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63 FLINT STREET - ZBA Q 63 R^+ S* . uUiu melt own.standouts u.�. I ) le ik- Legal Notice { 1- CITY OF SALEM BOARD OF APPEAL - 1 It- 745-9595 Ext.391 6 y Will hold a public hearing for all M persons interested in the petition sub- C, miffed by LANDRY&ARCARI RUGS B� & CARPETING requesting a Special VE Permit to convert existing noncon- ur forming use to allow retail,whole- Lo sale,office and storage use for the property located at 63 FLINT STREET 70 of BPD.Said hearing to be held on JUNE 44� on 21,2005 at 6:30 P.M., 120 Washing- in ton Street,3rd floor. itNina Cohen of Chairman p A (6/9,16) CITY OF SALEM9 MASSACHUSETTS CITY Or SALEM, MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 9 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 111005 JUN 21 A la I G MAYOR FAX: 978-740-9846 V DECISION OF THE PETITION OF LANDRY&ACARI RUGS &CARPETING REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 63 FLINT STREET BPD A hearing on this petition was held on June 21, 2005 with the following Board Members present:Nina Cohen,Chairman,Richard Dionne,Nicholas Helides, Steven Pinto and Edward Moriarty. 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 request a Special Permit to convert existing non-conforming use to allow retail, wholesale, office and storage use for the property located at 63 Flint Street located in a BPD zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide as follows: 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 uses,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 for the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other 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. VI DECISION OF THE PETITION OF LANDRY&ACARI RUGS &CARPETING REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63 FLINT STREET BPD page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of facts: 1. Petitioner Landry & Arcan appeared through their Attorney William Quinn,Esq. of Tinti,Quinn,Grover&Frey LLC. Since the 1930's, Landry &Amari has operated a retail and wholesale rug and carpet sales business in Salem. Presently occupying a converted residential building on Pleasant St, Landry&Acari wishes to relocate to larger quarters at 63 Flint St in the Business Park Development district Because the ordinance does not allow retail uses in the BPD district,petitioner seeks a special permit to allow them to enter into a lease agreement with the property owner,Colaris LLL,LLC and to relocate their existing business to the proposed site. 2. The property owner submitted an affidavit to Deborah Collier-Comins stating their support for the petition. 3. The proposed site consists of two large warehouse style metal buildings. Landry &Acari's proposed use will occupy one building while the other will be used for storage for this business and others. Landry&Amari will use the 9800 sf space for the storage,display and sale of rugs and carpeting,and for the business offices of the company. 4. Parking is ample for this use and is sufficient for the mixed use proposed for the site. 5. Attending the public meeting and speaking in support of the petition were Meg Twohey, Betsy Bums and Maggie Lemeulin,who are Federal Street Residents and members of the Federal St Neighborhood Association. They testified that the Landry &Arcari plan has the support of many neighbors that is an appropriate use and not excessive,that it will improve the location. Ms. Lemeulin stated her opinion that,based on the comments of the committee that developed the North River Canal Corridor Zoning District,the Landry& Acari business would be an excellent match for the mixed use goals of the Prolog district 6. Landry&Amari undertook to submit plans for signage at the site to the appropriate City committee,and to create signs in accordance with the with the directives of that committee. On the basis of the above findings of fact,and on the evidence presented at the hearing,the Board of Appeal concludes as follows: DECISION OF THE PETITION OF LANDRY&ARCARI RUGS &CARPETING REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63 FLINT STREET BPD page three 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public he" safety,convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Inspection. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Sign Committee. 