOXY 103.62' S52'03' W BTT. CONC. u � A WALK BTT. BERM � 10/24/03 FRI 14:58 FAX 9787400072 JOHN D KEENAN 10003/003 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Sa LC7^30rv-'7 b Y'T'TL,M T l Plaintiff - V• - NO. 02, -G/L-- c� L3>3 (,gLI1V Defendant STIPULATION The undersigned parties hereby Dstipulate r and agree as follows : n W:1 i—,k- zA coPL4 rpt` so f v--e oar U 3 1 1 C•/VXJYL4— &Aj - Cnu J&c ( <'on `{ xAA Vt 6w� reVVAt&) ()cAob,r2-�, zao, . ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A H ING ON MY CASE BEFORE A GE, BUT xNSTEAD T CHOOSE TO SI IS AGREEMENT Si d and da ed byP],a CA, � Signe n dated by Defendant P int ff' s Attorneyj9__�(.,_ Def n ' s Attorney Housing Specialist �{J�•'1 Judge David D. Kerman Jonathan A. Paleclogos COPIES (GIVEN) (MAILED) TO PARTIES ON a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON$"PREHT+ SALEM,MASSACFNSfi'1'I'S 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 June 4, 2008 Patrick Osgood Osgood Stone Works 250 Highland Avenue Salem, MA 01970 Dear Mr. Osgood; This letter is to speak to the disposition of the many Building Code and Zoning Issues that involve the aforementioned property. Over the last year or so we have worked together to bring this property into compliance. As you are well aware this property had numerous issues when you took it over. Namely, multiple Building Code violations within the main structure, not the least of which included the connection of the Electrical service to the structure, improperly installed wiring to operate the hot tubs, damage to the structure as the result of a previous fire, questionable materials storage (lacking Bollards), and collapsing fences. At this time, you have ended any on-going zoning issues, namely the enchroachment on Verona Avenue, signs, and fencing. Bollards have been installed to protect the public from collapsing materials stored on site. Permits have been issued for the Code required corrections, and though some of this work (construction of offices on the second floor,) is still underway, this same is currently up to date on the required inspections. This office would like to thank you for your efforts to alleviate the neighborhood concerns, and bring this business into compliance with both the code and the local Ordinances. It is great to see this business become an asset to this city. Sinctt ely,,,��rr eph E. Barbeau, r. Assistant Building Inspector/Local Inspector CC: file CRIMINAL COMPLAINT 0736CR000290 Trial Court of Massachusetts DEFENDANT OSGOOD, PATRICK M Salem District Court 44 FOX RUN ROAD TOPSFIELD, MA 01983 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 05/28/1973 M W 6'00" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth,on oath complains that on the date and at 024-64-6727 the location stated herein the defendant did commit the DATE OF OFFENSE PLACE OF OFFENSE offense(s)listed below. 09/13/2006 SALEM COMPLAINANT POLICE DEPAt T ST PIERRE, THOMAS _ - >SAL-E — - - DATE OF COMPLAINT R -FIiRN[}RTB„\gND TIME01/25/2007 03/07/20079:OOAM �� �COUNT-OFFENSE -- 1. 40/21/8 MUNICIPAL BY-LAW OR ORDINVIOLATION c40 § on 09/13/2006 did CONTINUE T$ §21. (PENALTY:not more than$300.)VIOLATE CITY SIGN ORDINANE,in violation of a municipal ordinance or by-law of SALEM adopted pursuant to G.L.c.40, COUNT-OFFENSE 2. 40/21/B MUNICIPAL BY-LAW OR ORDINANCE VIOLA�amuni�� on 09/13/2006 didCONTINUE TO OCCUPY VERONA STREET,in violation of cipal ordinance or by-law of SALEM adopted pursuant to G.L.c.40,§21. (PENALTY:not more than$300.) COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT ���SWORNBEFORE CLERK-MAGISTRATE X ON(DATE) TOTAL COUNTS FIRST JUSTICE 2 COURT Salem District Court Hon. Robert A. Cornetta ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X (situ of i$tt1Em, fttssar4uutts Publir Prupertp Department Nuilbing Department (ane #alem (5reen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building ,lune 15 , 1995 Zoning Enforcement Officer Laine Chase 260 Highland Avenue Salem, Mass . 01970 RE : 260 Highland Avenue Dear Mr . Chase : On May 18 , 1995 a letter was sent to you with violations concerning the above mentioned property. A follow up inspection was conducted and to this date the violations have not been completed. If this office does not see any progress within the next fifteen ( 15 ) days , court action will be taken against you . Please give this office a call to update this matter or to inform us of reasons why these violations have not been corrected . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Councillor O' Leary, Ward 4 Larissa Brown Certified Mail # P 921 991 748 3-05-1998 4:43PM FROM ELECTRIC_DEPT_ 508 745 4638 P. 1 CITY OF SALEM, MASSACHUSETTS ELECTRIC DEPARTMENT (47&3 44 LAFAYETTE STREET SALEM, MA 01970 TEL. (976) 745-6300 FAX (978) 745.4638 STANLEY J. USOVICZ, JR. MARK ROCHON, WIRE INSPECTOR MAYOR TO: SPA&HEARTH ATTN: LAINE CHASE 250 HIGHLAND AVF.. SALEM,MA 01970 FROM; MARK ROCHON,WIRE INSPECTOR SUBJECT 250 HIGHLAND AVE- METER SOCKET DATE; APRIL 16,2003 DFAR L.AINE CHASE, ENCLOSED IS A COPY OF A LETTER CONCERNING A REFUSAL TO PULL A PF,,RMIT FROM"CHIS OFFICE FOR THE WORK DONE TO YOUR BUSINFSS BY EXPRESS ELECTRIC UNLIMITED AS WE DISCUSSED ON JANUARY 13,2003, A COMPLAINT FORM HAS BEEN FILLED OUT AND SENT TO THE STATE CON- CERNING EXPRESS ELECTRIC UNLIMITED/EXPRESS HOME SERVICES OF WESTFORD/ FVERETT,MA. IF YOU HAVE ANY QUESTIONS, PLEASE'CONTACT ML AT MY OFFICE. YOURS TRULY, t MARK ROCHON WIRE INSPECTOR CC: BUILDING INSPECTOR-FAXED 978 740 9846 F•IRF PRTVFNTTON rAXED 078 745 0402 HEALT)I DET F - FAXED 978 745 0343 t yev��COND�tTAcp TitU of 14$, ttlrm, Aassar4usetts mss; f�a Department of Publir 3eruires 9�ciMms°e (ane 3nlem Green 745-9595 Ext. 321 CHARLES F.QUIGLEY City Engineer Director of Public Services July 12, 1996 Laine Chase Laine Industries 250 Highland Ave Salem,MA 01970 Dear Mr. Chase: w It has come to my attention that City Water Department employees recently shut off water to the above property at the curb stop. I understand that the water has been turned back on. This is an unauthorized taking of water and subject to fine and penalties. You are hereby notified that untill further notice you are to cease and desist taking City of Salem water. You are here by ordered to pay a fine of $500.00 as authorized by City Ordinace(32-18). Further the following amounts for unauthorized water and sewer use are due and payable to the City of Salem: YEAR AMOUNT DUE FY 95 30 CF/DAY X 365= 10,950 CF @$5.13 PER CCF= $ 561.74 FY 96 30 CF/DAY X 365= 10,950 CF @ 5.42 PER CCF= 593.49 FINE 500.00 TOTAL DUE $ I,655.23 I have ordered Water Department Employees to shut the water off at the curb stop and seal the stop. Si r � 4 L- kl Christopher Kent Water Registrar/Business Manager cc: H. Jiadosz, C.F. Quigley, R.Ledowy, L. T+emblay,N. LaPointe, J. Scott,D. Charette Chit of 3ttlem, ttosttrl�uortts Publir 11ropertg Department Nuilbing i3epurtment (ane *slem (5rren 508-715-9595 fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 13 , 1997 Laine , Chase 250 Highland Ave . Salem"MA. 01970 i Dear Mr . Chase : Listed below are violations that need to be corrected prior to your September court hearing. 1 . Verona street must be cleaned of all debris caused by your moving of stock piles . 2 . All encroachment on paper street off of Verona must be cleaned of all debris . 3 . All sheds and trailers must be removed and or made safe, and cleaned of all debris on the interior. 4 . All debris must be removed from chain link fence . 5 . All I,wood piles must be feet ( 101 ) from other buildings . 6 . Remove all unregistered vehicles from property. 7 . Make all necessary repairs to fiife damaged building. 8 . Have certificate of inspection updated to confmrm. Please contact this office should you have any questions regarding the above . Very tr y ours , Leo E . Tremblay Directorlof Pub 7C Property cc : Councillor O ' leary, Ward 4 John Keenan, Esq. i i SENDER: • Complete items 1 and/or 2 for additional services. I also Wish to receive the • Complete items 3,and 4a s IT. following services(for an extra • Print your name and address an the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back it space does not permit. • Write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the CODSDt date of delivery, postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 748 Laine creat;,. 4b.Service Type 260 fit. Aad Avanuc Shier r �_ 1i?iU CERTIFIED 7.Date of Delive6ry 5.Signature d ressee) 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signature—(Agent) - Lm 3811,November 1990 DOMESTIC RETURN RECEIPT Jnited States Postal Service II I I II Official Business PENALTY FOR PRIVATE USE,$300 Illuuulllrlulu�����uull�lnrlu��l�lu�lrull INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 I / ARTICLE P 921 991 723 UNE i. ' Laine Chase NUMBER 260 Highland Avenue Salem, Mass. 01900 t FOLD AT PERFORATION t WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. M A I I f G.., CIILJI'I ARTICLE • P 921 991 748 UNE i. I NUMBER Laine Chase 260 Highland Avenue Salem, Mass. 01970 t FOLD AT PERFORATION t -> 'tl WMLZ INSERT IN STANDARD#10 WINDOW ENVELOPE. '? ( E R I I E I E D ^ M A I I E R CI'LJII' F NAGE ""iPOSTMARK OR DATE 0 r RETURN SHGW TG WHDM,DATE ANo/ RESTRICTEo RECEIPT ADDRESS OF DELIVERY' DELIVERY ;Y' / O SERVICE OERNFIED FEE+RETURN REGF"T G] TOTAL POSTAGE AND FEES D N SONS RANCE CWER G — W SENT TO '7151 NOT FOR INTERNMONAL MAILLLO ISU �Q LL ra Or Z� Laine Chase gA 250 Highland Avenue wLL r-q ru Salem, Mass. O1970 r w Q- EL U . gw, PS FORM 3800 - z RECEIPT FOR CERTIFIED M�It 0 ronu s¢—ce STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. & Save this receipt and present it if you make inquiry. r" � ����� � � � � ' ��n � 3 � ' i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affm to back of article.Endorse,front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P ',,a I POSTMARK 00 DATE or RETURN SHOW TO WHOM,DATE AND RESTRICTED - W REGEIPT ADDRESS OF DEUvEw oEWERv G. SERVICE CEFIRRED FEE+RETURNpECEIPT Wy TOTAL POSTAGE PND FEES D yj m wru rc NO INSURANCE COVERAGE PROVIDED— SENT TO[ NOT FOR INTERNATIONAL MAIL W 0 [ O¢ aZ Er Laine Chase tip 2613 Highland Avenue a Salem, Mass. 01900 v° wru yx 5 Er PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL i a M6AL SEMICE United States Postal Service S Official Business r PENALTY FOR PRIVATE USE,$300 Illuuulll�lnlu�lllmn�l��mlul�l�lullu�ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER: I also wish to receive the Complete items 1 and/or 2 for additional services. • Complete items 3,and as&b. following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this cab to you. 1. El Addressee's Address • Attach this form to the Front of the mailpiece,or on the back if space does not permit. • Write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the dale of delivery. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 723 i,nine Cope, c.'(u0 i31r;t,1wid Avenue 4b.Service Type ii11C n "'+1.•1:5. G'i Jiii!,} CERTIFIED 7.Date of Dolly ry 5.Signature— dd V s - 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signature—(Agent) PS Form 3811!November 1990 DOMESTIC RETURN RECEIPT x m CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 314 Essex Street Salem, Massachusetts 01970 15 Church Street 508-741-2111 508.744-8500 VIA FAX & FIRST CLASS MAIL: 508-741-4473 August 26, 1997 Matthew J. Kavanagh, Esq. 14 Mayi Street Salem, Massachusetts 01970 RE. Laine Chase Property on HighlandAvenue Dear Matt: I Please find attached itemization from the Building Inspector what he expects to be completed by our next court date on September 9, 1997. I have provided a copy to the Health Department as well and expect them to provide any additional items. Driving by the property last week, I noticed a new mountain of cobblestone which also appeared to be placed out back near/on Verona Street—certainly where he was supposed to push encroachment off City property. Please remind Mr. Chase of his need to complete these items. I would like to schedule an inspection for Monday, September 8'h to review the property with Inspector Tremblay and Health Agent Scott. Please contact me at your convenience so that we may arrange same. I Thank you for your attention to this matter. Vecy best�egards, Jo D. Keenan JDK/kjm Enc. CC. Leo Tremblay, Bldg. Inspector Joanne Scott, Health Agent Leonard O'Leary, Ward Four Councilor d �> l'i � � k � �,�-- �I��� Gµ11 . A 3 Chit of *ttlPm, Attssarllusetts Publir Properttl Bepartment Nuilaing Department (One 6alrm Tarn 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 9, 1996 Laine Industry 250 Highland Avenue Salem, Mass . 01970 777—� RE 250 Hig'hland Avenue- ` Dear Mr. Laine : On July 8 , 1996 at approximately 6 : 45 p .m. , I was notified by the Salem Fire Department of a fire damaged building located at the above mentioned location . I inspected said building on July 8, 1996 at 6 : 45 p .m. and found that the building would probably be condemned and made you aware at this time, and notified you at the time to secure the building as soon as the Fire Department would allow it to be done, and that I would return the morning of July 8 , 1996 to complete my inspection. On July 9 , 1996 at 9 : 30 a.m. I returned to the above mentioned structure and found it to be unsafe and dangerous , and have posted said building. The structure was posted under authority granted in Article 780 CMR, Section 123 . 1 and 123 . 2 of the Massachusetts State Building Code . This unsafe structure must be removed immediately. Please contact this office upon receipt of this letter as to your course of action in this matter. I Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of BiYildings LET: scm cc: David Shea Councillor O ' Leary, Ward 4 d ` o CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR a SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT June 16, 2002 Lane Chase 250 Highland Avenue Salem, MA 01970 Dear Ms. Chase: In response to complaints from neighbors, on February 27, 2002, Tom St. Pierre, Building Inspector; Frank Preczewski, Fire Prevention Officer; and Joanne Scott, Health Agent; met with you at 250 and 260 Highland Avenue to inspect conditions at these properties. At that time piles of dirt with large quantities of wooden and metal debris were noted in the rear and sides of the property. Also observed were unregistered vehicles and discarded items. This inspection and violations noted are in accordance with the following regulations and codes: Fire Massachusetts General Laws, Chapter 148, section 24, 527 CMR Board of Fire Prevention Regulations 10.03 Building Salem General Ordinance 24-21, fine up to $300 per day State Building Code 780 CMR section 103.1, fine up to $1000 per day Health Mass General Law C. 111, s 122 & s 123, fine up to $1000 per day Mass General Law C. 111, s. 150A, and 310 CMR 16.06, fine or penalty up to $25,000 per day and/or imprisonment up to two years in a House of Correction. Therefore, you are ordered to remove all waste material and unregistered vehicles on the property at 250 and 260 Highland Avenue, including that material that has encroached upon adjacent city property, within one week of receipt of this order. At the time of inspection you agreed that all such removal could and would be accomplished by May 1, 2002. Should you be aggrieved by this Order, you have the right to request a hearing before the Board!of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, and other documentary information in the possession of this Board and the Fire and Building Departments, and that any adverse party has the right to be present at the hearing. Sincerely yours, Joanne Scott Tom St. Pierre Frank Preczewski Health Agent Building Inspector Fire Prevention Officer CC: John Keenan, City Solicitor Thomas Philbin, Mayor's Chief of Staff Leo Jodoin, Ward 4 Neighborhood CERTIFIED MAIL 7001 1140 0000 6731 2612 i i "S QDW (situ of �ttlem, mttssttcliusetts Public Prapertg Department Nuilaing Department (One dalem Green 588.745.9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 9 , 1996 Laine Industry 250 Highland Avenue Salem, Mass . 01970 RE : 250 Highland Avenue Dear Mr . Laine: On July 8 , 1996 at approximately 6 : 45 p.m. , I was notified by the Salem Fire Department of a fire damaged building located at the above mentioned location. I inspected said building on July 8 , 1996 at 6 : 45 p .m. and found, that the building would probably be condemned and made you aware at this time, and notified you at the time to secure the building as soon as the Fire Department would allow it to be done, and that I would return the morning of July 8 , 1996 to complete my inspection. On July 9 , 1996 at 9 : 30 a .m. I returned to the above mentioned structure and found it to be unsafe and dangerous , and have posted said building. The structure was posted under authority granted in Article 780 CMR, Section 123 . 1 and 123 . 2 of the Massachusetts State Building Code . This unsafe structure must be removed immediately. Please contact this office upon receipt of this letter as to your course of action in this matter . 1 r Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay// Inspector of B ildings LET: scm cc: David Shea Councillor O ' Leary, Ward 4 Y r '344 7, i/S Postal Service 'Receipt for Certified Mail . ___Noinsurance Coverage Provided. ' Do not use for international Mail See reverse }1 Ser4sq4�,1 L �it�r r s7aa&Nurn rGK��1�uD �c ITY,OF SALEM BOARD OF HEALTH Post ollim.S�,&ZIP a o � � I: ;errj -,Massachusetts!01970- 928 Postage $ i NINE NORTH STREET Tel:(508)741-1800 -- _ ------�--HEALTH AGENT--- — Fax:(508)740-9705 January 31, 1997 Laine Chase 250 Highland Avenue Salem, MA. 01970 Dear Mr.Chase: :ark January 22, 1997,Sanitarian, Mark Tolman inspected your premises in response to a complaint Concerning cement, wood,wooden pallets and othar discarded ftems at 250 Highland Aventi.I i -••_r. The following ftem3 were noted in the southwest corner of your premises parallel to Verona Avenue and your rear property line;cement, wood, wooden pallets, a large Santa Claus, a 275 gallon tank, metal frames, roofing shingles, fencing,tires, a windshield, plastic bags, Christmas tree dirt and mulch and other debris. These ttprr s constittrte debris,rubbish,and refuse and cause you to be inviolation of Massachusetts General Laws Chapter III,Sec tion:150A, Massachusetts General Laws Chapter 270,•Section 16 and State Sanitary Code:410.602. You ale hereby ordered to remove all debris from your premises withinfourteen(14)days and to maintain the premises free from such debris. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Northeast Housing Court and may result in a fine of up to$25,000 per day. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documi:ntary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. If you have any questions please call me. ;anne theBoard of H fth: Reply to: Scott Mark Tolman i_,earth Agent Sanitarian cc: Councillor Leonard O'Leary Dan Geary, Mayor's Office Leo Tremblay, Building Inspector Certified Mail # 544 343 494 Delivered in Hand by Constable Mark Tolman on Monday, February 3, 1997. JS/sik cwn rwld DOCKET NO. CRIMINAL COMPLAINT (COPY) 9736 CRI103 COURT ONISI�h , Trial Court of Massachusetts �^- NAME,ADDRESS AND ZIP CODE OF DEFENDANT District Court Department zA _1 W F Laine ca►aae TO ANY JUSTICE OR CLERK-MAGISTRATE 230 Highland Ave. OF THE DISTRICT COURT DEPARTMENT: Sa1ee.HA, 01970 The undersigned complainant, on behalf of the L �Q co/ T J Commonwealth,on oath complains that on the date and at the DEFT.DOR AND-SEX OFFENSE CODEIs) location stated herein the defendant did commit these(S) TOffen listed below. 'J DATE OF OFF NSE S PLACE OF OFFENSE Izt xJ�6 zs© Rikguland Ave :COMPLAINANT POLICE DEPARTMENT ff p licable) it Cy of Sales Cie comp/Salem DATE OF COMP T RETURN DAT AND TIV.E t� l32f9E 4l 2191 at 9zooem iptH / COUNj-OFj�jD�I� SPECZlON 123 .1 AA ; ng informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or or torn is unused- uninhabited or abandoned and open to the weather shall i s; apect the same; if it appears to his to be dangerous, or to make it secure if it in unused. uninhabited or abandoned and open to the weather. If it a pears that such structure would be especially unsafe in case of fire it aAall be deemed dangerous COU OFFNSE S IMSTRII�XW RQ9IpMEM 3003 3 When the strangtti and adequacy of any scaffold ar other device or con- struction equipment is in doubt or when any complaint is made, the buildingT1 official shall Inspect such equipment and shall prohibit its use until tested as required i;n Section 3002 .2 or until all danger is moved COUN -OFFENSE .111A=78Ii"Cffi 31104 Q 41As ruc ani a apmea an sa egnas s shall be constructed :Iasialled and maintained in a Substantial manner and shall bm les eperated as :to itiaure. .. protection to ths: eoekers engaged. thereen andto the general public . Tt Shall be unlawgui LO resloae or render inoperative any structural. fire protection or sanitary as or device herein required except_ rhan necessary for the actual installation and prosecution of the work-. . COUNT-OFFENSE I - _ 97 ,s31� COMP. �T ✓ SWORN TO BEFORE CLERK- - Jp! MAGISTRATE/ASST.CLERK oN(DnTE) /lot, ADDITIONAL COUNTS ATTACHED FIRSTJ ( UBL $_ gO COURT ADDRESS Sales* MA 01970-35 a 6¢ lfaah}n,gt6n Strile A TRUE CLERKMAGISTRATE/ASST.CLERK OP{(DATE) ATTECOPy ATTEST: /� CITY OF SALEM - MASSACHUSETTS City Solicitoritor ROBERT A. Legal Department JOHN D. KEENAN soe-Tat-zttt 93 Washington Street Assistant city solicitor Salem, Massachusetts 01970 509-745-7710 April 23, 1997 Mr. Laine Chase 250 Highland Avenue Salem, MA 01970 RE: Commonwealth v. Laine Chase Salem District Court 9736 CR 1103 Dear Mr. Chase: As Assistant City Solicitor, I prosecute enforcement/zoning issues on behalf of the City of Salem. As you know the above captioned matter has been scheduled for Pre Trial Hearing on May 6, 1997. Please give me a call or have your attorney contact me prior to the hearing if you want to discuss this matter. If you intend to rectify these issues prior to the hearing, please contact Building Inspector Leo Tremblay as well. Thank you for your attention to this matter. Very best regards, Jo D. Keenan JDK/ds CC. Leo Tremblay, Building Inspector Leonard O'Leary, Ward Four Councilor r\ I CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D. KEENAN City solicitor 93 Washington Street Assistant city Solicitor 508-741-2111 Salem, Massachusetts 01970 508-745-7710 April 23, 1997 Leo Tremblay, Bldg. Inspector One Salem Green, 2nd Floor Salem, Massachusetts 01970 RE: Commonwealth v. Laine Chase Salem District Court 9736 CR 1103 Dear Leo: Mr. Chase was arraigned on this matter, Tuesday, April 22, 1997. The case has been marked for Pre Trial Conference on May 6, 1997. Please let me know if he contacts you or rectifies the situation prior to May 6th. Also, do we have photos from December 31, 1996 - the date of the offense? If we need to proceed on May 6th, it would also be helpful to have recent comparison photos. Talk to you soon. Very best regards, John . Keenan JDK/ds CC. Leonard O'Leary, Ward Four Councilor s LAW r • ! N•i� .Y 'i t. 1i .i..+1w1. `. °`t :y; , .'7/' +� /` rot _ 1 _ -:4 a`H . ' -L�ii i''t ,l" .� ./ I;• ' . ^?" Fal i� -,%- t! 7 w i. . -u•tiy ' / f!>. ,! tifj Yr / .�E !' !' LJ vw� CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem,Massachusetts 01970 informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders , and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. For the Board of Health, Joanne Scott Health Agent cc: John D. Keenan, Assistant City Solicitor David Shea, Chairman of the Neighborhood Improvement Task Force Leonard O'Lkeary, Ward Four City Councillor Delivered in Hand by Constable,Mark Tolman 1o�zz „ �o/z3J97 :7;v locrpso"j 61U&Y PcR �TD/+n/nl6 Sc67T' 4 ` V 1 3 � CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 October 21, 1997, Maria M. Chase 250 Highland Avenue Salem, MA 01970 Dear Ms. Chase: On January 22, 1997, Sanitarian Mark Tolman inspected your premises in response to a complaint concerning concrete, wood, wooden pallets, and other discarded items and debris at 250 Highland Avenue. The placement of such debris on your premises cause you to be in violation of Massachusetts General Law Chapter 111, Section 150A; Massachusetts General Law Chapter 270, Section 16; and State Sanitary Code: 410.602. Court action was initiated against Lane Chase because the property remains in violation. It has now been determined that you are the owner of the land at 250 Highland Avenue. Therefore, you are ordered to remove all debris from your property at 250 Highland Avenue and on abutting City of Salem property, 6vithin foufteen (14) days of receipt of this order. You are further ordered to maintain the premises free from such debris. Failure to comply with this order will result in a court complaint being sought against you in Northeast Housing Court and may result in a fine of up to $25,000 per day. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be •C CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 314 Essex Street SalemMassachusetts 01970 15 Church Street , 508-741-2111' 508-744-8500 October 15, 1997 Leo Tremblay, Bldg. Inspector Joanne Scott, Health Agent One Salem Green 9 North Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 RE. Maria M. Chase 250 Highland Avenue (Laine Industries) Dear Leo & Joanne: On Tuesday, October 14, 1997, I did inspect the above captioned property prior to a scheduled court appearance. To my utter disappointment, it appeared as if nothing was done since the week prior when we were also in court. As Judge Kermin was not present yesterday, the case has been continued one final time to Tuesday, October 28, 1997. Laine Chase states he will have it all cleaned up by then. I intend to be at the property at 8:30 a.m. on the 28t1i. I ask that both of you or members of your staff join me for a final review. In the meantime, I would also like to provide his mother, Maria M. Chase with notice of the many issues and/or violations, as she is the actual owner of the property in question.) Although Attorney Kavanagh had previously made me aware of this, we had agreed to continue the clean up with Laine Chase rather than pursue against his elderly mother. Now, however, that "push comes to shove" we need to notify and bring process against the property owner. The complaints against Laine Chase are technically flawed. Thus, please send notice to Maria M. Chase at 250 Highland Avenue to take action within fourteen (14) days of the notice. Ms. Chase ought to be ordered to: ■ Remove debris, refuse and rubbish from property and off city property (rear of property line near Verona Avenue)(see copy of letter to Laine Chase on January 31, 1997): :Health-De'partment. ": " J � r� � �r+ t'.i'� yrs✓+':I ...)1. u w •�{ =4 / i f � . ��.1 CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 50e-741-2111 Salem, Massachusetts 01970 508-745-7710 May 7, 1997 Matthew J. Kavanagh, Esq. 14 May Street Salem, Massachusetts 01970 RE: Commonwealth v. Laine Chase Salem District Court 9736 CR 1103 Dear Attorney Kavanagh: Pursuant to our discussion at the Pre Trial Conference on May 6, 1997, please find enclosed copies of the photographs taken at the incident property by Building Inspector Tremblay on May 6, 1997. Although Mr. Chase has cleaned up some of the property,this portfolio clearly reveals he has much more work to do. Ideally, he'll be able to address these issues prior to our next court date of June 17, 1997. As stated, I expect your client to contact Inspector Tremblay about getting his certificate of inspection. He has ignored/discarded all of Inspector Tremblay's efforts at communication. Communication would prevent a lot of Mr. Chase's problems. Finally, please advise your client about the chain link fence which he has put up in violation of the Salem Zoning Ordinance - Entrance Corridor Overlay District (Sec. 7-19), a copy of whiich was provided to you yesterday. Please do not hesitate to contact either me or Inspector Tremblay with any questions regarding this property. Very best regards, J D. Keenan JDK/ds enc. cc. Leo Tremblay, Building Inspector Leo�hard O'Leary, Ward Four Councilor (situ of ttlPm, massar4usetts Ilublic Propertp Department Nuilbing Department (One #slem (4reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 13 , 1997 Laine Chase 250 Highland Ave . Salem MA. 01970 Dear Mr . Chase : Listed below are violations that need to be corrected prior to your September court hearing. 1 . Verona street must be cleaned of all debris caused by your moving of stock piles . 2 . All encroachment on paper street off of Verona must be cleaned of all debris . 3 . All sheds and trailers must be removed and or made safe, and cleaned of all debris on the interior. 4 . All debris must be removed from chain link fence . 5 . All wood piles must be feet ( 101 ) from other buildings . 6 . Remove all unregistered vehicles from property. 7 . Make all necessary repairs to fitfe damaged building. 8 . Have certificate of inspection updated to confirm. Please contact this office should you have any questions regarding the above . Very tr y ours , Leo E . Tremblay Director of Pub? Property cc : Councillor O ' leary, Ward 4 John Keenan, Esq. Page Two of Two October 15, 1997 Insp. Tremblay & Health Agt. Scott RE: 250 Highland Avenue ■ Structure(s) made safe, demolished or provided with report of structural engineer regarding soundness of structure(s)-both trailer on back of parcel and burned out structure(s) attached to principal structure. Btrildinglnspector. ■ Remove all stone, plants etc from city property (displays on side of Highland Avenue) in front of parcel. Buildiug.4espector. ■ Remove all wood piled against unsafe, burned out stricture. B.uildin Ins ,. • Remove all unregistered and uninsured vehicles from the premises or provide verification of registration. $uikding-fnspector: ■ Have certificate of inspection updated to conform. BuUd+ug-Inspector.. ■ Fence surrounding property must comply with City of Salem Zoning Ordinance- specifically the Entrance Corridor Overlay District. (See enclosed copy regarding fences). IuilditlgJnsp.ector-.-. These are items I have taken from previous notices to Laine Chase and which in my observations have yet to be addressed. If there are other issues I have left out, please include as well. It is unfortunate that our cooperation has met nothing but failedpromise after promise. Now, we'll see one last time what happens on October 28". If Mr. Chase fails again, we will be able to seek the appropriate complaints against his mother, Maria Chase, the property owner. I very much appreciate your assistance in this matter. Do not hesitate to call with any questions. Very best regards, Jol D. eenan, Esq. JDK/kj m Enc. cc. Mathew Kavanagh, Esq. Thank you in advance for your anticipated cooperation in this matter . Sincerel�� Leo E . Tre lay- Inspector o Buildings LET: scm cc : John Keenan Jane Guy Councillor O ' Leary, Ward 4 0049u��W Titu of #UUM, �assar4usetts Public Prapertg Department Nuilbing Department (One *alem (tureen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 20 , 1997 Maria M. Chase 250 Highland Avenue Salem, Mass . 01970 RE : 250 Highland Avenue Dear Mr . Chase : Per several requests from neighbors an inspection was conducted of the premises at 250 Highland Avenue and the following violations were found . I . Remove debris , refuse and rubbish from property and off City property (rear of property line near Verona Ave . ) 2 . Structure made safe, demolished or provided with report of structural engineer regarding soundness of structure , both trailer on back of parcel and burned out structure attached to principal structure . 3 . Remove all stone , plants ext . from city property (displays on side of Highland Ave ) in front of parcel . 4 . Remove all wood piled against unsafe, burned out structure . 5 . Remove all unregistered and uninsured vehicles from the premises or provide verification of registration. 6 . Have certificate of inspection updated to conform. 7 . Fence surrounding property must comply with City of Salem Zoning Ordinance-specifically the Entrance Corridor Overlay District . (See enclosed copy regarding fences ) . These items must be addressed within the next fourteen ( 14 ) days or legal action will be filed against you . K is CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D.KEENAN City Solicitor Assistant City Solicitor 314 Essex Street 93 Washington Street 15 Church Street 508-741-2111 Salem, Massachusetts 01970 508-744-8500 November 18, 1997 Leo Tremblay, Bldg. Inspector Joanne Scott, Health Agent One Salem Green 9 North Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 RE. Maria M. Chase- 250 Highland Avenue (Laine Industries) Dear Leo & Joanne: Today, I appeared in court for the dismissal of the pending matters against Laine Chase. As discussed previously, this was based on the fact that his mother is the actual property owner who leases the property to the corporation. Nonetheless, clean up of this parcel is expected to continue. We have provided Mrs. Chase with appropriate notice. I have enclosed the preliminary plans of Pep Boys to regrade the Chase parcel as part of a project with Quikava who is purchasing the property adjacent to Chase (between Chase and Pep Boys). It is my understanding that they have agreed to demolish the stone shed, remove debris, regrade, and even pave the Chase parcel in return for permission to have access to his property to make these improvements for Quikava. Hopefully, this work will eliminate the need to expend even more resources pushing this clean up. I will diary this in my calendar for December 5s'. At that time, if this plan hasn't been started, I will contact you to request a hearing for complaint(s) against Mrs. Chase. Thank you for your assistance in and attention to this matter. Please do not hesitate to call with any questions. Very best regards, _ . Joh Keenan, Esq. JDK/kjm, Enc. cc. Leonard O'Leary, Ward Four Councillor CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR i SALEM, MA 01970 9g�1Ng TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR 1111 �-8 �IVI MAR 14 2002 March 14, 2002 BOARD OF HEALTH TO: Joanne Scott FROM: Tom St. Pierre RE: Violations at Laine Chase Property 1. Storing of unregistered vehicles, trailers Salem General Ordinance 24-21 $50.00 per day enforcing officers-Fire Dept., Police &Building Inspectors 2. Failure to maintain building State Building Code 780 CMR, section 103.1 f„ ets001 Om .� u�3w,a ►uraa --------- - -- ir-- ----- - ------- - -- --— as - aas - saa ua 3nN3AV- ►aa !fa 028 09a � a►a ---- a f-Dfa f01 pl f-Oa 9-£0£ - 6a/aF 0.9sr/ a//Fl. 0669 bo » 611 I LIEe a, 0 06001/ 501 - OZI A I I 9D'b'7 911;.. . & 8/9801 o L6 fl 0 N f0 3�N3'1 s.002 6£F'ai sia.D - Dai_ Z6 86 sssa o�sii s If 96 SSI ooe+�+, `sl 6 ell soi °p S6 s � 'O las '*S/ 81 !6 SO60/ a ,oa a NM y�)v ae ray I o /6 oa 301 6 oD lot 0016 60 //J sll OOS9 r a, f/ so-OR, 06� 46 � 8' o °6,e u...3�iN3 �� '� o`er • is°� , 4e o Z /er ^r. D� 601 5g r °pool D< 111 ou ii 3jI ire b0�3oD ❑ �Pb 11 . A i opO/0S V B `O� D.Db t X1.7 00l al l 90/ ob 60 q 0.� /1 oD It 4 COQ, I OD is Oil bLS 00 08 � � �Ose o�� £8 �8s �8r abor 6�ss . SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII.$7.2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric- REGULATIONS tive dimensional requirements. (1) Every automobile service station shall have Sec. 7.1. Trailers. a minimum lot width of one hundred twenty (120)feet and a minimum lot area of twelve (a) No person shall park, store or occupy athousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand(2,000)square feet of City of Salem, except: lot area and an additional twenty (20) feet (1) The owner of residential premises may of lot width for every two(2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to exceed twenty (20) days. A special. and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. land can be so occupied. No more than one (2) Every structure erected for use as an auto- (1) trailer is permitted with any one(1) res- mobile service station shall have a min- idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construc- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum • mitted. of fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public strutted to conform to the following stan- water or sewer facilities. Trailers used as tempo- dards: rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all property lines abutting street rights-of- (c) Dead storage and/or parking of trailers will way, except for portions used for be permitted in accordance with the following pro- driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved,except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- rier. (2) Trailers shall not be stored in any front c. Hydraulic hoists, pits and lubricating, yard. If stored in any side or rear year, the greasing, washing and repair equip- trailer shall not be placed closer than ten ment shall be entirely enclosed within (10) feet from any lot line or within live (5) a building. feet of any building on an adjacent lot. d. The width of driveway entrances shall be not more than twenty-four(24)feet. See. 7.2. Automobile service stations, e. The angle of intersection of the driveway with the street shall be not Any automobile service station or gasoline more than sixty (60) degrees. filling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than regulations for any district in which an automo- twenty (20) feet. • bile service station is located are more restrictive g. The distance between curb cuts shall than the regulations contained hereinafter, the be not less than forty (40) feet. 27 CRIMINAL COMPLAINT 0036CR001733 Trial Court of Massachusetts DEFENDANT Salem District Court A CHASE; LAINE 0 HIGHLAND AVENUE SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE SALE I OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES I HAIR M W 0100" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth,on oath Complains that on the date and at the location stated herein the defendant did commit the offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE ONGOING SALEM COMPLAINANT POLICE DEPARTMENT ST. PIERRE, TOM/CITY OF SA SALEM /CITY OF SALFM BUILDING DEPT. COPY DATE OF COMPLAINT RAF SUM NS 06/16/2000 07/12/2000 9:00 A J COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCEIBYLAW VIOL on ONGOING did STORINGMOTOR VEHICLES ON—T—HE--PRU—PERETY AT 250-260 HIGHLAND AVENUE,SALEM,in violation of MUNICIPAL ORDINANCE CH24 S21 of the City or Town of CITY OF SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST.X ..... CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT � 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 �'oigHg TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR TO: NORTHEAST HOUSING COURT FROM: Thomas St.Pierre, Acting Building Commissioner City of Salem,Public Property Department SUBJECT: Chase Property 250-260 Highland Ave,Salem,Ma 01970 DATE: July 12,2002 Mr.Laine Chase has continually run a landscaping and yard-supply business at 250-260 Highland Ave. This property has been the subject of Building Code,Municipal Code,and Zoning violations. This Department has taken Mr.Chase to Salem District Court regarding the storage of unregistered and uninspected vehicles on his property resulting in,a Criminal Complaint#0036CR001733. At the Hearing, Mr.Chase was found guilty and fined$50. This took place on June 16,2000. Today,the exact same vehicles are still in place and in the exact same location. City of Salem Municipal Ordinance 24-21. I Mr. Chase has also continued to occupy and drop debris on land behind his property that he does not own. It is shown on the Assessors Map,enclosed,as a Right of Way and is highlighted in red pen. City of Salem General Ordinance 38-16, 38-6 and 38-7. The keeping of junk trailers or vehicles violates City of Salem Ordinance 44-32(e)10. If any further information is needed,please contact this office @ 978-745 9595 extension 380. 4 Thomas J.St.Pie Acting Building Commissioner TJSP:mk Enclosures 05/16/03 10:33 FAX 978 689 7838 N.E. HOUSING CT. 003 g 5Lv r o 9 i _PNCE APPROVED BY THE JTIDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE VVV BEFORE A JUDGE, BUT INSTEAD I CHOOSE TO S IS AGREMdENTP d #- Yiff S' ned and ,elated by Plaintiff Signed n ed by Defendant P aint ' ff' At r Defendantj�e Attorney 0 Ing Sp ali t Judge Da id D. Kerman onathan A. Paleolo s �] COPY. (GIVEN) ILED) TO —I&5 ON 03 05/16/03 13:32 FAX 978 689 7838 N.E. HOUSING CT. f�j002 HOUSING COURT DEPT. COMMONWEALTH OF MASSACHUSETTS NORTHEAST 01`J I S I O N NORTHEAST HOUSING COURT 83kPR30 PPR 4= 58 Sq �v/m Board o-� &�h Plaintiff �1 fJ1 V. - No. Defendant STIPIILATim �0)®3 The undersigned parties hereby stipulate and agree as fo lows : VIP a ? a ohi, 3s � -e c eR d S go 'A { `S S rim _ a. cwi l 05/16/03 13:32 FAX 978 689 7808 N.E. HOUSING CT. 0001 To Judge David D. Kerman From: Jonathan Paleologos, Housing Specialist go Date: May 16, 2003 RR 02-CR-00133 Salem Board of Health VS Laine Chase On April 30, 2003, I performed a view at defendant's commercial property located at 250 Highland Avenue in Salem, per your directive. At that time, all parties were present and I wrote an Agreement(attached)that all parties signed with a follow-up view performed at 10:00 this morning. Nothing from the April 300'Agreement was done. The property is in worse shape than when I first viewed it as the defendant now has several tractors, trucks, equipment and boulders on City property. In addition, there is more of the defendant's solid waste on the neighbor's property than there was when I first viewed it on April 30th. cc: Joanne Scott, Salem Board of Health Thomas St. Pierre, Acting Building Commissioner Laine Chase, Defendant 3-05-1998 4-44PM FROM ELECTRIC—DEPT— 508 745 4638 P. 2 CITY OF 5ALEMs MASSACHUSETTS �, ELECTRIC DEPARTMENT 44 SALEM,MA 01970 STREETETTE TEL. (979) 745.6900 FAX (976) 745-4638 STANLEY J. USOVICZ, JR. MARK ROCHON, WIRE INSPECTOR MAYOR 'r0: EXPRESS ELECTRIC UNLIMITED P.O. BOX 11169,EVERETT,MA 02149 1169 CERTIFIED MAIL 7001 2030 0004 6708 6205 + REG. MAIL FROM: MARK ROCHON, WIRE INSPECTOR SUBJECT 250 HIGHLAND AVE DATE: FEBRUARY 23,2003 PLEASE BE ADVISED,MY OFFICE WAS NOTIFIED OF A METER SOCKET IN- STALLATION WITHOUT A PERMIT OR AUTHORIZATION NUMBER BY MASS.ELECTRIC CO, METERING DEPARTMENT, RICHARD GONDELLA. JANUARY 13,2003,1 MET WITH THE OWNER OF THE SPA&HEARTH WHICH I INSPECTED THE NEW METER SOCKET INSTALLATION WHICH ALREADY HAA A METER LOCK. AFTER NUMEROUS PHONE CONVERSATIONS WITH PAT SMARTY OF EXPRESS ELECTRIC UNLIMITED,EVERETT BRANCH OFFICE AT TELEPHONE NUMBER 617 387 9898 AND KEITH ANDERSON,THE INSTALLER,TELEPHONE NUMBER CELL 617 207 1249 WINTHROP, MA. BOTH COMPANY AND INSTALLER KEPT PROMISING TO PULL A PERMIT FROM THIS OFFICE WITH A PERMIT FEE OF$30.00. 