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272-274 HIGHLAND AVENUE - BUILDING INSPECTION 272-274 HIGHLAND AVE. Certificate No: 292-08 Building Permit No.: 292-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ----------------------------------------------------- Dwelling Type 0272 HIGHLAND AVENUE in the CITY OF SALEM - ---------------------------------------------------------------------------- ---------------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR THE NEW (CVS STORE) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires _ - unless sooner suspended or revoked. Expiration Date ----------_-----.-__-------------------------------_ Issued On: Fri Jul 24, 2009 --- -------------------------- GeoTMS®2009 Des Launers Municipal Solutions,Inc. -'-'----------------------- - -- ------------------------------------------- woe V30 E AD CITY OF SALEM BUILDING PERMIT Certificate No: 292-08 Building Permit No.: 292-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ------------------------------------------------ Dwelling Type 0272 HIGHLAND AVENUE in the CITY OF SALEM - - - --------------- - ---------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY TEMPORARY OCCUPANCY PERMIT ISSUED TO (CVS) NOT OPEN FOR THE PUBLIC This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires --Sunday Aug 16,2009 unless sooner suspended or revoked. Expiration Date Issued On:Thu Jul 16, 2009 t^--- GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. --------------------------------------------------------------- ------------ .LIY�i2i�d rJNIQ"IIRg WHIVS 30 A.LIJ OW 3A*rA o ' I/E0272HIGHLAND AVENUE 292-08 os COMMONWEALTH OF MASSACHUSETTS Block: CITY OF SALEM Lot-. 0100 Category: NeW RETAIL BUILD Permit# 29208 BUILDING PERMIT Project# JS-2008-000571 Est.Cost: $1,131,000.00 Fee Charged: $14,415.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const Class: Contractor: License: Expires: Use Group: NEW ENGLAND RETAIL CONSTRUCT Lot Size(sq.ft.): 70909.146 Zontng B2 Owner: TRI-CITY REALTY INC Units Gaineda Applicant: TRI-CITY REALTY INC Units Lost: AT: 0272 HIGHLAND AVENUE Dig Safe#: ISSUED ON: 12-Sep-2007 AMENDED ON: EXPIRES ON: 12-Mar-2007 TO PERFORM THE FOLLOWING WORK. t NEW CVS PHARMACY,STORE POST.THIS CARD SO IT IS VISIBLE FROM THE STREET Electric / Gas' Plumbing Building Underground: T.LMI�.' g g (,', ((�'( � v'CE Under round: y Underground; /�.t/! ��J��l Excavation: Service: ��pvel eter: /'� h /" Footings: �p C�' Rough:.Sr^9C7 Rough: r/' /.l Rougq:, ()i// �ylr' Foundation: �� in/�Ia b u CCC Rough Frame Pinnal: a lr FinaL• �j�� / w 4.9. 91 Fireplace/Chineney: rw Fire Healt .N 1Y 13'd% IVI n p Insulation . M 06: I U`� . ' `1:L141� '\ Sm J/(�1/QJt{A/'�// Final: Aq{rr}+: Treasury: Sprj�dcrs: Final: {� (/ r' ^tai THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. `Signature: Fee Type: Receipt No: Date Paid: r Check No: Amount BUILDING REC-2008-000670 12-Sep-07 7911 $14,415.00 i I{ 6 eoT i S612009 Des Lauriers Municipal Solutions,Inc. 272 HIGHLAND AVENUE 543-09 GIs 42 .,. " COMMONWEALTH OF MASSACHUSETTS Map 08 Block CITY OF SALEM Lot 0100 ,,' w1, { a Category:'�p,4t:.. 'DEMO; I� �t ;. - Perinit#.� 54309- � �1.4 � BUILDING PERMIT Project# r.;JS-2009-000981 4=- Est. Cost Fee Charged:%P $305.00N'-W` 4,-.—'1'I Balance Due: $ 00 n � ry PERMISSION IS HEREBY GRANTED TO: Const Contractor: License: Expires' UseGroua`T ."'n , '°ai�:.J+..'�' •� p ' THOMAS ROGERS CONSTRUCTIO SUPERVISOR-95540 Lot Size(sq. ft.): 70909.146 j Zoning B2 yg Owner: TRI-CITY REALTY INC �"-' ,� ,,a.,:, Units Gained: 5 , . kas :;, Applicant: TRI-CITY REALTY INC ' Units Lost i ,'' ''" � AT: 272 HIGHLAND AVENUE Dig Safe# r a A"�y' ISSUED ON: 29-Jan-2009 AMENDED ON. EXPIRES ON. 29-Jun-2009 TO PERFORM THE FOLLOWING WORK: DEMO ENTIRE BUILDING POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water. Alarm: Assessr Treasury: r Sewer: Sprinklers: Final: a ' THIS PERMIT MAYBE REVOKED BY THE CITY OF SALEM UPON VIOLATION O C OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2009-001137 29-.Ian-09 766 $305.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc - J - a' 4' YSOYE AO CITY OF SALEM BUILDIN-I, ,GPEF -:UT a - CITY OF SALEM ROUTING SLIP Nen Construction Certificate of Occupancy_ 'C. v.�j- LOCATIONa0a kl(-RLP,,00 A u6 DATE 7- -7- � �( ASSESSORS c DATE -O 93 Washington St. ,l CITY CLERK DATE �7 93 Washington•St. PUBLIC SERVICE ' , DATE 120 Washington St. WATER DATE 120 Washington St. j3c• � CROSS CONNECTION �ATE l� 5 Jefferson Av,,((e�� PLANNINC,U )J,fDATE 120 Washington St. CONSERVATION DATE 5 a 120 Washington SL ELECTRICAL / 0 DATE / 48 Lafayette St. FIRE PREVENTION DATE 29 Fort Avenue T HEALTH O DATE V If-f O 120 Washing n St. ,BUILDING INSPECTOR DATE 120 Washington St. Certificate No: 290-08 Building Permit No.: 290-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Pemtits This is to Certify that the BUSINESS located at Dwelling Type 0262 HIGHLAND AVENUE in the CITY OF SALEM - - - - - - - - - - -- ------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR TRI CITY SALES This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires _ _ ....... ...... _____- unless sooner suspended or revoked. Expiration Date Issued On: Wed Dec 10, 2008 --------- -- - -- - ------- 14 ------, - ------------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. --------- --------------------------------------------------------------- -- CITY OF SALEM ROUTING SLIP New Construction Certificate of Occupancy LOCATIO DATE 1-2— ASSESSORS DATE 93 Washingt CITY CLERK DATE 93 Washington St. PUBLIC SERVICES V�,—B7C'I•E 120 Washington St. WATER DATE . ij 120 Washington St. CROSS CONNECTI ! ATE 5 Jefferson Ave n(1 PLANNING ��)c�vuslX �.A41 j1t-.�kDATE 12iIre S 120 Washington St. CONSERVATION N DATE Z 120 Washington St. ELECTRICAL DATE 48 Lafayette St. FIRE PREVENTION DATE 29 Fort Avenue HEALT DATE Z^ �r •off' 120 Washington S BUILDING INSPECTOR DATE 120 Washington St. 0262 HIGHLAND AVENUE 290-08 GIs#: 43 COMMONWEALTH OF MASSACHUSETTS Map: 08 . Block: CITY OF SALEM 1 Lot: 0104,Category:' (2)Business t..: Permit# 290-08 BUILDING PERMIT Project# JS-2008-000569 Est.Cost: $825,000.00 Fee Charged: $9,080.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires Use Group: ".Groom Construction Lot Size(sq.ft.): 32128.9848 Zoning: g2 . Owner: TRI CITY SALES INC Units Gained: Applicant: TRI CITY SALES INC Units Lost: AT: 0262 HIGHLAND AVENUE Dig Safe#: ISSUED ON: 12-Sep-2007 AMENDED ON: EXPIRES ON.- 12-Mar-2007 TO PERFORM THE FOLLOWING WORK: CONSTRUCT NEW RETAIL STORE POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric [3 / �s PIumbin2 Building Underground:J '/`��{ Underground: Underground: Lt�`✓/+.-�. ';�7 6zcavation: Service: —6,—oY�� Meter!, "`l'' Footings: Rough:/p:— _o�.�/.!/ Rough:11 r( I 7t 6i Rough: '/( Cj_ln� gc�/�% tF m Foundation�}'4'Mq7 0(-410t.) Final: Fina1JJ ` /nom Final: l'(�`�pl4o (!'" Rough Frae:dK9.2S•03Meb(g6F Lye/o,/g^.obH�b Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: ,, MC`L House# S..f.C7 Final:( IZ,•ll`1- OTY ' v Water: A� ':f/I� Assessor Treasury: ll.J/ Sewer: Sprors: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. e) �Q Fee Type: Receipt No: Dam Paid: Signat Check No: Amount: BUILDING REC-2008-000668 12-Sep-07 7312 $9,080.00 GeoTMS®2008 Des Landers Municipal Solutions,Inc. 9 - ate /�o ✓ /� /'9G�.�Z /3 i✓/ s;%��/s � j=<<,�,/z C111.71,7r1, f� T xi /J `�1—o,Y� /ye �L•�// /r'GLc-JIL'�J Li C` y YSpYE A0 CITY OF SALEM BUILDING PERMIT Certificate No: 243-09 Building Permit No.: 243-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the--------A3--Restaurant-with Takeout- located at - ------------ --------- ------------ Dwelling Type 2-62-HIGHLAND AVENUE in the CITY OF SALEM ------------ - --- --------- ------ - — ----------- -------- —.. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Tenant Fit out for Dunkin Donutts This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires _ unlesssooner sus ended orrevoked. Expiration Date Issued On: Wed Dec 10,2008 - -- --------- ---------- -------- GeoTMS9)2008 Des Lauriers Municipal Solutions,Inc. -------------------------------------------------------------------I----- ---- �o`ti � �"k� � � ti� $ r� o V. � � � ,� � C �j,�? p1Y�i5� �' `II �=;;LeNt'��5 L CITY OF SALEM ROUTING SLIP New Construction Certificate of Occupancy Ntiy LOCATION RMMCN� � DATE +4l(0gL/Mb A-V/ : �Zl dd ASSESSORS DATE 93 Washington St. CITY CLERK DATE 93 Washington St. PUBLIC SERVICES DATE 120 Washington St. WATER DATE 120 Washington St. CROSS CONNECTION DATE 5 Jefferson Ave X PLANNING 4 )A,L,4jL DATE 12+401 120 Washington St. CONSERVATION DATE 120 Washington St. r� X ELECTRICAL DATE /a 48 Lafayette St. X FIRE PREVENTIO 4--�DATE l i O 29 Fort Avenu JX HEALTH DATE I-2-' q ,e 120 Washington S . BUILDING INSPECTO DATE (2 120 Washington St. Sl6t�IRrWI-e..S �uri.e�.�. 0 GIs# ">�43# # COMMONWEALTH OF MASSACHUSETTS Map: 08 Block:`. ' - $ ?. w . CITY OF SALEM Lot: '-, 0104" 'J'+' ; Category: TENANT FIT-OUT r Petmii# 243_09 , BUILDING PERMIT Project# JS-2009 0003541'-,-` Est.Cost:- $105,000.00 Fee Charged: :$11160.00 Balancebue°r $.00, �" ,: : "i PERMISSIONLS HEREBY GRANTED TO: Const.Class " Contractor: License: Expires Use Group. p. PGR Construction Inc. STATE-CS 074148 Lot Size($q.ft.): 71516 808 e fl Owner: TRI CITY SALES INC Zoning:T B2 e " _ A 1/cmxt: TRI CITY SALES INC Units Gained: x PP Units Lost: - AT. 262IIIGHLAND AVENUE ISSUED ON. 12-Sep-2008 AMENDED ON. EXPIRES ON: 12-Oct-2008 TO PERFORM THE FOLLOWING.WORIC TENANT FIT UP FOR DUNNKIN DONUTS APPROVED PENDING RESOLUTION OF DEMISING WALL DETAIL POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: ter: Footings: p y. Footings: - Rough: 1C — `�—Cr Rough /Dy611•�' g0 I Roughj%/?��._��-q Foundation: 1�l I I 6 / Final: Final:�� C� ✓ � Final: (� 'O — 5--0? Rough Frame: Fireplace/Chimney: D.P.W. Fire /1 Health �(�/ Insulation: Meter: Oil: � //�/� llouse# Smoke: Final: l Zee ei • b `� Tressu rp: \\'ales: plasm; Assessor Server: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIO N F ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount BUILDING REC-2009-000412 12-Sep-08 1977 $1,160.00 Call'for Permit to Occupy GeoTivISO 2008 Des Lauriers Municipal Solutions,Inc. r- � v4� ' v ^! ; L CITY � �� ►� � i.�JI iN.1 UILDING PERMIT CITY OF SALEM ROUTING SLIP New Construction Certificate of Occupancy_Zn,__L ' l / LOCATION RM4m �W ( DATE Tlt.(pqf./K11C:) A-Vi?, �ZIz/dd ASSESSORS DATE 93 Washington St. CITY CLERK DATE 93 Washington St. PUBLIC SERVICES DATE 120 Washington St. WATER DATE 120 Washington St. CROSS CONNECTION DATE 5 Jefferson Ave )( PLANNING % .,,,, 2 �DATE 12 S' 0 120 Washington St. CONSERVATION DATE 120 Washington St. X ELECTRICAL DATE 48 Lafayette St. X FIRE PREVENTIO DATE l,01' 0 29 Fort Avenu X HEALTH DATE 1Z' q .oe 120 Washington S . BUILDING INSPECTORA DATE 120 Washington St. s �kp-r, s VV%-4Vk&-Q yya�ONDIT. CITY OF SALEM, MASSACHUSETTS oS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR v { SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL C> MAYOR C January 3, 2008 1 Decision City of Salem Zoning Board ofAppeals 31> rn r y. Petition of Tri-City Sales, Inc and Tri-City Realty requesting a Variance to allow two (2) principal buildings and uses on the lot located at 262-272 Highland Ave [R-1 and B-21. A public hearing on the above Petition was held on December 19, 2007 pursuant to Mass General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Rick Dionne and Steve Pinto. Petitioner seeks variances pursuant to section § 2-2 of the Salem Zoning Ordinance to allow two principal buildings and uses on one lot. Statements of fact: 1. Attorney Joseph Correnti, presented the petition on behalf of Tri City Sales, Inc and Tri-City Realty for the property at 262-272 Highland in the R-1 and B-2 Zones. 2. Plans accompanying the petition are entitled "Tri-City Plaza Layout and Materials Plan", Sheet C-2, dated November 13, 2006 revised December 11, 2006 prepared by Christopher Iannuszzi, PE. 3. This project has been reviewed by the Salem Planning Board and received approval by a decision dated April 9, 2007. The project involves the demolition of the existing Tri-City Sales building and the construction of two (2) new buildings, one for CVS/pharmacy and the other for Tri-City Sales/Dunkin Donuts. There are no proposed changes to those plans or that decision. 4. The purpose of this petition is to allow for the construction of each of the new buildings prior to the actual subdivision of the lot. The intent of the owners, as show on the plans, is to divide the site into two lots: Lot A, the CVS lot; and Lot B, the Tri-City Sales lot. 5. The underlying land is comprised of a mixture of 14 registered and recorded parcels, which makes the subdivision subject to Land Court Approval. A petition has been filed with the Land Court but the timing of such approval is unknown. The petitioner is requesting variances as not to lose the entire construction season. 2 6. Lot is defined in the Salem Zoning Ordinance as follows: Art. II, § 2-2 "Lot: A parcel of land occupied or designed to be occupied by a principal building and the accessory buildings or uses customarily incident to the principal building, including such yards and other open spaces as are arranged and designed to be used with such buildings. Such lot shall have frontage on an improved public street and may consist of a single lot of record, a portion of a lot of record, or a combination of such lots or portions of lots of record,provided that such lot is used for only one (1) principal use." The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship preventing the project to move forward as scheduled. 2. There are circumstances relating to the land, specifically it's registration and the approval required by the Land Court, which does not generally affect the zoning district in which it is located. 3. The approved project would not be changed by this decision and this decision would allow the approved project to go forward as planned; therefore desirable relief may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including,but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To enable the approved project to go forward, the petitioner may vary the terms of the Salem Zoning Ordinance § 2-2, specifically the terms limiting the number of principal buildings and uses per lot to one (1). 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor(Stein, Debski, Dionne, and Pinto)none (0) opposed, to grant petitioner's request for a va -ance r' subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codeswand regulations. D o.= 3 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner and as previously approved by the Planning Board. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to,be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. 8. This request is being granted only for the plans approved by the Planning Board in decision dated April 9, 2007 and is not meant to allow for any other principal uses. Robin Stein, Chair Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. .. r, rn3: J WILLIAM STARCK ARCHITECTS, INC 114 Durfee Street, Fall River,,MA 02720-tel (508)679-5733 fax(508)672-8556 September 19, 2007 Tom St. Pierre, Building Commissioner Public Properties Department Building Office Salem, MA 01970 Re: Tri-City Plaza — CVS Pharmacy Salem, MA Dear Mr. St. Pierre: Attached please find the following: • Construction Control Affidavit, dated September 13, 2007, stamped and signed by Richard C. Letendre: • Construction Control Affidavit, dated September 19, 2007,"stamped and signed by Dennis A. Gaudreau. • Construction Control Affidavit, dated September 12, 2007, signed by Thomas P. Grafe. Also, attached please find Construction Control Affidavit, dated September 11, 2007, stamped and signed by William C. Starck, sent via fax on September,11, 2007. Very truly yours, T AR HITECTS; INC. Christopher Hollis Associate ' CEH/em a Enclosure . Doc:BldglnspCCA'sLet .. CC: Russ Benassi NERCO. -- r William C.Starck;Principal-Christopher E.Hollis,Associate-Jeffrey A. Kem,Associate-Dennis V. Raposo,Associate LETENDRE CONSULTANTS 79 North Main Street•Mansfield, MA 02048 •tel. (508)339-4444•fax(508)339-4442 CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: N/A PROJECT TITLE: Tri-City Plaza - new 12,900 s.f. CVS/pharmacy Building & new 10.400 s.f. Tri-City Sales Building PROJECT LOCATION: Corner of Highland Ave& Marlborough St. NAME OF BUILDING: Tri-City Plaza SCOPE OF PROJECT: Construct two new stand-alone buildings i In accordance with Section 116.0 of the Massachusetts State Building Code, I, E,c�Alpri[1 C 1 i Mass. Registration No.,9 81 67. being a registered professional, hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Entire Project— Architectural— Structural— Mechanical_ Fire Protection— Electrical Ae, Other(specify) For the above named Project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on periodic basis to determine that the work is proceeding in accordance with the documents approved for the building permit and shall be responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. Upon completion of the work, 1 shall submit a final report a e i m OF MAss9 readiness of the Project for occupancy. RICHD C. cy� LETEARNDRE Sign No. 28162 Commonwealth of Massachusetts0'1sTE��O�� County of Bristol FFssi On this qday ofJ` before e undersigned notary public, per ovally appeare , proved tome through satisfactory evidence of identity, which was/were to be the person(s ame(s)w /were signed on th preceding or ttach 'd do ent in my presence. Signe 7 riot E LOZ'Sr'AON saildx3 uopslwwo:l Aw My commission expires: suesnpossewlogrsmuowwo)Ar A ,� — , , , RIP :)Ilgnd AXION 318 31NV13w ARH ENGINEERING INC. PO Box 328 Sagamore Beach,Massachusetts,02562•tel.(508)888-5461 •fax(508)457-0092 CONSTRUCTION CONTROL AFFIDAVIT PROJECT TITLE: Tri-City Plaza-new 12,900 s.f. CVS/pharmacy Building&new 10.400 s.f.Tri-City Sales Building PROJECT LOCATION: Corner of Highland Ave&Marlborough St. NAME OF BUILDING: Tri-City Plaza SCOPE OF PROJECT: Construct two new stand-alone buildings In accordance with Section 116.0 of the Massachusetts State Building Code,1,Dennis A.Gaudreau, Massachusetts Registration No.38067 being a registered professional engineer,hereby certify that I have prepared or directly supervised the preparation of all design plans,computations and specifications concerning: Entire Project_ Architectural_ Structural_ Mechanical X Fire Protection X Electrical_ Other(specify) For the above named Project and that,to the best of my knowledge, such plans,computations and specifications meet the applicable provisions of the Massachusetts State Building Code,all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on periodic basis to determine that the work is proceeding in accordance with the documents approved for the building permit and shall be responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings,samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit,and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. Upon completion of the work, I shall submit a final report as to the satisfac letion and readiness of the Project for occupancy. / o. WNIn. a " yG . Signed AU AU u ,9 FJo.38061 a y Notary: kssaNAL On this day of 2007,before me,A& e undersigned notary Print Notary Name public,personally appeared Dennis A.Gaudreau,proved to me through satisfactory evidence of identity,which was a driver's licen to person who name w igned above in my presence. ��s— — MELANIE DUARTE Sign My commission expires: Notary Public otary Signature My Commission Expi es Nov,15,201 C. A. PRETZER ASSOCIATES, INC. 50 Freeway Drive, Cranston, RI 02920—tel. (401)785-2690-fax(401)461-9360 CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: N/A Tri-City Plaza - new 12,900 s.f. CVS/Pharmacy PROJECT TITLE: Building & new 10.400 s.f. Tri-City Sales Building PROJECT LOCATION: Corner of Highland Avenue & Marlborough Street NAME OF BUILDING: Tri-City Plaza SCOPE OF PROJECT: Construct two new stand-alone buildings In accordance with Section 116.0 of the Massachusetts State Building Code, I, Thomas P. Grafe, Mass. Registration No. 38286, being a registered professional, hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Entire Project _ Architectural _ Structural I Mechanical Fire Protection_ Electrical _ Other(specify) For the above named Project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further. certify that I shall perform the necessary professional services and be present on the construction site on periodic basis to determine that the work is proceeding in accordancewith the documents approved for the building permit and shall be responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. Upon completion of the work, I shall submit a final report as to the satisfactory completion and readiness of the Project for occupancy. Signed Commonwealth of Massachusetts County of Bristol l On this day of Se�ftm�PJ 2Q07, befRre me, SttKa.n J, fittf"r;`i&nithe undersigned notary public, personally a eared T/1/)m2sa{e proved to me through satisfactoryevidence of identity, whichas were to be the person(s) whose name(s) was/were signed on the preceding or attached document in./m-y presence. Signed: 'A (1,u� �(/i 1Lt.� Printed Name of Notary Su5a.n Mani"r FMy commission expires: 7/ '✓��G/D ED WILLIAM STARCK ARCHITECTS, INC. 114 Durfee Street• Fall River, MA 02720 •tel. (508) 679-5733 • fax (508) 672-8556 CONSTRUCTION CONTROL AFFIDAVIT PROJECT NUMBER: N/A PROJECT TITLE: Tri-City Plaza - new 12,900 s.f. CVS/pharmacy Building & new 10.400 s.f. Tri-City Sales Building PROJECT LOCATION: Corner of Highland Ave & Marlborough St. NAME OF BUILDING: Tri-City Plaza SCOPE OF PROJECT: Construct two new stand-alone buildings In accordance with Section 116.0 of the Massachusetts State Building Code, I, William C. Starck, Mass. Registration No. 3643 being a registered professional Architect, hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: Entire Project _ Architectural X Structural_ Mechanical _ Fire Protection_ Electrical_ Other(specify) For the above named Project and that, to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved for the building permit and shall be responsible for the following as specified in Section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. 1 shall submit periodically a progress report together with pertinent comments to th 'ding Inspector for the Town of Salem. Upon completion of the work, I shall submit a final re atisfactory completion and readiness of the Project for occupancy. a o, Commonwealth of Massachusetts County of Bristol QQ��! "this, day of 2007, before me, the tlnQeisigp��i1•notary public, pe ovally appeared proved to me through ,.. satisfaptofy @4ldence of ide ity,which was/were to be the pg 9s ' 'h e ame(s) s/wer signed on th preceding ttached docu nt in my presence. Slgrfe d Na��a M corl 16 hmis ion ex fres: Notary Publ c p MyGommis Exp1mN"�i 2013 29 O g \\6 G - . 1111•. �3 12,33 . v �5 P Dgg gq 939 i' 6� 35 641 m -- ; N1 8 0 38 96 " 52 N ll .955 00 8195 . °o N Y �. O 1215 125 0 0 �o.s A 861 0 �P O E� ` 9 R� by Is SZ � V b8O g9P c ws_s i A .,. s � Of GJq 123 �, \13 OA0 X5036 N m �A a 55 66 8 a 9129 6063 56B NI o �6 6 59 v \ A116 / 3 5920(04 bo j9 5319 pzb O 1 �ox ry / 1 �� 9y_9 _ ♦ BOJ / / 9u 'o �� 51 t20 V/ \ `O0 y ry01 S 0 3 / / ro 1 ti. / \ } e4 \ ic- f \\\�cc I33 ♦`, x+ A� ��w �) �„ ' � �' -`""'natrS"�•,`-. u . ^4� �,.,�:n..: mss* -.=3'A m•1� � �.�•..: •�'�� ..• .. ��".�, Cite of 6atem, A1ag!5arbugett!9 z` public Vropertp Department JBuilbing Department One sbalem Breen (978) 745-9593 text. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 2, 1999 Tri City Sales 272 Highland Avenue Salem, Ma. 01970 RE: 272 Highland Avenue To Whom it May Concern: Due to continuing neighborhood complaints, we must require you to cease storing junk on your property. The City of Salem Ordinance 34-86 defines a Junk Dealer and Ordinance 34-87 requires City Council to authorize a license. Without a Junk Dealers License, it is prohibited to store junk on your property. Please cease this use within thirty (30) days. Failure to do so will result in legal action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Si rely, Thomas St. Pierre Assistant Building Inspector COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS lug DEPARTMENT OF ENVIRONMENTAU N Metropolitan Boston—Northeast Re giQga Q(fice 9, 54 ARGEO PAUL CELLUCCI SALEM BOB DURAND Governor �'��`�I�i'�,�!�=. �-i'�. Seue terry JANE SWIFT Lauren Liss Lieutenant Governor Commissioner Date: 28 February 2001 Salem Conservation Commission Re: Salem- Wetlands Salem City Hall Possible Violation of the I Salem Green Wetlands Protection Act, Salem, MA 01970 MGL Ch. 131, s. 40 Dear Commissioners: On February 28, 2000 this office received information concerning a possible violation of the Wetlands Protection Act at the following location: Behind Tri-City Sales; 272 Highland Department records indicate that: (X) Work may be proceeding in a Resource Area and/or Buffer Zone without a Notice of Intent and/or Order of Conditions on file with DEP. ( ) Wgrk is possibly in violation of an Order of Conditions,DEP File No._, issued on by_Conservation Commission. The work reported to be taking place is described as follows: Dumping of old refrigerators in Wetland The Department requests your assistance in this matter. Please advise the Department of your finding and intentions in pursuing this possible violation. The Wetlands Protection Act grants the responsibility to local Conservation Commissions to administer the Act and the Regulations, 310 CMR 10.00 promulgated thereunder, to protect the"interests"identified in the Act. If work is approved under RFD please submit copy of filing and Determination to the Department If you have any questions,please contact Michael Abell at(978) 661-7811. Sincerely, cc: DEP Div Solid Waste c i� s This information is available in alternate formol by calling our ADA Coordinator at(617)5746872. 205A Lowell St. Wilmington,MA 01887 a Phone (978)661-7600 a Fax (978)661-7615 a TDD#(978)661-7679 Pnrlted on Recycled Paw CITY OF SALEII MASSACHVAgTFr&ALEM+ MA • BOARD OF APPEAL CLERKS OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 .2005 SEP 22 P 2' O 1 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 276 HIGHLAND AVENUE B-2 A hearing on this petition was held on September 7, 2005 with the following Board Members present: Richard Dionne, Edward Moriarty, Steven Pinto, Robin Stein and Bonnie Belair Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit for an ATM Machine as wall as dimensional relief from lot width and side yard to construct a new Bank for the property located at 276 Highland Avenue located in an B-2 zone. Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land structures, and used, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting the lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 276 HIGHLAN D AVENUE B-2 page two The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. The property located in the Business 2 zoning district and being part of the Entrance Corridor Overlay District is owned by the Salvation Army and was most recently used as a thrift store. 2. The applicant and property owner are prepared to enter into a long-term lease for the property. 3. The plans submitted with the application and the amended plan submitted at the hearing depict a new 3,500 square foot building to be constructed on the property and to house a Citizens Bank. 4. The property is located on a corner lot abutting three public ways and has an irregular shape. 5. The proposed building overhang is 27 feet from the side yard lot line. The building is 30.2 feet from the side yard lot ling. 6. The width of the property is approximately 86 feet. The required property width is 100 feet. 7. The applicant was represented by George W. Atkins, III Esquire who introduced the project and explained that the current large building would be removed and replaced with the proposed 3,500 square foot building. 8. Attorney Atkins presented that the proposal would positively impact existing traffic flow around the site. Attorney Atkins further indicated that at the request of the Planning Board during the site plan review process, the existing curb cut adjacent To the corner of Highland Avenue would be eliminated. 9. All traffic would enter the site from a curb cut located on the northerly end of Marlborough Road. 10. Traffic coming into the site would be oriented in a counterclockwise direction around the building and out onto Marlborough Road. 11 Dan Mills, a Traffic Consultant with MDM Transportation Consultants presented the findings of a traffic study of the site. The actual traffic analysis report was not submitted for review by the Board. 12.Mr. Mills indicated that overall the project would result in an 18% decrease in weekly traffic and that peak hour traffic will be consistent with historic use. DECISION OF THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 276 HIGHLAND AVENUE B-2 page two 13. Member(s)of the Board expressed extensive concern about the existing traffic problems at and near the site and the increased draw to the property with the addition of a drive-thru bank. 14. Member(s) of the Board were pleased that the application indicated to enter into a long-term lease. 15. At lease one Board Member expressed interest in further reviewing the traffic study prepared for the applicant. 16. The applicant indicated that he had not been in contact with the Massachusetts Highway Department regarding it's work to improve traffic signaling in the area. 17. David Cohen, the owner of Tri City Sales and a 50-year abutter to the property spoke in favor of the proposal. On the basis of the above findings of fact, and on the evidence presented, the Board Of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Variance is denied. Variance & Special Permit Denied J September 7, 2005 Robin Stein, Member C�CJ Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is any shall be made pursuant to Section 17 of MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal have been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. 8 CITY OF SALEM, MASSACHUSETTS STANLEY J. LISOVICZ, JR. MAYOR DATE: April 10, 2002 TO: Tom St. Pierre Public Property Department FROM: TJCiales ef of Staff, Mayor's Office RE: T I just had a meeting with Councillor O'Leary, Leo Jodoin, Mike Dennedy and Roger Legere. They had questions regarding Tri-City Sales. First, does the variance from the Board of Appeals on the parking lot allow Tri- City to park commercial trucks either owned by them or by Salem Floor Covering in their lot, or is it only for customer parking? Could we have a copy of the map that was provided by the Board of Appeals on that decision? Finally, the letter sent on February 26 regarding the business operator on Marlborough Road,the screening—has that issue been resolved? Do they have a time frame for when they are going to put up the screening, or is it going to court? Thank you for your cooperation and in advance for your prompt response. , SALEM CITY HALL- 93 WASHINGTON STREET•SALEM, MASSACHUSETTS 01970-3592•978/745-9595•FAX 978/744-9327 -t OP-2002-0072 Building Permit No.: 457-2001 Commonwealth of Massachusetts City of Salem BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT This is to Certify that the BUSINESS located at Dwelling Type 0272 HIGHLAND AVENUE in the CITY OF SALEM -- ----------- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Dunkin Donuts This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ------------ -------- - - -- - - -----'—i--- Issued On: Wed Feb 20 2002 - ------------- -- �Zd GeoTMS®2002 Des Lauriers Municipal Solutions,Inc. -------------- ------ ------------ 0272 HIGHLAND AVENUE 457-2001 GIS s: 42 _ % .COMMONWEALTH OF MASSACHUSETTS Map: 08 j Block: CITY OF SALEM Loi: 0100 Permit: Building Category: 437 Nonresidential ad BUILDING PERMIT Permit# 457-2001 Project# JS-2002-0978 Est. Cost: $140,000.00 ' Fee: $1,445.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: Homeland Builders Inc General Contractor-Salem#2107 Lot Slze(sq. ft.): 34776 Owner: TRI-CITY REALTY INC Zoning: 12 Applicant: Homeland Builders Inc Units Gamed: AT: 0272 HIGHL7VD AVENUE Units Lost: ISSUED ON. 26-Dec-2001 EXPIRES ON. 26-Jun-2002 TO PERFORM THE FOLLOWING WORK: Renovate/expand donut shop per plans submitted.T.J.S. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: Meter: Footings: Foundation: / \ o /��S�Oo? oil House# Rough Frame: Fin _ Final: Fireplace/Chininey: Insulation: L 5al Fire Dppart nt Board o ealthFinal: 01'V ��Oil: / reasury: SmokeO Excavation: Q� THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: ✓ `� Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2002-001043 20-Dec-01 3773 $1,445.00 Ina,;?ORTANT—' t,ij irlspect.on is R Q RE Upon completion of Wolk, please call 745-9595 Ext. 385 GeoTMS®2001 Des Lauriers Municipal Solutions,Inc. �I �> f 3 4. �/�nn�� YSpYE AO CITY OF SALEM BUILDING PERMIT .�o CITY OF SALEM, MASSACHUSETTS ,fes PUBLIC PROPERTY DEPARTMENT - 120 WASHINGTON STREET, 3RD FLOOR . a SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR June 13, 2002 Tri City Sales ATTN: Tom/Rick 272 Highland Avenue Salem, Ma. 01970 Gentlemen: Please be advised, your tenant Jay Reddy, living next door at 18 Marlborough Road cancelled the scheduled inspection. He referred me to his Attorney Emmanuel Paparickolas. Please be advised under the authority of the State Building Code 780 CMR, Section 115.6 and inspection is required for all structures of this property. The inspection is scheduled for Tuesday morning June 18 at 10:00. Please have all areas available for inspection Failure to arrange this inspection will result in a complaint being filed in Salem District Court. Thank you for your anticipated cooperation in this matter. Sincerely, C'4-0�""q Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor O'Leary Fire Prevention .