8. Special Permit for Landry&Acari only. Special Permit Granted - June 21,2005 Nina Cohen,C Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WrM THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any,shall be made pursuant to Section 17,of MGL Chapter 40A,and shall be Sled 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 gmated herein shall not take effect until a copy of the decision,bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been Sled, or dmt,if such appeal has bcen Sled,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal AFFIDAVIT My Name is Deborah Collier-Comms. I swear that the following statements are true of my personal knowledge: 1. I am one of the designated Managers of Colaris, III, LLC, which holds title to and owns the real property known as 63 Flint Street, Salem, MA (Ex. A attached). 2. I also served as a Trustee of The Allied Realty trust, a nominee trust that held title to the property from 1993 to November of 2004(Ex. B attached). 3. My family, the Colliers, owned and operated Allied Lumber Company at this location from 1966 through 1992.. At all times, that business included the retail sale of lumber Products to the public as part of its op erations at the site. 4. The front building located on the site, which is the building being proposed for retail and other uses b Landry ry and Arcari Oriental Rugs and Carpeting, Inc. , was constructed in 1991 pursuant to a Building Permit issued by the City to my uncle, Milton Collier, for combined retail and storages uses(Ex. C attached). 5. Allied Lumber ended its operations at the site in 1992, and entered into a series of leases of the front building,all of which have continued to include some retail component, as follow: a. Bach Designs, Ltd. —Dec. 1, 1992—Nov. 30, 1997. Uses per Lease were for manufacturing,warehousing and retail sales of imprinted/embroidered sportswear (Ex. D). b. Rom-Man Technologies,Inc.—Lease ran Sept. 1, 1998—Oct 14,2003,with occupancy continuing through July,2004. Per Lease and tenant correspondence uses included sale and distribution of software, including the retail sale of cd-roms at retail,throughout period of occupancy(Ex. E). 6. The rear building at the site is being rented out and used solely as storage bays. Signed under the penalties of perjury this f(2 day of June, 2005. Deborah Collier-Comins The Commonwealth of Massachusetts William Francis Galvin -Public Browse and Search Page 1 of 2 max ...... ....................... . . a The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston,Massachusetts 02108-1512 11 E a; .i v+ ` Telephone: (617)727-9640 am a Request a Cerkfifi,M The exact name of the Domestic Limited Liability Company(LLCj: COLARIS TTl LLC Entity Type: ; Domestic Limited Liability Coanu(LLC) Identification Number: 141861704 r. Date of Organization in Massachusetts: 01/10/2003 The location of itSr rprincipal office: No. and Street: 18 CROWNINSII D ST Gity or Town: PEABODI State:lLlA Zip: 01960 Country; If tfe business e ntityr is organized wholly to do business outside Massachusetts,the location of that off No.and Street: City orToWn: ' State: Zip: Country' The name and address of the ResidentAg am' Name: D BORAH COLLIER COMINS No.!and Street: C/O C12C?W1NSHIBLD MANAGEMENT COItPORAI'ION 18 CROWIN§JMT D ST City;or Town: PEABODY State: Zip: 03960Cou The'name and business addressf each manager. Title lntlividual Name Atltlress (n?Po%X) FYst,Mk101e,Laatr Bax AOoa City,or Tom ftte zip Coda MANAGES DE(3ORAH COLLIER COM INS 19 CRflwRtIN&HIELA&'f P ABODY,MAE.M960 UsA MANAGER JOYCE COLLIER 1g CR©WNINSHIELD ST No FEABODY,MA0196() Thei wne and business address of She person in addition to the manager,wha is authoirzed to execute A to be filetl with the Corporations DlvisiPn- Title lnditriduaI Name Address(no POBbxi http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&... 