1 WAS TOLD TO USE LICENSE NUMBER 1826 JAY LEWIS OF FRANKLIN,MA AND MAIL CITATION TO EXPRESS HOME SERVICES,99 MAIN ST.,WESTFORD,MA 01886. PLEAS BE ADVISED,YOU HAVE 5 WORKING DAYS TO PULL THIS PERMIT FROM THE DATE RECEIVED BY CERTIFIED.FAILURE TO PULL A PERMIT FROM THIS OFFICE SHALL RESULT IN A COPY OF THIS LETTER SENT TOTHE OWNER OF THIS PROPERTY AND A COMPLAINT FORM WILL BE FILLED OUT AND SENT TO THE DIVISION OF PROFESSIONAL LICENSURE,OFFICE OF INVESTIGATIONS,239 CAUSEWAY ST.,SUITE 400, BOSTON, MA 02114. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME AT MY OFFICE, YOURS T LY, MARCROCHON WIRE INSPECTOR CC'. FIRE PFEVENTION- FAXED 978 745 9402 BUILDING DEPT- FAXED 978 740 9840 -HEALTH DEPT. FAX 978 745 0343 MA �I/��w/�� Mitt Romney Kerry Healey Daniel A. Grabauskas John Cogliano a� n Governor LL Governor Secretary Commissioner November 21, 2003 Thomas)St. Pierre, Acting Building Commissioner City Of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre: Reference is made to your recent correspondence relative to the occupant of 250-260 Highland Avenue, Route 107, creating a distraction to passing motorist by placing building'materials and various other items on the sidewalk in front of his property. Please be informed the District Four Survey Section established the sideline in that area and it has been determined that Mr. Chase is in fact encroaching on state property. Correspondence will be forwarded to Mr.Chase directing him to remove any encroaching objects from the sidewalk. If you have any further questions regarding this matter please call David Aznavooriau, Assistant District Maintenance Engineer at (781)-641-8449. Sincerely, 6/L-7,V ` Stepp heUn T. O'Donnell District Highway Director DA/da i i Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781) 641-8300 cc: Kate Sullivan, Mayors Office Dept. Munroe, Fire Dept Attorney Dave Harris r o CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT o 120 WASHINGTON STREET, 3RD FLOOR ��MINB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 July 14, 2004 Laine Chase 250-260 Highland Avenue Salem,Ma. 01970 RE: Retaining Wall Dear Mr. Chase: This Department received a complaint regarding building materials (I.Esand, gravel) falling over the edge of your property onto your abutter's property. The abutter's property is 248 Highland Avenue, which contains the Dunkin Donuts Drive Thru. After being made aware of this danger and since I was unavailable, I asked Deputy Chief Munroe of the Salem Fire Department to order closed the travel lane closest to your property. This closure remains in effect currently. The construction of a retaining wall or structure requires a Building Permit (780 CMR, Section; 115) and an engineered set of drawings (State Building Code 780 CMR, Section 1825 through 1825.5) The concrete barriers currently in place are not sufficient. Therefore, you are directed to cease stockpiling materials on your property that abuts 248 Highland Avenue until such time that a properly engineered and properly permitted retaining wall in constructed. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order, your appeal must be filed with the Board of Building, Regulations and Standards in Boston within 45 days upon receipt of this notice. Sin ly, Thomas',St. Pierre Acting Building Commissioner RIZZO Project: Stone Works Caled by: S.woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Calculate Geo-Grid Lengths: Determine angle of failure surface acoul atan tan(o - p) + ta -n p • tan � - p +cot(o + w 1 +tan Sint- •cot o + W W 1 := � J + LL 1 + tan(5int- w).tan(� - p)+ cot( + W) m acoul =49.16 deg Calculate Grid Lengths: depth below grid Length Calculation yl := 4ft Llmin:= Lal + Wd +51 (tan(90deg-acoulA Ll min=8.609ft y2:= 2ft L2min := La2+ Wd + y2.(tan(90deg-acoul)) L2min=5.304 ft Min. lenth of grid,4.0 ft I { Ctu of �#ttlfm. Amaliac4uortto tlublir jlrapertg Department Nuilbing Department (Out 6altm 0imn 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 31 , 1996 Laine Chase 250 Highland Avenue Salem, Mass . 01970 RE : 250 Highland Avenue Dear Mr. i Chase : Per request of concerned neighbors, this office conducted an inspection of the above mentioned property, and a list of violations follows : #1 . Verona St . must be cleaned up of all debris caused by your moving of stock piles . #2 . All unsafe sheds and unsafe box trailers must be removed and or demolish ( these items pose a fire hazard) . #3 . All debris must be cleaned up and kept clean. #4 . Remove all debris from abutting lot that you are using illegally on side of Verona Street . Please call upon receipt of this letter to inform us as of your course of action in this matter . Failure to see any action within fifteen ( 15 ) days will result in court action being taken against you . Thank you for your anticipated cooperation in this matter. Sincerely;�� Leo E. Tremblay .� Inspector of Buil ings LET: scm cc : Fire Prevention Health Department RIZZO Project: Stone Works Caled by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Calculate Geo-Grid Lengths: Determine angle of failure surface acoul := atan tan(o - p) + tan � -0)-(tanm - p + cot O + W 1 + tan Sint- W -cot � + yr + L 1 + tan(8int-W)•tan(� - p) + cot( + yr) acoul =49.16 deg Calculate Grid Lengths: depth below grid Length Calculation yl := 4ft Llmin:= Lal + Wd+[yl•(tan(90deg-acoul)� Llmin=7.383 ft y2:= 2ft L2min:= La2+ Wd + y2.(tan(90deg-acoul)) L2min= 5.517 ft Min. lenth of grid, 4.0 ft STONE WORKS,SALEM,M4 jJm NO: 1 Sheet No: REINFORCED SOIL SEGMENTAL RETAINING WALL Designer, SGW JiDate: Mamas$ Checked: IDt., EAWHOUAKE FORCE(ED) _ COMMENTS T,unit weight of sail(gamma) 0.125 kipsv H,height of soil face(H) - 6.000 it Height of Retained Earth 0,angle of friction a1 soll(pho - 32' b,angle of friction between soil and concrete wall(delta) - 0 A acceneration coefficient 0.17 k,,horizontal acceleration coefficient=Al2 0.085 k,.,vertical acceleration coefficient(k,.) 0 I,backfill slope angle ° P,slope of still iace(beta) p° 8,arcian(ke/1-Q(meta) 4.858 w=]1 +sgrt(sin(4+8) stn(p�e-i)/(cos(S+p+B)'cosi-p)))]' 2.228 r=[1-sgrt(sln(++S)'sin(0-6+i)/(cos(5-5+6)'coa(i-pp)1' 0.257 PAE=YH(1-K)K,,E 0.269 ksf EAE=0.57 H2(1-14)KAs 0.81 Wps/R KAE=cas2(p-9-p)/(W Wse cos'p cos(S+p+e)) 0.358 Pae=gH(1-w)Kae 2.323 ksf EaE-0.5 Y H'(1-k)KaE 6.97 kips/R - KoE=COSa(to-8+p))(r cose cos'p cos(&-p+e)) _ 3.096 WALL INERTIA FORCES FORCE kips FORCE'ki,kips ARM If MOMENT ft-ldps SEGMENTAL WALL 1.392 0.118 3.000 0.35 - -- - SOIL• 3.000 0.255 3.000 0.77 0.00 0.00 0.00 FORCE(H) 0.373 kips MOMENT(Mo) 1.12 ft-kips 'Assumes 6ft wide block of sell FOR SEISMIC LOAD CASE,THE COMBINED LATERAL PRESSURE OF STATIC AND SEISMIC 0.196 ksf THEREFORE,SURCHARGE LOAD 0.549 ksi USE 650 psf �l vasooOeem�smo°.Iwwn..sm°m m,.w°n.s°mm�o_com°..A,m 1 OF 1 RIZZO Project: Stone Works Caldd by: S.Woods Salem, MA Checked by: ASSOCIATES Date: 5/2612005 Reinforced Soil Segmental Retaining Wall - Seismic Loading Definitions: Soil Parameters Retaining Wall Characteristics = Internal Angle of Friction of Retained Soil H = Height of Retaining Wall y= Unit Weight of Retained Soil Ww= Weight of Retaining Wall Column Ka =Coefficient of Active Earth Pressure q= Uniform Loading at Top of Wall c= Cohesion (i= Slope at Top of Retaining Wall Sint= Coefficient of Friction =213"(0) ib= Inclination of Base of Wall 6ext= Coefficient of Friction= m= Batter of Retaining Wall W= Total Inclination of Wall Segmental Unit Features Hu = Height of Unit yu= Unit Weight of Block Wu =Width of Unit Soil Data: Wall Data: Reinforced Retained Foundation H:= 6ft ib:=.Odeg. 32deg er:= 30d6g 0.= 35deg lb q := 550— Ib Ib Ib ft.., 2 o) Odegl y;= 125 yr:= 130— yf:= 135— '•• - ft3. ft3 ft3 (i := Odeg y := ib+ 6 Sint•= 2•� Sext:=,0r cf:- 0 16 lb ... 3 ft21 qd:= 0 Z; ft 'd, Geosynthetic Grid Data: Block Unit Data: Cds:= 1,0 Coefficient of Direct Sliding Hu:= 2ft Ci:= 0.9- Coefficient of Interaction Wu. 413- Wd:= 2ft - Ultimate Strength of Geogrid Types: yu 115.5 Ib 3: i tt Tutt;=6715- Using: Raugrid 1013-20 ft: RIZZO Project: Stone Works Calc'd by: S.woods SalemMA Checked by: , ASSOCIATES Date: 5126/200& q I Pq X,- H He — --- Prs i w, He/3 0 qo L:= 0.6-H L=3.6 ft First Approximation of geogrid length Ll := L- Wu•cos(ib) Ll =-0.4ft L2:= Ll-tar(p)-tan(y) L2=0 ft I -tan(p)-tan(W) Lp:= Ll + L2 LP=-0.4 ft Width of reinforced zone at backslope h:= Lp-tan(p) h = 0 ft Additional height of wedge due to backslope Calculate Lateral Earth Pressures- See Attached Spreadsheet for Calculation Kaext:= .358 Seismic Coefficient of active earth pressure _ Resultant due to uniform seismic loading Pq:= q•(H+ h)•Kaext•cos(bext- W) Pq= 1023.12 lb R Yq:= H 2 hh - Wu•sin(ib) Y9=3 ft Pa:= Pq Pa= 1023.12 Ib Total seismic earth pressure ft RIZZO Project: Stone Works Calc'd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Analyze Base Sliding: Wri:= L•y•H Wri =2700 ]b Weight of reinforced zone ft Wrp:= Ll•yLp•sin(p) lb 2-cos(p) Wrp=0 ft Weight of soil in backslope Sliding Resistance Rs Cds•(gd•Lp+ Wri + Wrp)•tan(�f) Rs= 1890.56Ib lb Sliding Factor of Safety FSsl:= Rs FSsl= 1.848 Pa checkl := if(FSsl < Ll,"NG","OK") For Seismic Only Analyze Overturning: Calculate moment arms, X Xri:_ L + H•tan(0 2 Xri= 1.8ft tan - + h•// (W�1 + LI•cos(p� [(Ll costp) J + Wu•ws(ib) + Ll•(sin(p))2 Xrp:= H4an(ty) —Hu•tan(ril) +�cos(o) 3 ] _ 3 Xrp =3.733 ft Mr Wri.Xri + Wrp.Xrp Mr=4860lb Resisting Moment Mo:= Pq.Yq Mo= 3069.37 lb Overturning Moment Overturning Factor of Safety FSot Mr Mo FSot= 1.583 checkl if(FSot < 1.5,"NG","OK") For Seismic Only checkl="OK" RIZZO Project: Stone Works Caldd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/262005 Analyze Bearing Capacity: Xq:= L+ [(H+ h)-tan(W)] - gip/ Xq=3.8ft Moment arm of surcharge pq.Yq -Wri• Xri- 2 I -Wrp• Xro-z I -gd•Lo- Xq-L I ecc:= JJJ ) \ /// Wri+ Wrp+ (gd•Lp) ecc= 1.137ft Eccentricity B:= L2•ecc 'B = 1.326ft Equivalent Base Wri + Wrp+ (q + gd)•Lp Ib Qa:= Qa= 1869.73— Bearing Pressure B ft2 Nq:= e"'M°tmfl. tan45deg + 2f 211 Nq=33.296 Ny:= 2(Nq + 1)-tan(of) Ny=48.029 Nc:= (Nq - 1)•cot(�f) Nc= 46.124 4H:= 0.1-H 4H= 0.6 ft Qult:= cf-Nc + 0.5-yf B Ny+ yf-AHNq Quit=6997.077 ib Bearing Capacity ftz FSbcQult :_ — Qa FSbc= 3.742 Factor of Safety, Bearing Capacity RIZZO Project: Stone Works Calc'd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Internal Stability. Calculate lateral earth pressures-See Attached Spreadsheet Calculations: Kaint:= .358 Seismic Active Earth Pressure Value of active earth pressure due to soil Resultant due to uniform surcharge Psin := 0.5-(Kaint)-(y)-(0-cos(8int-yr) Pqin:= H Kaint•cos(Sint- y)-(q + qd) Psin =.750.307 Lb Pqin= 1.1 x .103 Ib ft ft Calculate the Long Term Design Strength (LTDS) of geogrid: FScd-Durability reduction factor(dependant upon chemicals damage)(1.1 to 2.0) FScr-Creep reduction factor is the ratio of the ultimate strength Tult to the creep limit strenght(1.5 to 2.0) FSbd-Durability reductio factor(dependant upon biological damage)(1.1 to 2.0) FSid-Installation damage factor;typical range 1.05 to 3.0 FScd:= 1.10 FScr:= 1.52 FSbd:= 1.1 FSid := 1.10 Reduction Factors FSun:= 1.5 Factor of Safety for overall uncertainity Tult=6715 Ib Ultimate strengths of geogrid types ft LTDS:= Tult LTDS=2434.029 Ib FScr.FSid.FScd•FSun ft Calculations below are specific to individual wall calculations Input elevations of geogrid layers for the retaining wall Maximum Number of geogrids: N:= H - 1 N=2 Hu El := 2ft First Approximation for the vertical spacing of the geogrid layers E2:= 4ft RI=O Project: Stone Works Ccc'd by: by: S.Woods ASSOCIATES Salem, MA Date: 5/2612005 Calculate the Contributary Area, Ac,for each geogrid Acis= El + (E2—El) Act =3ft 2 Act:pH—Act Ace=3ft Analyze For Tensile Overstress: Fgt :_ [(q+ gd).Kaint-Act] - Fg, =590.7 ft check3 := if(Fgt <LTDS,"OK","NG") check3= "OK" F92:= C(q +:gd)A�int-.(Ac2)] Fg2= 590.716 check4:= if(F92<LTDS,"OK","NG") check4= "OK" ft For Anchorage-Minimum Factor of Safety is 1.57 Calculate La lb ACI :_. Fg1-1.5 ACI = 886.05 ft AC2:= F92-1.5 AC2= 886.05 lb lb depth of grid Calculate La: dnl := 2ft Lal := ACI Lal =3.151 ft TC-7i dn1•7 wl(�) dn2 := 4ft La2:= AC2 La2= 1.576 ft 2Ci dn2 7 tan +) Public Prupertg Department eep�� Nuilaing Department (One Linlem (5reen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property May 18, 1995 Inspector of Building Zoning Enforcement Officer Laine Chase 260 Highland Avenue Salem, Mass. 01970 RE: 260 Highland Avenue Dear Mr. Chase: On June 8, 1994 a letter was sent to you . regarding several violations at the above mentioned property. As you know I have made several follow up inspection of the property within the last ten (10) months and have spoken to you concerning these violations. You kept promising to address these individuality until you resolved all of these violations. Rather than making any progress or resolving any of the violations the property has gotten worse. Mr. Chase, the following is a list of the existing and ongoing violations that must be addressed at once. Failure to do so within (15) fifteen days upon receipt of this letter will result in court action being taken against you. 1. Fence on front and side lot lines must comply with City of Salem Zoning Ordinance. 2. Accessory buildings must be removed or made safe. 3. Illegal parking of vehicles on Verona Street. 4. Remove all stone, plants and debris that are not located on your property and re-locate to your property. 5. Remove all wood pallets and debris from rear of property (Fire hazard) . 6. Clean up debris dumped beyond property line in rear of lot. 7. Remove all unregistered and uninsured vehicles from property. Please call upon receipt of this letter as to inform us as to your course of action. Thank you in advance for your anticipated cooperation in this matter. Sincerely, _�..� � Jou-vl"t✓' (-'' Leo E. Tremblay Inspector of Buildings ' LET: scm cc: David Shea Beth Debski Councillor O'Leary, Ward 4 Certified Mail 11 921 991 723 NUMBER Trial Court of Massacnusetts �. APRLIC STI N ADULT District Court Department FOR CO pLJ,INT JUVENILE I COURT DIVISION _ ARREST HEARING _ SUMMONS . 'WARRANT J8tGR1 t The Def n filed :narc i g sai re defendant that a Complaint SI list n OelO Ine within 65 washuxii �I Swam narno❑ tleten ant. �har.:'.n9 said DEfentlant Wrth the OIf005e15) listed OeOW. '� DATE OF APPLI _ON I :ATE OF OFFENSE I PLACE OF OFFENSE Sefem. RAA.t�970 = - -Avenue , - 715 250 ihl nd j NAME OF COMPLAINANT NO, OFFENSE G.L. Ch. anC Se- NAME of Salem Building Department ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Zoning Ordinance Section 5-1 I One Salem Green Sales, i1ass. 01970 City of Salem Zoning z. Ordinance Section 7-1 C-1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT 'jassachusetts State Leine Chase 3. 3ui�dinFS Code Section 124.0 250 Highland Avenue Section 124.2 & 108.5.1 Sales, :lass. 01980 a. I DATEOFI EARING TIME OF HEARING COURT USE COURT USE wi I belng upon held at thelabo a complaint address on `� - AT r� f—ONLY ONLY—i CASE PARTICULARS — BE SPECIFIC VALUE OR PROPERTY TYPE OF CONTROLLED NAME OF VICTIM DESCRIPTION OF PROPERTY Over or under SUBSTANCE OR WEAPON ryo Owner of Property. Goods stolen.wnat $250 Marijuana.gun,etc. Person assaudeG.etc. destroyed.eta 1 2 3 d OTHER REMARKS: Flilure to comply with City of Salem Zoning Ordinances. Failure to comply with Massachusetts State Building Codes. x SIGNATURE OF COMPLAINANT/ DEFENDANT IDENTIFICATION INFORMATION Complete data below If known DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER I SEx RACE HEIGHT WEIGHT EYES HAIR EMPLOYERSCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME OCCUPATION N DC-CR2(31881 TItu of UlEm, massac4usetts r'o Public Prnpertp Bepartment Nuilbing Department (One Belem green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property June s, 1994 Inspector of Building Zoning Enforcement Officer Laine Chase 260 Highland Ave. Salem, MA 01970 RE: 260 Highland Ave. Dear Mr. Chase: This office has received a complaint alleging the illegal parking of vehicles on Verona Street. An inspection was conducted and it was noted that your fence is in need of major repairs. Please be aware that this property is located in the Entrance Corridor Overlay District (ECOD) and chain link fence is not permitted in this district. There are also some accessory buildings that are in deplorable condition and must either be made safe or must be demolished and removed. The Christmas trees must be removed from your yard as they are a fire hazard. Please contact this office upon receipt of this notice to inform us of your intentions and to apply for the proper permits. Failure to comply will result in the appropriate legal action being taken. I thank you in advance for your anticipated cooperation in this matter. Sincer ly, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: David Shea Norman LaPointe, Fire Inspector Councillor O'Leary \260hghd\ 6ity o f eSaLm, �- cif fLCE of t&_ ntg gizaswLez [7 ,/ �7/ p CJ\Obnt O7: _Aa9& 6ity ae AUIE¢ March 6, 1995 Leo Tremblay Director of Public Property City of Salem One Salem Green Salem, MA 01970 Dear Leo; This letter is to inform you that the City of Salem has been awarded title of ownership to the below listed property by the Land Court of the Commonwealth. Property Address Date of Decree Property Description 260—Highland–AV-4—. 1 Dec. 29, 1994 Building and about 6990 square feet of land. Based upon MGL Chapter 60 , this parcel can be redeemed by any interested party for a period of one year from the date of decree. Subsequent to this period, the parcel is available for disposition by the City through public auction. Should this occur at some future date, the City is entitled to any sale proceeds. Also, please note that there is a building on this property according to my records and it should be inspected. I will notify the City's insurance carrier to initiate the necessary liability coverage. Sincerely, Robert H. agle Treasurer/Collector cc: Peter Caron Robert LeDoux Michael O'Brien, Corporate Design Ins. ONE SALEM GREEN • SALEM,MASSACHUSETTS 01970 • 508-745-9595 • FAX 508-744-5918 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT IPO WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 July 14, 2004 I Laine Chase 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chase: This Department received a complaint regarding building materials (I.Esand, gravel) falling over the edge of your property onto your abutter's property. The abutter's property is 248 Highland Avenue, which contains the Dunkin Donuts Drive Thru. After being made aware of this danger and since I was unavailable, I asked Deputy Chief Munroe of the Salem Fire Department to order closed the travel lane closest to your property. This closure remains in effect currently. The construction of a retaining wall or structure requires a Building Permit (780 CMR, Section 115)and an engineered set of drawings (State Building Code 780 CMR,Section 1825 through 1825.5) The concrete barriers currently in place are not sufficient. Therefore, you are directed to cease stockpiling materials on your property that abuts 248 Highland Avenue until such time that a properly engineered and properly permitted retaining wall in constructed. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order, your appeal must be filed with the Board of Building, Regulations and Standards in Boston within 45 days upon receipt of this notice. Sinly, Thomas St. Pierre Acting Building Commissioner a i HARRIS & DONOVAN ATTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-4341 DAVID N. HARRIS TEI.. (978) 531- XX) WFABODY ARBA) DAVID D. DONOVAN VAX (978) 531-470() July 7, 2004 Thomas St. Pierre, Building Inspector City of Salem 120 Washington Street Salem, Massachusetts 01970 FAXED TO: (978) 740-9846 Dear Mr. St. Pierre: Confirming our conversation of last Friday, this office represents Michael Donuts, LLC which, under lease, operates the Dunkin' Donuts shop at 248 Highland Avenue, Salem, Massachusetts. As you know, on or about June 22, 2004,the fence on the abutting property, which property is to the immediate west of my client's property, fell allowing various stored materials to come down onto one of my client's drive-thru lanes. I understand from conversations with a certain Lane Chase (who states that he owns the abutting property)that he has taken steps to correct the situation and that furthermore, if required by you, he is prepared to take any additional steps in an attempt to prevent further similar occurrences. Needless to say, my client which recently spent a considerable sum renovating the shop is suffering financially from the inability to properly serve its customers. In any event, it is my understanding that your department will, if not already begun, see to it that the abutting property owner rectifies the situation. Naturally, should you have any questions,please do not hesitate to be in touch with me. Very David N. Harris H/ek APPLICATION ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST A HEARING ❑ SUMMONS L� WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within J named defendant, charging said defendant with the offense(s)listed below. DISM t Cci t DATE OF'APPLI ATION DATE OF OFFENSE PLACE OF OFFENSE as aA Sbsst /i° _'`'f ri':r -. j ) - b ._: 11 ,4 !�.� Salem MA, 81970 N-/yp—p FCOMVLAINANT` ` ( i. NO. OFFENSE G.L. Ch. and Sea ADDRESS AND ZIP CODE OF COMPLAIgANT ,7 2. NAPE,A DRESS AND ZIP COD Of DEFENDANT lilt 41 V_AC 3. r e. COURT USE A hearing upon this complaint application DATE F HEARING TIME OF HEARING ONLY----o- willUSE will be held at the above court address on T COU ONLY CASE PARTICULARS — BES ECIFI NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 2 G�7 s O ce .7 4 OTHER REMARKS: " As/�i170L �,. 1000/ >�e /1 k Ota- bar a 7hV//B V 4F P4 1 4 ell IAJ�1�lR� x l SIGNATURETF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below it known. EOF RTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EVES HAIR OCCUPATIONr EMPLOYER/SCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME Tn CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9593 EXT. 380 MAYOR FAX: 978-740-9846 July 14, 2004 Laine Chase 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chase: This Department received a complaint regarding building materials (I.Esand, gravel) falling over the edge of your property onto your abutter's property. The abutter's property is 248 Highland Avenue, which contains the Dunkin Donuts Drive Thru. { After being made aware of this danger and since I was unavailable, I asked Deputy Chief Munroe of the Salem Fire Department to order closed the travel lane closest to your property. This closure remains in effect currently. The construction of a retaining wall or structure requires a Building Permit (780 CMR, Section 115)and an engineered set of drawings (State Building Code 780 CMR,Section 1825 through 1825.5) The concrete barriers currently in place are not sufficient. Therefore, you are directed to cease stockpiling materials on your property that abuts 248 Highland Avenue until such time that a properly engineered and properly permitted retaining wall in constructed. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order, your appeal must be filed with the Board of Building, Regulations and Standards in Boston within 45 days upon receipt of this notice. Sin ly, Thomas St. Pierre Acting Building Commissioner HARRIS & DONOVAN ATTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-4341 DAVID N. HARRIS TEL. (978) 531-MWX1 WFARODY AREA) DAVID D. DONOVAN FAX (978) ,S31-4700 July 7, 2004 Thomas St. Pierre, Building Inspector City of Salem 120 Washington Street Salem, Massachusetts 01970 FAXED TO: (978) 740-9846 Dear Mr. St. Pierre: Confirming our conversation of last Friday, this office represents Michael Donuts, LLC which, under lease, operates the Dunkin' Donuts shop at 248 Highland Avenue, Salem, Massachusetts. As you know, on or about June 22, 2004, the fence on the abutting property, which property is to the immediate west of my client's property, fell allowing various stored materials to come down onto one of my client's drive-thru lanes. I understand from conversations with a certain Lane Chase (who states that he owns the abutting property) that he has taken steps to correct the situation and that furthermore, if required by you, he is prepared to take any additional steps in an attempt to prevent further similar occurrences. Needless to say, my client which recently spent a considerable sum renovating the shop is suffering financially from the inability to properly serve its customers. In any event, it is my understanding that your department will, if not already begun, see to it that the abutting property owner rectifies the situation. Naturally, should you have any questions, please do not hesitate to be in touch with me. Very David N. Harris H/ek APPLICATION N1 ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within J named defendant, charging said defendant with the offense(s) listed below. S�1 Dt8V Ict cou" DATE OF•APPLI ATION DATE OF OFFENSE PLACE OF OFFENSE r 06 WasiWoon SbVW Swnt.MA.Otte" NAME FCOMPLAINANT� ( N / '7/C (.�, / ..,_ �,.� ) `� X r f NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLA AAM JJif e' A-,# 2. NAME,A DRESS AND ZIP 007Of DEFENDANT '. 4. COURT USE A hearing upon this complaint application DATE F HEARING TIME OF HEARING COURT USE ONLY--it, will be held at the above court address on T t *--ONLY CASE PARTICULARS — BESPECIFIC rREMARKS: VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED roperty, Goods stolen,what Over or under SUBSTANCE OR WEAPON lted,etc. destroyed,etc. $250. Marijuana,gun,etc. ob M : 4 t 4* d, #*,- Al�9 -7hV/o y � 3 �► q fa ��, � X c4 SIGNATURE FCOMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. QAjEOF RTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR •jOJ`C//CUWUPPATIONS EMPLOYER/SCHOOL MOTHER'S NAME(MAI FATHER'S NAME 1 C05 HARRIS & DONOVAN ATTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-4341 DAVID N. HARRIS TEl- (978) 531-8000 (PEAEODY AR EA) DAVID D. DONOVAN FAX (978) 531-4700 July 7, 2004 Thomas St'. Pierre, Building Inspector City of Salem 120 Washington Street Salem, Massachusetts 01970 FAXED TO: (978) 740-9846 Dear Mr. St. Pierre: Confirming our conversation of last Friday, this office represents Michael Donuts, LLC which, under lease, operates the Dunkin' Donuts shop at 248 Highland Avenue, Salem, Massachusetts. As you know, on or about June 22, 2004, the fence on the abutting property, which property is to the immediate west of my client's property, fell allowing various stored materials to come down onto one of my client's drive-thru lanes. I understand from conversations with a certain Lane Chase (who states that he owns the abutting property) that he has taken steps to correct the situation and that furthermore, if required by you, he is prepared to take any additional steps in an attempt to prevent further similar occurrences. Needless to say, my client which recently spent a considerable sum renovating the shop is suffering financially from the inability to properly serve its customers. In any event, it is my understanding that your department will, if not already begun, see to it that the abutting property owner rectifies the situation. Naturally, should you have any questions, please do not hesitate to be in touch with me. Very tr David N. Harris NH/ek ATTORNEYS AT LAW 88 BLACK FALCON AVENUE, SUITE 345 BOSTON BOSTON, MASSACHUSETTS 02210-2414 TELEPHONE(5171439-4990 TELECOPIER (617)439-3987 EVAN T. EMAIL:POST@LAWSON-WEITZEN.COM RICHARD B. K.SOOTTGRIGOE WWW.LAWSON-WEITZEN.COM RICHARD B.WEITZEN' STEVENMICHAEM.B C KLEY _ PAMELA B BRIDGES STEVEN M.BUCKLEV FRANK L.BRIDGES SOMA K.GU TERMAN,PH.D, GAPE COD IRA H.ZALEZNIK J.MARK DICKISON`• LAWSON,WEITZEN & BANKERT, LLP JOHN J.WELTMAN"' CLARE B.BURHOE SIX GRANITE STATE COURT VALERIE L.RAWSON ROBERT J.ROUGHSEDGE+++ BREWSTER,MASSACHUSETTS 02631 GEORGE F.HAILER,PC* RICHARD J.SULLIVAN,JR. TELEPHONE(508)255-3600 - GEORGEE.CHRISTODOULO,PC CAROLINE A.O'CONNELL' _ KENNETH B.GOULD MARISSAA.GOLDBERG bYARLR®ROU�ffi JOSEPH FRIEDMAN MICHAEL WILLIAMS JOHN A.TENNARO KATHRYN E.PIECZARKA LAWSON,WEITZEN & HAILER, LLP WILLIAM F.COYNE,JR. DEAN J.HUTCHISON LZ I LOCKE DRIVE,SUITE 101 DAVID A.RICH' SCOTT T.BUCKLEV MARLBOROUGH.MASSACHUSETTS 0I752 DENNISJ.MANESIS" KRISTINA A.ENGBERG TELEPHONE(508)616-1025 NATALIEA.KANELLISt C KIMBERLY BAKEBERG PATRICIA L.FARNSWORTH JAMES M.HENRY June 15, 2006 Thomas St. Pierre, Building Commissioner Public Property Department, City of Salem 120 Washington Street Salem,MA 01970 RE: Four-D Best Limited Partnership Property 248 Highland Avenue, Salem AND: Laine Chase Property 250-260 Highland Avenue, Salem AND: Amendment to Easement Agreement Dear Mr. St. Pierre: Enclosed herein please find a copy of the Amendment to Easement Agreement that has been signed by all parties and duly registered at the Essex South Registry of Deeds. Please see Section 3 on page 2 and the portions that I have highlighted in"yellow" and ":inu�.i ili�a..� Tl'ii5 pr0'JISii31'i Jpi.Cif la,al,� dal ucaoi.�uai.GGii'a',CrriS ral�c,i uy ii�:uuui \J�vu.O,u.i..al Associates, Inc. If you have any questions let me know. Thanks for your attention to this matter and your assistance. Very truly yours, BW� Q" - Richard B. Weitzen Enc. RBW/re cc. Mark Paulino, Four-D Best Limited Partnership - Without Enclosure •ALSO ADMITTED IN NY ••ALSO ADMITTED IN NH '••ALSO ADMITTED IN CA -ALSO ADMITTED IN DC -ALSO ADMITTED IN NJ a PA +++ALSO ADMITTED IN RI,CT,NH&ME T ALSO ADMITTED IN NH&NV T� Ida`i1VV s(D & VFY ]EYYZENB N I P ATTORNEYS AT LAW 88 BLACK FALCON AVENUE, SUITE 345 ROSTON BOSTON, MASSACHUSETTS 02210-2414 TELEPHONE(617)439-4990 TELECOPIER (617)439-3987 EVAN T.LAWSON PATRICIA L.FARNSWORTH EMAIL:POST@LAWSON-WEITZEN.COM RICHARD B.WEITZENK.SCOTT GRIGGS WWW.LAWSON-WEITZEN.COM PAMELAB.SANKERT MICHAELJ.MCDEVITT FRANK L.BRIDGES STEVEN M.BUCKLEY CAY'R COO IRA H.ZALEZNIK SONIA K.GUTERMAN.Pn.D. LAWSON,WEITZEN & BANKERT, LLP JOHN J.WELTMAN"' J.MARK DICKISON•' SIX GRANITE STATE COURT VALERIE L.PAWSON CLARE B.BURHOE BREWSTER,MASSACHUSETTS 02631 GEORGE F.HAILER ROBERT J.ROUGHSEDGEaaa TELEPHONE 15081255-3600 GEORGE E.CHRISTODOULO,PC CAROLINE A.O'CONNELL' KENNETH B.GOULD MARISSA A.GOLDBERG JOSEPH FRIEDMAN MICHAEL WILLIAMS MARLROROUC.H4 JOHN A.TENNARO DEAN J.HUTCHISON LAWSON,WEITZEN & HAILER, LLP WILLIAM F. COYNE,JR. SCOTT T.BUCKLEY 171 LOCKE DRIVE,SUITE 101 DAVID A.RICH' CHRISTOPHER S.FARNSWORTH MARLBOROUGH,MASSACHUSETTS 01752 DENNIS J.MANESISaa KRISHNA A.ENGBERG NATALIEA.KANELLISt C.KIMBERLY BAKEBERG TELEPHONE15081618-1025 February 8, 2006 Thomas St. Pierre, Building Commissioner Public Property Department, City of Salem 120 Washington Street Salem, MA 01970 RE: Four-D Best Limited Partnership Property 248 Highland Avenue, Salem AND: Chase Property 250-260 Highland Avenue, Salem AND: Easement Agreement and Construction of Block Wall Dear Mr. St. Pierre: Enclosed herein please find a copy of the Easement Agreement that has been signed by all parties, the original of which has been sent to the Essex South Registry of Deeds for recording. I will forward the recording information when received. Based on the issuance of the "Foundation Permit"by your office, it is my understanding that the foundation has been poured. I assume your office has been notified of same and inspected. In addition, I am advised that Laine Chase will today, February 8, 2006, be paying the outstanding real estate and personal property taxes pertaining to the property at 250-260 Highland Avenue, Salem. If you can, later this week I would appreciate you confirming the City's receipt of payment and then call my assistant Rose Edgerly and leave her a message indicating confirmation of same and that your office is prepared to issue the permit for the construction of the Wall. If the taxes are not paid this week we will go back to Laine and our efforts. If they have been paid I will let Mark Paulino know he can apply for the Building Permit for the Wall. ALSO ADMITTED IN NY ••ALSO ADMITTED IN NH ALSO ADMITTED IN CA ALSO ADMITTED IN DC as ALSO ADMITTED IN NJ 9 PA aaa ALSO ADMITTED IN RI.CT,NH B ME ?ALSO ADMITTED IN NH 6 NY �evp �1 i3 ILAwso & 9e EIITZIEN, ILILP Thomas St. Pierre, Building Commissioner February 8, 2006 Page Two Obviously, we are not prepared to assent to the disposition of the pending case against Laine unless and until Laine pays both the outstanding taxes on the property and allows my client, in accordance with the Easement Agreement to construct and complete the Wall. If you have any questions let me know. Thanks for your assistance. Very truly yours, 4�-4 Richard B. Weitzen Enc. RB W/re CC. Mark Paulino, Four-D Best Limited Partnership - Without Enclosures David Harris, Esquire- Without Enclosures CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 �ff July 14, 2004 Laine Chase 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chase: This Department received a complaint regarding building materials (I.Esand, gravel) falling over the edge of your property onto your abutter's property. The abutter's property is 248 Highland Avenue, which contains the Dunkin Donuts Drive Thru. After being made aware of this danger and since I was unavailable, I asked Deputy Chief Munroe of the Salem Fire Department to order closed the travel lane closest to your property. This closure remains in effect currently. The construction of a retaining wall or structure requires a Building Permit (780 CMR, Section 115)and an engineered set of drawings (State Building Code 780 CMR,Section 1825 through 1825.5) The concrete barriers currently in place are not sufficient. Therefore, you are directed to cease stockpiling materials on your property that abuts 248 Highland Avenue until such time that a properly engineered and properly permitted retaining wall in constructed. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order, your appeal must be filed with the Board of Building, Regulations and Standards in Boston within 45 days upon receipt of this notice. Sin ly, f Thomas St. Pierre Acting Building Commissioner I HLARRIS & DONOVAN .XrTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-4341 DAVID N. HARRIS TFL. (978) 531-MMX) (1'FARODY AREA) DAVID D. DONOVAN FAX (978) .%31-4700 July 7, 2004 Thomas St. Pierre, Building Inspector City of Salem 120 Washington Street Salem, Massachusetts 01970 FAXED TO: (978) 740-9846 Dear Mr. St. Pierre: Confirming our conversation of last Friday, this office represents Michael Donuts, LLC which, under lease, operates the Dunkin' Donuts shop at 248 Highland Avenue, Salem, Massachusetts. As you know, on or about June 22, 2004,the fence on the abutting property, which property is to the immediate west of my client's property, fell allowing various stored materials to come down onto one of my client's drive-thru lanes. I understand from conversations with a certain Lane Chase(who states that he owns the abutting property) that he has taken steps to correct the situation and that filrthermore, if required by you, he is prepared to take any additional steps in an attempt to prevent further similar occurrences. Needless to say, my client which recently spent a considerable sum renovating the shop is suffering financially from the inability to properly serve its customers. In any event, it is my understanding that your department will, if not already begun, see to it that the abutting property owner rectifies the situation. Naturally, should you have any questions, please do not hesitate to be in touch with me. Very / David N. Hams H/ek APPLICATION �0 ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department LJ -ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named Complainant requests that a Complaint issue against the within J named defendant, charging said defendant with the offense(s) listed below. DATE OF-APPLI ATION DATE OF OFFENSE PLACE OF OFFENSE p�sw� OA.� Satem MA 019M N7E FCOMPLAINANT �) / 11r/F .(<, 'a / / `= � Y/i NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAISANT li' . _ Y� 1 411, fit` f t. Sil l Al AA d 2. _. NAME,A9DRESS AND ZIP ODD/E OF DEFENDANT 3. Jci /• Mt 7J 4. COURT USE A hearing upon this Complaint application DATE FHEARING T70FHEARNGCOURT USE ONLY- - will be held at the above court address on Tf--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTYTROLLED NO. Owner of property. Goods stolen,what Over or under R WEAPON person assaulted,etc. destroyed,etc. $250. gun,etc. 1 43 .4 OTHER REMARKS:W t/ k He, Av bOr"cl� -7h X r4lw-'a SIGNATUREMF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. A EOF RTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HE WEIGHT EVES HAIR S OCCUPATION EMPLOYERISCHOOL MOTHER'S NAMEIMAIDEN) FATHER'S NAME 0(i*�4D��,mvw Titu of �ttlem, Mttssttr4u,settsPublir Propertg Department +iguilbing Department t9ne *alem Green 500-715-9595 Ext. 300 Leo E. Tremblay Director of Public Property May 18, 1995 Inspector of Building Zoning Enforcement Officer Laine Chase 260 Highland Avenue Salem, Mass. 01970 RE: 260 Highland Avenue Dear Mr. Chase: On June 8, 1994 a letter was sent to you regarding several violations at the above mentioned property. As you know I have made several follow up inspection of the property within the last ten ( 10) months and have spoken to you concerning these violations. You kept promising to address these individuality until you resolved all of these violations. Rather than making any progress or resolving any of the violations the property has gotten worse. Mr. Chase, the following is a list of the existing and ongoing violations that must be addressed at once. Failure to do so within (15) fifteen days upon receipt of this letter will result in court action being taken against you. 1. Fence on front and side lot lines must comply with City of Salem Zoning Ordinance. 2. Accessory buildings must be removed or made safe. 3. Illegal parking of vehicles on Verona Street. 4. Remove all stone, plants and debris that are not located on your property and re-locate to your property. 5. Remove all wood pallets and debris from rear of property (Fire hazard) . 6. Clean up debris dumped beyond property line in rear of lot. 7. Remove all unregistered and uninsured vehicles from property. Please call upon receipt of this letter as to inform us as to your course of action. Thank you in advance for your anticipated cooperation in this matter. Sincerely, ✓mak-v-A-`•`(./ Leo E. Tremblay / Inspector of Buildings ' LET: scm cc: David Shea Beth Debski Councillor O'Leary, Ward 4 Certified Mail # 921 991 723 Tito of t'�Ufi= Mali sar4usetts Public Prnpertg i9epartment +i3uilbing Department (One Salem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building June 15 , 1995 Zoning Enforcement Officer Laine Chase 260 Highland Avenue Salem, Mass . 01970 RE : 260 Highland Avenue Dear Mr. Chase : On May 18 , 1995 a letter was sent to you with violations concerning the above mentioned property. A follow up inspection was conducted and to this date the violations have not been completed. If this office does not see any progress within the next fifteen ( 15 ) days , court action will be taken against you . Please give this office a call to update this matter or to inform us of reasons why these violations have not been corrected. Thank you in advance for your anticipated cooperation in this matter. Sincerely, f - y� .4 , Leo E . Tremblay 17 Inspector of Buildings LET: scm cc: Dave Shea Councillor O ' Leary, Ward 4 Larissa Brown Certified Mail # P 921 991 748 3 (fit of #aIrm, massar4usetts Public Prupertg i3epartment Nuilbing Department Mnr *stem (6rren 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 20 , 1997 Maria M. Chase 250 Highland Avenue Salem as (Dear : 250 Highland Avenue Mr . Chase : sreveral requests from neighbors an inspection was conducted of the premises at 250 Highland Avenue and the following violations were found . 1 . Remove debris ,refuse and rubbish from property and off City property (rear of property line near Verona Ave . ) 2 . Structure made safe, demolished or provided with report of structural engineer regarding soundness of structure , both trailer on back of parcel and burned out structure attached to principal structure . 3 . Remove all stone, plants ext . from city property (displays on side of Highland Ave ) in front of parcel . 4 . Remove all wood piled against unsafe, burned out structure . 5 . Remove all unregistered and uninsured vehicles from the premises or provide verification of registration. 6 . Have certificate of inspection updated to conform. 