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276 HIGHLAND AVENUE - BUILDING JACKET� o�� eke� Certificate No: 930-08 Building Permit No.: 930-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at -----------------------BUSINESS ------------------------- Dwelling Type 276 HIGHLAND AVENUE in the CITY OF SALEM ------------------------------------------------------------------------- --------------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY SUPER CUTS This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ........................... -____ unless sooner suspended or revoked. Expiration Date ------------------ Issued On: Tue Aug 5,2008 --- --------------- GeoTMS®2008 Des Landers Municipal Solutions,Inc. ------------------------------------------------------------------------------- 276 HIGHLAND AVENUE 930-08 GIS# ao Map COMMONWEALTH OF MASSACHUSETTS 08 Block. - Y; „ ; . CITY OF SALEM Lot:: -",0034 i Category:_ ^ Tennant Fit Up Permit#,, . 930-08 BUILDING PERMIT Project# 4p,,;JS-2008-001491 §a Est. Cost: $35,000.00 k` Fee Charged: : $390.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: - Contractor License: Expires Use Group: : Malcolm Smith Lot Size(sq.ft.): 26054.1072, Zoning: 4 B2 ' -, ,;—, Owner., 276 Highland Avenue LLC Units Gained: Applicant: Malcolm Smith Units Lost: � 'i wm ]AT: 276 HIGHLAND AVENUE Dig Safe#:!,, ISSUED ON. 17-Apr-2008 AMENDED ON. EXPIRES ON. 17-Sep-2008 TO PERFORM THE FOLLOWING WORK: , INTERIOR STORE FIT UP FOR SUPERCUTS jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: J(� Underground: Excavation: s Service: Met I �/I �j `. D� Footings: �\ Rough: &/�/oO O�B//. Rough: l ''I Rug p ��I %/V/1 Foundation: Final: ✓ inal: ` 111 Fin I Rough Frame: ' �—a0 Fireplace/Chimney: D.P.W. Fire Health � Insulatio • Meter: Oil: Final: �/� V •�Qa House# Smoke: �.�� T as ry: Water: Alarm: Assessor C` Sewer: Sprinklers: Final: t THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLA O ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: - Receipt No: Date Paid: Check No: -' Amount: CBUILDING� a..a REC-2008-001893- 17-Apr-08 . 2276 $390.00 An it;_pection is SEQUIM ' ` '' Call for 4 ermi -to Gmug GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. e 4 1 IIWNHd DNIC[Ilflg WHIVS do AID pv 3AOSA o � V j u. n Certificate No: 219-08 Building Permit No.: 219-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Peanuts This is to Certify that the BUSINESS located at --------------- ---------- -- Dwelling Type 0276 HIGHLAND AVENUE in the CITY OF SALEM ------------ ------------------------------------- ----------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT I (MATTRESS GIANT) This permit is granted in confomtity with the Statutes and ordinances relating thereto, and expires . ................ _-----------------------unless sooner suspended or revoked. Expiration Date -A -___.---------------__--__-___---- Issued On: Thu Dec 20,2007 GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ------------- ------- -------- - --- ----------------- ` M A ' 4 • � owrt�s`� � � *CIV ► E j 0276 IfiC.0A_:Ai • ,r;VENUE GIS #: 4!— - COMMONWEALTH OF MASSACHUSETTS IMap: 08 jBlock: I CITY OF SALEM Lot: 0034 (Category: REPAIWREPLACE ipermit# 219-08BUILDING PERMIT !Project# 1S-2008-000461 (Est. Cost: $152,000.00 'Fee Charged: $1,677.00 Balance Due: $.00 PERMISSION IS HE, GRANTED TO: Const.Class: Contractor: License: Expires jUse Group: Vision Builders Company Trust,Anthony Lot Size(sq. ft.): 26054 Zoning: B2 Owner: CENTERCORP RETAIL PROP. (Units Gained: �flppllCRnt: Vision Builders Company Trust, Anthony Gagliardi !Units Lost: AT: 0276 HIGHLAND AVENUE Dig Sate#: _ ISSUED ON: 21-Aug-2007 AMENDED ON: EXPIRES ON: 21-Dec-2007 TO PERFORM//T//HE FOLLOWING WORK: RETAIL.STORES Wt I'-/S- f Un i r L POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Und /round: Underground: Excavation: scrvicc: cr: Footings: �� /- Roug n: Roug10 1 `�I Rough:Y 1 l I y �7Q.y Founds : Final: F'n Final: Rough Frame: Final -s7 u // dlt✓[ Gh� Fireplace I: ney: D.P.W. Fire Health Insulatio Bleier. oil: ^ 1�, Final: Hnuse q Water: i/ Tr ry: Sewer: spd"d0.ts.. THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIO TIO QF ITS RULES AND REGULATIONS. h Signature: _._..Fee T e: . Receipt No: Dole Paid: Check No: Amount: — --j ' ' 21-Aub07 1838 S1.677,00 UQdh 6ontptetion of workR i Yd5.9595EA. 386 Call for Pot Hit to Cce Geti IBIS®2007 Des Lauriers Municipal Solutions,Inc. CI1 " JF '/,1.L 1`1, Vi o CC-_R!i'S OFFICE RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL 7Up(':'1,)p7�[S V J OCT - A [I: O q MARY PIEMONTE HARRINGTON GEORGE W.ATKINS, III PAIGE K HINTLIAN TEL(978)744-0350 FAX(978)744-7493 FILE N0. OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER October 7, 2005 City Clerk's Office City Hall 93 Washington Street Salem, MA 01970 RE: 276 Highland Avenue, Salem, MA 01970 Dear Sir/Madam: Enclosed for filing please find a Notice of Appeal of a Decision of the Salem Zoning Board of Appeal on the above-referenced property and a copy of an Amended Complaint filed in the Land Court Department, being Civil Action No. 05-MISC-314201. Thank you. truly yours, aigr K. Hintlian Enclosures Receipt Acknowledged Dated: I-L-M, MA Cl.�_RK'S 0 F F I C E NOTICE OF APPEAL OF A DECISION OF THE ZONING BOARD OF APPEAL FOR THE CITY OF SALEM BY WAY FOR A COMPLAINT FILED IN THE LANII'05)Uk"F-I A 11: 0 q The Plaintiff named in the attached Amended Complaint hereby gives notice of its Appeal of the Decision of the Zoning Board of Appeal of the City of Salem entitled "Decision On The Petition of 276 Highland Avenue LLC Requesting a Special Permit/Variance For The Property Located At 276 Highland Avenue B-2" dated September 7, 2005 and filed with the Salem City Clerk September 22, 2005. Plaintiff, 276 Highland Avenue, LLC, -By-thcirattorneys deoe W. Atkins, III BBO# 023350 Dated: �� Q Paige K. Hintlian BBO# 643712 Ronan, Segal &Harrington 59 Federal Street Salem, MA 01970 978-744-0350 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. DEPARTMENT OF THE LAND COURT CIVIL ACTION NO. 05-MISC-314201 276 Highland Avenue, LLC, Plaintiff r V. Edward Moriarty, Bonnie Belair, Richard Dionne, = Steven Pinto and Robin Stein, as they are members of the Zoning Board of Appeal of the City of Salem Defendants AMENDED COMPLAINT 1. This is an appeal from a decision by the Zoning Board of Appeal of the City of Salem, Massachusetts,-(hereinafter the "Board") wherein the Board exceeded its authority, through its agent the Salem Zoning Enforcement Officer, by requiring; Plaintiff to petition the Board for a Special Permit to construct a two lane drive- thru teller and ATM facility. Plaintiff proposes to tear down an 8,500 square foot structure and construct a new 3,500 square foot structure on a 26,174 +/- square foot lot (hereinafter the "Lot") at,276 Highland Avenue, Salem, in a Highway Business Zoning District, where a bank is a permitted use. The Board further exceeded its authority and was arbitrary and capricious in its denial of Plaintiff's petition for a Special Permit to allow a drive-thru teller and ATM facility as part of the bank structure. Plaintiff also requested a variance from the dimensional regulations of Table I1 for the existing nonconforming minimum lot width on Highland Avenue and for a three foot (3') building overhang into the side yard at the southeast corner of the proposed structure. The Board exceeded its authority and was arbitrary and capricious in failing to find that the Plaintiff met the requirements of M.G.L. 40A, §10, allowing for grant of the requested variances. PARTIES 2. The Plaintiff, 276 Highland Avenue, LLC, is a Massachusetts limited liability corporation with a principal place of business at 600 Loring Avenue, Salem, Massachusetts, and as applicant/petitioner and nominee of the Purchase and Sale Agreement Buyer of the Lot, is a party aggrieved. 