4/1/2005 The Commonwealth of Massachusetts William Francis Galvin - Public Browse and Search Page 2 of 2 Fust,Middle Last,Surtbt Address,City or Town,State,Zip Code t30C SIGNATORY DEBORAH COLLIER OOMINS iB CROWNINSHIELD,ST PEABODY,MA 01960 USA SOC SIGNATORY JOYCE COLLIER 118 CROWNINSHIELD:ST. :PEABODY.MA 01960 USA The name and business address of the persons)authorized to execute,acknowledge, If and recoi recordable instrumentpurponng to affect an interest in real erty prop Title Individual Name Addressino PO Box> 5rst,Middie,Last,Suffix Address,City,or Town,State,Zip;Cp�da REAL PROPERTY DEBORAH COLLIER COMINS 1 18 CROWNINSHIELD$T PEABODY,MA 01980 USA REAL PROPERTY. JOYCE COLLIER 18 CROWNINSHIELq ST .PEABOgY,MA 01960 Consent Manufaurer _ Confidential Data _ Does Not Requite Annual Rel Partnership X Resident Agent _ For Profit Merger Allowed Select a type of filing from below to view this business entity,filings: CALL FILINGS Annual Report Articles of Entity Conversion Certificate of Amendment Certificate of Cancellation lftewFthngs � N2w$8erch ;� f Comments' Q 2001-2005 Cotlmonwealth of Massaahu69it4 Pdl Rights Reserved http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&... 4/1/2005 H:\7RUSTFS712153\21A0285138.DOC QUITCLAIM DEED 200151611050011017IIIBki:238131 Ilplg:70 01/08/2008 08:88:00 DEED Pe 1/4 o We, HOWARD A. COLLIER, DEBORAH E. COLLIER-CONIINS and JOYCE L. COLLIER, as Trustees of The Allied Realty Trust of Salem under Declaration of Trust dated August 13, 1992 and recorded in the Essex South District Registry of Deeds in Book 11443, Page 67 (the"Trust"), with a mailing address of 18 Crowninshield Street, Peabody, MA 01960, for consideration paid of One and 00/100($1.00) Dollar, grant to COLARIS III,LLC, a Massachusetts limited liability company with a mailing address of 18 Crowninshield Street, U Peabody, MA 01960,with QUITCLAIM COVENANTS K N A certain parcel of land together with the buildings and other improvements located thereon, w situated on the southwesterly side of Flint Street in Salem, Essex County, Massachusetts, being shown on a plan entitled "Plan of Land in Salem, Mass., prepared for Lawrence & Milton CIO Collier, 400 Bridge Street, Salem, Mass.", dated June 13, 1990, drawn by Ryan Engineering Corp., and recorded with the Essex South District Registry of Deeds in Plan Book 265, Plan 42 (the "Plan"). Said parcel of land is more particularly bounded and described, according to the Plan, as follows: Y d fJ4 Beginning at the Northeasterly corner thereof at a Rebar on the Southwesterly side of said Flint D Street at land Now or Formerly of Boston & Maine Railroad Portland Div. Lawrence Branch (`B &M Land"),and thence running S 570 27' 12"E by said Flint Street, 58.80 feet to a point at Parcel # 4-16-C; thence o turning and running S 44°44' 37"W by said Parcel # 4-16-C, 30.79 feet to a point; thence turning and running S 450 15' 15"E still by said Parcel #4-16-C, 40.92 feet to a point on the Existing North River Canal; thence turning and running S 310 26' 26" W by said Existing North River Canal to a point at Parcel # 4-15-C; thence turning and running SOUTHWESTERLY by said Parcel # 4-15-C, on a curve to the right, to the wall on the northwesterly side of said Existing North River Canal; thence turning and running S 670 08' 03"W by said wall on the northwesterly side of said Existing North River Canal to a point; thence turning and running S 660 21' 31" W still by said wall on the northwesterly side of said Existing North River Canal, 356.75 feet to a point; thence turning and running RRTURN TO: YPS—Ra�mann,Sawyer&Braweter One Fineacial Oe>7tei'-29"Floor Boston,MA02111 S 670 48' 00"W still by said wall on the northwesterly side of said Existing North River Canal, 129.05 feet to a point; thence turning and running NORTHWESTERLY still by said wall on the northwesterly side of said Existing North River Canal, on a curve to the right having a radius of 115.02 feet, a distance of 111.21 feet to a drill hole; thence continuing NORTHWESTERLY still by said wall on the northwesterly side of said Existing North River Canal, on a curve to the right having a radius of 77.37 feet, a distance of 27.93 feet to a point; thence turning and running N 280 05' 45"W still by said wall on the northwesterly side of said Existing North River Canal, 56.74 feet to a drill hole at land of Philson Realty Corporation ("Philson Land'); thence turning and running N 620 18' 45"E by said Philson Land, 61.67 feet to a drill hole; thence turning and running NORTHEASTERLY still by said Philson Land, on a curve to the right having a radius of 575.60 feet, a distance of 51.90 feet to a point; thence turning and running N 670 28' 45"E still by said Philson Land, 262.51 feet to a Rebar at said B & M Land; thence