7 . Fence surrounding property must comply with City of Salem Zoning Ordinance-specifically the Entrance Corridor Overlay District . ( See enclosed copy regarding fences ) . These items must be addressed within the next fourteen ( 14 ) days or legal action will be filed against you . Thank you in advance for your anticipated cooperation in this matter . Since,r--e��� 1 f Leo E . Tre lay Inspector o Buildings LET: scm cc : John Keenan Jane Guy Councillor O ' Leary, Ward 4 SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII, §'4-19 board. The planning board shall not take final of a proposed development with the archi- action on such plan until it has received a report tecture of surrounding structures and land thereon from the inspector of buildings, city engi- uses and may request alterations to the ar- neer, board of health and conservation commis- chitecture of such proposed development to sion or until thirty-five(35)days have elapsed after ensure compatibility. distribution of such application without a submis- (4) The planning board may, in appropriate sion of a report. Notice of the filing of the appli- cases as it determines, impose further re- cation shall be given to the city clerk, fire depart- strictions upon the development or parts ment,police department,superintendent of streets thereof as a condition to granting the ap- and school department and further notice shall be proval and may waive any defined restric- given as required by the planning board, and a tions. public hearing shall be held within sixty-five (65) days after filing of an application in accordance (p In exercising its jurisdiction, the planning with Massachusetts General Laws, Chapter 40A. board shall conform to all requirements of proce- dure applicable under the Massachusetts General (d) Failure of the planning board to take final Laws, Chapter 40A, as amended, and the Salem action upon an application within ninety(90)days Zoning Ordinance. following the date of the public hearing shall be deemed to be a grant of the approval applied for. (g) Any approval granted hereunder shall lapse within two (2) years if substantial construction (e) After a notice and public hearing as set forth thereof has not commenced by such date except above, the planning board, by a two-thirds (2/3) for good cause. vote, may approve the plan provided that: (1) The proposed development shall properly Sec. 7.19. Entrance Corridor Overlay Dis• screen itself, its buildings, structures and trict. other construction with vegetative land- scaping, earth berms, fencing or other ap- (a) Purpose. The purpose of the Entrance Cor- propriate screening as determined by the ridor Overlay District is to augment underlying planning board. zoning regulations in designated areas to: (2) To protect the quality of the surrounding (1) Protect and enhance the major entrance- area and environment, if such surrounding ways into the city; and area is residential in nature, is land re- served for conservation use or is land which (2) Ensure that such areas are improved in a the board determines to be appropriate for manner which is in the best interest of the such a requirement,a buffer zone shall exist city. along the property line withinwhich no con- (b) Applicability. struction or destruction of land shall take place. The size of such zone shall be deter- (1) The Entrance Corridor Overlay District mined by the planning board according to shall be established along the corridors des- the size of the proposed development, the ignated on the zoning map. The boundaries land uses of the surrounding area, the aes- of the overlay shall be interpreted as fol- thetic aspects of the proposed development, lowing the rear lot lines of properties and all impacts of the proposed develop- fronting on the corridor or along a line one ment upon such surrounding areas which hundred fifty (150) feet from the centerline can be alleviated through such a buffer of the corridor, whichever is less. zone. (2) Properties within such district shall be con- (3) In specific instances where the planning trolled by the regulations of the underlying board deems such to be appropriate,it shall zoning districts, except as hereunder spec- assess the compatibility of the architecture ified. In instances of conflicting require- 47 Art.VII, 5 7.19 SALEM ZONING ORDINANCE SUPPLEMENTARY REGULATIONS ments, the restrictions listed below shall requirements for such landscaping are as prevail. follows: (3) The requirements of this section shall not a. Landscaping shall include one(1) tree apply to Planned Unit Development(PUD) of three and one-half-inch to four-inch proposals, or those development proposals caliper for each three (3) parking which are required to obtain a site plan spaces. Trees shall be planted in plant review special permit. beds bounded by six-inch granite curbing. (c) Dimensional and other requirements. The fol- b. No plant bed shall be less than fifteen lowing requirements shall apply to all properties (15) square feet, and no dimension of in the Entrance Corridor Overlay Districts: such plant bed shall be less than three (3) feet. (1) Fences. In order to maintain and maximize c. A planting strip of no less than three aesthetic views and sight lines, all fences (3) feet wide shall separate vehicles along the front and side lot lines shall parked face to face in a parking area. comply with the following standards: Such planting strip shall include one a. No fence along a front or side lot line (1) three and one-half-inch to four-inch shall be more than four (4) feet in caliper tree every twenty-seven(27)feet height,as measured from the curb level lin line with striping) and other appro- of' the street, or average grade eleva- priate landscaping. tion of the land where the fence is to be (5) Signage. located, whichever is deemed appro• priate, a. A sign review committee, comprised of the following members, shall be estab- b. Chainlink and wire fences are prohib- lished for the purpose of reviewing all ited along front and side lot lines. signage proposed for an Entrance Cor- c. Any fence constructed within an En- ridor Overlay District: trance Corridor Overlay District shall 1. Building inspector or his designee; require a fence permit issued by the city building department. 2. City planner or his designee; and 3. Representative of the Salem Rede.- (2) Curb cuts. Only one(1)curb cut of no greater velopment Authority. than twenty-four(24)feet shall be permitted for all residential uses. A maximum of two b. The sign review committee shall re- (2) curb cuts no greater than twenty-four view the size,location,type of material (24)feet each shall be permitted for all.com- and design of all signs located within mercial uses. an Entrance Corridor Overlay District. c. The sign review committee shall follow (3) Mechanical equipment and refuse storage the Salem Sign Ordinance,except that areas. No refuse storage areas or mechan- the sign review committee shall be al- ical equipment areas shall be located in a lowed to limit the size of all signs front yard, nor within twenty-five (25) feet within an Entrance Corridor Overlay of the front lot line of the side yard. Such District to one-half(1/2) the size which areas shall be screened from all public ways, is allowed in the underlying zone. parking areas, residential land uses and d. Approval by a simple majority of this open space areas. committee is required prior to a sign (4) Parking areas. All parking areas of more permit being granted by the city. than twelve (12) spaces shall be arranged (6) Site plan review. All new construction over and landscaped to properly screen vehicles two thousand (2,000) square feet in nonres- from adjacent properties and streets. The idential uses shall be required to be re- 48 eco r CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT f ,3' 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 Mtne FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR TO: NORTHEAST HOUSING COURT FROM: Thomas SL Pierre, Acting Building Commissioner City of Salem,Public Property Department' SUBJECT: Chase Property 250-260 Highland Ave,Salem,Ma 01970 DATE: July 12,2002 Mr.Laine Chase has continually run a landscaping and yard-supply business at 250-260 Highland Ave. This property has been the subject of Building Code,Municipal Code,and Zoning violations. This Department has taken Mr. Chase to Salem District Court regarding the storage of unregistered and uninspected vehicles on his property resulting in.a Criminal Complaint#0036CR001733. At the Hearing, Mr.Chase was found guilty and .fined$50. This took place on June 16,2000. Today,the exact same vehicles are still in place and in the exact same location. City of Salem Municipal Ordinance 24-21. Mr.Chase has also continued to occupy and drop debris on land behind his property that he does not own. It is shown on the Assessors Map,enclosed,as a Right of Way and is highlighted in red pen. City of Salem General Ordinance 38-16,38-6 and 38-7. The keeping of junk trailers or vehicles violates City of Salem Ordinance 44-32(e)10. If any further information is needed,please contact this office @ 978-745 9595 extension 380. Thomas J.SL Pie Acting Building Commissioner TJSP: ink Enclosures CRIMINAL COMPLAINT 10036CROO1733 Trial Court of Massachusetts DEFENDANT Salem District Court ' CHASE, LAINE 0 HIGHLAND AVENUE SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE SALE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR M W 0100" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth,on oath complains that on the date and at the location stated herein the defendant did commit the offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE ONGOING SALEM COMPLAINANT POLICE DEPARTMENT ST. PIERRE,TOM/CITY OF SA SALEM /CITY OF SALEM BUILDING DEPT. COPY DATE OF COMPLAINT 06/16/2000 07/12/2000 9:00 A SUMMONS J COUNT-OFFENSE 1. 666666 MISCELLANEOUS,MUNICORDINANCE/BYLAW VIOL on ONGOING 1d_STORING UNREGISTERED MOTOR VEHICLES oTY AT 250-260 HIGHLAND AVENUE,SALEM,in violation of MUNICIPAL ORDINANCE CH24 S21 of the City or Town of CITY OF SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII,4 7.2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric- REGULATIONS tive dimensional requirements. (1) Every automobile service station shall have Sec. 7.1. Trailers. a minimum lot width of one hundred twenty (120)feet and a minimum lot area of twelve (a) No person shall park, store or occupy athousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand(2,000)square feet of City of Salem, except: lot area and an additional twenty (20) feet (1) The owner of residential premises may of lot width for every two(2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. land tan be so occupied. No more than one (2) Every structure erected for use as an auto- (1) trailer is permitted with any one(1)res- mobile service station shall have a min- idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construc- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum • mitted. of fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public started to conform to the following stan- water or sewer facilities. Trailers used as tempo- dards: rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all property lines abutting street rights-of- (c) Dead storage and/or parking of trailers will way, except for portions used for be permitted in accordance with the following pro- driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved,except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- rier. (2) Trailers shall not be stored in any front c• Hydraulic hoists, pits and lubricating, yard. If stored in any side or rear year, the greasing, washing and repair equip- trailer shall not be placed closer than ten ment shall be entirely enclosed within (10) feet from any lot line or within five (5) a building. feet of any building on an adjacent lot. d. The width of driveway entrances shall be not more than twenty-four(24)feet. Sec. 7.2. Automobile service stations. e. The angle of intersection of the driveway with the street shall be not Any automobile service station or gasoline more than sixty (60) degrees. filling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than • regulations for any district in which an automo- twenty (20) feet. bile service station is located are more restrictive g. The distance between curb cuts shall than the regulations contained hereinafter, the be not less than forty (40) feet. 27 73 '3.84 7V so l0 82 0 �� a 1 1 . Z' 99s 7 90 g s000 83 .� Bs�Q `V/ 74 11q ss?s ,\ X56 O ap �/� /0 � J /06 100 r Va'8 pQ O s l� o L 1 + CL 94 �VfRpgLE up o �o - is sa/ l2 •" l�`� �os� A s + AVEN sego 90 UE n �, 680 6-100 lI$ ' zp-PS . L4 ai e Q s 9 ° t:, 183 93 6'4/y /?,3 = < zap-8 AVEN U 39 m m — E 97 466/ Z D e za�ep 98 6864 O "116 M 0 9 8 /.1 AC L4 AC I 120 m Al� N 105 ` /4040 . 3. « 119 . 18' « 6990 /3//n 13830 303-3 60=3' as wa zaa-e —� z ---- <- c• zee � wee 280 200244 234 zei zee 'AVE NUE tet - zz itsEMENT /�ent EEGEMINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Page 2/3 GEMINI GEOTECHNICAL ASSOCIATES, INC Geotechnical and Environmental Engitleers and Con.t,[tnnt May 26,2006 Project No. 06068MA Atty. James F. Mears,Jr. Goldman & Mears Attorneys at Law 30 Central Street Peabody, MA 01960-6893 Re: Retaining Wall Evaluation Stone Works and Dunkin' Donuts Properties 242 Highland Avenue Salem,Massachusetts Dear Mr. Mears: At your request, I reviewed Rizzo design calculations and performed a field inspection of the block retaining wall separating Stone Works and the Dunkin' Donuts on Highland Avenue in Salem. This letter report documents my observations, findings, and recommendations to ensure a safe condition on the Dunkin' Donuts property. I visited the site on May 19, 2006. I did not enter the Stone Works property because I was not provided with legal access,but 1 inspected the wall from the street and from the Dunkin' Donuts drive-thru lane. The wall varies in height along the property line, and appears to have an average height of approximately 7 feet. A metal fence is installed in front of the wall, apparently to prevent objects from falling over the top of the wall. I observed piles of stone near the wall, and extends approximately 3 feet above the top of the block wall. At least one piece of heavy equipment was parked near the fence. The wall is founded directly upon the bedrock that was blasted to make room for the whether the wall Dunkin' Donuts building and drive-thru lane. It was not apparent v v was retaining soil or whether it was just placed as a safety barrier. Upon reviewing the Rizzo calculations, it became apparent that the block wall was designed as an engineered soil retaining wall, specifically a Conigliaro Plas-Crete Block Segmental Wall. The design appears adequate, although reportedly the Salem Building Inspector, Tom. St. Pierre, had ordered that reinforcing steel be added to the wall to further anchor it to the bedrock. Additionally, the Live Load surcharge assumed in the calculation,is 250 pounds per square foot (pso, which is equivalent to a 2-foot high 135 Lafayette Road • No.Hampton, NH 03862 • 603.964.3788 • Fax 603.964.3792 1050 Winter Street, Suite 100• Waltham,MA 02451 • 781.530.3818 • Fax 781.530.3605 wwm.geminigeo.con, I i ; Sent Ply^ GEMINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Page 3/3 May 26, 2006 Atty. Jaynes:-tears, Goldman &Mears Page 2 Stone Works Retaining Wall, Salem MA stone pile. From my observations, it appeared that the stone piles placed near the edge of the wall were significantly higher. Assuming that the wall as constructed is a properly designed soil retaining structure, I have two concerns. The primary issue with the wall is one of physical safety. It appears that the steel fence is the only barrier to restrain stockpiled stone or vehicles from falling over the wall on to the Dunkin Donuts drive-thru lane. Clearly, a more significant barrier or separation is required to provide a safe condition to the workers and customers of Dunkin Donuts. Secondly, the wall may not be adequately designed to resist the lateral loads of heavy equipment or stockpiled soils placed close to the edge. In order to minimize the risk of falling objects and reduce the effect of excessive surcharge loads, we propose that any such load should be placed at least the wall height away from the edge of the wall. Installing Jersey barriers and creating an "isolation zone" would provide sufficient protection. If you have any questions, or require additional information, please do not hesitate to contact this office. Very truly yours, GPMINI GEOTECHNICAL ASSOCIATES, INC. Frank S. Vetere, P.E.,L.S.P. Principal, FRANK Director of Technical Services S. � YETER'c 1 N0.29634 O Attachments roNA+. CC Mr.Tom St. Pierre Building Inspector Salem, Massachusetts I j I � Sf,nt Ev� (:E:MINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Page 1 I GEMINI GEOTECHNICAL ASSOCIATES, INC. Geotechnical and Environmental Engineers and Consultants Fax Transmittal Cover Sheet Company: J� �U�LDlt[4 �I�SPEC�o� � From: F2fiAir-- Date: qz k� # of Pages (Including Cover): Q�� X46 Our Fax#: 603.964.3792 Destination Fax¥: 7 4D -- --f-�- Comments: PRIVILEGED & CONFIDENTIAL!!! )'lease deliver immediately iroon receipt!!! /�71E"2 12E��,eDitc{4 s10.tl� (/Jo�llS � �O,LIX�,c( ,J�ou�t�' j Please call its at 603.964.3788 if there was any problem with the transmission of this document. i i 135 Lafayette Road•No. Hampton, NH 03562 • 603.964.3788 • Fax 603.964.3792 1050 Winter Street,Sidte 300 • Vyaltluun,MA 02451. 7S1.5303:SIS • Fax 781-530.360, au�r,geutixiyeo.cow .co CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ;g 120 WASHINGTON STREET, 3RD FLOOR a SALEM, MA 01 970 TEL. (978) 745-9595 EXT. 380 r' FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR TO: NORTHEAST HOUSING COURT FROM: Thomas St.Pierre, Acting Building Commissioner City of Salem,Public Property Department - t SUBJECT: Chase Property 250-260 Highland Ave,Salem,Ma 01970 DATE: July 12,2002 Mr.Laine Chase has continually run a landscaping and yard-supply business at 250-260 Highland Ave. This property has been the subject of Building Code,Municipal Code,and Zoning violations. This Department has taken Mr.Chase to Salem District Court regarding the storage of unregistered and uninspected vehicles on his property resulting in.a Criminal Complaint#0036CR001733. At the Hearing Mr. Chase was found guilty and fined$50. This took place on June 16,2000. - Today,the eIact same vehicles are still in place and in the exact same location. City of Salem Municipal.Ordinance 24-21. Mr.Chase has also continued to occupy and drop debris on land behind his property that he does not own. It is shown on the Assessors Map,enclosed, as a Right of Way and is highlighted in red pen. City of Salem General Ordinance 38-16,38-6 and 38-7. The keeping of junk trailers or vehicles violates City of Salem Ordinance 44-32(e)10. If any further information is needed,please contact this office @ 978-745 9595 extension 380. rA mim 4_6_114711�- Thomas J. St.Pier Acting Building Commissioner TJSP: ink Enclosures ® SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII,¢7-2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric- REGULATIONS tive dimensional requirements. (1) Every automobile service station shall have Sec. 7.1. Trailers. a minimum lot width of one hundred twenty (120)feet and a minimum lot area of twelve (a) No person shall park, store or occupy athousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand(2,000)square feet of City of Salem, except: I lot area and an additional twenty (20) feet (1) The owner of residential premises may of lot width for every two(2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to:exceed twenty (20) days. A special. and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. land can be so occupied. No more than one (2) Every structure erected for use as.an auto (1)trailer is permitted with any one (1) res- mobile service station shall have a min- idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construc- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum • miltedof fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan- water or sewer facilities. Trailers used as tempo- dards: rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all (c) Dead storage and/or parking of trailers will property lines abutting street rights-of- be permitted in accordance with the following pro- `Wray, except for portions used for driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved,except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- rier. (2) Trailers shall not be stored in any front yard. If stored in any side or rear year, the c. Hydraulic hoists, pits and lubricating, trailer shall not be placed closer than ten greasing, washing and repair equip- (10) feet from any lot line or within five (5 (10) ment shall be entirely enclosed within feet of any building on an adjacent lot. a building. d. The width of driveway entrances shall be not more than twenty-four(24)feet. Sec. 7.2. Automobile service stations. e. The angle of intersection of the i. driveway with the street shall be not Any automobile service station or gasoline more than sixty (60) degrees. filling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than • regulations for any district in which an automo- twenty (20) feet. bile service station is located are more restrictive g. The distance between curb cuts shall than the regulations contained hereinafter, the be not less than forty (40) feet. 27 CAJ a �a v 73 . o / A `�9 a 13,847s0 o ^�, g 99 / Joh � N C) 79 5p SOOO 4 83 ry `�0 6/08 O 114 67 Q \\ 569 99J /0 /Oi/0 056 /l ?O° f 1'�I mw 6q, 100 , VC 6ggO L ao ERDgLE nos V 109 / , AVEIyUE..r, JB9p e8 J�9 6500 Ilg PO . vy 9 /09/3 lel G 5 0 9 /03 i6s9 a2 REEN(q ea 90. o„�6J .. /p9 15 - e ”/goo_ I S 49 6 " Ig -- 6q 92.339 a' m _ zeo_s 4VENUf 'a _. to 97 O 4861 ` z ° sass 98 68O64 s `'116 g" �'L5AC L4AC 120 � o 105 s :" vv • 14040 4 . rnm a 117: l 119 " 6990 131/n 13850 40 303-S ao-s, le as zea-e 2!0 244 !!° 267 !6° AVENUE sal - as 318 DRAIN ELMENT o � u 71a '� MAR 8 -2002 THE COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM MASSACHUSETTS GENERAL LAWS, CHAPTER 148 BOARD MIRMURRANCIS CALVIN,SECRETARY OF THE COMMONWEALTH CHAP. 148-continued 148:23A. Inflammable anti-freeze in hydrants. Section 23A. No inflammable fluid shall be used as an anti-freeze mixture in hydrants used to convey water for extinguishing fires. C148:24. ) Keeping and handling of fire menace material;carpenter or paint shop in ` 6abitlfion. Section 24. No part of any building used for habitation nor that part of any lot within fifty feet of any building so used shall,except as permitted by sectiontwenty-three,be used for the storage, keeping or handling of any article or material that is or may become dangerous to the public safety as a fire menace, and no part of any such building shall be used as a carpenter shop or paint shop,nor for the storage,keeping or handling of excelsior, shavings, sawdust, cotton, paper stock, feathers or rags, except trader such terns and conditions as the head of the fire department may prescribe in writing. 148:25. Use of salamanders or stoves for drying materials. Section 25. No salamander or stove for drying any construction material shall be used in any building except under such conditions as may be prescribed by the board; and no such salamander or stove shall be set upon a wooden floor unless it is raised above the floor at least four inches and set upon brick or other incombustible material in a bed of sand at least two inches thick, spread upon the floor and covering an area of at least two feet in all directions larger than the area of the salamander or stove. 148:25A. Second hand space heaters; unvented space heaters. Section 25A. No person shall sell, offer for sale or install a secondhand space heater, or a secondhand portable stove which uses kerosene, range oil or number one fuel oil for fuel. No person shall install or use in any building which is used in whole or in part for human habitation an unvented space heater which uses gas or oil as a fuel, Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars. 148:25B. Unvented liquid fired space beaters; use or sale prohibited. Section 25B. No person shall use,allow to be used, sell or offer for sale any unvented liquid fired space heater. As used in this section, "space heater" includes portable space heater,parlor heater,cabinet heater,room heater and any similar heater having a barometric - fed fuel control and its fuel supply tank located less than forty-two inches from the center of the bumer and means the type of heating appliance adapted for burning kerosene,range oil or number one fuel oil and used principally for the heating of the space in and adjacent to that in which such appliance is located. Whoever violates any provision,, of this section shall be punished by a fine of not more than one hundred dollars. 19 l d WObd WdlO'9 ZOZ-80-£ 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 10.02, continued "In Case of Clothing Fire STOP,DROP and ROLL" The location of the Emergency Wash System Stations, and Fire Blankets shall be clearly indicated by signs of contrasting color,either RED and WIM or GREEN and WHITE. The signs shall be at least 70 square inches in area bearing the words "EMERGENCY WASH STATION",or'SAFETY SHOWER'or"FILE BLANKET". Every wash station shall be tested by the owner of the building or his designee twice annually(every six months) for proper Flow and operation. The owner shall upon request, provide the fire depatouerd with the test result,(including but not limited to):date of test,station operation,system malfunctions,and the name of the person performing the tesr. Each student shall be advised of the location and proper use of the above emergency safety equipment by the teacher,instructor,or person in charge of the class before the first experiment is conducted. Each student shag also be instructed in the proper procedure for the extinguishment of clothing fees at least twice during the course,as directed by the head of the face department. The installation and operation of each safety device noted above shall be in order before the commencement of any class conducting laboratory experiments. (1) Any obstacle which may interfere with the means of egress or escape from any building or other premises,or with the access to any part of said building or premises by the fire department in ease of 5M shall be removed from aisles,floors,halls,stairways and fire escapes. Doors and windows designated as exits shag be kept clear at all times. (2) Such aisles,floors,halls, stairways,fire escapes,doors and windows shall be kept in good repair and ready for use,and shall be kept properly lighted as required by 790 CMR. (3) Any vessel moored to or anchored near any dock or pier or located within the jurisdiction of any harbor or on any other water of the Commomvcalth,which vessel is a danger by reason Of explosion or fire,shag remain secure or be secured to such dock,mooring,or anchorage until the fire has been suppressed or the removal is ordered by the head of the fire department or his designated representarive- (4) Ace mm llarimae of Waste. Accumulations of waste paper,wood,hay,straw,weeds,lirter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court,yard,vacant lot,alley,perking lot or open space,beneath a grandstand, pier, wharf or other sbnilar structure. All weeds, grass, vines or other growth, when same endangers property, or is liable to be feed, shall be cud down and removed by the owner or oempam of the property. All combustible rubbish,oily rags or waste material when kept within a building, shag be stored in accordance with 527 CMR 14.00. Storage shall not produce conditions which in the opinion and judgment of the head of the fire department will tend to create a nuisance or a hazard to the public health,safety or welfare. (5) Materiel"Signal; (a) mpg®(. The storage of combustible or flammable material shall be confined to approved storage stems. (b) Permit r u;red:A person shall not store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers;or rubber tires,baled cotton,rubber,cork or other similarly combustible material without having obtained a permit from the head of the fire department. (c) Inside storag5 Storage in buildings and structures shall be orderly,shall not be within two feet of the ailing,and shall be located so as not to obstruct egress from the building. —_� (d) Outside storage. The outside storage of combustible or flammable materials shall not be more than 20'in height and shall be compact and orderly. Such storage shall be located as not to constitute a hazard and not less than 25'Som any other building on the site or from a lot line. (6) Q29V-EAM9J2AnM, Open Flame devices and special food service devices shall comply with the requirements of NFPA 101. 1/10/97 527 C WL- 1 19 Z d WOUd WdZO:V ZOZ-130—E CITY OF SALEM, MASSACHUSETTS ;r. BUILDING DEPARTMENT !,;,� tr• 120 WASHINGTON STREET, 3RD FLOOR ^- �" TEL (978) 745-9595 FAx(97 8) 740-9846 ICIMBERLEY DRISCOLL MAYOR THOMAS ST-PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 15, 2006 Laine Chase Angel Chase-Randell 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chaise: This Department sent you a letter on July 14, 2004 in response to an incident where materials from your property fell onto the drive thru lane at Dunkin Donuts. l You were ordered to cease stockpiling materials on that area of your property until "such time that a properly engineered and properly permitted retaining wall is constructed." As you are aware, under the threat of prosecution, you finally agreed to construct a wall. It would appear both from Rizzo, the designer of the wall and from a report, received by this office from Frank S. Vetere, P.E., LSP that the wall was designed and built for retaining soil and not to safeguard the drive thru lane on the abutting property. I have enclosed a copy of Mr. Vetere's letter. All through this process, it was clear that the wall was to be built for the purpose of public safety. Given the information provided by both Rizzo Associates and Mr. Vetere, I am directing you to provide a letter or statement from a qualified Engineer. The letter needs to state that the wall built is sufficient to safeguard the drive thru lane next door. The letter needs to include any requirements, limitations on use, or any other conditions that would provide for the protection of the drive thru lane next door. This letter is required to be in this office within 15 days upon your receipt of this letter. T Sincerely, ;4 , Thomas St. Pierre Building Commissioner cc: Jason Silva Attorney Richard Weitzen Attorney David Harris Elizabeth Rennard, City Solicitor I I 1 , `r Sant By: GEMINI GEOTECHNICAL; 16030643792; May-26.06 13,51 ; Page 213 C _ GEMINI_- GEOTECHNICAL ASSOCIATES, INC. Geotechnical and Envirownental E11,011ehrti arld Ccnsitltan" May 26,2006 Project No. 06068MA Atty. James F. Mears,Jr. Goldman &Mears Attorneys at Law 30 Central Street Peabody, MA 01960-6893 i Re: Retaining Wall Evaluation Stone Works and Dunkin'Donuts Properties 242 Highland Avenue Salem,Massachusetts Dear Mr. Mears: At your request, I reviewed Rizzo design calculations and performed a field inspection of the block retaining wall separating Stone Works and the Dunkin' Donuts on Highland Avenue in Salem. This letter report documents my observations, findings, and recommendations to ensure a safe condition on the Dunkin' Donuts property. I visited the site on May 19, 2006. I did not enter the Stone Works property because I was not provided with legal access,but I inspected the wall from the street and from the Dunkin' Donuts drive-thru lane. The wall varies in height along the property line, and appears to have an average height of approximately 7 feet. A metal fence is installed in front of the wall, apparently to prevent objects from falling over the top of the wall. 1 observed piles of stone near the wall, and extends approximately 3 feet above the top of the block wall. At least one piece of heavy equipment was parked near the fence. The wall is founded directly upon the bedrock that was blasted to make room for the Dunkin' Donuts building and drive-thru lane It was not apparent whether the wall was retaining soil or whether it was just placed as a safety barrier. Upon reviewing the Rizzo calculations, it became apparent that the block wall was j designed as an engineered soil retaining wall, specifically a Conigliaro Plas-Cret e Block Segmental Wall. The design appears adequate, although reportedly the Salem Building Inspector, Torn St. Pierre, had ordered that reinforcing steel be added to the wall to further anchor it to the bedrock. Additionally, the Live Load surcharge assumed in the calculation is 250 pounds per square foot (psf), which is equivalent to a 2-foot high 135 Lafayette Road• No.Hampton, NH 03862 • 603.064.3788 • Fax 603.964.3792 1050 Winter Street, Suite 100 • Walthant,MA 02451 • 781.9.30.3818 • Faa 781.530,360.5 - wro��t,�eminigeo.co�r� 'ient Eye: GEMINI GE-OTECHNICAL; 16039643792; May-26-06 13:51 ; Paye 3/3 May 26, 2006 Atty. James :Mears, Goldman&Mears page 2 titone Works Retaining Wall, Salem W stone pile. From my observations, it appeared that the stone piles placed near the edge of the wall were significantly higher. a properly designed soil retaining Assuming that the wall as constructed is structure, 1 two concerns. The primary issue with the wall is one of physical safety. It appears have that the steel fence is the only barrier to restrain stockpiled stone or vehicles from falling drive-thru lane. Clearly, a more significant over the wall on to the Dunkin Donuts barrier or separation is required to provide a safe condition to the workers and customers of Dunkin Donuts. Secondly, the wall may not be adequately designed to resist the lateral loads of heavy equipment or stockpiled soils placed close to the edge. In order to minimize the risk of falling objects and reduce the effect of excessive ' h load should be placed at least the wall height surcharge loads,we propose that any sue f away from the edge of the wall. Installing Jersey barriers and creating an "isolation zone" would provide sufficient protection. jIf you have any questions, or require additional information, please do not hesitate to contact this office. Very truly yours, GTMINI GEOTECHNICAL ASSOCIATES, INC. Frank S. Vetere,P.E., L.S.P. Principal, /RANK - $. Director of Technical Services ygrERE j Attachments NIT1I.Er,j cc: Mr.Tom St. Pierre Building Inspector Salem, Massachusetts 1 � � E 'r Sant Ey: GEMINI GEOTECHNICAL; J6039642702; Mav-26.06 13;51 ; Page 2'3 CU GEMINI GEOTECHNICAL ASSOCIATES_, INC. - — Geotechnical and Environmental Engiticers alld CGn9i"ttfnt.` May 26,2006 Project No.06068MA Atty. James F. Mears,Jr. Goldman & Mears Attorneys at Law 30 Central Street Peabody, MA 01960-6893 Re: Retaining Wall Evaluation Stone Works and Dunkin' Donuts Properties 242 Highland Avenue Salem,Massachusetts Dear Mr. Mears: At your request, I reviewed Rizzo design calculations and performed a field inspection of the block retaining wall separating Stone Works and the Dunkin' Donuts on Highland Avenue in Salem. This letter report documents my observations, findings, and recommendations to ensure a safe condition on the Dunkin' Donuts property. I visited the site on May 19, 2006. I did not enter the Stone Works property because I was not provided with legal access,but I inspected the wall from the street and from the Dunkin' Donuts drive-thru lane. The wall varies in height along the property line, and appears to have an average height of approximately 7 feet. A metal fence is installed in front of the wall, apparently to prevent objects from falling over the top of the wall. l observed piles of stone near the wall, and extends approximately 3 feet above the top of the block wall. At least one piece of heavy equipment was parked near the fence. The wall is founded directly upon the bedrock that was blasted to make room for the Dunkin' Donuts building and drive-thru lane. It was not apparent whether the wall was retaining soil or whether it was just placed as a safety barrier. Upon reviewing the Rizzo calculations, it became apparent that the block wall was designed as an engineered soil retaining wall, specifically a Conigliaro Plas-Crete Block Segmental Wall. The design appears adequate, although reportedly the Salem Building Inspector, Tom St. Pierre, had ordered that reinforcing steel be added to the wall to further anchor it to the bedrock. Additionally, the Live Load surcharge assumed in the calculation is 250 pounds per square foot (psf), which is equivalent to a 2-foot high 135 Lafayette Road• No.Hampton, NH 03862 • 603.964.3788 • Faa 603.964.3792 1050 Winter Street, Suite 100 • Waltham,MA 02451 • 781.:5.303818 • Fax 781.530.360 5 ruwrn,Qem htigeo.corn iont .E} GLMINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Paye 3/3 Mny 26, 2006 Ath,/. Jaynes:blears,Goldman&Mears Page 2 Sfoite Works Retaining Wall, Salent MA stone pile. From my observations, it appeared that the stone piles placed near the edge of the wall were significantly higher. Assuming that the wall as constructed is a properly designed soil retaining structure, I have two concerns. The primary issue with the wall is one of physical safety. It appears that the steel fence is the only barrier to restrain stockpiled stone or vehicles from falling over the wall on to the Dunkin' Donuts drive-thru lane. Clearly, a more significant barrier or separation is required to provide a safe condition to the workers and customers of Dunkin Donuts. Secondly, the wall may not be adequately designed to resist the lateral loads of heavy equipment or stockpiled soils placed close to the edge. In order to minimize the risk of falling objects and reduce the effect of excessive surcharge loads, we propose that any such load should be placed at least the wall height away from the edge of the wall. Installing jersey barriers and creating an "isolation zone" would provide sufficient protection. if you have any questions, or require additional information, please do not hesitate to contact this office. Very truly yours, G INI GEOTECHNICAL ASSOCIATES,INC. rs. Frank S. Vetere,P.E.,L.S.P. oa Principal, A HK S. Director of Technical Services yEiERE f I, � N0.�98���r•'+' Attachments �O�NAS cc: Mr.Tom St. Pierre Building Inspector Salem, Massachusetts _ R S �tit Ey: GEMINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Page 2'3 GEMINI GEOTECHNICAL ASSOCIATES_, INC. Geotechnical and Environmental hngt 1ee1's arul Ccrtsulfanlr May 26,2006 Project No.06068MA Atty• James F. Mears,Jr. Goldman &Mears Attorneys at Law 30 Central Street Peabody, MA 01960-6893 Re: Retaining Wall Evaluation Stone Works and Dunkin' Donuts Properties 242 Highland Avenue Salem,Massachusetts Dear Mr. Mears: At your request, I reviewed Rizzo design calculations and performed a field inspection of the block retaining wall separating Stone Works and the Dunkin' Donuts on Highland Avenue in Salem. This letter report documents my observations, findings, and recommendations to ensure a safe condition on the Dunkin' Donuts property. I visited the site on May 19, 2006. I did not enter the Stone Works property because I was not provided with legal access,but I inspected the wall from the street and from the Dunkin' Donuts drive-thru lane. The wall varies in height along the property line, and appears to have an average height of approximately 7 feet. A metal fence is installed in front of the wall, apparently to prevent objects from falling over the top of the wall. I observed piles of stone near the wall, and extends approximately 3 feet above the top of the block wall. At least one piece of heavy equipment was parked near the fence. The wall is founded directly upon the bedrock that was blasted to make room for the Dunkin' Donuts building and drive-thru lane It was not apparent whether the wall was retaining soil or whether it was just placed as a safety barrier. Upon reviewing the Rizzo calculations, it became apparent that the block wall was designed as an engineered soil retaining wall, specifically a Conigliaro Plas-Crete Block Segmental Wall. The design appears adequate, although reportedly the Salem Building Inspector, Tom St. Pierre, had ordered that reinforcing steel be added to the wall to further anchor it to the bedrock. Additionally, the Live Load surcharge assumed in the calculation is 250 pounds per square foot (pso, which is equivalent to a 2-foot high 135 Lafayette Road• No.Hampton, NH 03862 • 603.064.3788 • Fns 603.964.3791 1050 Winter Street, Suite 100• Waltham,MA 02451 • 781.:130.3818 • FaA 781.530,3605 ururv.,geminigeo.corn ivllt .E • CiFMINI GEOTECHNICAL; 16039643792; May-26-06 13:51 ; Paye 3/3 May 26, 2006 Aity. Inines :Mears, Goldman&Mears page 2 gone Warks Retaining Wall, Salern MA stone pile. From my observations, it appeared that the stone piles placed near the edge of the wall were significantly higher. Assuming that the wall as constructed is a properly designed soil retaining structure, 1 ith the wall is one of physical safety. It appears have two concerns. The primary issue w that the steel fence is the only barrier to restrain stockpiled stone or vehicles from falling over the wall on to the Dunkin' Donuts drive-thru lane. Clearly, a more significant barrier or separation is required to provide a safe condition to the workers and customers of Dunkin Donuts. Secondly, the wall may not be adequately designed to or stockpiled soils placed close to the edge. resist the lateral loads of heavy equipment In order to minimize the risk of falling objects and reduce the effect of excessive surcharge loads, we propose that any such load should be placed at least the wall height away from the edge of the wall. Installing Jersey barriers and creating an "isolation zone" would provide sufficient protection. If you have any questions, or require additional information, please do not hesitate to contact this office. Very truly yours, G INI��GEOTECHNICAL ASSOCIATES, INC. �p�, iw`►v�— aOW�oi ', Frank S. Vetere,P.E.,L.S.P. u. Principal, nMK S. Director of Technical Services yETERE Ka 34.c) Attachments ' HAL cc: Mr.Tom St. Pierre Building Inspector Salem, Massachusetts MASS HIGHWAY Mitt Romney Kerry Healey Daniel A. Grabauskas John Cogliano Governor Lt.Governor Secretary Commissioner September 30, 2003 Thomas St. Pierre, Acting Building Commissioner City of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 i Dear Mr. St. Pierre: This is in response to your recent correspondence relative to Mr. Lane Chase placing building materials, a shed and various other items on the sidewalk in front of his property at 250-26Q Highland Avenue, Route 107, thereby creating a distraction to passing motorists. ' Maintenance personnel from this office conducted an investigation at the site and took pictures of the materials on the sidewalk. Mr. Lane met with our maintenance people during the investigation and indicated to them that the materials were on his property. He pointed to a marker in the roadway that he said was the limits of his property. (Please see attached) Because Mr. Lane is disputing his property limits the District Survey Section has been requested to establish the sideline in that area. After there has been a determination of the state highway sideline, Mr. Lane will be directed to remove the aforementioned materials. , If there are any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at (781) 641-8449. Since Stephen T. O' Donnell District Highway Director DA/da r .. . Massachusetts Highway Department•District 4.519 Appleton Street, Arlington, MA 02476•(781) 641-8300 C,1 MASS HIGHIIVAY Mitt Romney Kerry Healey Daniel A Grabauskas John Cogliano Governor Lt.Governor Secretary Commissioner September 30, 2003 Thomas St. Pierre, Acting Building Commissioner City of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre: This is in response to your recent correspondence relative to Mr. Lane Chase placing building materials, a shed and various other items on the sidewalk in front of his property at 250-260 Highland Avenue, Route 107, thereby creating a distraction to passing motorists. Maintenance personnel from this office conducted an investigation at the site and took pictures of the materials on the sidewalk. Mr. Lane met with our maintenance people during the investigation and indicated to them that the materials were on his property. He pointed to a marker in the roadway that he said was the limits of his property. (Please see attached) Because Mr. Lane is disputing his property limits the District Survey Section has been requested to establish the sideline in that area. After there has been a determination of the state highway sideline, Mr. Lane will be directed to remove the aforementioned materials. ) If there are any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at (781) 641-8449. Sinc Stephen T. O' Donnell District Highway Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781)641-8300 0 MASS /��/ H�GHw�Y Mitt Romney Kerry Healey Daniel A Gtaiwskas John Cogliano Govemor Lt.Govemor Secretary Commissioner November 21, 2003 Thomas St. Pierre, Acting Building Commissioner City Of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre: Reference is made to your recent correspondence relative to the occupant of 250-260 Highland Avenue, Route 107, creating a distraction to passing motorist by placing building materials and various other items on the sidewalk in front of his property. Please be informed the District Four Survey Section established the sideline in that area and it has been determined that Mr. Chase is in fact encroaching on state property. Correspondence will be forwarded to Mr.Chase directing him to remove any encroaching objects from the sidewalk. If you have any further questions regarding this matter please call David Aznavoorian, Assistant District Maintenance Engineer at(781)-641-8449. Sincerel <� Stephen T. O'Donnell District Highway Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781)641-8300 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the _ to the performance of on-site project issuance of the written notice of violation. representation shall be bome by the owner. c 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act,conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR. responsible: 1. personally, by any person authorized by the 780 CMR 11&0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use,occupy or change the responsible party's last and usual place of the use or occupancy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3. by sending the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR,or cause same to be done,in requested, if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation: The building official shall the premises in violation and by publishing it for r' serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection,construction,alteration, or more newspapers of general circulation extension repair,removal,demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in 780 CMR 119.0 STOP WORK ORDER violation of permit or certificate issued under the provisions of 780 CMR. Such order shall be in 119.1 Notice to owner: Upon notice from the writing and shall direct the discontinuance of the building official that work on any building or illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in Ming and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved or to the owner's agent,or to the violation or to require the removal or termination of person doing the work;and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 119.2 Unlawful continuance: Any person who shall continue any work in or about the building or 118.4 Violation penalties: Whoever violates any structure after having been served with a stop work pro4ision of 780 CMR,except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than $1,000 or by.imprisonment for not shall be liable to a fine of not more than$1,000 or more than one year,or both for each such violation. by imprisonment for not more than one year,or both Each^day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. � shall not begin criminal prosecution for such 26 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the _ to the performance of on-site project issuance of the written notice of violation. , representation shall be bome by the owner. 