3. The Defendant, Edward Moriarty, is a member of the Board and resides at 29 Winter Island Road, Salem, MA. 4. The Defendant, Bonnie Belair, is a member of the Board and resides at I I 3 Federal Street, Salem, MA. 5. The Defendant, Richard Dionne, is a member of the Board and resides at 23 Gardner Street, Salem, MA. 6. The Defendant, Steven Pinto, is a member of the Board and resides at 55 Columbus Avenue, Salem, MA. 7. The Defendant, Robin Stein, is a member of the Board and resides at 141 Fort Avenue, Salem, MA. JURISDICTION 8. This Court has jurisdiction to hear this matter pursuant to Massachusetts General Law Chapter 40A, Section 17. FACTS 9. As a result of the City of Salem Zoning Enforcement Officer's refusal to issue a permit for a drive-thru teller and ATM facility and the proposed structure, Plaintiff was required to petition the Board for relief, a copy of said petition being attached herewith as Exhibit 1, filed with the Board on or about July 25, 2005. 10. In said application, as a result of the Zoning Enforcement Officer's decision, Plaintiff sought a Special Permit for a drive thru teller and ATM facility. 11. In addition in said application, Plaintiff sought variances for a three foot (3') building overhang into the side yard set back at the southeast corner of the proposed structure and for relief from the existing nonconforming minimum lot width. 12. After a public hearing,,the Board denied the application for a Special Permit and variances by written decision dated September 7, 2005, and filed with the Salem City Clerk on September 22, 2005. A certified copy of said decision is attached herewith as Exhibit 2. 13. The existing use of the Lot is currently a vacant building with an 8,500 square foot footprint and approximately 15,000 square feet of floor area, located in a Highway Business zoning district. 14. The prior use of the vacant building on the Lot was for commercial purposes, most recently a Salvation Army retail store and prior to that as a liquor store. 15. The Lot is a comprised of 26,174 +/- square feet in a triangular shape with an accepted public street abutting three (3) sides of the property boundaries. 16. Plaintiff proposes to construct a new 3,500 square foot one story structure on the Lot for use as a bank which is a permitted use in the applicable zoning district. Plaintiff's proposed structure included an attached drive-thru teller and ATM facility. COUNT 17. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs 1 through 17 above. 18. The Zoning Ordinance does not require that a Special Permit be obtained for the bank accessory use of a drive-thru teller and ATM facility. 19. The Board exceeded its authority and was arbitrary and capricious in requiring the Plaintiff to seek a Special Permit to install a drive-thru teller and ATM facility. 20. Use of property for a bank is a permitted use in the zoning district and the Zoning Ordinance contains no regulations by prohibition or by requirement of a Special Permit for a drive-thru teller and ATM facility. WHEREFORE, the Plaintiff herein prays that the decision of the Board be annulled, and the Court find the Board's approval is not required for a permitted use with a drive-thru teller and ATM facility. COUNT II 21. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs 1 through 21 above. r 22. If this Court shall determine that it was within the authority of the Zoning Enforcement Officer and the Board to require a Special Permit for a drive-thru teller and ATM facility, the Plaintiff submitted sufficient evidence to the Board to meet the requirements of 40A § 9 and the Salem Zoning Ordinance for a Special Permit. 23. The plans submitted to the Board show entry and exit from the bank exclusively from Marlborough Road, Salem, MA. 24. Plaintiff submitted evidence from a traffic consultant that the proposed use will result in a decrease in traffic from prior uses or other permitted uses. 25. No objections were presented by abutters to the Lot and one abutter spoke in favor of the proposed use. 26. After a public hearing,'the Board denied the application for variances by written decision dated September 7, 2005, and filed with the Salem City Clerk on September 22, 2005. A certified copy of said decision is attached herewith as Exhibit 2. 27. The Board exceeded its authority and was arbitrary and capricious in denying the Plaintiffs petition for a Special Permit for use of the Lot as a bank with an attached drive-thru teller and ATM facility. WHEREFORE, the Plaintiff herein prays that if this Honorable Court finds that a Special Permit is required, the decision of the Board be annulled and the Special Permit be granted. COUNT III 28. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs I through 28 above. 29. Plaintiff requested a variance from the dimensional regulations of Table II for the existing nonconforming minimum lot width on Highland Avenue. 30. The road frontage of the Lot is approximately 85 feet, less than the 100 feet required by Table II of the Zoning Ordinance for a B-2 district. 31. The Lot currently has a structure with an 8,500 square foot footprint. 32. Plaintiff proposes to build a structure with a 3,500 square foot footprint on the Lot. 33. Owning to circumstances relating to the unique shape of such land, not affecting generally the zoning district in which it is located, literal enforcement of the provisions of the ordinance would involve substantial hardship, financial or otherwise, to the Plaintiff. 34. Relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. 35. As Plaintiff has met the requirements of M.G.L. 40A, §10, a variance is permitted in accordance with the terms of said statute and the Salem Zoning Ordinance. WHEREFORE, the Plaintiff herein prays that the decision of the Board be annulled, and the variance be granted. COUNTIV 36. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs 1 through 36 above. 37. The plans submitted by Plaintiff shows a building overhang which encroaches three feet (Y) into the side yard setback area. 38. Plaintiff requested a variance for a three foot (3') encroachment of the building overhang into the side yard setback area required under the Ordinance. 39. The Lot currently has a structure with an 8,500 square foot footprint. 40. Plaintiff proposes to build a structure with a 3,500 square foot footprint on the Lot. 41. Owning to circumstances relating to the unique shape of such land, not affecting generally the zoning district in which it is located, literal enforcement of the provisions of the ordinance would involve substantial hardship, financial or otherwise, to the Plaintiff. 42. Relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. 