turning and running N 690 56' 30"E by said B &M Land, 179.38 feet to a Rebar; thence turning and running S 190 74' 20"E still by said B & M Land, 38.06 feet to a Steel Bound; thence turning and running N 580 18' 04"E still by said B & M Land, 113.00 feet to a Rebar; thence turning and running N 780 31' 29"E still by said B & M Land, 17.80 feet to a point; thence turning and running N 620 41' 27"E still by said B & M Land, 74.62 feet to the point of beginning at said Flint Street. Said parcel of land contains, according to the Plan, 111,161E square feet of land, which is the combination of the area shown on the plan as "Remaining Collier Land Area = 83,126± S.F." and the area shown on the Plan as"Parcel#4-C-1-C: Canal Easement Area=28,035± S.F." This conveyance is made subject to, and with the benefit of all rights, easements, and other encumbrances now existing,including without limitation, the following: 2 1. A Taking for highway purposes made by The Commonwealth of Massachusetts on October 26, 1988,pursuant to an instrument recorded with said Deeds in Book 9785,Page 14. 2. A Grant of Easement from Lawrence B. Collier and Milton Collier, Trustees of Allied Realty Trust of Salem as aforesaid, to Gabriella A. Clayman, Trustee of Philson Realty Trust, under Declaration of Trust dated December 23, 1988, and recorded with said Deeds in Book 10291, Page 22, which Grant of Easement is dated October 23, 1990, and is recorded with said Deeds in Book 10619, Page 33; 3. Decision of the Salem Board of Appeal dated September 19, 1990, and recorded with said Deeds in Book 10622,Page 581; 4. Decision of the Salem Board of Appeal dated November 7, 1990, and recorded with said Deeds in Book 10680,Page 9; 5. Order of Conditions issued by the Salem Conservation Commission in DEP File No. 64- 195 on December 12, 1990,recorded with said Deeds in Book 10671,Page 215; and 6. Any unpaid municipal charges or assessments. For our title, see Confirmatory Deed dated February 18, 1993 and recorded with the Essex South District Registry of Deeds in Book 11892, Page 218, from Lawrence B. Collier, Milton Collier and Barbara Collier to Lawrence B. Collier and Milton Collier, Trustees of Allied Realty Trust of Salem under Declaration of Trust dated August 17, 1992, and recorded with the Essex South District Registry of Deeds in Book 11443,Page 67. Meaning, intending to convey, and hereby conveying, all of our interest in the premises described in the three Deeds referred to next above however the same may bbounded, > measured and described. EXECUTED under SEAL as of November 15,2004. Howard A. lier,Trustee as of resaid but not i 'dually eborah E. Collier-Comins, Trustee as aforesaid but not individually � Joyce U Collier, Trustee as aforesaid but not individually 3 COMMONWEALTH OF MASSACHUSETTS County, ss. On IA AAA., R 2004, before me, the undersigned notary public, personally appeared Howard A. Collier, who is personally known to me, or-barptmrod me , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose, as Trustee,before me, 5�•, .42. .,,��� Notary Public Name: ZWbA A Z/mw4wSAr i My commission expires: 09 QX•0(a COMMONWEALTH OF MASSACHUSETTS County, ss. On_ �✓ 2004, before me, the undersigned notary public, personally appeared Deborah E. Collier-Comins, whe is personally known to me, oF4ws-proved which was ' to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose, as Trustee,before me, qq �? Cti .htGG�4u,�dlGt _ Notary Public Name:L/AAAI • Z?h'IA&Wf1"; My commission expires: C99 2U-Vb �A��/ COMMONWEALTH OF MASSACHUSETTS �'� County, ss. On IM'U 'q , 2004, before me, the undersigned notary public, personally appeared Joyce L. Collier, who is personally known to me, ha.9 -- lc fne to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose, as Trustee,before me, Notary Public Name: LAIN •Z(h ugo d(k4 My commission expires: 04 6U,NP 4 UtrA rc r me.n-r AL AFF ROYAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCES rn o% n _ To be Filled in by each division indicated hereon r a$ M r ^ n y i Z upon.completion of its final inspection. M : O c r x u M/ BUILDINGS Permit No. 327-91 C, c r V ' Approved by Daum ruggTC Date 11 /7/g�_ r c. i rnrl Remarks r } +� r- ; h r -1 A c c 7 i 3C m a ; 'r y Y PLUMBING Permit No. I' r. q Nr Approved by Date z d = 3 o ON FILE b 7 �� � y Remarks t c. - v m z • � y ELECTRICAL Permit No. r7 � 0Ay m Approved by D Date c is m �c z ON v .