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR. responsible: I. personally, by any person authorized by the 780 CMR 118.0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful arts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use, occupy or change the responsible party's last and usual place of the use or occupancy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3 by sending the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR,or cause same to be done,in requested,if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation: The building official shall the premises in violation and by publishing it for serve a notice of violation or order on the person at least three out of five consecutive days in one ( _ responsible for the erection,construction, alteration, or more newspapers of general circulation extension, repair,removal, demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in 780 CMR 119.0 STOP WORK ORDER violation of a pemtit or certificate issued under the provisions of 780 CMR. Such order shall be in 119.1 Notice to owner: Upon notice from the writing and shall direct the discontinuance of the building official that work on any building or illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be _ official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved or to the owner's agent,or to the violation or to require the removal or termination of person doing the work; and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 119.2 Unlawful continuance: Any person who shall continue any work in or about the building or 118.4 Violation:penalties: Whoever violates any structure after having been served with a stop work provision of 780 CMR except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than $1,000 or by imprisonment for not shall be liable to a fine of not more than $1,000 or more than one year, or both for each such violation. by imprisonment for not more than one year,or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. shall not begin criminal prosecution for such 26 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. representation shall be bome by the owner. -, 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMR 117.0 WORKMANSEEIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR. responsible: 1. personally, by any person authorized by the 780 CMR 11&0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use,occupy or change the responsible party's last and usual place of the use or occupancy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3, by sending the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail ream receipt regulated by 780 CMR,or cause same to be done,in requested,if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4. if the responsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation:The building official shall the premises in violation and by publishing it for ' serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection,construction,alteration, or more newspapers of general circulation extension,repair,removal, demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in 780 CMR 119.0 STOP WORK ORDER violation of.a permit or certificate issued under the provisions of 780 CMR. Such order shall be in 119.1 Notice to owner: Upon notice from the writing and shall direct the discontinuance of the building official that work on any building or illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved or to the owner's agent,or to the violation or to require the removal or termination of person doing the work;and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 119.2 Unlawful continuance: Any person who shall _ continue any work in or about the building or 119.4-Violationpenalties:.Whoever violates any structure after having been served with a stop work provision of 780 CMR except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more'than $1,000 or by imprisomnent for not shall be liable to a fine of not more than$1,000 or more than one year, or both for each such violation. by imprisonment for not more than one year,or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. I. - shall not begin criminal prosecution for such '\ 26 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. !^ representation shall be bome by the owner. 118.5 Abatement of violation: The imposition of �- 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR. responsible: 1. personally, by any person authorized by the 780 CMR 118.0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use, occupy or change the responsible party's last and usual place of the use or occupancy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3. by sending the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR,or cause same to be done,in requested, if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation: The building official shall the premises in violation and by publishing it for serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection,construction, alteration, or more newspapers of general circulation extension, repair,removal,demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the. situated. provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in 780 CMR 119.0 STOP WORK ORDER violation of.a permit or certificate issued under the provisions of 780 CMR. Such order shall be in 119.1 Notice to owner: Upon notice from the writing and shall direct the discontinuance of the building official that work on any building or illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be _ official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved,or to the owner's agent,or to the violation or to require the removal or termination of person doing the work;and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 119.2 Unlawful continuance: Any person who shall continue any work in or about the building or 118.4 Violation•penalties:, Whoever violates any structure after having been served with a stop work provision of 780 CMR,except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than $1,000 or by imprisonment for not shall be liable to a fine of not more than $1,000 or more than one year, or both for each such violation. by imprisonment for not more than one year,or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. f shall not begin criminal prosecution for such " 26 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION L Secure all window and door openings in provisions of 780 CMR 34. accordance with the U.S.Fun Administration, /✓� National Arson Prevention Initiative Board Up 780 CMR 121.8:Marling or Identifying certain �.. . ) Procedures,continuously until such time as the buildings that are especially unsafe in the ase of building is reoccupied;or fire. Any building official who determines that a b. Provide 24 hour watchman services, building is especially unsafe in ase of fire under continuously until such time as the building is 780 CMR 1212, shall notify the head of the fire reoccupied;or department about the existence of said building.The c. Provide a monitored intruder alarm system building official, in cooperation and the with the at the perimeter of all floras accessible from bead of the foe department,shall mark said building grade, continuously until such time as the in accordance with the marking requirements building is reoccupied. established by the Board of Fire Prevention Said owner,as the ase may be,shall notify the Regulations in 527 CMR 10.00. budding official that the approved method chosen - to secure the building has been incorporated.Said 780 CMR I= BOARD OF APPEALS owner shall allow the building official to enter the 122.1 State Building Code Appeals Board: building for an inspection to ascertain that the Except for actions taken pursuant to 780 CMR building is secured and made safe. Said owner 121.0,whoever is aggrieved by an interpretation. shall allow the head of the fire department to enter outer,rcquireman4 direction or failure to act under the building. The building official shall be sup• 780 CMR by any agency or official of the city,town plied with records of maintenance and operation or region,or agency or official of the Statecharged if the provisions in 780 CMR 121.7 41.or c.am with the adminisnaren or enforcement of 780 CMR Used. or any of its miles or regulations, excepting any 5. Maintain any existing foe alarms or sprinkler WeciaHWcodes may systems unless written permission is obtained directly to the State Building Code Appeals Board ard as provided is from the head ofthe fire department in780 CMR 122.0. with M.G.L c. 148, 4 27A to shut off or Whoever is aggrieved by an interpretation,order. disconnect said alarms or systems requirement. direction or failure to act under- 6. Maintain utilities unless written permission is 780 CMR by any agency or official of a city,town or obtained from the building official to disconnect region charged with the administration or said utilities. Permission to disconnect utilities enforcement of780 CMR.excepting any specialized J shall not be granted if it will result to inadequate codes may appeal directly to the State Building beat to prevent freezing of an automatic sprinkler Code Appeals Board or may appeal fust to a lost or system or inadequate utilities to maintain any regional building code appeals board and if other protection systems, aged thereby he may,then appeal to the State Any building which has been made to conform to Building Code Appeals Board as provided in the provisions of this regulation during vacancy may 780 CMR 122.0. be reoccupied under its.original use and occupancy In the event an appeal is taken directly to the State classification,provided that any systemswhich were Building • Code Appeals Hoard from an disconnected or shut down during the period of interpretation,order,requirement or direction.said vacancy are restored to fully functional condition. appeal shall be fled as specified in 780 CMR The local building inspector shall be notified in 1223.1 with the StanBuildingCode AppealsBoard writing prior to re-occupancy. If said building is not later than 45 days after the service of notice changed in use or occupancy or otherwise renovated or altered it shall be subject to the applicable �x'Pe� PIN 115101 (Effective 12/12100) 28.1 EMERGENCY i 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION thereof of the interpretation, order, requirement or the interpretation,.order, requirement, direction or direction. failure to act which are the grounds of the appeals In the event the appeal is taken directly to the as well as the particular section or sections of State Building Code Appeals Board for the failure to 780 CMR which are involved in the appeal and act, the appeal shall be taken not later than 45 days the reasons for the appellant advances supporting after a request to act has been made by the aggrieved the appeal. person in writing and served upon the appropriate A copy of the appeal shall be served in building official or chief administrative officer of the accordance with 780 CMR 118.6 by the appellant state or local agency which fails to act, on the person or state, regional or local agency If the aggrieved person elects to appeal before the from whose action or inaction the appeal is taken, local or regional building code appeals board, he on or before entry of the appeal. An affidavit, shall not be allowed to enter such appeal with the under oath, that such copy has been served shall State Building Code Appeals Board until such time be filed with the Board forthwith by the appellant. as the said local or regional board renders a decision, 122.3.2 Stay of Proceedings: Entry of an appeal unless the reason for appeal the State Building shall stay all proceedings in furtherance of the Code Appeals Board is the failure of the local or action or failure to act appealed from, unless the regional board to act. PP state, regional or local agency or any person 122.2 Membership: charged with the administration or enforcement of 780 CMR presents evidence and the Board or a 122.2.1 Three member panel: The State three member panel or a single member of the Building Code Appeals Board (hereinafter Board, appointed by the chairman for said referred to in 780 CMR 122.0 as the Board)shall purpose,finds that upon the evidence presented a consist of the membership of the BBRS. The stay would involve imminent peril to life or chairman of the BBRS shall be Chairman of the property. In such an event, stay of all proceedings Board. The Chairman of the Board may designate shall be waived or the Board or three member any three members of the Board to act as a three panel or single member may order such other member panel to hold any public hearing under action necessary to preserve public safety. �-- 780 CMR 122.0 and to hear testimony and take Before waiving the stay or proceedings, the evidence. The Chairman of the Board shall select Board or three member panel or single member of -�-°� one of the three members to act as chairman of the the Board, appointed by the chairman for said said three member panel. If a three member panel purpose, shall hold a hearing and givethe is so designated,the three member panel shall act appellant and state, regional or local agency or as the Appeals Board and render a decision as any person claiming that a stay would involve provided in 780 CMR 122.0. imminent peril to life or property, notice in 122.2.2 Clerk: The administrator of the BBRS Ming of the hearing not less than 24 hours shall designate a clerk to the BBRS. The clerk before said hearing. shall keep a detailed record of all decisions and 122.3.3 Documents: Upon entry;the clerk shall appeals and a docket book on file showing the request in writing from the state,city, regional or name of each appeal properly indexed and the town officer in charge of the matter on appeal, a disposition of the appeal. Said docket book shall copy of the record and all other papers and be open to public inspection at all times during documents relative to the appeal to be transmitted normal business hours. forthwith to the Board. Said state, city, regional 122.2.3 Quorum: A majority of the Board shall or town officer shall upon receipt of the request of constitute a quorum if the appeal is heard by the the Board transmit forthwith all the papers and entire Board. documents and a copy of the record relating to the matter on appeal. 122.3 Appeals procedure for State Building Code 122.3.4 Hearings: The chairman of the Board Appeals Board: shall fix a convenient time and place for a public 122.3.1 Ent Appeals be entered on hearing. Said hearings shall be held not later than Entry: pp 30 days after the entry of such appeal, unless such forms provided by the BBRS and shall be y as t time is extended by agreement with the appellant. other amounts a accompanied s an entry fee of or such Any such party may appear in person or by agent may determinedbby the BBRS from time to time. or attorney.at such hearing. The chairman or The appeal shall be signed by the appellant or clerk shall give notice of the time and place of his attorney or agent and shall note the nameand said hearing to all parties to the hearing and to anyone else requesting notice in writing at least / address of the person or agency in whose behalf ten days prior thereto. Failure to hold a public �...� the appeal is taken and the name of the person and hearing within 30 days shall not affect the validity address wherein service of notice for the appellant of the appeal or any decision rendered. The is to be made. The appeal shall also state in detail Board or three member panel in its hearings 2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 29 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE conducted under this section shall not be bound the decision unless a later time is specified in the by strict rules of evidence prevailing in courts of decision. law or equity. 122.3.5 Conduct of Hearing: Hearing shall be 122.6 Appeals from State Building Code Appeals conducted in accordance with the informal fair Board: Any person aggrieved by a decision of the hearing rules as set forth in 801 CMR 1.02. State Building Code Appeals Board may appeal to a court of law or equity in conformance with M.G.L. 122.4 Decisions: c. 30A, § 14. 122.4.1 Votes required: If the appeal is 122.7 Local and regional board of appeals: 'conducted by a three member panel, then the concurrence of two of the three members holding 122.7.1 Local or regional board of appeals: the public hearing shall be required. If the appeal Whoever is aggrieved by an interpretation,order, requirement, direction or failure to act under is conducted by the entire Board, then a majority vote of those hearing the case shall be required. 780 CMR by any agency or official of a city, region or town=barged with the administration or 122.4.2 Standard: The Board or a three member enforcement of 780 CMR or any of its rules and panel may vary the application of any provision of regulations may appeal first to the appeals board 780 CMR in any particular case, may determine in that city, region or town or to the State the suitability of alternate materials and methods Building Code Appeals Board as provided in of construction, and provide reasonable - 780 CMR 122.0. interpretations of the provisions of 780 CMR; In the event an appeal is taken from an provided that the Board or a three-member panel interpretation, order, requirement or direction, finds that the decision to grant a variance shall not said appeal shall be filed with the local or regional conflict with the general objectives set forth appeals board not later than 45 days after the M.G.L.c. 143, §95 or with the general objectives service of notice thereof of the interpretation, of 780 CMR. order, requirement or direction. 122.4.3 Time for decision: The Board shall In the event the appeal is taken for the failure within 30 days after such hearing, unless such to act,the appeal shall be taken not later than 45 time is extended by agreement of the parties,issue days ager a request to act has been made by the i a decision or order reversing, affirming or aggrieved person in writing and served to the --- modifying in whole or in part the order, appropriate building official or chief interpretation, requirement,direction or failure to administrative officer of the city,regional or town act which is the subject matter of the appeal. agency which fails to act. Failure to render a decision within 30 days 122.7.2 Membership: Any building code board shall not affect the validity of any such decision of appeals duly established by ordinance or by or appeal. law or otherwise in a city, region or town and in Notice of and a copy of the decision shall be existence on January 1, 1975, shall qualify as a sent by the clerk to all parties to the appeal and local board of appeals under 780 CMR 122.0 anyone requesting in writing a copy of the notwithstanding anything to the contrary decision. contained herein. However, the procedure and 122.4.4 Contents of decision: All decisions rights for appeals for such board of appeals shall shall be in writing and state findings of fact, be governed by 780 CMR. conclusions and reasons for decisions. Every If a city, region or town had not duly decision shall indicate thereon the vote of eachestablished by ordinance or bylaw or otherwise a member and shall be signed by each member local or regional building code appeals board voting. A decision shall not be considered by any prior to January 1, 1975, said city,region or town person or agency as a precedent for future may establish a local or regional board of appeals, decisions. hereinafter referred to as the local board of appeals, consisting of five members appointed by 122.4.5 Additional powers: The Board or a the chief administrative officer of the city, region three member panel may impose in any decision, or town: one member appointed for five years, limitations both as to time and use, and a one for four years,one for three years, one for two continuation of any use permitted may be years and one to serve for one year;and thereafter conditioned upon compliance with future each new member to serve for five years or until amendments to 780 CMR. his successor has been appointed. 122.5 Enforcement: Upon receipt of the decision 122.7.3 Qualifications of local board members: of the Board or a three member panel,the parties to Each member of a local board of appeals the appeal shall take action forthwith to comply with established under 780 CMR 122.7.2 shall have had at least five years experience in the construction,alteration,repair and maintenance of 30 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUIIAING REGULATIONS AND STANDARDS ADMINISTRATION L Secure all window and door openings in provisions of 780 CMR 34. accordance with the U.S.Fire Administration, e National Arson Prevention Initiative Board Up 780 CMR 121.8:Marking or Identifying certain .. J Procedures,continuously until such time as the buildings that are especially unsafe In the case of building is reoccupied;or fim. Any building official who determines that a b. Provide 24 hour watchman services, building is especially unsafe in case of fire under continuously until such time as the building is 780 CMR 121.2, shall notify the bead of the fire reoccupied;or department about the existence of saidbuildiog.The c. Provide a monitored intruder alarm system building official, in cooperation and the with the at the perimeter of all floors accessible from head of the fire depamneat,shall mart said building grade, continuously until such time as the in accordance with the marking requirements building is reoccupied. established by the Board of Fut Prevention Said owner,as the case may be,shall notify the Regulations in 527 CMR 10.00. building official that the approved method chose to secure the building has been incorporated.Said 780 CMR 122A BOARD OF APPEALS owner shall allow the building official to enter the 122,1 .State Bu Cade Appeals building,for an inspection to ascertain that the ildaia Board: buildingis secured and made safe. Said owner Except h actions take pursuant an to rpr CMR 121.0. whoever is aggrieved by w interpretation, shall allow the head of the fire department to enter order.Wit,direction or failure to act under the building. The building official shall be sup- 780 CMR by any agency or official of the city,town plied with records of maintenance and operation or region,or agency or official of the State charged if the provisions in 780 CMR 121.7 4.b.or c.are with the administration or enforcement of 780 CMR Used. or any of its Hiles or regulations, excepting any 5. Maintain any existing fire alarms or sprinkler specialized codes,may appeal directly to the State systems unless written permission is obtained Building Code Appeals Board as provided in from the bead of the fire department in accordance 780 CMR 122.0. with M.G.I.. c. 148, 4 27A to shut off or Whams is aggrieved by an interpretation,order. disconnect said alarms or systems. requirement, direction or failure to act order 6. Maintain utilities unless written permission is 780 CMR by any agency or official of a city,town at obtained from the building official to&c=c t region charged with the administration or t ) said utilities. Permission to disconnect utilities enforcement of780 CMR,excepting any specialized shall not be granted if it will result in inadequate codes, my appeal directly to the State Building heat to prevent freezing of an automatic sprinkler Cade Appeals Board or may appeal fast to alocal or system or inadequate utilities to maintain any regional building code appeals board and if other protection system aggrieved thereby he may the appeal to the State Any building which has been made to conform to Building Code Appeals Board as provided in the provisions of this regulation during vacancy may 780 CMR 122.0. be reoccupied under its original use and occupancy In the event an appeal is taken directly tothe State classification,provided that any systems which were Building • Code Appeals Board from an disconnected or shot down during the period of interpretation,order,requirement or direction,said vacancy are restored to fully functional condition shall be filed as The local building inspector shall be notified in 12P� � in Tal CMR writingprior 122.3awiththestatesnildingCodeAppealasoard lm re-occupancy. If said building fs not later than 45 days after the service of notice changed in use or occupancy or otherwise renovated or altered it shall be subject to Ore applicable 115101 (Effective 17/12100) 28.1 EMERGENCY 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION thereof of the interpretation, order, requirement or the interpretation,.order, requirement, direction or direction. failure to act which are the grounds of the appeals In the event the appeal is taken directly to the as well as the particular section or sections of State Building Code Appeals Board for the failure to 780 CMR which are involved in the appeal and act, the appeal shall be taken not later than 45 days the reasons for the appellant advances supporting after a request to act has been made by the aggrieved the appeal, person in writing and served upon the appropriate A copy of the appeal shall be served in budding official or chief administrative officer of the accordance with 780 CMR 118.6 by the appellant state or local agency which fails to act. on the person or state, regional or local agency If the aggrieved person elects to appeal before the from whose action or inaction the appeal is taken, local or regional building code appeals board, he on or before entry of the appeal. An affidavit, shall not be allowed to enter such appeal with the under oath, that such copy has been served shall State Building Code Appeals Board until such time be filed with the Board forthwith by the appellant. as the said local or regional board renders a decision, 122.3.2 Stay of Proceedings: Entry of an appeal, unless the reason for appeal to the State Building shall stay all proceedings in furtherance'of the Code Appeals Board is the failure of the local or action or failure to act appealed from, unless the regional board to act. state, regional or local agency or any person 122.2 Membership: charged with the administration or enforcement of 780 CMR presents evidence and the Board or a 122.2.1 Three member panel: The State three member panel or a single member of the Building Code Appeals Board (hereinafter Board, appointed by the chairman for said referred to in 780 CMR 122.0 as the Board)shall purpose,finds that upon the evidence presented a consist of the membership of the BBRS. The stay would involve imminent peril to life or chairman of the BBRS shall be Chairman of the property. In such an event,stay of all proceedings Board. The Chairman of the Board may designate shall be waived or the Board or three member any three members of the Board to act as a three panel or single member may order such other member panel to hold any public hearing under action necessary to preserve public safety. 780 CMR 122.0 and to hear testimony and take Before waiving the stay or proceedings, the t evidence. The Chairman of the Board shall select Board or three member panel or single member of -' one of the three members to act as chairman of the the Board, appointed by the chairman for said said three member panel. If a three member panel purpose, shall hold a hearing and give the is so designated,the three member panel shall act appellant and state, regional or local agency or as the Appeals Board and render a decision as any person claiming that a stay would involve provided in 780 CMR 122.0. imminent peril to life or property, notice in 122.2.2 Clerk: The administrator of the BBRS Ming of the hearing not less than 24 hours shall designate a clerk to the BBRS. The clerk before said hearing. shall keep a detailed record of all decisions and 122.3.3 Documents: Upon entry;the clerk shall appeals and a docket book on file showing the request in writing from the state,city,regional or name of each appeal properly indexed and the town officer in charge of the matter on appeal, a disposition of the appeal. Said docket book shall copy of the record and all other papers and be open to public inspection at all times during documents relative to the appeal to be transmitted normal business hours. forthwith to the Board. Said state, city, regional 122.2.3 Quorum: A majority of the Board shall or town officer shall upon receipt of the request of constitute a quorum if the appeal is heard by the the Board transmit forthwith all the papers and entire Board. documents and a copy of the record relating to the matter on appeal. 122.3 Appeals procedure for State Building Code 122.3.4 Hearings: The chairman of the Board Appeals Board: shall fix a convenient time and place for a public 122.3.1 Ent A hearing. Said.hearings shall be held not later than Entry: Appeals shall be entered on 30 days after the entry of such appeal,unless such forms provided by the BBRS and shall be time is extended by agreement with the appellant. accompanied by an entry fee of$150 or such Any such party may appear in person or by agent other amounts as may be determined by the BBRS or attorney.at such hearing. The chairman or from time to time. clerk shall give notice of the time and place of The appeal shall signed by the appellant or said hearing to all parties to the hearing and to his attorney or agentt a and shall note the name and anyone else requesting notice in writing at least ' address the person or agency in whose behalf ten days prior thereto. Failure to hold a public .� the appeal is taken and the name of the person and hearing within 30 days shall not affect the validity address wherein service notice for the appellant of the appeal or any decision rendered. The is to be made. The appeaall shall also state in detail Board or three member panel in its hearings 2/7/97 (Effective 2/28/97) 780 CMR- Sixth Edition 29 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE conducted under this section shall not be bound the decision unless a later time is specified in the by strict rules of evidence prevailing in courts of decision. law or equity. 122.3.5 Conduct of Hearing: Hearing shall be 122.6 Appeals from State Building Code Appeals conducted in accordance with the informallfair Board: Any person aggrieved by a decision the hearing rules asset forth in 801 CMR 1.02. State Building Code Appeals Board may appeall a court of law or equity in conformance with M.G..L. 122.4 Decisions: c. 30A, § 14. 122.4.1 Votes required: If the appeal is 122.7 Local and regional board of appeals: conducted by a three member panel, then the concurrence of two of the three members holding 122.7.1 Local or regional board of appeals: the public hearing shall be required. If the appeal Whoever is aggrieved by an interpretation,order, requirement, direction or failure to act under is conducted by the entire Board,then a majority vote of those hearing the case shall be required. 780 CMR by any agency or official oa city, region or town.:barged with the administration or 122.4.2 Standard: The Board or a three member enforcement of 780 CMR or any of its rules and panel may vary the application of any provision of regulations may appeal first to the appeals board 780 CMR in any particular case, may determine in that city, region or town or to the State the suitability of alternate materials and methods Building Code Appeals Board as provided in of construction, and provide reasonable 780 CMR 122.0. interpretations of the provisions of 780 CMR; In the event an appeal is taken from an provided that the Board or a three-member panel interpretation, order, requirement or direction, finds that the decision to grant a variance shall not said appeal shall be filed with the local or regional conflict with the general objectives set forth appeals board not later than 45 days after the M.G.L.c. 143,§95 or with the general objectives service of notice thereof of the interpretation, of 780 CMR. order,requirement or direction. 122.4.3 Time for decision: The Board shall In the event the appeal is taken for the failure within 30 days after such hearing, unless such to act,the appeal shall be taken not later than 45 time is extended by agreement of the parties,issue days after a request to act has been made by the (� a decision or order reversing, affirming or aggrieved person in writing and served to the modifying in whole or in part the order, appropriate building official or chief interpretation, requirement,direction or failure to administrative officer of the city,regional or town act which is the subject matter of the appeal. agency which fails to act. Failure to render a decision within 30 days 122.7.2 Membership: Any building code board shall not affect the validity of any such decision of appeals duty established by ordinance or by or appeal. law or otherwise in a city, region or town and in Notice of and a copy of the decision shall be existence on January 1, 1975, shall qualify as a sent by the clerk to all parties to the appeal and local board of appeals under 780 CMR 122.0 anyone requesting in writing a copy of the notwithstanding anything to the contrary decision. contained herein. However, the procedure and 122.4.4 Contents of decision: All decisions rights for appeals for such board of appeals shall shall be in writing and state findings of fact, be governed by 780 CMR. conclusions and reasons for decisions. Every If a city, region or town had not duly decision shall indicate thereon the vote of each. established by ordinance or bylaw or otherwise a member and shall be signed by each member local or regional building code appeals board voting. A decision shall not be considered by any prior to January 1, 1975,said city,region or town person or agency as a precedent for future may establish a local or regional board of appeals, decisions. hereinafter referred to as the local board of appeals,consisting of five members appointed by 122.4.5 Additional powers: The Board or a the chief administrative officer of the city, region three member panel may impose in any decision, or town: one member appointed for five years, limitations both as to time and use, and a one for four years,one for three years, one for two continuation of any use permitted may be years and one to serve for one year;and thereafter conditioned upon compliance with future each new member to serve for five years or until amendments to 780 CMR. his successor has been appointed. 122.5 Enforcement: Upon receipt of the decision 122.7.3 Qualifications of local board members: of the Board or a three member panel, the parties to Each member of a local board of appeals the appeal shall take action forthwith to comply with established under 780 CMR 122.7.2 shall have had at least five years experience in the construction,alteration, repair and maintenance of 30 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CM2: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION a Secure all window and door openings in provisions of 780 CMR 34, accordance with the U.S.Fare Administration, National Arson Prevention initiative Board Up 780 CMR 121.8:Marling or identifying certain Procedures,continuously until such time as the buildings that are especially unsafe In the can of building is reoccupied;or fire. Any building official who determines that a b. Provide 24 hour watchman services, building is especially unsafe in ase of fire under continuously until such time as the building is 780 CMR 121.2, shall notify the head of the fire reoccupied;or department abomtheezisteoceofsaid budding.The c. Provide a monitored mftuder alarm system building official, in cooperation and the with the at the perimeter of all floors accessible from head of the fire department,shall marls said building grade, continuously until such time as the in eocordance with the marking requirements building is reoccupied. established by the Board of Fire Prevention Said owner,as the case may be,shall notify the Regulations in 527 CMR 10.00. building official that the approved method chosen to secure the building has been incorporated.Said 780 CMR 1220 BOARD OF APPEALS owner shall allow the building official to enter the 1221 State Building Code Appals Board: building for an inspection to ascertain that the Exp for actions taken pursuant to 780 CMR building is secured and made We. Said owner 121.0. whoever is aggrieved by an interpretation, shall allow the head of the fire deportment to enter order.requirement,direction or failure to act under the building. The building official shall be sup- 780 CMR by any agency or official of the city.town plied with records of maintenance and operation or region,or agency or official of the State charged if the provisions in 780 CMR 121.7 4.b.or c.are with the administration or enforcement of 780 CMR used. or any of its Hiles or regulations, excepting any S. Maintain any existing fire alarms or sprinkler specialized codes,may appeal directly to the State systems unless written permission is obtained Building Code Appeals Board as provided in from the head of the fire department in accordance 780 CMR 122.0. with M.G.L. c. 148, 1 27A to abut off or Whoever is aggrieved by an interpretation.order. disconnect said alarms or systema requirement, direction or failure to act under 6. Maintain utilities unless written permission is 780 CMR by any agency or official of acity,town or obtained from the building official to disconnect region charged with the administration or ( said utilities. Permission to disconnect utilities enforcement of780CMR,excepting any specialized shall not be granted if it will result in inadequate codes, may appeal directly to the State Building heat to pmevent freezing of an automatic sprinkler Code Appeals Board or may appeal first to a Ioeal or system or inadequate utilities to maintain any regional building code appeals hoard and if other Any budding whichhas been made to conform m Bon systions. uilding eved� B he may then°�t the State the provisions of this regulation during vacancy may 780 CMR 122.0.Appeals provided m be reoccupied under is original use and occupancy In the event an appeal is taken directly to the State clsssifiadc"t-provided that any systems which were Building • Code Appeals Board from an disconnected or shut down during the period of imetpreftnon.order,requirement or direction,said vacancy are restated to fully functional condition. appeal shall be filed as specified in 780 CMR The local building inspector shall be notified in 122.3.1 with the Sate Building CodeAppe&Board writing prior to re oaupany. If said building is not later than 45 days atter the service of notice changed in use or occupancy or otherwise renovated or altered it shall be subject to the applicable 1/5/01 (Effective 12112/10) 28.1 EMERGENCY 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION thereof of the interpretation, order, requirement or the interpretatiort.order, requirement,direction or 44 , direction. failure to act which are the grounds of the appeals In the event the appeal is taken directly to the as well as the particular section or sections of State Building Code Appeals Board for the failure to 780 CMR which are involved in the appeal and act, the appeal shall be taken not later than 45 days the reasons for the appellant advances supporting after a request to act has been made by the aggrieved the appeal. , person in writing and served upon the appropriate A copy of the appeal shall be served in building official or chief administrative officer of the accordance with 780 CMR 118.6 by the appellant state or local agency which fails to act. on the person or state, regional or local agency If the aggrieved person elects to appeal before the from whose action or inaction the appeal is taken, local or regional building code appeals board, he on or before entry of the appeal. An affidavit, shall not be allowed to enter such appeal with the under oath, that such copy has been served shall State Building Code Appeals Board until such time be filed with the Board forthwith by the appellant. as the said local or regional board renders a decision, 122-3.2 Stay of Proceedings: Entry of an appeal unless the reason for appeal to the State Building shall stay all proceedings in furtherance of the Code Appeals Board is the failure of the local or action or failure to act appealed from, unless the regional board to act. pp state, regional or local agency or any person 122.2 Membership: charged with the administration or enforcement of 780 CMR presents evidence and the Board or a 122.2.1 Three member panel: The State three member panel or a single member of the Building Code Appeals Board (hereinafter Board appointed by the chairman for' said referred to in 780 CMR 122.0 as the Board)shall purpose,finds that upon the evidence presented a consist of the membership of the BBRS. The stay would involve imminent peril to life or chairman of the BBRS shall be Chairman of the property. In such an event,stay of all proceedings Board. The Chairman of the Board may designate shall be waived or the Board or three member any three members of the Board to act as a three panel or single member may order such other member panel to hold any public hearing under action necessary to preserve public safety. �--e. 780 CMR 122.0 and to hear testimony and take Before waiving the stay or proceedings, the evidence. The Chairman of the Board shall select Board or three member panel or single member of one of the three members to act as chairman of the the Board, appointed by the chairman for said said three member panel. If a three member panel purpose, shall hold a hearing and give the is so designated,the three member panel shall act appellant and state, regional or local agency or as the Appeals Board and render a decision as any person claiming that a stay would involve provided in 780 CMR 122.0. imminent peril to life or property, notice in 122.2.2 Clerk: The administrator of the BBRS Ming of the hearing not less than 24 hours shall designate a clerk to the BBRS. The clerk before said hearing. shall keep a detailed record of all decisions and 1223.3 Documents: Upon entry;the clerk shall appeals and a docket book on file showing the request in writing from the state,city, regional or name of each appeal properly indexed and the town officer in charge of the matter on appeal, a disposition of the appeal. Said docket book shall copy of the record and all other papers and be open to public inspection at all times during documents relative to the appeal to be transmitted normal business hours. forthwith to the Board. Said state, city, regional 122.2.3 Quorum: A majority of the Board shall or town officer shall upon receipt of the request of constitute a quorum if the appeal is heard by the the Board transmit forthwith all the papers and entire Board. documents and a copy of the record relating to the matter on appeal. 