43. As Plaintiff has met the requirements of M.G.L. 40A, §10, a variance is permitted in accordance with the terms of said statute and the Salem Zoning Ordinance. WHEREFORE, the Plaintiff herein prays that the decision of the Board be annulled, and the variance be granted. Respectfully submitted Plaintiff B or eys, C;C!orRq W. Atkins, III BB09023350 Paige K. Hintlian BBO# 643712 Ronan, Segal & Harrington 59 Federal Street Dated: �� /Q Salem, MA 01970 978-744-0350 EXHIBIT 1 Cfl ur SALEM• A CITY OF SALEM, MASSACHUSETTS . CLERK'S OFFI v� ..CrONDIT,��, 5� e BOARD OF APPEAL 1005 JUL 25 A 3. 3 TO THE BOARD OF APPEAL: The Undersigned represent that they are the owner(s) of a certain parcel of land located at: 276 Highland Avenue Street; Zoning District B-2 and said parcel is affected by Section(s) 9-3(f) and Table II of the xeAgx86Y4t�0t3F4HiMIFli1(2��(33 . 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. Not Applicable- Direct Appeal The Application for Permit was denied by the Inspector of Buildings for the following reason(s): Not Applicable- Direct Appeal The Undersigned hereby petitions the Board of Appeal 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 derogating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Addendum attached hereto (PLEASE PRINT) 276 Highland Avenue LLC, Andrew Rose, Manager nomidnETtof Cenfierjorp Retail Properties, Inc. Owner: _Tha Salvation Army Petitioner: an 440 West Nyack Road c/o George kins III, Esq. Address: Address: Salem, MA 01970 Tel.No. West Nyack, NY Tel. Z2ature) 744-0 5 By: Date: June 10, 2005 This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of PETITION TO BOARD OF APPEAL I I I Location: 276 Highland Avenue 76 Highland Avenue LLC (fAndrew Petitioner: geesNrr�corpg etas roperEies, Inc. and Citizens Bank c/o George W. Atkins III, . Esq. Address: 59 Federal Street, Salem, MA 01970 Date Filed: ._ June 10, 2005 r ADDENDUM Petitioner proposes to demolish the existing structure on the site and construct a smaller building of 3,500 square feet for an allowed use as a branch bank. In connection with the allowed use, petitioner requests a Special Permit for a two lane drive-thru teller and ATM facility on the Westerly side of the site. Due to the unusual shape and location of the site bounded by three public ways, petitioner also requests variances from Table II dimensional regulations for the existing nonconforming minimum lot width on Highland Avenue and for a minimal three foot (3') building overhang into the side yard at the Southeast corner of the proposed structure. In accordance with the parking requirements of the Ordinance, seventeen (17) parking spaces arc provided on the site. N �--a CITY OF SALEM9 MASSACHIQ51t"OT _ ,t LEP1• MA OFFICE BOARD OF APPEAL CLERt� �Ta 120 WASHINGTON STREET, 3RD FLOOR VNE� SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 SEP P 2' 1 ?1. MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A SPECIAL PERMIT/VARIANCE 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 PERMIT/VARIANCE 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 ovbrhang 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 pubiic 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. IAI1 Variance & Special Permit Denied 1?�, L' C • . September 7, 2005 Robin Stein, Member 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. c ir Ell�� t � IT v�"M SALEM, MASS. T. Citp of *alemp fRa!ggaCbUgEtt!5 3public Propertp Mepartment m �3uilbing Mepartment (One fi)aletn Oreen (978) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer ARNDPy October 26, 1999 Washburn, Nelson Associates 129 Bank Street Attleboro, Ma. 02703 RE: Salvation Army Project To Whom it May Concern: This office received a faxed letter from your office dated August 31, 1999. Your letter states that the Salvation Army will be occupying the lower level of 274-276 Highland Avenue. The lower level is currently being used for ancillary uses. We disagree with some of your code review items in particular the accessibility issue. All of this review is mute, however because the first event that has to happen is a site plan review, Special Permit per the Salem Planning Board . This has been discussed many times with the Salvation Army Group. Please take this matter under advisement. Sincerely, Thomas St. Pierre Local Building Inspector Citp of *alem, ;ffla'5gaCbU5Ctt! l � Vublit i9ropertp Department A3uilbing Department One 6alem green (978)745-9595 (ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 23 , 1998 Acme Sign Brian Brinkers 276 Highland Avenue Salem, Mass . 01970 RE: 276 Highland Avenue Dear Mr . Brinkers : This is to inform you that your application to change the time of 10:00 p.m. to shut off the signs is denied. You agreed to this conditionfand due to complaints to Fin department, it is my obligation to enforce this ition. Thank you in advance for your anticipated cooperation his matter. Si r ly YI I� Pe er Strou Zoning Enforcement Officer November 25, 1998 Mr. Peter Strout Salem Building Inspector One Salem Green Salem, MA 01970 Dear Mr. Strout; I have attached a copy of your denial to my latest request concerning the lighting of our identification signage. The letter fails to make reference to which section of the City of Salem Zoning Bylaws thedenial`is based;upon. May I ask that you send me another denial that contains this information. Thank you; ! d Brian Brinkeis, President + �" n a NEW ARM CODE 878 276 HIGHLAND AVE., RTE. 107 • SALEM, MA 01970 508-740-9400 FAX 740-9422 Citp of Salem, �Kaggarb gettg Public Property Mepartment jguilbing Mepartment One Salem green (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 23 , 1998 Acme Sign Brian Brinkers 276 Highland Avenue Salem, Mass . 01970 RE: 276 Highland Avenue Dear Mr . Brinkers : This is to inform you that your application to change the time of 10 : 00 p .m. to shut off the signs is denied. You agreed to this condition and due to complaints to this department , it is my obligation to enforce this condition. Thank you in advance for your anticipated cooperation in this matter . Si r ly G Pe er Strou Zoning Enforcement Officer r � $IG a * .� F ` .� �? I I �� ,�,�� ,: _ .,_�J � �� ' ? 30111_6 3 _ POLAROIU^33 h-.= - _ _ 60 3 q 3 . f.. APPLICATION FOR PERMIT TO ERECT A SIGN U/ "I �..0 Salem, Massachusetts �0 19 PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK a TO THE BUILDING INSPECTOR: The undersigned hereby applies for a permit to Erect, Alter, ✓ Repair a sign on the following described ` building. u f � f , Location �� f�i�4� "a nvr Zoning/District Name of Property Owner J0hny/ //( GID Name of Sign Owner fAc*c �5h CGPI- Address u /b r4 'wwG' If Owner is a corporation, name of responsible Officer VAA 1 Name of Licensed Sign Erector if rwA ryLUlU`� Address �-� i IAV 1 DI IWY� License No. f 32q Use of Building: 1st Floor 3rd Floor 2nd Floor 4th Floor Type of Sign: Surface Right Angles to Building pp✓I� Free Standing Other ( ) Height: I7� Sign Materials : UA `/ /*d ( T" Sign Dimensions : 5- k ? Sign Area mac SF Existing Signs : Surface: Sign Area SF Right Angles : Sign Area SF Free-Standing:— Sign Area SF Other: Sign Area SF Signs to be removed: Type � { 7 Sign Area 3S SF Frontage : Building db� FT44AAz4f erty FT Signature of Owner AikA Name & Address of Address Telephone Estimated Cost of New Work: APPR A S : C� 7-/ � �� APPLICATION TO ERECT, ALTER, OR REPAIR PLAN OF LOT A SIGN IN THE CITY OF SALEM -------------------------------------- Show Location of Present Structure