�o CITY OF SALEM9 MASSACHUSETTS Hg PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR . .y.,. SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR py February 26, 2002 Tri City Sales 272 Highland Ave Salem Ma. 01970 Dear Owners: As you are aware, this Department has tried to work out resolutions to the ongoing concerns of your neighbors. Councillor O'Leary has also been involved. Last week, per our request, you moved the trailer from the residential property to your parking lot. Immediately, we received calls from the neighbors stating that the trailer is in the wetland buffer zone. I checked with the Conservation Board. The area adjacent to your parking lot is an "Isolated Wetland" The trailer cannot remain in the Buffer Zone. Furthermore, your Parking lot is located in a R-1 Zone. We have a Board of Appeals decision dated October 19,1983 which affirms your right to use the area next to your building for parking. Salem Zoning Ordinance 8-3 also protects the non conforming use, but does not allow any additional uses. The trailer cannot remain in the parking lot either. At this time it would appear no compromise is possible with your neighbors. I appreciate your efforts to resolve these matters, but at this time I must follow the letter of the law. I.Business uses at 18 Marlborough Road. You are directed to cease all business uses, storage buildings and parking of commercial vehicles Within 30 days. 2.Parking Lot and adjacent "isolated wetland and buffer zone. You are directed to remove the trailer within 10 days. 3.Dumpster Screening. City of Salem general ordinance 24-23 requires the screening of your dumpster area. I have enclosed a copy of this ordinance.You are directed to begin this screening within 30 days. Failure to comply with any of these orders will result in Municipal Ordinance fines being issued daily and a complaint being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas J. St.Pierre Local Building Inspector cc Mayors Office Tom Philbin, Chief of Staff Councillor O'Leary Planning Department Health Department Feb 26 02 01 : 19p Salem City Clerk 's Office 976-740-9209 p. 1 In the year two .tiwueand �tt (®ldittgnreTo amend an Ordinance relative to Dumpsters Be it ordained by the City Conn61 of the City of Sateoa, a$ follows: cStrttan 1. The Salem Code of Ordinances are hereby amended by adding the fallowing new Section, to Chapter 24, Offenses and Miscellaneous provisions: Section.24-23 DUMPSTERS Dumpster shall mean any receptacle used for the collection, storage and/or transportation of rubbish, garbage, materials to be recycled, including but not limited to used clothing, and other substances and materials, with a lid or covering. Dumpster Owner shall mean and refer to the person(s) having title to the land upon which a dumpster is located. Enforcement, issuance,fees. The Building Department, Board of Health, and the Fire Department are hereby designated as the enforcing agencies of this section, according to their respective powers and duties. Any permit required under this section shall be issued by the Building Department on an application provided by said Department. Location. Each dumpster must be located at a distance from the lot line, so as not to interfere with the safety, convenience, or health of abutters, residents and the general public, and not to damage the physical integrity of the curb and sidewalk. The location of dumpsters shall be subject to approval of the Building Department and the Fire Department. Screening. All dumpsters visible from a public way or located in a residentially zoned area or within 50 feet of a residentially zoned area shall be enclosed or screened. Feb 28 02 01: 19p Salem City Clerk 's Office 978-740-9209 p. 2 Hours for use; protection when not in use. No dumpster shall be filled or emptied between the hours of 11:00 p.m. and 7:00 a.m., unless special circumstances are shown to the enforcing agencies, who then at their discretion may grant an extension of time. All dumpsters must be covered and secured at all times, except during the actual filling and emptying thereof. Size. Each dumpster shall be of sufficient size and capacity, shall not be filled to overflowing and shall avoid noisome odors. The dumpster owner or his agent utilizing the dumpster service must take appropriate action to immediately cause the dumpster to be emptied of its contents when full. The Building Department may refuse or revoke a permit; if in its discretion, the size or capacity of the dumpster does not fulfill the requirements of the Department. Obstruction or traffic. Each dumpster shall be situated so as not to obstruct the view of vehicular or pedestrian traffic. No dumpster shall be placed or parked on a public way. If in the opinion of the Building Department, the primary Department responsible for issuing permits, and the concurring approval of the following departments; public works, police chief, and fire chief, that a condition, constituting an emergency exists requiring the temporary placement of a dumpster on a public way, then a temporary permit may be issued. If a temporary permit is issued for parking a dumpster on a public way, then such dumpster shall be clearly illuminated at night by lights or reflective materials. The police chief, or his designee, may require additional illumination. The police chief or his designee is hereby given authority to remove a dumpster from a public way that does not meet the requirements of this section or presents a threat to public safety. The cost of removal and storage of the dumpster shall be paid by the dumpster owner. Maintenance. It shall be the responsibility of the dumpster owner to maintain the dumpster area free of odors, scattered debris, overflowing and all other nuisances. If the dumpster owner is notified that the dumpster upon his property is in violation of any of the foregoing offenses, the dumpster owner shall within twelve (12) hours of notification cause the offense to be remedied or shall be in violation of this section. Permit required, term. reo eb ue ul: iup Salem City Clerk 's Office 979-740-9209 p. 3 A dumpster owner shall submit an application for each dumpster in use upon his property. The owner may be required to submit a plot plan indicating the location of the dumpster(s)to the Building Department for each dumpster in use upon his property. All permits shall expire at the end of the calendar year in which they were issued, but may be renewed each year on application as herein provided. The name and address of the owner and designee shall be kept on file in the Building Department. Owners permit. No dumpster owner shall have, or maintain a dumpster on public or private property without obtaining the proper permits from the Building Department. It is the responsibility of the dumpster owner to ensure that all other licenses and permits required by the city have been obtained. The issuance of a dumpster permit shall under no circumstances be construed as a waiver from any other permit, or license required, not any of the requirements,provisions, or regulations thereunder. Temporary Dumpsters No permit shall be required for the placement of a temporary dumpster (roll-off or gondola type) provided that the following circumstances apply: 1) the dumpster will be utilized for no longer than 30 days in connection with construction, demolition, fairs, carnivals or for other similar temporary needs. 2) The dumpster shall not be located on a public way or public property. 3) The individual shall comply with all the provisions of this division which are applicable to the operation of the dumpster. Deodorization. The contractor shall have the dumpster deodorized when emptied, washed or sanitized as directed by order of the Board of Health. Application of division. This section shall apply to all dumpsters used anywhere within the corporate limits of the City of Salem. Modifications, suspension, revocation of permits. Permits may be modified, suspended, revoked or recalled by the enforcing agencies at their discretion for failure of the owner to comply with the provisions of this section. Feb 26 02 01: 20p_ Salem City Clerk 's Office 979-740-9209 p. 4 Violations Any violation of this ordinance may result in a fine of up to$100.00 per day. Each day the violation continues constitutes a separate offense. Section 2. This Ordinance shall take effect as provided by City Charter. In City Council September 28,-'200'0 Referred to the Committee on Ordinances, Licenses, and Legal Affairs In City Council October 11, 2001 Adopted for first passage In City Council October 25, 2001 Adopted for second and final passage Approved by the Mayor on November 1, 2001 ATTEST: DEBORAH E. BORRINSHAW CITYCLERK CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR January 10, 2002 COPY Tri City Sales 272 Highland Avenue Salem, Ma. 01970 Dear Mr. Cohen: I am writing this letter in an attempt to resolve the long-term complaints we have been receiving from your neighbors. The most serious of these, is the zoning violation that has existed on the property you own adjacent to your parking lot. We would like to set up a meeting at our office at your earliest convience. Thank you for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector cc: Mayors Office Tom Phillbin Councillor O'Leary f. Ct-q of Salem, fflttssarlruutts In 'electrical LBtpartmerrt VaW AL Tuttlr Ctg Erciritian 44 '7liafanette o$t. „$nlen4 Maes. 01970 .°Area &be 617 745-6300 November 28 , 1995 ACME SIGN COMPANY 276 Highland Avenue Salem, Massachusetts 01970 Re : Mill Hill Beverages 274 Highland Avenue SIGN PERMIT Building Permit #277-1994 Dear Sir : Please be advised , you are in violation of the Massachusetts Elec- tric Code: 1 . The installation of wires underground without an inspection from this Department. 2. No electric permit has been taken out by a licensed electri - cian. All electrical work shall be done by a licensed e- lectrician with a permit fron this Office. Failure to respond , could result i.n termination of electric service . Your cooperation in the ab-o-C matter will be greatly appreciated . Yo s truly , Paul M. Tuttle City Electrician cc : David Shea , Chief Adm. Aide Leo Tremblay, Building Inspector Robert Ledoux , City Solicitor Mill Hill Beverages Michael Dennedy , 4 Orleans Ave. , Salem, Ma . 01970 Leonard O ' Leary, Councillor Ward Four PMT/m rn�e�e�, e�;, cs 7 1} (F St 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 January 29, 2001 Major Leo Lloyd Salvation Army 209 Broadway Saugus, MA 01902 Dear Major Lloyd: On January 8, 2001, 1 conducted an inspection of the Salvation Army Store, 274 Highland Avenue,for compliance with the Board of Health's conditions for rear collections at this location as delineated in its letter dated November 9, 2000. During that inspection it was observed that some of the required signage was not in place. In addition, the Board had received complaints that the barrier to the parking lot had not been replaced after plowing. The manager, Cindy Maietta, said she would be sure that the person doing the plowing understood that he must replace the fence when the plowing was done. On January 17, 2001, at the request of the Ms. Maietta, I conducted another inspection. At that time all conditions of the November 9,2000 Board of Health letter had been met. Ms. Maietta said that, at your instruction, collections had already begun in the rear of the building. She believed that you asked her to do this because the conditions had been met prior to my inspection. Please be advised that in the list of conditions you and Attorney DiMento signed, such collections were not to begin until I did a final inspection. I informed the manager that the Salvation Army Store could begin collections in the rear of the facility in compliance with the Board of Health conditions. Sin erely yours„ Foanne Scott, Health CC: Attorney William DiMento Neighbors Leonard O'Leary, Ward 4 City Councillor Jim Gilbert, Assistant City Solicitor Joseph Walsh, Mayor's Office Peter Strout, Building Department Denise Sullivan, Planning Department Cite of qbalem, Ifla.5garow5ett5 t � Public Propertp MLpartment �3uilbing Mepartment elle 9palem oreen (978) 7459595 ext. 330 Peter Strout Director of Public Property Inspector of Buildings COPY Zoning Enforcement Officer U September 8, 1999 Michael Dennedy 4 Orleans Avenue Salem, Ma. 01970 RE: Tri City Sales Dear Mr. Dennedy: Pursuant to your complaint relative to Tri City Sales storing old appliances in the rear of their building, we feel they have resolved the issue by installing a fenced in area per your request. As far as the issue of the dumpster complaint, first of all that area is not in the entrance corridor overlay district so that ordinance does not apply. Second of all they have positioned those units in the rear so that they can not be seen. After many inspection of the property due to your complaints and finding nothing, I feel that Tri City Sales is in compliance. Sincere] Peter Strout Zoning Enforcement Officer I- � . v r Cite of *afem, f aggarbu5eto 1` I� Public Propertp Mepartment Wuilbing 3Bepartment One fpalem Oreen (978) 7459595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 11, 2000 Salvation Army Maj. Leo Llyod 209 Broadway Saugus, Ma. 01902 RE: Salvation Army Store Highland Avenue This department placed a stop work order on the lower level of your above mentioned property. Responding to a complaint, I inspected the lower level and observed a customer dropping off donations. At the same time I observed new walls that were under construction. Please be advised the construction is a violation of State Building Code 780 CMR, Section 101.1 titled permits. Also, using the lower level for everything other than storage will trigger the need for a site plan review. Additionally, inviting the public into the lower level would trip a number of building code and handicap access issues. The City of Salem Building and Planning Departments have held discussions about this issue for more than (2) two years. The final item was the construction of new doorway at the top of the stairway. The construction of this doorway interferes with an egress doorway. You are directed to remove this doorway immediately. Failure to comply will result in court action being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector cc: Joe Walsh Councillor O'Leary Cindy Miaette, Salem Manager Salvation Army r � P cM T C q '�a mmJ `r9 e�/Mlryg CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS, CHO NINE NORTH STREET HEALTH AGENT Tel (978)741-1800 Fax:(978)740-9705 October 4, 2000 Major Leo Lloyd Salvation Army 209 Broadway Saugus, MA 01902 Dear Major Lloyd: The Salem Board of Health has received numerous complaints regarding the property owned by the Salvation Army at 274 Highland Avenue, Salem, Massachusetts. On Sunday, September 10, 2000, 1 observed a very large quantity of trash and debris at this location. This trash consisted of, in part, broken furniture, a rusted lawn mower, and numerous bags of clothing whose contents were distributed across the parking lot. At that time I spoke with two Salvation Army workers who were placing the debris in a truck. They told me that they had filled one truck earlier that evening with similar items. On Friday, September 22, 2000, a meeting was held at the Highland Avenue location with you, other members of the Salvation Army organization, your attorney, members of the City of Salem Building and Planning Departments, and with me. At that time I explained that dumping of clothing and debris constituted a public health nuisance. You and the other representatives of the Salvation Army gave assurances that there would be monitoring of the dumping situation by your staff seven days a week and that your staff would be responsible for patrolling the perimeter of your property and removing any discarded items. On Monday, October 2, 2000, Senior Sanitarian Jeffrey Vaughan, observed discarded dishware, a television, furniture, and clothing distributed about the parking lot. On Wednesday, October 4, 2000, 1 observed plastic bags of clothing torn open with the contents distributed in the area of you clothing dumpsters. Therefore, in accordance with Massachusetts General Law (MGL), chapter 111, sections 122, 123, and 150A, the Salem Board of Health determines that the dumping of trash and solid waste at your property creates a public health nuisance and a solid waste facility. Consequently, you are hereby ordered to remove the nuisance by ceasing all collection operations, including but not limited to clothing, furniture, and household items, and by removing the clothing dumpsters forthwith. Failure to do so will result in a criminal complaint being sought against you in District Court and may result in daily fines of up to $1000.00 under MGL 111, sections 123, and up to $25,000 under MGL 111, sections 150A. 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. An attorney may represent you. 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 that any adverse party has the right to be present at the hearing. Sincerely yours, �-�altoe— LJoanne Scott Health Agent Cc: William Dimento, Attorney Cindy Maietta, Manager Leonard Milaszweski, Board of Health Chairman Joseph Walsh, Mayor's Chief of Staff Leonard O'Leary, Ward Councillor Peter Strout, Building Commissioner Denise Sullivan, Assistant City Planner CERTIFIED MAIL 11 Z 447 277 920 JS/sjk livered in Hand by Constable Jeffrey Vaughan on Wednesday, October 4, 2000 to Salvation Army 274 Highland Avenue Salem, MA. 01970 Att: Store Manager Cindy Maietta D Ca�1T � n a CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 November 6, 2000 Major Leo Lloyd Salvation Army 209 Broadway Saugus, MA 01902 Dear Major Lloyd: On October 4, 2000 in accordance with Massachusetts General Law, chapter 111, sections 122, 123, and 150A, the Salem Board of Health issued an Order to the Salvation Army regarding its location at 274 Highland Avenue. This Order required the ceasing of all collections and the removal of the clothing dumpsters because the dumping of debris and solid waste was creating a public health nuisance at this location. On October 23, 2000, at the request of the Salvation Army, a hearing was held to receive comment from representatives of the Salvation Army as to why the Board of Health Order should be modified, withdrawn, or remain unchanged. Present for the hearing were Joanne Scott, Health Agent; William Dimento, Attorney for the Salvation Army; Major Leo Lloyd of the Salvation Army; Scott and Janice Charlton, 11 Orleans Avenue; Sharon Driscoll, 2 Orleans Avenue; and John Pero, 13 Orleans Avenue. I served as Hearing Officer. Mr. Dimento presented information regarding a change in the original collections procedures whereby collections would take place in the lower area of the building, with someone on site during collection, and with arrows directing traffic. Mr. Dimento stated that the lower collection area would be fenced off when the operation was closed. Mr. Dimento acknowledged that the original collection operation had created a problem for the neighborhood. Several neighbors spoke. They described their concern with the lack of response they had experienced with the Salvation Army. They described their observations of clothing, and other articles, strewn about the area. r The Board of Health requested a detailed plan of the proposed collection procedure, with prior approval of other interested City agencies, by November 2, 2000. Mr. DiMento agreed to submit a plan by that time. Given the facts presented and given that no detailed plan has been submitted, my decision as Hearing Officer and Board of Health Chairman is as follows: • Collection boxes, or any other collecting receptacles, are not allowed on site, outside the building. • Any and all collections must be done during the Salvation Army's normal business hours. • All collections must be done through the main storefront entrance. • Salvation Army personnel must inspect the outside area and all items must be removed as soon as possible, but at least daily. This decision amends the Board of Health Order of October 4, 2000 and becomes the current Board of Health Order. Any violation of this order could result in daily fines of up to and possibly including, $1000.00; and/or injunctive relief sought in Superior Court. The Board of Health reserves the right to amend this order if, and when, a detailed written plan for the collection procedure, approved by the Building Department and other interested City agencies, is presented for review. All good faith efforts will be made to respond to the submission of such a plan in a timely manner. Sincerel yours, L onard ilasz ski Hearing Officer and Board of Health Chairman CC: Scott & Janice Charlton Sharon Driscoll John Pero Michael Dennedy Jim Gilbert, Assistant City Solicitor William DiMento, Attorney for Salvation Army Leonard O'Leary, Ward Councillor Joseph Walsh, Mayor's Office Peter Strout, Building Department Denise Sullivan, Planning Derpartment r Board of Health Conference Room 9 North Street October 23, 2000 Minutes of Hearing regarding Salvation Army, 274 Highland Avenue Present for the hearing were: Leonard Milaszewski, Board of Health Chairman; Joanne Scott, Health Agent; William Dimento, Attorney for Salvation Army; Major Leo Lloyd, Salvation Army; Scott and Janice Charlton, 11 Orleans Avenue; Sharon Driscoll, 2 Orleans Avenue; John Pero, 13 Orleans Avenue. At 6:00 PM, the Health Agent informed Mr. Dimento that there was a 7:00 PM meeting planned for the same room as the Hearing. Mr. Dimento told the Hearing Officer that he was surprised Major Lloyd had not arrived. Mr. Dimento said to begin the Hearing and Major Lloyd should come soon. The Hearing Officer offered to wait a few minutes more. The Hearing was called to order at approximately 6:10 PM. The Hearing was conducted in accordance with Massachusetts General Law chapter 30A, section 11. Leonard Milaszewski served as the Hearing Officer. The Purpose of the Hearing was to receive comment from representatives of the Salvation Army, 274 Highland Avenue, as to why the Board of Health Order of October 4, 2000 should be modified or withdrawn. This order delineated the public health nuisance created by the Salvation Army's Collection Operation and required the ceasing of all collections and the removal of the clothing dumpsters. The hearing was requested by Attorney Dimento. Mr. Milaszewski delineated the Hearing format. Ms. Scott read the Order letter of October 4, 2000 into the record. Ms. Scott stated that on October 21, 2000, she observed that the dumpsters had been removed from the site. She also stated that the Board of Health file regarding the Salvation Army at the Highland Avenue address had been copied and delivered to Mr. Dimento at his request. In addition, she gave Mr. Dimento another record of complaint from a business (which had been received previously but had not been in the file), and a copy of a letter received at the Board of Health office on October 23, 2000. This letter was a complaint from Dr. Alexander's office, 128 Highland Avenue, regarding the conditions of the Salvation Army property. Mr. Dimento stated: The Salvation Army was not present to contest the Order relative to the Collection Operation, they know something needs to be done about the dumpsters. The dumpsters are not intended for dumping. The Salvation Army is a large recycler and a large customer of Waste Management. The purpose of the request for a hearing was to discuss the proposed plan to use the back, lower area as the donation center, with someone on site during collection and with arrows directing traffic in the right direction. When that operation is closed, the proposal would call for fencing off the area by using removable sleeves. The current situation is definitely a problem, he, himself, saw someone standing in the bin presumably taking stuff out of it. The donation center has been discussed with the Building Department. Now the Salvation Army is waiting for contractors to do the work. Mr. Dimento continued: The Salvation Army agrees not to allow dumping, but believes it is beyond the authority of the Board of Health to order all collections stopped. The Salvation Army recognizes that it created a problem in the neighborhood. The clothing bins will not be back. Mr. Charlton stated: He is concerned that the situation had to reach this point [with Board of Health intervention], before anything was done about the problem. He had requested a meeting months ago with the Salvation Army to discuss their plans. The Salvation Army has been apprehensive about communicating with the neighbors and there was no response to the request for a meeting. The Salvation Army has demonstrated a general lack of concern for the neighbors. What if the fence is not allowed? If collections continue without a fence, there will be problems. Mrs. Charlton stated: She goes back and forth, by the property, about 12 times a day because of her work schedule. The site was 100% cleaner this past weekend and Labor Day weekend (because of the soccer tournament.) Generally, the place is an eye sore. She has seen workers standing around not directing people where to place their items for drop-off. Recently, late one night, she observed a woman naked from the waste down trying on clothes in the parking lot. She has seen people ripping through the bags looking for clothes to N take. She doesn't understand why trucks do not pick up dumped items more often on weekends. Instead, junk and strewn clothing from Saturday remains on site well into Sunday evening. Recently, the area smelled like fecal matter. Mrs. Charlton further said: She takes impeccable care of her property. She feels violated by the problems at the Salvation Army. People tell her at her work that the area looks filthy. The Colonel, who has since passed away, promised the neighbors that he would take care of it. The neighbors were not even aware that the Colonel had passed away. The Manager at the store has been rude to her and other callers. Mrs. Driscoll stated: She is concerned about area in back if that becomes the collection site. She can easily see into this part of the lot because her house is higher than that property. Mr. Pero stated: He has observed the problem. He is concerned that a real solution to the problem will not be found. He concurs that the dumping is a concern to him. Ms. Scott asked Mr. Dimento if there would be a problem regarding the fence because Highland Avenue is an Entrance Corridor. Mr. Dimento said no, he is very familiar with Salem's Zoning Ordinance. Mrs. Charlton stated that the management at the Salvation Army was angry and obstinate. She described a time when an employee had raked leaves onto the tree lawn behind the store. It is this area which she and other neighbors have spent time and money beautifying. She felt that this was meant to be an insult to her. Mr. Dimento said: He was taken aback by the comments regarding the current management. The [deceased] Colonel was a strong fellow. The current Major had been District Commander. He was a gentle soul who tries to satisfy people he works for. Mr. Charlton asked when would the neighbors meet Major Lloyd? If work is to be done at the site, why wait until after the work is done to meet with the neighbors? Why not meet before, so that neighbors concerns could be heard? Major Lloyd arrived at this time. He said he misunderstood where the Hearing was taking place and he went to a different location. Major Lloyd stated that he had extended an olive branch to the Italian neighbor next door to the store, and asked him to set up a neighborhood meeting. Mr. Charlton said that Mr. Fellacio was not a neighborhood spokesperson and that he never passed on the proposal of the meeting. He requested that he (Scott Charlton) be considered a spokesperson for the neighborhood and he would disseminate information from the Salvation Army. He said that the Salvation Army should meet with the neighborhood regarding its plans. Hearing Officer, Leonard Milaszewski, summarized the outcome of the Hearing. He will have a decision in writing by November 6, 2000, regarding modifying or withdrawing the October 4, 2000 Board of Health Order. He said that it would behoove the Salvation Army to communicate better with the neighbors. Mr. Milaszewski told Mr. Dimento that any plan for the collection area in the back must have approval from the appropriate departments, such as the Building Department, before he could consider it and incorporate it into his written decision. Mr. Dimento said that he understood. Mr. Milaszeski ended the Hearing at approximately 6:45 PM. Respectfully submitted, oan�tt Health Agent CC: Leonard Milaszewski Scott & Janice Charlton Sharon Driscoll John Pero Major Lloyd Attorney Dimento Leonard O'Leary, Ward Councillor Joseph Walsh, Mayor's Office Peter Strout, Building Department Denise Sullivan, Planning Department LAW OFFICES DIMENTO & DIMENTO CAROL A.G.DIMENTO 25 PITMAN ROAD WILLIAM R.DIMENTO SWAMPSCOTT,MASSACHUSETTS 01907 SABRINAA.HARMON (781)598-2500 OFCOU SEL (978)741-7467 ANITA M.POSS FAX:(781)598-2090 January 19, 2000 Mr. Peter Strout, Inspector of Buildings City of Salem One Salem Green Salem, MA 01970 Re: Salvation Army Thrift Store Dear Mr. Strout: This office represents the Salvation Army in all matters relating to the use of the property at 274 Highland Avenue, Salem. I am in receipt of a letter from you to the Salvation Army Thrift Store dated January 13, 2000. Please inform me of the provisions of the Salem Zoning Ordinance which you are alleging are being violated. I am available to meet with you at your convenience. Very truly yours, illiam R. DiMento WRD/dap M\Clients\Salvation Army\Strout-Salem Bldg Insp 1-19-OO.doc Citp of 6alem, Aamwbuattg �s Public Propertp Meparttnent Auilbing Mcpartment ®ne 6alem green (976) 745-9595 Ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 13, 2000 Salvation Army Thrift Store 274 Highland Avenue Salem, Ma. 01970 Dear Management: We have received two complaints that are violations of the City of Salem Ordinance that must be adhered to or action will be taken. 1. You are not permitted to install a side sign on Marlborough Road and we understand the installation of that sign was attempted. 2. We have also received complaints that state you are allowing the public to look at furniture in the lower level. These violations must stop at once. This department would like to receive documentation's insuring us that this will not happen in the future and that your conduct as a business will be in keeping with the surrounding neighborhood. Sincerely Peter Strout Building Inspector cc: Councillor O'Leary, Ward 4 Citp of Salem, fRam6atbuatt! Public Prapertp Mepartment Wuilbing Mepartment One 6alem &reen (978) 745-9595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 14, 2000 Michael Dennedy 4 Orleans Avenue Salem, Ma. 01970 RE: Salvation Army 272 Highland Avenue Dear Mr. Dennedy: In response to your complaint to the Building Department and Planning Department,both feel that site plan review does not apply to this project. This decision relates to the Salem Zoning Ordinance, Article VII, ss 7-19 #6, that states all new construction over two thousand square feet in nonresidential uses shall be required to be reviewed and approved under the provision of site plan review by the Salem Planning Board. As far as the use issue applies to site plan review,we feel the use is the same. With respect to the use on the lower level, we found that this use is ancillary to the primary use and permitted. But in no way can the public be allowed to access this area (See letter attached). Sincerely, Peter Strout Zoning Enforcement Officer n. rcnmIIlU Vv rlvUnUnI 1UUwUrrMyr01"CcI,nLLCrvnOIUCVVMLI UnMI Poo. ION PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MI AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTME APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETA REQUIRED FOR ALL CONSTRUCTION WORK. POSTED UNTIL FINAL INSPECTI 1.FOUNDATIONS OR FOOTINGS. 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS f MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL II 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTIO 1 1 2 2 BOARD OF HEALTH GAS INSPECTION A 1 OTHER CITY ENGINEER 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTH STAGES OF CONSTRUCTION. AS NOTED ABOVE. ,rjPr�.Er1 i Q-4' w s W r mea mit Permit Number PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK APPLICATION MUST BE SUBMITTED IN DUPLICATE, ONE SET TO BE FILED WITH THE PLANNING DEPARTMENT, AND ONE SET (BEARING THE APPROVAL OF THE PLANNING DEPARTMENT) TO BE FILED WITH THE BUILDING INSPECTOR. Location, Ownership and Detail'Must be Correct, Complete and Legible. Separate °$. Application Required for Every Sign. Application for Permit to Erect a Sign Salem, Massachusetts 4.21 19 d TO THE BUILDING INSPECTOR: The undersigned hereby applies for a permit to_Erect, x Alter, _Repair a sign on the following described building: Location and No. 274 Highland Ave. Zoning/District <fcx-)-,�) Name of Property Owner THE SALVATION ARMY Name of Sign Owner THE SALVATION ARMY /o Colonel Alan Thompson Address 209-233 Broadway, Saugus, MA If Owner is a corporate body, name of responsible officer Colonel Alan Thompson Name of Licensed Sign Erector John P. Vardaro/dba STONEHAM SIGN CO. Address 21 Spencer St. , Stoneham, MA Salem-License No.MA#CS003485 Use of Building: Ist Floor Donation/Retail 3rd Floor 2nd Floor 4th Floor Type of Sign: _Surface, _ Right Angles to Building, X_Free Standing Other (specify) Height: Sign Materials Aluminum casing, vinyl copy, angle iron frame Sign Dimensions 4 'x7 ' , 2 'x4 ' Sign Area 36 SF Existing Signs: Surface: Sign Area SF Right Angles: Sign Area SF Free Standing: 4 'x7 ' . 2 'x4Sign Area 36 SF Other: Sign Area SF Signs to be Removed: Type Sign Area SF Frontage: Building FT Property FT Signature of Owner Signature of Owner's Authorized Representative Address S�aNeBnK, S iGPGa, Estimated Cost Telephone 981 -438-2905 of New Work $ 1000 . 00 L& Signature of Property Owner APPROVALS: (-P� Salem Planning Department Superintendent of Streets Historical Commission ON REVERSE SIDE PLEASE SHOW SIGN SIZE, COLOR, LOCATION; LOCATION OF OTHER SIGNS AND BUILDING ENTRANCE. No................................. PLAN OF LOT APPLICATION FOR PERMIT FOR Show Location of Present Structure SHOW SIGN S I ZE, COLOR AND LOCATION ON BUILDING; ALTERATIONS, REPAIRS AND and Signs LOCATION OF OTHER SIGNS AND BUILDING ENTRANCE DEMOLITIONS y ................................................CLASS BUILDWG See attached plan. LOCATION i .............................ward...................... et at ' 0,Owner.......................................................................... , m ACOet.............................................................................. I CONDITIONS ; o .3 ............ � ... N . .�............................. .................................................................................... _: - __: _ ....... .... ..... ................................................................. . . . ...................................................................................... - fPermit Granted —` .. � 19.......... .................................................................................... 7' 4' • o ' 4' DONATION CENTER IT r GROUND n r cav� R ;S G.jPppvi n JM Y' � Sfti w3nf ...-§ti-.ata-rw� ....:��F� ... ,.w..mti�av c...au n-,�,od�` �.vt•a 51nr. ,.f��tr_� .. Y.'�. ...,�+i i rt.'.� t .v!,;;. t� y�tv� i JUN S ' 99 11 : 19 FP.OhI' STONEHAI9 SIGN CO PAGE . 002 STONEHAM SIGN CO. 21 Spencer St_ Stoneham, MA 02180 Phone/Fax 781-438-2905 John P. Vardaro June 3, 1999 , To: Mr. Peter Strout, Building Inspector Re: THE SALVATION ARMY, 274 Highland Ave. , Salem, MA. Per our telephone conversation on May 26, 1999, concerning changing the plexiglas faces in the existing ACME sign, located on Marlborough Rd. I am told that Lt. Colonel Alan Thompson has come to an agreement with the City Council Chairman, Mr. Lenny O'Leary and concerned neighbors, that the sign will be turned off at sunset each evening and that a fence is to be erected. If you should have any questions, please contact Lt. Colonel Alan Thompson at 781 -231 -0803x301 . Thank you, e- lva4e� i John P. Vardaro l' k* TOTAL PAGE . 002 - * JUN 0 '99 11 16 FRON STUNEHHN SIGN CO PHGE . 1301 r STONEHAM SIGN CO. 21 Spencer St. Stoneham, MA 02180 phone/Pax 781 -438-2905 John P. Vardaro Company City of Salem Planning Department Attention Ellen pubinsky Regarding THE SALVATION ARMY 274 Highland Ave. , Salem, MA From John Date June 3, 1999 Ellen, I am submitting this letter regarding an agreement that the Lt. Colonel Alan Thompson has come to concerning the ACME sign. Thank you John P. Vardaro (City of &afem, fumoarbuatto K Public Propertp Mepartment r> Wuilbing Mepartment One gpalem Oreen (978) 745-9595 Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 13, 2000 copy Rick Cohen Tri City Sales 272 Highland Avenue Salem,Ma. 01970 This letter is to follow up and confirm our telephone conversation on January 12, 2000. As we discussed,please be advised that commercial work and storage of commercial vehicles cannot take place on your property located at 18 Marlborough Road. This property is located in a residential one family area. Thank you in advance for your anticipated cooperation in this matter. Sincerely, / Thomas St. Pierre Local Building Inspector cc: Councillor O'Leary, Ward 4 pp CONgIT 77 ��rJy1N61 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 August 11, 1999 Fax:(978)740-9705 GlaudioSantos�mw ¢-BrookmeaCowtanej 4g, Georgetown,-MA,01833 5, Dear Mr.Santos In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00:State Sanitary Code,Chapter 1:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter It:Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property a r272pH1ghland^A�in the City of Salem, Massachusetts,Mark Tolman,Sanitarian of the Salem Board of Health on Tuesday,August 10,1999 at 10:30 A.M..The following violations of the State Sanitary Code were noted,as checked X CMR 410:600 Storage of Rubbish and Garbage CMR 410:601 Collection of Rubbish and Garbage CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations: See Enclosure(s) 410.600: Storage of Rubbish and Garbage (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with fight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material.Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-feting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence, in making its determination,the Department shall consider,among other evidence of strewn garbage, tom garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health(see 10410.840) CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem, Massachusetts 01970 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a dean and sanitary condition free of garbage,rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the fight to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the fight to use,are in fad using,or which s/he owns. Board of Health Regulation#7 Section 3.10: Containers or Bundles of Household and Ordinary Commercial Waste.Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied. No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. .. 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 inspectand obtain copies of all-relevantor 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. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the oocupant(s) or the general public. If you have any questions,kindly contact this office at(508)741-1800. For the Board of Health: Reply to: oanne Scott Mark Tolman Health Agent Sanitarian cBuildiing Inspector JS/sjk" ash 6 f ice..... .. - . .: .._. .. .. ... SALEM HEALTH DEPARTMENT y 9 North Street Salem, MA 01970 b4cn� Certified Trash Letter To: clat,alin sn"ins Date: 9/io/99 Address: y BracKmea,1.,m tome- Time: i0;30 ani City/State: GcegAaw" t MR o/A3R Property At: a�Z14"l Avg Violation Numbers: x/600: Storage of Rubbish and Garbage _601: Collection of Rubbish and Garbage _602: Maintenance of Areas From Rubbish and Garbage _BOH Regulation #7 Complaint: my i'm;„ -;en S oLe tical On rile .wiNe JUd5A<jlev1 11exk - 4v„rnSfev Mu lie L„foiTe� MoVeof�zp 1- / 4(xue_ ulok,44 nnw "inLNUPS +o 6XiS4- /A_ Azaa&Airx,� cAwAot, Glti� ho- ISSue�. a: _ward Counallor - Fre Prevention :1&-idng Inspector Mayors tiff oe: VIM, 3 � � CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 August 11, 1999 Fax:(978)740-9705 'LTri-0ityvRealty-ft. fb[oDavia-Cohen 272-Highland-Avenue :S„alem;"dA701970p Dear Mr.Cohen: In accordance with Chapter 111,Sections 127A and 1278 of the Massachusetts General laws, 105 CMR 400.00:State Sanitary Code,Chapter I:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property a427.2;BI0hITndSAven�We in the City of Salem,Massachusetts,Mark Tolman,Sanitarian of the Salem Board of Health on Tuesday,August 10,1999 at 10:30 A.M..The following violations of the State Sanitary Code were noted,as checked; CMR 410:600 Storage of Rubbish and Garbage CMR 410:601 Collection of Rubbish and Garbage -X CMR 410:602' Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulafion#7 Description of Violations: See Enclosure(s) 410.600: Storage of Rubbish and Garbage (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material.Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-Ring covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.Forpurposes of the preceding sentence,in making its determination,the Department shall consider,among other evidence of strewn garbage, tom garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health(see 10410.840) CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem, Massachusetts 01970 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Regulation 07 Section 3.10: Containers or Bundles of Household and Ordinary Commercial Waste Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied. No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. "- 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 documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. If you have any questions,kindly contact this office at(508)741-1800. For the Board of Health: Reply to: oanne Scott Mark Tolman Heald Sanitarian cc: Building Inspector dSlsjk o-g-o-asn J SALEM HEALTH DEPARTMENT 9 North Street 'e Salem,MA 01970 hacw d' Certified Trash Letter TO: ketgI J .Inc/ nAt6d C.Aen Date: /99 Address: a-?a H:a Innd aur Time: /n:ae am City/State: skmywg nj970 Property At: .11l gi_gA1And A0, Violation Numbers: _600: Storage of Rubbish and Garbage _601: Collection of Rubbish and Garbage V 602: Maintenance of Areas From Rubbish and Garbage _BOH Regulation #7 Complaint: �ur;no MU inSnecfien Y OLP✓yew over `dull-n d"Mask✓ o.nd —� iyhr le_ of Fend. Qunycfer musT Le ehiA14ej moreoF en i nd G/Ar�c %, on mus he e / viY clz; ruse nl or, nko Ars M0.4 Le a'nf'cn orF�reN,ouccf'w ' Fran, ✓r�ioe✓AiarS, i IF Aboue Cf io ti?Tioaf CnW ;61ve 4b ex d 0000-7nrY f;fa f,an (AQk u: _Ward Councillor Fre Preven5on Building Inspector _Mayors Once: Other :i n(*V,D�000_ Titu oftmlem. Aussar4usetts Public Propertg Bepartment Nuilbing i3epartment (One 6alem Qirern 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 25 , 1997 Tri City Sales Inc. 272 Highland Avenue Salem, Mass . 01970 RE : 272 Highland Avenue Dunkin Donuts Dear Owner : This office has received a complaint from the Neighborhood Improvement Task Force regarding the above mentioned property . This property is located in an Entrance Corridor Overlay District and the following rules apply concerning placement of dumpsters . Section 7-19 , Article C-#3 mechanical equipment and refuse storage . No refuse storage areas or mechanical equipment areas shall be located in a front vard, nor within twenty-five ( 250 feet of the front lot line of the side vard. Such areas shall be screened from all public ways , parking areas, residential land use and open space areas . Please comply with the above Citv of Salem Zoning Ordinance and have your dumpster relocated. Please contact this office within fifteen ( 15 ) days upon receipt of this letter and let us know of your course of action you will be taking. Thank you in advance for your anticipated cooperation in this matter . Sincerely, i 1 Leo E . Tremblay Zoning Enforcement .0 icer LET: scm cc : Jane Guv U I Y Ut• JALtM l NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: 1 7 1 Address:? c :✓ �.✓v f T7� ��.✓C Complaint: o c / y Complainant: w, Phone#: Address of Complainant: FEMME] ID SHEA. CHAIRMAN KEVIN HARVEY D NINSPECTOR ELECTRICAL DEPARTMENT PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR DPW WARD COUNCILLORDAN GEARY SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANKYOUFOR YOUR ASSISTANCE. ACTION: 3 Tity of �ttlem, MUSSU MUSES tlub is Prnpertp 33epartment Nuilbing Department (One dalem Q$reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 27 , 1995 Tri City Sales Inc. 272 Highland Avenue Salem, Mass . 01970 RE: 272 Highland Avenue Dunkin Donuts Dear Owner: This office has received several complaints concerning the location of a dumpster at the above mentioned property. This property is located in an Entrance Corridor Overlay District and the following rules apply concerning placement of dumpsters . Section 7-19 , Article C-#3 mechanical equipment and refuse storage . No refuse storage areas or mechanical equipment areas shall be located in a front yard, nor within twenty-five ( 25 ) feet of the front lot line of the side yard. Such areas shall be screened from all public ways, parking areas, residential land use and open space areas . Please comply with the above City of Salem Zoning Ordinance and have your dumpster relocated. Please contact this office within fifteen ( 15 ) days upon receipt of this letter and let us know of your course of action you will be taking. Failure to do so will result in legal action being taken. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo: t . Tremblay Inspector of Buil gs LET: scm cc: Joanne Scott David Shea Councillor O ' Leary Certified Mail # P 921 991 866 I 1 ' ARTICIL E + • P 921 991 866 UNE 1. Tri City SAles, Inc. I NUMBER ' 272 Highland Avenue Salem, Mase. 01970 r~ * FOLD AT PERFORATION t WALZ . INSERT IN STANDARD#10 WINDOW ENVELOPE. [F R 1 I F I I D ^ i; M A I L E R C'ILJIII m Posm�E POSTMARK 00 DATE or RETURN SHOW TO MOM,DATE AND/ RESTRICTED / .6 RECEIPT ADDRESS OF DELWERY DELIVERY CE"REO FEE+RETURN RECEIPT �J " SERVICE W W TOTAL POSTAGE AND FEES Z w NO INSURANCE COVERAGEPROVIDED- W X SENT TO: .. 'z NOT FOR INTERNATIONAL MER MAIL O c Q d DE Tri City Salts. JUC. a� 272 Highland Avenue' x$ ru Salem, Mama. 01970Er N WED � J PS FORM 3500 z RECEIPT FOR CERTIFIED MAIL 12 rom�sERxce _ 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 yew 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. r, 6. Save this receipt and present it if you make inquiry. � t Cfitg of ttlem, Massac4usetts Public 19rapertg llepartment $uilbing Department (One Balrm (6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 20 , 1996 Dunkin Donuts 272 Highland Avenue Salem, Mass . 01970 RE : 272 Highland Avenue To Whom it May Concern: Thank you very much for your response to the letter dated on October 25 , 1996 regarding the above mentioned property . An inspection was conducted and found all the violations have been corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerer, Leo E . Tremblay , Inspector of Bu ding LET: scm cc: Jane Guy Councillor O ' Leary, Ward 4 w ��" �f��' � � of �#ttlem, fflttssar4usrtts \ ` Public Propertg Department Nuilbing i9epartment (One ifalem Green 508-745-9595 Ext. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 25, 1996 '^ 6o12 Dunkin Donuts 272 Highland Avenue Salem, Mass. 01970 t � n� l G��rj _C�v✓`�� ' RE: 272 Highland Avenue ,/ / `1 To Whom it May Concern: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Concrete b®llard missing in front of store. Please have new ballard installed as soon as possible. Please notify this department within fifteen (15 ) days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. reTd' Inspectooof Br of ui Ings LET: scm cc: Jane Guy Councillor O'Leary, Ward 4 CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ No c REFERRAL FORIM Cons. Comm. Yes ❑ No SRA Yes O No Date: w��9 G• I i 9 zi Address: '�n;.: r' ��2 = is ��'c✓ ,��so Complaint: . r-,f-N ��`� �i;r7 ed lG�� r Complainant: Phone#: Address of Complainant: BUILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION ELECTRICAL D .PARTM NT HEALTH D .PARTM .NT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SI WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ No 17 REFERRAL FORM Cons. Comm. Yes ❑ NO t] SRA Yes ❑ No 0 Date: Address: Complaint: Z14 t n ��'rro �'-G ,%ilk, ��/� � �'l� �-.l'./1�7 � /l✓��'C1� Complainant: Phone#: Address of Complainant: BUILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION FLECTRCAL DEPARTMENT HEALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POT.ICE. DEPARTMENT TREASURER/COLT-FCTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN QNE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: , J Titu of 0.731em, Aassar4usrtts Public jorapertg Department Nuilbing Department (One #stem Q$run 500-745-9595 $xt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 25, 1996 Dunkin Donuts 272 Highland Avenue Salem, Mass. 01970 RE: 272 Highland Avenue To Whom it May Concern: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Concrete ballard missing in front of store. Please have new ballard installed as soon as possible. Please notify this department within fifteen (15) days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Trembl Inspector of Bui Ings LET: scm cc: Jane Guy Councillor O'Leary, Ward 4 i CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ NO L REFERRAL FORM Cons. Comm. Yes C NO SRA Yes ❑ No Date: Address: /� �,n ��r �� l�d c✓ Complaint: v'r ci/ ted�7 r Complainant: Phone#: Address of Complainant: BUILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION ELECTRICAL DEPARTMENT HEALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SI WITHIN Q1yE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: Titu of it�ttlem, ,fttssar4usetts Pulir Propertg Department iguilbing Department (One dalem Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 4 , 1995 Tri City Sales 272 Highland Avenue Salem, Mass . 01970 RE: 272 Highland Avenue Dunkin Donuts To Whom it May Concern: Thank you very much for your response to the letter dated on November 27 , 1995 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion . Sincerely, i �,jittyr� � Leo E. Tremblay Inspector of Bui '(ding LET: scm cc : David Shea Councillor O 'Leary, Ward 4 United States Postal Servids ESS . Official Business r a PENALTY FOR PRIVATE USE,$300 �Ilwu��ll�lulu�lllun�l��l�ulnl��lullu��l INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and as a b. following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this cad to you, 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Mite"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 date of delivery, Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 866 4b.Service Type CERTIFIED 7.Date of Delively, , . / � 5.Signature—(Addressee) - 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signature—(Agent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT E. GERMAN ARCHITECTS TRAN ® L 625 MOUNT AUBURN STREET CAMBRIDGE, MA 02138 tr 617-497-6506 M ll" =Zq�z we are sending . ttaciir,,d n tr.n,r. , s•ipp,7rat,- raver ! copies number ; description ` I I i I l f remarks ell i sign- I0 'd 8I6Sh bL8[+s'I L71 S1J31IHJ3tl NtlW�i38 3 WOtJd Ii �hl ZtoiiBZibd '�, 1 94!28/1992 14: 332 FROM E BERM!711 ARCHITECTS TO 15987445918 F. 02 From ERS086770401 P03 CONS'TRUCTION C.\OIVMOL yi PROJI:r—,T Nt1MBIR rack Err TJ�J 1�� i��a�_rca o PROJE TTON NAML OF 13UILDJrx,: NATURE OF Fk0.jo IN ACCORDA.X tt i .1' A `'A(:lit ^}` SCF`i BUILD'`NG U L)E 1 BEING A REuiSTlR! PRP.PATO) ullU , " Y e✓ =r,. AND SPixli lc-Is77 C'.z) "4(.r _ ENT�:!}' FrZ'1 �� t' ♦u.r1C.'ZJFtt=; 5:�. :;°.:;ti.. I ;c1 � : r;t�SIC^: c�. ?Tc'tALr�XtIA. .A. OTHER FOR i"ti ..y f :ti:h: ! ' r 1%A li 667` i )l W4PU1'A'I'ICNS j; >C.r t:_ PPi : ^. ' F t L'J:.o _,r I'Hh "`i,`- i 'o..,E IS j STAB ." .`4 �r , ,.,1 N ._ ar t,2 ND 11 CN3 I&P,'JCly Pi]RT'l-11•:R ::�.r2'I'IF') -.�� 1' , i ._,1 r'krtf Lv' .i>r N.A.'_,:uriP 'ft . . _�? :V .� ,.Z'. ..,, 1.. . bL i PRESENn ON ',l1- vN..b . E ', sx r r 1° r ik:: THE WaT IS .'xv. , t. ,F { h • .'va 1. RE:v i r- p Alta'-1 i'. ... r R. S a'&S02I BFT A1. �,. j ^ '1 ' "d A s A _OF__ ��. ].9 TOTAL P. 02 JAMES J. FITZGERALD ARCHITECTS & PLANNERS April 2 , 1992 Mr. David Harris City of Salem Inspectional Services 1 Salem green Salem, MA 01970 Dear Mr. Harris , Fitzgerald Architects provided architectural design services to the Dunkin' Donuts franchise owner for tenant improvements to the lease area at 272 Highland Avenue . Preliminary plans from Dunkin' Donuts and instructions from the franchise owner indicated that shared accessible toilet facilities would be provided by the landlord . Our Dunkin' Donuts Floor Plan indicates : "Corridor to H.C . toilets by landlord" . While making application for a building permit , the franchise owner notified us that the Building Department had requested drawings for the H.C . toilets . Out office contacted the landlord and the landlord ' s architects . E. Berman Architects of Cambridge provided drawings titled , "New Toilet Rooms - Plans & Details" , which we forwarded to the franchise owner. The franchise owner has told us that Homeland Builders , the General Contractor for the Dunkin' Donuts lease area. , has a separate contract with the landlord for work beyond the lease area.. This office has provided no architectural services to the landlord or the landlord ' s architects and did not draw or specify any work behond the Dunkin' Donuts lease area. We do not have any comment or responsibility for the subject toilet facility. Very truly yours , i Ji ames J . itzger 1JJF/n rchi c POST OFFICE BOX 19 TOPSFIELD, MASSACHUSETTS 01983 (508) 887-6303 ARCHITECT'S O AWNETECT r� FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 0711 FIELDI�'�,� ❑ • PROJECT: `�`X, --1`�A��r� F`ELD REPORT NO: Z CONTRACT: F�►4��i1� /•i�•7�� ARCHITE T'S PROJECT NO: '=)jZC:D DATE •022TIME A.FVCZ WEATHER P. RANGE EST. % OF COMPLETION CONFORMANCE WITH SCICEDULE(t, —) WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS V ITEMS TO VERIFY INFORMATION OR ACTION REQUIRED • ATTACHMENTS REPORT BY:::::r AIA DOCUMENT 6711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDITION • AIAO • © 1972 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON,D.C.20006 page 1 of 1 pages JAMES J. FITZGERALD, AIA, ARCHITECT P.O. Box 19 IUEUMQ VF MS900� TOPSFIELD, MASSACHUSETTS 01983 OATEJOB NO. (508) 887.6303 - ATTENTION RE'. • 1 — 'i TO _ 4 > WE ARE SENDING YOUAttached ❑ Under separate cov via the following items: . ❑Shop drawings [],Prints C 'tans El Samples ❑ Specifications ❑ Copy of letter ❑ Change order i C COPIES - DATE NO. DESCRIPTION . - - q THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as subs, ted ❑ Resubmit copies for approval�i � For..your use ❑ Approved as note ❑ Submit copies for distribution: ,> As requested ❑ Returned for con tions ❑ Return corrected, prints e ;❑ For •review and comment ❑ >D FOR„BIDS DUE 19_. ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS _ — I COPY TO � — — SIGNED: y L..lt�� - — ( PRODUD240.1 nEd, Im.,Gwm,Mm 0101. I/enclosures are not as n d, kindly nobly us at once. JAMES J. FITZGERALD, AIA, ARCHITECT .� P.O. Box 19 TOPSFIELD, MASSACHUSETTS 01983 'i DATE JOP INO. (508) 887.6303 ATTENTIO RE: " TO 1 r, ry vn > WE ARE SENDING YOU Attached ❑ Under separate cov'- via the following items: ❑ Shop drawings - ❑ Prints [ �Ilans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order COPIES 'DATE NO. DESCRIPTION d 7-- 00 10 Lro 1I '4 THESE ARE TRANSMITTED as checked below: I❑/Fpr.approval ❑ Approved as sub�t ted ❑ Resubmit copies for approval i ':.IIWOFor your use ❑ Approved as note_ ❑ Submitcopies for distribution Ms re jested ❑ Returned for con •lions ❑ Return—corrected s g p: . ❑ For preview and comment ❑ f❑ FOR'..BIDS DUE 19_ — L1 PRINTS RETURNED AFTER LOAN TO US - `,REMARKS ' y • IL .COPY TO _ ITOW02102 Neuf' Irc WX Mass marl', It enclosures are not as c ` !, kindly notify us at once. . AiiRCHITECT'S OWNER FIELD REPORT ARCHITECT CONSULTANT ❑ AIA DOCUMENT 0711 y� FIELD ❑ _ PROJECT: ��w�Q \ !, 1 IELD REPORT NO: CONTRACT A: K�A`RCHITECT'S PROJECT NO: C., ,2� DATE '�• (. I ' gZlo so`0�. , 0 WEATHER U9y TEMP. RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESSPRE SENT AT SITE i i OBSERVATIONS 5 ITEMS TO VERIFY /L]�1 ,``t w••�1 i; .' INFORMATION OR ACTION REQUIRED 'ATTACHMENT S 7. REPORT AIA DOCUMENT G711 ARCHITECT'S FIELD REPORT OCTOBER 1972 EDITION ALAS • © 1972 ' THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON, D.C.20006 \ page 1 of pages ARCHITECT'S OWNER E ARCHITECT FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 0711 FIELD ❑ PROJECT: ~ � FIELD REPORT NO: At-is, CONTRACT: 474" ARCHITECT'S PRO)ECT NO: ,ZZ) DATE • 24j TIME 00. yba WEATHER 610.4# v Vv%4, TEMP. RANGE O EST. % OF COMPLETION O CONFORMANCE WITH SCHEDULE (+, —) 0000, WORK IN PROGRESS PRESENT- AT SITE M • r OBSERVATIONS • v/% Zia-1 ll�-MAAASA • ITEMS TO VERIFY INFORMATION OR ACTION REQUIRED • ATTACHMENTS REPORT=� �� AIA DOCUMENT 0711 • AR ITECT'S FIELD REPORT • OCTOBER 1972 EDITION AIA® • © 1972 page ` ` THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON,D.C.20006 of pages t JAMES:J. FITZGERALD, AIA, ARCHITECT fn1 I�y�y�IIS�II� 2 �f� ff �cfv7 f1 4 H. P.O. Box 191 LF IJ L1 LEUU @ 11 W °�I1VMMO�UT� �LS TOPSFIELD, MASSACHUSETTS 101983 DATE JOB NO � (508) 887.6303 ATTENTI 1 TO Il, > 'WE ARE SENDING YOU Attached ❑ Under separate covet a the following items: ❑ Shop drawings ❑ Prints ❑ 'ans ❑ Samples ❑ Specifications +4,' ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION L{Z'q v. 5: THESE 'ARE 1`41RANSMITTED as checked below: ❑ For approval ) - I❑ Approved as subm s :d ❑ Resubmif. copies for approval (�efor your use ❑ Approved as noted ❑ Submit copies for distribution > Q/As. requested ❑ Returned for corre ins ❑ Returncorrected prints ❑ For review and comment ❑ ❑'FOR BIDS DUE 19 _ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS _ — �� - aelp - - Spire, CQPY T0. 3 SIGNED: — rxowcly^ 1/enclosures are not as no kindly notify us at once. ', JAMES J. FITZGERALD, AIA, ARCHITECT P.O. Box 19 LSLS U �LSUll �Lr fJ Ull/l,�uVUWIJ��..��L❑ "TOPSFIELD, MASSACHUSETTS 01983 a 3 _ ORTE JOB NO. A (508) 887.6303 _ NTTEN TI ( \ - RE: To t1�.IS10 �. • oxgm > WE+'ARE SENDING YOU; Attached ❑ Under separate cover Ufa _ the following items: s �❑ Shop drawings ❑ Prints ❑ ans ❑ Samples ' 0.'Specifications :p Copy of letter O Change order ❑ ate - 1 . 4.: COPIES DATE i NO. DESCRIPTION pl THESE ARE TRANSMITTED as checked below: ❑ Fo approval ❑ Approved as subm . !d ❑ Resubmit copies for approval For your use ❑ Approved as noted Cl Submit—copies for distribution > As requested ❑ Returned for corre ms ❑ Return corrected prints ❑ For review and comment ❑ r ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER 'LOAN TO US ( REMARKS 904% �* Wim' • \Gw� _ 1 COPY, TO _ SIGNED: 1 1 It enclosures are not as no kindly notify us at once. i RROWtf 110.11 a'IK.Cmlon ALs'0111. ARCHITECT'S OWNER ARCHITECT FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 071111 FIELD ❑ * PROJECT: �w 4cp V� FIELD REPORT NO: 404 li � �1p� CONTRACT: N �„ ARCHITECT'S PROJECT NO: f�v G. DATE LM jtob,ZIME 01:t of WEATHERTEMP. RANGE by % EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE (t, -) w WORK IN PROGRESS PRESENT AT SITE �� \JS' r - • - E t �-'�,c2�_,/`�.2p_s1alE�1yJ4�"l'1G��•2—C�ri GEti"ylcc� tS1�� .��o�-lac 1��—�Q<iGk'R•�.�5 OBSERVATIONS �:,�E�tsysem+. , � � = �•�'P�L- 1�AT� G��G°"C'¢�� 14 09A mfe=x" v ,,41 WX4 4 cam- 0 ACAVV — !!!�, Volo --7Z ��'�YZ�! �'Q - �C�A�'�C4�.Y•..''C�c.�.�.-3�7..1a4��l�Ca'S ITEMS TO VERIFY INFORMATION OR ACTION REQUIRED • ATTACHMENTS REPORT \y�JC17fL +►� •� AIA DOCUMENT 6711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDITION • AIAOO © 1972 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON,D.C.20006 page \ of ` pages JAMES J. FI,TZGERALD,' AIA, ARCHITECT r� 2r�5� P.O. Box 19 LLE 11 l EM W UEMMDU :r aL TOPSFIELD, MASSACHUSETTS 01983 GATE JOB NO. (508) 887.6303 ATTENTIM TO RE: > WE ARE SENDING YOU W Attached 13 Under separate cow fia the following Items ¢', ❑ Shop drawings ❑ Prints C Ilans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order C. COPIES DATE NO. DESCRIPTION - I THESE ARE TRANSMITTED as.checked below: C1 For approval i '❑ Approved as subs ;ed ElResubmit copies for approval Vo/For your use ❑ Approved as note ❑ Submitcopies for distribution > As requested ❑ Returned for Corr' `.ions ❑ Returncorrected prints. + - " ❑ For review and comment El ❑ FOR BIDS DUE 19_ _ ❑ PRINTS RETURNED AFTER LOAN TO US REMtiRKS --- � v�� cam- a AS:!r 7zNC.►v�� yMWN-`m COPY TO SIGNED.711�yL - PNODWINW DI,C,Mm,Mm 01471. If enclosures are not as n. 1, kindly notify us at once. ARCHITECT'S OWNER ARCHITECT ❑ FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 0711 FIELD ❑ SPROJECT: �`:,v��,'' FIELD REPORT NO: � �' �/�� 'S CONTRACTF+v.`F�`r { ARCHITECT'S PROJECT NO: hrZ� o v DATE TIME � WEATHER TEMP. RANGE EST. % OF COMPLETION C7 CONFORMANCE WITH SCHEDULE(t, —) WORK IN PROGRESS PRESENT AT SITE AAQC4v - OBSERVATIONS LF-)N A ^�•1L* l i, �Pl.�fr Gey Id&=- Vl � - It.== t � o�✓_, --� � � r� ,tom ��.�j--�.l�,��,-y,y , ITEMS TO VERIFY INFORMATION OR ACTION REQUIRED • ATTACHMENTS REPORT AIA DOCUMENT 6711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDITION AIA® • © 1972 l THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON,D.C.20006 page ` of ` pages From : ER5096770401 P0- a C0N IIRUMJON COMPROL PROJIT-7 NUM1313t:}' PROJECT TMLE:-I—g— a t PRQ7IXT.TON LCKA'1'l0N: as, IQlML OF 13UIIAINC;: / NATURE•' OF PkQ7 �d 1N ACCORDANCE WI^TH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE BEING A REMS'1ERETI PROFI-SSIONAL FNGINhalR/ARCHITFCl' 11LREBY CF R1'ILY THAT I RAVE PREPARED UIRFX ILY SUPII2VISEll 'PtiL PREPARA'T'ION OF ALL DF,SIGN PLANS, COMPUTATIONS AND SPECII'ICATI0NS (-Y)NCERN7NG: ENTIRE PROJECT ARCHIMMURAL STRUCTURAL _ FIRE PRO=ION ELD,TRICAL t HANICAL 07HER FOR 714E ABOVE I1 L^FD PRO= AND THAT TO THE BEST OF MY KN0i4I.1=E SUCH PLANS COMTUTATIONS AND SPF)CIFICATIONS MEET THF: APPLICABLE PROVISIONS OF THE MASSACHUSEITS STATF BUILUIN;; ('ODF., ALL AOC17fARr r. L'NGINF.ERING PRACTICES AND APPL7CADLE LAWS AND ORDINANCES FOR THE PROPOSM USE AND OCCi)PANCY. 1 FLIRT= CF.R7'IFY 'illA'T 1 SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRF,SEN'1' ON '1111E CONSTRUCTION SI'Z'E ON A REGULAR AND PERIODIC BASIS '10 UL`I'ERMINE THAT THE WORK IS PRO('=INC, IN ACCORDANCE WI'I11 DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SWU, BF RESPONSIBLE FOR THE FOLL04ING AS SPECIFIID IN SECTION 127.2. 2. 1 . Review of shop drawings, sarrples and other submittals of the contractor as re uired by the construction contract documents as submitted for buildi �o re-mit, and approval for conformance to the design concept. 2. Rev,c.: alio approval of the quality control prcxedures for all code required oonsCrc. tion cori)onents requiring controlled materials or construction s x if;.ed ii; the: �Ccepted engineering practice standards listed in 1J. 2. 3, I SHALL SUBMIT PERIODICALLY, A PROGRESS REPORT 'IOGETH-I.R s•+17'H PPRTITJ THE BUILDING INSPE=R. UPON CO;PL "0=`! TFiE i•YJRY;, i S T A F NAL REPORT AS TO THE SATISFACTORY HAI L xt•S)LET7O:, ,' ) R FDI:FSS OF ix ?PQTi1.b1�.. Y. I SIG 9,Akt aw�6� S'J3Sr--RMILT) ;..JIT til+T'RN 70 TE BL � T:TS DAY C> From ER503G770401 - P03 0 CONSIRUC7' ('N CONTROL PROJECT NUMBER: PROJECT TI1'LL: kCNn9d'( (p PROJECTION LOCATION: —� NAML OF BUILDING: n NATURE OF PkQ71x T; AAA 7�10 -Z:) 1N ACOORDANCF WIr�'1'li SLC.`TTON 127.0 OF THE MASSACHUSFTI`, S'fATF BUILDING CODE RECIS77WPION NO:-L—ss �j 1� 3 BEING A REG1S'1'ERFD PROFESSIONAL ENGINtLT:/ARCHITFCT HLREBY CFRTIFY THAT I HAVE PREPARED DIRFX:'ILY SUPERVISED THL PREPARATION Or ALL OESIGJv PLANS, COMPUTATIONS AND SPECIPICATIONS CO=NT%: ENTIRE PROJECT' ARCHITBal'URA, STRUC'T'URAL _ FIRE; PRtYI7,U 'ION E7E7T'RICAL MECHANICAL FOR THE ABOVE NAMED PROJECT AND THAT TC) THE BEST OF MY SUCH PLANS COMPUTATIONS AND SPFCIFICATIONS MEET THF APPLICABLE PROVISIONS OF THE MhSSACHUSLTI'S STATE BUILDING (CODE, ALL ACOL:P'fABLE 1INC-INFERTNG PRACTICES AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY '11AT 1 SHALT, PERFORM 771E NECESSARY PROFESSIONAL, SERVICES AND BC PRESENT ON 171E CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS '10 DL'IERI,INE THAT THE WORK IS PROCi=ING IN ACCORDANCE W1111 DOCUMENTS APPROVED FOR THE BUILDING PERiIIT AND SHALL, BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 127.2. 2. 1. Review of shop drawings, samples and other submittals of 4Jie contractor as required by the construction contract documents as submitted for building �---rmit, and approval for conformance to the design concept. 2. Review arid approval of the cRral .ity control procedures for all code required constrc�:tion corryronents requiring controlled nut:erials or construction specifies] ii; the accepted engineering Practice standards listed in Appen i:: B. PURSUANT TO SEMITi 1.;. 2. 3, T SHALT, SURK11T PERIODICALLY, I.. PR7„RESS RF�OR'f TCK;^17iiF 7TH PERTIN vP ''O�'TS 71D THE BUIL.DINIC 7NSPEX."IY)R- IPON COMPLLTIO: G. HE ';vJR;, i S}i41 Ly l}1i'P A FINAL R IYIRT A.5 TO THE SATISFACTORY COMPLETION' AND RFADIN`ESS Or 7HF°PROS ? FOR.. 3 Y- i S'-WS RIBED ANT, SILIRV TO ME B O THrs' DAY OF 4 E. BERMAN ARCHITECTS TRANSMITTAL 625 MOUNT AUBURN STREET CAMBRIDGE, MA 02138 t0 617-497-6506 � �U� ✓I y�f� /� c/i date -/' Z%_ T2- regarding _ C/T -SA LAS/&PPA) OW I'S J Fare sending attached Q under separate cover copies number description 2 — S7Ac'11�� oN %�2rr�7/a�cl Co v7i2oL�=o2i �S 4N,07 remarks copies to signed %� �( i JAMES J. FITZGERALD, AIA, ARCHITECT P.O. Box 19 LS� IJ �LSUll �Lf �W/,-.1WV��-JWUD ll I' iL�, TOPSFIELD, MASSACHUSETTS 01983 b' DATE JOa NO. 11' (508) 887.6303 ATTENTION Tot ;—� nE: ! I - > WE.'ARE SENDING YOU ttached EJUnder separate cover a the following Items, '..❑ Shop drawings ❑ Prints ❑ ans ❑ Sam les . EJ Spa cifications `. ';fl Copy of letter ❑ Change order I I. �COPI ES DATE NO. - DESCRIPTION �•, . •.. r THESE ARE TRANSMITTED as checked below: 2approval El Approved as subm ld ❑ Resubmit copies for approval �� your use El Approved as noted ElSubmit copies for distribution >�A/ f' > s requested ❑ Returned for corre )ns ❑ Return corrected prints ❑ For review and Comment ❑ ❑ FOR BIDS DUE 19_- _ ❑ PRINTS RETURNED AFTER LOAN TO US , 0 . REMARKS — 7. .r i �;1A I I DOPY TO _ t, SIGNED: rsooucraai Im,cmrm,wa�mnl. It enclosures are not as no > kindly notify us at once. ARCHITECT'S AO NETECT ❑ FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 0711 FIELD ❑ • PROJECT: FIELD REPORT NO: #i► CONTRACT: �\ ARCHITECT'S PROJECT NO: DATE TIME EMP. RANGE 667 EST. % OF COMPLETION0 CONFORMANCE WITH SCHEDULE (+, —) ^► ' w� , WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS enh ITEMS TO VERIFY INFORMATION OR ACTION REQUIRED • ATTACHMENTS REPORT B ��Q "� �� A& AIA DOCUMENT 6711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDITION • AIA® • © 1972 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C.20006 page 1 of , . pages ARCHITECT'S OWNER ARCHITECT FIELD REPORT CONSULTANT ❑ AIA DOCUMENT 0711 FIELD ❑ • PROJECT: OS FIELD REPORT NO: `, CONTRACT: ARCHITECT'S PROJECT NO: hvze> DATE 8 gZTIME ' ��. 1 T+ WEATHER t� � TEMP. RANGE . ' d EST. % OF COMPLETION `w% CONFORMANCE WITH SCHEDULE (t, —) ✓ WORK IN PROGRESS PRESENT AT SITE c1 Meywa �r�-�� OBSERVATIONS op • 'oma—t�¢� � '��S' '�S i��4�a -�+'?�Y Sh'�- ITEMS TO VERIFY / /Y'✓A`MFIJ��j ' a►�A 1�.�w.. INFORMATION OR ACTION REQUIRED .,` • C� �►� XJ/k • ATTACHMENTS REPORT BY!T�y�� y1•�� AIA DOCUMENT 6711 • ARCHITECT'S FIELD REPORT • OCTOBER 1972 EDITION AIA® • © 1972 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON,D.C.20006 page \ of ` pages V � , Vt JAMES J. ,.FITZGERALD, AIA, ARCHITECT P.O. Box 19 LIEUV[Ek0F UQ5`QUSl1 w�O �5 L. TOPSFIELD, MASSACHUSETTS 01983 " S. DATE " JOB.NO. (508) 887.6303 ATTENTION TO d — — y ti \ > wE ARE SENDING YOU Ve.Attached ❑ Under separate cove) 'a the following items: ❑ Shop drawings ❑ Prints ❑ ans ❑ Samples ❑ Specifications ❑ ,Copy of letter ❑ Change order ❑. . COP-.'S DATE NO. DESCRIPTION - Y zIF I e, TOESE ARE TRANSMITTED as checked below: s approval ❑ Approved as subm :d ❑ Resubmit copies for approval Cl your use ❑ Approved as noted ❑ Submit copies for distribution > ❑ Returned for corre )ns ❑ Return ',corrected prints ❑ For review and comment, ' ❑ ❑ FOR BIDS 'DUE 19_ _ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS — — - • � 4I I I COPY. TO SIGNED: �N1 I vxolwcrzai.0lz,Gmlm.w>:pian. If enclosures are not as no kindly notify us at once. ,' THE CCMMONWEALT71 OF MASSACHUSETTS ON THIS DAY OF 19 � i BEFORE ME, - A NOTARY PUBLIC DULY CcXMISSIONED AND QUALIFIED FOR THE COMMONWEALTH OF MASSAC4USETT.S, PERSONALLY AnpcpREp jtmft,. "WHO 9EINC DULY SCORN, SES AND SAYS THAT HE HAS SUPERVISED THE CONSTRUCTION OF tSTREET ADDRESS) UNDER PERMIT AND THAT THIS (CITY OR I") STRUCTURE CONFORMS TO THE SUBMITTED PLANS AND TO THE CODES OF THE (CITY OR TOWN) AND THE CCM?fONWEALTH. FURTHER, THAT ALL REQUIRED APPROVALS AND MATERIAL AFFIDAVITS HAVE BEEN SUBMITTED, AND THAT THERE ARE NO VIOLATIONS OF LAW OF ORDERS OF THE DEPARTMENT OF PUBLIC SAFET PENDIPJC. I AS THE AFFIDAVITED ENGINEER AND/OR ARCHITECT HEREBY CERTIFY THAT I HAVE 0.J THIS DATE 5 .8 '4�2z. INSPECTED THE PROPERTY LOCATED AT cZ �6uwjv VL o AND FIND THAT THE LOCUS AND ITS STRUCTURE" (STREET ADDRESS) CBM?' W:TH MY PLANS AND SPECIFICATIONS AND ALL RULES AND REGULATIONS OF THE CODES I i C- THE COMMONWEALTH. \S��gED ARLy�T THEREFORE, I REQUEST A CERTIFICATE OF OCCUPANCY FOR THE ABOVE ADD P Pirzo.F9FCl BOSTON, o MASS. � 5 #3081 ORI'- NA -WA E & SE _F9. ( H OF SUBSCRIB ;AND SWORN TO BEFORE ME THIS ,a y� DAY OF ��-�yL + NOTARY PUBLAC MY COMMISSION EXPIRES ( �� E. BERMAN ARCHITECTS TRANSMITTAL 625 MOUNT AUBURN STREET CAMBRIDGE, MA 02138 617-497-6506 to date regarding C 011 we are sending attached O under separate cover —X— copies number description \ U3 `I-Ih-92 77, - S� � tel. oN1 remar s / d (copies to sign d q From : EP.50e6770401 P03 CONSTRUCI`:LON CONTROL 1'RQ11;Y:T NUMBED: PROJECT T111E:__..,_ 1 PROJIX:TION LOCATION:-- -S-46- NAME C><A'1'10N: S6NAME OF BUILDING: NATURE OF PROL=r: _ wc7 h1� _ o i1 �2��OM'r 1N ACCORDANCEI`WI"NI SECTION 127.0 OF THE MASSACHUSETTS, S'rA ,TEJBUILDING ODDE 1, �dczD c� ,_._..„ Q �.1__ _RECIS7RA110N NO: S/73 BEING A REGISTERED PROFESSIONAL, �IARCHITFCl' 11LREBY CERTIFY THAI' I HAVE PREPARED DIRT) 'LY SUPERVISED THL PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIVIC:ATIONS CONCERNING:� 0141 ENTIRE PROJECT CHT J ASTRUCTURAL FIRE PROTECTION ELECTRICAL &)A- MECHANICAL OTHER _ FOR THE ABOVE NAMED PROJECT AND THAT 'In ':EHE BEST OF MY KNOWIMGE SUCH PLANS COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING, CODE, ALL ACCLLrABLE LyNc'INFFRING PRACTICES AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY '1ILNP 1 SHALL PERFORM T7-IF. NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON '1913 CONSTRUCTION SITE ON A RD5ULAR AND PERIODIC BASIS '110 DETERMINE THAT THE WORK IS PROCEEDING IN ACCORDANCE W1191 DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL, BE RESPONSIBLE FOR THF: FOLLOWING AS SPECIFIED IN SECTION 127.2.2. 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval f.or conformance to the design concept. j 2. Review and approval of the qual :lty control procedures for all code required if cons trcution components requiring controlled materials or construction specified in the accepted engincering practice standards listed in Appendix: B. PURSUANT' TO SECTION 127.2.3, I SHALL SUBMIT PERIODICALLY, A PROGRES 5z WITH PERTINENT CA TS TO THE BUILDING INSPECTOR. " EDWARD H. f UPON COMPLETION OF THE WORK, I SHALL SUBMIT A 1INAL REPORT AS TO SY 5173 A COMPLETION AND READINESS OF THE PROJFS.'T' FOR ANCY. �66e� r . , SIGNATORI ^� SUBSCRIBED AND SWORN TO ME BEFORE THIS___. DAY OF 19� i' SPECIFICATION FOR ALTERATIONS TRI-CITY SALES SALEM, MASS. GENERAL CONDITIONS: The standard forth of General Condmons AIA Doasnent A-201 (1876 Edition) shall apply as the General Conditions of the Specifications,exoeptiN that the following articles of the Supplementary General Conditions shall take precedence. GENERAL NOTES AND OUTLINE SPECIFICATIONS 1. The Contractors shall examine the premises with respect to the scope of work to be performed. 2. Work shall commence and continue until completion without undue delay. 3. Work shall be performed by mechanics well versed In their respective trades and carried on in aworkmanike manner. 