1223 Appeals procedure for State Building Code 122.3.4 Hearings: The chairman of the Board Appeals Board: shall fix a convenient time and place for a public 122.3.1 Ent Appeals shall be entered on hearing. Said.hearings shall be held not later than Entry: pp 30 days after the entry of such appeal,unless such fortes provided by the BBRS and shall be time is extended by agreement with the appellant. accompanied by an entry fee of$150 or such Any such party may appear in person or by agent other amounts as may be determined by the BBRS from time to time. or attorneyat such hearing. The chairman or The appeal shall be signed by the appellant or clerk shall give notice of the time and place of his attorney or agent and shall note the nameand said hearing to all parties to the hearing and to anyone else requesting notice in writing at least address of the person or agency in whose behalf .� the appeal is taken and the name of the person and ten days prior thereto. Failure to hold a public address wherein service of notice for the appellant hearing within 30 days shall not affect the validity is to be made. The appeal shall also state in detail of the appeal or any decision rendered. The Board or three member panel in its hearings 2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 29 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE conducted under this section shall not be bound the decision unless a later time is specified in the +� by strict rules of evidence prevailing in courts of decision. law or equity. 122.3.5 Conduct of Hearing: Hearing shall be 122.6 Appeals from State Building Code Appeals conducted in accordance with the informal/fair Board: Any person aggrieved by a decision l the hearing rules as set forth in 801 CMR 1.02. State Building Code Appeals Board may appeal to a court of law or equity in conformance with M.G.L. 122.4 Decisions: c. 30A, § 14. 122.4.1 Votes required: If the appeal is 122.7 Local and regional board of appeals: conducted by a three member panel, then the concurrence of two of the three members holding 122.7.1 Local or regional board of appeals: Whoever is aggrieved by an interpretation,order, the public hearing shall be required. If the appeal requirement, direction or failure to act under is conducted by the entire Board, then a majority vote of those hearing the case shall be required. 780 CMR by any agency or official a city, region or town:hazged with the administration or 122.4.2 Standard: The Board or a three member enforcement of 780 CMR or any of its rules and panel may vary the application of any provision of regulations may appeal first to the appeals board 780 CMR in any particular case, may determine in that city, region or town or to the State the suitability of alternate materials and methods Building Code Appeals Board as provided in of construction, and provide reasonable 780 CMR 122.0. interpretations of the provisions of 780 CMR; In the event an appeal is taken from an provided that the Board or a three-member panel interpretation, order, requirement or direction, - finds that the decision to grant a variance shall not said appeal shall be filed with the local or regional conflict with the general objectives set forth appeals board not later than 45 days after the M.G.L.c. 143,§95 or with the general objectives service of notice thereof of the interpretation, of 780 CMR. order,requirement or direction. 122.4.3 Time for decision: The Board shall In the event the appeal is taken for the failure within 30 days after such hearing, unless such to act,the appeal shall be taken not later than 45 , time is extended by agreement of the parties,issue days after a request to act has been made by the ( 1 a decision or order reversing, affirming or aggrieved person in writing and served to the - modifying in whole or in part the order, appropriate building official or chief interpretation, requirement, direction or failure to administrative officer of the city,regional or town - act which is the subject matter of the appeal. agency which fails to act. Failure to render a decision within 30 days 122.7.2 Membership: Any building code board shall not affect the validity of any such decision of appeals duly established by ordinance or by or appeal. law or otherwise in a city, region or town and in Notice of and a copy of the decision shall be existence on January 1, 1975, shall qualify as a sent by the clerk to all parties to the appeal and local board of appeals under 780 CMR 122.0 anyone requesting in writing a copy of the notwithstanding anything to the contrary decision. contained herein. However, the procedure and 122.4.4 Contents of decision: All decisions rights for appeals for such board of appeals shall shall be in writing and state findings of fact, be governed by 780 CMR. conclusions and reasons for decisions. Every If a city, region or town had not duly decision shall indicate thereon the vote of eachestablished by ordinance or bylaw or otherwise a member and shall be signed by each member local or regional building code appeals board voting. A decision shall not be considered by any prior to January 1, 1975, said city,region or town person or agency as a precedent for future may establish a local or regional board of appeals,. decisions. hereinafter referred to as the local board of appeals, consisting of five members appointed by 122.4.5 Additional powers: The Board or a the chief administrative officer of the city, region three member panel may impose in any decision, or town: one member appointed for five years, limitations both as to time and use, and a one for four years,one for three years, one for two continuation of any use permitted may be years and one to serve for one year;and thereafter conditioned upon compliance with future each new member to serve for five years or until amendments to 780 CMR. his successor has been appointed. 122.5 Enforcement: Upon receipt of the decision 122.7.3 Qualifications of local board members: of the Board or a three member panel,the parties to Each member of a local board of appeals �J the appeal shall take action forthwith to comply with established under 780 CMR 122.7.2 shall have had at least five years experience in the construction,alteration,repair and maintenance of 30 780 CMR- Sixth Edition 2/7/97 (Effective 2/28/97) 06/09/0,3 MON 09:50 FAX 9787400072 JOHN D KEENAN 0001/010 222 Essex Street, Salem, MA 01970 Tel. 978.741.4453 City Solicitor's owice Fax: 978.740.0072 FaxMemo To: Jim Gilbert From: John Keenan Fax: 978.744.7660 Pages: Many Phonm tate: 619f2003 Re: Laine Chase CC: Joanne Scott 978.745.0343 Tom St Pierre(740.9846) ❑ Urgent Q For Review ❑ Please Comment PJ Please Reply ❑ Please Recycle • Comments.- Jim: omments:Jim: Thanks for covering this. All you should need to do is file this Motion and Petition—the court will set up a date for additional hearings. As there is an existing(criminal)complaint and the judge has suggested converting to civil action, I don't know whether they'll ask for filing fee. If yes, just submit for reimbursement. It is also a status of what he's done up there. I stopped by the property this morning. He has equipment there, but not completed (sifting debris from loam). Other debris remains. Soil way over property line. I will ask Tom if he can stop by again tomorrow in a.m,before court. Issues clouding this proceeding remain ownership of property and bankruptcy, How will receiver get paid? We have a contractor willing to do work (Linskey Construction). If the court has an idea for a receiver (lawyer) fine. If not, I could probably convince Scott Grover to handle it as he does other property issues for us. Attorney Bill DIMento represents abutting landowner and has filed petition to intervene. He may be there tomorrow. Judge Kermin finally seems to be siding with us since his mediator Jon Paleologos went out to witness the property, He also now realizes that for the most part not a single truthful word crosses Laine's lips. I have been dealing with this since 1996. 1 am in Haverhill District Court on trial tomorrow. I will check my voice mail and will be available until going into court at 9 tf you have any additional questions. Thanks again. 06,09/03 MON 09:50 FAX 9787400072 JOHN D KEENAN Z002/010 COMMONWEALTH OF MASSACHUSETTS HOUSING; COURT DEPARTMENT OF TIIE TRIAL COURT ESSEX, as . Nort'hcast Division Docket. No. C.T.TY OF SALEM BOARD OF HEALTH, Plaintiff vs . MOTION FOR ORDER OF NOTICE AND LAINE CHASE, Defendant OTHER RELIEF Now comes the plaintiff, CITY OF SALEM BOARD OF HEALTH, and hereby moves this Honorah).e Court, as follows : I . That this Court forthwith order that the defendant , LAINE CHASE, to provide to the plaintiff, within three (3) days hereof, a written list of all mortgagees and lienors of record regarding the properties at 250 and 260 Highland Avenue, Salem, Massachusetts, pursuant to Mass.Gen.L. c . 111, sec . 127I , so that the plaintiff may give to such mortgagees and lienors the notice of these proceedings mandated by the statute . II . That this Court forthwith issue an Order of Notice requiring the defendant, LAINE CHASE, to appear before the Court at a time not less than fourteen (14) days after the issuance of said Order of Notice, to file his answer to the plaintiff' s Petition for Appointment of Receiver and Other Relief, including, if not previously filed, the names and addresses of all mortgagees and lienors of record, and to otherwise submit to a hearing on this complaint, all as pursuant to Mass .Gen.L. c. 111, sec . 127D. IIT. That, at said hearing, this Court appoint a receiver, pursuant .to Mass . Gon .L. C . 111, secs . 127F & I , or, in the 1 08,09/03 MON 09:50 FAX 9787400072 JOHN D KEENAN 0003/010 a]-Lcrnative, pursuant_ to this; Court ' s general equitable powers, Lo take i-Mlrlediate possession and charge of the def endant.' s properties at 250 and 260 Highland Avenue, Salem, Massachusetts, for the purpose of remediating the unsanitary and unlawful conditions on the said properties, and on the abutting properties, as previously described herein. In support hereof please see the plaintiff ' s Verified PetiL•ion for Appointment of Receiver and Other Relief . Respectfully submitted, CITY OF SALEM BOARD OF HEALTH, By Its Attorney, f# 561573 nan, Esq. tor treet achusetts 01970 Telephone: 978 . 741 . 4453 Dated: June 10, 2003 2 00%'09/03 MON 09:50 FAX 9787400072 JOHN D KEENAN 2004/010 COMMONWEALTII OF MASSACHUSETTS HOUSING COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. Northeast Division Docket No. CITY of SAL2M BOARD of HEALTH, Plaintiff VS . VERIFIED PETITION TO ENFORCE STATE SANITARY CODE AND FOR LAINE CHASE, APPOINTMENT OF RECEIVER Defendant 1 . Plaintiff' is the CITY OF SALEM BOARD OF HEALTH, With offices at 120 Washington Street, 4th Floor, Salem, Massachusetts . 2 . Defendant is LAINE CHASE, with a usual place of business at 250 Highland Avenue, Salem, Massachusetts . 3 . Jurisdiction over the present action for appointment of a receiver and other relief is vested in this Court by the provisions of Mass .Gen.L, c . 185C, sec . 3 ; and by c. 111, secs . 127A-L, 130 , and 187 . 4 . On information and belief, the defendant owns and/or leases, and at all times material hereto has owned and/or leases, the real property known and numbered as 250 and 260 Highland Avenue, Salem, Massachusetts. Defendant operates his stone and landscaping business from the property. 5 . On and prior to February 27, 2002, the defendant- improperly and unlawfully stored large quantities of unsanitary solid waste material at the rear and on the sides of his aforesaid properties, including, without limitation: wooden and metal debris, unregistered motor vehicles, and other, diverse discarded items and materials; and .said improper and unlawful. storage of 1 00/09/03 MON 09:50 FAX 9787400072 JOHN D KEENAN R003/010 unsanitary sold waste maLerials continues to date . Some of the waste material also unlawfully encroaches upon property owned by the defendant' s neighbors and by the City of Salem. Tile defendanL. ' s two parte] s appear as parcels no. 117 and 118, and Lhe City' s adjaceTxt property appears as a paper way, on the plan annexed hereto as Exhibit A. 6 . On or about February 27, 7,002, the City of Salem' ;; Building Inspector, Fire Prevention Officer and Health Agent, met with the defendant on his aforesaid properties and conducted an inspection of conditions thereon. 7 . As a result of the said inspection, the aforementioned agents of the City of Salem issued to the defendant an order, dated June 16, 2002, mandating that the defendant remove all waste materials and unregistered vehicles on the property at 250 and 260 Highland Avenue, including that material that has encroached upon adjacent ci.t.y property, within one week of receipt of this order. A copy of this order is annexed hereto as Exhibit B. 8 . The defendant , without justification or excuse, failed, neglected and refused to comply with the said order. 9 . Accordingly, the plaintiff commenced an action in this Court seeking to compel the defendant to remediate the aforementioned unsanitary and unlawful condition on his property and on the City' s abutting property, and also seeking sanctions against the defendant for his previous violations of the law. See : sal em Board of Health V. Laine Chase, Northeast Housing court docket no. 02-CR-0133 . 10 . On three (3) occasions, the defendant entered into stipulations promising to remediate the aforementioned unsanitary and unlawful condition on his property and on the abutting properties . Copies of these stipulations, dated -7uly 23, 2002, September 3, 2002 and December 24, 2002 , are annexed hereto collectively as Exhibit C. 2 06/09/05 MON 09:51 FAX 9787400072 JOHN D. %EENAN IM006/010 11. The defendant, without justification or excuse, failed, neglected and refused to comply with any of the said stipulations , 12 . 0n April 30, 2003 , at the direction of this Court in docket no. 02-CR-00133 , the City of Salem' s Health Agent met_ with the defendant , and also with a Housing Specialist appointed by this Court , upon the aforesaid properties and conducted an inspection. At that time, the City' s Health Agent observed that the unlawful and unsanitary condition on the defendant' s property, and on the abutting City property, had gotten worse, not better. 13 . Then and there, the parties entered into a fourth stipulation, pursuant to which the defendant promised to remediate the unsanitary and unlawful condition on his property and on the abutting properties . A copy of this third stipulation is annexed hereto as Exhibit D. 14 . The Housing Specialist reported his findings to this Court in a report dated May 16, 2003 . In his report, the Housing Specialist wrote, inter al. a, that, "Nothing from the April 30th Agreement was done . . . . The property is in worse shape than when I first viewed it as the defendant now has several tractors, trucks, equipment and boulders on City property . . . . In addition, there is more of the defendant ' s solid waste on the neighbor' s property than there was when I first viewed it on April 30th. " (Underlining in the original . ) A copy of this report, is annexed hereto as Exhibit E. 15 . At no time has the defendant ever been licensed to store solid waste materials upon his aforementioned properties . 16 . By his acts and omissions as hereinbefore described, the defendant', has violated the following provisions of law, and all said violations continue to date: 3 08/09/03 MON 09:51 FAX 9787900072 JOHN D KEENAN 0007/010 Health. Mass .Gen. L. c . 111 , secs . 122 , 123 , 150A; and 310 CMR 16 . 06 (Si.te Assignment Regulations for Solid Waste Facilities) . In addition, the aforementioned condition created and maintained by the defendant constitutes a continuing nuisance . 17 . The defendant ' s premises have been inspected by the Board of Health or other appropriate inspection agency; the condition of the premises has been found to be in violation of the State Sanitary Code; said condition may endanger or materially impair the health or well-being of any resident therein, neighboring residents, or the public generally; and said condition was not caused by any person other than the defendant, himself . 18. Based upon the defendant' s history of noncompliance with the law, with the lawful orders of duly authorized city agents, and with the stipulations filed with this Court in the prior enforcement action, it is apparent that the aforementioned violations of the Sanitary Code and other applicable laws will not be promptly remedied unless a receiver is appointed; and appointment of a receiver is in the best interest of the residents affected by the defendant' s noncompliance, and of the public generally. WHEREFORE, the plaintiff, CITY OF SALEM BOARD OF HEALTH, prays for the following relief : T . That, upon receipt of this petition, this Court order that the defendant provide to the plaintiff, within three (3) days, a written list of all mortgagees and lienors of record, pursuant to Mass .Gen.L, c . 111 , sec . 1271, so that the plaintiff may give to such mortgagees and lienors the notice of these proceedings mandated by the statute . 4 081/09/08 MON 09:51 FAX 9787400072 JOHN D HEENAN IM008/010 II. That , upon receipt of this petition, this Court issue an Order of Notice requiring the defendant to appear before the Court at a time not less than fourteen (14) days after the issuance of. ,said Order of Notice, to file his answer to Lhe present petition, including, if not previously tiled, the names and addresses of all mortgagees and lienors of re=cord, and to otherwise submit to a hearing on this complaint'., all as pursuant Co Mass .Gen.L. c . 111, sec . 127D. III . That, at said hearing, this Court appoint a receiver, pursuant to Mass .Gen.L, c. 111, secs . 127P & I, or, in the alternative, pursuant to this Court' s general equitable powers, to take immediate possession and charge of the defendant' s properties at 250 and 260 Highland Avenue, Salem, Massachusetts, for the purpose of remediating the unsanitary and unlawful conditions on the said properties, and on the abutting properties, as previously described herein. Remediation shall include: removing debris and waste from soil, surveying and identifying the property lines along Verona Street (paved street) and Verona Avenue (paper street) , placing and/or replacing fencing along said property line and removing any equipment or stock off public property, IV. That, at said hearing, or at such later time as the Court may appoint, this Court enter a judgment against the defendant awarding the plaintiff any and all civil fines and penalties as the Court may assess against the defendant for his aforementioned and continuing violations of law. V. And the plaintiff prays for an award of such other and further relief, at law or in equity, as this Court may deem appropriate . 5 06/09/03 MON 09:52 FAX 9787400072 JOHN D KEENAN 0009/010 Respectfully submitted, CITY OF SALEM BOARD OF HEALTH, 3y Tts Attorney, John ' Keenan, Esq. City licitor HBO 61573 222 E ex Street Salem, Massachusetts 01970 Telephone: 978 . 741 . 4453 Dated: June 10, 2003 6 00/09/03 HON 09:52 FAX 9787400072 JOHN D KEENAN Z010/010 Affidavit of Joanne Scott I , Joanne Scott, having been duly sworn, hereby depose and say as follows : 1. I am the duly appointed Health Agent of the City of Salem, Massachusetts . 2 . 1 have read the foregoing complaint , including the exhibits annexed thereto, am familiar with the contents thereof, and do hereby aver that as to all matters of fact therein stated, the same are true, ' and as to all matters therein stated upon information and belief, I believe the same to be true . Sworn to and signed this day of June, 2003 under the pains and penalties of perjury. Joanne Scott 7 V 08/20/03 TLT 13:02 FAX 9787400072 JOHN D KEENAN U001/004 222 Essex Street, Salem, MA 01970 Tel. 978.741.4453 office Fax: 978.740.0072 Fax To: Tom St. Pierre From: John Keenan Fax: 978.740.9846 Pages: 2 Phone; (Pate: 8/26/2003 Re: Laine Chase CC: ❑ Urgent 9 For Review ❑ Please Comment 0 Please Reply ❑please Recycle • Comments: Tom: Here is today's agreement. Let me know the cost of the consult/oversight. My assumption is that they - will charge an hourly rate. I ballpark $75-100 hour for oversight. Let me know what he expects to be paid. I will be able to pay him as soon as I get his bill. 1. oversee sifting/removal of debris. 2. Confirm stakes from survey and boundary lines. 3. Make sure fence goes up on or inside the property line(no gate on paper street,fine on side) Thank you for your attention to this matter. John 1 08/28/03 TUE 13:02 FAX 9787400072 JOHN D KEENAN IA002/004 i COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT 21,o 4AY9 OF 44 Plaintiff otU r Defendant STIPULATIpN The undersigned parties hereby stipula e {and S-00-1111 SFS as yfollows : lZ✓ .� rJ, t 1 �', O r1 � r .1cccQ..oS l5. / YY G 4. OCnCTS / C A. Z Z^ rtes b VA1 c- ^obM, i'NO-0. Ofh4�rrLrN�w� /t.vtcw �V�SA'7Z� 7,d�3. ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUT INSTEAD I CHOOSE TO SIGN THIS AGREEMENT Bad-p3 S d an dated bySigned and dated by Tenant Plai if ' s orney3o�,Kt(ele„c-1 Def ant' s Attorney i74qiA@q-- Q. Judge COPIES (GIVEN) (MAILED) TO PARTIES ON MENEM MASS L//fJJ1A{/IV Mitt Romney Kerry Healey Daniel A. Grabauskas John Cogliano 11I�1lDlI�A Governor Lt.Governor Secretary Commissioner ,Tune 15, 2004 Mr, Lane Chase: 250 Highland Avenue Salem, MA 01970 Dear Mr. Chase: Correspondence was forwarded to you dated November 21, 2003; in which you were directed to remove encroaching objects from within the limits of the state Highway layout in front of your property at 250-260 Highland Avenue, Route 107. To date you have failed to comply with the directive of November 21, 2003, therefore, in accordance with M.G.L.Chap. 81, Sec.22, you will be given fourteen days from the receipt of this letter to remove the encroaching objects. If not so removed, MassHighway may either remove the encroaching objects to such adjoining land, or to the nearest MassHighway Maintenance depot. Please be advised you will be assessed a reimbursable cost that includes the hourly wages of the personnel involved in the work, plus the cost of any equipment necessary in the removal process. If you have any questions relative to this matter please contact David Aznavoorian, Assistant District Maintenance Engineer at 781-641-8449. Sincerely, j�-- L_ Steph n T. O'Donnell District Highway Director CC Christopher A. Quinn Sp. Asst. An. Gen. Mass Highway Department Thomas St. Pierre, Acting Bldg. Comm. City of Salem Massachusetts Highway Department•District 4 .519 Appleton Street, Arlington, MA 02476• (781) 641-8300 co l 10/24/03 FRI 14:55 FAX 9787400072 JOHN D KEENAN 1@001/003 `4 f 222 Essex Street, Salem, MA 01970 I Tel. 978.741.4453 Fax: 978.740.0072 CRY Sollicitoes Office Fax E k { To: Bill DiMento From: John Keenan Ptt Fax: 781. sg�. ?,OqO Pages:—? Phone., Date: 10/24/2003 I Re: Laine Chase CC: Tom St Pierre(740.9846) Joanne Scott(745.0343) ❑Urgent 0 For Review ❑ Please Comment Q Please Reply ❑ Please Recycle i f • Comments: Bill: Steve dropped this by my office today, He left a message yesterday that his dog ate the first one (just u Kidding)—that he mailed it three weeks ago but it must have got lost(seriously). I Still states"Comer not set.shed on point" Would you mind giving has a final plan? p y 9 g your friend Mr. Mello a call to see if 'i See you Tuesday. i! Thanks. John i ir. i TJ - I", W,-,Q O j `71 Ga f c Con 7�M i 10/24/03 FRI 14:55 FAX 9787400072 JOHN D KEENAN R002/003 ` F133Z9 Professional Land Surveyors 8• Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD 8 WEED 1885 - 1972 PLOT PLAN OF LAND LOCATE IN ;/qa& I MASS. ° FUNI.O ST,91Ce WA V P i � Sfrt?orY �0 I E V,fh9Trx R -D U,-ST 17V � p�6�I�79 Se,0�f/ H�LebAu wAct: Pi6HLNVO %VElvuE 1996 Z.d. sc,ALE: I "= 9d �tob�s7 7v 2oo3 �� SEpI%5Zaa3 HEEME: EK .tQS77 143 C1lrlstopher &. Mello PLs 313 Alt 339,4 P6 .fop 104 LOWELL STREET PEABODY,MAS&01960 . .. . .,. .., (978)531-8121 ', « FAX.(978)631�5WO 47 Jefferson Avenue invoice P.O. Box 4507 z z Salem, MA 01970 978-744-2700 Incorporated Fax 978-745-3443 BILL TO -�- — ----------__----- - - -__ _ _ __ City of Salem 1 Attn: Tom St.Pierre DATE INVOICE 7 # Public Properties Dept. ----9/2/2003— --- —— -- 120 Washington Street j Salem, MA 01970 I TERMS DUE DATE PROJECT Due on receipt 9/2/2003 Lane Chase/Verony Way DATEDESCRIPTION HRS/QTY RATE AMOUNT On site observation of clean up & restoration of Verona Way and private property per Court Order#02-CR-00133 I 8/27/2003 Construction Superintendent 8 75.00 600.00 Utility Truck 8 25.00 200.00 8/28/2003 Construction Superintendent 8 75.00 I 600.00 Utility Truck 8 25.00 200.00 8/29/2003 Construction Superintendent 8 75.00 600.00 Utility Truck 8 25.00 200.00 LAW OFFICE O .. S3-911151113 1 055 F JOHN D. KEENAN o3s11u1�z �I IOLTA ACCOUNT 222 ESSEX STREET DATE t`/J�qd T SALEM, MA 01970 PAY TO'I'HE //�' JD Oa�uraor L��.SIG(fY, ft'�LiluT�o..- -21 Y00' Aii DOLLARS o SALEM FIVE 777171 � SALEM,MASSACHOSE,qT'TS�0�1�9.9.0� LIPWr I� MEMO t 1: 2L43 ?0558l. I 089LIL5L72111 055 l 1. i Balances overdue 30 days subject to monthly late charge of 2% (24% per annum) Total $2,400.00 11/09/08 TOE 10:09 PAX 0787900072 JOHN D KEENAN 1 (�� ��j` /�11'�-■]1(r1y/�.''���,,J''�[['��,,''��',l�(�/�I ��� (^`1�).��{1'7�{f������••77�� �} 00072//0002 -� `I�WVO� �w.WW\1a �•✓ `•J'�+ VO� �0Vo�f..I�Vo�� JL / Pra esSional Land Surveyors Or Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD 8 WEED 1885 - 1972 , f PLOT PLAN W LAPID LOCATI� IN SeLENI MASS. i L&Pf574ke 44JStri�an �D �a �� 5tr s�d,-E CbQhEQ MU7 16 Z 9,f SET j 5AW& Al NSF Fina -D I3�ST 17V M 34 Vey.P&wsle'D jav 3a Zco3 St7 SPd<E l(09,�� SV'i DQE// Hbze o/v �},GHL�IND AVclvo E u DAU: 406157 70 2oo 3 PzV 5'z7�/SZ61 : tg577 rc 143 911 •3394 P6 .duo G lrastoph x. 1NeLlo PLS 3131 f�C 1�: .eF, 1`t4S 104 LOWELL STREET PEABODY.MASS-o19eo (978)531.8121 FAX.,(978)531-5920 Nov- 11-97 03: 39P - P. 01 91 Btll� a qct 9A, a CL { a (Y- ti a 1 ` n L _ rn o 313 �d n r � b a o r C7 wo 08S'a. . rr!oi :s.-WASP, 1 r ' 2 13:02 TEL 617 331 0103 RUDY PUMPED INC Qj02 Nov-11-97 02:23P P.01 r V• � V � T� �� 9 -- , rig '3 A d QI `r 1J11� l i. © tl_k� .y 0 1N3K'AV 1 30 Wo 2LYPRouddv GGA-`,�."�� ,` • ••�'•`-4 sn� „yam off y se` .1 W All w �\ kdoit �'r n i 1 till t 110 ah41 t? bob0000 p gg J 91 I' Oz yW�Oj Al `m J SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII, § 7-19 board. The planning board shall not take final of a proposed development with the archi- action on such plan until it has received a report tecture of surrounding structures and land thereon from the inspector of buildings, city engi- uses and may request alterations to the ar- neer, board of health and conservation commis- chitecture of such proposed development to sion or until thirty-five(35)days have elapsed after ensure compatibility. distribution of such application without a submis- (4) The planning board may, in appropriate sion of a report. Notice of the filing of the appli• cases as it determines, impose further re- cation shall be given to the city clerk, fire depart- strictions upon the development or parts ment,police department,superintendent of streets thereof as a condition to granting the ap- and school department and further notice shall be proval and may waive any defined restric- given as required by the planning board, and a tions. public hearing shall be held within sixty-five (65) days after filing of an application in accordance (f) In exercising its jurisdiction, the planning with Massachusetts General Laws, Chapter 40A. board shall conform to all requirements of proce- dure applicable under the Massachusetts General (d) Failure of the planning board to take final Laws, Chapter 40A, as amended, and the Salem action upon an application within ninety(90)days Zoning Ordinance. following the date of the public hearing shall be deemed to be a grant of the approval applied for. (g) Any approval granted hereunder shall lapse within two (2) years if substantial construction (e) After a notice and public hearing as set forth thereof has not commenced by such date except above, the planning board, by a two-thirds (2/3) for good cause. vote, may approve the plan provided that: (1) The proposed development shall properly Sec. 7.19. Entrance Corridor Overlay Dis- screen itself, its buildings, structures and trict. other construction with vegetative land- scaping, earth berms, fencing or other ap- (a) Purpose. The purpose of the Entrance Cor- propriate screening as determined by the ridor Overlay District is to augment underlying planning board. zoning regulations in designated areas to: (2) To protect the quality of the surrounding (1) Protect and enhance the major entrance- area and environment, if such surrounding ways into the city; and area is residential in nature, is land re- served for conservation use or is land which (2) Ensure that such areas are improved in a the board determines to be appropriate for manner which is in the best interest of the such a requirement,a buffer zone shall exist city. along the property line within which no con- (b) Applicability. struction or destruction of land shall take place. The size of such zone shall be deter- (1) The Entrance Corridor Overlay District mined by the planning board according to shall be established along the corridors des- the size of the proposed development, the ignated on the zoning map.The boundaries land uses of the surrounding area, the aes- of the overlay shall be interpreted as fol- thetic aspects of the proposed development, lowing the rear lot lines of properties and all impacts of the proposed develop- fronting on the corridor or along a line one ment upon such surrounding areas which hundred fifty (150) feet from the centerline can be alleviated through such a buffer of the corridor, whichever is less. zone. (2) Properties within such district shall be con- (3) In specific instances where the planning trolled by the regulations of the underlying board deems such to be appropriate,it shall zoning districts, except as hereunder spec- assess the compatibility of the architecture ified. In instances of conflicting require- 47 . l / Art.VII, S 7.19 SALEM ZONING ORMNANCE SUPPLEMENTARY REGULATIONS ments, the restrictions listed below shall requirements for such landscaping are as prevail. follows: (3) 'The requirements of this section shall not a. Landscaping shall include one (1) tree apply to Planned Unit Development (PUD) of three and one-half-inch to four-inch proposals, or those development proposals caliper for each three (3) parking which are required to obtain a site plan spaces. Trees shall be planted in plant review special permit. beds bounded by six-inch granite curbing. (c) Dimensional and other requirements. The fol- b. No plant bed shall be less than fifteen lowing requirements shall apply to all properties (15) square feet, and no dimension of in the Entrance Corridor Overlay Districts: such plant bed shall be less than three (3) feet. (1) Fences. In order to maintain and maximize c. A planting strip of no less than three aesl.hetic views and sight lines, all fences (3) feet wide shall separate vehicles along the front and side lot lines shall parked face to face in a parking area. comply with the following standards: Such planting strip shall include one a. No fence along a front or side lot line (1) three and one-half-inch to four-inch shall be more than four (4) feet in caliper tree every twenty-seven(27)feet height,as measured from the curb level lin line with striping) and other appro- of the street, or average grade eleva- priate landscaping. tion of the land where the fence is to be (5) Signage. located, whichever is deemed appro- a. A sign review committee, comprised of priate. b. Chainlink and wire fences are prohib- the following members, shall be estab- ited along front and side lot lines. lished for the purpose of reviewing all signage proposed for an Entrance Cor- e. Any fence constructed within an En- ridor Overlay District: trance Corridor Overlay District shall require a fence permit issued by the 1. Building inspector or his designee; city building department. 2. City planner or his designee; and 3. Representative of the Salem Rede.- (2) Curb cuts. Only one(1)curb cut of no greater velopment Authority. than twenty-four(24)feet shall be permitted for all residential uses. A maximum of two b. The sign review committee shall al (2) curb cuts no greater than twenty-four view the size,location,type of material (24) feet each shall be permitted for all com- and design of all signs located within mercial uses. an Entrance Corridor Overlay District. c. The sign review committee shall follow (3) Mechanical equipment and refuse storage the Salem Sign Ordinance, except that areas. No refuse storage areas or mechan- the sign review committee shall be al- ical equipment areas shall be located in a lowed to limit the size of all signs front yard, nor within twenty-five (25) feet within an Entrance Corridor Overlay of the front lot line of the side yard. Such District to one-half(I/2) the size which areas shall be screened from all public ways, is allowed in the underlying zone. parking areas, residential land uses and d. Approval by a simple majority of this open space areas. committee is required prior to a sign (4) Parking areas. All parking areas of more permit being granted by the city. than twelve (12) spaces shall be arranged (6) Site plan review. All new construction over and landscaped to properly screen vehicles two thousand (2,000) square feet in nonres- from adjacent properties and streets. The idential uses shall be required to be re- 48 USE REGULATIONS SECTION U d. Historic buildings open to the public. e. Museums. f. Private garages and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. g. Buildings and facilities for Elderly Housing projects built under the jurisdiction of the Salem Housing Authority and financially aided by either the U.S. Public Housing Administration and/or the Commonwealth of Massachusetts Department of Commerce - Division of Public Housing. 3. R-3 Districts - Multi-Family Residential a. All uses permitted in R-2 Districts. b. Multi-family dwellings. c. Private garages and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. 4. B-1 Districts - Neighborhood Business a. All uses permitted in R-3 Districts, subject to all the provisions specified for each set use. b. Grocery, fruit, vegetable, and meat stores, delicatessens. c. Bakeries, provided that all baked goods are sold at retail on the premises only. d. Drugstores. e. Stores selling liquor, beer, and wine for con- sumption off the premises. f. Newstands and variety stores. g. Dry goods and notions stores. h. Book, stationery, and gift stores. i. Florist shop, but excluding greenhouses. j . Hardware stores. k. Banks and savings and loan institutions. 1. Barber shops and beauty parlors. 20. USE REGULATIONS SECTION V M. Laundry, dry cleaning, and pressing estab- lishments, provided that not more than five (5) persons are engaged in providing such services. n. Self-service laundries. o. Tailor and custom dressmaking shops. p. Shoe repair shops. q. Radio, television, and applicance repair shops, provided that not more than three (3) persons are engaged in performing such services. r. Professional offices, medical and dental clinics. s. Restaurants and other eating places which do not serve alcoholic beverages consumed on the premises, and including drive-in restaurants and drive-in snack shops. t. Municipal buildings. u. Off-street parking and loading facilities and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. 5.BDistricts—Highway Business a. All use permitted in B-1 Districts, subject to all provisions specified for such uses, except that all residential uses are prohibited. b. Restaurants and other eating places in which alcoholic beverages may be served on the premises. c. Motels. d. 'Automobile services stations, subject to the restrictions of Section VII B. e. Off-street parking and loading facilities and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. f. Supermarkets. g. Retail department stores located within a shopping plaza. h. Other accessory uses located within a shopping plaza. 21 . r USE REGULATIONS SECTION V i. Research and development facilities . j . Publishing and printing establishments. k. Warehousing and distribution. 1. Laboratories , provided however that no noxious odors are emitted. M. General office buildings and other similar and related uses . 6. B-4 Districts - wholesale and Automotive Business a. Automobile service stations , subject to the restrictions of Section VII B. b. Automobile , trailer , and boat sales and service. c. Plumbing, carpentry, and sheet metal shops. d. Printing establishments. e. Sale and storage of building supplies. f . Warehousing. g. wholesale merchandise brokers and wholesale storage. h. Service establishments exceeding the require- ments for such businesses in B-1 Districts , such as major laundry , dry cleaning, and baking establishments . i'. Churches and similar places of worship, public and private nursery, elementary , and secondary schools, institutions of higher education . j . Off-street parking and loading facilities and other accessory uses and buildings , provided that such uses are clearly incidental to the principal use. k. All uses permitted in B-1 Districts, subject to all provisions specified for such uses, except that all residential uses are prohibited. 1. Retail uses relating to the permitted uses in this Paragraph 7. r I DATE OF PERMIT PERMIT No. OWNER LOCATION 9/30/81 I #388 Francis Chase I 250 Highland Avenue STRUCTURE MATERIAL DIMENSIONS No.OF STORIES INo.OF FAMILIES WARD COST & I 3 $ 1,000. Warehouse BUILDER Owner Change size of windows-from 10' to 16". 3/28/90 #115-90 Reroof. J.S. Est. 3,000. fee $20. 4/9/90 #136-90 Install vinyl siding over cedar shingles. D.H. Est. 1,500. fee $20. F i I DENSITY REGULATIONS SECTION VI TABLE II BUSINESS AND INDUSTRIAL DENSITY REGULATIONS B-1 - 2j 8-4 I inimum Lot Area s .ft. 6 0001 00 6 000 40 000 inimum Lot Width (ft.) 60 100 60 150 ximum Lot Coverage by All Buildings 40% 25% 80% 45% Inimum Depth of Front Yard (ft.) 15 30 - 30 inimum Width of Side Yard (ft.) 10 10 - 30 inimum Depth of Rear Yard (ft.) 30 30 25 30 ximum Height of Buildings (ft.) 30 30 45 45 ximum Height of Fences/Boundary Walls 10 10 10 15 t 41 r• , Permit Number APPLICATION FOR PERMIT TO ERECT A SIGN PERMIT MUST BE OBTAINED BEFORE SIGN IS FABRICATED AND INSTALLEBECEIVED A� Location,Ownership and Detail Must be Correct,Complete,and Legible MAR 0 6 2007 DEPT.OF PLANNING 6 COMMUNITY DEVELOPMENT City of SALEM,MASSACauSETIS TO THE BUILDING INSPECTOR✓ The undersigned hereby applies for a permit to_Erect I_Alter Repair a sign on due following described buildings: Location and No. 250 1 1 � ' I v(L Zoning/District Name of Property�eFl Name of Sign OwnerYd,4 6WMd Adduce 1 I I` 1 ILA 1 U If Owner is a corporate body,name of responsible officer ONLto Name of Licensed Sign Erector Salem License No. Address 11,,,,rree 11ttn ,��7 Use of Building: I•Floor W l)AI 1 U V SCJ 34 Floor 20d Floor 41b Floor /�l Frontage: Building 2� linear ft Property �W linear ft Type of Sign Proposed: Bolurface ❑ Right Angles to Building ❑ Free Standing ❑ Awning ❑ yOther(specify) Proposed Sign Materials 11 1 1 1 1 1 1 Proposed Sign Dimensions 2 X Sign Area 15 sq ft Existing Signs: Surface: tZ X ' Sign Area sq ft Right Angles: Sign Area sq ft Free Standing: Sign Area eq k Other. Sign Are q ft Signs to be Removed: Type S' a ft Signature of Owver 41L v Estimated of Net Work Signatursof Owner's Au oized Representative $ low,� AddressYO WK IIII ( QAW 1V* 01945 I i5 Telephone'=? 