a� snd Signs BUILDING LOCATION: BUILDING USE: ------------------------------------- -------------------------------------- CONDITIONS vW ------------------------------------ ------------------------------------ J PERMIT GRANTED 19� � f A M-J c RIP a R /;� TIaN r„ custom sign Advertising l7 i I JOB SITE COPY 'y CITY OF SALEM BUILDING SALEM, MASSACHUSETTS 01970 PERMIT DATE APRIL 1E 19 98 PERMIT NO 197-1998 APPLICANT RONALD BLAUCHETTE ADDRESS49 R TNO. STREET KGG (N0.) (STREET) (CONTR'S LICENSE) CITY DANVERS STATE MAZIPCODE TEL.NO, 978-774-5354 REPAIR REPLACEME�I 9 STORES MERCANTILE NUMBEROF 1 PERMIT TO "( ) STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) 027E HIGHLAND AVENUE ZONING E{,_ AT(LOCATION) DISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION MAP 08LOT 093Z1 LSIZE OT 002G054 SO FT BUILDING ISTOBE FT.WIDE BY FT.LONGBV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: REPLACE GARAGE DOORS. K. G.. G. AREA OR 3 VOLUME ESTIMATED COST 4, 545 FEEMIT$ cav 00 (CUBIC/SQUARE FEET) OWNER SALVATION ARMY 440 ANYACK ROAD BUILDING DEPT. A.ADDRESS BV K.G.G. THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HASBEEN MADE. WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 IMP TA T: An inspection is BEQUIRED upon completion of Work,'please call 745-9595 Ext. 385 24l.2�.F�' 2 2 6 << �'J ate. BOARD OF KTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS 1 1 OTHER CITY ENGINEER 12 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS AP PROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION. FOAM A!A • SUMMON! WITN OPPICERS RETURN N099S S WARREN. INC PU9416148F =r bUCES TECUM REVISEO DEC. 1911 90970N. MA!!. c�l�r td11mftWtWetdt#1 of ti �ttti�u�p#ts a , . ,. . •,ids i, , £P... .................I................tta I ............ ......Y.L(.ICp" S............ ..... It{i YV .0 r Ya 1,1• Iia greeting _ tent Vda ate htttbg comma ata III the name of The Commonwealth of Massachusetts, to appear beforethe.............�!.5... 1.G. ..a............ . .....Cotttt..............................................................� . ...a1 , I win and or the count o .55.._.. 1C................ . . Ra4, ...i holden at........S.�9:1P- ... .. f y f.. ----- ,:. on the.......::...:.:...::r.:w rh.:,.r'..:{:::,....:..:........:...dey of.......... o.V..e! ..�ltt.2.........:,1:R.4.Gi.�.oe , 11 ;;,.I? o'clock in the,.&ir ......noon, and from day to day thereafter, until tht:.detioN hereinafter manned is heard by said Court, to give evidence of what you know relating to an action v/G1 ...--.....,then and there to be heard and tried between... (�.�►V....�i::a.:.......: �..�gp,44 CW�}x.0 C 1 o L.......: ......:..............Plainti$ , and ...CLImp..... 1..� IS'.11A!`�....�.mv..>/~�P12 .?n..n.........Defendant.,-it and you are further required to bring witb.you.........a.. .. ®cn YX .:;:..�C�C .-. t+��•••a . . . . .. ... . . . ... .. .. ..........Aa...r..... ...... Le....... ..............................................................................:............................................................. ......................................................................................{................................................---................ Wtrtuf fail not, as you will answer your default under the pains and penaltiet in th,#j law hi that behalf made and provided. : r L.yttl.r�.............................tbr. ......Lt....":......:..... .:...day of....N..v, M ,tn t A. 1j, 19 . ... . . ..... ... Notary Public—Justice o the Peace F� Ma. o lC� 0 4 �� EI�pE11, _ �ttSB carhUg P##5 . Public: i1ropertq Department Nuilhinn i3epartment (One #nlem (6rrrn 500-745-9595 Ext. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 14 , 1996 Brian Brinkers Acme Sign 276 Highland Avenue Salem, Mass . 01970 RE: Illegal Sign Dear Mr . Brinkers : This office has been notified that you have installed a sign on the facade of the building that faces Orleans Avenue . Unfortunately, the sign permit that was issued on March 16 , 1994 is not valid per City of Salem Sign Ordinance 3-27 which reads as follows : 3-27 Nullification . A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months from the date of the permit , provided , however , that the Building Inspector may, in his discretion , issue extensions covering a period not to exceed one year from the date of issued of the original permit . 3-29 Removal of Signs : The Building Inspector shall order the removal of any sign erected or maintained in violation of this ordinance . Ninety days notice in writing shall be given to the owner of such sign, or of the building, structure , or premises on which such sign is located, to remove the sign or to bring it into compliance with this ordinance . Mr. Brinkers , please consider this notice to remove or to bring said sign into compliance . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of B ldings LET: scm cc : Planning Department Robert LeDoux Councillor O ' Leary, Ward 4 IN5PfXTDJR Pf;IDR TD A.PERMIT B.FJNG GRANTED CITY OF SALEM 57L °�' �" 4 c"t ..L /\� D No. ate 5 v Ward IN¢�� "Ib. Zoning District !s Property Lecatect in Location of the Historic District? Yes_No Building 3�� l{� Is Property Located in / the Conservation Area? Yes No V BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, CAr14ztr8ct Deck, Shed, Pool, Repair/Replace, Other: « PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's Name Aow 64✓I I, Address & Phone �Ib Ht4(,1� Avc/ 2 K) 7q0 ik0 Architect's Name l")!ghye/ 6mw I1Ael'ol, Address & Phone 6"4- ( ) Mechanics Name &W/ Address & Phone What is the purpose of building? fail{ Material of building? ,/ If a dwelling, for how many families? Will building conform to law? ( Asbestos? /(14, q r Estimated cost 3 City License # 1324 Stat License x x Home Improvement Lic. # Signature of Applicant SIGNED UNDER THE PENALTY OF PERJURY DESCRIPTION OF WORK TO BE DONE MAIL PERMIT TO: 76, l�'/" ly VIl3 �Grku'f i APPLICATION FOR ` 'PERMIT TO v LOCATION PERMIT GRANTED 101, 194 ,9 �! ^ 'APPROVED :F r INSPECTOR OF BUIL .I d � c�o3y, 3 � � APPLICATION FOR PERMIT TO ERECT A SIGN Salem, Massachusetts 19 19 i PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK a APPLICATION MUST BE SUBMITTED TO THE BUILDING INSPECTOR WITH STAMPED APPROVAL FROM THE SALEM REDEVELOPMENT AUTHORITY. TO THE BUILDING INSPECTOR: The undersigned hereby applies for a permit to Eiect, Alter, Repair a sign on the following described building. q Location L�(g KI,�lUAM� (�61C/ / Zoning/District Name of Property Owner C(L Name of Sign Owner /� rr Address If Owner is a corporation, name of responsible Officer 1 _�LYJYUI( 47 Name of Licensed Sign Erector &X1 &V){VA11? Address Z-D iWAd Inv& Salem License No. G4� Use of Building: 1st Floor ✓ 3rd Floor 2nd Floor 4th Floor Type of Sign: f Surface Right Angles to Building Free Standing Other ( ) Height: Sign Materials : Sign Dimensions : 3a Sign Area/ SF Existing Signs : Surface: V� Sign Area 50 SF Right Angles : Sign Area SF Free-Standing:— Sign Area ____4_T_SF Other: Sign Area SF Signs to be removed: Type Sign Area SF i Frontage: Building d � � FT Property Sb- FT Signature of Owner Name & Address of Address Insurance Company: / Telephone j�� '((��. NCO 1A Ikk0!W , M MA 0!Q Estimated ost of New Work: PP 0 ALS : APPLICATION TO ERECT, ALTER, OR REPAIR PLAN OF LOT A SIGN IN THE CITY OF SALEM -------------------------------------- Show Location of Present Structure _ chi 1 snd Signsa BUILDING LO//C//ATION:� BUILDINGUSE: ------------------------------------- ------------- -------------------- r- CONDITIONS y'iRLp g ' PERMIT GRANTED _ � 19 �WL Wtl � h YY If xj� i� !', .,, ,. >. `.sr `; � _ '', ,ir'?.,, r 4.., y�,�y(Y� � y: C{ �. . i h.y., .. 