4. The Contractors shall protect an existing work to remain as is. 5. The Contractors shall remove from the premises all debris resulting from their work and excess materials, except as otherwise directed by the Owner. B. The Contractors shall give their personal superintendence to the work and shall furnish all labor,matarials,transportation,apparatus and equipment required for a complete Installation. The Contractors shaft Install all materials in a fawner subject to approval of the Owner and the Architect 7. The Contractors shall leave the premises In a neat,dean,and safe condition at the completion of work each day. B. The Contractors shall conform to all applicable provisions of the State Building Code,Electric Code, State Plumbing and Gas Fitting Code,and local requirements of the City. 9. All color selections shall be made and coordinated through the offices of the Architect except as otherwise directed by the Owner. 10. All conditions which occur and which are not in conformance with these Specifications and adjacent drawings shall be brought to the i nmedate attention of the Architect for prompt resolution. 11. All dimensions must be verified and/or determined in the field from a visual Inspection by the Contractors prior to ordering and/or Installing of materials. 12. The Contractors shall adhere to all statutory Insurance requirements of the Commonwealth for work of a similar nature and scope as well as to any additional requirements of the Owner. 13. All Labor and materials shall be guaranteed to be free from detects for a period of twelve (12) months from the date of final payment by the Owner. 14. Any existing work damaged by the Contractors or their sub-contractors shall be returned to its original condition at the conclusion of the project at no cost to the Owner. 15. The Contractors are advised that the adjacent premises are occupied and must remain In use during the tug duration of the construction processes with adequate provisions Ax safety,access,circulation and the like. Provisions for raise and dust abatement must be made to promote the highest efficiency of the asjacent sales,unloading,and storage areas. 18. All equipment to be installed according to manufacturer's recommendations. 17. A General: The Contractor shall Incorporate all mechar",sfruchiral,and finishing work inside as caged for In the plans and specfficaUons to furnish a complete and operable building This shall include al labor and materials,transportation, apparatus,scaffolding,tools, etc. Whether or not specifically includes all bloddng and other operations necessary for the entire completion of the work B. Mechanical Work Plumbing,heating,and electrical work Shap include an new work required to finish complete and functioning systems. 18. WORKMANSHIP. A. Intent A complete structure and everything properly Incidental thereto In the contract documents shag be fumished and details of installation must conform to the highest standards of the trades. What may be called for in the pians and not In the specifications or vice versa shag be Finding in either case as If the same has been caped for In both. The fagure to show or maintain in petty details shag not warrant the omission of anything necessary for the proper completion of the wor. Unless otherwise speecl0ed,each contractor shag supply all labor and material,transportation,apparatus,fuel,energy,light, — scaffolding,tools,etc. necessary for the entire proper and substantial completion of his work and shag install,maintain and protect the same. B. Ouality: Wwivnanship shag be of the highest type and materials used or specified of the best quality that the marfot affords. AN Installations and appliccatiots shall conkxm to a manufact rWa specifications. 20. CONTRACT DOCUMENTS: Contract documents emrtsist of the contract,the imitation to bidders,the drawings and spe ditadon%Including all addenda and atleratiors made In the documents prior to their exe udon Anytiring caged for by one of the contract documerrb and not called for by the others shag be of We effect as K required or called for by all. in case of discrepancies betwee,i contract ren;menes, the : LX--,ent shJ1 two precedence over all documents, specifications shall tale precedence over drsMngs,and WW scale details shall take precedence over small scale details and drarwi ngs. In the absence of dirrimsions consult Architect Do not scale any drawings. Arty dLscreparxles bertween the contract documents shag be drawings. Any discrepancies between the contract doccrnents shag be called to the attention of the Architect before proceeding with the work 21. 1EXAMINATION OF SITE AND DOCUMENTS: The Contractor,before submitting his proposal,shall visit the afte and examine for himself ail oor>clitbrs and limitatlons which afket the contract. He shag carefu♦y examine all contract documents. Titles and ab-dMsloms In these documents are for convenience and no real or alleged errors in arrangement of matter"be reason for omiaalon or duplication by any Contractor. 22. BUILDING FEES AND INSPECTIOft Fie all necessary drawings and specificabom with the 0m A'dhoftes, Obtain and pay for all permits,Inspections,and approvals=(cqu l ea uy m goverrnng building,fire,and Board of Health departments. Expecting that the plumbing,electrical,and HVAC contractors shall obtain and pay for Inspections as required following the.perfomance of their own work - 23. CODES AND REGULATIONS: A. In obtWrJng permits and approvals from all departments having any.contractor &half report to the Architect all Marns not approved. B. Plumbing.electrical and MVAC contractors shall Install all work in strict accordance with the governing codes and regulations at no extra cost to the Owner,with exception that major items as omitted or in violation per plans and specifteations shalt be brought eo the attention of the Architect In writing for craposition and cost e4ustment. C. Contractors shall not knowingly proceed with any work not In conformance with governing codes and regulations. 28. The Owner reserves the right to reject any or all bids, SPECIFICATION FORALTERATIONSTRI-CITY SALES SALEM, MASS. GENERAL CONDITIONS: The standard town of Gener8i Conditlons,AIA DOCUMent A-201 (1878 Edition)shall apply as the General Conditions of the Specifications,excepting that the following articles of the Supplementary General Conditions shall take precedence. GENERAL NOTES AND OUTLINE SPECIFICATIONS 1. The Contractors shall examine the premises with respect to the scope of work to be performed. 2. Work shall commence and continue until completion without undue delay. 3. Work shall be performed by mechanics well versed In their respective trades and carried on In a workmenIke manner. 4. The Contractors shall protect all existing work lo remain as is. 5. The Contractors shall remove from the premises all debris resulting from their work and excess materials, except as otherwise directed by the Owner. 8. The Contractors shall give their personal superintendence to the work and shall furnish all kbcr,matarW9,transportation,apparatus and equkmwt required for a complete Installation. The Contractors shall IrstaG all materials In a manner subject to approval of the Owner and the Architect 7. The Contractors shall leave the premises In a neat,dean,and safe condition at the completion of work each day. 8. The Contradnrs shall conform to all applicable provisions of the State Building Code, Electric Code, State Plumbing and Gas Fitting Code,and local requirements of the City. 9. All color selections shall be made and coordinated through the offices of the Architect except as otherwise directed by the Owner. 10. AN condtions which occur and which are not in conformance with these Specifications and adjacent drawings shall be brought to the enmediate attention of the Architect for prompt resolution. - 11. All dimensions must be verified and/or determined in the field from a visual Inspection by the Contractors prior to ordering and/or Installing of materials. 12. The Contractors shall adhere to all statutory insurance requirements of the Commonwealth for work of a similar nature and scope as well as to any additional requirements of the Owner. 13. All labor and materials shall be guaranteed to be free from defects for a period of twelve (12) months from the date of final payment by the Owner. 14. Any existing work damaged by the Contractors or their sub-contractors shall be returned to its original condition at the conclusion of the project at no cost to the Owner. 15. The Contractors are advised that the adjacent premises are occupied and must remain In use during the full duration of the construction processes with adequate provisions for safety,access,circulation and the like. Provisions for noise and dust abatement must be made to promote the highest efficiency of the as - _ .-- )acentsales,unloading,and storage areas.... . . _._.. 18. All equipment to be installed according to manufacturer's recommendations. j 17. A. General: The Contractor Shan Incorporate all madtarkal,structurat and nnlahlrg work Inside as called for in the plans and specifications to furnish a complete and operable building. This shall include all labor and materials,transportation,apparatus,scaffolding,tools, etc. Whether or not specifically includes all blocldng and other operations necessary for the entire completion of the work B. Mechanical Work Plumbing,heating,and electrical work aha!Inc"an new Rork required to finish complete and functioning systems. 18. WORKMANSHIP: A. Intent A complete structure and everything property Incidental them In the contract documents shah be famished and details of installation must conform to the highest standards of the trades. What may be called for In the plans and not in the 3peci5cations or vice versa shaA be binding In either case as If the same has been called for In both. The fduae to show or maintain In petty details" not warrant the omission of anything necessary for the proper completion of the Wor. Unless otherwise specified,each contractor shall supply all labor and material, tansporWon,apparatus,fuel,energy,light — scaffolding,toots,etc. necessary for the entire proper and substantial completion of his Work and shah Install,maintain and protect the same. B. OualRy: Workmanship aha➢be of the highest type and materials used or specified of the best quality that the market affords. Al Installations and applications shaft contort to a manufacturer's specifications. 20. CONTRACT DOCUMENTS: Contract documents consist of the contract the invitation lo bidders,the drawings and specifications,including all addenda and atteratiots made In the documents prior to that executiom ArryBming called for by one of the contract documents and not called for by the others shaft be of We effect as K required or called tux by al- In case of discrepancies between it-,contract documents,the: mm—.ent shah tett preoed2nce over an documents, specifications shall take precedence over drawings,and targe scale details Shan take precedence over oma scale details and drawings In the absence of dimensions consult Architect Do not scale ary drawings. Any dlscreparoies bertween the contract documents shah be dra fngs. Any discrepancies between the contract documents shah be called to the attention of the Architect before proceeding wWi the work 21. MMINATION OF SITE AND DOCUMENTS: The Contractor,before submitting his proposal,shaA visit the site and examine for himself an corKlitlons and limitations which effect the contract He Shap y examine al contract documents. Tides and aubdhAsions in these documents are for convenlenoe and no real or alleged errors In arrangement of matter shall be reason for omission or duplication by any Contractor. 22. BUILDING FEES AND INSPECTION: Fie all necessary drawings and specifications with the c>�A otoritles. Obtain and pay for aA pemnfts.Inspections,and approvers=1 cqua to wy w goverrung building,fire,and Board of Health departments. Expecting that the plumbing,electrical,and HVAC contractors shall obtain and pay for Inspections as required following the performance of their own work - �csG 2�� 3 23. CODES AND REGULATIONS: A. In obtaining permits and approvals from a9 departments havkV authority,contractor shall report to the Architect all items not approved. B. plumbing,electrical and HVAC contractors shall Install all work In strict accordance with the "governing codes and regulations at no extra coat to the Owner,with exception that major items as omitted or In violation per plans and specifications shall be brought to the attention of the Architect In writing for disposition and cost a4ustment C. Contactors shall not knowingly proceed with any work not In conformance with governing codes and regulations. 26. The Owner reserves the right to refect any or all bids. poo Lo 70i�' f� 1d GIS �g a SPECIFICATION FOR ALTERATIONS TRI—CITY SALES SALEM, MASS. GENERAL CONDITIONS. The standard form of General Conditions,AIA Document A-201 (1976 Edition)shall apply as the General Conditions of the Specifications,excepting that the following articles of the Supplementary General Conditions shall take precedence. GENERAL NOTES AND OUTLINE SPECIFICATIONS 1. The Contractors shall examine the premises with respect to the scope of work to be performed. 2. Work shall commence and continue until completion without undue delay. s. Work shall be performed by mechanics well versed in their respective trades and canted on In a workmanilke manner. 4. The Contractors shall protect an existing work to remain as is. 5. The Contractors shall remove from the premises all debris resulting from their work and excess materials,except as otherwise directed by the Owner. 6. The Contractors shall give their personal superintendence to the work and shall furnish all tabor,materials,tramsporta4on,apparatus and equipment required for a oomplets Installation. The Contractors shall install all materials Ina manner subject to approval of the Owner and the Architect 7. The Contractors shall leave the premises in a neat,dean,and safe condition at the completion of work each day. 8. The Contractors shag conform b ail applicable provisions of the State Building Code, Electric Code, State Plumbing and Gas Fitting Code,and local requirements of the City. 9. All color selections std be made and coordinated through the offices of the Architect except as otherwise directed by the Owner. 10. AN conditions which occur and which are not in conformance with these Specifications and adjacent drawings shall be brought to the knmedate attention of the Architect for prompt resolution. 11. All dimensions must be verified andlor determined in the field from a visual Inspection by the Contractors prior to ordering arxWor Installing of materials. 12. The Contractors shall adhere to all statutory insurance requirements of the Commonwealth for work of a similar nature and scope as well as to any additional requirements of the Owner. 13. Ali Labor and materials shall be guaranteed to be free from defects for a period of twehre (12) months from the date of final payment by the Owner. 14. Any existing work damaged by the Contractors or their sub-oontracfors shall be returned to its original condition at the conclusion of the project at no cost to the Owner. 15. The Contractors are advised that the adjacent premises are occupied and must remain In use during the full duration of the constriction processes with adequate provisions for safety,access,circulation and the like. Provisions for noise and�dust abatement must be made to _ promote the highest efficiency of the aslcent sales, unloading,and storage areas.. 16. All equipment to be installed according to manufacturer's recommendations. Paca� t oF� 17. A. General: The Contractor shall Incorporate all mechar",structural,and finishing work Inside as called for In the plans and specifications to furnish a complete and operable building This shall include all labor and materials,transportation,apparatus,scaffolding,tools, etc. Whether or not specifically includes all blocking and other operations necessary for the entire completion of the work B. Mechanical Work Plumbing,heating,and electricd work ahaA Include an new work required to finish complete and functioning systems. 18. WORKMANSHIP. A. Intent A complete structure and everything pmpery Incidental thereto In the contract _documents shall be fumished and details of installation must conform to the highest standards of the trades. What may be called for In the plans and not In the specifications or vice versa shall be binding In either case as N the same has been called for In both The fallure to show or maintain In petty details shall not warrant the omission of anything necessary for the proper completion of the wor. Unless otherwise specified,each contractor shall supply all labor and material,transportation,apparatus,fuel,energy,fight scaffolding,tools,eta necessary for the entire proper and substantial completion of his work and shall Instal,maintain and protect the same. B. Ouality Workmanship shat be of the highest type and materials used or specified of the best quality that the market affords. Al Installations and applications shill conform to a manufacl r,er's specifications• 20. CONTRACT DOCUMENTS: Contract documents consist of the contract,the Invitallon b bidders,the drawings and spedficaUorm including all addenda and alterations made in the documents prior to their execution Anything called for by one of the contract docs wft and not called for by the others shall be of lice effect as H required or called for by at. In case of discrepancies betmeen n-contact dcn;ments•the egreu-ment ch 11 tale precedence over all documents, specifications shall talm precedence over drawings,and large scale dermis shall tela±precedence over small scale detalk and drawings, kr the absence of di nenalons consult Architect Do not scale any drawings. Any discrepancies berhveen the contract documents shall be drawings. Any discrepancies between the contract documents shall be called to the attention of the Architect before proceeding with the work 21. DCAMINATTON OF SITE AND DOCUMENTS: The Contractor,before submitting his proposal,shall visit the site and examine for himself an ccroMors and limitations which elect the contract He shall carefuty examine al contract documents, Thies and sub-divisions In these documents are for convenience and no real or alleged errors In arrangement of matter shag be reason for omission or duplication by any Contractor. 22. BUILDING FEES AND INSPECTION: Fie ai necessary drawings and specificatom with the o.r,—A.rtlrort6m Obtain and pay for all permits,inspections,and approvals us tcgwicv uy a,goverrung building,fire,and Board of Health departments. Expecting that the plumbing,electrical,and HVAC contractors shall obtain and pay for Inspections as required following the performance of their own work 29. CODES AND REGULATIONS: A. In obtaining perp is and approvals tram aii departments having authority,contractor shall report to the Architect as items not approved. B. Plumbing,electrical and HVAC contractors Shall Instill all work in strict accordance with the 'governing codes and regulations at no extra cost to the Owner,with exception that major items as omitted or In violation per plans and specifications shall be brought to the attention of the Architect In writing for disposition and cost aclustment. C. Contractors"I not lao ngly proceed with any work not in conformance with governing codes and regulations. 26. The Owner reserves the right to reject my or all bids. APPLICATION q ADULT NUMBER Trial Court of Massachusetts FOR.COMPLAINT ❑ JUVENILE District Court Department �tL ARREST _: HEARING —1 SUMMONS T WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. S3WMDbkid CV&'1 _ DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 WaO vsKyton Mau ifl- 1994 May 4. 1994 P74 [41ghl Sekeq MA O"M NA E OF OMPLAINANT NO. OFFENSE G.L. Ch. and Sec Cit;7 of Salem_ Toning Enforcement Officer ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green f Sity of Salem Sign Ordinance Salem, MA 01970 3-45(F) 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Marlborough Rlty Tr., Pernakas G.,Tr. c/o John Cappuccio s. City of Salem Zoning Ordinance 49 Orchard Street 4. COURT USE A hearing upon this complaint application r DATE OF HEARING TIME OF HEARING COURT USE ONLY--P, I will be held at the above court address on AT U 4--ONLY CASE PARTICU - PECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY V VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen. wnat Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed. etc. $250. Marijuana.gun.etc. 1 2 3 4 OTHER REMARKS: When the store manager was approached regarding thlse violations his response was, I will not comply, take me to Court. x SIGNATUPE`OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECU Rill NUMBER SEX RACE HEIGHT I WEIGHT EYOrS HAIR , OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME t DC-CR2 131881 premises upon which the sign is located are prohibited.In the G. In any event event that the on premise activity changes, the proprietor exceed a length of will have ninety (90)days to alter the sign in order to reflect feet; except that c the new activity.If,after ninety(90)days,no such alteration erection of billbo., occurs;or the premises are vacant of an activity for a ninety advertising devicc (90) day period, then the sign becomes an off-premise sign length and fifteen and must meet the requirements set forth in Section 3-56, hundred (300) fee( B. Signs which contain or consist of pennants, ribbons, H. No billboard streamers, spinners, other moving devices or other similar played or maintain �.devices-are-prohibited. in which one-half m C.Signs which have blinking, flashing or fluttering lights street are used pat 1—'or-other-illuminating devices which have a changing light or in any Planned intensity' ghtness oor-color, are prohibited. I. No billboard D�Signs which'are pasted or attached to utility poles,trees, displayed or maint: fences';other signs,or structures which are on or over public Outdoor Advertisi _. orways ways are prohibited. Massachusetts in E!Mov$ble or portable and so called "trailer,signs" are regulations. prohI6ifed;wiihihe exception of signs and other advertising J. Section 3-56 devices on rolling stock. erected and main advertise or indic ;l-56 BILLBOARDS AND OTHER OFF-PREMISE SIGNS. premises in questic No persons, firm, association, or corporation shall erect, advertising the pro display,or maintain,within the limits of the city,a billboard or to let and whicl or off-premise sign unless it meets the following 3-57 SAME — PE requirements or unless it was approved by the Massachu- Whoever violates setts Outdoor Advertising Board under Section 30 and 32 of this Ordinance shat Chapter 93 of the General Laws, or by any amendments or fifty dollars ($50.00 additions thereto,in which case any such off-premise sign or violation unlawfully billboard shall comply with the requirements of this Section sign for twenty (20 and all other sections of this Ordinance by January 1, 1975. fine of not more th A. Within fifty (50) feet of any public way; 3-58 CONSTITUTI B.Within three hundred(300)feet of any public park,play- If any provision c ground or other public grounds,if within view of any portion tional or illegal by of the same; Supreme Judicial C, C. Nearer than fifty (50) feet to any other such billboard, the remaining pro off-premise sign or other advertising device, unless said affected thereby." billboards or off-premise signs are placed back to back; Section 2. This or D. On any location at the corner of any public ways and the City Charter. with a radius of one hundred and fifty (150) feet from the In City Council Auf point where the center lines of such ways intersect; Ref. To Committee E.Nearer than one hundred (100)feet to any public way,if In City Council Dec within view of any portion of the same, if such billboard or Adopted for first p. off-premise sign shall exceed a length of eight (8) feet or a In City Council Dec height of four (4) feet. Adopted for second F.Nearer than three hundred (300)feet to any public way, Approved by the M, if within view of any portion of the same,if such billboard or off-premise sign shall exceed a length of twenty-five (25)feet or a height of twelve (12) feet; 16 i� 5-49 SAME — SIGN AREA. The area of the sign containing the "P" shall not exceed twenty-four square feet on each face; it may have only two — faces and shall not exceed a height of twenty-five feet above grade. 5-50 ALTERATION, REPAIR AND REPLACEMENT OF . ON'PREMISE SIGNS. ' Eitcept for copy changewon signs with changeable.letter paiieis, no sign shall be recodstnicted;extended,changed C stnicturally or in content or ieplaced=exceptid accordance wi 'this Ordinance.A sign which does not conform with this 0 ihance may be repaired provided that the cost of repair does not exceed thirty-five percent of the replacement cost of the entire sign,except that an electric time and temperature sign which is an integral part of a nonconforming sign may be repaired or replaced with no restriction on the cost of the repair or replacement. A nonconforming sign which is _ deemed unsafe by the building inspector shall be removed by its owner. r SIGN 5-51 SIGNS IN URBAN RENEWAL PROJECT AREAS. WALL In an urban renewal project area, there shall not be any sign which does not comply with this article and with the urban renewal plan for such project area. 5-52 POLITICAL SIGNS. 1, All signs associated with a political campaign shall be exempted from the provisions of this ordinance provided that they be of a temporary nature and shall be removed within thirty days after the date of the election to which they refer. 5-55 SAME — PENALTY FOR NON-REMOVAL. The candidates involved shall be held responsible for the 2 Ft. Max. removal of signs and placards necessary to fulfill the provisions of this section of the Ordinance. Failure to do so within the Slotted time shall result in penalties of not more than$5.00 per day per sign with a maximum penalty of not more than $50.00 per sign. +rVl-54 I LLUM I NATION. ;, A:„,Flashing-lights-or-simulations of traffic signals or emergency vehicle lights shall not be used. In addition, red and green colored lights shall not be used when so placed that they could obscure or hazard the clear vision of traffic control signals viewed from any point on an approaching —� public way or if,in the opinion of the Building Inspector,such light would constitute a hazard. B. Spotlights or floodlights shall not be aimed so that any portion of the main beam can be seen from a public way. 1 5-55 PROHIBITED SIGNS: A.On-premise signs which advertise an activity,business, product or service no longer produced or conducted on the 15 Art.VII, § 7-19 SALEM ZONING ORDINANCE SUPPLEMENTARY REGULATIONS ments, the restrictions listed below shall requirements for such landscaping are as 4? 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 spaces. Trees shall be planted in plant which are required to obtain a site plan beds bounded by six-inch granite review special permit. ! curbing. § R , 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 dimension of in the Entrance Corridor Overlay Districts: such plant bed shall bee 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 (1) three and one-half-inch to four-inch a. No fence along a front or side lot line caliper tree every twenty-seven(27)feet shall be more than four (4) feet in (in line with striping) and other appro- height,as measured from the curb level priate landscaping. ?r' of the street, or average grade eleva- 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. 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- a'{ c. Any fence constructed within an En- rider 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- 2view the size,location,type of material ) curb cuts no greater than twenty-four and design of all signs located within (24)feet each shall be permitted for all com- an Entrance Corridor Overlay District. mercial uses. 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. IA parking areas, residential land uses and d. Approval by a simple majority of this +1� open space areas. committee is required prior to a sign permit being granted by the city. (4) Parking areas. All parking areas of more 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- 4 t 48 face is allowed for a sign which incorporates a public service message device such as a time and temperature sign and (6) there are no exposed guy wires or turnbuckles. E: A free standing sign, provided that such sign has no more than two faces and (1) if there are one or two uses,as defined by Section 5 of the Salem Zoning Ordinance as amended on August 27, 1965,September 2,1969 and August 1, 1972,on the lot,the area of each face does not exceed sixty— five square feet and the top of such sign is no higher than twenty-five feet above grade; or (2) if there are three or more such uses on the lot, the area of each face does not exceed one hundred twenty-five square feet and the top of such sign does not exceed thirty feet above grade.A lot with a front lot line of two hundred or more feet may have two free standing,signs. F. Temporary signs pertaining to special sales or events lasting no more-than fifteen days may be affixed to windows provided that their total area does not exceed thirty percent of the window.No permit is required for such temporary sign or signs. G. Directional signs necessary for public safety and convenience which do not exceed twelve square feet per face and which bear no advertising.Such signs are not counted in computing total sign area allowed by this Section. H. A sign painted on or attached to the face of, but not extending above,a canopy or marquee,or a sign attached to the under side of a canopy of marquee. I. A sign painted on or attached to an awning. J.A sign may bear lettering to indicate the street number, the name and kind of business,service or facility conducted on the premises, the year the business was established, a slogan, hours of operation, time and temperature, and lettering which is part of a trade mark. K.The registered trade mark of a specific commodity may occupy no more than twenty-five percent of the area of a sign,except that if the sale of said commodity is the major business conducted on the premises, there shall be no such restriction. L. Signs shall be lighted only by any continuous light, except that a warning sign or a sign illuminated to show time and temperature may have intermittent illumination. Signs shall remain stationary. M.No support for a sign shall extend above the cornice line of a building to which it is attached. N.The total area (1) in square feet of all permanent signs on a sign frontage, except for signs on windows above the first floor,free standing signs,and directional signs shall not exceed: 9 (situ of *tt1Pm, massar4usletts Public Prnperttl Bepnrtment ' Aluilbing Department (One Belem (Irern 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 1, 1994 Marlborough Realty Trust Pernakas, G. , Trustee c/o John Cappuccio 49 Orchard St. Salem, MA 01970 RE: 274 Highland Avenue Dear Mr. Cappuccio: I have reinspected the above referenced property and except for the banner sign all violations have been corrected. Please contact this office as soon as said banner sign has been removed. Also, I am requesting the removal of the barriers at Orleans Ave. area. which will require your obtaining the permission of the Licensing Board. Once the banner is removed and this office has been made aware of the removal all charges will be dropped and there will be no need of your appearing in Salem District Court on June 22, 1994. If I can be of any further assistance do not hesitate to call. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor O'Leary David Shea \274hgld\ business Lerultcate Citp of 6a em, AI&gni bUgettg 3 � or s _M 9B�/Ml�vg tA� DATE FILED 1947` Type: a New Expiration Dat 43 lgqk ❑ Renewal, no change Number 94 129 ❑ Renewal with change ! In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: / S or C-L at. 2_71�2 1� A / a ry✓r type of business_ ,5 L n t— - by the following named person(s): (Include corporate name and title if corporate officer) _ n r, 1P 2-7Full Name ' I `Residence -� c2 4f� h Ja!z Sienatures / f� -------- ------------------------- oo/'yy'[/'' ---------- ----------------------------------------------------- on iat 19TIhe above named perspn(s) personally appeared before me and madean oath the foregoing statement is true. C exd�_ .� -----,-------------------------=- - ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented .• _ ' State Tax I.D. # J S.S. # 1'7 l-3d - 2 g7 (if available) T In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which , such violation continues. Titij of *ttlem, fitttssac4usetts Publir Propertq Deuartment Nuilbing Department (One *stem 6rern 500-745-9595 $xt. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 1, 1994 Marlborough Realty Trust Pernakas, G. , Trustee C/o John Cappuccio 49 Orchard St. Salem, MA 01970 RE: 274 Highland Avenue Dear Mr. Cappuccio: I have reinspected the above referenced property and except for the banner sign all violations have been corrected. Please contact this office as soon as said banner sign has been removed. Also, I am requesting the removal of the barriers at Orleans Ave. area. which will require your obtaining the permission of the Licensing Board. Once the banner is removed and this office has been made aware of the removal all charges will be dropped and there will be no need of your appearing in Salem District Court on June 22, 1994. If I can be of any further assistance do not hesitate to call. Sincerely, ��/�t�,-mac.✓ Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor O'Leary David Shea \274hgld\ APPLICATION CCJ ADULT NUMBER \ Trial Court of Massachusetts FOR COMPLAINT 0 JUVENILE District Court Department , ;w ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. Sallem Qisesid Cwt DATE OF APPLICATIONDATE OF OFFENSE PLACE OF OFFENSE bS Washir }ton.Sh-QEt It Sateen MA 09970 NAME OF COMPLAINANT City of Salem, Zoning Enforcement Officer NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green t Sity of Salem Sign Ordinance , Salem, MA 01970 3-45(F) 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Marlborough.Rlty Tr., Pernakas G.,Tr. c/o John Cappuccio 3. City of Salem Zoning Ordinance 49 Orchard StreetAec-7-119(clil - Fences 4. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COU',RT USE ONLY will be held at the above court address on AT *---ONLY CASE PARTICU PECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY V 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 2t 3 .r` 4 OTHER REMARKS: When the stove manager was approached regarding these violations his response was, I will not comply, take me to Court. X SIGNATURE OF COM PLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(M FATHER'S NAME A O 3 r r D z D z N n O 'D DC-CR2(3/88) _ Conditionscof`the' license for Mill Hill Beverages, Inc. 274 Highland Ave. 1. The licensee shall insure that no trash will be stored outside the premises, except the evening before the regularly scheduled pick-up day, by the licensee or any of its tenants. 2 . The licensee covenants that no additional outside lighting will be installed at the premises, which would affect the abutting Orleans Avenue residential area. 3. The licensee shall install a barrier along the westerly side of its parking lot, preventing ingress and/or egress from the parking lot onto Highland Avenue and the adjacent business parking lot. 4 . The licensee shall install a barrier along its northerly (Orleans Avenue) boundary line, preventing all ingress and/or egress of motor vehicle traffic from the licensee's property onto Orleans Avenue. BUTTERWORTH & O'TOOLE, INC. ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY NEWTON OFFICE SALEM OFFICE P.O. BOX 238, NEWTONVILLE,MA 02160 P.O. BOX 8294, SALEM, MA 01971-8294 TELEPHONE (617) 969-6370 TELEPHONE (508) 741-5731 FAX (617) 969-3135 FAX (508) 740-9109 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City Hall 1 ( City Hall Addresses Salem, MA 01970 ) ( Salem, MA 01970 RE: Insured: John & Bertha Cappuccio Property Address: 274-276 Highland Avenue Salem, MA 01970 Policy No. : R021177 - Norfolk & Dedham Mutual Fire Loss of: Wind Damage - 3/13/93 File or Claim No. : 36-02285 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000. 00 or cause Mass. Gen. Laws, Chapter 143 , Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139 , Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Robert L. Smith, Jr. _ Adjuster •' BUTTERWORTH & O'TOOLE, INC. ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY NEWTON OFFICE SALEM OFFICE P.O. BOX 238, NEWTONVILLE,MA 02160 P.O. BOX 8294, SALEM, MA 01971-8294 TELEPHONE (617) 969-6370 TELEPHONE (508) 741-5731 FAX (617) 969-3135 FAX (508) 740-9109 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B TO: Building ' Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City Hall 1 ( City Hall Addresses Salem, MA 01970 1 ( Salem, MA 01970 RE: Insured: John & Bertha Cappuccio Property Address: 274-276 Highland Avenue Salem, MA 01970 Policy No. : R021177 - Norfolk & Dedham Mutual Fire Loss of: Wind Damage - 3/13/93 _ File or Claim No. : 36-0228S Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000. 00 or cause Mass. Gen. Laws, Chapter 143 , Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139 , Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Robert L. Smith, Jr. _ Adjuster _ Speed Letter© as-sot Speed Lettere� � /lamps To From _'y Subject -NO 9&10 FOLD MESSAGE q �-- 66 n Date 2X Signed D�� REPLY _..9 a roLD r P✓ .V/l r L.,/� %d Q9 ;7'e Date ��s1/Qd Signed WilsonJones RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY GRAYLINE FORM 44-W2 3-PART t1983•PRINTED IN US A 1184 SENDS%—D_ SC AND RETAdN YELLOW COPY. SEND WHITE AND PINI; COPIES WITH CARBON INTACT .;j � N +wWn.�B Srwi, I N, h' i'";':'''f" FF.,,!''.tP 1 Y 1 i•ti+'s._,5R`a {C4T^i.„ '_._a " ,�is yF &t $::x "Aa'._,: CERTIF IC AT�J$5}f•ED _. ` :..: ...'r ,' .•. DATE s ' C1TYlJF SALEM ' ' �.; SALEM; MASSACHUSETTS 01970 BUILDING PERMIT. - G ' # CERTIFICATE OF OCCUPANCY DATE' mai 6R - 19 92PERMIT NO. 197-92' -APPLICANT ryl.• 68[lt� ADDRESS Andover.MA. _.• •' yy ��, �. INA.) ISTR L[TI (CONI R•S LICENSE' NUMvE OF CRMIT TO " nhmTmp HA97i (_1 STORY t)@1IlCIN TPB '`7 OWEL LING UNITS AF ....OY[M[NTI N0, 'PROPOSED V[[) - ..AT'(LOI aITIai)' 272 Higblw7d AverEivs :%hrd 4 DIISTN CT B-2 5 ,... �". INq.I If TR[AI BETWEEN AND _ ICROSS STRE['TI '(CROSS STRLETI LOT' .,.SUBDIVISION' { _ LOTY - BLOCK - - ' S:LE• }I} BUILDING Is-T0 BE FT. WIDE P., FT. LONG BY '� FT. IN HEIGHT-AND SHALL CONFORM IN CONSTRUCTION fTO;TVPE' �• USE GROUP BASEMENT WALLS OR FOUNDATION E a.TR1Q741U M HANWCAP &UHROODS AC MARKS: .< CLL FOR PERMIT M OCCUPY 745-9595 lfl�l lum � 9�11 AOCA OR f VOLUMC C:SIU fOueRE F[[Tl ^-`__ pros PllprEl saTOr[lpE'TIOE'fl pE'Irb!'WOlylp!D ON PREMISES sf110tTp OWNER f� Ld1U� T RE POSTED ON PREMISES ADDRESSH4 C�atlenez+e P113C@A nu•+�41 SEE REVERS S DE F CONDITION OF CERTII,lftJE .cdn,I �p CERTIFICATE ISSUED _ DATE 5/7/92 _ F' CITY OF SALEM SALEM, MASSACHUSETTS 01970 BUILDING PERMIT - aT4 CERTIFICATE OF OCCUPANCY DATE March 10• 19 92 PERMIT NO. 87-92 _APPLICANT n l'eADDRESS No. TAMA. -I 1164 INC.) ISTR[[TI (COMP'S LICCMIIEI PERMIT 70 ~REN(7VATIONS (tel STORY +UCSCUAT DONM _ NUMBER OF DWELLING UNI Cl 11.11 Or IMRROY(M(Mll -NO. IRROPOSED USE) T ILou'no�l 272 HIMIAM AVE,E W D 4 ZONING B-2 .; " ±AiIO N INo.I IST R[wr BETWEEN AND _ ICROES STREET) (GROES ETREETI LOT SUBDIVISION' r LOT BLOCK SIZE F BUILDING,IS TO BE FT. WIDE P., FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION C, t TOTVPC USE GROUP BASEMENT WALLS OR FOUNDATION IT.P[1 1N neM.RKs: zncia RanVATIONS fm D[ aaN D(oms . . . . . CALL EM PERMIT TO OCCUPY 745-9595 ' •.AREA OR w fJ VOLUME ' a:Rlc.sow RE r[ETr de9m�+rd-nswrdT-Er 11 am 091139 il fafa sAr I beard Olr d'I'11 sSrErse9rdeT drnlalEls OWNER ftniando CHfUS TO BE POSTED ON PREMISES ADDRESS 84 Castlemre P1.1 NO. Andaver,MA. SEE REVER?t�)DE FOR CONDITIONS OF CEPDfj.i#fTE C0 CITY OF SALEM HEALTH DEPARTMENT C 4 PH !£� BOARD OF HEALTH9 North HLF 7,• ROBERT E. BLENKHORN Salem, Massachusetts 01970 �FTYz7F F9a�+a,�gS$, HEALTH AGENT 508-741-1800 March 3, 1992 Dunkin Donuts _ 201 Canal Street Salem, MA 01970 Attention: Fernando Cafua & Claudio Santos Re:T'Proposed "Dunkin Donuts", Highland Avenue & Marlborough_Road Dear Sirs: On February 27, 1992 a plan review was conducted regarding the proposed Dunkin Donuts located at Highland Avenue. The Health Department issues the following comments in accordance with State Sanitary Code, Chapter X: "Minimum Sanitation Standards for Food Establishments". - Walls, floors and ceilings in food preparation, food storage warewashing areas, and all walk-in refrigerators, dressing rooms, toilet rooms shall be constructed of smooth non-absorbent easily cleanable surfaces. An example is stainless steel, "glassboard" or equivalent material. The floor is to be serviced by a drain. - All equipment and utensils to be constructed of stainless steel or an equivalent smooth easily cleanable material. Equipment to be installed with adequate space surrounding it to allow for regular, effective cleaning. - Accessible wall-hung handwashing sink(s) with liquid soap and paper towel dispensers to be installed in each food preparation and warewashing area. Sinks used for food preparation or for warewashing shall not be used for washing of hands or for any other purpose. - In new establishments at least one (1) service sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops or similar cleaning tools and for the disposal of mopwater. Hand- washing or warewashing facilities or food preparation sinks shall not be used for this purpose under any circumstances. continued SALEM HEALTH DEPARTMENT ° 9 North Street Salem, MA 01970 Dunkin Donuts Attention: Fernando Cafua & Claudio Santos Page 2 of 2 March 3, 1992 Re: Proposed "Dunkin Donuts", Highland Avenue & Marlborough Road - Three compartment sink shall be installed in all new food establishments and in all establishments which were in existence prior to the effective date of these regulations, whenever such establishments undergo substantial renovation or transfer of ownership. Sink compartments shall be large enough to accomodate the immersion of most equipment and utensils, and each compart- ment of the sink shall be supplied with hot and cold running water,drain board shall be installed with sink.. The installation of exposed horizontal utility service lines and pipes on the floor is prohibited. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls, floors and ceilings. - All construction must also meet the code requirements set forth by the Building, Fire, Electrical and any other pertinent municipal departments. - Any changes of this proposed food establishment requires Board of Health approval. The Health Department appreciates your cooperation in this matter. Contact this office to arrange compliance inspections throughout the construction process. If you have any questions, kindly contact this office. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, III, R.S. HEALTH AGENT SENIOR SANITARIAN REB/m cc: Building Department Electrical Department Fire Prevention Licensing Department l� x• wy�. y Hol oke Mutual Insurance Company L. in Salem Holyoke Square,Salem,MA 01970-3391,Tel.(509)7448123 v f'e ¢' r� Form of Notice of Casualty Loss to Building Under Massachusetts General Laws, Chapter 139, Section 3B 0: Building Commissioner or 1 Board of Health or Inspector of Buildings Board of Selectmen addresses RE: Insured: k A tZA1F cI Property address: / ' �/ �;7;i _21zn i �/7 A a 11 ) 1 Policy No. f7 P? Loss of L! �d I/Fi�/�F/1 B 19 rJ V File or Claim No. 7 9 3 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,0.00.00 or. cause 1 Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. 9 Z_ On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. r Signaty a and dat4 845-1082 (7/88) :Speed Letter: as-sot Speed Lettere To Joa l l Jcl ,l s- ro a e e to Subject �L e. LSL , SG��/yi�/yi� .o o•mnno MESSAGE � i,Z' CIxeS Date&L q Signed , REPLY Date Signed WilsonJones RECIPIENT—RETAIN WHITE CO°Y. RETURN PINK COF GRAYIINE EON.. --W2 1.W [IW3-PNINIEO INV 5 A ��. .; C �. �„ �M1 y r -yam' >. i W:_ ��; t' 1, 1 1 LAW OFFICES �'� SSA ) Usk/ F7SA DECOULOS & SPITZEF2 sA II 248 ANDOVER STREET AT WIL'LOWDALE LANE - 2 PEABODY, MASSACHUSETTS 01960 USA17C D S�USA17C_t . ^ USA17cya.+ USA17wW �J. Richard T . McIntosh, P 381 418 552 Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 CERTIFIED MAIL RETURN RECEIPT REQUESTED ` 1 \ . xL1 W3 Fi-T ft1 r;tL# LAW OFFICES DECOULOS & SPITZER 248 ANDOVER STREET AT WILLOWDALE LANE PEABODY, MASSACA4E+S BIG*Pki '83 18171 532-1020NICNC D --1 /^ KARL_ G. PIJ. ZECOULo9 CITY (�R CSFIVJ/3 1 / P KARL G. SPITZER NIT1 M� SALEM��f{'i��{�/S.� 1/`//) JAMES N. DECOULOB March 2, 1983 Board of Appeals City Of Salem One Salem Green Salem, MA 01970 APPEAL BY PERSONS AGGRIEVED BY REASON OF THEIR INABILITY TO OBTAIN ENFORCEMENT ACTION An appeal is hereby made by George J. Zambouras and Linda Zambouras to your Board because they are aggrieved by the failure of the Building Inspector, Richard T. McIntosh, to enforce the Zoning Ordinance of the City of Salem. Copies of letters dated December 13, 1982 , Exhibit A , and December 15 , 1982 , Exhibit B, are attached hereto, expressly made a part hereof and incorporated herein by reference . The Building Inspector ' s response was not received by the parties requesting enforcement until February 25 , 1983• The violation of the Zoning Ordinance described in Exhibits A and B is being made by Tri-City Sales , Inc . , 272- 274 Highland Avenue , Salem, the owner of property immediately abutting property owned by the aggrieved parties. The Building Inspector in his letter of December 15 , 1982 , identified the area as Lot 99 , City of Salem Assessor ' s Map 8. A further description is Lots 89 and 90 as shown on a plan numbered 11 , 802C drawn by Thomas A. Appleton, Civil Engineer , dated May 5 , 1928 , and filed with the Land Registration Office with Certificate of Title No. 7179 . Tri-City Sales , Inc. acquired that real estate by deed of Blue Star Diner, Inc . dated March 7 , 1980 , and recorded with Essex South District Registry of Deeds , Book 6683 , Page 775 and referred to in said deed as Document No. 173790 and being parcels 1 and 2 described in said deed. It is respectfully requested that a hearing be scheduled by your Board in order that the parties involved may be heard as to why there is a failure on the part of the Building Inspector to enforce the Zoning Ordinance of the City of Salem. LAW OFFICES OECOULOS & SPITZER 246 ANDOVER STREET AT WILLOWDALE LANE PEABODY, MASSACHUSETTS 01960 NICHOLAS J. DECOULOB (617) 532-1020 IKARL 0. SPITZER JAMES N. DECOULOS For the purpose of guiding you in conducting this hearing, I refer you to Chapter 40A, Sections 7 and 8 and the case of Carl A. Neuhaus et al . v. Building Inspector of Marlborough , et al . , 1981 Mass. App. Ct . Adv. Sh. , 161 . George J. Zambouras and Linda Zambouras i By Their Attorn ' 7" ICHOLAS Hereunto Duly Authorized Duplicate original : City Clerk, City of Salem CERTIFIED MAIL RETURN RECEIPT REQUESTED cc : John R . Serafini , Esq. Mr . George J. Zambouras Building Inspector -:Mlles r'p5X - j, December 13, 1982 Building Inspector City of Salem 1 Salem Green Salem, MA 01970 Dear Sir: Please be advised that this office represents George Zambouras and Linda Zambouras , who are the owners of the land and building located and known as lot no. 92, Marlbourough Road, Salem, Mass. , and immediately abuts property owned by Samuel Rome or Tri-City Sales, Inc . or both of them. On their behalf, I am calling your attention to the fact that the land adjacent to my clients ' land is located in Res. A B-2 district and according to my clients, does not have the benefit of a variance nor is it a non-conforming use. Accordingly and on their behalf, I an, requesting that You enforce the Zoning Ordinance of the City of Salem and the violation of the Ordinance. This request for cessation is being made to you in accordance with Ch. 40A of the General Laws of Massachusetts . Very truly yours, DECOULOS S SPI r Nichola J. Decoulos NJD:mc. cc: Geo rge Zambouras 1 cc:Linda Zambouras a VjifU of Puhlir Frayedq gynemrnt '"`��p0` �1iLlaili$ �P�JtCTtxu2Tt Richard:T. McIntosh One Salem -Green . —7 0 �J 745-II213 Z, ! F E' 1' - December 15, 1982 GecOU,iu & .p,,Lzer David Cohen Tri City Sales 272-274 Highland Ave. ' Salem, Massachusetts 01970 RE: Zoning Violation Dear Mr, Cohen: Please be aware of the fact that Lot 499 City of Salem Assessors Map #8 located at the rear of your building is in an R-1 Zoned District. You are not allowed to use this lot for parking or for any. storage of trucks under the City Zoning Ordinance. You must therefore Cease and Desist from all illegal uses of this property immediately. You may make application with this Department for Board of Appeals Decision regarding th use of Lot #99. Failure to comply with any of the above will result in this matter being pursued through the Courts for whatever action they may determine, i Very truly yours, Richard ��McIntosh�TL'T" Zoning Enforcement Officer RTM:bms r � Cq � �� E /I PERIODIC OR SURVEY INSPECTION REPORT X -i/ V- S �1Date /2-/1S/g-2 `�'O `� INSPECTOR _ {/� L Location �" / � _`/ � / �� l� 4 "& cl 7J- Responsible Partie ResponsibleParties --- I V 1. Owner // tL—U ,/' . .l�-V "�-�✓'t / Telephone Address . I 2. Owner's Agent Telephone Address 3. Tenant Telephone Address 4. Contact Telephone Address TYPE OF INSPECTION i � Periodical Survey Special ZONING STATUS Conforming Non-Conforming Map District _I Use Use BUILDING CODE STATUS Before After Fire Code - Code Type Class Stories Limits Legal Use or Occupancy Actual Use or Occupancy Fee Class Fee Invoice No. To No. Notify No. Compliance Date Notice No. Checked by Violations of SUPERVISOR I have made an inspection at the premises described above and hereby submit my report and recommendations: GENERAL OBSERVATIONS Yard Sanitation Exits Building Exterior Exit Signs Accessory Buildings Fire Doors Accessory Structures Sprinkler System Parking Facilities Storage Space Loading Facilities Heating Apparatus Fences Flammable Liquids Interior Sanitation Incinerators Signs Air Conditioning & Refrigeration Elevators & Escalators Electrical Wiring Plumbing r C' 0-rvl(/o ?� 42 �ov�aS &---e-o o htJ a YC (mace 7-t ij -f-ad 1 v ✓�^ �PE�RIOD/IC— OR SURVEY INSPECTION REPORT G — "/' //T�c/ Date INSPECTOR Locations} Responsible P artier---� ``,, (/� 1. Owner �V / �0 Telephone rnrn J Address 2. Owner's Agent Telephone Address 3. Tenant Telephone Address 4. Contact Telephone Address TYPE OF INSPECTION Periodical Survey Special env ,1-n ZONING STATUS Conforming Non-Conforming Map District _ Use Use BUILDING CODE STATUS Before After Fire Code—Code—Type—Class—Stories—Limits Legal Use or Occupancy Actual Use or Occupancy Fee Class Fee Invoice No. To No. Notify No. Compliance Date Notice No. Checked by Violations of SUPERVISOR 1 have made an inspection at the premises described above and hereby submit my report and recommend oti on s: h I �' 6 11--" GENERAL OBSERVATIONS Yard Sanitation Exits Building Exterior Exit Signs Accessory Buildings Fire Doors Accessory Structures Sprinkler System Parking Facilities Storage Space Loading Facilities Heating Apparatus Fences Flammable Liquids Interior Sanitation Incinerators Signs Air Conditioning & Refrigeration Elevators & Escalators Electrical Wiring Plumbing y� Ci 7-( A �at- --7 PERIODIC OR SURVEY INSPECTION REPORT 1—dS /I Date INSPECTOR Location / ✓"1 �l// / Responsible Parties... 1. Owner Telephone Address 2. Owner's Agent Telephone Address 3. Tenant Telephone Address 4. Contact Telephone Address TYPE OF INSPECTION Periodical Survey Special / �� / ZONING STATUS Conforming Nom Conforming Map—Di strictUse Use BUILDING CODE STATUS Before After Fire Code Code Type Class Stories Limits Legal Use or Occupancy Actual Use or Occupancy Fee Class Fee Invoice No. To No. Notify No. Compliance Date Notice No. Checked by Violations of SUPERVISOR I have made an inspection at the premises described above and hereby submit my report and recommendations: 2Q �D,zr q —/ /(7C/ GENERAL OBSERVATIONS Yard Scmit.ti.n Exits Building Exterior Exit Signs Accessory Buildings Fire Doors Accessory Structures Sprinkler System Parking Facilities Storage Space Loading Facilities Heating Apparatus Fences Flammable Liquids Interior Sanitation Incinerators Signs Air Conditioning & Refrigeration Elevators & Escalators Electrical Wiring Plumbing 41 PERIODIC OR (SURVEY INSPECTION REPORT/ Y! �.��t ✓ �� \ Date INSPECTOR ^^ � IIQR-y1 Location_ —I—OL Responsible Parties--- 1. Owner Telephone Address 2. Owner's Agent Telephone Address 3. Tenant Telephone Address 4. Contact Telephone Address TYPE OF INSPECTION Periodical Survey Special / R� ZONING STATUS Conforming Non-Conforming Map—District—Use Use BUILDING CODE STATUS Before After Fire Code Code Type Class Stories Limits Legal Use or Occupancy Actual Use or Occupancy Fee Class Fee Invoice No. To No. Notify No. Compliance Date Notice No. Checked by Violations of SUPERVISOR I have made an inspection at the premises described above and hereby submit my report and recommendations: GENERAL OBSERVATIONS Yard Sanitation Exits Building Exterior Exit Signs Accessory Buildings Fire Doors Accessory Structures Sprinkler System Parking Facilities Storage Space Loading Facilities Heating Apparatus Fences Flammable Liquids Interior Sanitation Incinerators Signs Air Conditioning & Refrigeration Elevators & Escalators Electrical Wiring Plumbing -^PER`IIOODIC /O_R SURVEY INSPECTION REPORT /l G�Y✓I / r/-) Date o� �/ 7 INSPECTOR Location a- / �- — a q /'�[ A N rLit,C H'��I '✓ 1 Responsible Parties.•• l �{ / U 1. Owner (/ Ol, (} L~0 l-y4 ✓ / Telephone Address 2. Owner's Agent Telephone Address 3. Tenant Telephone Address 4. Contact Telephone Address TYPE OF INSPECTION / Periodicol Survey Special emr filA.' 1 ZONING STATUS Conforming Nom Conforming Map District Use Use BUILDING CODE STATUS Before After Fire Code Code Type Class Stories Limits Legal Use or Occupancy Actual Use or Occupancy Fee Class Fee Invoice No. To No. Notify No. Compliance Date Notice No. Checked by Violations of SUPERVISOR I have made an inspection at the premises described above and hereby submit my report and recommendations: GENERAL OBSERVATIONS Yard Sanitation Exits Building Exterior Exit Signs Accessory Buildings Fire Doors Accessory Structures Sprinkler System Parking Facilities Storage Space Loading Facilities Heating Apparatus Fences Flammable Liquids Interior Sanitation Incinerators Signs Air Conditioning & Refrigeration Elevators & Escalators Electrical Wiring Plumbing- (19.c fi.zd 17.d4;, dal 7- 74 A Com ot- �g, to 7r/�l.l<�, I - -- v y' Y iC !` nLTii ae. On narking "n0."'.n ancis rt_ dduced the followinv report for the o T I 0rounc� lOr F=' ,/ ... ' �nd re i'Te"erdati°rs ;d°pted: � the .repo-t;v:as accepted t * p ' +The Commsee on Traffic %° o was referred the matter both side o` Ahorn Street from Boston Street to Ord Street r^` ed. sal ,\ t atter and would recomme.i3 ,.kra , this be adopted.' 908. c " or- O o r Chance l COxLnciPor, Rafter introduced. the following report. for the Highland Ale. k' ndk the report was accepted and ='erorrmendations adopted { the mettnr c£ c anging nThe Committee on Ordinances to whew wras referred , trn. A: . toning on: Highland Avenue from General Residence to, Business. ha�_ cc: s ere. saz [M1 Ordinance be adopted.'+ y: and would recommend that the follOwring ooq,• nc The following Ordinance was then adopted for First Passage by a roll call vote Ort�h'�nd .xti9 o8, 10 Yeas and 1 Absent. 7 Tn the year one thousand nine hundred and fifty-fear. f �� q Ordinance to amend an Ordinance relating to zoning. t 24i.' BY it ordained by the City Council of the City 0- f, Salem, as fol lows: P A r+ao of the. City °f Salem be changed so that that area SECTION 1.. That the Zoning _. , ? hland Avenue bcunded and described as i ."{ land situated on the NorthwesuerlY si..e °. izg ! follows: 11 a plan o �tpr�- corner o£ s4id lard en Highland A*.emxe as shown•ox�. Beginning at South a -r t 9 Hereinafter mentioned; ^. e of Highland -venue Southweste thence running by the Northwesterly street lirly five Ihundred (500) feet to ROckmP.re Street as shown on said plan; thence turning and running Northerly and Northwesterly by Rockmere Street, on two ' 100 O6 7O) feet to Lot No. 114 as shown.on said n Ay 4 ours..s three hundred six and 7O/ (3 / s I plan: six and runningEasterly, Northeasterly six hundred eleven and 61 /100 r (611.64) feet. as shown on said plan; thence turning-.and rw^Hing S°uthe0/100 (37[•80 )1 asterly three hundred seventy-five and 8 � to Eig bland Avenue and the point begun at* feet as shown on said plan Said area is shown on a plan entitled, Land in Salem, Mass• , Alice F. Enmerton Appleton, C. Etal. to Ernestine Belanger, Scale 1 in.= 100 ft., Dec. 1947, Thomas A• p I - ed and zoned as a Business D's- J Nowr zoned as a General Residence District, be map,p trict and placed in CLASS 5. vided by the City Charter. SECTION 2. . This Ordinanre. shall-take effect as proi 951. innin 8q Ordin Second Passage of an Or changing the zoning at V' Virni The matter of ich was introduced on Octobe. 28, 1954 was then taken up and Councillor Rafter moved .. .o.., e Voted matter be laid on the table. 1125.f Certain A list of renewals of certain licenses was referred to the bo' mnittee on License: a i and Permits. 1125. 'ease Councillor Francis introduced the following report for the Committee on License; and Permits and the report. was accepted and recommendations adopted: "The Committee on Licenses and Permits to whom was referred the matter"of: granting certain licenses has considered said matter and would recommend that the following be granted: i NEW LICENSES TAXI OPERATORS Leo J. Chaput, 102 Leach St. Frank R. Freeman, 83 Lynn St., Pea. Ernest L. Keenan, 25 Roslyn St. Paul E. Levasseur, 139 Balch St., Bev. Vincent R. McNeil, Jr., 159 Derby St. " 990 w._____–�__..._.�... _ _—�Y__--�. 7by -Zoning The matter of Second Passage of an Ord on November 12, 195[jbland Ave. changing certain land on Highland Avenue fence to Business was_th_en taKwn up and passed vo-be ordain?d. Spproon November 9, 1954. 951. - -Bub. zone The matter of Second Passage of an Ordinance which was laid on the table until the next regular meeting on November 26, 1954 which changes the zoning at Vinnin Squa* from General Residence to Business was then taken up and CouncillorDavies moved that. the matter, be laid on the table until the next regular meeting on December 9, 1954, and was voted by a roll call *rote of 5 Yeas 2 Nays and 3 Absent. - 951. at Belleau Councillor Poitras moved reconsideration of the passage of the Laying Out and nond-Ter. Acceptance of Belleau Road and Desmond Terrace and further moved that the matter be laid.on the table until the next regular meeting, December 9, 1954• Voted. . 1127. 'Po11c? Co unrillor .Marquis introduced the following Order which was adopted and approved t 'h,, Mayor on idc ,ember 29 1954: ORDERED: T =at the Magor, the City Marshal, as well .as the Police Department Committee of the City Council study the advisab}lity for additional patrolmen, for night duty be a.-1ded on the present police force, and to make', a report to the Council . as a.-Don as.%pr ntd.-abje yp ' Al tj December -9 _ '-144 . . . .. The following Order recommended by the Mayor was adopted: i Ordered: That the sum of Twenty Dollars ($20.00) be and hereby is k transferred from the Assessors item "Expenses" to the Assessors item 4 "Salaries & Wages". this sum to be added to sums heretofore appropriated l for this purpose. Approved by the Mayor, Decemberl4, 1948 4dy The following Order recommended by the Mayor was adopted: Ordered: That the sum of Seven Hundred Dollars ($700-00) be and �. „ hereby is transferred from the Unclassified item "Salem Pollution Ehml^ the Electr nation Loan Hct, 1945"`toical Department item "Street Lighting " and Signals" . ofore appropriated for This sum to be added to sums beret this purpose. r December 14, 1948 , approved by the Mayor. „E > A `communication was recEiued frori the Council President, Wilfred J. Poitras announcing that he will notbe a candidate for the Presidency of ; . the council for 1949• Received and placed on file. 'Y„ - A note of appreciation from Councillor and Mrs . Poitras , thanking .the other Councillors for the gift present to them on the occasion of z th�anniversery was read and placed on file. . tt�it 2 5- — A petition for the re-zoning of Highland Avenue , between Veronar aFStreet and Thomas Circle from a General Residence District to a Business:* . w ' y District was referred to the Planning Board on the motion of Councillor ix - �•� ' The following report was received from the medical panel in the acase of Helen L. :Arnold and her :petition for an annuity: � r City Treasurer S'al'em., Mass. :his is to certify t'r,at. the undersigned three - ppo .nted physicians do unanimously agree that the late George H. Arnold . . Patrolman in the d of carcinoma of the rectum. Salem Police Department die8 :e further certify that the late George H. Arnold died from a natural " and proximate result of .undergoing a hazard peculiar to his employment MF _ and while narroiman and member of the Salem Police Department , City Ln-sneer data .:iepLeraDer 1 il ,. Court , Salem, vlas3. , Scale i in. = 20 ft. , ." deposited .in the oi _ic _ ci , the city engineer, to which plan reference may be had. z Said laying out , as nere.inbefore stated , isoveror bl 1c:^ '' Joseph. J. Kelley ,, M ry Horan, Patrick J. McCawrick at ur., Jc^.n toary Y tv i ux,... Lauis P.Dauwal> > , Ida Y. 'Callahan,, RuLa=] �. `lI kley ax sat. T' A. Turkowski and we hav2 c.onside-ea End estimated: no, ..1•'ama.- s st .cil in their property by the several owne.. •, aforesaid End all o .:ht r re.:. _ :s , i by the taring of said parcel of land: and. t' e la:yin� , out, of said if.'o i T;. Court , as shown on said plan. Said owners ma., remove ara and all buildings , trees, fences and. other property- , ,•rni, hill . obstr Ict' the building of such street or public way within 30 days fro- and aft r the acceptance of this laying out by the city council Given under our hands , this 23rd day of November i;: the ye_ nineteen hundred and fifty-one. j Thomas F. Tighe j Samuel F. Nyland l Francis L. Rafter Francis M. Griffin Ernest N. kpril City "Council Norman E. Davies Wilfred J . Poitras John H . 3urke Julian Szetela 'Philip L. T.Iorency x Approved by the Mayor on November 25, 1951. Councillor Tighe offered tiie following report for the Committee on Public Property and. Ordinances : "The Committee on Public Property and Ordinances to woa wash ° referred the matter of a change in zoning at Lot x301 Marlboro ..-h RcG"a from General Residence to Business has considered said matter and would ;,`• recommend passage of the attached Ordinance. For the Committee Thomas F. Tighe , Chairman" (- Adoption second passage of ternorary increase In the year one thousnad nine hundred an.d Fifty-one. ry An Ordinance to amend an ordinance relating to Zoning. Be it ordained by the City Council of the' City of Salem, as f,oll`ows : — oE�"TION 1. That the Zoning map of, the City of Salem be changed S0 that Lot No. 301 on the easterly side of Marlborough Road , bounded j and described as follows: Beginning on the .Easterly str--et line of Marlborough Street at ,the division line of Lots 302 and 301 as shown " on a plan hereinafter men- tioned en tioned acid running Northeasterly by the Easterly street line of N1arlborougir Street fifty ( 50) "feet to Lot 300 on said plan; thence 1 .r .__.------------_------------------ ��i turning and running southeasterly by Lot 300 as shown on said plan one hundred four and 22/100 (104.22) feet to Lot 369 as shown on . said plan thence turning and runnin- southwesterly by Lot 369 as shown on said plan fifty ( 50) feet to Lot 302 ; thence turning and running North- westerly by said Lot 302 .one hundred seven and 19/100 , (107.19) feet to Marlborough Street and point of beginning. The said premises being Lot 301 on a plan entitled "Flan of West End Heights, Salem, Plass. , a Owned by F. H. Griswold. Scale 1 in = 100 ft." and said plan being on file in the Office of the Assessors of the City of Salem. k ` now zoned as a general residence district be mapped and zoned as a - business district and placed in Class 6. 5EC'TION 2..�Th> -ordi_nannz shall take_7effec-as_provided by the Ciry Charter. i?eport accepted and recommendation of first passage of an Ordinan .; was voted on a roll call vote of .8 Yeas and 1 Present and 2 Absent. 6pA l On the matter of -second passage of an Ordinance of making i4 25> temporary cost of living adjustment permanent for CityEmployees was voted on .by a unanimous roll call vote. 1074. sk�xe:�:oved Councillor Davies offered tne. following order which was adopted: } M &LE D. -hat the Supt. of shade trees remove two trees on an unnamed public way that runs easterly at 241 Briggs Street. Said t traes - re damaging a building numbered 241 Briggs Street and that a R public hearing be held :at the next regular meeting. ciajr-- Councillor Davies offered the following order which was adopted: a ORDERED : That t'r:e .:City Electrician submit to the city council ti: colt. a .installation o£ hand-operated pedest-rian fights at the •cornier r .or Ui�ver or .:all :Strx�ats .on fiashiurt'011 aYuare north„ and that the t . ci.ffic -d-a--oartmetit .;sake the necessory ;uu_—,V-ey .for .-.such -install.-tion-. € 1Q70. al 22 -5.0 - Councillor Griffin offered file following order which was adopted : 1.rland ORjIL2ED: That tiie Mayor appropriate the sum of 41422. 56 for the instillation of actuated Traffic Signals at North and Highland Streets -.ceroved by the !�'ayor on i<ovember 20, 1951. nate Audible i Councillor Bumke moved reconsideration of the -vote of the City ` Alarm System ; Council at the last meeting on the audible signal system. Voted. 1 On the mst atter of the original audible signal sy ��awhich order : up for reconsideration - order referred to tie Fire Department CamA i AI Ion. the motion of Councillor Burke . rtment 'of � ce A. Lord Confirmation of the appointr_er•t, of itylanc.e ti,. Lord �s 3r earaer• of Health.. the Board of Health was taken up. Appointment confirmed by -' unarx ; r-.o11 callvote, ntment of j e St.Pierre Confirmation of the appointment of Amable :it. Fierre as a menrt ' f Public re. 1the Board of Public : elfare was taker. up.. Appointmcnt confirmiea bv � ( roll call vote of 10 Yeas 1 Nay. fitment of I { . J TUY'COtte+ •Confirmationof the appointment of i zaria' rco Assessors. � rF J. Tu_ �,> to as a me. ;the Board of Assessors was taken up. On the motion of Councillor G ( confirmation laid on the table. (16. ) 1 Passage€ I The matter of second passage of an Ordinance relative to Lon . 4 Lots 134- , .ghland Ave. was taken up. The Ordinance changing the- zoning , of Lots 1.34 to 143 .14 IHighland „venue from General Residence to Business was adopted by /a '. unanimous roll call vote._ a Passage1 The matter of second passage of an Ordinance-establishing an rar.ce jystem. iEncumbrance System in the City Auditor's Office , was. taken up. Ord i a ,'adopted for second and final passage by a unanimous roll call vote . 90. ngineer i Councillor Griffin .offered the following Order which was adopted':: e plans d Terrace. i Ordered : That the City Engineer draw proper plans and descript,, : Ifor the laying out and acceptance of the remaining portion of Orchard' : ITerrace and he submit them in time for action at the next regular ,meet February $ , 1951.9Ion id Ave. Councillor Burke offered the following Order which was adopted: Ordered: That the city Marshal be requested to have Highland hve between Gre'enway' Road. and Willson Road, patrolled for one hour periods leach morning, afternoon and evening. 92. ' ted -Rice Councillor Davies offered the following Order which was adopted : . - I ; Ordered: That parking be prohibited on the southwesterly side of ( Rice Street Andrew W. Robinson, Truster Plummer Farm School , for a term of -f' years expiring February 1 , 1954. Councillor Rafter moved suspension, the rules. No objection. AppointmentF confir.m,ed by a unani ..ous rot 1 ; vote. John C . Tihiting,. Trt:st::e, Piu;T:mex Farm School ,. for a tefml of S vkr , years expiring February 1, 1954. Councillor Foitras moved suspe`nSa_ DTT the rules ,no objection. Appointment confirmed by a unanimous roll ca : .vote. � . 25. .. 9s Compen- A communication was received from the Elayor submitting the> re a� of the special committee appointers: to investigate the adorkm—t s- uo +<•e,n sation Insurance Coverage problem. On the motion of Councillor R ft X,. it was voted that the clerk net he requested to reed the report and 1C, be referred to the Committee on Finance,. .' 0. amendment . A communication was received from the 11'ayor recommending te aeon' ion of an Ordinance amendin the Zoning Ordinance .by changing Lor .r i ;. Avenue from a General Resident Zone to an Apartment House Zone.. Ln t, motion of Councillor Rafter .it was voted thatthe matter be referred the Planning Board, and that they be requested to mile a report. wit'1t .Council before February 24, 1949 at which time a .public hearing wilf4* held. '4 27 ,unch Fund i The following Order recommended by the Mayor was adopted: Ordered : That the sum of Five Thousand Six Hundred Eighty-seven Dollars and Sixty-nine Cents ($5 ,6$7.69) be and hereby is appropri to:d . from the "School Milk and Lunch Fund" to the"School Milk and Lunch Operating Account" , this sum to be added to sums heretofore appropriate for this purpose. Approved by the Mayor, January 17, 1949. 28 �- i Avenue. A communication was received from the Planning Board recommending that the proposed amendment to the Zoning Ordinance , to change a Gener I Residence Zone , 200 fe4 tt w=de on the northwesterly side of Highland i Avenue from Verona Street to Thomas Circle, to a Business Zone, be approved. On the motion of Councillor Durkin the matter was 'referred] 1 the Committee on Ordinances. , y • f , i r r a.. i .. Approved by;; the Mayor, January 4, 1 49. i ' 6 Councillor Burke offered the following Order which was adopted: Ordered : That the regular meeting of the City Council be held on I the second and fourth. Thursday of each month at eight o' clock P.Iv% , and, that no- meeting of the City Council.,: special or, regular, except for the F}a drawing of jurors , be called upon a shorter notice than twenty-four hours- Approved ourApproved by the Mayor,. January-" 4., 1949. ! 7 � Councillor Durkin offered the following Order which was adopted: . Ordered: . That. the comperisation of the members of the City Council be and hereby is established as five hundred dollars per year , payable in equal monthly installments. '" Approved by the. Mayor",. January 4, 1949• Jv Councillor Stromberg offered the following Order which was adopted U, Dui. z'^ Ordered: That all matters referred to the City . Council by the City Council of 194$ and all matters not finally disposed of or in the hands of committees be referred to the City Council of 1949 and to the several committees usually considered the same. Approved—b—y—t lie Mayor=Januar--y-4=,=1.949-•_ 9 Councillor Rafter offered the following Order which was adopted: ,,lg. Ordered: That a public hearing be held on the proposed change of zoning from general residence to business at Highland Avenue from Verona Street to Thomas Circlet200 feet-in-depth, on January 2'7 , 1949 at $ :00` e I Approved by the i+iayor, January 4, 1949. ..The following Order recommended by the Mayor was adopted: '. Ser. Ordered: That the sum of Two Hundred Twelve Dollars ( 212.60) be i and hereby is transferred from the Reserve Account to the Veterans' Services item ."Expenses" this sum to be added to sums heretofore appro- priated for this purpose. Approved by the D4ayor, effective December 31 , 1948. { e �n Y T Y S � t � ` a Large Stationary Sign at 82 hashingVn Street. William V'iiiette appear #` ed in favor. Councillors April, Crosby , and Poitras were recorded in `favor. There was no opposition. Herrin.