3Q --�4 t f 6100 Signature of Property Owner APPROVALS(Department Use Only): PLANNING&Commudrry DEVELOPMENT HISTORICAL COMMISSION' BUILDING INSPECTOR 2-50 - 2G0 'A i stn SATcM MA - j , i 1114 1� 5 411 , MTT = ® ob-D S, ON wore K 0 9�$ —44k— 3100 o na sk" tecucif-0 pbN 10clip, 3/v 51crr.► COIOc1S ETC, i . � 5 tc,N 1,�ti1 6� SGwzu1 Bv�`IH�Uw Z ' 81 sNQwa um w\\ gE Oly ►� vi \ AIuxk a OOLw Wow 4-Son wail he 0\vor1 A"r nNAgil y ,t w. ex of 3 ,# s a T J ea t R ppp{y �I � •i4�y J.r b2{ '� ` 4 y �4 '� a qyo • }, a �d � �1 'e, j ,y"cr4 ' a�)� w. �."rT�"Tt � {fir •� A rk �� City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received Nov. 3o, 2oou Amount Received $z0.00 Form of Payment © Check Cash CHECK PAYMENTS$ b 2 Z write dm& number CASH PAYMENTS$ write client initials ® Sign Penn*Application Fee p Conservation Commission Fee Payment received for E:] gan11ing Board Fee what service? 0 Old Town Hall Rent Fee ❑ Othw Name of staff person receiving payment kt'y-6fW ki✓lze r Additional Notes OSGOOD STONEWORKS,INC. E% NATION AMOUNT 534=113 P.O.BoxEHEAD, MA 0 2 9 2 ` MARBLEHEAD, MA 01946 L y L 'AY h (MOUNT `tV. 1P' DAITTO THE ORDER 01 CHECK NUMC[R AMOUNT Mm UT 1�6 lift I ` k DMCRIMQN 2 $ NATIONAL GRAND BANK MARBLEHEAD, MA 114000 29 28' 1:0113043001: "'0119 0 29611' Original Check and Fornti DPCD Finance Copy 1: Client Copy 1:Application File OND17 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ' ( SALEM, MASSACHUSETTS 01 970 �n TELEPHONE: 978-745-9595 EXT. 380 off' FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 27, 2006 David Aznavoorian Assistant District Maintenance Engineer Mass Highway Department- District 4 519 Appleton Street Arlington, Ma. 02496 RE: 250-260 Highland Avenue Dear Mr. Aznavoorian: The Business owner at 250-260 Highland Avenue (Route 107) has occupied the area outside his property line, to stockpile stoves, sheds and other materials that he sells. The materials are a distraction to motorists and impede the ability for a pedestrian to pass by his property... This property was the subject of the same complaint back in September—November of 2003. Your office was very effective then and we ask for your assistance again. If further information is needed, please contact me at 978-745-9595 x 380. Sincerely, Thomas St. Pierre Building Commissioner cc: Jason Silva, Mayors Office copies of 2003 letters CITY OF SALEM BUILDING DEPARTMENT CITY HALL ANNEX P � Id e FAX COVER SHEET DATE: � FROM: TO: bAdlo kLij,eiPis (q -70p) ATTN: It SUBJECT: DSCM13 , A-T.PjCK CI&InA/A-L t�atC�7— sf>< T ;ziva Ee aFP d/1 �miss�9 COMMENTS: okwA Of- 1. F1. ala k "iEk kAC9CW-M'AfwV7- oal Pusc,c04-vs o2 P21✓�r� PlL�P��ry 2 C&ip(-IA-Ncc. Or m 5Ibn1 0fZbfmwvcc- 3, f4PE2 /rJSPEbr'ON d p,EeMrTT�nl� t%o2 Ate(- C07dSr"647h14 00Al<, THANK YOU, H 1 24 S TM.(—ArroW of Zc"C b-g cJ/7C/in/ Jam �AKaI�Ac/ ,q MoNrNs . WE ARE TRANSMITTING THIS COVER SHEET AND Z PAGES. 1F YOU HAVE ANY PROBLEMS OR QUESTIONS PLEASE CONTACT US AT THE ABOVE TELEPHONE NUMBER. CRIMINAL DOCKET DOCKET NO. ATTORAEYNAME 0736CR000290 COURT ONISION ❑INTERPRETER REQUIRED q=ODATE and JUDGE DOCKET ENTRY Salem NAME.ADDRESS AND ZIP CODE OF DEFENDANT Attorney appointed R. per Atty denied and Deft Advised perr 211 D§ZA OSGOOD, PATRICK M Waiver of counsel found after colloquy 44 FOX RUN ROAD Terms eeset: TOPSFIELD, MA 01983 PR Bail Hal (276§58A) Sere for special conditions �,•G perms Ar 2i ned and advised: DEFT.008 AND SEX • Potential of bail revocation(276§58) 05/28/1973 M Right to ban review(276§58) DATE OF OFFENSE(S) PLACE OF OFFENSE(S) Right to drug exam(111E§10) 09/13/2006 SALEM Advised of ht to jury teal: COMPLAINANT POLICE DEPARTMENT(iiff+apglicable D s not waive ST PIERRE, THOMAS SALEM GiJ. aiver of jury trial found after colloquy DATE OF COMPLAINT RETURN DATE AND TIME vy 4 E At I_P 8;' s.., Ativised of trial d hes as Pro se(Strop.R.4 01/25/2007 . 03/07/2007 09:00:00 r��(i ah{ICi !` Advised of right of appeal to Appeals Ct(R.28) COUNT/OFFENSE - FINE SURFINE COSTS RESTITUTION IVMASSESSMENT 1. 40/21/B MUNICIPAL BY-LAW OR ORDINANCE VIOLATION c I I I I ❑WAIVED DISPO I N DAT5 and JUDGESEN NCE OR OTHER DISPOSITION / ZU U 2N Q G` Suffcient facts found but continued without guilty finding until: 6 M GS — I ZZ'G DISP.GuITI N ME HOD FINDING ❑Probation ❑Pretrial Probation(276§87)-until: ilty Plea or Admission ❑Not Guilty ❑To be dismissed upon payment of court costs1restitution /JCS �nmC�U �p 1{A to Sufficient F s El Guilty E]Dismissed upon: ❑Request of Comm. ❑ q Request of Victim oaylcl:-hpyls ep a after colloquy pon: and 278 29D warning p ❑Request of Deft ❑ Failure to prosecute ❑Other: 4 I � § g ❑Not Responsible I wrc/ ❑ Bench Trial ❑Responsible ❑Filed with Deft's consent ❑ Nolle Prosequi ❑Decriminalized(277§70C) cos/a -lib{/Lvw-r-jy< ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION JUDGE DATE ❑ None of the Above ❑Probable Cause Dismissed on recommendation of Probation Dept. Probation terminated:defendant discharged COUNT/OFFENSE FINE SURFINE COSTS RESTITUTION VM ASSESSMENT 2. 40/21/B MUNICIPAL BY-LAW ORO DINAE VIOLATION C ❑WAIVED DISPOSI ION ATE dJUDGE SENT CE OR OTHER DISPOSITION C/ 2N uffcient faces found but continued without guilty finding until: DISPOSITION ETHOD FINDING E]Probation ❑Pretrial Probation(276§87)-until: CC,P40, '�'r wlty Plea or9dmicsien- ❑Not Guilty ❑To be dismissed upon payment of court costs/restitution to Sufficient Dismissed upon: Request of Comm. Request of Victim ccep a aNer colloquy E]Guilty ❑ p ❑ q ❑ q and 278§290 warning ❑Not Responsible ❑Request of Deft ❑ Failure to prosecute ❑Other. ❑ Bench Trial ❑Responsible ❑Filed with Deft's consent ❑ None Prosequi ❑Decriminalized(277§70C) ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION JUDGE DATE ❑ None of the Above ❑Probable Cause e Dismissed on recommendation of Probation Dept. Probation terminated:defendant discharged COUNT/OFFENSEFINE SURFINE COSTS RESTITUTION VAV ASSESSMENT []WAIVED DISPOSITION DATE and JUDGE SENTENCE OR OTHER DISPOSITION ❑Sufficient facts found but continued without guilty finding until: DISPOSITION METHOD FINDING ❑Probation ❑Pretrial Probation(276§87)-until: ❑ Guilty Plea or Admission ❑Not Guilty ❑To be dismissed upon payment of court costs/restitution toacceptedopted after colloquy El Guilty t Facts aEl Dismissed upon: []Request of Comm. E]Request of Victim and 278§29D warning ❑Not Responsible ❑Request of Deft ❑ Failure to prosecute ❑Other: ❑ Bench Trial ❑Responsible ❑Filed with Deft's consent ❑ Nolle Prosequi ❑Decriminalized(277§70C) ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION JUDGE DATE ❑ None of the Above ❑Probable Cause 8 Dismissed on recommendation of Probation Dept. Probation terminated.defendant discharged COUNT/OFFENSE FINE SURFINE COSTS RESTITUTION 11MASSESSMENT ❑WAIVED DISPOSITION DATE and JUDGE SENTENCE OR OTHER DISPOSITION ❑Sufficient facts found but continued without guilty finding until: DISPOSITION METHOD FINDING ❑Probation ❑Pretrial Probation(276§87)-until: ❑Guilty Plea or Admission ❑Not Guilty ❑To be dismissed upon payment of court costs/restitution to Sufficient Facts Dismissed upon: Request of Comm. Request of Victim accepted after colloquy ❑Guilty ❑ Po ❑ q ❑ 9 and 278§290 warning ❑Not Responsible ❑Request of Deft ❑ Failure to prosecute ❑Other: ❑ Bench Trial ❑Responsible ❑Filed with Deft's consent ❑ Nolle Prosequi ❑Decriminalized(277§70C) ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION JUDGE DATE ❑None of the Above ❑Probable Cause 8 Dismissed on recommendation of Probation Dept. Probation terminated:defendant discharged y �z��i 3r �'. .1� � fi- �°{z't %`;�}",�/( �,�`sc.,o`2�'���¢�. �, = a�c�� �s * �' r' ❑ ATRUE CLERK-MAGISTRATE/ASST CLERK ON DATE 6S Wa8f110J100 Slfeef '` yv_k.{x+�"+� _ coPr TENDER OF PLEA OR ADMISSION DOCKETNO. / Trial Court of Massachusetts C!,' & WAIVER OF RIGHTS (� �J l0 C/` X07�1 ' District Court Department W. NAME OF DEFENDA � COURT DIVISION Salem District Court 65 Washington Street Salem, MA. 01970 Defendant tenders the following: ❑ PLEA OF GUILTY Zha6MISSION TO FACTS SUFFICIENT FOR A FINDING OF GUILTY DEFENDANTS PROSECUTOR'S JUDGE'S DISPOSITION COUNT RECOMMENDATION(s) RECOMMENDATION(s) WHEN DEFENDANT'S NO. (include sit tees,costs and conditions ofprobation) (Required when Prosecutor disagrees RECOMMENDATION IS REJECTED with Defendant's reconunendatlons) yl� C by D I� - a 2 0. 4c , {r ceaJ ,l 0 0 ,,1fp,y ;n 9Yrrr.�lHJ vt'/)up' `�//��>•i vPvtr✓r/��Q� ^)fU CH(VG�(')111Yl Hfj Vlp{%'U�4Y.JJ ` CQ�' CI rJ� r f I DIST.I MUN.CTS.R.CRIM.P.4(c)REQUIRES COUNSEL TO CONSULT WITH THE PROBATION DEPARTMENT REGARDING PROBATIONARY TERMS. SIGNATURE 99DEFENSE COUNSEL OR PRO E DEFENDANT DATE SIGNATURE OFSECUTOR DTE x r.A.v� 0/U7 x 'a0 oZ RT - C -DEF DANT'S T ER ❑ ECTS DEFENDANT'S TENDER DATE 61�1 JU /Ca -7/,L r ENDANTS ECISION EIJ COUR REJECTS DEFENDA,TS RECOMMENDATION ❑ .fend ant WITHDRAWS the tendered plea or admission. ❑ Defendant ACCEPTS judge's disposition set forth above. SIGNATURE OF DEFENSE COUNSEL DATE SIGNATURE OF DEFENDANT DATE X X DC-CR 22(6106) APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT / of.f District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court 65 Washington Street ONLY MISDEMEANOR(S), I request a hearing D WITHOUT NOTICE because of an imminent threat of Salam. Pvl k 01970 / O BODILY INJURY D COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused. D ONE OR MORE FELONIES, I request a hearing D WITHOUT NOTICED WITH NOTICE to amused. ARREST STATUS OF ACCUSED D WARRANT is requested because prosecutor represents that accused`may not appear unless arrested. D HAS HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE 70CIAL SECURITY NUMBER PCF NO. MARITAL STATUS 14W �,.�k ' q[, C.r DRIVERS LICENSE NO. STATE [ 1 7-1) GENDER HEIGHT WEIGHT EYES 1-1r. Ie G ' n HAIR RACE / COMPLEXION SCARS/MARKsrrATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) ( / COMPLAINANT TYPE - PD D POLICE D CITIZEN " OTHER ADDRESS J � !!! PLACE OF OFFENSE ) INCIDENT REPORT NO. - OBTN CITATION NO(S)- OF O(S).OFFENSFCODE DESCRIPTION (.- ,� ` OFFENSE DATE , L/'>` a'I`l ogee VARIABLES(e.g. victim name,controlled substance,type and value of property.other variable information;see Complaint Language Manual) Y/t t Sf./ I er 7 t '✓ I'A" f ?< >� 41.1 OFFENSE CODE DESCRIPTION / OFFENSE DATE 0/ ,) ) / 2 VARIABLES n.7. ,y C` 7r✓ DL 1 a.... i G� Ij1 h I Y/�(G"a! C Lt :I r^ . l!(Y.. ,�, 'y ,- r<: [VARIA ENSE CODE DESCRIPTION OFFENSE DATE 3 BLES REMARKS COMP INAN SSIGNA V RE , !/ DATE /FILED // �( ,..? /J//rli C C/ tY d/l COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l DATE OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON j ` : _ AT ;0)0 (1-- .,_ * DCCR-2(68004) COMPLAINANT'S COPY.a CRIMINAL COMPLAINT 0536CR000737 . Trial Court of Massachusetts x.. DEFENDANT Salem District Court CHASE, LAINE >1' 250-260 HIGHLAND AVENUE SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 05/26/1965 M W 6'00" 189 BRO BRO The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at the location stated herein the defendant did commit the 022-58-0162 offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 07/14/2004 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS I SALEM M CAV, DATE OF COMPLAINT RETURN DATE AND TIME � � 03/07/2005 03/29/2005 9:00 AM SUMMONS) COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 07/14/2004 did FAIL TO COMPLY WITH CEASE AND DESIST ORDER AS DIRECTED IN LETTER DATED 7/14/2004,in violation of 780 CMR 1825-1825.5 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST.X APPLICATION E] ADULT NUMBER Trial Court of Massachusettsg57 FOR COMPLAINT ❑ JUVENILE District Court DepartmentYY�JJ ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Sal[SLStrk;t.Could named defendant, Charging said defendant with the offense(s) listed below. 65 Washington Strem DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE Wm LtA.01470 7/5/95 5/95 250 Highland Avenue NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Zoning One. Salem Green. 1. Ordinance Section 5-1 Salem, Mass. 01970 City of Salem Zoning 2. Ordinance Section 7-1 C-1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Laine Chase __ __ Massachusetts State 260 Highland Avenue 3. BuiOcHing Code Section 124.0 Saleim,._Mass. 01990 Section 124.2 & 108.5.1 C COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY—► will be held at the above court address on — rf''� AT / IJ f--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 , 2 3 4 OTHER REMARKS: Flilure to comply with City of Salem Zoning Ordinances. Failure to comply with Massachusetts State Building Codes. X � SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 8 ic v 5 Z a g v DC-CR2(3/88) CRIMINAL COMPLAINT 0036CR001733 Trial Court of Massachusetts kE\' DEFENDANT Salem District Court CHASE, LAINE 250-260 HIGHLAND AVENUE SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX I RACE HEIGHT WEIGHT JEYES HAIR M W 0100" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at the location stated herein the defendant did commit the offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE ONGOING SALEM COMPLAINANT POLICE DEPARTMENT ST. PIERRE, TOM/CITY OF SA SALEM'/CITY OF SALEM BUILDING DEPT. COPY J DATE OF COMPLAINT R 06/16/2000 07/12/2000 9:00 A SUMMONS COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on ONGOING did STORING UNREGISTERED MOTOR VEHICLES ON THE PROPERETY AT 250-260 HIGHLAND AVENUE,SALEM,in violation of MUNICIPAL ORDINANCE CH24 S21 of the City or Town of CITY OF SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X APPLICATION ADULT NUMBER Trial Court of Massachusetts FORCOMPLAI T JUVENILE District Court Department ❑ ARREST HEARI❑NG ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salm 01striCt Court named defendant, charging said defendant with the offense(s) listed below. 6S Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 1-22-97 12-31-96 250 Highland Avenue Salem. MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT State Bld. Code 780 CMR Section One Salem Green 1, 123.1 Salem, Mass. 019790 Section 2. State Bld. Code 780 CMR _ - 3003.3 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Laine Chase ___ _.__.__. ____ __..._.__ .____T__ - —.__ _ _ State Bld. Code 780 CMR Section 250 Highland Avenue 3. 3004.0 Salem, Mass. 01970 a. COURT USE I A hearing upon this complaint application M�TEOFHEA�i"G j r rTIMEOFHE>Rty COURT USE ONLY-4- will be held at the above court address on MOAT 11 .r J AT r�2 r t ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Failure to respond to City of Salem Building Department correspondence. x SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 0 0 3 -o z z z 1 rn 0 0 v DC-CR2(3/88) APPLICATION E� ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILEDistrict Court Department 'v ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue again-,,t the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE 65 Washington Street 1-22-97 12-31-96 250 Highland Avenue Salem, MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green 1. State Bld. Code 780 CMR Section 123.1 Salem, Mass. 01970 z. State Bld. Code 780 CMR Section NAME,ADDRESS AND ZIP CODE OF DEFENDANT 3003.3 Laine Chase --- `— ------- - -- State Bld. Code 780 CMR Section 250 Highland Avenue 3. 3004.0 _. .. _ ___. .. . Salem, Mass. 01970 a. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on AT ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED 10. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc. 1 2 3 4 OTHER REMARKS: Failure to respond to City of Salem Building Department correspondence. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. ATEOF BI RTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX I RACE HEIGHTWEIGHT=EYES CCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME COURT USE ONLY i DATE DISPOSITION AUTHORIZED BY . NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS n ❑ Sufficient evidence presented ❑ Warrant o ❑ Defendant failed to appear ❑ Summons returnable - 0 Continued to 0 30MMENTS < C-CR2(3188) APPLICATION CE fADULT 9 NUMBER Trial Court of Mass. husetts g7� FOR COMPLAINT ❑ JUVENILE ' 6 �-f( District Court Department ! ❑ ARREST ® HEARING ❑ SUM O S ❑ WARRANT COURT DIVISION - ae The within named complainant requests that a compplaint issue against the within Salem Distrkct�wt named defendant, charging said defendant with the offense(s)listed below. „ 66 Waahiliag'ton Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE SateM MA,OWO 5/11/2000 ON Gom 2so HIGH AVENUE NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and Sec _ CI1R OF SAI.BH, BIII7AIHG DEPT.; S(@1 ST.YISBRS ADDRESS AND ZIP CODE OF COMPLAINANT _.ACIYY OFSAT --ONE SAL@[..GRS�T, 2HI1_Yi 00R_-__. ___ _. _-_- HIMCIPAL ORDINANCE 7% SALEK, NA 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT 250-260 HIGHLAM AVENUE 3 SAL-Mi-NA 01970 4. COURT USE I A hearing upon this complaint application DATE OF TIME OF HEARING COURT USE ONLY will be held at the above court address on HEAR T ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property. Gods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. a i 2 s Ca 3 I'll 4 C) Iii OTHER REMARKS: NR. CHASE FAILED TO RESPOND TO A LETTER SENT BY THIS DEPARMMrE"$EPTI BRt29, 1999. DNRBGISTERED VEHICLES CONTINUE TO BE STORED ON THIS PROPERTY AS7WELL4AS A N DERffi.ICT TRAILER. X SIGNATURE OF COMPLAINANT �. DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH £ SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 r D Z D Z rn O O 0 DC-CR2(3/88) APPLICATION ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST X HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem Distdict Court named defendant, charging said defendant with the offense(s)listed below. $5 Mzhtngton Street DATE OF•APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 6I y Lft.p .r7ateM. MA.oia () NA E OF COMPLAINANT {' {/ NO. - OFFENSE G.L. Ch. and Sec . 1 J e9 ! IMP'. f G�ej f[l stn 117' / e ; / ' ADDRESS AND ZIP CODE OF COMPLAI ANT A4 Xr !r}} cam -522-7c0 !r� � 2. NAME,A DRESS AND ZIP COD OF DEFENDANT - - 3. 4. COURT USE A hearing upon this complaint applicationDATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on T "+ F—ONLY CASE PARTICULARS . BE SAECIFI NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. F�7 4 2 3 q 4 3' OTHER REMARKS: lLPrE ,4,, f AA 5 �, �`r/ . 710 l0 •��� G / IeGSStQ� �^� IV)/L6- 419�1r� -7/1 y!0 y _ X (1 SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. %�F RTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDENI FATHER'S NAME DC-CR2(3188) CRIMINAL COMPLAINT 0536CR000737 Trial Court of Massachusettsikta, DEFENDANT Salem District Court CHASE, LAINE 0 HIGHLAND AVENUE SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE SALE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 05/26/1965 M W 6'00" 189 BRO BRO The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at the location stated herein the defendant did commit the 022-58-0162 offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 07/14/2004 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS SALEM MR GtV, } DATE OF COMPLAINT RETURN DATE AND TIME S��P�a�011c 03/07/2005 03/29/2005 9:00 AM skip tai COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 07/14/2004 did FAIL TO COMPLY WITH CEASE AND DESIST ORDER AS DIRECTED IN LETTER DATED 7/14/2004,in violation of 780 CMR 1825-1825.5 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon, Robert A. Cornetta, Acting ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X 10/24/03 FRI 14:56 FAX 8787400072 JOHN D KEENAN R003/003 t ( COMMONWEALTH OF MASSACHUSETTS E NORTHEAST HOUSING COURT 1ALOY"'30 oT Plaintiff 4 - V. - NO. e f (,gLAJL% Gld/-ST Defendant B IE P d STIPULATION The undersigned parties hereby stipulate and agree as follows : f wA J-1 A-- jc3 Sop I A-vy<- rGNn6���' C_r G6A NA C \r\�� c ( M r c4c ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A H ING ON MY CASE BEFORE A GE, BUT INSTEAD I CHOOSE TO SI IS AGREEMENT � � �a tPint and da ed by P),a��if_i � SigneOndated by Defendant iff' s Attorney � (r,_ Def n ' s Attorney Housing Specialist �{•� 'i Judge David D. Kerman Jonathan A. Paleclogos COPIES (GIVEN) (MAILED) TO PARTIES ON i Publir Propertil Department iguilbina Department (One dalem f6rccn 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 31 , 1996 Laine Chase 250 Highland Avenue Salem, Mass . 01970 RE : 250 Highland Avenue Dear Mr. Chase : Per request of concerned neighbors , this office conducted an inspection of the above mentioned property, and a list of violations follows : #1 . Verona St . must be cleaned up of all debris caused by your moving of stock piles . #2 . All unsafe sheds and unsafe box trailers must be removed and or demolish ( these items pose a fire hazard) . #3 . All debris must be cleaned up and kept clean. #4 . Remove all debris from abutting lot that you are using illegally on side of Verona Street . Please call upon receipt of this letter to inform us as of your course of action in this matter . Failure to see any action within fifteen ( 15 ) days will result in court action being taken against you . Thank you for your anticipated cooperation in this matter. Sincerely,,---) Leo E . Tremblay Inspector of Buil ings LET: scm cc : Fire Prevention Health Department THE MASSACHUSETTS STATE BUILDING CODE storage and handling of explosives shall be secured from the administrative authorities having jurisdiction. 3001.3 Temporary encroachments: Subject to approval, sidewalk sheds, underpinning and other temporary protective guards and devices shall project beyond the interior and street lot lines where required to insure the safety of the adjoining property and the public. When necessary, the consent of the adjoining property owner shall be obtained. SECTION 3002.0 TESTS 3002.1 Loading: It shall be unlawful to load any structure, temporary support, scaffolding, sidewalk bridge or sidewalk shed or any other device or construction equipment during the construction or demolition of any building or structure in excess of its safe working capacity as provided in Article 11 for allowable loads and working stresses. 3002.2 Unsafe equipment: Whenever any doubt arises as to the structural quality or strength of scaffolding plank or other construction equipment, such material shall be replaced, or the building official shall require a strength test to two and one-half times the superimposed live load to which the material or structural member is to be subjected. The member shall sustain the test load without failure. SECTION 3003.0 INSPECTION 3003.1 Unsafe conditions: When inspection of any construction operation reveals that any unsafe or illegal conditions exist, the building official shall notify the owner and direct the owner to take the necessary remedial measures to remove the hazard or violation. 3003.2 Failure to comply with orders: Unless the owner so notified proceeds to comply with the orders of the building official within 24 hours, the building official shall have full power to correct the unsafe conditions as provided in Sections 121.0 and 123.0. All expenses incurred in the correction of such unsafe conditions shall become a lien on the property. 3003.3 Unsafe construction equipment: When the strength and adequacy of any scaffold or other device or construction equipment is in doubt, or when any complaint is made, the building official shall inspect such equipment and shall prohibit its use until tested as required in Section 3002.2 or until all danger is removed. 30-2 780 CMR - Fifth Edition PRECAUTIONS DURING BUILDING OPERATIONS SECTION 3004.0 MAINTENANCE 3004.1 General: All construction equipment and safeguards shall be constructed, installed and maintained in a substantial manner and shall be so operated as to insure protection to the workers engaged thereon and to the general public. It shall be unlawful to remove or render inoperative any structural, fire protection or sanitary safeguard or device herein required except when necessary for the actual installation and prosecution of the work. SECTION 3005.0 EXISTING BUILDINGS 3005.1 Protection: All existing and adjoining public and private property shall be protected from damage incidental to construction operations. 3005.2 Chimney, soil and vent stacks: Whenever a new building or structure is erected to greater or lesser heights than an adjoining building, the construction and extension of new or existing chimneys shall conform to the provisions of the BOCA National Mechanical Code listed in Appendix A, and the construction and extension of soil and vent stacks and the location of window openings shall comply with the provisions of Section 2805.4. 3005.3 Adjoining walls: The owner of the new or altered structure shall preserve all adjoining independent and party wails from damage as provided herein. The owner shall underpin where necessary and support the adjoining building or structure by proper foundations to comply with Section 3007.0. 3005.3.1 Maintenance: In case an existing party wall is intended to be used by the person who causes an excavation to be made, and such party wall is in good condition and sufficient for the use of both the existing and proposed building, such person shall preserve the party wall from injury and support it by proper foundations at his own expense, so that it shall be and remain as safe and useful as it was before the excavation was commenced. During the demolition, the party wall shall be maintained weatherproof and structurally safe by adequate bracing until such time as the permanent structural supports shall have been provided. 3005.3.2 Beam holes: When a structure involving a party wall is being demolished, the owner of the demolished structure shall, at his own expense, bend over all wall anchors at the beam ends of the standing wall and shall brick up wall open beam holes and otherwise maintain the safety and usefulness of the all. 3005.3.3 Party wall exits: A party wall balcony or horizontal exit shall not be destroyed unless and until a substitute means of egress has been provided and approved. 780 CMR - Fifth Edition 30-3 / / g r' a ✓Z65 ' � I tae ' 0 9 � 099- f �g 9 �'' � 41��,' 1p gg 940 '. r v l o tl0d�\ y 96i9 009��'' tib Zco }'a� 956p g�Lg 99 6 v V9 610 89 '41 r� 0 6Z9 a Oa b / �d4\ odd 6 6 Cb a� X09 194 01 0099 og �' \6 pro b w 90�1 � s s � ^ o �r $ 00001 q9 v ". 9 y end 01 9 s = o 1;0 ADMINISTRATION AND ENFORCEMENT SECTION 123.0 UNSAFE STRUCTURES 123.1 Inspection: The buiiding official immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabitea or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the building official may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. 123.2 Removal or making structure safe: Any person so notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove such building or structure or make it safe, or to make it secure. and he shall employ sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the mayor or selectmen so order, the building official may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence put up for the protection of passersby, or to be made secure. SECTION 124.0 EMERGENCY MEASURES 124.1 Failure to remove or make structure safe, survey board, survey report: If an owner of such unsafe structure refuses or neglects to comply with the requirements of such notice within the specified time limit, and such structure is not made safe or taken down as ordered therein, a careful survey of the premises shall be made by a board consisting; in a city, of a city engineer, the head of the fire department, as such term is defined in Section 1 of Chapter 148 of the Massachusetts General Laws Annotated, as amended, and one disinterested person to be appointed by the building official; and, in a town. of a surveyor, the head of the fire department and one disinterested person to be appointed by the building official. In the absence of any of the above officers or individuals, the mayor or selectmen shall designate one or more officers or other suitable persons in place of the officers so named as members of said board. A written report of such survey shall be made, and a copy thereof served on such owner. 124.2 Removal of dangerous or abandoned structures: If such survey report as outlined in Section 124.1 declares such structure to be dangerous or to be unused, uninhabited or abandoned. and open to the weather, and if the owner continues such refusal or neglect, the building official shall cause it to be made safe or taken 780 CMR - Fifth Edition 1-25 GRe )-' Tito of �tt1rm, �iossar4usetts Publir Propertg Department Nuilbing Department (One dalem (Qrren 500-715-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 31 , 1996 Laine Chase 250 Highland Avenue Salem, Mass . 01970 RE : 250 Highland Avenue Dear Mr. Chase : Per request of concerned neighbors, this office conducted an inspection of the above mentioned property, and a list of violations follows : ill . Verona St. must be cleaned up of all debris caused by your moving of stock piles . #2 . All unsafe sheds and unsafe box trailers must be removed and or demolish ( these items pose a fire hazard) . #3 . All debris must be cleaned up and kept clean . #4 . Remove all debris from abutting lot that you are using illegally on side of Verona Street . Please call upon receipt of this letter to inform us as of your course of action in this matter . Failure to see any action within fifteen ( 15 ) days will result in court action being taken against you. Thank you for your anticipated cooperation in this matter. Sincerely,, '�iO C-+✓mac-evr Leo E. Tremblay Inspector of Bui Ings LET: scm cc: FirePrevention Health Department aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KI\MERLEY DRISCOLL MAYOR 120 wA5HIN0'fDN SIREE'C*SALEM,MAtiSACHL.IE1'IS 01970 Tm 978-745-9595♦ FAx:978-740-9846 STOP WO Property Location 2 0 Lafayette September 21, 2006 Patrick Osgood & Laing.Chase 250 Highland Avenue Salem, MA 01970 Dear Mr. Osgood and Mr. Chase; The above listed property has been posted with a Stop Work Order due to being in violation of the following State Codes and/or City Ordinances. 780 CMR Massachusetts State Building Code, Section 118.1, regarding violations of the construction code, states that it is unlawful to add, alter, or construct any structure without the proper permit to do so. No further work may be done until such time as the order is lifted. Any person who shall continue any work in or about the building or structure after having been served with a Stop Work Order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1000, or by imprisonment for not more, than one year, or both for each violation; with each day constituting a separate violation., If you have any questions regarding this letter, please contact the Building Inspectors Office at(978) 745-9595 ext. 386. Sincerely,; Jos ph E. Barbeau, . Assistant Building Inspector CC: file, Mayor's Office, Police Dept., Fire Prevention, Atty. Atschuller, Atty Lovely 1�.JHIGHWAY� '! Mitt Romney Kerry Healey John Cogd'ano Luisa Paiewonsky G V Got�mor Lt Co .vn0 Seaehry C2mmiss', MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION October 11, 2006 Thomas St. Pierre, Building Commissioner City of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre, This is to acknowledge your recent correspondence relative to the business owner at 250- 260 Highland Avenue (Route 107) occupying the area outside his property line. Please be informed this matter has been referred to our Legal Counsel's office in Boston for review. You will be informed of any action that may be taken as a consequence of this encroachment. If you have any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at(781) 641-8449. me r ly, Patricia A. Leavenworth, P.E. District Highway Director i DA/da 1 Massachusetts Highway Department•District 4.519 Appleton Street, Arlington, MA 02476 •(781) 641-8300 r 04DIT�,A^ CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT m 120 WASHINGTON STREET, 3RD FLOOR 2 SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 poi FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 14, 2006 Copy Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 Mr. Chase &Mr. Osgood: I conducted an inspection of the stone works property. With me was Frank Taormina from the Planning Department. Frank was there to address the numerous sign violations and are the subject of Frank's letter dated September 13, 2006. There are two problem areas on the property boundary lines. I- A) : The area in the front of the property This area is part of the Mass Highway's right of way. Your front property line is approximately the line of the stone wall. Merchandise, ` stone, tubs and sheds cannot be placed in this area. B.)The side on Verona Street. Your property line on Verona is the chain link fence. You have stored large amounts of materials and debris on City property. These materials need to be removed. C) The property line in the rear is the chain link fence that was the subject of the lengthy court case with Laine Chase. This fence is being destroyed by the concrete storage bins being pushed from your property onto to C:tj right o:way. 2) The wall, constructed recently, was also the result of a lengthy court case and numerous correspondences. I have issued numerous orders regarding the use of the wall. Yesterday, I noticed bricks, two pallets high in the first row as well as numerous pallets in contact with wall. To date, no steel bollards have been installed. The disregard of these orders is disconcerting. You are directed to comply with all previous orders relating to the use of the retaining wall. Sincere'Gte,w"I Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Attorney Jack Altshuler Attorney Stephen Lovely Attorney David Harris Jason Silva, Mayors Office Councillor O'Leary DNDIT,I� CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ' 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 �?r TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 27, 2006 David Aznavoorian Assistant District Maintenance Engineer Mass Highway Department- District 4 519 Appleton Street Arlington, Ma. 02496 RE: 250-260 Highland Avenue Dear Mr. Aznavoorian: The Business owner at 250-260 Highland Avenue (Route 107)has occupied the area outside his property line, to stockpile stoves, sheds and other materials that he sells. The materials are a distraction to motorists and impede the ability for a pedestrian to pass by his property... This property was the subject of the same complaint back in September—November of 2003. Your office was very effective then and we ask for your assistance again. If further information is needed, please contact me at 978-745-9595 x 380. Sincerely, Thomas St. Pierre Building Commissioner cc: Jason Silva, Mayors Office copies of 2003 letters �' MASS HIGHWAY Mitt Romney Kerry Healey Daniel A. Grabauskas John Cogliano MONEWMEMONOWEEMMGovernor Lt.Governor Secretary Commissioner September 30, 2003 Thomas St. Pierre, Acting Building Commissioner City of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre: This is in response to your recent correspondence relative to Mr. Lane Chase placing building materials, a shed and various other items on the sidewalk in front of his property at 250-260 Highland Avenue, Route 107, thereby creating a distraction to passing motorists. Maintenance personnel from this office conducted an investigation at the site and took pictures of the materials on the sidewalk. Mr. Lane met with our maintenance people during the investigation and indicated to them that the materials were on his property. He pointed to a marker in the roadway that he said was the limits of his property. (Please see attached) Because Mr. Lane is disputing his property limits the District Survey Section has been requested to establish the sideline in that area. After there has been a determination of the state highway sideline, Mr. Lane will be directed to remove the aforementioned materials. If there are any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at (781) 641-8449. Sine Stephen T. O' Donnell District Highway Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781) 641-8300 0 1 MASS:jJFHjGHWAY Mitt Romney Kerry Healey Daniel A. Grabauskas Govemor LL Gano ovemor John Secrepry Commissioner qo9 er November 21, 2003 Thomas St. Pierre, Acting Building Commissioner City Of Salem Public Property Department 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Mr. St. Pierre: Reference is made to your recent correspondence relative to the occupant of 250-260 Highland Avenue, Route 107, creating a distraction to passing motorist by placing building materials and various other items on the sidewalk in front of his property. Please be informed the District Four Survey Section established the sideline in that area and it has been determined that Mr. Chase is in fact encroaching on state property. Correspondence will be forwarded to Mr.Chase directing him to remove any encroaching objects from the sidewalk. If you have any further questions regarding this matter please call David Aznavoorian, Assistant District Maintenance Engineer at(781)-641-8449. Sincerel Stephen T. O'Donnell District Highway Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781) 641-8300 Ly CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBER cv DRIscoLL 120 WASHINGTON STREET•SALEM,MASSACHUSEM 01970 MAYOR 1rt.E.978-745-9595 ♦FAY:978-740-0404 LYNN GOONIN DUNCAN,AICD DIRECCOR September 13,2006 Patrick Osgood&Laine Chase Osgood Stone Works 250 Highland Avenue Salem,Massachusetts 01970 Re: Illegal Signage—Osgood Stone Works,250 Highland Avenue,Salem,MA Dear Mr. Patrick Osgood&Mr. Laine Chase, On September 13,2006 the Building Commissioner and I inspected the above referenced property and witnessed numerous signs in violation of the Salem Sign Ordinance. Listed below you will find each violation and the corresponding action required to comply. • One (1) aluminum will sign fronting Highland Avenue mounted to building. This sign does not have a sign permit All signage in the City of Salem must be reviewed and approved prior to their fabrication and installation. You must file the enclosed Salem Sign Permit Application and include all the submittal requirements and the associated sign application.fee. • One (1) banner sign fronting Verona Street affixed to the roof. Section 3-45B(9) of the Salem Sign Ordinance states that signs shall not be installed above the roofline. In addition,banner signs cannot be permitted.Banner signs can only be used as temporary signage,which does not require a sign permit However,section 3-45F of the Salem Sign Ordinance states"temporary signs can only be used for special sales and/or events lasting no more than fifteen (15) days and may only be affixed to the inside of the windows of the establishment facing out to the public way". The banner sign on the roof cannot be permitted and cannot be considered a temporary sign so it must be removed immediately. I • Multiple banner signs affixed to the fence around the site. Section 3-55D of the Salem Sign Ordinance states, "signs posted on or attached to utility poles, fences, trees,lighting posts which are on or over a public or private way are prohibited". In addition,it appears that many of the banners affixed to the fence are off-premise sign, advertising for a business and products not located on the property. This is a violation of Section 3-56I of the Salem Sign Ordinance,which states"signs which advertise an activity,business,product,or service not produced or conducted on the premises upon which the sign is located are prohibited". Therefore,all of the banner sign must be removed immediately. Please submit the enclosed Salem Sign Permit Application for your existing/proposed signage and include all the submittal requirements and the associated sign application fee to this Department as soon as possible. As mentioned above,the only existing signage that can be permitted is the wall sign fronting Highland Avenue. If all the illegal signs are not removed from the fence and the roof within ten (10) days receipt of this letter,this matter will be forwarded to the Building Commissioner who may enforce the penalties and fines under Sec 3.36& 3.29 of the Salem Sign Ordinance and 780 CMR Sec 3102.4 of the Building State Code. Should you have any further question about this matter I can be reach at (978) 745-9595 ext 311. Sincerely, �L+tiG`ti/ F Tao Planner/Harbor Coordinator Cc: Thomas St Pierre,Building Commissioner Jason Silva,Mayor's Chief of Staff Attorney Stephen Lovely 2 ,C,QNQIT CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ^>, SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 0� FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 11, 2006 cg%py Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 RE: 250-260 Highland Avenue This letter is to further amend the August 31" letter issued by this office. The steel bollards must be twelve inches taller than the existing wall. Any questions, please contact me directly. Since y, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Attorney David Harris Attom;y Richard Weitzen Attorney Stephen Lovely Attorney Jack Altschuler a oNDI . CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT s' 120 WASHINGTON STREET, 3RD FLOOR ( SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 31, 2006 Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 Mr. Chase & Mr. Osgood: This letter is intended to further clarify my letter of July 24, 2006. The steel bollards that you are directed to install are to be the same height as the existing wall. Also, if any of the bollards are damaged, they must be replaced as early as possible. I will be on the property on Tuesday, September 12`h at 10:00 to reinspect the bollards and to confirm compliance with all pervious orders. If you have any questions, please contact me directly. Sinc Thomas St. Pierre Building Commissioner Attorney David Harris Attorney Rithie Weitzen Attorney Stephen Lovely Attorney Jack Altshuler CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT a 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR THoNL�s ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 24, 2006 Laine Chase Angle Chase- Randell Patrick Osgood Attn: David Hams Attn: Richard Weitzen RE: Wall at 250-260 Highland Avenue Mr. Chase, Mr. Osgood: After many conversations between the parties and taking into account the Engineer's letter, I am issuing the following directive. Steel bollards to be installed 3 Oinches from the wall and 3 feet on center intervals for the length of the wall. The bollards are to be 8" in diameter, steel pipe filled with concrete and set in concrete. The purpose of these bollards is to provide a positive stop for pallets before hitting the previously installed wall. All previous orders remain in place. If you have any questions, please contact me directly. Sincerely, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT �1. .