3 ya- F, 6� cG .5y l ' 'PLICATION FOR PERMIT TO ERECT A SIGN s1° s ilem, Massachusetts 0 19 �� )BTAINED BEFORE BEGINNING WORK N y ies for a permit to Erect, a sign on the following described Zoning/District Name of Property Owner JA (4ID Name of Sign Owner Ac*c 21 6' Address alb K�InIGWC ��PJ If Owner is a corporation, name of responsible Officer l%�!/uti I�Vtiu+z Name of Licensed Sign Sign Erector �G(uN L r�u t_ Address � I�lf _% i D, /Aft ML License No. 132y Use of Building: 1st Floor 3rd Floor 2nd Floor 4th Floor Type of Sign: Surface Right Angles to Building ✓ Free Standing Other ( ) Height: Ji7/ Sign Materials : OMOiflW Sign Dimensions : 5. 7 Sign Area SF Existing Signs : Surface: Sign Area SF Right Angles : Sign Area SF Free-Standing:— Sign Area --;27—SF Other: Sign Area SF Signs to be removed: Type Frt6 1"�1�7 Sign Area 35 SF Frontage: Building 3bo FT ,PrDperty �FT Signature of Owner M Name & Address of Address Io I ( VV surance�ompany: ;i _ Telephone U�Y'( "�, `b Pf Estimated Cost of New Work: APPR9,VALS : /WwjIv �1 f1.J /� d i ., ' V 7-7 Lj ri M R A rdfM ADA : 9UMM6144 WITH DfrICt R9 pEtUNN moaf3§ A WA00tN, INC �1 OU44HEnJ!'H':,$ , - t3uct§ TEcUM NtvisrD 'DEC. 19iI d84fi6N. MA44. firs.- . lli' tQ , I yii 5 y ..........::.:.:.,. :a...tt. ,d ltt,h ......... ..1. K 4,pq.lL lYI.PI!�Z:...:.:........ .Q.IZ .. ��:..I P. .L22C4 �^, - #e` I z{ t q gg 7 ` ....:-......... .............. u. ..a, i ..................................... M i o ........................................... .......... ...................:.....:........:.:greeting!' z F Vott are litrthg rnmma"rb in the name of The Coumionweallh of Massachusetts, to appear ' y� before the...... 15 1. / C .. .� .. ............... bort ..... / F YI( holden at . /Qyl within and for the county o/ e.55{' iC ti �J b on the S siFitl . ?::.,.. , .:..:day q ...: : :..t?V..Qm............+2jYc. .at 9 ,........ ...o'clock in the,.�9c and from day to day tbereafter, until the,oetion Hereinafter named is heard by suid. Courl; to give,evidence of what you know relating to an action of,:.F ..... � :;.,.._.._..then and there to be heard and tried between.:. Ll: ?..... .. 1..... ed :/C !7 �lainti� and S1�rv...Caap r ...3R 1-1*.i ! .:.� )r+!- -- It:9p./� Dc endunt�, tr dnd you are further required to bring with,you__. r rQ 1 aLC�C A? t;C a')r ... :. ::.:: ------ ... ......... . ......... .......... ...........::::..............:.....................::: -:::t:...........------------ ..........I................................ .:.. ..........:..:::.:::..................................:::.::::::::,....................................:............ ........... 4trtiaf fat[itot, as you will answer you dejoult under the pains and penalties in the law ;I 'a r -in that behalf neade and provided , pa : butA tit L.y.tu.zt. ..:. .... . ... ... thea ..9 , .........-- A .:.day bf:...l Qt1� b,,rIL l 9�i1 oury.Public—justice.0 the Pcacc DMtx: o J C/o C/ ,. (� V`7_ 11-S-93 'RL 77o �� f� g Titu of *ttieut. Mali sac4usetts i Public jlrapertq Department Nuilaing Department (One 04altm (6reen 508-735-9395 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 14 , 1996 Brian Brinkers Acme Sign •-276::Highla'ndl,:�Avenue Salem, Mass . 01970 RE: Illegal Sign Dear Mr. Brinkers : This office has been notified that you have installed a sign on the facade of the building that faces Orleans Avenue . Unfortunately, the sign permit that was issued on March 16 , 1994 is not valid per City of Salem Sign Ordinance 3-27 which reads as follows : 3-27 Nullification . A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months from the date of the permit , provided, however , that the Building Inspector may, in his discretion, issue extensions covering a period not to exceed one year from the date of issued of the original permit . 3-29 Removal of Signs : The Building Inspector shall order the removal of any sign erected or maintained in violation of this ordinance. Ninety days notice in writing shall be given to the owner of such sign, or of the building, structure , or premises on which such sign is located, to remove the sign or to bring it into compliance with this ordinance . Mr. Brinkers , please consider this notice to remove or to bring said sign into compliance . Thank you in advance for your anticipated cooperation in this matter . Sincerely, e Leo E . Tremblay Inspector of B ldings LET: scm cc: Planning Department Robert LeDoux Councillor O' Leary, Ward 4 (nits of *al m, Massar4usjetts � << Public Propertq Department Guilbing Department (ane 6alcm %r rn 508-745-9595 fM. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 8, 1994 Robert LeDoux City Solicitor City of Salem RE: 276 Highland Avenue Dear Mr. LeDoux: Per your request, this department has measured signage at 276 Highland Avenue. Free standing sign at corner of Highland Avenue and Marlborough Road. 183.37 square feet of signage. Free standing sign at corner of Marlborough Road and Orleane St. 41 square feet of signage. Roof signage along perimeter of building. 372 square feet of signage. Allowable signage in windows. (30% of window space) . Liquor store exceeds 30% allowance. If I can be of any further help to you, please do not hesitate to call. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm " � e of i9ttlem, massar4usetts Publir Prnpertp Department A�M1� +Nuilbing Department (Ane $stem (5reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 12 , 1995 Mr . John Cappuccio 49 Orchard Street Salem, Mass . 01970 RE : 276 Highland Avenue Dear Mr. Cappuccio: I am in receipt of the letter sent to you by Hobbs Endeavour Corporation, concerning the structural condition at the above mentioned location . This office wants you to cease and desist all use of this building at once. This cease and desist will stay into effect until we are notified by a certified structural engineer that the building is safe for occupancy. All tenants will be notified of this order . Please comply with this order at once according to Article 122 . 2 , 780 CMR of the Massachusetts State Building Code . Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Chief Turner Fire Prevention Highland Sales Acme Sign Certified Mail # P 921 991 845 C�Iit of '*tt1EII1, ttssttrl�usPt#� Ilublic joropertp Department +iguilbing Department (One #stem (6reen 500-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 27 , 1995 Mr. John Cappuccio 49 Orchard Street Salem, Mass . 