<FTrr r: o m Remarks 'R t ; p ' a �o _ n z 1 r y c tS f' c OTHER ETRE Permit No. O y Approved by_ Date 1 0 n rtl i Remarks nm ATTR Z rtl O. n n OTHER ENGINEER Permit No. co Approved by Date Dajpq = 3 e m CDo v- Remarks- - ON FTf R o s x y _ JUN-09-2005 10:4e CROWNINSHIELD MANAGEMENT 9785326023 P.03 tSUILUINki PERMIT JOB WEATHER CARO DATE 19 PERMIT N0, APPLICANT ADDRESS IN011 pTM[[TI ICANTAV "C[MA[1 PEAMIT TO 11 STORY NUMBER OF IYTP[ Of IMPMOVLM[WTI N0. INPA{t0 Ufil DWELLING UNITS m AT (LOCATION) ZONING IN0.1 If rMLLn DISTRICT BETWEEN AND ICMOfA [TM[[TI ICAOAA 11 At CTI AYBOIVIl10MLOT BLOCK SIIZE BUILDING IS TO BE FT, WIDE NY FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION I TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ITP" BCNARRS. .UREA 04 @ VOLUME ESTIMATED COST y Fee O KVNC/[OVML FC[TI J I.WF��'// ��P1Af�0u�A� OWNER mw d,K AE R f ADCRE55 BUILDING DEPT, '" _ Br f� THIS PEMNIT CONVEYS NO NIGHT TO OCCUPY ANV STREET, ALLEY OR SIDEWALK OR-ANY PINSPIECTOR OF BIIIoDwI�G�w W(R,YAnENTLY. EW Cwp AC NM iN TS ON PV*41C PROPERTY, NOT f►EUFICALLY PgpMITT EO UNDER TNS BVILDING CODs, MUST E[ A►- . FROM T E• PA TMEN OIf TION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF UISLIC SEWERS MAY EE OBTAINED FROM THE APPLICABLE OF PUBLIC WORKS. THE IISWANCE OF THIS PERMIT DOES NOT AELEASE THE IP PLIUNT FROM THE CONDITIONS OF ANY •P►LICABLE fU■DIVISION HEST RICTIDNS. MINIMUM OF THREE CALL APPq OV ED PLANS MUST BE RETAINED ON UOB ANtl THISF APPLICABLE SEPARATE TNI►EC TIONS N[pU1M EO FDR CAIRO NE T ARE AEOVIRID Fpp ALL CONSTRUCTION WORK: �, POSTED UNTIL FINAL INSPECTION HAS BEENICAL. R EOViR G AND I. ►OynpASIGHT Ow TOOTING s. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- GAL INSTALLATIONS. A. PMIOR TO COVERT TO LATMI TUBAL pUIREO,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINA INSPECTION NSPE TI I LATHE FINAL INSPECTION HAS BEEN MADE. f. FINAL SNL PEC TION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS l 4 . P CIARD CP HEALTH OAS INSPECTION APPROVALS FI FADEPT, INSPECTING APPROVALS .�1 I OTHER CITY ENOINlER WORK SMALL NOT PROCEED UNTIL TWE PERMIT WILL BECOME MULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARO STAPES OR HAS APPROVEDCONSTRUCTION. THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE ar{c[s OF cppA7RucilDT. PERMIT IS ISSUED AS NOTED ABOVE, OR WRITTEN NOTIFICATION. TOTAL P.03 MAR-17-2005 12: 15 CROWNINSHIELD MANAGEMENT 9785326023 P.05 LEASE FX b I. PARTIES LESSOR, which expression shall include LAWRENCE COLLIER, TRUSTEE OF ALLIED REALTY TRUST OF SALEM, heirs, successors, and assigns where the context 50 admits, does hereby lease to LESSEE, which expression shall include BACH DESIGNS, LTD. , STEPHEN BA PRESIDENT,PRESIDENT, successors, executors, administrators, and assigns where the context so admits, and the LESSEE hereby leases the following described premises: 2. PREMISES THE BUILDING CONSISTING OF APPROXIMATELY 10,530 SQUARE FEET AT 400 BRIDGE STREET AND 63 FLINT STREET, SALEM, ESSEX COUNTY, MASSACHUSETTS. A FULL DESCRIPTION IS INCLUDED AT ESSEX SOUTH REGISTRY OF DEEDS AT BOOK 5068, PAGE 465. PREMUSE OFELAND FROM INT STREET IS KNOWN AS BUTLDING #TO gET�1EENLESSEBIIILDSINGLE FL AND BUILDING #2. LESSOR SHALL HAVE VEHICULAR ACCESS FROM FLINT STREET T) BUILDING #2 FOR BENEFIT OF BUILDING #2 (SEE ATTACHED CHART) . 3. TERM The term of this lease shall be for commencing on DECEMBER 1, 1992 and endding(on YEARS , NOVEMBER 30, 1997 4. RENT SEE ADDENDUM TO LEASE 5. UTILITIES The Lessee shall pay, as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the leased premises and presently separately metered, and all bills for fuel servicing the leased premises exclusively. SEE ADDENDUM TO LEASE AGREEMENT LESSOR shall have no obligation to provide utilities or equipment other than the utilities and e premises as of the commencement date of thismlease. In thee event LESSEE requires additional utilities or equipmentt installation and maintenance thereof shall be the LESSEE, 'She sole obligation, provided that such installation shall be subject to written consent of the LESSOR. Such permission shall not be unreasonably withheld. �1 . MAR-17-2005 12: 15 CROWNINSHIELD MANAGEMENT 9785326023 P.06 6. USE OF LEASED The LESSEE shall use the leased premises