✓.S+ 120 WASHINGTON STREET,3m FLOOR TEL. (978)745-9595 F.tx(978)740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CON IISSIONER June 21, 2006 Laine Chase Angel Chase-Randell 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chase This is a follow up to my letter dated Junel5, 2006 in which I required you to produce an Engineer's verification that your retaining wall would work for the purpose intended. After writing that letter, I revisited the easement agreement dated May 18, 2006. I am issuing the following order. With regard to the second row of palletized material stacked on the immediate southern side of the wall Pallets cannot be stacked with an aggregate height of more than 12 (inches) above the top edge of the wall. Your compliance with this order will negate the engineer's report I required in my previous letter. If you have any questions, please contact me directly. Sin ly, ��7 Thomas St. Pierre Building Commissioner cc: Jason Silva Attorney Richard Weitzen Attorney David Harris Elizabeth Rennard, City Solicitor CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT !� 120 WASHINGTON STREET, 3m FLOOR TEL (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 15, 2006 Laine Chase Angel Chase-Randell 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chaise: This Department sent you a letter on July 14, 2004 in response to an incident where materials from your property fell onto the drive thru lane at Dunkin Donuts. You were ordered to cease stockpiling materials on that area of your property until "such time that a properly engineered and properly permitted retaining wall is constructed." As you are aware, under the threat of prosecution, you finally agreed to construct a wall. It would appear both from Rizzo, the designer of the wall and from a report, received by this officefrom Frank S. Vetere, P.E., LSP that the wall was designed and built for retaining soil and not to safeguard the drive thru lane on the abutting property. I have enclosed a copy of Mr. Vetere's letter. All through this process, it was clear that the wall was to be built for the purpose of public safety. Given the information provided by both Rizzo Associates and Mr. Vetere, I am directing you to provide a letter or statement from a qualified Engineer. The letter needs to state that the wall built is sufficient to safeguard the drive thru lane next door. The letter needs to include any requirements, limitations on use, or any other conditions that would provide for the protection of the drive thru lane next door. This letter is required to be in this office within 15 days upon your receipt of this letter. Sincerely, Thomas St. Pierre Building Commissioner cc: Jason Silva Attorney Richard Weitzen Attorney David Harris Elizabeth Rennard, City Solicitor i APPLICATION C ADULTNUMBER Trial Court of Massachusetts FOR COMPLAINT El JUVENILE District Court Department 'u ARREST ._ HEARING LJ SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offenses) listed below. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 1-22-97 12-31-96 250 Highland Avenue Salem, MA. 01970 NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and Sec City of Salem Building Department ADDRESS AND ZIP CODE OF COMPLAINANT State Bld. Code 780 CMR Section One Salem Green t. 123. 1 Salem, Mass. 01970 2. State Bld. Code 780 CMR Section 3003.3 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Laine Chase - - _ - State Bld. Code 780 CMR Section 250 Highland Avenue 3. 3004.0 Salem, Mass. 01970 e. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY----o- will be held at the above court address in AT f—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM.i DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED 'O. Owner of property, Goods stolen.what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed.etc. $250. Marijuana,gun,etc. 1 2 3 OTHER REMARKS: Failure to respond to City of Salem Building Department correspondence. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. ATE OF BIRTH PLACEOFBIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR CCUPATION EMPLOYER/SCHOOL MOTHER'S NAMEIMAIDENI FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE At request of complainant Complainant failed to prosecute i Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS n Sufficient evidence presented Warrant i 9 Defendant failed to appear ❑ Summons returnable 1 0 Continued to O� ;OMMENTS r.cRo niaar CRIMINAL COMPLAINT 0036CR001733 Trial Court of Massachusetts DEFENDANT Salem District Court CHASE, LAINE 250-260 HIGHLAND AVENUE TO ANY JUSTICE OR CLERK-MAGISTRATE SALEM, MA 01970 OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR The undersigned complainant, on behalf of the M W 000 000 XXX X)OC Commonwealth, on oath complains that on the date and at INCIDENT REPORT# SOCIAL SECURITY# the location stated herein the defendant did commit the offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE ONGOING SALEM COMPLAINANT POLICE DEPARTMENT ST. PIERRE, TOM/CITY OF SA SALEM /CITY OF SALEM BUILDING DEPT. COPY DATE OF COMPLAINT R MMONS 06/16/2000 07/12/2000 9:00 AM COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 1-Ithe City or Town of CITY OF SALEM.PR PER TY AT 250-260 HIGHLAND AVENUE,SALEM,in violation of MUNICIPAL ORDINANCE CH24 521 COUNT-OFFENSE COUNT-OFFENSE it i COUNT-OFFENSE _ COMPLAINANT SWORN TO Bt!FORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST. APPLICATION Ln ADULT NUMtl`" Trial Court of Massacnusetts FOR COMPLAI T ❑ JUVENILE District Court Department ❑ ARREST MEARI — IJ SUMMONS LI WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem Citstrict Court named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE GS Washington Street 1-22-97 1 12-31-96 250 Highland Avenue Salem. MA 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. CR and Sec ADDRESS AND ZIP CODE OF COMPLAINANT State B1.d. Code 780 CIRR Section One Salem Green t. 1'23. 1 Salew, 61a:;s. 0197$0 ' State Bid. Code 780 C-MR Section 2. 3003.3 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Laine Chase Sate Bld. Cede 780 CP4R Section 250 Highland Avenue 3. 3004.0 Salem, Mars. 01970 4. COURT USE I A hearing upon this complaint application DATEEof HEA�iw-G ; ' I ` r TIME of HECOURT USE ONLY will be held at the above court address onl t. qT / t—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED N0. Owner of property, Goods stolen,what - Over or under SUBSTANCE OR WEAPON person assaulted.etc'. destroyed,etc. $250. Marijuana,gun.etc. 1 2 3 4 OTHER REMARKS: Failure to respond to City of Salem Building Department correspondence. SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.;' DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SE% RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 0 0 3 v s Z D Z Tn 0 O U DC-CR2 131881 Easement Agreement 051020 FINAL THIS EASEMENT AG EMENT (the "Agreement") is made and entered into as of the day of 200 by and between Four-D Best Limited Partnership, a Massachusetts limited partnership, (the "Grantor") and Laine K. Chase of 63 Ober Street, Beverly, Massachusetts 01915 and his/her heirs, successors and assigns and Angel Chase- Randall of 41 Hawkes Street, Saugus, Massachusetts 01906 (collectively referred to as"Chase"). Any references herein to the "parties" shall mean the aforementioned Grantor and Chase. WITNESSETH: WHEREAS, Grantor is the owner of that certain parcel of real property located at 248 Highland Avenue, Salem, Essex County, Massachusetts and being shown as Parcel 1 (the "Grantor Parcel") on the Plan (the "Plan') attached hereto as Exhibit A, said Grantor Parcel containing 13,711 plus or minus square feet or .32 plus or minus acres; WHEREAS, Chase is the owner of that certain parcel of real estate located at 250-260 Highland Avenue, Salem, Essex County, Massachusetts (the "Chase Parcel") and also being shown on the Plan attached hereto as Exhibit A; WHEREAS, the Grantor intends hereby, upon the terms and conditions set forth in this Agreement, to subject the Grantor Parcel to the grant of an easement to and for the benefit of Chase; WHEREAS, prior to the date hereof, Chase has installed a 6CHAIN LINK FENCE (the "FIRST 6CHAIN LINK FENCE") as shown on the Plan (the specifications of the 6CHAIN LINK FENCE are set forth in Section 4.A.(i) below); WHEREAS, Chase and Grantor have approved the construction of a CONIGLIARO PLAS-CRETE BLOCK SEGMENTAL WALL (the "WALL") to be located on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan; WHEREAS, Chase and Grantor have approved the construction of a second 6' CHAIN LINK FENCE '(the "SECOND 6' CHAIN LINK FENCE")to be located on the Grantor Parcel and the Chase Parcel in the approximate location shown on the Plan; WHEREAS, Chase and Grantor have agreed that upon execution and recording of this Agreement Grantor shall, at Grantor's expense, construct the WALL and the SECOND 6' CHAIN LINK FENCE as provided in this Agreement; WHEREAS, Chase intends hereby to fulfill the terms and conditions set forth in this .Agreement in order to receive and continue to have the benefit of the easement ;ranted hereunder by the Grantor; 1 1 1 WHEREAS, the parties have agreed and intend hereby to ratify and confirm the terms and conditions of the Easement Agreement except to the extent as specifically amended by this Agreement; _ NOW,THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the undersigned parties hereto agree to amend the Easement Agreement as set forth below in sections 1,2 and 3: 1. The location of the WALL,now and in the future, shall be as presently located on the ground on the Grantor's Parcel and the Chase Parcel and although in some locations is less than five(5) feet from the FIRST 6'CHAIN LINK FENCE shown on the Plan,the WALL's present location and that of the SECOND 6'CHAIN LINK FENCE are satisfactory to the Grantor and Chase.The parties agree the WALL and the SECOND 6' CHAIN LINK FENCE do not have to be relocated in accordance with the Plan and may remain in their present locations. 2. The drilling of holes down through the existing WALL blocks and the insertion of epoxy and steel re-bars,has been completed by the Grantor and the work is satisfactory to the Grantor and Chase. The Grantor and Chase agree the requirement for the Grantor to provide a certification from an engineering company is hereby waived by Grantor and Chase and the parties acknowledge that the Inspector has confirmed that no such certification is required by the City of Salem. 3. Chase's use of the Easement Area, excluding the Buffer Zone, and that portion of the Chase Parcel immediately on the southern side of the WALL after the end of the SECOND 6' CHAIN LINK FENCE, shall be in accordance with Section 4.C.of the Easement Agreement,except that the Granter and Chase further agree as follows with regard to the locating and storage of materials in the first two (2)rows of pallets immediately on the southern side of the WALL: (1)pallets of natural round rocks or other natural materials capable of rolling may not be located and stored in the first row of Palletized Materials immediately on the southern side of the WALL; j only safely stackable pallets of Palletized Materials maybe located, stored and stacked in the first row of pallets imine ate y on a southern side of the WALL,provided they are not stac a more an two(2)pallets high or have an aggregate eight when stacked of more twelve 12 inches above the er t o the WALL; (III)pallets of natural roue rocks or other natural materials capable of rolling(not safely stackable pallets)may be located and stored in the second row,provided such pallets are not stacked; and To only safely stackable pallets of Palletized Materials not natural round rocks or natural materials capable of rolImg)may be stacked in the second row of Palletized Materials imine ately on the southern side of the WALL,provided such allets shall not be stacked more than three(3)pallets high or have an aggregate eight in excess of eight(8)feet from the ground. 2 Further Grantor and Chase agree that the existing slope of the land on the southern side of the WALL will be maintained by Chase so that rainwater and snow melt will not run onto or toward the Grantor's Parcel. The parties agree that in all other respects the Grantor has fulfilled its obligations under the Easement Agreement with regard to the construction of the WALL and the installation of the FIRST and SECOND 6' CHAIN LINK FENCES. The parties hereto hereby ratify and confirm the Easement Agreement as amended by this Agreement. This Agreement may be executed in counterparts which shall collectively be deemed as one instrument. This Agreement shall not be effective until such time as it is duly recorded in the Southern District, Essex Country Registry of Deeds. The Easement Agreement may not be further amended unless and until the parties hereto,or their respective heirs,successors or assigns execute and record an amendment thereto. IN WITNESS WHEREOF, and intending to be legally bound hereby,the patties have caused this Agreement to be executed as of the day and year first above written. Grantor: Four-D Best Limited Partnership By Its neral Partner, F rrr Best,Inc. B /I Mark Paulino, President STATE OF: Aa- Ao— COUNTY: --..--- --- On tbisZ day of 0 0,,ji � 2006,before me, the undersigned notarypublic, personally appeared Mark Paulin,President, Four-D Best, Inc.,General Partner of Four -D Best Limited Partnership and proved to me,through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public: e ••+yAME$ CASTµ My gCommission Expires: 1 ag ' ca.nn-camusaa I (Affix Seal) F i •� bnwsenav(eooKazize4€ •�01 flans kaleiy Men.tft s i............................................ s 3 Chase: Lair " C. Ch se _ GG COMMONWEALTH OF MASSACHUSETTS _ COUNTY: On thiA�dday of i=e� 2006,before me,the undersigned notary public, personally appeared Laine K. Chase and proved to me, through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. -. Notary Public:4jw ep My Commission Expires: /tc 7 2omt (AFFIX SEAL) 4 V Chase: Angel Chase-Rand COMMONWEALTH OF MASSACHUSETTS COUNTY: Essay On this tday of /u 2006,before me,the undersigned notary public, personally appeared Angel Chase-Rhndall and proved to me,through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public: — My Commission xpires: (AFFIX SEAL) -- 5 • IIIIIIIII'IIIIIIII�IIIIIIIIIII�IIIIIIIIIIIIIlII _ 2006051300381 Bk;25691 Pg;155 / 05/23/2006 12:38:00 OTHER Pp 115 Amendment to Easement Agreement06O421 THIS AMENDM ,NT TO EASEMENT AGREEMENT(the"Agreement")is made and entered into as of the 1$ day of Wr Y 7 2006, by and between Four-D Best Limited Partnership,a Massachusetts limited�partners—hip, (the"Grantor")and Laine K. Chase of 63 Ober _ Street,Beverly,Massachusetts 01915 and his/her heirs, successors and assigns and Angel Chase- Randall of 41 Hawkes Street, Saugus,Massachusetts 01906 (collectively referred to as"Chase"). Any references herein to the"parties"shall mean the aforementioned Grantor and Chase. WITNESSETH: WHEREAS, on February 5,2006 the G^antor and Chase made and entered into an Easement Agreement,hereinafter referred to as the"Easement Agreement"that was duly recorded in the Essex South Registry of Deeds, Commonwealth of Massachusetts in Book 25357,Page 528; WHEREAS,the Grantor has as of the date hereof completed the construction of the CONIGLIARO PLAS-CRETE BLOCK SEGMENT WALL(the"WALL")andtheSECOND 6' CHAIN LINK FENCE; WHEREAS,the parties acknowledge and agree that the WALL was located and constructed on the ground,with some portions of the WALL being closer to the FIRST 6' CHAIN LINK FENCE and the Edge of Ledge then was shown on the Plan attached to the Easement Agreement(the"Plan"); WHEREAS,the parties acknowledge that the Grantor has not obtained and provided to the Building Commissioner for the City of Salem(the"Inspector")a certification from an engineering company that the WALL has been constructed in accordance with the specifications set forth in the Easement Agreement; WHEREAS,the parties, in consultation with the Inspector,have agreed upon certain modifications to the specifications of the WALL, namely,the drilling of holes through the blocks of the WALL to the foundation and the insertion of epoxy and steel re-bars in said holes, which modifications have been made and inspected and approved by the Inspector prior to the date of this Amendment to Easement Agreement(the"Amendment"or"Agreement'; WHEREAS, the Inspector has signed-off on the City of Salem Building Permit with regard to the construction of the WALL; WHEREAS,the parties have agreed that all capitalized terms used herein shall have the definitions as used in the Easement Agreement; WHEREAS,the parties have agreed and intend hereby to amend the Easement — Agreement; 1 WHEREAS, the parties have agreed and intend hereby to ratify and confirm the terms and conditions of the Easement Agreement except to the extent as specifically amended by this Agreement; NOW,THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the undersigned parties hereto agree to amend the Easement Agreement as set forth below in sections 1,2 and 3: 1. The location of the WALL,now and in the future, shall be as presently located on the ground on the Grantor's Parcel and the Chase Parcel and although in some locations is less than five(5)feet from the FIRST 6'CHAIN LINK FENCE shown on the Plan,the WALL's present location and that of the SECOND 6'CHAIN LINK FENCE are satisfactory to the Grantor and Chase. The parties agree the WALL and the SECOND 6' CHAIN LINK FENCE do not have to be relocated in accordance with the Plan and may remain in their present locations. 2. The drilling of holes down through the existing WALL blocks and the insertion of epoxy and steel re-bars,has been completed by the Grantor and the work is satisfactory to the Grantor and Chase. The Grantor and Chase agree the requirement for the Grantor to provide a certification from an engineering company is hereby waived by Grantor and Chase and the parties acknowledge that the Inspector has confirmed that no such certification is required by the City of Salem. 3. Chase's use of the Easement Area, excluding the Buffer Zone, and that portion of the Chase Parcel immediately on the southern side of the WALL after the end of the SECOND 6CHAIN LINK FENCE, shall be in accordance with Section 4.C.of the Easement Agreement, except that the Granter and Chase further agree as follows with regard to the locating and storage of materials in the first two(2)rows of pallets immediately on the southern side of the WALL: (I)pallets of natural round rocks or other natural materials capable of rolling may not be located and stored in the first row of Palletized Materials immediately on the southern side of the WALL; (II)only safely stackable pallets of Palletized Materials may be located, stored and stacked in the first ow" pallets immediately on a southern side of the WALL,provided they are not stacke more an two(2)pallets high or have an egate eight when stacked of more an twelve(12) inches above a ei t of the WALL; (III)pallets of natural roan rocks or other natural materials capable of rolling(not safely stackable pallets)may be located and stored in the second row,provided such pallets are not stacked; and only safely stackable pallets of Palletized Materials not natural round rocks or na materia s capa e o mllmg)may be stacked in the second row of Palletized Materials immediately on the southern side of the WALL, provided such allets shall not be stacked more than three (3)pallets high or have an aggregate eight in excess of eight(8)feet from the ground. 2 l Further Grantor and Chase agree that the existing slope of the land on the southern side of the WALL will be maintained by Chase so that rainwater and snow melt will not run onto or toward the Grantor's Parcel. The parties agree that in all other respects the Grantor has fulfilled its obligations under the Easement Agreement with regard to the construction of the WALL and the installation of the FIRST and SECOND 6' CHAIN LINK FENCES. The parties hereto hereby ratify and confirm the Easement Agreement as amended by this Agreement. This Agreement may be executed in counterparts which shall collectively be deemed as one instrument. This Agreement shall not be effective until such time as it is duly recorded in the Southern District, Essex Country Registry of Deeds. The Easement Agreement may not be further amended unless and until the parties hereto,or their respective heirs,successors or assigns execute and record an amendment thereto. IN WITNESS WHEREOF, and intending to be legally bound hereby,the parties have caused this Agreement to be executed as of the day and year first above written. - — Grantor: - Four-D Best Limited Partnership By Its neral Partner,FourD FourBest,Inc. B /l Mark Paulino,President STATE OF: Mar t d c� COUNTY: VhJvvn Rca6i On this]-day of a "I 2006,before me,the undersigned notary public, personally appeared Mark Paulin,President,Four-D Best, Inc.,General Partner of Four-D Best Limited Partnership and proved to me,through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public: J,�� µ My Commission Expires r dg i _ ca � (Affix Seal) saps..dvmorr p lasls0 9uu(E00442-42u. flondarlwnn assn.IN i............................................e 3 LET[n 2TEE 2000 CITY OF SALEM, MASSACHUSETTS I r - BOARD OF APPEAL 120 WASHINGTON STREET, 300 FLOOR SALEM, MASSACHUSETTS 01970 1 LETT 2TEE 2000 0h92 L oN UN1�Os t A o e` IRi/ MIzz Frank & Maria Chase NA��{� � ` 1ST �riOZEC c/o wine Chase ��� iJTi � � CNi7 N®YaCO� 250 Highland Avenna - ", o ETU_ •,Salem, Ma. 0 N1X E� 015 5E 3 OV,06z3/1-3 11 -- RETURN TO SENn-E;R .; REFUSED � .UNABLE TO FORWARD SC: 03-970354599 ' r 23 �ii74 :..r .^.; ,^.7. 3 k2S S.5 of flet f of f ff f _4. faf tf a eu F _ Y SENDER: COMPLETE SECTION COMPLETE SECTIONON DELIVERY i l ■ Complete items 1,2,and 3.Also complete A. Signature ,.- ❑Agent item 4 if e an Restricted Delivery is desired. X ❑Addressee ', ■ Print your name and address on the reverse � So that we can return the card to you. B. Received by(printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. , D. Is delivery address different from item 11 L-3 Yes i 1. Article Addressed to: If YES,enter delivery address below: ❑ No ` I Ch ` 3. Service Type S �. �.` 1 '1 h O Certified Mail ❑Express MaillJ ❑ Registered ❑Return Receipt for Merchandise j i ❑ Insured Mail ❑C.O.D. I{ f 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number (Transfer.from service label) I I I f .l PS Form 3811,February 2004 Domestic ReturnReceipt 102595-02-M-1540 t . iOA CITY OF SALEM .1 'r•' 1 r MONTH OAY YEAR TIME CONTROL NO. 1 -LOCATION NAME OF OFFENDER Lam.' elk r ADDRESS i)_� x�[ !STATEZIP 101 1 40)'77o 1 1 hereby acknowledge receipt of the foregoing citation X Date: =jUnyali obtain signature of offender [},Date Mailed [ ]Posting Advancements,Notices on City Property f ss,BCD 4-2 � Illegal signs fPill CR1I+ �p $[")Violation of State Building Code BCD 4-39 and 4-47 BCD 12-1 [ ]Removal of Unsightly Conditions [ ] Violation of BOCA Nat.Fire Prev.Code I-A BCD 12-56 SCO 20-111 [ ]Keeping of Trailers,Comm.and Red.Vehicles,etc. BCD 24-21.1 [ I Removal of Snow/Ice from Sidewalks SCO 38-13 and 38-14 []Zoning Ordinance SZO§ []Other Citation: Signature of Enforcing Person Department 6,'?� Amount of Fine: [ ]Warning [ ]$25.00 [ ]$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 Other JL0`L j 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. It delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.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 Could will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 2/DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS • ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL nroSnav yntra Ra� __-'ru-cnrutic xoneaive,nunuve-unvcrt n�lv I )VE LINER 89Nll 3AOW32e'3AIS3HOV 3SOdX3 01 TO EXPOSE ADHES '3AIS3HOV 3SOdX3 01 TO EXPOSE ADHESIVE,REMOVE LINER 83NI1 Place Stamp VIOLATION OF NOTICE I Postt Office will not deliver without stamp O TO OFFENDER: YOUHAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER: (1)You may elect to pay,either by appearing In person between Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m. to 7:00 p.m.and Friday from 8:00 a.m.to 1200 p.m.,legal holidays excluded before:THE CLERK OF THE CITY OF SALEM WITHIN TWENTYONE(21) DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter, DO- with no resulting criminal process (2)If you desire to contest this matter in a non-criminal proceeding you may do so by making a written request to the CLERK 5in - MAGISTRATE of the SALEM DISTRICT COURT,65 WASHINGTON STREET,SALEM, MA 01970 for a hearing.A determination by a Judge,Clerk or Assistant Clerk will operate asby final duper is paidwith no resthe time crispecifiednal , (cess,you failed payny the CITY CLERK DEPARTMENT imposed in that officer is paid within the time specified. ill If you fail to pay the imposed fine or to appear as specified,the/or of Salem will apply for the issuance of a criminal complaint against you(4)and/or the fine will be levied in a form of a CITY HALL 0 lien against your real property. CITY OF SALEM SALEM, WASHINGTON STREET SALEM, MA 01970 AC T CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT k�sl �r ,l 120 WASHINGTON STREET,3RD FLOOR \a � TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 5, 2013 Frank and Maria Chase c/o Laine Chase 250 Highland Avenue Salem Ma 01970 Re violations at 250 Highland Ave Mr.Chase. You were recently contacted regarding violations at your property. The first one was illegal signage, which is still displayed .You are receiving a second ticket for your failure to correct the signage. The second violation is the fact that you still have product outside of your property line on Verona Street. All of the product needs to be moved from the Public Way and placed back on your property immediately. The third violation is the lack of a _ working bathroom. I checked with the Plumbing Inspector,Dennis Ross and the chemical toilet is not allowed. Therefore you must correct the plumbing, supplying the building and correct this violation within 30 days of this notice. If you have any questions regarding these violations,please contact me directly. r11fW,WA tft4� Thomas St.Pierre Building Commissioner } Chase: Lai Ch e GG COMMONWEALTH OF MASSACHUSETTS COUNTY: On this&!day of 2006,before me,the undersigned notary public, personally appeared Laine K Chase and proved to me,through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. -.-- Notary Public:4v& 42 My Commission Expires: i6 c7 t (AFFIX SEAL) 4 4z ^, r a Chase: Angel Chase-Rand COMMONWEALTH OF MASSACHUSETTS COUNTY: On this eday of /u 2006,before me,the undersigned notary public, personally appeared Angel Chase-Rendall and proved to me,through satisfactory evidence of identification which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public: bam, _ My Commission xpires: 61RI63 (AFFIX SEAL) - 5 Exhibit B ENGI N EERS • SCIENTISTS • PLANNERS One Grant Street PO Box 9005 Framingham, MA0170I.9005 R I Z Z O (508) 903.2000 A S S O C I A T E S (5081 903.2001 fax ATETRA TECH COMPANY —' '-nao.com September 16, 2005 Mark Paulino 4036 A tesa Drive Boynton Beach, FL 33436 Re: Plas-Crete Wall Segmental Wall Design Salem, Massachusetts Dear Mr. Paulino: Base upon our meeting at the site and the determination that the site will be used to store wood and/or wood pallets and will have traffic loading, we have reviewed our design of the Plas-Crete Conigliaro Industries segmental wall. We have confirmed that the current wall design already considers live loading. We also concluded the current design of the wall to be adequate for the storage of wood and/or wood pallets adjacent to the wall as a permanent condition. The design of the wall does not consider the wall to be a push wall, meaning pushing materials against it with machinery. Please find the attached revised sketch of the design drawing, depicting wood storage. If the owner of the wall places a chain link fence in front of the wall to store materials against,the fence shall be placed at least three feet from the back face of the wall. Please feel free to contact me with any questions, or if you need additional information,508-903- 2433 or email swoods @rizzo.com. Very truly;.yours, S G bods,P.E. roject Manager I P1MH1lp9944%127N IMM STONE-WORK -SAL E=R-MARRPAULINO 9IW5 STONEWORU-SALEM.DO DE Dp CE RO M1'D' EIWSM..II v� O 00 PS 6,E wAW cxxE55D \F95PNC�EDfE,<1£uxEU S`C. SWOLC.Iu I. — aEP BLIXN Ep O4 tODY PO[N uaD DEBRIS ONEORC _ scuE: IV flevtlbn 7. WOO NDE F W0003 .uuz $ BTN ar om[rs $O qPO I EO 4' ml�hlmlpaw �. 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[.ww ro SEGMENTAL WALL EI AT10N5 OP➢ON 2- DESIGN 5EC110N - MAX, HEIGHT 6'-0' - m.m,_ 1 Stone Works Salem , Massachusetts - - -- - - Conigliaro Plas-Crete Block Segmental Wall Structural Calculations Prepared by: Rizzo Associates One Grant Street Framingham, MA 01701 May 26, 2005 CrrY OF SALEM BUILDING DEPARTMENT CfrY HALL ANNEX FAX COVER SHEET DATE: 0 PO FROM: JBL �.QRB�J TO: zm✓/o IIAelis 97?) _5- A TTN: ATTN: SUBJECT: OS�40�� , A7;Plek C1&14A1ac- L 7-S'fl� r- ;Z�va Ewe o� f' 4/1 m,s1o„✓ COMMENTS: OkOtA DF�'DnfAtNo�/s 4-S --- I, r10 h 2ttigk kAC9aAc44m4o'u7— DjU )OUB( ic, 6)A-r S o2 p2l V4-ri Pil"pl kry 2 C-MP0A-tle(- 0(7-14 511.11 o2ariuANCC- 3 f pOPE2 rFI SPECrro,u d- 10,alVLr rr'r•uC, Fol "L COW SrR J emr,l cJ C2t-_ THANK YOU, � , I +,lS TA�c-A�,sN o F aNlAaas �i�iN ,�a� (j,4re3r�J WE ARE TRANSMITTING THIS COVER SHEET AND Z PAGES. IF YOU HAVE' ANY PROBLEMS OR QUESTIONS PLEASE CONTACT US AT THE ABOVE TELEPHONE NUMBER. DOCKET NO. ATTOR VNAME j CRIMINAL DOCKET 0736CR000290 COURT DIVISION ❑INTERPRETER REQUIRED - DATE and JUDGE DOCKET ENTRY Salem Attorney appointed(SJC R.3:10) Airy denied and Deft Advised per 211 D§2A NAME.ADDRESS AND ZIP CODE OF DEFENDANT Waiver of counsel found after colloquy OSGOOD, PATRICK M T is raRtmease ser. 44 FOX RUN ROAD PR ❑Bail: TOPSFIELD, MA01983 Held(276§58A) See back for special conditions �7� •.�( Arrai ned and advised: Potential of bail revocation(276§58) DEFT.DOB AND SFX Right to bail review(276§58) 05/28/1973 M Right to drug exam(111 E§10) DATE OF OFFENSE(S) PLACE OF OFFENSES) Advised of hl to jury trial'. 09113/2006 SALEM D snot waive COMPLAINANT POLICE DEPARTMENT(d applicable aivef of jury trial found after colloquy ST PIERRE, THOMAS SALEM M CtJ . DATE OF COMPLAINT RETURN DATE AND TIME J!)kl, ?, Advised of trial fi Ms as ro sC Su R.4 01/25/2007 03/07/2007 09:00:00 r,i!. ;;,i„ '.�: Advised of right of appeal to Appeals CI(R 28) COUNT/OFFENSE FINE SUR 11 COSTS RESTITUTION VNJ ASSESSMENT Elf= 1. 40121/13 MUNICIPAL BY-LAW OR ORDINANCE VIOLATION c DISPo ITI N DAT and JUDGE SEN NCE OR OTHER DISPOSITION ZZ , Q G` Sufficient facts found but continued without guilty finding until: MOS — I TZ I0� ❑TI NME HOD FINDING OProbation 11 Pretrial Probation(276§87)-until le / ISP I Guilty Plea or Admission ❑Not Guilty ❑❑ ❑ C]To be dismissed upon payment of court costs/restitution to Sufficient F is Dismissed upon: Request of Comm. Request of Victim er/NLI.-�1LYlS /� p e after colloquy ❑Guilty ❑Request of Deft ❑ Failure to prosecute ❑Other: Q (I ,tie c/T re¢/cC.J., and 278§290 warning ❑Not Responsible co, , 4. ei24 .,,h' ❑ Bench Trial ❑Responsible Filed with Deft's consent ❑ Nolle Prosequi ❑Decriminalized(277§70C) b ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION JUDGE DATE 8 None of the Above Plobable Cause Dismissed on recommendation of Probation Dept. ❑ ❑ Probation terminated:defendant discharged FINE SURFINE COSTS RESTITUTION VMASSESSMENT COUNTIOFFENSE ❑WAIVED 2. 40/2118 MUNICIPAL BY-LAW ORO RDINAN E VIOLATION c DISPOSI ION ATE tl JUDGE SENT CE OR OTHER DISPOSITION G RnJ urficient facts found but continued without guilty finding until: J El Probation ❑Pretrial Probation(276§87)-until: C.e 1 DISPOSITION ETHOD FINDING ❑To be dismissed upon payment of court costs/restitution silty Plea or9dmkc eR ❑NotGuilty Guilty to Sufficient ❑Dismissed upon: ❑Request of Comm. ❑Request of Victim ccep a alter colloquy ❑Guilty and 278§29D warning ❑Not Responsible ❑Request of Deft Failure to prosecute ❑Other: Responsible ❑Filed with Deft's consent ❑ Nolle Prosequi E]Decriminalized(277§70C) ❑ Bench Trial ❑ P° JUDGE DATE ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION B Dismissed on recommendation of Probation Dept. ❑ None of the Above ❑Probable Cause Probation terminated:defendant discharged COUNT/OFFENSE FINE SURFINE COSTS RESTITUTION V/W ASSESSMENT ❑WAIVED DISPOSITION DATE and JUDGE SENTENCE OR OTHER DISPOSITION ❑Sufficient facts found but continued without guilty finding until: DISPOSITION METHOD FINDING ❑ Probation ❑Pretrial Probation(276§87)-unlit. E] Guilty Plea or Admission []Not Guilty F1To be dismissed upon payment of court costslrestitulion to Sufficient Facts ❑Guilty ❑Dismissed upon: []Request of Comm. ❑Request of Victim accepted after colloquy ❑Request of Deft ❑ Failure to prosecute ❑Other: and 278§29D warning ❑Not Responsible ❑Filed with Deb's consent E] Nolle Prosequi ❑Decriminalized(277§70C) E] Bench Trial C]Responsible JUDGE DATE ❑ Jury Trial ❑No Probable Cause FINAL DISPOSITION 8 Dismissed on recommendation of Probation Dept. lco ❑ None of the Ave ❑Probable Cause Probation terminated:defendant discharged COUNT/OFFENSE FINE SURFINE COSTS RESTITUTION VhV ASSESSMENT []WAIVED DISPOSITION DATE and JUDGE SENTENCE OR OTHER DISPOSITION ❑Sufficient facts found but continued without guilty Finding until CC]Guilty ea orMETHAd FINDING Not ❑ Probation ❑Pretrial Probation(276§87)-until: ❑Guilty Plea or Admission Not Guilty ❑To be dismissed upon payment of court costs/restitution to Sufficient FactsE]Dismissetl upon: E]Request of Comm. C]Request of Victim accepted after colloquy ❑Guilty and 278§29D warning ❑Not Responsible E]Request of Deft ❑-Failure to prosecute E]Other ❑ ❑Filed with Deft's consent ❑ Nolle Prosequi E] Decriminalized(277§70C) C] Bench Thal Responsible ❑ JUDGE DATE Jury Trial ❑No Probable Cause FINAL DISPOSITION 8 Dismissed on recommendation of Probation Dept. ❑ None of the Above ❑Probable Cause Probation terminated:defendant discharged ., .a.i _ - ATTACHED L r ❑ O OU TAOORESS C R - Salem District Court LIN DnrE) 65 Washington Street ° l A TRUE CLERK-MAGISTRATE/ASST.CLERK ( Salem, MA 01970 COPY X __._ n TENDER OF PLEA OR ADMISSION DOCKETNO. :District rial Court of Massachusetts & WAIVER OF RIGHTS J C/' �u J Court Department NAME OF DEFENDA COURT DIVISION Salem District Court f ��( 65 Washington Street ��✓( Salem. MA. 01970 Defendant tenders the.following: ❑ PLEA OF GUILTY Z-A MISSION TO FACTS SUFFICIENT FOR A FINDING OF GUILTY DEFENDANTS PROSECUTOR'S JUDGE'S DISPOSITION RECOMMENDATION(s) RECOMMENDATION(s) WHEN DEFENDANT'S COUNT RECOMMENDATION IS REJECTED NO. (Include all/ees,costs and conditions o/p�ooation) (Rech oedwhen's osecurordiatonss wiM De/endanrs recomrnendafbns) CwOr - 'l 1 O �t q/y n 1Jli nJl7 r/f, t�o�'Jri UN Vu_rbh4J eS hU CN(YW(NIYl HfJ o�yv V:✓bY�J .(')" cam' C? i DIST.1 MUN.CTS.R.GRIM.P.4(c)REQUIRES COUNSEL TO CONSULT WITH THE PROBATION DEPARTMENT REGARDING PROBATIONARY TERMS. SIGNATURE DEFENSE COUNSyEL�OR PRO E DEFENDANT DATE SIGNATURE OF ECUTOR D TE X —71)U1 U7 X RT C I DEF DANTS T ER ❑ ECTS DEFENDANT'S TENDER DATE qDEFENDANTS EN COUR REJECTS DEFENDA.TS RECOMMENDATION WITHDRAWS the tendered plea or admission. ❑ Defendant ACCEPTS judge's disposition set forth above. SIGNATURE OF DEFENSE COUNSEL GATE SIGNATURE OF DEFENDANT DATE X X DC-CR 22(WM APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAUh Trial Court of Massachusetts (sz CRIMINAL COMPLAINT of District Court Department I, the undersigned complainant, request that a criminal complaint issue against the accused charging the Salem District Court offenses) listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: 65 Washington Street S1 ONLY MISDEMEANOR(S), I request a hearing L7 WITHOUT NOTICE because of an imminent threat of Salem. MA. 01970 l O BODILY INJURY [I COMMISSION OF A CRIME L] FLIGHT I] WITH NOTICE to accused. ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED C WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS Al HAS NOT been arrested INFORMATION ABOUT NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECUHITV NUMBER PCF NO. MARITAL STATUS DRIVERS LICENSE NO. STATE 1 L l '( ' GENDER HEIGHT WEIGHT EVES �e HAIR RACE 'COMPLEXION SCARS/MARKSfrATTOOS BIRTH STATE OR COUNTRY f DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) CASE INFORMATION COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD ❑ POLICE ❑ CITIZEN C) OTHER ADDRESS PLACE OF OFFENSE INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENS5CODE DESCRIPTION \ OFFENSE DATE VARIABLES(e.g. victim name,controlled substance,type and value of property other variable information;see Complaint Language Manualf / r OFF ENSE DATE OFFENSE CODE DESCRIPTION 2VARIABLES f/ 1. ;/ - % j % Y'l�V.i t' -_.. OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS - COMP IN NT SIGNAT RE f DATE/FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l DATE OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON J , AT .Q Q ((" t—-- DCCa-2108?op rOMP1 AINANIT'A COPY.r CRIMINAL COMPLAINT 0536CR000737 Trial Court of Massachusetts 'A DEFENDANT Salem District Court CHASE, LAINE °K 250-260 HIGHLAND AVENUE TO ANY JUSTICE OR CLERK-MAGISTRATE SALEM, MA 01970 OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR The undersigned complainant, on behalf of the 05/26/1965 M W 6100" 189 BRO BRO Commonwealth, on oath complains that on the date and at INCIDENT REPORT# SOCIAL SECURITY N the location stated herein the defendant did commit the 022-58-0162 offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 07/14/2004 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS SALEM All GV. DATE OF COMPLAINT RETURN DATE AND TIME n{� 'ry. 03/07/2005 03/29/2005 9:00 AM SUi1'11D1i0'LJ COUNT-OFFENSE 1, 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 07/1412004 did FAIL TO COMPLY WITH CEASE AND DESIST ORDER AS DIRECTED IN LETTER DATED 7/14/2004,in violation of 780 CMR 1825-1825.5 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE - COUNT-OFFENSE i COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X APPLICATION ❑ ADULT NUMBER Trial Court of Massacnusetts � FORCOMPLAINT ❑ JUVENILE _District Court Department ❑ ARREST . HEARING LJ SUMMONS I. 1 WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem DbtirkA Court named defendant, charging said defendant with the offense(s) listed below. 66 V1"tgrgwn Strtiie DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 11101870 7/5/95 5/45 250 Highland Avenue NAME OF COMPLAINANT NO, OFFENSE G.L. Ch. and Sec City of Salem Building Department ADDRESS AND ZIP CODE OF COMPLAINANT City Of Salem Zoning One Salem Green I OrdYnance Section 5-1 Salem, Mass. 01970 City of Salem Zoning 2, Ordinance Section 7-1 C-1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Laine Chase Massachusetts State 250 Highland Avenue 3, Buill®ing Code Section 124.0 Salem, Mass. 11990 Section 124.2 A 108.5.1 4 COURT USE I A hearing upon this complaint application DATE OF HEA RING TIMEOFHEARING COURT USE ONLY—� will be held at the above court address on -�4 <;- AT Y'_ *--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under - SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 � OTHER REMARKS: Flilure to comply with City of Salem Zoning Ordinances. Failure to comply with Massachusetts State Building Codes. X SIGNATURE OF COMPLAINANT/ DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EVES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME( DEN) FATHER'S NAME i s Z D CnZ Cn A O v ENGIN EE R S SCI EN TISTS ANNE ERS One Grant Street PO Boz gOOS Framingham, MA01701y005 R I Z Z O (508)903.2000 ASSOCIATES (509)903.2001 fax w .nzZO.com A TETRA TECH COMPANY -- September 16, 2005 Mark Paulino 4036 A tesa Drive Boynton Beach, FL 33436 Re: Plas-Crete Wall . Segmental Wall Design Salem, Massachusetts Dear Mr. Paulin: Base upon our meeting at the site and the determination that the site will be used to store wood and/or wood pallets and will have traffic loading, we have reviewed our design of the Plas-Crete Conigliaro Industries segmental wall. We have confirmed that the current wall design already considers live loading. We also concluded the current design of the wall to be adequate for the storage of wood and/or wood pallets adjacent to the wall as a permanent condition. The design of the wall does not consider the wall to be a push wall, meaning pushing materials against it with machinery. Please find the attached revised sketch of the design drawing, depicting wood storage. If the owner of the'wall places a chain link fence in front of the wall to store materials against, the fence shall be placed at least three feet from the back face of the wall. Please feel free to contact me with any questions, or if you need additional information,508-903- 2433 or email swoods@rizzo.com. Very truly;yours, sa G oods, P.E. /Project Manager P9'IX R.14%!]I(XWI.Nr-MNE wORIS-SALEM4.ETTER MARRPAULINO Nl W)5-STONEWORK SALEM-DOC ]R-o' - 16 d__ CPP'fl u1 6 bi LO PPV..n ['� o . . a .Pm m me Mou,c _mm nµoc. .APs mwo ... ]s{P aarx a.{ms PocP.Po ocPw,s . VVIL pyx OF _ wom RIZZO ' amsl5lrniol�w FJJ/ Lit• V 5 5$OCIATE5 oTFs ` P]mua[�Pwu ./a 0, - 1TONt WOIY[t TOO 1LLW.W FFF p[ -moi�-�• [vam/ Pniev[u ns w w a-. is;Y T-, rs w .'m r.m.[e..[m'[ wPw TO_ GMNTALW e-T� na�xcon sio..w r.o[ow u[mP SEGMENTAL WALL EI ENATION$ OPDON 2— DESIGNSECPO MAX. HFIDHi Stone Works Salem, Massachusetts Conigliaro Plas-Crete Block Segmental Wall Structural Calculations Prepared by: Rizzo Associates One Grant Street Framingham, MA 01701 May 26, 2005 ]LAWSON & W]EI TZIE , ILI�P ATTORNEYS AT LAW 88 BLACK FALCON AVENUE, SUITE 345 BOSTON BOSTON, MASSACHUSETTS 02210-2414 TELEPHONE(617)439-4990 TELECOPIER (617)439-3987 EVAN T.LAWSON PATRICIA L.FARNSWORTH EMAIL:POST@LAWSON-WEITZEN.COM RICHARD B.WEITZENK.SCOTT GRIGGS W W W.LAWSON-WEITZEN.COM_ PAMELA B.BANKERT MICHAESTEVEN J.M.B CDEVITT KLEY FRANK L BRIDGES STEVEN M.BUCKLEY CAPE Q'®D IRA H.ZALEZNIK SONIA K.GUTERMAN,PH,D. LAWSON,WEITZEN & BANKERT, LLP JOHN J.WELTMAN"' J.MARK DICKISON" SIX GRANITE STATE COURT VALERIE L.PAWSON CLAREB.BURHOE BREWSTER,MASSACHUSETTS 02631 GEORGE F.HAILER+ ROBERT J.ROUGHSEDGE++* TELEPHONE 1506)255-3600 GEORGE E.CHRISTODOULO,PC CAROLINE A.O'CONNELL' KENNETH Q.GOULD MARISSA A.GOLDBERG JOSEPH FRIEDMAN MICHAEL WILLIAMS - MfAR]LBOR®4TGH JOHN A.TENNARO DEAN J.HUTCHISON LAWSON,WEITZEN & HAILER, LLP WILLIAM F. COYNE,JR. SCOTT T.BUCKLEY February 1, 2006 171 LOCKE DRIVE,SUITE 101 DAVID A.RICH' CHRISTOPHER S.FARNSWORTH MARLBOROUGH,MASSACHUSETTS 01752 DENNIS J.MANESIS++ KRISTINA A.ENGBERG TELEPHONE(508)618-1025 NATAL C. qff i`y.