01970 RE: 276 Highland Avenue Dear Mr. Cappuccio: Thank you very much for your response to the letter dated on October 12 , 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, coo �.u Leo E . Tremblay ' Inspector of Building LET: scm cc: Chief Turner Fire Prevention Highland Sales Acme Sign HOBBS ENDEAVOUR CORPORATION Consulmnis in the Engineering Sciences 34 Rockland street,Swampscott,MA 01907 617.581.2454 10 October 1995 Mr. John Cappuccio Mill Hill Beverage 274 Highland Avenue Salem, MA 01970 re: Structural Conditions at Mill Hill Beverage/Highland Sales Building Dear Mr. Cappuccio: This letter records that we withdraw our services in connection with structural conditions at the building. We understand from the Building Department that you have not yet used the repair drawings we furnished to secure a repair building permit. Do not do so with our drawings. We are not responsible for the adequacy of the temporary shoring that Peter Strout placed about one month ago. Very truly, HOBBS ENDEAVOUR CORPORATION William Loring Hobbs President Flank D. DeFalco, P.E.,P.L.S.,Ph.D Principal cc: Leo Tremblay, Inspector of Buildings, City of Salem Louis J. Penakio,Jr.,Lynn, MA JAMES J.GARRITY,P.E. CONSULTANT 29 RAYMOND AVENUE SALEM,MASSACHUSETTS 01970 (5O0888))744-45335 Q aJ a4 ce --C-?� a ego .fie WC I I ZINt ip �' R �I . A `�c p1 A5�e ( p j nes ?� �� fC� � ��` � � � � ° � � �, 4 R k v ! 7a . � e*� �S, l�. s 4 � � � � � �� 3 � �� y �t � � � � � �� g � x � � � � � f as � j� c� E �a � � pp �h � � r � p �� 5� � � ff � � a � h �e � R� � �` o �� y � �� g � � � �, f, g� Z See Paul Murphy, Esq. The Commonwealth of Massachusetts Suffolk ..................................... ss. 0 Leo Trembley Building Inspector, 1 Salem Green, Salem, MA 01970 ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................ greetings, You are hereby commanded, in the name of The Commonwealth of Massachusetts, to appear Salem District Civil Clerk' s Office beforethe ....................................................................... Court.......................................................................... holden at........Salem........................... within and for the county of........Essex............................................. onthe .........................8th......................................................... day of.................D....e.....cember....................................... at 11 : 30o'clock in the ...................fore noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action Civil Of.......................................... then and there to be heard and tried between ....................................................... .........................City of Salem ... Plaintiff , and .............................Brian Brinke ........................... . . .......................rs....................................................... Defendant , and you are further required to bring with you .....All documents , correspondence and notes ............................ ......................................................................... with regard to an existing sign located at 276 Highland Avenue, Salem, MA .................................................................................................................. .......................................................... which„premises„is„occuP. P,d...ky-NME...$.i9I?...Q5?X62., :.. PledSe...dl.SQ... ...YQ.tl.... a Lot Plan for 276 Highland Avenue, Salem, MA. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. Hereof fail not, as you will answer your default under the pains and penalties in the law in that behalf made and provided. 22nd Dated at...............................Chelsea....................................... the .............................. day of......N....o.....vember...................... A.D. 19.94.... .. ... �1........................................ L chelle Winter otomy Public-Justice of the Peace FORM 22 LAWYERS STATIONERY CO.,INC. BOSTON,MA /� ��`�G�licGi✓lCcirZC tjJ ; �./Gwc-e ��, a0U/ RETURN OF SERVICE I this day summoned the within named to appear and give evidence at Court as within directed by delivering to ............................................................. in hand, - leaving at........................................................................................................ last and usual place of abode, to wit: No. .................................................................................................................................... Street, in the ............................................................................... District of said......................................... an attested copy of the subpoena together with .............................:........................................fees for attendance and navei. Service and Travel Cop. Police Officer, Constable, Deputy Sheriff Pd. Witness Motor Vehicle It being necessary I actually used a motor vehicle the distance of............ miles in the service of this processs Police Officer, Constable, Deputy Sheriff Subscribedand sworn to before me ..................................................................................................................... This ................................................................day of......................................................................... 19 . ..................................................................... Notary Public My commission expires 19 TitV of *altm, Massar4usttts Publir frupertg Bepartment Nuilbing 19epartment (One t3alem Green 500.745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 19, 1994 John Cappucio/Brian Brinker 276 Highland Avenue Salem, Mass. 01970 RE: 276 Highland Avenue Dear Mr.Cappucio: . This office is still receiving complaints of over 30% of signage being displayed in windows at the liquor store located at 276 Highland Avenue. If this continues this office will have no recourse but to take legal court action to rectify this problem. I also sent a letter in regards to covering of the trench located in the area of Orleans Street. Enclosed please find a stipulation or condition that the Licensing Board requested when issuing the license. In particular number 2. Please have such trench covered immediately or I will also have to take court action in regards to this infraction. Please contact this office upon receipt of the letter so a resolution can be found to these problems. Sincerely, Leo E. Tremblay Inspector of Bui dings LET: scm cc: Dave Shea Councillor O'Leary, Ward 4 Andy Ouellette Acme Sign Company Certified Mail #P 9921 991 658 / Conditions of the license u for Mill Hill Beverages, Inc. 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 aaixfg- the westerly side of its parking lot, preveit-iM ingress and/or egress from the parking lot onto Pfighland Avenue and the adjacent: business parking lat 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. 4/25/94 condition #3 is changed to allow removal of 1 pole to allow employees frau Curtin Etc. and Winter's T.V. to cross John Cappuccio's property (Mill Hill Beverages) 7�7 ^ �� J ^� .f. . . Titg of *Ulem, Aasanc4usetts Pubitc Properttl Department Nuttbing Department (One Onlem ilreen 509-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 27, 1994 Michael Dennedy 4 Orleans Avenue Salem, Mass. 01970 RE: Acme Sign Dear Mr. Dennedy: It is the decision of this permitted official that the Acme Sign located at 276 Highland Avenue is a legal and permitted use under the City of Salem Ordinance relating to signs and billboards. Your request to void said permit is denied. Although it was not realized by this office that a stipulation on exterior lighting was issued to the property owner as a condition for the licensing of the liquor store. I have informed the owner that he is not to have the sign lit up. I am still awaiting a reply from the owner on this issue. If he fails to comply with not lighting of the sign, he will be brought to Salem District Court for a hearing. If I can be of any further help in this or any other matter, please do not hesitate to call. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Councillor O'Leary, Ward 4 Robert LeDoux Certified Mail li P 921 991 662 ARTICLE P 921 991 662 UNE i• k - NUMBER Miahael Denriedy 4 Orleens Avenue S61em,, Mas3.'01970 I FOLD AT PERFORATION t WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. (E I T I E I E 0 p l e d M A I L E I December 20, 1994 Building Inspector 1 Salem Green Salem, Ma. 01970 I request that you void the sign permit for Acme Sign located at 276 Highland Ave. Michael Denne L>C� 4 Orleans Ave. Salem, Ma. 01970 ;f l (MLI of *ttljem, massac4usetts Public Propertg flepartment Guiibing Department (One Oalem 6reen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 19, 1994 John Cappucio/Brian Brinker 276 Highland Avenue Salem, Mass. 01970 RE: 276 Highland Avenue Dear Mr.Cappucio: This office is still receiving complaints of over 30% of signage being displayed in windows at the liquor store located at 276 Highland Avenue. If this continues this office will have no recourse but to take legal court action to rectify this problem. I also sent a letter in regards to covering of the trench located in the area of Orleans Street. Enclosed please find a stipulation or condition that the Licensing Board requested when issuing the license. In particular number 2. Please have such trench covered immediately or I will also have to take court action in regards to this infraction. Please contact this office upon receipt of the letter so a resolution can be found to these problems. Sincerely, Leo E. Tremblay Inspector of Bui ings LET: scm cc: Dave Shea Councillor O'Leary, Ward 4 Andy Ouellette Acme Sign Company Certified Mail #P 9921 991 658 t, jConditions of the license c_y; ' for Mill Hill Beverages, Inc. r 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 al-a�g the westerly side of its parking lot, preventing ingress and/or egress from the parking lot onto Frighland 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. 4/25/94 condition #3 is changed to allow removal of 1 pole to allow employees frau Curtin Etc. and Winter's T.V. to cross John cappuccio's property (Mill Hill Beverages) 7C ^ �2' 3 Tito of #ttlPm, massac4usetts Public Propertg Department Nuilbing ilepartment (Put Batem Q6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 30, 1995 John Cappucio 276 Highland Avenue Salem, Mass. 01970 RE: 276 Highland Avenue Dear Mr. Cappucio: The roof top sign located at the above mentioned property is in deplorable conditions and must be repaired. Please contact this office as to your intent in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm To Call r m 0 ROLOO6)r 0 1990 Rolodex Corp. SENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the • complete items a,and 4a 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 card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit - • Write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of deliver Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number ,;ah.? C P{,v cx P 921 991 823 49 tita.,;k..x t', ;i'L?'F:a•{ 4b.Service Type CERTIR D 7.Date of !T V 6.Signature—(Addressee) .// -- 8.Addressee' All (ONLY if requested and fee paid.) 6.Signature—(Agent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service Official Business 4 +.. PENALTY FOR PRIVATE USE,$300 IllrrrrrrllldrJr�rlllr�rr�Il,Lr�IrJrLIrrlLrrll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 Titg of lq�ttlem, fttssarllusctts n ,R Publir Fropertg Department Fp� aP; Nuilbing i9epnrtment (One Belem Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 11 , 1995 John Cappuccio 49 Orchard Street Salem, Mass . 01970 RE : 276 Highland Avenue Dear Mr . Cappuccio: Per our telephone conversation on September 10 , 1995 concerning the accident that occurred on Saturday evening September 9 , 1995 . This office is very concerned of the structural integrity of the building. Therefore we are requesting that a structural engineer inspects the damages before any use of the building is continued. The business shall remain closed until a report from a structural engineer is received in my office. Per section 123 . 0 of the Massachusetts State Building Code CMR 780. Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc: Chief Turner Fire Prevention Councillor O'Leary, Ward 4 Certified Mail # P 921 991 823 i � I ARTICLE �F4 .1 • P 921 991 823 t� LINE i. Jgha CagpucciO NUMBER • 49 Orchard Street Salem, Mass. ,)1970 LAL i I FOLD AT PERFORATION t WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. E E A T,i F I E D M A I L E R.w m iG II RETURN PHOT^GE POSTMARK OR DATE o SHOW TO WHOM DATE AND RESTRICTED RECEIPT ADDRESS OF DEWERY � DELIVERY � 6 11 SERVICE LERTIFIEDFEE+RETDRNRECEIPT W y r� m TOTAL POSTAGE AND FEES ZW OS ('LfNO INSURANCECOVERAGE PROVIDED- W Q SENT TO. NOT FOR INISNTERNATIONAL MAIL W a oa John Cappuccio " °z 49 Orchard Street Salem, Mass. }1970 Ya ru 0� I N C7 WQ PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL unirtosTmss g ' Posru seRncE - 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 Ino 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 REOUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. B. Save this receipt and present it if you make inquiry. 9' TitV of *n1Em, Massar4usEtts Public Vrapertg Department Nuilbing Department (One 13alrm 16reen 500-745.9595 $xt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 23, 1995 John Cappuccio 276 Highland Avenue Salem, Mass. 01970 RE: 276 Highland Avenue Liquor Store Dear Mr. Cappuccio: This office has contacted you several times concerning signage in windows and also banners at the above mentioned property. We have also notified you of being over the allowed 30 % coverage on window signs according to the City of Salem Signage Ordinance. You have also violated the 15 day period on banner signs attached to the exterior sidewalk rails. If you do not comply with the City of Salem Sign Ordinance within (15) fifteen days, you will leave me no recourse but to pursue legal action being taken against you through Salem District Court. Please contact this office upon receipt of this letter to notify us of your course of action in this matter. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Councillor O'Leary, Ward 4 Certified Mail # P 921 991 671 � S y ,g0 IT 03 c � ��MIIV6 CITY OF SALEM - MASSACHUSETTS ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO city solicitor 93 Washington Street Assistant city solicitor 508-745'M Salem, Massachusetts 01970 508-9214990 September 20, 1994 Honorable Neil J. Harrington Mayor's Office, Salem City Hall 93 Washington Street Salem, Massachusetts 01970 RE: Acme Sign Company Dear Mayor Harrington: Enclosed please find a copy of my letter to the City Planner of August 10, 1993, along with a letter dated August 25, 1994 which I received from Councillor O'Leary. Should you have any questions, please do not hesitate to contact me. Vel - l y o s, ROBERT A. LED X f RAUlcm Enclosures File #9479.20 SFP 9 ?