only for the PREMISES purpose of 1. MANUFACTURING AND WAREHOUSING OF IMPRINTED SPORTSWEAR, EMBROIDERED SPORTSWEAR AND RELATED ITEMS / 2 . RETAIL SALES IMPRINTED/EMBROIDERED SPORTSWEAR, RELATED V ITEMS AND ACCESSORIES 7. COMPLIANCE The LESSEE acknowledges that no trade or occupation shall WITH LAWS be conducted in the leased premises or use made thereof which will be unlawful, or contrary to any law or any municipal by-law or ordinance in force in the city or town in which the premises are situated. In the event an activity of LESSEE's is made unlawful by legitimate authority, LESSEE obligations under this lease will terminate at LESSEE's option. However, LESSEE will use diligent effort to comply with thisara ra h. P g P 8. FIRE The LESSEE shall not permit any use of the leased premises INSURANCE which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR, and all other tenants, all extra insurance premiums caused by the LESSEE's use of the premises. LESSOR will provide premium information to LESSEE in advance. 9 . MAINTENANCE The LESSEE agrees to maintain the leased premises in good condition, damage by fire and other casualty only excepted, A. LESSEE'S and whenever necessary, to replace plate glass and other OBLIGATIONS glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on the premises. Such permission will not be unreasonably withheld. B. LESSOR'S The LESSOR agrees to maintain the structure of the building OBLIGATIONS of which the leased premises are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of .this lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those for whose conduct the LESSEE is legally responsible. MAR-17-2005 12: 15 CROWNINSHIELD MANAGEMENT 9785326023 P.04 JUI.-29•-2004 1013 Gid iNsHI0.D MRiNRArENT July 28, M04 ' Mr, Stuart cornins Allied Really Trust 18 Crowninshield Street Peabody; MA 01"o RE: 63 Flint Street, Building# 1 . Dear Stuart, V have sold cd- rotn,s both at the retal.and whol durinS the term of m lease19" �e levgl From this location Y starting in and continufng to the present. Please contact me if Y09- teed any additional Information. Sincsreiy. •Ro Man istribution J ' . -� Richard VariDam Prssident • '. -• ••,. 'R'R DISTaIBG',.1t1Pf.63 F tA'1`S ` ••'. . - ,. ' . FAk �• ': -. Pxon�; '190G)334•$666/Irrry,; ��gj')�'4 0�%EM, 1Nna>�¢wlFs�raoj9�Q . i.: '' . : • . :4 • , i,7. JIJi - .,,1''Y.�.' f 1•i. ,•Y /' Y.1f 34 V•.•i :• i , _r .o- ,. �i•q.J. .,N' ,, . Jd -.'•af..Y;.tis(v�".y R 1,.n ei.'•.'P�.i','.- MAR-17-2005 12:14 CROWNINSHIELD MANAGEMENT 9785326023 P.02 . Allied Realty Trust of Salem 1. 12AA7IES 18 Croutninshield Street, Peabody, MA 01960 (fill in) LESSOR, which expression shall include heirs, successors, and assigns wnar, the context ao admits, does hereby lease to Rom-Man Technologies, Inc. d/b/a Rota-Man Distribution, 18 Water Straet, ,Danvers, MA 01923 LESSEE. wri ch expression Stall rlcludh suac(1aDarG, axeautoro- a.rr,:rs:!sett. and assigns•enure the context so admgs, and Inc LESSEE nereb leases Incfollowin Gescribe0 term !• PREMISES y 9 P ses mit inarid include. Building #1 at: 64 Flint/400 Bridge Street, Salem, MA with parking toe numbif er. /fooble,t quire in front and adjacent to building on canal side. number, floor � number, and square feet) !ogelher with the right to use in common•with others entitled thereto. the hallways,stairways. and elevators.necessary!or aCCess to said leased promises, and lavatories nearest thereto. TERM The term of lhis lease shall be (at Five years and forty four days (fill)n) Commencing an September' 1, 1998 and ending on October 14, 2003 RENT The LESSEE shall pay to the LESSOR fixed rent at the rate of -SEE ADDENDUM dollars (fill it?) per year, payable in advance in monthly installments of . subject t0 p rbralion in the case of an month. All rent shall be payable witriCul offset or deduction. Y partial calendar SECURITY Upon Me execution Of ;tis lease. the LESSEE mall pay to the LESSOR the amount of NO SECURITY DEPOSIT DEPOSIT collate,wnlcn shall De ROJO as a security for the LESSEE•s performance as herein provided and refunded to the LSSSFE (fill in) a: the end of this lease, without interest, subject to the LESSEE's satisfactory compliance with the conditions iareof. T 11 l > JSTMENT Mich the leas premise are a part, inexcess the Amoun Of the real ata taxes t Sort for to fiscal year (hS inatter Cal trio '*Bese ar"), LESS will pay to ESSOR as dilional rant arounder. on and as signaled by vice in writ by LESSO per can I such exce that may o r in each at of A. TAX rhe to 01 NIS I@a Or any a en sion or re will thereof no proportl ataly lot an part Of a h al year. If e ESCALATION LESSO obtains an a lament of y such exce real estate x. a Dropo • nate share such abate n:, less :he (fin m or delete) reaspnabl fees and cos ncurred in btaining the me, if any, II be refun to the LE 69. 