�E.e1 oun11an, Esquire KIMBERLY BAKEBERG ��#6 Lynde Street Salem, MA 01970 Stephen Lovely, Esquire By E-mail @ stephen.lovely@verizon.net RE: Laine K. Chase AND: Easement Agreement AND: 250-260 Highland Avenue, Salem, Massachusetts Dear Mr. Hourihan and Mr. Lovely: The Easement Agreement has now been signed both by Laine and his sister, Angel. Mr. Paulino of Four-D Best Limited Partnership is prepared to proceed with the recording of the Easement Agreement and the construction of the wall as provided in the Easement Agreement. As you know, Mr. Paulino can not secure the required Building Permit for the wall until and unless the Real Estate Taxes and Personal Property Taxes pertaining to 250-260 Highland Avenue, Salem have been brought current and paid-in-full. When Mr. Chase was last in Salem District Court I was informed by him that he would pay those taxes immediately. This has not occurred. Mark Paulino would appreciate Mr. Chase paying those taxes at this time so that he can obtain the Building Permit and then proceed with the construction of the wall. Thanks for your anticipated cooperation. -ALSO ADMITTED IN NY "ALSO ADMITTED IN NH '..ALSO ADMITTED IN CA *ALSO ADMITTED IN DC +*ALSO ADMITTED IN NJ&PA +++ALSO ADMITTED IN RLCT,NH B ME TAILED ADMITTED IN NH &NY 1,AW SO & EATZEN, ILILP Neil Hourihan, Esquire Stephen Lovely, Esquire February 1, 2006 Page Two Very truly yours, Ric WeitzerY RBW/re CC. Mark Paulino, Four-D-Best Limited Partnership, 30 ]3•_C• MI Ci 0 B-N PX91 G.WE At BAIX f WNl •a� p O >\ O p PW WEIE lAU P9 ITPRW \iP01 WY Wf 00EBWS SA=1]'C,CIWl R«a o.w a.ro 9EOH WNl RGNF(IRa EAR1 WAIL EIFVATON . Pavbb�z Iluwerz iwrs-a¢a Im aRRol Prol Ye \� lmuert umam•a�¢elm9(ml NIZZO Asso mATEs Y /e \ // b �\ // �nu n¢eworc wwv rs � •ms ti W_r ¢om wmm m e._e. �`\ la>vow w t .n Nw IasN am s¢mNa.. ••(�I SNE ___ rnmm "w ^A ...w _ _ _ _ STONE WORKS tiurt.� / _ / swPver zu - SALEM,MG 6 •` J ra b_ x e J ra mwam w�rmn�m•�uro bi L¢nwNvx _ • > _ wv mmEII PETE 1 •q mwmm aqa a nc¢aw n<nw. 4�m SEGMENTALWALL 4 TEMPORARY DESIGN SECT 0.4 jpp1 ELEVATIONS M9% HEIGHT 0'-0' DESIGN SFCTIGN - o T '- SCHE: I z-I-a SCAIG: t P-I- I GIi IVIG z Kr I �*� I _. I I I I } I ' I ' I I � IL. - _� I I I I I I jI I I 1 _ ' I , i I I � I I� t - I I I I I i i I I I It owl 00 ,. r. I � JOB !I O TETRA TECH, INC, SHEET NO. OE I I CALCULATED BY DATE One Grant Street CHECKED BY DATE Framingham, MA 01701.9005 ! (508) 903-2000 SCALE i I _ I 11 T III I 1 I )_.. i I - I r j J - I - - - � I 1 - .-- ..._ '_ . ..... --' r t .. ?' + t y i _ �.... Iii f I i I I _ , I ..... JOB TETRA TECH, INC. I SHEET NO. OF CALCULATED BY DATE One Grant Street CHECKED BY DATE Framingham, MA 01701.9005 SCALE (Sog) 905¢000 RIZZO Project: Stone Works Calc'd by: S. Woods Salem, MA Checked by: ASSOCIATES Date: 5126 005 Reinforced Soil Segmental Retaining Wall - Temporary Condition Definitions: Soil Parameters Retaining Wall Characteristics = Internal.Angle of Friction of Retained Soil H= Height of Retaining Wall y= Unit Weight of Retained Soil Ww= Weight of Retaining Wall Column Ka = Coefficient of Active Earth Pressure q= Uniform Loading at Top of Wall c= Cohesion p= Slope at Top of Retaining Wall Sint= Coefficient of Friction =2/3'(¢) ib= Inclination of Base of Wall Sext= Coefficient of Friction= m= Batter of Retaining Wall W= Total Inclination of Wall Segmental Unit Features Hu= Height of Unit yu= Unit Weight of Block Wu =Width of Unit Soil Data: Wall Data: Reinforced Retained Foundation H:= IM ib:= O deg 0 := 326g fir:- 3Odeg @f 35deg Ib•. q:- 0lb B. 16 Ib 16 ft?' = Ode Y:= 125 yr:= 130= yf.= 135 - ft3 ft, ft3 18.4deg W := ib+w. 2 Sint:- —+ Sext= �.r cE: 0 Ib lb qd: O lb 3 ' ftp.: Geosynthetic Grid Data: Block Unit Data: Cds:= 1.0 Coefficient of Direct Sliding Hu:= 2ft. Ci:- 0.9i Coefficient of Interaction Wu:= 41t. Wd:= 2ft Ultimate Strength of Geogrid Types: yu:- 115.5 Ib ft3;. lb- Tult:= 6115 : Using: Raugrid 1013-20 ft. RIZZO Project: Stone Works Calad by: S.Woods Salem, MA Checked by: ASSOCIATES Date: 5/26/2005 q I I PG Xr H He Prs W { (H+I)/2 He/3 1 HemC ! .__.---`--— -- 1 2e -j L:= 0.6•H L=6 ft First Approximation of geogrid length LI := L— Wu•cos(ib) Ll =2 ft - L2:= Ll•tan(p)•tan(W) L2=0ft I tan(p) tan(W) Lp:= Ll + L2 Lp=2 It Width of reinforced zone at backslope h:= Lp-tan(p) h =0.665 ft Additional height of wedge due to backslope Calculate Lateral Earth Pressures -from Coulomb's Kaext:= cos(or+ W).cos(�r+ W) 2 cos(W)•cos(W).cos(W —Sext). l + sin fir+ 5ext -sin or— p 11 LL cos(W —bext)-cos W + Kaext=0.406 Coefficient of active earth pressure . Value of active earth pressure due to soil Resultant due to uniform surcharge Ps:= 0.5.(Kaext)•yr•(H+ h)z Cobext— W) Pq := q•(H+ h).Kaext-cos(5ext— W) - Ps=2600.25 lb ft Pq = 0 ft Ys._ H+ h — Wu.sin(ib) Ys=3.56ft Yq:= H+ h Wu-sin(ib) 1, 3 2 q=5.33 ft RIZZO Project: Stone Works caidd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 52612005 Pa:= Ps+ Pq Pa=2600.25 Ib Total active earth pressure ft Analyze Base Sliding: Wri:= L-y H Wri=7500�b Weight of reinforced zone ft Wrp.— Ll•y.Lp•sin(a) lb 2-cos(p) Wrp=83.164— Weight of soil in backslope R Sliding Resistance Rs := Cds•(gd•Lp+ Wri+ Wrp)-tan(�f) Rs 5309.79 Iblb Sliding Factor of Safety Rs FSsI:_ — FSsI= 2.042 _ Pa check]':= if(FSsl < 1.5,"NG","OV ) Analyze Overturning: Calculate moment arms,X XriL+ H•tan(q/) :_ 2 Xri=3ft Ll + h•tan(w) + LLcos(p�1 Xrp:= H tan(W) —Hu-tan((u)+ cosw �` cos(p) J J�3 3+ Wu•cos(ib) + Ll �s3(p))Z Xrp= 5.333 R Mr:= Wri.Xri+ Wrp.Xrp Mr=22943.54 lb Resisting Moment Mo:= Ps.Ys+ Pq.Yq Mo=9244.15 Ib Overturning Moment Overturning Factor of Safety Mr FSot:= —Mo FSot=2.482 check2:= if(FSot <2.0,"NG","OK") check2 = "OK" RIZZO Project: Stone Works Caled by: S.Woods Salem, MA Checked by: ASSOCIATES Date: 5/26/2005 Analyze Bearing Capacity: Xq:= L +[(H+ h)•tan(iy)] -\Zp/ Xq =5 ft Moment arm of surcharge \ r i Ps-Ys+ Pq•Yq- Wri. Xri- I - Wrp. Xro -L) -gd.Lp•I Xq-z l ecc:= ) J \\ JJ Wri+ Wrp + (gd.Lp) ecc= 1.193 ft Eccentricity B:= L -2 ecc B = 3.613 ft Equivalent Base- - Wri + Wrp+(q+ gd).Lp Ib Qa:= B Qa=2098.793 Bearing Pressure fz r r 1z1 Nq en "t�� l tang 45deg+ Zf I Nq=33.296 Ny:= 2(Nq+ 1)•tan(�f) 1 / Ny= 48.029 Nc:= (Nq - 1)-cot(�f) Ne= 46.124 OH:= 0.I-H 4H= 1ft - - Qult:= cf•Nc+ 0.5-yf•B.Ny+yf•AHNq Qult= 16208.4571b BearingCapacity fl FSbc:= Qult Qa FSbc = 7.723 Factor of Safety, Bearing Capacity RIZZO Project: Stone Works Caled by: S.Woods ASSOCIATES Salem, MA Checked by: Date: 5/26/2005 Internal Stability: Calculate lateral earth pressures: Kaint:_ cos(� + tp)-cos(� + W) sin � + Sint •sin 0 — P)cos(W) cos(yi)•cos(y —Sintj• 1 + �y cos(ty —bint)�cos( + p) z Kaint=0.361 Active Earth Pressure Value of active earth pressure due to soil _ Resultant due to uniform surcharge Psin 0.5•(Kaint)•(y)•(H1)-cos(8int— W) Pgin:= H-Kaint•cos(5int— y ).(q +qd) Psin=2103.093 Ib Pgin=0 lb ft ft Calculate the Long Term Design Strength (LTDS)of geogrid: FSod-Durability reduction factor(dependant upon chemicals damage)(1.1 to 2.0) FScr-Creep reduction factor is the ratio of the ultimate strength Tult to the creep limit strenght(1.5 to 2.0) FSbd-Durability reductio factor(dependant upon biological damage) (1.1 to 2.0) FSid-Installation damage factor,typical range 1.05 to 3.0 Bed 1.10 FScr:= 1.52 FSbd= 1.1 FSid:= 1.10 Reduction Factors FSun:_ 1.5 Factor of Safety for overall uncertainity Tult=6715 lb Ultimate strengths of geogrid types R i LTDS:= Tult LTDS=2434.029 Ib FScr•FSid•FScd-FSun ft Calculations below are specific to individual wall calculations Input elevations of geogrid layers for the retaining wall i Maximum Number of geogrids: N:= H — I N=41 i Hu El := 211 First Approximation for the vertical spacing of the geogrid layers E2:= 4ft RIZZO Project: Stone Works calc'd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: s1261200e Calculate the Contributary Area,Ac,for each geogrid AcT := El + (E2-El) Aci =3 ft 2 Ace H— Acs Ace =7 ft Analyze For Tensile Overstress: Fg, := 10.5.y•(Ac1)2-Kaint� +[(q+ qd)-Kaint-Acil Fg, =203.201 1b check3 := if(Fgt <LTDS,"OK" "NG") check3= "OK" ft F92:=f 0.5-y•(H)Z-Kaint� + [(q+ gd)•Kaint.(H)] — F91 Fg2=2054.586 1b check4:= if(F92 < LTDS,"OK",'NG") check4= "OK" ft For Anchorage -Minimum Factor of Safety is 1.5: Calculate La AC1:= Fgt•1.5 ACI =304.801 lb ft AC2:= F92.1.5 AC2=3081.879 lb ft depth of grid Calculate La: dnl := 6ft Lal := ACI Lal =0.361 ft TC, dnl ydan(�) dn2 := 8ft Lal:= AC2 La2=2.74 ft 2•Ci dn2-y-tan(O RIZZO Project: Stone Works Calc'd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Calculate Geo-Grid Lengths: Determine angle of failure surface rrtan(o - Q)+ tan 0 - (i • tan $ -7R t �+ co + W • l +tan Sint-W •cot i + W 1 acoul := atanL 1 + tan(bint yr)-tan( - ��+ cot(Q + yr) J + �. acoul =,44.736 deg Calculate Grid Lengths: depth below grid Length Calculation yl Oft Llmin:= Lal + Wd+ [yl•(tan(90deg -acoul)fl L/min=6.398ft y2 2ft L2min:= La2 + Wd+y2•(tan(90deg-acoul)) L2min=6.759 It i Min. tenth of grid, 6.0 ft !I i i i it RIZZO Project: Stone Works Caled by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5/26/2005 Reinforced Soil Segmental Retaining Wall - with LL Surcharge Definitions: Soil Parameters Retaining Wall Characteristics = Internal Angle of Friction of Retained Soil H = Height of Retaining Wall y= Unit Weight of Retained Soil Ww= Weight of Retaining Wall Column Ka = Coefficient of Active Earth Pressure q= Uniform Loading at Top of Wall c= Cohesion p= Slope at Top of Retaining Wall Sint= Coefficient of Friction =2/3•(x) ib= Inclination of Base of Wall &ext= Coefficient of Friction= o= Batter of Retaining Wall W=Total Inclination of Wall Segmental Unit Features Hu = Height of Unit yu= Unit Weight of Block Wu =Width of Unit Soil Data: Wall Data: Reinforced Retained Foundation H:= 6ft= ib:= Odeg{ := 32deg tri- 30deg 01`:= 35deg' y: 250 Ib Ib': Ib Ib` ft2 m Odeg. y 125 83 yr:= 130 ft3 yf:= 135 ft; p := Odeg W ib+ ru' Sint t-0 i Sext:_ t cf:= 0 ft1._. qct:- 0 lb-- 3 - Geosynthe tic Grid Data: Block Unit Data: ' ' Coefficient of Direct Sliding Hu: Ci:=�O.9 Coefficient of Interaction Wu:= Ott Wd:= 211 - Ultimate Strength of Geogrid Types: Yu:- 115.5 Ib ft3; Tult:= 6715 b Using: Raugrid 1013-20 ft i RIZZO Project: Stone Works Calc'd by: S.woods ASSOCIATES Salem, MA Checked by: 005 Date: 5262 q n Pq H He Prs H+� IW, � I h)/2 He/3 _6 qa L:= 0.6•H L =3.6ft First Approximation of geogrid length L1 := L- Wu.cos(ib) Ll =-0.4ft L2;= �Ll•tan(p).tan(W) L2=0ft 1 tan Lo Lp:= Ll + L2 Lp =-0.4ft Width of reinforced zone at backslope h:= Lp tan(p) h=0 ft Additional height of wedge due to backslope ;calculate Lateral Earth Pressures-from Coulomb's Kaext:=; i cos(�r+ W).cos(or+ W) cos(W)•cos(W)•cos(W -8ext). l + sin or+5ext •sin � - p 121 LLL cos(W -8ext)•cos(W + p� J J Kaext=0.297 Coefficient of active earth pressure Value of active;earth pressure due to soil Resultant due to uniform surcharge Ps:= 0.5-(Kaezt)•yr•(H+ h)2.cos(5ext- W) Pq:= q.(H+ h)•Kaexbcos(bext- 0 Ib Ib Ps=602.22 8 Pq =386.04 ft Ys:= H3 hh ,Wu-sin(ib) Ys=2 ft Yq:= Hz hh - Wu.sin(ib) Yq_3 ft RIZZO Project: Stone Works Calad by: S.Woods SalemMA Checked by: , ASSOCIATES Dale: 5/26/2006 Pa:= Ps + Pq Pa=988.26 Lb Total active earth pressure ft Analyze Base Sliding: Wri:= L-y-H Wri=2700 Lb Weight of reinforced zone ft Wrp:= Ll•y•Lp-sin(p) Ib 2-co4p) Wrp=0 ft Weight of soil in backslope Sliding Resistance Rs:= Cds.(gd.Lp+ Wri + Wrp)-tan #) Rs= 189056 lb Sliding Factor of Safety FSsl:= Rs FSsl= 1.913 Pa checkl := if(FSsl < 1.5,'NG","OK") Analyze Overturning: Calculate moment arms, X Xri:_ L + H•tan(w) 1 2 Xri= 1.8ft Ll + h-tan(y) + Ll•cos(0J ll ) Xrp: H•tan(W) —Hutan((o) + cos(p)•[( cos(p) Ll•�sin�p))t 3 + Wu•cos(ib) + 3 Xrp= 3.733 ft Mr:= Wri•Xri+ Wrp-Xrp Mr=4860 lb Resisting Moment Mo:= Ps IYs+ Pq•Yq Mo=2362.56 Ib Overturning Moment Overturning Factor of Safety Mr FSot:= — Mo FSot =2.057 check2:= if(FSot <2.0,"NG","0K") checkl ="OK" RIZZO Project: Stone Works Caled by: S.Woods Salem, MA Checked by: ASSOCIATES Date: 5/26/2005 Analyze Bearing Capacity: i L Xq:= L+[(H+ h) tan(y )] - 2 Xq =3.8 ft Moment arm of surcharge Ps-Ys+ Pq.Yq-Wri. Xri- 2 J - Wrp. Xrp-2 I -gd-Lp- Xq- 2) ecc:= l / \ l Wri+ Wrp+ (qd Lp) ecc= 0.875 ft Eccentricity B:=L-2-eco B = 1.85 ft - Equivalent Base - -- - -- --- - - -- -- - - -- Wri + Wrp+ (q + gd).Lp Ib Qa:= B Qa= 1405.438 Bearing Pressure ft2 r r z Nq:= en tWoo-I tan( 45deg+ Of Nq= 33.296 Ny:= 2(Nq+ I)).tan(of) Ny=48.029 Nc:= (Nq - 1)-cot(o) Nc=46.124 4H:= 0.I-H AH=0.6ft Qult:= cf-Nc+ 0.5.yf-B-Ny+ yf.4H•Nq Qu1t= 8694.435 Ib Bearing Capacity ft FSbc:= Qult Qa FSbc=6.186 Factor of Safety, Bearing Capacity RIZZO Project: Stone Works Calc'd by: S.Woods ASSOCIATES Salem, MA Checked by: Date: 5/262005 Internal Stability: Calculate lateral earth pressures: Kaint:_ cos(� + ty)-cos(� + Y) cos(Nf).cos(y).cos(y -Sint). I + sin o +Sint •sin o - cos(gr -Sim)-cos(ty + Q� i Kaint=0.275 Active Earth Pressure Value of active earth pressure due to soil Resultant due to uniform surcharge Psin:= 0.5•(Kaint)•(y)-(1f)-cos(5int- iy) Pgin H•Kaiht•cos(bint- yt).(q + qd) Psin =576.4 lb Pqin=384.267 Ib ft ft Calculate the Long Term Design Strength (LTDS) of geogrid: FScd-Durability reduction factor(dependant upon chemicals damage)(1.1 to 2.0) FScr-Creep reduction factor is the ratio of the ultimate strength Tult to the creep limit strenght(1.5 to 2.0) FSbd-Durability reductio factor(dependant upon biological damage)(1.1 to 2.0) FSid-Installation damage factor,typical range 1.05 to 3.0 FScd:= 1.10 FScr:= 1.52 FSbd:= 1.1 FSid:= 1.10 Reduction Factors Him:= 1.5 Factor of Safety for overall uncertainity Tult=6715 lb Ultimate strengths of geogrid types ft LTDS:= Tult LTDS=2434.029 Ib FScr-FSid•FScd•FSun ft Calculations below are specific to individual wall calculations Input elevations of geogrid layers for the retaining wall Maximum Number of geogrids: N A - 1 N=2 Hu El := 2ft First Approximation for the vertical spacing of the geogrid layers E2:= 4ft RIZZO Project: Stone Works Calc'd by: S.Woods SalemMA Checked by: , ASSOCIATES Date: 5125&2005 Calculate the Contributary Area,Ac,for each geogrid Ac El + (E2—El) Acs =3 ft 2 Ace:= H—Acs Act=3 ft Analyze For Tensile Overstress: Fgl [0.5•y•(Ac )2 Kaint] +[(q+ gd)•Kaint.Ac,] Fg =360.967 b check3 := if(Fgi <LTDS,"OK","NG") check3="OK" ft Fg2:_ [0.5 y,(H)Z-Kaint] + I(q+ gd) Kaint. — Fgt i Fg2=670.367 Ib check4:= if(F92 <LTDS,"OK" ,"NG") check4="OK" ft For Anchorage- Minimum Factor of Safety is 1.5: Calculate La ACI := F91.1.5 ACI =541.45 Ib ft AC2:= Fg2-1.5 AC2= 1005.55 Ib ft depth of grid Calculate La: dnl = 211 Lal := ACI Lal = 1.926 ft 2•Ci-dnl•y-tan(o) dn2:= 4ft Lal:= AC2 Lal= 1.788 ft 2•Ci•dn2Ttan(o) . CRIMINAL COMPLAINT 0536CR000737 Trial Court of Massachusetts DEFENDANT Salem District Court _�'�';� ;a CHASE, LAINE 250-260 HIGHLAND AVENUE TO ANY JUSTICE OR CLERK-MAGISTRATE SALEM, MA 01970 OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 05126/1965 M W 6'00 189 BRO BRO The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date and at INCIDENT REPORT# SOCIAL SECURITY# the location stated herein the defendant did commit the 022-58-0162 offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 07/14/2004 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS SALEM W �u DATE OF COMPLAINT RETURN DATE AND TIME 03/07/2005 03/291 0059:OOAM a5Ece�i't1�`dui3i'+� COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 07/14/2004 did FAIL TO COMPLY WITH CEASE AND DESIST ORDER AS DIRECTED IN LETTER DATED 7/14/2004,in violation of 780 CMR 1825-1825.5 of the City or Town of SALEM. it COUNT-OFFENSE it 'I COUNT-OFFENSE COUNT-OFFENSE , COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. Robert A. Cornetta, Acting ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X APPLICATION IST ADULT N MBER Trial Courtof Massachusetts FORCOMPLAINT ❑ JUVENILE District Court Department ❑ ARREST HEARING IJ SUMMONS I-i WARRANT COURT DIVISION l The within named complainant requests that a complaint issue against the within Salem District(:CUR named defendant, charging said defendant with the offense(s) listed below. DATE OFAPPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street Salem. MA. 01970 NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and Sec I ADDRESS AND ZIP CODE OF COMPLAI ANT r , � � iY �. C 2. NAME,A9DRESS AND ZIP CODE OF DEFENDANT 3' L44. COURT USE A hearing upon this complaint application DATE OF HEARING ME OF HEARING COURT USE ONLY—i will be held at the above court address on f 11t T r *—ONLY CASE PARTICULARS — BE SPECIFIlt NAME OF VICTIM DESCRIPTION OF PROPERTY -VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etcdestroyed,etc. $250. Marijuana.gun.etc. 1 cj r_> 2 �.l 3 I a OTHER REMARKS:�In/��,•f7' ��55 F l�� �o l0 -•,�/� G {�,� G�� le W9 A, -711YIV y X SIGNATUREOF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. ATE OF RTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR 549 S OCCUPATION EMPLOYEMSCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 1 cn e DC-CR2(3/88) APPLICATION ® ADULT INUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE r ' � ' /( �_�' ,; � r ; ( a c,, (� � C 1(Q District Court Department �� � ❑ ARREST $ HEARING I� SUM LI WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within s✓•t��t6t named defendant, charging said defendant with the offense(s) listed below. n.�ijobild CwM DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE as W .� 5/11/2000 ON GOING 250 HIGHLAeID AVENUE Saloon. MA-01970 NAME OF COMPLAINANT CITY OF SALEM, BUILDING DEPT TOM ST PIEBRE #2. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT - SALEM DNE SALEM GREEN. 2ND FLOOR SALEM, MA 01970 AL ORDINANCE NAME,ADDRESS AND ZIP CODE OF DEFENDANT LAINE CHASE 250-260 HIGHLAM AVENUE 3. SALEM, MA 01970 a. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY—* will be held at the above court address on ' ,S .J .(_ G.AT f--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Gbods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc. t 2 ti 0 3 int 41 v a OTHER REMARKS: _- MR. CHASE FAILED TO RESPOND TO A LEITER SENT BY THIS DEPARTMENT SEPWER'+2.9, 1999. UNREGISTERED VEHICLES CONTINUE TO BE STORED ON THIS PROPERTY AS HELLLAS A'"' DERELICT TRAILER. N % SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME I i II I f) O K U r- D_ Z D_ G9 0 U m DCGCR2(3/88) CITY OF SALEM, MASSACHUSEITS BUILDING DEPARTMENT } N 120 WASHINGTON STREET, 30.0 FLOOR \ yr TEL (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL j�IAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 15, 2006 Laine Chase Angel Chase-Randell 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. Chaise: This Department sent you a letter on July 14, 2004 in response to an incident where materials from your property fell onto the drive thru lane at Dunkin Donuts. You were ordered to cease stockpiling materials on that area of your property until "such time that aIproperly engineered and properly permitted retaining wall is constructed." As you are;aware, under the threat of prosecution, you finally agreed to construct a wall. It would appear both from Rizzo, the designer of the wall and from a report, received by this office from Frank S. Vetere, P.E., LSP that the wall was designed and built for retaining soil and not to safeguard the drive thru lane on the abutting property. I have enclosed a copy of Mr. Vetere's letter. All through this process, it was clear that the wall was to be built for the purpose of public safety. Given the inforniation provided by both Rizzo Associates and Mr. Vetere, 1 am directing you to provide a letter or statement from a qualified Engineer. The letter needs to state that the wall built is sufficient to safeguard the drive thru lane next door. The letter needs to include any requirements, limitations on use, or any other conditions that would provide for the protection of the drive thru lane next door. This letter is required to be in this office within 15 days upon your receipt of this letter. Sincerely, rxzlz�� Thomas St. Pierre Building Commissioner cc: Jason Silva Attorney Richard Weitzen Attorney David Hams Elizabeth Rennard, City Solicitor MASS Mitt Romney Kerry Healey John Ccgliano Luisa Paiewon* Co HIGHWAY "G°�� �" c°ff aD wig MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION October 11, 2006 Thomas St. Pierre, Building Commissioner City of Salem Public Property Department 120 Washington Street, 3rd Floor Salem, MA 01970 Dear Mr. St. Pierre, This is to acknowledge your recent correspondence relative to the business owner at 250- 260 Highland Avenue (Route.107) occupying the area outside his property line. Please be informed this matter has been referred to our Legal Counsel's office in Boston for review.'You will be informed of any action that may be taken as a consequence of this encroachment. If you have any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at(781) 641-8449. i m r ly, Patricia A. Leavenworth, P.E. District Highway Director I DA/da Massachusetts Higlnoct'I Department•District 4.519 Appleton Street, Arlington, MA 02476 •(781) 641-8300 ovolr�, CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT • � 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONES, 978-745-9595 EXT. 380 FAX: 978-740-9846 KIM13ERLEY DRISCOLL MAYOR September 14, 2006 copy Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 Mr. Chase &Mr. Osgood: I conducted an inspection of the stone works property. With me was Frank Taormina from the Planning Department. Frank was there to address the numerous sign violations and are the subject of Frank's letter dated September 13, 2006. There are two problem areas on the property boundary lines. 1- A) : The area in the front of the property This area is part of the Mass Highway's right of way. Yours front property line is approximately the line of the stone wall. Merchandise, stone, tubs and sheds cannot be placed in this area. B.) The side on Verona Street. Your property line on Verona is the chain link fence. You have stored large amounts of materials and debris on City property. These materials need to be removed. C) The property line in the rear is the chain link fence that was the subject of the lengthy court case with Laine Chase. This fence is being destroyed by the concrete storage bins being pushed from your property onto, tl'. Cluj fight c:way 2) The wall; constructed recently, was also the result of a lengthy court case and numerous correspondences. I have issued numerous orders regarding the use of the wall. Yesterday, I noticed bricks, two pallets high in the first row as well as numerous pallets in contact with wall. To date, no steel bollards have been installed. The disregard of these orders is disconcerting. You are directed to comply with all previous orders relating to the use of the retaining wall. i Sincere , Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Attorney Jack Altshuler Attorney Stephen Lovely Attorney David Harris Jason Silva, Mayors Office Councillor O'Leary t I oNDITA� — CITY OF SALEM, MASSACHUSETTS_, PUBLIC PROPERTY DEPARTMENT n ^^� 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 nB FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR ' September 27, 2006 David Aznavoorian Assistant District Maintenance Engineer Mass Highway Department- District 4 519 Appleton Street Arlington, Ma. 02496 RE: 250-260 Highland Avenue Dear Mr. Aznavoorian: The Business owner at 250-260 Highland Avenue (Route 107) has occupied the area outside his property line, to stockpile stoves, sheds and other materials that he sells. The materials are a distraction to motorists and impede the ability for a pedestrian to pass by his property... This property was the subject of the same complaint back in September— November of 2003. Your office was very effective then and we ask for your assistance again. If further information is needed, please contact me at 978-745-9595 x 380. Sincerely, Thomas St.',Pierre Building Commissioner cc: Jason Silva, Mayors Office copies of 2003 letters MASS H/GHINAY Mitt Romney Kerry Healey Daniel A Grabauskas John Cogliano Governor U Governor Secretary Commissioner September 30, 2003 Thomas St. Pierre, Acting Building Commissioner City of Salem Public Property Department 120 Washington Street, 3rd Floor Salem, MA 01970 Dear Mr. St. Pierre: This is in response to your recent correspondence relative to Mr. Lane Chase placing building materials, a shed and various other items on the sidewalk in front of his property at 250-260 Highland Avenue, Route 107, thereby creating a distraction to passing motorists. Maintenance personnel from this office conducted an investigation at the site and took pictures of the materials on the sidewalk. Mr. Lane met with our maintenance people during the investigation and indicated to them that the materials were on his property. He pointed to a marker in the roadway that he said was the limits of his property. (Please see attached) Because Mr. Lane is disputing his property limits the District Survey Section has been requested to establish the sideline in that area. After there has been a determination of the state highway sideline, Mr. Lane will be directed to remove the aforementioned materials. If there are any further questions relative to this matter please call David Aznavoorian, Assistant District Maintenance Engineer at (781) 641-8449. Sinc Stephen T. 0' Donnell District Highway Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street,Arlington, MA 02476•(781) 641-8300 a MASS H/GHWAY Mitt Romney Kerry Healey Daniel A Grabauskas John Cogliano Governor LL Govemor secretary Commissioner November 21, 2003 Thomas St. Pierre, Acting Building Commissioner City Of Salem Public Property Department 120 Washington Street, 3rd Floor Salem,MA 01970 Dear Mr. St. Pierre: Reference is made to your recent correspondence relative to the occupant of 250-260 Highland Avenue, Route 107, creating a distraction to passing motorist by placing building materials and various other items on the sidewalk in front of his property. Please be informed the District Four Survey Section established the sideline in that area and it has been determined that Mr. Chase is in fact encroaching on state property. Correspondence will be forwarded to Mr.Chase directing him to remove any encroaching objects from the sidewalk. If you have any further questions regarding this matter please call David Aznavoorian, Assistant District Maintenance Engineer at (781)-641-8449. c S incerel �CyU Stephen T. O'Donnell District Hiehwav Director DA/da Massachusetts Highway Department•District 4.519 Appleton Street, Arlington, MA 02476•(781) 641-8300 4 6 CITY OF SALEM i DEPARTMIENT OF PLANNING AND COMMUNITY DEVELOPMENT KIIHBLRLEY DRISCOIL 1?0 WASHINGTON STREET♦SALEK MASSACHUSETTS 01970 MAYOR T E R•978-745-9595 FAx:978-740-0404 LYNN GOONIN DUNCAN,A1CP DIRECTOR September 13, 2006 Patrick Osgood&Iain Chase Osgood Stone Works 250 Highland Avenue Salem,Massachusetts 01970 Re: Illegal Signage--Osgood Stone Works,250 Highland Avenue, Salem,MA Dear Mr. Patrick Osgood&Mr. Laine Chase, On September 13, 2006 the Building Commissioner and I inspected the above referenced property and witnessed numerous signs in violation of the Salem Sign Ordinance. Listed below you will find each violation and the corresponding action required to comply. • One (1) aluminum wall sign fronting Highland Avenue mounted to building. This sign does not have a sign permit All signage in the City of Salem must be reviewed and approved prior to thea fabrication and installation. You must file the enclosed Salem Sign Permit Application and include all the submittal requirements and the associated sign application fee. • One (1) banner sign fronting Verona Street affixed to the roof. Section 3-45B(9) of the Salem Sign Ordinance states that signs shall not be installed above the roofline. In addition,banner signs cannot be permitted. Banner signs can only be used as temporary signage,which does not require a sign petmiti However,section 3-45F of the Salem Sign Ordinance states "temporary signs can only be used for special sales and/or events lasting no more than fifteen(15) days and may only be affixed to the'inside of the windows of the establishment facing out to the public way". The banner sign on the roof cannot be permitted and cannot be considered a temporary sign so it must be removed immediately. I • Multiple banner signs affixed to the fence around the site. Section 3-55D of the Salem Sign Ordinance states, "signs posted on or attached to utility poles, fences, trees,lighting posts which are on or over�a public or private way are prohibited". In addition,it appears that many of the banners affixed to the fence are off-premise sign,advertising for a business and products not located on the property. This is a violation of Section 3-56I of the Salem Sign Ordinance,which states "signs which advertise an activity,business,product, or service not produced or conducted on the premises upon which the sign is located are prohibited". Therefore,all of the banner sign must be removed immediately. Please submit the enclosed Salem Sign Permit Application for your existing/proposed signage and include all the submittal requirements and the associated sign application fee to this Department as soon as possible. As mentioned above, the only existing signage that can be permitted is the wall sign fronting Highland Avenue. If all the illegal signs are not removed from the fence and the roof within ten (10) days receipt of this letter, this matter will be forwarded to the Building Commissioner who may enforce the penalties and fines under Sec 3.36&3.29 of the Salem Sign Ordinance and 780 CMR Sec 3102.4 of the Building State Code. Should you have any further question about this matter I can be reach at (978) 745-9595 ext 311. Sincerely, F TaomZ Planner/Harbor Coordinator Cc: Thomas St Pierre,Building Commissioner Jason Silva,Mayor's Chief of Staff Attorney Stephen Lovely r i 2 oewr�_� CITY OF SALEM, MASSACHUSETTS �, PUBLIC PROPERTY DEPARTMENT n � 120 WASHINGTON STREET, 3Ro FLOOR SALEM, MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 EXT. 380. FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 11, 2006 COPY Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 RE: 250-260 Highland Avenue This letter,is to further amend the August 3151 letter issued by this office. The steel bollards must be twelve inches taller than the existing wall. Any questions, please contact me directly. Since y, 2�. /" 'j Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Attorney David Harris Atton:;,y,Richard Weitzen AttorneyStephen Lovely Attorney'Jack Altschuler rOND) A CITY OF SALEM, MASSACHUSETTS �y PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 +U� - FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 31, 2006 Laine Chase Patrick Osgood 250-260 Highland Avenue Salem, Ma. 01970 Mr. Chase& Mr. Osgood: This letter is intended to further clarify my letter of July 24, 2006. The steel bollards that you are directed to install are to be the same height as the existing wall. Also, if any of the bollards are damaged, they must be replaced as early as possible. I will be on the property on Tuesday, September 12`h at 10:00 to reinspect the bollards and to confirm compliance with all pervious orders. If you have any questions, please contact me directly. Sinc L1 )*z Thomas St. Pierre Building Commissioner Atto:ney,David Hams Attorney Rithie Weitzen Attomey Stephen Lovely Attorney'Jack Altshuler 1 a CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 12O WASHINGTON STREET,3"D FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KINIBERLEY DRISCOLL MAYOR THO\IAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 24, 2006 Laine Chase Angle Chase- Randell Patrick Osgood Attn: David Hams Attn: Richard Weitzen RE: Wall at 250-260 Highland Avenue Mr. Chase, Mr. Osgood: After many conversations between the parties and taking into account the Engineer's letter, I am issuing the following directive. Steel bollards to be installed 3 Oinches from the wall and 3 feet on center intervals for the length of the wall. The bollards are to be 8" in diameter, steel pipe filled with concrete and set in concrete. The purpose of these bollards is to provide a positive stop for pallets before hitting the previously installed wall. All previous orders remain in place. If you have any questions; please contact me directly. Sincerely Thomas St. Pierre Building Commissioner Zoning Enforcement Officer 'I CITY OF SALEM, MASSACHUSETTS a BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KI\IBERLEY DRISCOLL NLkYOR THO\L\S ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 21,'2006 Laine Chase Angel Chase-Randell 250-260 Highland Avenue Salem, Ma. 01970 RE: Retaining Wall Dear Mr. ',Chase This is a follow up to my letter dated June 15, 2006 in which I required you to produce an Engineer's verification that your retaining wall would work for the purpose intended. After writing that letter, I revisited the easement agreement dated May 18, 2006. I am issuing the following order. With regard to the second row of palletized material stacked on the immediate southern side of the wall Pallets cannot be stacked with an aggregate height of more than 12 (inches) above the top edge of the wall. Your compliance with this order will negate the engineer's report I required in my previous letter. If you have'any questions, please contact me directly. Sr4l ly, 1..7 Thomas St. Pierre Building Commissioner cc: Jason Silvia Attorney Richard Weitzen Attorney David Hams Elizabeth Rennard, City Solicitor TitU of i�tt1Pm. Massor4usetts I9ublir 11rupertg Mepartment i3uilbing Department (Ont eelrm (6rrrn 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 31 , 1996 Laine Chase 250 Highland Avenue Salem, Mass . 01970 RE: 250 Highland Avenue Dear Mr . Chase : i Per request of concerned neighbors , this office conducted an inspection of the above mentioned property, and a list of violations follows : #1 . Verona St. must be cleaned up of all debris caused by your moving of stock piles . #2 . All ,unsafe sheds and unsafe box trailers must be removed and or demolish ( these items pose a fire hazard) . #3 . All 'debris must be cleaned up and kept clean. #4 . Remove all debris from abutting lot that you are using illegally on side of Verona Street . Please call upon receipt of this letter to inform us as of your course of action in this matter . Failure to see any action within fifteen ( 15 ) days will result in court action being taken against you. Thank you for your anticipated cooperation in this matter. i Sincerely.r� Leo E . Tremblay Inspector of Buil Ings LET: scm cc: Fire Prevention Health Departmlent °� CITY OF SALEM �1 ,, } PUBLIC PROPERTY '""�`� DEPARTMENT KIMBRRI.F_Y DRISCOU MAYOR I20 W.ASi{ING(ONS'IRl'.E"l'*$ALlvM,\tA5SAC11ltiE"PIS 01970 '17L978-7 45-9595 • 1GAx:978-740-9846 STOP WO Property Location 2 0 Lafayette S 4� September 21,2006 Patrick Osgood & Lain:Chase 250 Highland Avenue Salem, MA 01970 Dear Mr. ,Osgood and Mr. Chase; The above listed property has been posted with a Stop Work Order due to being in violation of the following State Codes and/or City Ordinances. 780 CMR'Massachusetts State Building Code, Section 118.1, regarding violations of the construction code, states that it is unlawful to add, alter, or construct any structure without the proper permit to do so. No further work may be done until such time as the order is lifted. Any person who shall continue any work in or about the building or structure after having been served with a Stop Work'Order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1000, or by imprisonment for not more than one year, or both for each violation; with each day constituting a separate violation. If you have any questions regarding this letter, please contact the Building Inspectors Office at(978) 745-9595 ext. 386. Sincerely, Li Jos ph E. Barbeau, Assistant Building Inspector CC: file, Mayor's Office, Police Dept., Fire Prevention, Atty. Atschuller, Any Lovely THE MASSACHUSETTS STATE BUILDING CODE storage and handling of explosives shall be secured from the administrative authorities having jurisdiction. 3001.3 Temporary encroachments: Subject to approval, sidewalk sheds, underpinning and other temporary protective guards and devices shall project beyond the interior and street lot lines where required to insure the safety of the adjoining property and the public. When necessary, the consent of the adjoining property owner shall be obtained. SECTION 3002.0 TESTS 3002.1 Loading: It shall be unlawful to load any structure, temporary support, scaffolding, sidewalk bridge or sidewalk shed or any other device or construction equipment during the construction or demolition of any building or structure in excess of its safe working capacity as provided in Article 11 for allowable loads and working stresses. 3002.2 ,Unsafe equipment: Whenever any doubt arises as to the structural quality or strength of scaffolding plank or other construction equipment, such material shall be replaced, or the building official shall require a strength test to two and one-half times the superimposed live load to which the material or structural member is to be subjected. The member shall sustain the test load without failure. SECTION 3003.0 INSPECTION 3003.1 Unsafe conditions: When inspection of any construction operation reveals that any unsafe or illegal conditions exist, the building official shall notify the owner and direct the owner to take the necessary remedial measures to remove the hazard or violation. 3003.2 Failure to comply with orders: Unless the owner so notified proceeds to comply with the orders of the building official within 24 hours, the building official shall have full power to correct the unsafe conditions as provided in Sections 121.0 and 123.0. All expenses incurred in the correction of such unsafe conditions shall become a lien on the property. 3003.3 Unsafe construction equipment: When the strength and adequacy of any scaffold or other device or construction equipment is in doubt, or when any complaint is made, the building official shall inspect such equipment and shall prohibit its use until tested as required in Section 3002.2 or until all danger is removed. 30-2 780 CMR - Fifth Edition PRECAUTIONS DURING BUILDING OPERATIONS SECTION 3004.0 MAINTENANCE 3004.1 General: All construction equipment and safeguards shall be constructed, installed and maintained in a substantial manner and shall be so operated as to insure protection to the workers engaged thereon and to the general public. It shall be unlawful to remove or render inoperative any structural, fire protection or sanitary safeguard or device herein required except when necessary for the actual installation and prosecution of the work. SECTION 3005.0 EXISTING BUILDINGS 3005.1 Protection:t on. All existing and adjoining public and private property shall be protected from damage incidental to construction operations. 3005.2 Chimney, soil and vent stacks: Whenever a new building or structure is erected to greater or lesser heights than an adjoining building, the construction and extension of new or existing chimneys shall conform to the provisions of the BOCA National Mechanical Code listed in Appendix A, and the construction and extension of soil and vent stacks and the location of window openings shall comply with the provisions of Section 2805.4. 3005.3 Adjoining walls: The owner of the new or altered structure shall preserve all adjoining independent and party walls from damage as provided herein. The owner, shall underpin where necessary and support the adjoining building or structure by proper foundations to comply with Section 3007.0. 3005.3.1 Maintenance: In case an existing party wall is intended to be used by the person who causes an excavation to be made, and such party wall is in good condition and sufficient for the use of both the existing and proposed building, such person shall preserve the party wall from injury and support it by proper foundations at his own expense, so that it shall be and remain as safe and useful as it was before the excavation was commenced. During the demolition, the party wall shall be maintained weatherproof and structurally safe by adequate bracing until such time as the permanent structural supports shall have been provided. 3005.3.2 Beam holes: When a structure involving a party wall is being demolished, the owner of the demolished structure shall, at his own expense, bend over all wall anchors at the beam ends of the standing wall and shall brick up wall open beam holes and otherwise maintain the safety and usefulness of the all. 3005.3.3 Party wall exits: A party wall balcony or horizontal exit shall not be destroyed unless and until a substitute means of egress has been provided and approved. 780 CMR - Fifth Edition 30-3 690g - - - - — --- — — - - ---- Y •• q0 o r i ° ) 1 O(°6 q 00 L6 � « •� Zg 9 }dam yyba a 4�9 4+ 99 61y9 a oP y0V� rO NtAd 6 b 6 be, 0b\ O -7 X09 .aa 9s,0 099 1 Q 0 y \6 a vi �V P� 4 P 01 9 P 1 P 0 db ' V tl 9 ° Ner4 01 ADMINISTRATION AND ENFORCEMENT SECTION 123.0 UNSAFE STRUCTURES 123.1 Inspection: The building official immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabitea or abandoned, and open to the weather. shall inspect the same; and he shall forthwith in writing notify the owner to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the building official may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. 123.2 Removal or making structure safe: Any person so notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove such building or structure or make it safe. or to make it secure. and he shall emplov sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the mavor or selectmen so order, the building official may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence put up for the protection of passersby, or to be made secure. SECTION 124.0 EMERGENCY MEASURES 124.1' Failure to remove or make structure safe, survey board, survey report: If ani owner of such unsafe structure refuses or neglects to comply with the requirements of such notice NOthin the specified time limit, and such structure is not made(safe or taken down as ordered therein, a careful survey of the premises shall be made by a board consisting; in a city, of a city engineer, the head of the fire department, as such term is defined in Section 1 of Chapter 148 of the Massachusetts General Laws Annotated, as amended, and one disinterested person to be appointed by the building official; and, in a town. of a surveyor, the head of the fire department and one disinterested person to be appointed by the building official. In the absence of any of the above officers or individuals, the mayor or selectmen shall designate one or more officers or other suitable persons in place of the officers so named as members of said board. A written report of such survey shall be made, and a copy thereof served on such owner. 124.2 Removal of dangerous or abandoned structures: If such survey report as outlined in Section 124.1 declares such structure to be dangerous or to be unused, uninhabited or abandoned. and open to the weather, and if the owner continues such refusal or neglect, the building official shall cause it to be made safe or taken 780 CMR - Fifth Edftlon 1-25