_ 1994 Cl i y OF SALEM I jjA t C)—s OFFICE (nitV of Iftlem, Massar4usetts Office of the Titu (Bmmdl (Ditu Ball �MN6c�' COUNCILLORS-AT-LARGE STANLEY J. USOVICZ, JR. WARD COUNCILLORS PRESIDENT 1994 DEBORAH E. BURKINSHAW 1894 WILLIAM RUSSELL BURNS,JR. CITY CLERK GEORGEA.AHMED GEORGE P.McCABE KEVIN R.HARVEY JANE STIRGWOLT JOHN J.DONAHUE STANLEY J.USOVICZ,JR LEONARD P.O'LEARY DAVID B.GAUDREAULT August 25 1994 SARAH M.HAYES g MARK E.BLAIR Mr. Robert Ledoux r: " Q01tO� 1 City of Salem Salem, MA 01970 Dear Mr. Ledoux: A sign permit has been granted to Acme Sign at 276 Highland Avenue. Since a sign was currently on the building at the Highland Avenue entrance, the new sign was erected on the building at the rear entrance off Orleans Avenue. I respectfully request your opinion as to the propriety of this sign being at the rear of the building, as the official address of the building is 276 Highland Aver_ue, ana not 2768 Highland Avenue. Very truly your ; fEONARD F. O'LEARY COUNCILLOR WARD FOUR n MING zal p CITY OF SALEM - MASSACHUSETTS ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO City Solicitor 93 Washington Street Assistant City solicitor 508-7453963 Salem, Massachusetts 01970 908-M-19W August 10, 1993 r William Luster, City Planner Two Salem Green Salem, MA 01970 RE: Acme Sign Company Dear Mr. Luster: I have been requested to review the sign ordinance as well as the overlay district ordinance to determine whether the sign that has been erected by Brian Brinkers is allowed within the district. The provisions of the sign ordinance seem to indicate that free standing signs can be erected for a building and that the entire square footage allowed for signage ( if three or more uses are within that one building) cannot exceed 125 feet. It would be incumbent upon the sign review committee to look at the gross amount of area of signage currently being provided for all of the tenants of that building. If is three or more uses, we can restrict the signage to 125 square feet, if it is two or less uses on the property we can restrict signs to 65 square feet. Although there is a sign review committee mentioned in the sign provision for the entrance corridor overlay district, it is my belief that this is probably inapplicable inasmuch as the sign in question is more than 150 feet from the center line of the corridor. I would be happy to speak to you in connection with the same at your earliest convenience. Very truly yours, ROBERT A. LEDOUX RAL/lcm AUG 31 '99 04.19PM-AT&T FAX 9015PF F.1/3 WAS NELSON ASSOCIATES ARCHI � PLANNERS HAROLD&WASHPURN AIA 129 H AT1'LEBORO,MA 02703 'STEPHEN R.NELSON RA TEL 5OF 011 FAX 5M222-2455 i I i • Date: M 11 1! 4iJfv. }✓ X77 Time: Pleas iver the following pages: Total r of pages including cover sheet: To. 6v1L01Aa6 j ax Number: 78' 7V6 98y� From: I I Washburn Nelson Associates Fax Number: (508) 222-2455 Re: t I I Comma I : I Ii i I � i If th a problems with this transmission, or if you do not recei I al pages, please call (508) 222-8821. i I i i r AUG 31 '99 04:20PM AT&T FAX 9015PF P.2i3 4 WASNELSON ASSOCIATES ARCHITECTS PLANNERS HAROLD E-N',gSHBURN AIA 129 BANK STREET ATTLEBORO,MA 02703 STEPHEN R.NELSON RA TEL 508-222-0821 FAX 508.222-2455 July 30, 1999 Code review for renovations to lower level of building at 274-276 Highland Avenue in Salem, Massachusetts. The Salvation Army will be occupying the lower level of the building at 274-276 Highland Avenue. The lower level was previously occupied by two businesses. A portion was used as a retail and fabrication area for signs. The remaining area was used for storage of liquor. The lower level will now be a Mercantile use. Most of the area will be devoted to retail sales. A portion will be used for getting goods ready for sale. A utility room will also be created. This project falls under Chapter 34 of 780 CMR. The building qualifies under 3400.3.1. Section 3404.0, Requirements for continuation of the same use group or change to a use group resulting in a change in hazard index of one or less. Mercantile has a hazard index of 3 which is the same as the M, S-1 or F uses that existed previously. The building will no longer be a mixed use. Both levels will now be Mercantile use. 3404. 5: Number of means of egress- The occupancy of the lower Ievel is as follows Mercantile- 5660 SF divided by 30 SF - 189 people staging - 2019 SF divided by 300 SF= 7 people utility - 458 SF divided by 300 SF= 2 people Total occupancy 198 people The occupancy is less than or equal to 500 so two exits are required. 1006.3 not applicable because of exceptions 4 and S. 1006.4.1 remoteness: Exception 1 applies. Longest diagonal of building is 154 ft. 154 divided by 4 = 38.5 ft. The egress doors must be located 38 .5 ft apart. A new second exit door will be added. This eliminates the need for the existing stairway to serve as a means of egress. The maximum travel distance is 250 ft. The actual travel distance is well below that amount. Section 1017.4 requires that the egress doors swing out because the occupancy is greater than 50. 3404.6: Capacity of exits Two 36" wide doors have a capacity of 440 people. The occupancy is 198 people. 3404.7: Exit signs and lights- illuminated exit signs with battery back up will be required. An exit sign shall be visible from all mercantile areas. • ` AUG 31 '99 04:21PM AT&T FAX 9015PF P.3/3 WASHBURN, NELSON ASSOCIATES ARCHITECTS PLANNERS HAROLD E-WASHBURN AIA 129 BANK STREET ATTLEBORO, MA(W03 STEPHEN R.NELSON RA TFd.508-222-0821 FAX 509.222-2455 3404.8 Means of egress lighting- Emergency lighting shall be provided in accordance with 780 CMR 1024.0. 3404.9 Height and area limitations- The building is construction type 3B. The use group is Mercantile (M) . Table 503: 2 st 30' 9600 SF per floor. Sprinklers would not be required since the existing building is 2 stories with 8,137 SF per floor. Sprinklers are being installed so increases are allowed. 504.2 Height increase 1 st 20 £t for sprinklers. 506. 3 200 8 area increase (19,200 SF) for sprinklers. Total allowable 3 St 50 ft with 28,800 SF per floor. Actual is 2 story with 8,137 SF per floor. Utility room enclosure is covered under Table 302.1. 1 Specific Occupancy Areas- Under all use groups Boiler and Furnace rooms 1 hour or automatic fire suppression system. 3404.12Fire Protection Systems- The building will be equipped with a fire alarm and sprinkler system. 3404.13 Enclosure of Stairways- The existing stairway is not needed as a means of egress from either level. The stairway does not need to be enclosed because it meets 1014.11 exception 3 and 713.3. At the upper level 2 exits are required and are provided so that the door at the stairway is not needed as a means of egress. The exit sign shall be removed from the stairway location. 3404.18 Accessibility for persons with disabilities The floor will be accessible for persons with disabilities. it has a door that leads directly to the exterior at grade. JOHN GOWANS JOE NOLAND GENERAL •• TERRITORIAL COMMANDER THE SALVATION ARMY FOUNDED IN 1865 BY WILLIAM BOOTH ADULT REHABILITATION CENTER 209 BROADWAY,SAUGUS,MA 01908 TELEPHONE(781)231-0803 FAX(781)231-2917 February 26, 2001 Tom StPierre Building Inspector Salem City Hall 93 Washington Street Salem, MA 01970-3592 Dear Mr. StPierre; Please accept this letter as our permission to have the sign removed at the property located at 274-276 Highland Avenue. We would like to express our thanks to Mayor Usovicz and the city for their assistance in removing the unused sign. Thank you for your consideration. Sincerely, Leo M. Lloyd Major \nr. cc: Mayor Stanley Usovicz, Jr.