8. OPERATING rhe LESSEE all pay, to :h LESSOR additional re hereunder an and as signalled by olics in writ my COST L SOq, er cent of y increase in erating exp ses over th a incurred d Ing the caltln r ESCALATION yea perahng expo ses are deft d for the DufPO 5 of Iriis agr anI as all is and SxDe eS inCuned b (fill in or delete) Ino L SOR during y calendar ye in connecti with the open ion and main[ ante or the no and buil s OI which the teas renis es ar P a pan,inCludi without lint tion insurance remiums.IICB alees,)amt al sernce,la scoping and snow maval, empl eecomponsal n and fringe nefils.equip I and materia .utirity Cost repairs,main narce and any ea at experickur (reasonably a Ortiz with latest) Indurre in ardor to re ca otter op ating expen or Delete 6A, 6B, 6C C. CONSUMER (t\L55SEE agree that in the SRI the "Cons at Price Inde for Urban a Earners and rical workers. V.S. PRICE Ci , All Ile s (v982.8a� p)^ (hereinaft referred t0 a5 e '•Pnce IndESCALATION ") published Dy I Bureau or L r Sfthe Unite States OaPar en[ OI Labor, any compara successor a substitute index signated ey:n(fllf in or delete) LEropriately a 'usted. reflect an Increase in a cost of livin ver and abov the cost Of living reflected Dythox for the m rt of I (hereinane ailed the "S P!ice Indo,"), t r:ed -antshsled in accord nice with sub-p agraph (2) of I vs Article, COPYRIGHT 1968 ax r+at as coe,ee m•amedvead n tar n.n EATER BOSTON REAL ESTATE SOARD ynla rua�M. rMx Bann„n sin 9 rnrtas ntapyt b+a Jnpr a,Ona Mnrn eeeaanl d!r+a Gn� REVISED 1981, 1994 �- 9enFla"m q.a eaoi.0owd.ua. MAR-17-2005 12:14 CROWN INSHIELD MANAGEMENT 9785326023 P.03 �' •^_ �^ e,"„•marry \,,,,nv rm c mmencem I aaut. lite ausu au a adlustme I (hereinaner rate ad l0 88 "A veha fixed rensd by ulttplying l e fixed rent 1 fprtn in Ar cls a py rection.Irienum for of whk snarl 08 the rise Indexonth ntl the d ominalorof whi (IOr eaCri a h traction) all be theice Inde ; PROVID . HOWEV\M; justm i shall r ucethe fixed re as prevtou payaDl0 in coordanis Artier or Article ain the aril the Pric Index cess 10us82.94 Aver a of 100 the basulallon. or a subar rat ch geis m de to the tar a or numbs I itecoed in trio ids Index. t n the ex Shelf be a Ls:etl[o:. 7, UTILITIES The LESSEE shall pay. as they become due, all bills for electricity and other utilities(whether they are used for !urnirn ig heat or other purposeS) that are furnished to the leased premises and presently separately metered. and all bills for !uai furnished to a separate tank Servicing the leased premtses exclusively. The LESSOR agrees to provide all other utzlily 'delete "air conditioning” service and to furnish reasonably hot and cold water and reasonable heal and air conditioning• (except to the ox:ant f not applicable d181 the same are furnished througn separately metered utilities or separate fuel tanks as set forth above) to the leased Promises. the hallways, stairways. elevators, and lavatories during normal business hours on regular business days Of:ria heating and air conditioning- Seasons of seeing service as is Customary in similar buildings in said city or town, all sun year-10 furnish elevator seMCe and t0 light Passageways and stairways Cur• ing business hours,and rd furnish such .leaning to interruption due to any accident. 10 the making of repairs, alterations, or improvements. to tabor difficulties. :z troupie to obtaining fuel. electricity. service, or supplies from trio sources from which they are usually obtained for said building, Of fd any Cause beyond the LESSOR'S control. All the utilities to building 7#11 are the responsibility of the Lessee LESSOR shall have no obligation to provide utilities or equipmenl other than the utilities and equipment within the premises as 01 trio Commencement date of this lease.In the event LESSEE requires adoltional utilities or equipment, the installapon andmaima nance thereof shall be the LESSEE'S sole obligation,provided that such installation shall be subject to the wrir:en consent or the LESSOR. 