- closed. On the motion of 1Councillor Poitras pewit granted. I ,.H A hearing was he.ld' on the application of the Empire C.lothing� Co. Ito erect a Large Stati.anary Sign at; 133A Essex 'Street. Councillor Hyland was recorded in favor. There was no opposition. Hearing closed. On the motion. of Councillor Hyland permit granted. pxH A: hearing was held on the. application of tiie Hawthorne Tanners Inc j' jto store 4000 gallons of Wobol Class B Inflamables at 40 Beaver Street. A, communication from the Salem Oil & Grease Co. stating that they have no objection to the proposed storage was received and placed on file 41 Eli Zareas appeared in favor. Councillors Poitras and Durkin were (recorded in favor. There was no opposition. On the motion of Cour,cill r Durkin permit granted. \� A hearing was held on the application of John J. Lynch for a . perri� x: to move a building from 74 Leavitt Street to 50 Dearborn Street. John J. Lynch appeared in favor. Councillor Crosby was recorded in favor. r � There was no opposition. Hearing closed. On the motiom of Councillor Crosby permit granted. 3'^ rz , A hearing was held on the proposed change in the Zoning from General Residence to Business 2� 00-feet?in-dept on Highland Avenue, from Verona Street to Thomas Circle. Attorney James Kinsella arpeared for the petitioner George A. Pernokas. i�,r.&�9rs. Cook, . Frank Cook; and ipSr. �k i Meniate's appeared in favor. Councillors Poitras , Stromberg, and Sze tela were recorded in favor. There was .no opposition. Hearing closed. ter -• Councillor Rafter submitted ordinance to amend Zoning Ordinance at High- land Avenue 200 feet between Verona Street and Thomas Circle. ff In the year one thousand nine hundred and forty-nine. ' An ;Ordinance to amend the Zoning Ordinance. 1: Be it ordained by the- City Council of the City of Salem, as follows:'! SECTION 1. The Zoning Ordinance and iiap is hereby amended by i. t, changing the general residence district , two hundred feet in width, on I( the northwesterly side of Highland Avenue between Verona Street and i Thomas Circle to a business _di.strict C � al z • • _ • • • • • • •• • i b +Y '.l Y�� y�•y� {lY R 4 �� I.z '/IJ'L ,Pri!*_§ yv ^#II�SY�?1/ �xit �} '� 4,1 F Wl `k° d d e � "E"" v.�Y�'� w va3��'P..H � n r. �t�FJ• a- 4 '� -- Myt ,"p'w s 9' ,3'"�'h Js �'33 '� i. Fdh'?; r,.;�, M1` xp$vNs#, V,,rd' dve rte. ti'. ¢ "YI` ri*LX'r�h � ^�"�x Y � # x »�,.5� atr� R o s.}�t u,33�� "' x'✓S �i n 4 p .7 4� � ,,.�, t o- 44.e s4'4.r+t 't.a ,.y°' ^t`,s 5x ..fid rN Y' y � �� r�'""�s a$�A'hs�x�J e�jcl "s i y w 19 one iiicie nunared and fifty-one. _ Ave. ' An Ordinance to amend an ordinance relating to Zoning. : Be it ordained by the City Councilof the City of Salem, as follows . r-SECTi0NM. That the Zoning map may be changed so that the area .of land on the northerly side of Highland Avenue commencing at a point on the ! northerly street line of said Highland Avenue , said point being, approxy�. . 'mately 4400 ft. westerly from Proctor Street and running westerly a distance of 249-04 ft. . on the said• northerly street line of Highland Avenue to Glenn Avenue , thence turning and running northeaster) b ' iY y the ` easterly street line of Glenn Avenue 321.49 ft. to lot 144 on a plan I ; ; hereinafter referred to; thence turning and running easterly by said ! lot 144 192.61 ft. to lot $6 on said plan hereinafter referred to; IthenIce turning and running southwesterly by lots 85, to 80 inclusive jas shown on said plan 320 ft. to Highland Ave. and the point begun at . P Being lots 134 to 143 inclusive on plan entitled "Home Sites , Salem, ; Nass. , owned by F. H. Griswold, scale 1 = 100 feet. Oct . 1925 , Thomas f A. Appleton, C. E. ; recorded in Essex South ,District Registry of Deeds . . � ;' Plan book 55, Plan 17, now zoned as a General- Residence District , be i ! mapped and zoned as a business zone district , and be placed in class 6; !with the exception that the said re-zoning shall commence on the norther ; ly street line as established by the Department of Public Works Cb , wealth- of Massachusetts, Dated 1946, as shown on plan recorded in the ' office of the City Clerk; L-SECTION -Th s-�rordinan�'s all takeeffect as ovrded=by=the City ! Charter. 17. � 1 ; - Of I The Mayor or A s a Y ppointment of Constables for 1951 was received and placed on file: William J. Ci-orman 117 Lafayette Street J. William Sheehan 2 Bay View Avenue George Leclerc 39 Lafayette Place 1$.I s The Mayor's appointment of the following City Officers was received:' rs . Appointment of Harold M. Perkins as City Auditor for a term of 1 year beginning February 1, 1951. Councillor Szetela moved suspension of the rules. There was no objection. Appointment confirmed by a unani ( mous roll call vote. Appointment of C. Leo Clapper as City Collector for a term of one ) year beginning February 1, 1951. Councillor Griffin moved suspension of the rules. There was no objection. A r J Appointment confirmed by a � unanimous roll call vote. The appointment of Joseph S. McCarthy as City Electrician, for a term of 1 year beginning February 1, 1951 Councillor DeCoff moved ! LAW OFFICES DECOULOS & SPITZER 248 ANDOVER STREET AT WILLOWDALE LANE 5 1 PEABODY, MASSACHUSETTS 01960 }U1V (617)5324020 REr,cIYED NICHOLAS J. DECOULOS KARL G. SPITZER JAMES N. DELOULOS November 21 , 19§ITY OF ROY F. GELINEAU,Jai. ' James B. Hacker Douglas Hopper 7 Ugo Road 51 Dearborn Street Salem, MA 01970 Salem, MA 01970 Scott Charnas Richard A. Bencal 16 Loring Avenue 19 Goodale Street Salem, MA 01970 Salem, MA 01970 Edward Luzinski Arthur LaBrecque 25 Hardy Street 11 Hazel Street Salem, MA 01970 Salem, MA 01970 Joseph Piemonte Tri-City Sales , Inc. 22 Crowdis Street 272 Highland Avenue Salem, MA 01970 Salem, MA 01970 VRichard T . McIntosh Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 Gentlemen: In accordance with the General Laws of Massachusetts, you are hereby notified that on behalf of George Zambouras and Linda Zambouras, I have this day filed a Complaint in the Essex County Superior Court appealing the denial of the petition of George Zambouras and Linda Zambouras requesting the enforcement of the Zoning Ordinance as it relates to the use of the Tri-City Sales, Inc . premises. A further description of the allegations is contained in the copy of the complaint herewith enclosed. Very truly yours , / DEnCO�U�LOS & SPI ER i Nichola J . Decoulos NJD: aw Enc . CERTIFIED MAIL RETURN RECEIPT REQUESTED z �1 (Zity of "Stt1em, 41155ar4ugrft ' Poura of cpperrl 683 NOV -2 P3 :04 { DECISION ON THE PETITION OF DAVID COHEN, TRI-CIQ'Jt& -` i'- FOR A VARIANCE AND/OR SPECIAL PERMIT FOR 272 HIGHL,,ND AVENUE' f i A hearing on this petition was held on October 19, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Piemonte and Associate Member Bencal. Notices of the hearing were sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance and/or a Special Permit to allow parking in this B-2/R-1 zone. The Board concludes that, in order to secure the requested parking, petitioner needs a Variance and not a Special Permit. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally - affecting other lands, buildings, and structures in the same district; - b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; and c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing plans of the property, makes the following findings of fact: 1 . Petitioner runs a retail business on the premises which depends on customers who travel to the premises by automobile; 2. Petitioner's business is not located in a shopping center, nor in an area with a great amount of convenient on-street parking; 3. Without sufficient parking at petitioner's premises, petitioner will lose a substantial number of customers; 4. Much of the lot is uneven wetlands; 5. Because of this topography and nature of the lot, the only reasonable on-premises area to designate as additional parking is the area petitioner requests to so designate in his petition; 6: • Grnnting this petition would tend to reduce parking by petitioneir!s rcustoiaers on Marlborough Road near Highland Avenue, and thureduce tsraffic congestion at this site; r. A_ �M DECISION ON PETITION OF DAVID COHEN FOR A VARIANCE FOR 272 HIGHLAND AVE. page two 7. In terms of topography and business conditions referred to above, such conditions do not generally affect other lands, buildings or structures in the same district nor in the same general area; 8. Adding the proposed parking area to the premises would not have a substantial negative impact on the neighborhood; 9• Highland Avenue in the vicinity of petitioner's premises is basically a commercial, high-traffic area. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist in terms of topography, wetlands, and business conditions, all as referred to above, which affect this lot but which do not generally affect the district or districts involved; 2. Literal enforcement of the Zonin; Ordinance would work a substantial financial hardship upon petitioner; c: 3. The Variance requested can be granted without substantial .aetriment: to the public good, and without substantially derogating from'.the intent of the district or districts nor from the purpose of the Zoning. Ordinance. Therefore, the Board of Appeal voted unanimously to grant petitioner the requested Variance to allow parking as shown on a plan submitted to the Board, provided that: 1 . A solid wall or compact evergreen screening, five feet higt),' be erected: along all property lines abutting residential uses; and ' 2. Said parking area, if illuminated, shall have lights used for illumination v ' so arranged as to reflect light away from adjoining premises and away from the street. r� LL I cn I T Scott E. Charnas, Acting Secretary '"t SHALL BE ;'ADE PCPSUANT TO SECT!DN 17 OF THE Vl..SS, A::O M4'L BE F;,^u 'y S !..' P �,.5 :T,H)! 20 DAPS AFTER THE DATE OF F!LIii9 . ._ 1❑ THE OFFICE OF THE CITY CLERK. LAWS, CHAPTER.304, SECTION 11, THE VARIAtICE 0.4 Sp;. ;L P^ ` -'E'N. SHALL t1DT TAai EFFECT UNTIL A COPY OF THE DECISICII, RAMP, lll:i 'y` CI T CL ERA T!A.' DD DAYS H"•SE ELAPSED AND NO APPEAL HAS g;,, IIf Ef All PPE4L H.3 &EEH FILE. THAT IT MAS 3EE9 CIS:::ISSED CP :.COR ESSEX D"E"S-Ry OF VfECS AND INDEXED UNUF.R THE fitd.IE 1_ CF ''c'-hC I RECORDFD AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE CF ifP- L. JOSEPHI ;R, FUSCO _ /' Gt"� BOARD OF APPEAL A TR OPY ATTESTEST ' A COPY OF THIS DECISION HAS BEEN FILED kITH THE PLANNIN;, BOARD AND THE CITY CLERK BF113_z 'iN 1f1"T LAK' OFFICES 1l LE)^E^^COULOS & SPITZER An 1 ��02 1y 10-E! STREET Al K'1 LO V:DALE LANE PVP JEASODv, MASSACHUSETTS 01960 Nic voLAS J. DE�CV;CS RECEIVED 1617. 532-1020 ) KARL G. SPi-=ER CITY OF SALEM,MASS: �3 AUG 29 Pit s` JAMES N. DEEOJLOS August 12 , 19°; CITY C En`' `: _ =iCE Z)AJ_E' City Clerk City of Salem One Salem Green Salem, MA 01970 APPiAL BY PLRSONS AGGRI VLD BY THLIR INABILITY TO OBTAIN LNFORCiSMLNT ACTION An appeal is hereby made , as required by Sections 8 and 15 of Chapter 40A of the General Laws of Massachusetts , by George J. Zambouras and Linda Zambouras to the Board of Appeals because they are aggrieved by the failure of the Building Inspector, Richard T. McIntosh, to enforce the Zoning Ordinance, of the City of Salem. In accordance with the General Laws of Massachusetts , Chapter 40A, Section 7 , the Building Inspector was requested to enforce the Zoning Ordinance as stated in a letter dated July 19 , 1983 (Lxhibit A) . In response to that letter, the Building Inspector mailed a letter to the alleged violator of the Zoning Ordinance dated August 8, 1983 (LxhLbit B) . The ground upon which this appeal is made is that , although the Building Inspector concedes there is a violation of the Zoning Ordinance in his letter (Lxhibit B) , the Building Inspector fails to seek enforcement of the Zoning Ordinance and , instead , advises the alleged violator to seek a variance to vary the Zoning Ordinance . It is respectfully requested that the Board of Appeals over-rule the Building Inspector's failure to act , as allowed by said Section 15 of said Chapter 40A. Very truly yours, George Zambouras and Linda Zambouras By their attorneys, NICHOLAS J. DLCOULOS NJD: aw Cc : Board of Appeals `Building Inspector Mr. David Cohen rl July 19, 1983 Mr. Richard T. McIntosh Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 Dear Sir: Please be advised that this office represents George Zambouras and Linda Zambouras, who, as you well know, are the owners of property immediately adjacent to Tri-City Sales , on Marlborough Road. Reference is made to the violation of the Zoning Ordinance as alleged in my letter of December 13, 1982, and , in addition thereto, I wish" to call to your attention that the retail business which is being operated on the northwesterly side of the -property -and commonly known as the Dunham Footwear Outlet Store is being operated under an illegally issued building permit. The building in which that store is located was erected as a result of a variance granted to the owners of the land for -warehouse space. The variance u:s dated December 3 , 1968 and was filed with the City Clerk on October 4 , 1968, and recorded at the Essex South Distrf.ct Registry of Deeds , Book 5580, Page 459, 'a copy of which document is enclosed herewith. The representation made,.to .the Board_ of Appeals at that time was to .enlarge the building to provide warehouse facilities. Of course, I will be only too happy to be enlightened by your office as to whether or not any. subsequent variance . , ..:was granted and trust that I will hear from you forthwith. .Very truly yours, DECOULOS b SPITZER Nicholas J. Decoulos NJD:aw File 3453 r . .a� af Ilublir PropertU Pey=1ment Puitbiq Pryartrwit Richard T. McIntosh i L One Salem Green 745-0213 i c o (0 S August 8, 1983 David Cohen c/o Tri-City Sales 272-274 Highland Avenue Salem, Massachusetts 01970 RE:' Zoning Use and Occupancy Dear Mr. Cohen: Please be aware of the fact that you may be in violation of the City of Salem Zoning Ordinance as regards the occupancy. of Dunham Foot- wear. You obtained a Variance from the Zoning Board of Appeals in 1968 .- which allows for warehouse use. Dunham Footwear is more properly class" ified as mercantile use, which creates the violation. You may make application for Board of Appeal decision relating to ,;, this matter �y .proper forms accompanied by appropriate fees.l.,- You may obta n, applSta-ti�pns at this office located on the second floor of One Salem�Green. F:� T "h' to pursue the Board of Appeal, you are, then required L0 If you no' to cease and desist from all of the mercantile use as it relates to this situation. Very truly yours, 0"4tX/ ,ra1 �6( � Richard T. McIntosh Zoning Enforcement Officer RTM:bms cc: Mary Harrington, Asslt City Solicitor Nicholas Decoulas, Esq. 248 Andover St. , Peabody Cert. # P474 720 642 1 1 i 1 DATE OF PERMIT PERMIT No. OWNER LOCATION June 19 ,l96'9I #189 I Samuel Rome 272-274 Highland Ave. STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No.OFFAMILIES WARD COST 1 I 14 I 579240 Retail Sales Masonry 133184'93 '19 ' BUILDER Delta Corp. Erect masonry addition for retail sales 11.21 #379 (Owner-Lonberg,lnc.LEA (Tri-City Showroom) Hepair and refurbiah Bign(illuminated,y.Y.) (Alco sign,lnc.) 4500. 51/20 #2176 Convert warehouse area within present building to Sales Area. 11/6/80 4440 Reroof. (Owner-David Cohen) BOARD OF APPEAL: 4/20/83 - UNANIMOUSLY VOTED TO TAKE NO ACTION ON PETITION LAW OFFICES DECOULOS & SPITZER 248 ANDOVER STREET AT WILLOWDAL,App N �1 '• `,� PEABODY. MASSACHUSETTS 019. il�� (J `}'8 AM J'83 (617) S32-1020 p (� NICHOLAS J. DECOULOS yy 'I1:EI :{EIVED(�y�(�(� KARL G. SPITZER t Irl{I _D.F s4LEf'1',MASS. JAMES N. DECOULOS April 12 , 1983 James B. Hacker Arthur LaBreque 7 Ugo Road 11 Hazel Street Salem, MA 01970 Salem, MA 01970 Edward Luzinski Douglas Hopper 25 Hardy Street 51 Dearborn -Street Salem, MA 01970 Salem, MA 01970 Anthony Feeherry Joseph Piemonte 18 Linden Avenue 22 Crowdis Street Salem, MA 01970 Salem, MA 01970 Jean-Claude Martineau ARichard T. McIntosh 32 Salem Street One Salem Green Salem, MA 01970 Salem, MA 01970 Gentlemen : In accordance with the General Laws of Massachusetts , you are hereby notified that on behalf of George Zambouras and Linda Zambouras , I have filed a Complaint this day in the Essex County Superior Court alleging your failure to enforce the Zoning Ordinance of the City of Salem. A further description of the allegations is contained in the copy of the Complaint herewith enclosed. Very truly yours , DECOULOS & SPITZE Nicholas Decoulos NJD: aw File 3453 Enc. �. . f3Ullr63ttJ(s' tlr6'+( y COMMONWEALTH OF MASSACHUTSTAH '83 ESSEX , SS. "CFIVE7 SUPERIOR COURT CITY OF Sqta, Vis. GEORGE ZAMBOURAS AND LINDA ZAMBOURAS, Plaintiffs V. COMPLAINT JAMES B. HACKER , ARTHUR LABREQUE , EDWARD LUZINSKI , ANTHONY FEEHERRY, DOUGLAS HOPPER , JOSEPH PIEMONTE , AND JEAN-CLAUDE MARTINEAU AS THEY ARE THE MEMBERS OF THE BOARD OF APPEALS OF THE CITY OF SALEM AND RICHARD T. MCINTOSH AS HE IS THE ZONING ENFORCEMENT OFFICER OF THE CITY OF SALEM, Defendants 1 . The plaintiffs are residents of Salem, ' Esse�x Comity, Massachusetts , and reside at 18 Marlborough Road . 2. The following named defendants are the duly appointed members of the Board of Appeals of the City of Salem: James B. Hacker, 7 Ugo Road , Salem, MA Arthur LaBreque , 11 Hazel Street , Salem, MA' = Edward Luzinski , 25 Hardy Street , Salem, MA Douglas Hopper , 51 Dearborn Street , Salem, MA Anthony Feeherry, 18 Linden Avenue , Salem, MA Joseph Piemonte , 22 Crowdis Street , Salem, MA Jean-Claude Martineau, 32 Salem Street , Salem, MA 3 • The defendant , Richard T. McIntosh , is the duly appointed Zoning Enforcement Officer of the City of Salem, at One Salem Green, Salem, Essex County, Massachusetts'. 4 . On December 13 , 1982 , a letter (Ex. A) was mailed to the defendant , McIntosh, informing him of a violation by Tri City Sales , Inc . , as it relates to land being' .used by: Tri City Sales , Inc . , which land is located on Marlborough Road , in .Salem, said land being used for business purposes but located in a residential zone . 5 . On December 15 , 1982 , the defendant , McIntosh, informed Tri City Sales , Inc . that there was a violation and that it should cease and desist from all illegal uses of its property. 6 . A copy of said letter dated December 15 , 1982, was not mailed to the plaintiffs until February 25 , 1983 (Ex. B) . 7 . On March 2, 1983 , an appeal (Ex. C) was made by the plaintiffs to the Board of Appeals informing them of the fact that the plaintiffs were aggrieved by the reason of their inability to obtain enforcement action by the defendant , McIntosh. 8 . On March 23 , 1983 , the Board of Appeals acting through its Chairman replied that the Zoning Enforcement Officer did properly perform his duties (Ex. D) . The reply was not filed with the City Clerk 's Office . 9 . Said alleged decision (Ex. D) of the Board of Appeals exceeds the authority of the Board of Appeals . 10 . Said alleged decision (Ex. D) is contrary to the Zoning Ordinance of the City of Salem. 11 . The defendant , McIntosh , in failing to enforce the Zoning. Ordinance of the City of Salem is in violation of Chapter 40A of the General Laws of Massachusetts. 12. The plaintiffs being residents of the City of Salem and abutting the locus on which the violation is taking place are aggrieved by the decision of the defendants , Board of Appeals and McIntosh. 13• The defendants , Board of Appeals and McIntosh, acted with gross negligence , in bad faith or with malice in failing to enforce the Zoning Ordinance of the City of Salem. WHEREFORE , THE PLAINTIFFS DEMAND: 1 . That the Court conduct a hearing, determine the facts and upon the facts as so determined , annul the action taken by the Board of Appeals by making a specific finding that the defendant ; McIntosh, is not enforcing the Zoning Ordinance of the City of Salem. 2. That the defendant , McIntosh , be ordered to enforce the Zoning Ordinance by filing the necessary complaints against the owner of the property on which the violation is taking place . -2- 3 • That the Court order that the plaintiffs are entitled to their costs and reasonable attorney 's fees. 4 . And for such further finding as justice and equity may require. Nicholas J. Decoulos DECOULOS & SPITZER Attorney for Plaintiff(s) 248 Andover Street Peabody , MA 01960 Tel . 532-1020 Dated : April 11 , 1983 -3- December 13, 1982 Building Inspector City of Salem 1 Salem Green Salem, MA 01970 Dear Sir : Please be advised that this office represents George Zambouras and Linda Zambouras , who are the owners of the `4-' land and building located and known as lot no. 92, Marlbourough Road, Salem, Mass . , and immediately abuts property owned by Samuel Rome or Tri-City Sales , Inc . or both of them. On their behalf, I am calling your attention to the fact that the land adjacent to my clients ' land is located in Res. A B-2 district and. according to my clients, does not ' have the benefit of a variance nor is it a non-conforming use. Accordingly and on their behalf, I am requesting that ' you enforce the Zoning Ordinance of the City of Salem and the violation of the Ordinance. This request for cessation is being made to you in accordance with Ch. 40A of the General Laws of Massachusetts . Very truly your , DECOULOS $ SPITZER i ti Nicholas J. Decoulos I NJD:mct cc: Geo rge Zambouras 1 � cc: Linda Zambouras 1 3 \ r i \ i F e _ _ w k Vf �abt�" �1111a1Y[$ �p3Jtirf�tp2lf . - Richard'T.. McIntosh of One 'Salem .Green 745-11213 ` - R E'FjA1'E D FE«"?,5 December 15, 1982 Demos- \pitzer David Cohen Tri City Sales 272-274 Highland Ave. Salem, Massachusetts' 01970 RE: Zoning Violation Dear Mr. Cohen: - Please be aware of the fact that Lot #99 City -of Salem Assessors Map #8 located at the rear of your building is in an R-1 Zoned District. You are not allowed to use this lot for parking or ,for any storage of trucks under the City Zoning Ordinance. You must therefore Cease and Desist from all illegal uses,,of this property immediately. You may make application with this Department -for, Board.g" Appeals Decision regarding th use of Lot #99. Failure to comply with any of the above will result in this matter being pursued through the Courts for whatever action they may determine. Very truly yours, i Richard T. McIntosh Zoning Enforcement Officer RTM:bms March 2, 1983 Board of Appeals City Of Salem One Salem Green Salem, MA 01970 APPEAL BY PERSONS AGGRIEVED BY REASON OF THEIR INABILITY TO OBTAIN ENFORCEMENT ACTION An appeal is hereby made by George J. Zambouras and Linda Zambouras to your Board because they are aggrieved by the failure of the Building Inspector, Richard T. McIntosh, to enforce the Zoning Ordinance of the City of Salem. Copies of letters dated December 13 , 1922, Exhibit A, and December 15, 1982, Exhibit B, are attached hereto, expressly made a part hereof and incorporated herein by reference. The Building Inspector ' s response was not received by the parties requesting enforcement until February 25, 1983. The violation of the Zoning Ordinance described in Exhibits A and B is being made by Tri-City Sales , Inc. , 272- 274 Highland Avenue, Salem, the owner of property immediately abutting property owned by the aggrieved parties. The Building Inspector in his letter of December 15, 1982, identified the area as Lot 99 , City of Salem Assessor's Map o. A further description is Lots 89 and 90 as shown on a plan numbered 11 ,8020 drawn by Thomas A. Appleton, Civil Engineer, dated May 5, 1926, and filed with the Land Registration Office with Certificate of Title No. 71 #9. Tri-City Sales, Inc. acquired that real estate by deed of Blue Star Diner, Inc. dated March 7, 1980 , and recorded with Essex South District Registry of Deeds , Book 6683, Page 775 and referred to in said deed as Document No. 173790 and being parcels 1 and 2 described in said deed. It is respectfully requested that a hearing be scheduled by your Board in order that the parties involved may be heard as to why there is a failure on the part of the Building Inspector to enforce the Zoning Ordinance of the City of Salem. For the purpose of gulding you in conducting this hearing, I refer you to Chapter 40A, Sections 7 and 8 and the case of Carl A. Neuhaus et al . v. Building Intpector of Marlborough, et al . , 1981 Mass. App. Ct. Adv. Sh. , 7 1 . George J. Zambouras and Linda Zambouras By Their Attorney : NICHOLAS J. DECOULOS Hereunto Duly Authorized Duplicate original : City Clerk, City of Salem CERTIFIED MAIL RETURN RECEIPT REQUESTED cc : John R. Seraflni , Esq. Mr. George J. Zambouras J. 0V Ctv of 4� Pjaarb of �ppzal _7 March 23, 1983 Nicholas F. DeCoulas 248 Andrew Street Peabody, Massachusetts 01960 RE: Enforcement of Zoning Ordinance Tri City Sales, Highland Ave. , Salem' Dear Mr. DeCoulas: Receipt of your letter dated March 2, 1982 is acknowledged. After carefully reviewing the facts concerning Tri City Sales on Highland Ave. , Salem, the Board of Appeal finds that the Zoning Officer is properly per- forming his duties. An application to the Board of Appeal has been made by Tri City Sales for a Variance to allow the lot in question to be used for parking. Said hearing will be held in April, the exact date has not as yet been set. VeFy truly yours, I am eB. Hacker airman, Board of Appeal JBH:bms cc: Tri City Sales John R. Serafini, Esq. I RE , - II cT�rltt, s��T 2iL' LT�4P'�'5 y OCT 46 APS 190 r orstr� of ZApycal CITY CLt; : >> UFFICE October 3, 1968 w,LL,AM .. AOVO T SALEM, MASS. ITMCG M. OOVLO ER ' 101RPM P. OOVLG DECISION ON PETITION OF SAMEUL ROME TO ERECT AN ADDITION 10.r M. GRAY. GR. TO AN EXISTING BUILDING AT 272-274 HIGHLAND AVENUE AATMUR LA OIiCCOVE The Inspector of Buildings refused to issue a permit to allow the construct-, ion of an addition to a building at this location because of mnconformity' with regard to density regulations of the City Zoning Ordinance. Petitioner appealed to the Board of Appeal for a variance from the applica- tion of the Zoning Ordinance , and a. hearing was held on this petition on September 23, 1968 , pursuant to notices mailed postpaid- to the petitioner, j abutters , Board Members , and others , and advertisements published in The Evening News. i In addition to Chairman Gray, Members Boulger, Labrecque , Abbott and Tanch were in attendance at this hearing, members. Doyle and Welch being unable to le present . J Counselor John R. Serafini appeared for the petitioner and stated the case the same as in the original petition. He further stated that petitioner operates an existing business at this location, known as TriCity Sales, and it is necessary to this business to enlarge the building to provide. store- house facilities . j No one appeared in opposition a.t this hearing. Leonard Cawley, ex-Councillori for this Ward, a.ppeared ,at about 8: 00 P.M. to oppose granting this petition, but this appeal had been heard at 7: 00 P.M. ,After due considera.tion the Board voted unanimously to grant this appeal to relieve hardship to the petitioner, having in mind that this district is zoned for Highway Business and there are numerous business establishments operating in the immediate vicinity; the Board Members felt that to grant this appeal would cause no detriment to the public good, and would not derogate from the intent and purpose of the Ordinance . I i APPEAL GRANTED BOARD OF APPEAL BY Acting Secretary i i 3 Tito of #Ulem, Masaar4usetts Public Praperttl Department loo Nuilbing Department To: City ofSalem / Collector's Office From:r lic roperty Department Date:—///ad /95 �! 0000000000000000000000000000000000000000000000000000000000000 00 00 000000000000000000000 PLEASE ADVISE IF/TAXES ARE Subject: 00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 RESPONSE:--. 7zk' ,• yplelu 12gAL„Tg/ �/7� SOO {u A ,., /9Q� % Signature: Date: /! /P L,,19 5� f AMERICAN CLAIMS SERVICE MULTI-LINE ADJUSTERS S BUILDING COMMISSIONER OR BOARD OF HEALTH OR INSPECTOR OF BUILDINGS BOARD OF SELECTMAN One Salem Green Salem, MA 01970 RE: - INSURED: Gregory Donuts, dba Dunkin Donuts PROPERTY ADDRESS: 272 Highland Ave, Salem POLICY NUMBER: NMFA80295 LOSS OF: 11/14/95, Sewer backup FILE/CLAIM NUMBER: 9327 Claim has been made involving loss, damage or destruction of the above captioned property which may either exceed $1, 000. 00 or cause Massachusetts General Laws, Chapter 143 , Section 6, to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim file number. Gail Patania Claims Representative On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. November 20, 1995 Date •r 50 SALEM STREET, BUILDING A, LYNNFIELD, MASSACHUSETTS 01940 TELEPHONE: (617) 245-9516 • FAX: (617) 245-1077 r..NVM.'q(...--�7ty n...Aw r.+.wf'�Y�J•Y`-'Y..-!'Y�W -'TY..Y^�.. s1"'wf`7rMr�+lr 'rY�"T`I�',K� �yf�.r?ws.('•�r"T^'v.,4�ywil�r,,, bl, FIELD COPY CITY OF SALEM BUILDING ?° SALEM, MASSACHUSETTS 01970 PERMIT VALIDATION i. DATE MnY ],5F 19 97 PERMIT NO. 581-92 APPLICANT John Cappucio .ADDRESS Salem.MA _ 1.0.) (STREET) ICO.IWS Ylf(M511 - PERMIT TO SIGN (_) ;TORY RF'TATL DWELL LROF ING UNITS (1111 0f IMAAOYEMEMTI M0. 11A0FOSED USE i ' AT ILec<Tlonl 274-276 HIGHLAM AVENUE. WART) 4 ZONI4 cT A-2 (MO.I ISIA((11 \ BETWEEN AND ICAOS. &'.[[T) (CROSS STNE[il LOT SUBDIVISION LOT BLOCK .SIZE " f BUILDING IS.TO BE FT. WIDE BV FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION F,y�l� ��TTTV {} p��Ip��y� INC.) ITTPE REMARKS: erect a 41X1 E FOR !•ILLHILT. �, INC ARAi OLUME ESTIMATED COST $ 750.00 FEEMIT S 20.00 C:AIC SOW.R( F[ .'ZWNER Mill Ri]1 Twaerac Irar �e_�76Higil-lapA Eve-, ti;[.(t% Leo E. Tremblay INSPECTOR OF BUILDINGS I ...i±'• +k ^'.,t .r w t ,T.*• T ..' .' :'A :8+'-..4 r"yi ,�,..r: in. :,t.. .-�.. j.' r INSPECTION RECORD DATE NOTE ►EOGRESS - CRITICISMS AND REMARKS INE►ECTON LAW OFFICES DECOULOS & SPITZER Dee,,, 246 ANDOVER STREET AT WILLOWDALE LANE PEASODY, MAS CHUSETTS 01960 4^17), NICHOLAS J. DECOuwSs // ASS LL�� .T 20 KARL G. SPITZER !`s4lslp- I JAMES N. DECOUL09 ��• ass December 13 , 1982 / zCrW(1% f s R 1 Building Inspector City of Salem to f` Q 1 Salem Green Salem, MA 01970 ?'kms 18 - Dear Sir: G' Please be advised that this office represents George Zambouras and Linda Zambouras , who are the owners of the land and building located and known as lot no . 92 , Marlbourough. Road, Salem, Mass„ and j=ediately abuts property owned by Samuel 'Rome or Tri-City Sales, Inc , or both. of them. On their behalf, I am calling your attention to the fact that .the land adjacent to mr claents '! land is located in Res, A B,2 district and according to my clients, does not have the benefit of a variance nor is it a non-conforming use, Accordingly and on their behalf, I am requesting that you enforce the Zoning Ordinance of the City of Salem and the violation of the Ordinance . This request for cessatmon is being made to you in accordance with Ch_, 40A of the General Laws of Massachusetts . Very truly yours , D OULOS S&r r F C. Nicholas Decoulos NJD:mc cc George Zambouras cc Linda Zamhouras i �i COMMONWEALTVI 6%)MASSACHUSETTS (ESSEX, ss. �� , �p SUPERIOR COURT �?5`�• D. 83-895 GEORGE ZAMBOURAS Aff"LI DA ) ZAMBOURAS, ) Plaintiffs ) MEMORANDUM IN OPPOSITION VS. ) TO ENTRY OF SUMMARY JUDGMENT FOR PLAINTIFF AND JAMES B. HACKER, ET AL. ) IN SUPPORT OF ENTRY OF SUMMARY JUDGMENT FOR !. Defendants. ) DEFENDANTS. ) The defendants respectfully request that this court dismiss the complaint because court fails to state a cause of actions for the following reasons : 1 . The Complaint is premature . First, Exhibit C of the Complaint, purporting to be a copy of an appeal pursuant to G . L . c . 40A , s . 7 and 8 has not been filed in accordance with G. L. c. 40A, s . 15 in that no notice of the appeal has ever been filed with the City Clerk ( see Affidavit of City of Salem City Clerk Josephine Fusco , attached hereto as Appendix A) . Second, the rules and regulations of the Salem Board of Appeals (see Appendix B .here) , require that all appeals be filed on forms provided by the Board of Appeals (par . 3 ) ; li 2. That no public hearing has ever been held by the Salem Board of Appeals , G. L. c . 40A , s . 11 and 15 ( see Affidavit of Clerk of Board of Appeals , Brenda Sumrall, Appendix C ) ; 3. That no appealable DECISION has ever been made and/or voted, and/or filed with the City Clerk of the City of Salem, G. L. c. 40A, s . 11 and 17 (see Affidavit of City Clerk, Appendix A ) ; .4 . That the plaintiff failed to file a proper and/or timely appeal from the action of the Zoning Enforcement Officer , G. L. c. 40A s . 7 and 8 (Complaint, Exhibits A and C ) ; � . That the Complaint fails to name a necessary party, the alleged violator of the Zoning Ordinance. 6. Additionally, the Zoning Enforcement Officer , Mr . i Richard McIntosh, has on several occasions visited the -1- to of the alleged violations since his notice to the owners dated December 15, 1983, and on no occasion has �# LSA �r� "observed a violation (see Affidavit, Exhibit D) . �7 . Finally, the Relief requested by the Plaintiffs deserves comment despite the fact that the Complaint must be dismissed due to its numerous procedural defects . The plaintiffs asks this court to order "the City of Salem to place a permanent, barrier on the property to deny access to any part, other than to be used for single residential purposes . The remedy to which a legitimate appellant is entitled in connection with the failure to enforce a municipal zoning ordinance is set forth in G. L. c. 7, and consists of an action in mandamus to compel the Building Inspector to enforce the zoning ordinance . Mor anelli v. BuildingInspector of Cantor 388 N.E. 2d 70 . WHEREFORE, the defendants respectfully request that . Summary Judgment enter dismissing the Complaint and that the defendants be awarded their costs, expenses , and reasonable attorney fees . Respectfully submitted, The Defendant , City of Salem, i� Board of Appeals and Zoning Enforcement Officer , by their attorney, % A ichard W. Starro , City Solicitor 93 Washington Street Salem, MA 01970 1115 : 29 ri i� �I i ;I I i t� J pOx 01 41, 0 r RICHARD W.STAFFORD p1 qq r nixi x 1 CITYOF'SALEM CITY SOLICITOR ,Cj. MASSACHUSETTS 93 WASHINGTON STR '� p E SALEM,MA 01970 �e pAA � �" 744-2172 o� ©F a"- 744-2948 June 15, 1983 Mr . James O 'Leary Clerk of the Court Superior Court 32 Federal Street Salem, Massachusetts 01970 Re : George Zambouras and Linda Zambouras VS . James B. Hacker, et al. Dear Mr. O 'Leary: Please find enclosed the Defendants Memorandum and supporting Affidavits regarding Plaintiff' s Motion for Summary Judgment scheduled to be heard June 20, 1983• Please accept the same for filing. Very truly yours , Richard W. Stafford RWS:lr Enclosure CERTIFICATE' OF SERVICE I, Richard W. Stafford, attorney for Defendants, do hereby certify that I caused a copy of the within Memorandum with supporting Affidavits to be mailed to Nicholas J. Decoulos, attorney for the plaintiffs, 248 Andover Street, Peabody, Massachusetts 01960, postage prepaid, this 15th day of June, 1983• - ////// (21ie�ll R chard W. Sta 0i 15 : 33 I I }1;Jil-GM Appendix D 6 52 Q�A'VJCOMMONWEALTH OF MASSACHUSETTS li EA 1EXS�IyGp pjpSS. SUPERIOR COURT li CItY OF SAS EM NO. 83-895 GEORGE ZAMBOURAS AND LINDA ) ZAMBOURAS, ) i Plaintiffs ) AFFIDAVIT OF VS. ) RICHARD T. MCINTOSH I i� JAMES B. HACKER, ET AL. ) i;' Defendants . ) ) I , Richard T. McIntosh, am the Zoning Enforcement Officer of the City of Salem, and as affiant state the following facts. In response to a complaint of a zoning violation which I received dated December 13 , 1982, I visited the premises located at 272 - 274 Highland Avenue owned by Tri City Sales. Following my site visit , on December 15, 1982, I notified, in : writing, the owner that a violation of the zoning ordinance ', relative to the use of a portion of the central lot was ! occurring and that the owner must cease and desist from such ,' illegal use. Thereafter , I have on several occasions driven by the isite and at no time have I observed a violation . In the !! recent past, the owner has placed barrells excluding parking % from the area which was the subject of the abutter ' s jcomplaint. I; I Signed under the pains and penalties of perjury this is I I ;; 15th day of June, 1983• Richard T. McIntosh ` 15 : 32 ' �r d -1- LAW OFFICES .JOflRHN R. SERAFINI DEC 23 9S LEM,MASSACHUSETTS 01970 JOHN R. SERAFINI RECEIVED 1� TELEPHONE JOHN R. SERAFINI1 JR. CITY OF SHLEH.HASS. 744-0212 JOHN F. SADOSNI AREA CODE 617 December 20, 1982 Mr. Richard T. McIntosh Zoning Enforcement Officer Building Inspector's Office One Salem Green Salem, Massachusetts 01970 Dear Mr. McIntosh: Your communication to Tri City Sales relative to Lot 99 has been referred to this office. I am in the process of obtaining an accurate definition of the area in question, and will be in touch with you just as soon as that has been completed. If necessary, we will make application to the Board of Appeal, and I wonder if you could advise me as to when the next meeting is, which would be available to us. Very truly.,.y urs, JOHN \ ERAFINI, Esquire JRS/cac � a P-117 ir-3v i qxl&P4, �. p� t n y��e. ' LAW OFFICES VTOILFINf;`5_FVT' DECOULOS & SPITZER 248 ANDOVER STREET AT WILLOWDAL1E LANE q ,I *^ PEABODY. MASSACHUSETTS 0196L 21 8 [L AM �„i 6171 532-1020 VVVVVV{{{{{{JJ7!!! V .7 V !1 ! U J NICHOLAS J. DECOULOS rF KARL G. SPITZER RECEIVED JAMES N. DECOULOS CITY OF SALEM,MASS, July 19 , 1983 Mr . Richard T. McIntosh Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 Dear Sir: Please be advised that this office represents George Zambouras and Linda Zambouras , who, as you well know, are the owners of property immediately adjacent to Tri-City Sales , on Marlborough Road. Reference is made to the violation of the Zoning Ordinance as alleged in my letter of December 13 , 1982, and , in addition thereto, I wish to call to your attention that the retail business which is being operated on the northwesterly side of the property and commonly known as the Dunham Footwear Outlet Store is being operated under an illegally issued building permit. The building in which that store is located was erected as a result of a variance granted to the owners of the land for warehouse space . The variance is dated December 3 , 1968 and was filed with the City Clerk on October 4 , 1968 , and recorded at the Essex South District Registry of Deeds , Book 5580 , Page 459 , a copy of which document is enclosed herewith. The representation made to the Board of Appeals at that time was to enlarge the building to provide warehouse facilities . Of course , I will be only too happy to be enlightened by your office as to whether or not any subsequent variance was granted and trust that I will hear from you forthwith. Very truly yours , OULOS & S ITZE Nicholas ' Decoulo NJD : aw .File 3453 BK5580 PG459 RECrk'T;.'i" 1lf �t(cttt, �T�:t�s�trllit,rtts •� OCT 4 8 46 Ali 198 Pourb of �ppr. CITY CL. uFFICE October 3, 1968 SALEM. MAS$. DECISION ON PETITION OF SAMFUL ROME TO ERECT AN ADDITION TO AN EXISTING .BUILDING AT 272-274 HIGHLAND AVENUE Tho Tnspectnr of Buildings refused to issue a hermit, to allow the constructs ion of on addition to a huildin, ,It this lnrntion because of mneonformity with regard to density regulations of the City 'Loning� Ordin:urce. Petitioner appealed to the Board of Appeal for a varinnre from the applica- tion of the Zoning 'Ortlinarcce, and a hearin;; was held on this petition on September 23, 1968, pursuant to notices mailed postpaid to the petitioner, abutters, Board Members, and others, and advertisements published in The Evening News. Tn addition to Chairman Gray, Members Ro+tlger, Lnbrecque , Ahhott and Tanch were in attendance at this hearing, members Doyle an(IlCh being unable to he present. ,i Counselor John R. Serafini appeared for the petitioner and stated the case the same as in the original petition. Ile further state,(] that petitioner operates an existing business at this locntion, known its TriCit.v Salcs, and Ai it is necessary to this husitleas to enlarge the hui]ding to provlde store- hmtse facilities. No one appeared in opposition at this hearing;, Leonard Cawle for this Ward o , y, ex-Councillor appeared at about R:00 I .M. to oppose grnntinr; this petition, but this appeal had teen heard at. 7:00 P.M. After due consideration the Doard voters unr,nimously to gr: n t this appeal to relieve hardship to . the petitioner, having in mind that this district is - zoned for Highway Business and there are numerous business establishments operating in the immediate vicinity, the Roard Members felt that to grant this appeal would cause no detriment to the public good, and would not derogate from the intent and purpose of the Ordinance. APPEAL GRANTED 110„ItD OF APPEAL fly Acting Secretory Cit; Clerk I 1 Essex ss. Recorded Dec . 16 , 1968. . 21 m . past 3 P. M . #170 .corny 'Jug laf ; , uhlit ru ez#g �epur#mPnt �uil3in� �e�ux - oJ Richard:T. McIntosh r r� One Salem .Green 7454213 RE FE? i � �- - I December 15,. 1982 GecoL,oS (x �;tZe( David Cohen Tri City Sales 272-274 Highland Ave. ` Salem, Massachusetts' 01970 RE: Zoning Violation Dear kir. Cohen: Please be aware of the fact that Lot #99 City of Salem Assessors r Map #8 located at the rear of your building is in an R-1 Zoned District. You are not allowed to use this lot for parking or for any storage of trucks under the City Zoning Ordinance. You must therefore Cease and Desist from all. illegal uses of this property immediately. You may make application with this Department for Board of Appeals Decision regarding th use of Lot #99. Failure to comply with any of the above will result in this matter being pursued through the Courts for whatever action they may determinE. Very truly yours, Richard T. McIntosh Zoning Enforeement.Officer RTM:bms —}�1 e��'� c c a q ` '� 4 { December 13, 1982 Building Inspector City of Salem 1 Salem Green Salem, MA 01970 . Dear Sir: Please be advised that .this office represents George Zambouras and Linda Zambouras , who are the owners of the land and building located and known. as lot no. 92, Marlbourough Road, Salem, Mass. , and immediately abuts property owned by Samuel Rome or Tri-City Sales , Inc. or both of them. On their behalf, I am calling your attention to the fact that the land adjacent to my clients ' land is located in Res. A B-2 district and according to my clients , does not have the benefit of a variance nor is it a non-conforming i use. Accordingly and on their behalf, I an requesting that r you enforce the Zoning Ordinance of the City of Salem and ' the violation of the Ordinance. This request for cessation is being made to you in accordance with Ch. 40A of. the General Laws of Massachusetts. Very truly your, DECOULOS SPIER Nichola J. Decoulos NJD:mc: cc:George Zambouras 1cc: Linda Zambouras e / 0 y LAW OFFICES DECOUL.OS & SPITZER 248 ANDOVER STREET AT WILLOWDALE LANE 1 - PEABODY. MASSACHUSETTS 01960 (617) 532-1020 NICMO✓S J. DECOULOS - _ KARL G. SPITZER JAMES N. DECOVLOS uiding you in conducting this hearing, For the purpose of g I refer you to Chapter 40A, Sections 7 and 8 and the case of Carl A. Neuhaus et al . v. Building Inspector of Marlborough, et al . , 19---Tl—mass. App. Ct. Adv. Sh. , 1 1 . George J. Zambouras and Linda Zambouras By Their Attorn aNICHOLASDECOULOS J. Hereunto Duly Authorized Duplicate original : s City Clerk, City of Salem CERTIFIED MAIL { RETURN RECEIPT REQUESTED EF cc: John R . Serafini , Esq, Mr . George J. Zambouras SENT ORIGINAL TO ATTORNEY RICHARD STAFFORD 3/17/83 C LAW OFFICES DECOULOS & SPITZER . ,,t•ir�r 248 ANDOVER STREET AT WILLOWDALE LANE - PEABODY, MASSACHUSETTS 01960 NICHOLAS J. DECOULOS (617) 532-1020 's3 MP.° -4. P4 :27 KARL G. SPITZER - r ('� JAMES N. DECOULOS CITY CLL( ' S Q['-iCE March 2, 1983S" I ' Board of Appeals City Of Salem One Salem Green Salem, MA 01970 APPEAL BY PERSONS AGGRIEVED. BY REASON OF THEIR INABILITY TO OBTAIN ENFORCEMENT ACTION An appeal is hereby made by George J. Zambouras and Linda Zambouras to your Board because they are aggrieved by the failure of the Building Inspector, Richard T. McIntosh, : .to enforce the Zoning Ordinance of the City of Salem. Copies of letters dated December 13 , 1982, Exhibit A, and December 15 , 1982, Exhibit B, are attached hereto, expressly made a part hereof and incorporated herein by reference. The Building Inspector 's response was not received by the parties requesting enforcement until February 25, 1983• The violation of the Zoning Ordinance described in Exhibits A and B is being made by Tri-City Sales , Inc. , 272- 274 Highland Avenue, Salem, the owner of property immediately abutting property owned by the aggrieved parties . The Building Inspector in his letter of December 15 , 1982, identified the area as Lot 99 , City of Salem Assessor ' s Map 8. A further description is Lots 89 and 90 as shown . on a plan numbered 11 , 802C drawn by Thomas A. Appleton, Civil Engineer , dated May 5 , 1928 , and filed with the Land Registration Office with Certificate of Title No. 7179 • Tri-City Sales, Inc. acquired that real estate by deed of Blue Star Diner, Inc. dated March 7 , 1980 , and recorded with Essex South District Registry of Deeds, Book 6683 , Page 775 and referred to in said deed as Document No. 173790 and being parcels 1 and 2 described in said deed. It is respectfully requested that a hearing be scheduled by your Board in order that the parties involved may be heard as to why there is a failure on the part of the Building Inspector to enforce the Zoning Ordinance of the City of Salem. rrz SENDER: C.eaptte item,1.2,.and3. Add your address in.the"RETURN TO'apace on te+urse. m 1. The"owing service is requested(checl• (3 Show to wham and date delivered............ 6% g G Slim to whom,date and address of delivery...—C ❑ RESTRICTED DELIVERY Show to wham and date delivered............._4 ❑ RESTRICTED DELIVERY. Show to.whum,date,and address of&!Ivery.E— (CONSULT POSTMASTER FOR FEES) 2 ARTICLE ADDRESSED TO: A David Cohen C Tri-City Salem _ 272-274 Highland Ave. Salem 01970 A _ n 3. ARTICLE D ESGRWTION: m REGISTIREO NO. CERTIFIEDNO. I INSURED NQ a 10024626 a (Always obtain signature of addre or agent) Jl' '+ I have received the article described above. m rFn SIGNATURE OA.ddrerase ❑Autharized a¢ut O 2 d. DATC OF DELIVERY RK Oet m ® R i& DRESE Gntpbb ordy if Iaquaabd) S. �i s y, / r – m 6. UNABLE TO DELIVER 6ECAUSE: _ 't CLERK'S INITIALS D *GPO:1979-300459 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PMATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE,ssoo uae • Complete items 1,Z,and 3 on the reeem ®m • Attach m front of article if space Permit; otherwise affix to back of article. • Endorse article"Return Receipt Requested' adjacent to number. RETURN TO Public Property Department (Narm of Sender) One Salem Green (Stmet or P.O.Box) Salem, MA 01970 (Qty,Stele,and ZIP Code) RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) NT TO ri-City Sales STREET AND NO. 272-274 Highland Ave. P.O.,Saiem, MA ZIP CODE POSTAGE $ CERTIFIED FEE 4 W SPECIAL DELIVERY Q RESTRICTED DELIVERY 6 O W SHOW TO WHOM AND DATE Q F > > DELIVERED m 2 H N SHOW TO WHOM,DATE,AND w c i ADDRESS OF DELIVERY Q 6 �... W SHOW TO WHOM AND DATE Q s DELIVERED WITH RESTRICTED o � DELIVERY V SHOW TO WHOM,DATE AND C+ ADDRESS OF OEDVERY WITH Q RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ r: POSTMARK OR DATE a a 0 0 Zoning Violation 0 w 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 on the left portion of the address side 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 on the left portion of the ? address side 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 andyour 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,afix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4: If you want delivey 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. * GPO 1978 -256-915 _ '*{.y� y� 2y� } jam. i _i 7 ubiit Prayrrig �EiJfir�'ItlPlllnl Richard.T.. McIntosh One "Salem .Green zap-nzi3 December 15, 1982 David Cohen Tri City Sales 272-274 Highland Ave. Salem, Massachusetts 01970 RE: Zoning Violation Dear Mr. Cohen: Please be aware of the fact that Lot #99 City of Salem Assessors Map #8 located at the rear of your building is in an R-1 Zoned District. You are not allowed to use this lot for parking or for any storage of trucks under the City Zoning Ordinance. You must therefore Cease and Desist from all illegal uses of this property immediately. You may make application with this Department for Board of Appeals Decision regarding th use of Lot #99. Failure to comply with any of the above will result in this matter being pursued through the Courts for whatever action they may determine. Very truly yours, Richard T. McIntosh Zoning Enforcement Officer RTM:bms C 3 J O LAW OFFICES JOHN R. SERAF]NI 63 FEDERAL STREET SALEM, MASSACHUSETTS 061�I970 JOHN R. SERAFINI MAR $ 56 PM '03 JOHN R. SERAFINI, JR. TELEPHONE 744-0212 JOHN F. SADOSKI RECEIVED AREA CODE 6t7 CITY OF SALEM,MASS. March 2 1983 Nicholas J. Deeoulost Esquire Decoulos & Spitzer 24.8 Andover Street Peabody, Massachusetts 01960 In re: Tri-City Sales, Inc. Dear Nick: Can you and I meet.some day next week in connection with the above-entitled matter? Very truly yours, JOHN R. SERAFINI, Esquire IRS/cac cc: Mr. Robert T. McIntosh UI Y UN SALLM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: 7 /Address: %✓ �.✓v S Thi 12>, p Complaint: 1 ice' e� i 0.-,4VVw"e- Complainant: _ ,/�.�G /7�� Phone#: Address of Complainant: e2en4 izz- Cagle P DAVID SHEA, CHAIRMAN KEVIN HARVEY B�fILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESS TREASURER/COLLECTOR DPW WARD COUNCILLOR�j Pt DAN GEARY SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND 1'0 DAVE SHEA WITHIN ONE WEEK. THANK �YOU �FOR YOUR ASSISTANCE. ACTION: J? •SENDER:Complete items 1.2,3,and 4. Add your address in the"RETURN TO"space on reverse. (CONSULT POSTMASTER FOR FEES) I.The following service is requested(check oneLO Show to whom and date delivered..........*......... —S ❑ Show to whom,date,and address of delivery.. —6 2.❑ RESTRICTED DELIVERY —Q (The restricted deliveryfee is charged in addition to the return receipr fee.) TOTAL S -3.ARTICLE ADDRESSED TO: x David Cohen. 272-274 Highland Ave. z Salem,Ma 01970 9 4. TYPE OF SERVICE: ARTICLE NUMBER In El REGISTERED ❑INSURED P. 47 In [&CERTIFIED C]C1 '720 641 ~ ❑EXPRESS MAIL n (Always obtain signature of addressee or agent) I have received the article described above. 5 El Auht y SIG on In -0 V` DA FDEUVERY ARK Z 6.ADDRESSEES ADDRESS tOnly i/requure� r� O Am w` a d V- r 7. UNABLE TO DELIVER BECAUSE: 7A EMPLOYEES m INITIALS O 3 a 'r I UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your nerve, OF POSTAGE,5700 �.., Y ghbeA WZIP Cob In the space below. • Complete Wm01,x dens ton 0e reverse. uS.MAII ARAN to lroN of amu spne Permits. ��® Endow@ea1R5W bull Ilmote. • EndoNeao marbarWm Receipt Requested" i. adJaceM to malber. RETURN To i Public Property Department (Name of Sender) 1 Salem Green (Street or P.O. Box) SalemeMa 01970 (Cky, State; and ZIP Code) •SENDER:Complete items 1,2,3,and 4. Add your address in the"RETURN TO"space on reverse. (CONSULT POSTMASTER FOR FEES) 1.The following Service is requested(check one). ® Show to whom and date delivered.................... d6 ❑ Show to whom,date,and address of delivery.. _¢ 2.El RESTRICTED DELIVERY —0 (The remitted delivery fee B charged in addition to the return receiPrfee.) TOTAL S 3.ARTICLE ADDRESSED TO: x Nicholas Decoulas,Esq ol24S Andover St. Peabody,Ma 01960 M 4. TYPE OF SERVICE: ARTICLE NUMBER a C1 ❑REGISTERED ❑INSURED p 474 ❑EXPRESS MAIL❑COD 720 642 m (Always obtain signature of addressee or agent) y I have received the article described above. y SIGNATOR Addressee El Authorized agent 53 G S' ATE F DELIVERY / POSTMARK M / A `V, 1 13 v = 6.ADDRESSEE'S ADDRESS(Only if neq.wed) (t' �ra CZ Cj ' m 1.UNABLE TO DELIVER BECAUSE: `� 7A.pMPi BEE'S)/ 7 .\ s r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Pfirt our P OF POSTAGE,$300 y Assn Et 1.% DP 4orn th re ace below. U- • ANitdlto0mlof Wd0f Wazce Pemuts, EndndsE ft"ReanRa 1pI • E0ticettlUNtntler. Rtcelpt q¢gbeetetl" edjattAl t0 A010blf. RETURN TO Public P#operty Department (Name of Sender) 1 Salem Green (Street or P.O. Box) Salem,Massachusetts 019j70 (City;State„and ZIP Code) STICK POSTAGE STAMPS TO ARRCLE TO COVER FIRST CUSS POSTADE, CERTIFIED MAIL FEE,AND CHARGESTOR ANY SELECTED OPTIONAL SENVICES.(sitheYQ 1.Ifyouwant tliturecelpt F stmarkeTSfle ti4egnmr adswbw theteftportion oftheaddresistde of the article leaving the receipt atfachedandpresent the article at a post office service windbwor hand It to your rural carrier.(no extra charge)' 2.If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt,and mag the article. 3.If you war a return receipt,wrttethe tertified-malt mimber andyour name and address an a return receipt card;Form 3811,and attachit to thefrontofthdarticle hymeans ofthe gummed ends H spare pOmft Dlherwiisa,SMA to back of articls.Endorse from of article RETURN RECEIPT t REQUESTED adjacent to Hie noti 4.If youmm delivery restricted to the addresses,or to an authofaed agent of the addressee, endorse RESTRICTED DELIVERY on the from of the article. 6.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 Rem 1 of Form 3811, 6.Save-fits receipt and present it if you make inquiry. - P 474 720 041 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) . Sent to David Cohen Strget and No. 272-274 Highland Ave. P.O.,State and ZIP Code • Salem-Ma Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, N Date,and Address of Delivery ao ON TOTAL Postage and Fees $- a ly Posimerk or Dete Tri-City Sales . o, m , E 0 W ur a STILE POSTAGE STAMPS To�fmcLE To com FINsT CLASS-POSTACE CERTIFIED MAIL FEE AND CHARGES FORANYSELECTED OPTIONAL SERVICES.(sea fmaQ 1.RyouwantthtsrecelptVostmarkfltl;s[hklwgummedstubontheteftportlonoftheaddreaaslda of the article leaving the receipt Ittachedand present the article ata post officesatvTce wintlowor hwd R to your rural carrier.(no extra charge) - 2.It you do not want this receipt postmarked,stick the gummed stub on the left poitton of the address aide of the article,data,dataph and retain the receipt,and mail the article. 3.If you went a return recain write the certified�mait mtmber and your name antl address on a return receipt card,Form 3811,and affach it to the front-of therarticle by means of the gummed!ends R space permits,QthenYise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4.,It you wan delivery restricted to the addressee,or to an owhortred agent of the addressee, endorse RESTRICTED DELIVERY on the from of the article. S.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 Rem 1 of Form 3811. O.Save this receipt and present it if you make Inquiry. P 474 720 642 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Nicholas Decoulas,Esq Street and No. ' 248 Andover Street P.O.,State and ZIP Code Fcabod Ma 01960 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showino to whom and Date Delivered Return Receipt Showing towhom, n Date,and Address of Delivery m �. TOTAL Postage and Foes $ a p01., fbrtmerk or Date Re: Tri-City Sales E o` w 4] G. Tttu of �SaIem, efassach sztts uhiu PropertU Ppprzr#titer Richard T. McIntosh One Salem Green 745-0213 August 8, 1983 David Cohen c/o Tri-City Sales 272-274 Highland Avenue Salem, Massachusetts 01970 RE: Zoning Use and Occupancy Dear Mr. Cohen: N Please be aware of the fact that you may be in violation of the City of Salem Zoning Ordinance as regards the occupancy of Dunham Foot— wear._ You obtained a Variance from the Zoning Board of Appeals in 1968 which allows for warehouse use. Dunham Footwear is more properly class— ified as mercantile use, which creates the violation. You may make application for Board of Appeal decision relating to this matter by filing the proper forms accompanied by appropriate fees. You may obtain applications at this office located on the second floor of One Salem Green. If you do not wish to pursue the Board of Appeal, you are then required to cease and desist from all of the mercantile use as it relates to this situation. Very truly yours, Richard T. McIntosh Zoning Enforcement Officer RTM:bms cc: Mary Harrington, Ass't City Solicitor Nicholas Decoulas, Esq. 248 Andover St. , Peabody Cert. # 474 720 NS �/ COMMONWEALTH OF MASSACHUSETTS ESSEX , SS. SUPERIOR COURT CIVIL ACTION �J NO. ? /f/ GEORGE ZAMBOURAS AND LINDA ZAMBOURAS , V Plaintiffs V. COMPLAINT TRI-CITY SALES , INC . , JAMES B. HACKER , DOUGLAS HOPPER , SCOTT CHARNAS, RICHARD A . BENCAL , EDWARD LUZINSKI , ARTHUR LEBRECQUE AND JOSEPH PIEMONTE AS THEY ARE THE MEMBERS OF THE BOARD OF APPEALS OF THE CITY OF SALEM, AND RICHARD T . McINTOSH AS HE IS THE ZONING ENFORCEMENT OFFICER OF THE CITY OF SALEM,Defendants 1 . The plaintiffs are residents of Salem, Essex County , Massachusetts, and reside at 18 Marlborough Road . 2 . The defendant , Tri-City Sales, Inc. , is a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts with an usual place of business at 272 Highland Avenue , Salem, Massachusetts. 3 • The following named defendants are the duly appointed members of the Board of Appeals of the City of Salem: James B. Hacker, 7 Ugo Road, Salem, MA Douglas Hopper, 51 Dearborn Street, Salem, MA Scott Charnas, 16 Loring Avenue , Salem, MA 01970 Richard A. Bencal , 19 Goodale Street, Salem, MA Edward Luzinski , 25 Hardy Street, Salem, MA Arthur LeBrecque, 11 Hazel Street, Salem, MA Joseph Piemonte , 22 Crowdis Street, Salem, MA 4 . The defendant, Richard T. McIntosh, is the duly appointed Zoning Enforcement Officer of the City of Salem, with offices at One Salem Green, Salem, Massachusetts. 5 . On December 13 , 1982 , a letter (Exhibit A) was mailed to the defendant , McIntosh, informing him of a violation by Tri-City Sales, Inc. relating to land owned by Tri- City Sales, Inc . and purchased on March 7 , 1980 , which land is located on Marlborough Road, in Salem, and being used for business purposes but located in a residential zone . 6. On December 15 , 1982 , the defendant, McIntosh, informed the defendant , Tri-City Sales, Inc . , that there was a violation of the Zoning Ordinance and that it should cease and desist from all illegal uses of its property. 7 • The land does not have the benefit of any variance or special permit which allows the defendant , Tri-City, to use the premises in violation of the Zoning Ordinance of the City of Salem; the only variance being one issued in 1968 (Exhibit B) , allowing the construction of a building for storehouse space , which building was constructed on land immediately adjacent to the land being used for parking, and said building is now being used for retail use. 8 . A copy of said letter dated December 15 , 1982, was not mailed to the plaintiffs until February 25 , 1983 , (Exhibit C) . 9 • On March 2 , 1983 , an appeal (Exhibit D) was made by the plaintiffs to the Board of Appeals informing them of the fact that the plaintiffs were aggrieved by the reason of their inability to obtain enforcement action by the defendant , McIntosh. 10 . On March 23 , 1983 , the Board of Appeals, acting through its Chairman, replied that the Zoning Enforcement Officer did properly perform his duties (Exhibit E) . The reply was not filed with the City Clerk' s Office. 11 . Said alleged decision (Exhibit E) of the Board of Appeals exceeded the authority of the Board of Appeals. 12. Said alleged decision (Exhibit E) was contrary to the Zoning Ordinance of the City of Salem. 13. The defendant, McIntosh, failed to enforce the Zoning Ordinance of the City of Salem and is in violation of Chapter 40A of the General Laws of Massachusetts. 14 . As a result of the aforesaid allegations, the plaintiffs filed with the Superior Court a Complaint seeking enforcement of the Zoning Ordinance of the City of Salem. =2- 15 . Said Complaint filed by the plaintiffs came on to be heard , and it was adjudicated (Exhibit F) that the plaintiffs file with the Board of Appeals an application to renew their efforts to have the Zoning Ordinance enforced; and that in the event that a decision of the Board of Appeals was made by which the plaintiffs would be aggrieved , they would have the right of appeal as set forth in the General Laws . 16 . Pursuant to said Judgment (Exhibit F) , the plaintiffs did file an application and on November 2 , 1983 , a decision was made by the Board of Appeals (Exhibit G) . 17 . Said decision exceeds the authority of the Board , and the plaintiffs are aggrieved by said decision wherein the Board failed to order the defendant , McIntosh, to enforce the Zoning Ordinance. 18 . Said decision is contrary to the Zoning Ordinance of the City of Salem. 19 . The defendant, McIntosh , by failing to enforce the Zoning Ordinance of the City of Salem, is in violation of Chapter 40A of the General Laws. 20. The plaintiffs being residents of the City of Salem and abutting the locus on which the violation is occurring, are aggrieved by the decision of the defendants, Board and McIntosh. 21 . The defendants, Board and McIntosh, acted with gross negligence , in bad faith, or with malice in failing to enforce the Zoning Ordinance of the City of . Salem. 22. The plaintiffs have also filed on this same day an appeal from the decision of the Board of Appeals granting a special permit to David Cohen, who alleges that he is an officer of the defendant, .Tri-City Sales, Inc . , allowing the defendant , Tri-City Sales, Inc. to use the premises in accordance with that decision (Exhibit H) . -3- All exhibits referred to herein are attached hereto, expressly made a part hereof and incorporated herein by reference. WHEREFORE , THE PLAINTIFFS REQUEST: 1 . That the Court , in addition to the service of process as required in Section 17 of Chapter 40A of the General Laws , issue a Short Order of Notice ordering the defendant, Tri-City , to appear in Court and show cause why Tri-City not be enjoined as stated in the following paragraph . 2 . That upon return of the Order of Notice and after hearing, the Court preliminarily enjoin the defendant, Tri-City , from using any land that immediately abuts the building owned by Tri-City for parking and any part of the building which has the benefit of a variance granted in 1968 for other than storehouse use. 3 . That the Court conduct a hearing, determine the facts and upon the facts as so determined, annul the action taken by the Board of Appeals by making a specific finding that the defendant, McIntosh , is not enforcing the Zoning Ordinance of the City of Salem. 4 . That the defendant, Tri-City, be permanently enjoined from using the premises in violation of the Zoning Ordinance of the City of Salem by using the 1968 building for retail purposes and the parking lot for retail purposes. 5 . That the Court award to the plaintiffs their costs and reasonable attorney ' s fees. 6 . And for such further relief as justice and equity may require. Nicholas J . Decoulos DECOULOS & SPITZER Attorney for Plaintiff( s) 248 Andover Street Peabody, MA 01960 Tel . 532-1020 -4- December 13 , 1982 Building Inspector City of Salem 1 Salem Green Salem, MA 01970 . Dear Sir : Please be advised that this office represents George Zambouras and Linda Zambouras , who are the owners of the land and building located and known as lot no. 92 , Marlbourough Road , Salem, Mass . , and immediately abuts property owned by Samuel Rome or Tri-City Sales , Inc . or both of them. On their behalf, I am calling your attention to the fact that the land adjacent to my clients ' land is located in Res. A B- 2 district and according to my clients , does not have the benefit of a variance nor is it a non-conforming use. Accordingly and on their behalf, I am requesting that you enforce the Zoning Ordinance of the City of Salem and the violation of the Ordinance. This request for cessation is being made to you in accordance with Ch. 40A of the General Laws of Massachusetts . Very truly your;, DECOULOS $ SPITZER 5 i Nicholas J. Decoulos NJ, cc;Ge(Drge Zambouras cc:Linda Zambouras BK5580 PG459 T REcr (.►111 of !2�afrltt, �l�ass�lrllit�rtts OCT 4 8 46 Ali '68 Pourb of cAppral CITY i.i. uFFICE October SALEM, MASS. 9, 1968 DECISION ON PETITION OF SAl1rU1. RO+IE TO ERECT AN ADDITION TO AN EXISTING DUILDZNG AT 272274 HIGHLAND AVENUE Tho inspector of Duildin(;s refused to issue :, 1,e.emit to allow tbt. construe t� ion of on addition to a huildin^ at. this iorat, ion hr•c•anye of mneonfnntruy With regard to density rer-ulntions of Clio City %oninlC f)rd in:ulce. Petitioner tlppeoled to the rlonrd of Apperll for a . ;,ri mice from the nPpl ,cn_ timr of the Zoning Ordinance , and a hearin(, was heli on this potition on September 27, 191,8, purst,arit to notices mailed , abutters, Doard Pternbera, and others, anti advvrtism cent� ;,ubllishedtiniTher� Evening News. In addition to Chnirm;ut Gray, Ph,mbers Poult;er, Lobrocgile , Abhot. t and Tanch were in nttendnnee at this hearing, members Doyle and Welch being unable to be present . Counselor ,John I1. Serafini appeared for the pet.it. ionpr and �taterl the case Lite same as in the original petition. Ile further stated that petitioner operates an existin,- bllsilless of this loention, known ns TriCit.y Salsa, anti in is necessary to this business to enlarge tile. building to provide atoro- hmisc facilities, No one appeared in 01'l,osit. ion at this hearing. heonard Cawley, ex-Councillor for this Ward , appeared at ;shout 8:00 P.M. to oppose ,-ranting (his petitions but this appeal had I.,ecn hvard at. 7:00 P.m. . . ' After due consideration the Doard voted unnnimot+sly to (;rant this appeal to relieve hardship to the petitioner, havin,- in mine! that this district is zoned for Highway Business and there are numerous bnsiness establishments operating in the immediate vicinity, the Board Members felt that to grant this appeal would cause no detriment to the public (•ood , and would not derogate from the intent and purpose of the Ordinance. APPEAL GRANTED IIO..IH1 OF APPEAL •�8t'i' :e J, iO.:,r. Acting Soeretsry > Cit_ Clerk - " Essex as , Recorded Dec . 16 , 1968. 11 M . pasta P. M . #170 ' 4 Gill :•4k� 3 fr e •� • _ �r.colmyb, r "Salem, a Puhlir 13roprtg Ent ,rJMA ? 1Ttl�Tli$ �P}J2ITT:tPY[t . Richard T.. McIntosh One Salem .Green � r" 745-1213 , CE7 December 15, 198 r David Cohen Tri City Sales 272-274 Highland Ave. Salem, Massachusetts` 01970 RE: Zoning Violation Dear Mr, Cohen: Please be aware of the fact that Lot #99 City of Salem Assessors Map #8 located at the rear of your building is in an R-1 Zoned District. You are not allowed to use this lot for parking or for any storage of trucks under the City Zoning Ordinance, You must therefore Cease and Desist from all illegal uses of this property immediately, You may make application with this Department for Board of Appeals Decision regarding th use of Lot #99. Failure to comply with any of the above will result in this matter being pursued through the Courts for whatever action they may determin0. Very truly yours, Richard T. McIntosh Zoning Enforcement Officer RTM:bms March 2, 1983 Board of Appeals City Of Salem One Salem Green Salem, MA 01970 APPEAL BY PERSONS AGGRIEVED BY REASON OF THEIR INABILITY TO OBTAIN ENFORCEMENT ACTION An appeal is hereby made by George J. Zambouras and Linda Zambouras to your Board because they are aggrieved by the failure of the Building Inspector, Richard T. McIntosh, to enforce the Zoning Ordinance of the City of Salem. Copies of letters dated December 13 , 1982 , Exhibit A, and December 15, 1982, Exhibit B, are attached hereto , ex,,ressly made a part hereof and incorporated herein by reference. The Building Inspector' s response was not received by the parties requesting enforcement until February 25, 1983. The violation of the Zoning Ordinance described in Exhibits A and B is being made by Tri-City Sales , Inc. , 272- 274 Highland Avenue, Salem, the owner of property immediately abutting property owned by the aggrieved parties. The Building Inspector in his letter of December 15, 1982, identified the area as Lot 99 , City of Salem Assessor's Map 6. A further description is Lots 69 and 90 as shown on a plan numbered 111802C drawn by Thomas A. Appleton , Civil Engineer, dated May 5, 1928, and filed with the Land Registration Office with Certificate of Title No. 7179. Tri-City Sales, Inc . acquired that real estate by deed of Blue Star Diner, Inc. dated March 7, 1980, and recorded with Essex South District Registry of Deeds, Book 6683, Page 775 and referred to in said deed as Document No. 173790 and being parcels 1 and 2 described in said deed. It is respectfully requested that a hearing be scheduled by your Board in order that the parties involved may be heard as to why there is a failure on the part of the Building Inspector to enforce the Zoning Ordinance of the City of Salem. I For the purpose of guiding you in conducting this hearing, I refer you to Chapter 40A, Sections 7 and 8 and the case of Carl A. Neuhaus et al. v. Building Inspector of Marlborough, et al . , 1981 Mass. App. Ct. Adv. Sh. , 161 . George J. Zambouras and Linda Zambouras By Their Attorney : NICHOLAS J. DECOULOS Hereunto Duly Authorized Duplicate original : City Clerk, City of Salem CERTIFIED MAIL RETURN RECEIPT REQUESTED cc : John R. Serafini , Esq. Mr. George J. Zambouras fwN �t Tt#u of "SaIPm, rlu$$tttiiu$P##$ < � Pottrb of �PvPttl �P March 23, 1983 Nicholas F. DeCoulas 248 Andrew Street Peabody, Massachusetts 01960 RE: Enforcement of Zoning Ordinance Tri City Sales, Highland Ave. , Salem' Dear Mr. DeCoulas: Receipt of your letter dated March 2, 1982 is acknowledged. After carefully reviewing the facts concerning Tri City Sales on Highland Ave. , Salem, the Board of Appeal finds that the Zoning Officer is properly per- forming his duties. An application to the Board of Appeal has been made by Tri City Sales for a Variance to allow the lot in question to be used for parking. Said hearing will be held in April, the exact date has not as yet been set. Vey truly�yo�urs,/� aures B. Hacker airman, Board of Appeal JBH:bms cc: Tri City Sales John R. Serafini, Esq. a v,, ;,1 CQiF'.L-dO oWEALT'H 4E ASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIfLL ACTION No. v3-V t5 •--------- --C..1h��i_.- --- �. � ---__-.. Plaintiff(s) �r,-.__�;, _. --_, �r?- ------------- -� --- - ��-- �- -------------- - Defendants ___-- (t �,. JUDGMENT This action came on for (trial) (4xmFiwg4 before the court, (5E- /, J. presiding, and the issues having been duly (tried) (mead) and findings baving been duly rendered, It is ORDS and AnJcmccm: `• (� k-IS M �H4b RtMgNko �` 11 _&WO CrTr IQPPtA13 P6Ji4QFQG441 cap, ► w fs d � l�, � Au w 0 �mis KOO A flfW(L�rJ ov o2 b4oee 5F Fe -6 1483 >a� TLti,e�u51oiJ bt dei wl �ht <i ,�,l ( w��1,�0 �`�' �oUe Cz�I oac5�lti��2w ` ;5 mat{E� is Q,Kuss ' ,'Q `4, PPACs 2 ANY Ktc 5 o>J 07 �>r`8-,orrea' 67 Af ptQc CI at t e`¢�►i j e� Appal cos .a e1 ►M,� SC�aT� e 5�. k6og- 60� 56,11 wt �p i y ba�5�ieoY.� Mkt �( Q - g oKl �� S o Z. a 1£au e£spL+, ll Dated at New 6( �,tr(�� Massachusetts, this 13 h day of u' Is83 /�'�"" s ani Clark Ckas L //nn'' iG N 1� • ... � 7 ter Mj MRCP Form 32 7-765000 D S�:covcup_.b.. (tfitg of Salem; ttsstttltus # ourb of �kpprnl 083 NOV -2 P 3 :04 DECISION ON THE PETITION OF GEORGE AND LINDA 21MM��` (JRA-S` REQUESTING ENFORCEMENT OF THE ZONING ORDINANCE O iT""RELATES TO USE OF THE TRI-CITY SALES, INC. PREMISES A hearing on this petition was held on October 19, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Piemonte and Associate Member Bencal. Notices of the hearing were sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner seeks to have the Board direct the Building Inspector to enforce the Zoning Ordinance as regards Tri-City Sales, Inc. 's (TriCity) alleged violations of same by (a) operating a retail shoe outlet in an R-1 Zone and (b) using part of the premises for parking of vehicles for a commercial purpose. The Board of Appeal, after hearing the evidence presented at the hearing, makes the following findings of fact: 1 . Petitioner has not sustained its burden of proving that a retail shoe operationis being conducted by Tri-City more than thirty feet from the B-2 Zone in which much if not most of Tri-City's premises lie, the only evidence of same adduced at the hearing being a plan prepared by petitioner who is not a registered engineer. 2. The Building Inspector has taken certain steps, including writing on December 15, 1982 to Tri-City telling them to Cease and Desist parking or allowing parking in the disputed area, to prevent Tri-City from using 3. The Board of Appeal has voted to grant Tri-City (through it's president, David Cohen) a Variance to allow the parking of which petitioner complains; 4. Petitioner has not adequately substantiated it's claim that, since the Building wrote to Tri-City on December 15, 1982 requesting Tri-City to Cease and Desist parking or allowing parking in the disputed area, there have been anyviolations of the Zoning Ordinance regarding parking on the premises. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . There is insufficient evidence that Tri-City is committing or has committed since December 15, 1982, any violation of the Zoning Ordinance regarding parking; 2. There is insufficient evidence that "Tri-City has ever violated the Zoning Ordinance by carrying on a retail shoe business more than thirty r, feet from the B-2 district on which much if not most of it's property lies. DECISION ON THE PETITION OF GEORGE AND -LINDA ZAMBOURAS REQUESTING ENFORCEMENT OF THE ZONING ORDINANCE AS IT RELATES TO USE OF THE TRI-CITY SALES, INC. PREMISES page two Therefore, the Zoning Board of Appeal voted unanimously to deny petitioners request to order the Building Inspector to enforce the Zoning Ordinance as it relates to Tri-City Sales, Inc. 's use of it's premises as a retail shoe outlet, or for commercial parking. Scott E. Charnas, Acting Secretary (L Z L_)Q i � U A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE TRADE PURSUANT TO SECTION 17 OF THE MASS. - GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF T51S DEC!SVI IN THE OFFICE OF THE CITY CLERK. :':ASS. GENERAL LAW'S, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PE^:S'llT - "EO H--REIi I, SHALL NOT TAKE ERECT UNTIL A COPY OF THE DECISION. BEARIP:G THE CERT 4F Tllp GTY CLERK THAT 'GO DAYS HAVE ELAPSED AND NO APPEAL H,..S S°EN FILED, . I ' A74 APPEAL HAS BEEN RLE. THAT IT HSS BEEN DI,fi1S5`_O OR DENlyE OF IST 1`. *AUE - ' R� L : i THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE N',\tE OF TrE OF F•" _R AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. V, BOARD OF APPEAL R, FUSCO, CCLERR. ick;OPY ATTEST COMMONWEALTH OF MASSACHUSETTS ESSEX , SS. SUPERIOR COURT CIVIL ACTION NO . GEORGE ZAMBOURAS AND LINDA ZAMBOURAS, Plaintiffs V • COMPLAINT DAVID COHEN , and JAMES B. HACKER , DOUGLAS HOPPER , SCOTT CHARNAS , RICHARD A . BENCAL , EDWARD LUZINSKI , ARTHUR LaBRECQUE AND JOSEPH PIEMONTE AS THEY ARE THE MEMBERS OF THE BOARD OF APPEALS OF THE CITY OF SALEM , Defendants 1 . The plaintiffs , George Zambouras and Linda Zambouras , reside at 18 Marlborough Road , Salem, Essex County , Massachusetts. 2. The defendant, David Cohen, alleges that he resides at 272 Highland Avenue , Salem, Massachusetts , and alleges that he is the owner of the real estate at that address . 3 . The following named defendants are the duly appointed members of the Board of Appeals of the City of Salem: James B. Hacker, 7 Ugo -Road , Salem, MA Douglas Hopper , 51"Dearborn Street , Salem, MA Scott Charnas, 16 Loring Avenue , Salem, MA Richard A . Bencal , 19 Goodale Street, Salem, MA Edward Luzinski , 25 Hardy Street , Salem, MA Arthur LaBrecque , 11 Hazel Street , Salem, MA Joseph Piemonte, 22 Crowdis Street, Salem, MA 4 . The defendant , Cohen, on September 9 , 1983, requested the Board of Appeals to grant a variance and/or special permit (Exhibit A) to allow parking in an area zoned for single residential purposes. 5 . On November 2 , 1983 , the Board of Appeals allegedly granted a special permit to the defendant, Cohen , Tri-City Sales , which special permit was filed with the City Clerk on November 2 , 1983 , (Exhibit B - certified copy) . 6 . The application for the variance/special permit made r by the defendant , Cohen , the notice =of the hearing, the hearing, and the decision do not comply with the General r: . Laws of Massachusetts , Chapter 40A , the cZoning Ordinance of the City of Salem, and the Rules and Regulations of the Board of Appeals. 7 . Said decision of the defendant, Board of Appeals , exceeds the authority of said Board . 8 . The plaintiffs are' the owners of real estate abutting the locus allegedly owned by the defendant , Cohen , and are aggrieved by the alleged approval of the application of the defendant , Cohen , and the decision granting the special permit , and invoke the provisions of the General Laws , Chapter 40 , Section 17 . 9 . By granting the special permit to the defendant , Cohen , the defendant , Board of Appeals, acted with gross negligence , in bad faith , or with malice . All exhibits referred to herein are attached hereto , expressly made a part hereof and incorporated herein by reference . WHEREFORE , THE PLAINTIFFS REQUEST : 1 . That the Court conduct a hearing, hear all evidence pertinent to the authority of the Board of Appeals to grant a special permit , determine the facts, and upon the facts as so determined , annul said decision by making a finding that said decision exceeded the authority of the defendant , Board of Appeals. 2. That the Court make a finding that the Board of Appeals in making said decision acted with gross negligence, in bad faith, or with malice , and award to the plaintiffs their costs and reasonable attorneys' fees 3 • That the Court notify the Board of Appeals , the Building Inspector, and the City 'Clerk to change their records accord- ingly and to act in accordance with the Court ' s Judgment . 4 . And for such further relief as justice and equity may require. Nicholas J . Decoulos DECOULOS & SPITZER Attorney for Plaintiff( s) 248 Andover Street Peabody , MA 01960 Tel . 532-1020 Dated : November 18 , 1983 -2- r Inl``wr APPEAL CASE NO.. . .... .. .. .. .. . . vs:pfir ,�2�, assntljusetts Pourb of JAPPeA 15PN '83 4rP TO THE RbaRD O LAPPMS,; �S " RECEI:' D ate UOndersigp�gan tAvenuehe CIpf Oi'MLlthelabfrfiers of a'certain parcel of land localted ti. . . Street; Zoninq District r.-. .: of the lai c and said parcel is affected by Section(s)?!.A..c YII.C..� "TWORNx Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. '•r DIRECT APPEAL The Application for Permit was denied by the Inspector of Buildings for the following reasons: DIRECT APPEAL The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed; as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- ` gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Petitioner seeks a variance and/or special permit to allow parking, as shown on the attached plans, on the lot along the .side of his existing -building. The building, which is non-conforming because of its proximity to Highland Avenue, has been located at this location for many years and was expanded in 1969 pursuant to a Use Variance granted by the Board. The building is currently used for _ retail use and storage—uses permitted by virtue of the B-2 zone in which the bulk of the building lies, by the prior variance granted, and by the. provisions of Section VII-1 of the Zoning Ordinance allowing B-2 uses in adjoining R-1 district up to'a distance of thirty feet. The volume of Petitioner's business has grown to such an extent that additional parking is desirable to supplement the present parking located in front of the building along Marlborough Road. The shape, size and topography of Petitioner's land render use of other parts of Petitioner's land unsuitable for parking' Purposes. These conditions coupled with Petitioner's need for extra parking create hardships, economic and otherwise, which peculiarly affect his land, David Cohen but not other land located in the same zoning Owner. .. .... district. Accordingly, the Petitioner seeks a """ ••'•• variance and/or special permit from the 272 Highland Avenue; Salem, &1W provisions of the Salem Zoning Ordinance to Address... . ...: .......... . . ...... ....•. .::..:1 "" allow the parking layout shown on the Telephone.c/o 744-0212 attached plan. .... ..... . . . .. .. . ................. Petitioner. ,David Cohen 'Date. . • September 9 , 19113 Address.M JR9blaad.Avenue..Salem. MA.... 12 74 .Tel . . . .. . .. . . B .. . . ........nlhtl . Three copies of the application must be filed with theSecretary of the Board of ,Appeals with a check, for advertising in the amount of. .453 SS four weeks prior to the meeting of the Board of Appeals. Check�payable�toThe�� ;v Evening News. 0 G 1 Y UP JALtM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: I Address: %✓ �.✓v S T/� ��..� P CompTain[n•" o c / �—' / y Complainant: AG /'P Phone#: Address of Complainant: DAVID SHEA. CHAIRMAN KEVIN HARVEY aVILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR DPW WARD COUNCILLOR / 11 DAN GEARY SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: q c Tity of ttiem, mttssar4usetts Public Properttl i9epartment Nuilbing Department (One Belem O$reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 25 , 1997 Tri City Sales Inc . 272 Highland Avenue Salem, Mass . 01970 RE : 272 Highland Avenue Dunkin Donuts Dear Owner : This office has received a complaint from the Neighborhood Improvement Task Force regarding the above mentioned property. This property is located in an Entrance Corridor Overlay District and the following rules apply concerning placement of dumpsters . Section 7-19 , Article C-#3 mechanical equipment and refuse storage . No refuse storage areas or mechanical equipment areas shall be located in a front yard , nor within twenty-five ( 250 feet of the front lot line of the side yard . Such areas shall be screened from all public ways , parking areas , residential land use and open space areas . Please comply with the above City of Salem Zoning Ordinance and have your dumpster relocated . Please contact this office within fifteen ( 15 ) days upon receipt of this letter and let us know of your course of action you will be taking. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcement 0O icer LET: scm CC : Jane Guy Y Vt' JALLM / NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: 1 711,21 j9,7 Address: C %✓ �.✓v S / i� L�.✓C P Complain : o c Complainant: Phone#: Address of Complainant: (,Q/-l�ilr-� cac*--< DAVID SHEA, CHAIRMAN KEVIN HARVEY ,01ill-DING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR DPW ARD COUNCILLORDAN GEARY SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK 7YOU FOR YOUR ASSISTANCE. ACTION: 41n l �i 1� qM X 11 )k yl Hj a?a /l"'- � - -� �� iii? ✓:��-�-cl�c � ��.�c /r�?�.2� S-/s^ao My conxoission expires Jan.17,2003 o /v O-z000 , r QC�L Cttp of Salem, jta55arbu!5ett!5 r Public Vropertp Mepartment jguilbing Mepartment One 6dt¢m Preen (978) 745-9595 Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 14, 1999 r Tri City Realty Trust 272 Highland Avenue Salem, Ma. 01970 RE: Disposal of used dishwashers To Whom it May Concern: Due to a number of complaints relative to safety and appearance of used dishwashers behind your building, we are recommending two options. 1. Install a fenced in area for the temporary housing of these used dishwashers. 2. Dispose of them on a daily basis as they are taken out. This problem must be resolved in a timely fashion. Please call my office to inform us as to how you will resolve this issue. I have talked to the Conservation Commission and they will direct you on how to proceed. Thank you for your anticipated cooperation in this matter. Sincerely, �� Pete t t Building Inspector "s - �° of 3ttlem, massttc4usctts Public PropertU Department tiguilaing Department (One *stem (6rcen 508-745.9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 27 , 1995 Tri City Sales Inc. 272 Highland Avenue Salem, Mass . 01970 RE : 272 Highland Avenue Dunkin Donuts Dear Owner : This office has received several complaints concerning the location of a dumpster at the above mentioned property. This property is located in an Entrance Corridor Overlay District and the following rules apply concerning placement of dumpsters . Section 7-19 , Article C-#3 mechanical equipment and refuse storage . No refuse storage areas or mechanical equipment areas shall 'De located in a front yard , nor within twenty-five ( 25 ) feet of the front lot line of the side yard. Such areas shall be screened from all public ways , parking areas , residential land use and open space areas . Please comply with the above City of Salem Zoning Ordinance and have your dumpster relocated. Please contact this office within fifteen ( 15 ) days upon receipt of this letter and let us know of your course of action you will be taking. Failure to do so will result in legal action being taken. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo -E . Tremblay Inspector of Build gs LET: scm cc: Joanne Scott David Shea Councillor O 'Leary Certified Mail # P 921 991 366 CITY OF SALEM, MASSACHUSETTS STANLEY J. LISOVICZ, JR. MAYOR DATE: February 20, 2002 TO: Tom St. Pierr istant Building Inspector FROM: Tom Pkiilbin of of Staff, Mayor's Office RE: Tri-City Sale After our meeting with Councillor O'Leary, Jeff Vaughan of the Health Department and Tri-City Sales personnel, we had informed Tri-City Sales that they were required to screen their dumpsters as part of the new dumpster ordinance. Also, in a prior letter you had informed Tri-City Sales individuals that the property they owned at 18 Marlborough Road contained an illegal storage shed and had commercial trucks parked on residential property. The solution proposed was to move the illegal shed onto Tri-City Sales parking lot. Last night at the Gallows Hill neighborhood meeting, Al Needham was presented with the attached map and ordinance, stating that 14 Marlborough Road is zoned R-1, and also stating under Article 5, Section 1, Paragraph 3 that"land cannot be used for the storage or overnight parking of motor vehicles, including trucks, tractors, trailers"unless exempted. Could you clarify for me the use of the property located at 14 Marlborough Road —whether it's illegal to store trucks or storage sheds or, for that matter, even park cars on that property and, if not, can we discuss other options? Also, can we get a date from Tri- City Sales for installation of screening of the dumpster? Thank you. SALEM CITY HALL•'93 WASHINGTON STREET•SALEM, MASSACHUSETTS 01970-3592•978/745-9595•FAX 978/744-9327 "F Y' �j GENERAL LAWS OF MASSACHUSETTS PART 1. ADMINISTRATION OF THE GOVERNMENT. TITLE XIX. AGRICULTURE AND CONSERVATION. CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES. Chapter 131: Section 40. Removal, filling, dredging or altering of land bordering waters. Section 40. No person shall remove, fill, dredge or alter any bank, riverfront area, fresh water wetland, coastal wetland, beach, dune, flat, marsh, adow_or swampbordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention to so remove, fill, dredge or alter, including such plans as may be necessary to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Said notice shall be filed by delivery in hand to the conservation commission or its authorized representative or by certified mail, return receipt requested, to said commission, or, if none, to the board of selectmen in a town or the mayor of a city in which the proposed activity is to be located. Upon such filing, the receipt of such notice shall be acknowledged in writing on the face thereof and shall include the time and date so received. A person delivering said notice by hand shall be given a receipt in writing acknowledging the time and date of such filing. Copies of such notice shall be sent at the same time by certified mail to the department of environmental protection. To defray state and local administrative costs each person filing such a notice shall pay a filing fee, determined on a sliding scale basis by the commissioner of administration after consultation with the secretary of environmental affairs. Fifty percent of any filing fee in excess of twenty-five dollars shall be made payable to the department of environmental protection, in a manner to be determined by the commissioner of environmental protection, at the same time as the copies of the notice are sent to the department of environmental protection. The remainder of said fee shall be made payable to the city or town; provided, that said remainder shall be expended solely by the local conservation commission for the performance of its duties under this chapter and shall accompany the copy of the notice sent to the city or town. No such notice shall be sent before all permits, variances, and approvals required by local by-law with respect to the proposed activity, which are obtainable at the time of such notice, have been obtained, except that such notice may be sent, at the option of the applicant, after the filing of an application or applications for said permits, variances, and approvals; provided, that such notice shall include any information submitted in connection with such permits, variances, and approvals which is necessary to describe the effect of the proposed activity on the environment. Upon receipt of any notice hereunder the department of environmental protection, hereinafter called the department, shall designate a file number for such notice and shall send a notification of such number to the person giving notice to the conservation commission, selectmen or mayor to whom the notice was given. Said notification shall state the name of the owner of the land upon which the proposed work is to be done and the location of said land. Any person filing a notice of intention with a conservation commission shall at the same time give http://www.state.ma.us/legis/laws/mgl/131-40.htm 2/13/2002 fi i I ' /50 l ISN L 2 O � 9 O o i x 1 BY4Fr Bo CULVERT FIAX T \\POND I 150- �U; i /475 i O ' \ X41 M ` u GE + > ERT /�\ O X 60 / A'E, / \. _ NEW . written notification thereof, by delivery in hand or certified mail, return receipt requested, to all abutters within one-hundred feet of the property line of the land where the activity is proposed, at the mailing addresses shown on the most recent applicable tax list of the assessors, including, but not limited to, owners of land directly opposite said proposed activity on any public or private street or way, and in another municipality or across a body of water. Said notification shall be at the applicant's expense, and shall state where copies of the notice of intention may be examined and obtained and where information regarding the date, time and place of the public hearing may be obtained. Proof of such notification, with a copy of the notice mailed or delivered, shall be filed with the conservation commission. Within twenty-one days of the receipt by a conservation commission of a written request made by any person and sent by certified mail, said commission shall make a written determination as to whether this section is applicable to any land or work thereon. When such person is other than the owner, notice of any such determination shall also be sent to the owmer. The term ""applicant" as used in this section shall mean the person giving notice of intention to remove, fill, dredge or alter. The term ""person" as used in this section shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof, administrative agency, public or quasipublic corporation or body, or any other legal entity or its legal representative, agents or assigns. The term ""bogs" as used in this section shall mean areas where standing or slowly running water is near or at the surface during a normal growing season and where a vegetational community has a significant portion of the ground or water surface covered with sphagnum moss (Sphagnum) and where the vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily including all, of the following plants or groups of plants: aster (Aster nemoralis), azaleas (Rhododendron canadense and R. viscosum), black spruce (Picea mariana), bog cotton (Eriophorum), cranberry (Vaccinium macrocarpon), high-bush blueberry (Vaccinium corymbosum), larch (Larix laricina), laurels (Kalmiaongustifolia and K polifolia), leatherleaf(Chamaedaphne calyculata), orchids (Arethusa, Calopogon, Pogonia), pitcher plants (Sarracenia purpurea), sedges (Cyperaceae), sundews (Droseraccae), sweet gale (Myricagale), white cedar (Chamaecyparis thyoides). The term ""coastal wetlands", as used in this section, shall mean any bank, marsh, swamp, meadow, flat or other lowland subject to tidal action or coastal storm flowage. The term ""freshwater wetlands", as used in this section, shall mean wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent plant communities in inland waters; that portion of any bank which touches any inland waters. The term "_lamps", as used in this section, shall mean areas where ground water is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface, and where a significant part of the vegetational community is made up of, but not limited to nor necessarily include all of the following plants or groups of plants; alders (Alnus), ashes (Froxinus), azaleas (Rhododendron canadense and R. viscosum), black alder (Ilex verticillata), black spruce (Picea mariana), buttonbush (Cephalanthus occidentalis), American or white elm (Nmus americana), white Hellebore (Veratrum viride), hemlock (Tsuga canadensis), highbush blueberry (Vaccinium corymbosum), larch (Larix laricina), cowslip http://Nvww.state.ma.us/legis/laws/mgl/l31-40.htm 2/13/2002 (Calthapalustris), poison sumac (Toxicodendron vernix), red maple (Acer rubrum), skunk cabbage (Symplocarpus foetidus), sphagnum mosses (Sphagnum), spicebush (Lindera benzoin), black gum tupelo (Nyssa sylvatica), sweet pepperbush (Clethra abufolia), white cedar (Chamaecyparis thyoides), willow (Solicaceae). The termet meadows";as used in this section where ground water is at the surface for the significant part of the growing season and near the surface throughout the year and where a significant part of the vegetational community is composed of various grasses, sedges and rushes; made up of, but not limited to nor necessarily including all, of the following plants or groups of plants; blue flag (Iris), vervain (Verbena), thoroughwort (Eupatorium), dock (Rumex), false loosestrife (Luchvigia), hydrophilic grasses (Gramincae), loosestrife (Lythrum), marsh fern (Dryopteris thelypteris), rushes (Juncaceae), sedges (Cyperaceae), sensitive fern (Onocleasensibilis), smartweed (Polygonum). The term ""marshes", as used in this section, shall mean areas where a vegetational community exists in standing or running water during the growing season and where a significant part of the vegetational community is composed of, but not limited to nor necessarily including all, of the following plants or groups of plants: arums (Araceae), bladder worts (Utricularia), bur reeds (Sparganiaceae), button bush (Cephalanthas occidentalis), cattails (Typha), duck weeds (Lemnaceae), eelgrass (Vallisneria), frog bits ('Hydrocharitaceae), horsetails (Equisetaceae), hydrophilic grasses (Gromineoe), leathedeaf (Chainaedaphne calyculata), pickerel weeds (Pontederiaceae), pipeworts (Eriocaulon), pond weeds (Potamogeton), rushes (Juncoceae), sedges (C}peroceoe), smartweeds (Polygonum), sweet gale (*Tico gale), water milfoil (Halcragaceae), water lilies (Nymphaeaceae), water starworis (Callitrichaceae), water willow (Decodon verticillatus). The term ""Densely developed areas", as used in this section shall mean, any area of ten acres or more that is being utilized, or includes existing vacant structures or vacant lots formerly utilized as of January first, nineteen hundred and forty-four or sooner for, intensive industrial, commercial, institutional, or residential activities or combinations of such activities, including, but not limited to the following: manufacturing, fabricating, wholesaling,warehousing, or other commercial or industrial activities; retail trade and service activities; medical and educational institutions; residential dwelling structures at a density of three or more per two acres; and mixed or combined patterns of the above. Designation of a densely developed area is subject to the secretary of the executive office of environmental affair's approval of a city or town's request for such designation. Land which is zoned for intensive use but is not being utilized for such use as of January first, nineteen hundred and ninety-seven or which has been subdivided no later than May first, nineteen hundred and ninety-six shall not be considered a densely developed area for the purposes of this chapter. The term ""Mean annual high-water line", as used in this section, shall mean with respect to a river, the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and which distinguishes between predominantly aquatic and predominantly terrestrial land. The mean high tide line shall serve as the mean annual high water line for tidal rivers. The term ""River", as used in this section, shall mean a natural flowing body of water that empties to any ocean, lake, or other river and which flows throughout the year. The term ""Riverfront area", as used in this section, shall mean that area of land situated between a river's mean annual high-water line and a parallel line located two hundred feet away, measured outward horizontally from the river's mean annual high-water line. This definition shall not create a buffer zone, so-called, beyond such riverfront area. Riverfront areas within municipalities with (i) a population of ninety thousand or more persons or(ii) a population density greater than nine thousand persons per http://www.state.ma.us/legis/laws/mgl/l31-40.htm 2/13/2002 law. y person N*ho violates the proytstons fo ails sectioon ma be ordered to restoreTroperty to>t5; rivioriginal condition and take other"actions deem d necessary to rem edy_such:vrolaUon§:o: ' No person shall remove, fill, dredge or alter any area subject to protection under this section without the required authorization, or cause,suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued pursuant to this section. Each day such violation continues shall constitute a separate offense except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original condition after giving written notification of said violation to the conservation commission and the department shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement order or order of conditions. W'hoever violates any provision of this section, (a) shall be punished by a fine of not more than twenty- five thousand dollars or by imprisonment for not more than two years, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation. Return to: '* Neil Section ** Precious Section ** Chapter Table of Contents ** Legisiative Home 1'a�r 753,500 E 754 E Preper'ed a+der the direction of the Salem Board of Assessors and the Cit E control by U.S.C. D G. 5., Mess. Geodetic SurEngland Y nq�neer rAete ronrneh n1' end Mev Englond SUrwy , mice, Inc. t Y by Folr d Aer iel Serrere F,i PN010� h Mr. En9lond s�rr"y Service, Inc., April,1964 ►�+r Linee b Mew E Service Inc. I�SHADED SWAMP WATER. '' , AT - SURFALE "3 OPEN WETI_ WATER AT SURFACE D _ i SHADED SWAMP, DRY AT SURFACE ' 3® MEMO—W W ETLAND, DRY AT SURFACE''' 2 SHRUB B 0 G — http://W-Nw%v.state.ma.us/legis/latvs/Mgl/l 31-40.htm 2/13/2002 66DO1-000 6500 0,s W°° . y6 . 9 4• GQ6�N\ P e� 99 �o O \\6 �° ✓ 559 y 5 r A 93 r00000 �� by35 6419 f \ J 1 / 495965 � �4 �P� \ P{ \56 1 6 48 �bn e A 990 ( 6Ao • 0 J »\' 7 \ 016 ••+/,� �bEWER E'y 9 jAl / 20 2 2 S•4 o , w i i i dry\ /;• ,Is 0 USE REGULATIONS SALEM ZONING ORDINANCE Art. V. § 5-2 ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed or offered for sale from the roadside. Sec. 5-1. Generally. (3) Nursery,elementary and secondary schools, (a) Uses of land, buildings and structures shall public parks and playgrounds, and public be regulated according to the schedule of uses set libraries. out in this article for each type of district. "Per- (4) Churches and similar places of worship. mitted uses" are those which shall be permitted in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries. are those which may be permitted in the district (6) Institutions of higher education. at the discretion of the board of appeals upon its determination that specific conditions are satis- (7) Public and private golf courses. tied. As explained in section 5-3(h)(3), "prohibited (g) Private garages and other accessory uses uses" are those which shall be specifically prohib- and buildings, provided that such uses are ited in the City of Salem at any time. clearly incidental to the principal use. All (b) The interpretation of the language of this the buildings on the lot shall not occupy a ordinance with respect to permitted and special greater percentage of the lot area than permit uses shall be in accordance with the intent listed in Table I following Article VI herein. stated in section 3.1 for each type of district. (b) R-2 Districts. The following are permitted uses in the two-family residential districts: (c) The term "use of land" shall include the in- terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts, that the Iand,cannoCI;e used for the storage or except agricultural, horticultural and flori- overmght parking of motor vehicles,_including cultural operations. r -� itrucks, tractors, trailersxcept as exempted by (2) Two-family dwellings,detached or attached, sect ion'7:l_unless the "permitted use" for build- ings in the district allows such parking for the (3) Rooming and boarding of not more than two storage of commercial motor vehicles. (2) persons. (4) Historic buildings open to the public. Sec. 5.2. Permitted uses. (5) Museums. (a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses mitted uses in the residential-conservation and and buildings, provided that such uses are one-family residential districts: clearly incidental to the principal use. (1) [Detached single-family dwellings. (7) Buildings and facilities for elderly housing (2) Customary agricultural, horticultural and projects built under the jurisdiction of the floricultural operations, provided that: Salem Housing Authority and financially aided by either the U.S.Public Housing Ad- a. All the buildings combined shall not ministration and/or the Commonwealth of occupy a greater percentage of the lot Massachusetts Department of Commerce- area than listed in Table I following Division of Public Housing. Article herein. (c) R-3 Districts. The following are permitted producing substance and no building b. storage manure odor- or dust- uses in the multifamily residential districts: pr in which farm animals are kept shall (1) All uses permitted in R-2 Districts. be permitted within one hundred (100) f (2) Multifamily dwellings. feet of any property line. c. No greenhouse heating plant shall be (3) Private garages and other accessory uses operated within fifty (50) feet of the and buildings, provided that such uses are property line. clearly incidental to the principal use. 11 Card 1 of I LocationA 14 MARLBOROUGH ROAD I Parcel ID 08-0099- Current Property Mailing Address Owner N/A City State Address ZiP Zoninl, R1 Current Property Sales Information Sale Date 1/1/1900 Legal Reference 6683-775 Sale Price 0 Grantor Seller Two Year Prior Assessment History Fiscal Year 2000 Fiscal Year 2001 Property Use 390 Property Use 031 Total Value 76.000 Total Value 132,700 Current Property Assessment Fiscal Year 2002 Building Value 11,300 Land Area 1.397 acres Land Value 133,500 Total Value 144,800 Narrative Description his property contains 1.397 acres of land mainly classified as NIA with a(n) N/A style building, built bout, having NIA exterior and NIA roof cover,with 0 unit(s), 0 total room(s), 0 total bedroom(s), 0 total baths , 0 total half bath (s). Legal Description Click Property Images to Enlarge No Sketch 10 Pl ure,; Available �Ni va 7�� http://www.patriotprop6rties.com/salem/summary-bottom.asp 1/15/2002 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAuiRa"N Metropolitan Boston-Northeast Reg rgpa4Office ,j c: 541 ARGEO PAUL CELLUCCI �;`\L�P•i i Govemor n,-r— BOB DURAND are„vQ r_i �. Secretary JANE SWIFT Lauren Liss Lieutenant Governor Commissioner Date: 28 February 2001 Salem Conservation Commission Re: Salem-Wetlands Salem City Hall Possible Violation of the 1 Salem Green Wetlands Protection Act, Salem, MA 01970 MGL Ch. 131, s. 40 Dear Commissioners: On February 28, 2000 this office received information concerning a possible violation of the Wetlands Protection Act at the following location: Behind Tri-City Sales; 272 Highland Department records indicate that: (X) Work may be proceeding in a Resource Area and/or Buffer Zone without a Notice of Intent and/or Order of Conditions on file with DEP. ( ) Work is possibly in violation of an Order of Conditions, DEP File No._ issued on by_Conservation Commission. The work reported to be taking place is described as follows: Dumping of old refrigerators in Wetland The Department requests your assistance in this matter. Please advise the Department of your finding and intentions in pursuing this possible violation. The Wetlands Protection Act grants the responsibility to local Conservation Commissions to administer the Act and the Regulations, 310 CMR 10.00 promulgated thereunder, to protect the "interests” identified in the Act. If work is approved under RFD please submit copy of filing and Determination to the Department If you have any questions,please contact Michael Abell at(978) 661-7811.. Sincerely, cc: DEP Div Solid Waste f i This information is available in alternate format by calling our ADA Coordinator at(617)574.6872. 205A Lowell St. Wilmington,MA 01887•Phone (978)661-7600 a Fax (978)661-7615•TDD#(978)661-7679 �J Printed on Recycled Paper TRI=CITY SALES.. 272 HIGHLAND AVENUE SALEM,MASSACHUSETTS • (979)741.9100 July 15, 1999 Mr. Jay Reddy 18 Marlborough Rd. Salem,MA. 01970 RE: Lease at 18 Marlborough Road Dear Mr. Reddy: I am the attorney for Tri-City Sales and this letter is to inform you that if you do not immediately stop using the property at 18 Marlborough Road as a place of business we will have no option but to start eviction proceedings. W. Reddy, as you know the]eased property is a single family home in a residential district. Therefore,the running of a flooring business out of this property is in violation of the Salem Zoning Ordinance, section R-2. Thank you for your anticipated cooperation with regard to this matter. If you have any questions please contact me at 781-639-0259. Sine eerre-llyy, Patti Kulevich S