9. USE OF LEASED The LESSEE shall use the leased premises only for trio purpose of PREMISES (/I'll int Sale and distribution of software, natural food products, clothing . and any other use providing said use is legal, does not increase the real estate taxes or insurance premiums or diminish the value of the building in any way. Subject to the final approval of the Lessor, whose approval will not be ). r'OMFLIANCE unr Tne Q>�1 �,v With�teld e E aelcnaw e0ges-Nat no trade or occupation shall be conducted in the leasee premises or use made thereof T N LAWS which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordinance in for=e in the city or town in which the premises are situated.Without limiting the genereriry,of the foregoing(a) the LESSEE snail not bring or permit to be brought or kept in or on the leased premises Or elsewh017e On the LESSOR's property w.v hazardous. toxic, inflammable.combustible Or explosive fluid, material, chemical or substance, including without limitat-on any nem defined as hazardous pursuant to Chapter 21C 01 the Massachusetts General Laws; and(b) 1118 LESSEE shaC ce responsible for compliance with requirements imposed by the Americans with Disabilities Act relative to the layout of !ne leased premises and any work performed by the LESSEE therein, I. FIRE INSURANCE The LESSEE shall not permit any use of the(eased premises which will make voidable any insurance on the property of which the leased premises are a part.or on the contents of said property or which shall be contrary to any law or regula:x:n from time to time established by the New Englano Fire Insurance Rating Association,or any similar baby succeeding to.!s powers. The LESSEE shall on demand reimburse the LESSOR, and all other tenants,all extra insurance premiums caused by the LESSEE's use o1 the premises, MAINTENANCE The LESSEE agrees to maintain the leased premises in good condition. damage by fire and other casualty only excepted- and whenever necessary, to rapiers plate glass and other glass therein, acknowledging that the leased premises are A. LESSEE'S now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded. damaged. OBLIGATIONS Strippedor detaCed, nor suffer any waste. LESSEE shall obtain written consent of LESSOR oelore erecting any sign ;n the premises. B. LESSOR'S The LESSOR agrees to maintain the Struclure of the building of which the leased premtses we a par; in the sar^e OBLIGATIONS condition as it Is at the Commencement of the term Or as it may be out in during the term of this lease, reasonable wea• and rear, damage by fire and diner casually only excepted, unless such maintenance is required because of ;rte LESSEE_ Or those for whose conduct the LESSEE is legally responsible. ALTERATIONS — The LESSEE Shall not make structural alterations or additions to the leased premises, but may make non-siruclu-al ADOIT!ONS alte7au0ns provided the LESSOR consents(hereto in writing,wriiCh consent shall not be unreasonably wtmheld or delaved. All such allowed alterations shall be at LESSEE'S expense and Shan be in Quality at least equal to the present construction LESSEE small not permit any mechanics'liens,or similar liens, to remain upon the leased premises for labor and matsnal furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed al the direction of LESSEE and shall cause any such Ilan In be released of record focn- with without cost tb LESSOR. Any alterations or improvements made by the LESSEE shall become the property of ;rc LESSOR at the termination of occupancy as provided therein. ASSIGNMENT — The LESSEE small not assign Or sublet the whole or any pan of the leased premises without LESSOR'S prior whrren SUBLEASING consent Notwithstanding such consent. LESSEE shall remain liable to LESSOR for the payment of all rent and for the Performance OI the covenants and conditions of this lease SEE ADDENDUM I _ Landry & Arcari PARKING CALCULATION DATA PARKING SPACES BUILDING USES REQUIRED BY ZONING RETAIL 5600 SF. 38 (1 PER 150 SF.) OFFICE (4 EMPLOYEES) 1600 SF. 4 (1 PER EMPLOYEE) WHOLESALE 1386 SF. 2 1 PER 1000 SF.) STORAGE 1400 SF. 0 -- VEHICLES/EMPLOYEES / COMPANY VANS 2 2 1 PER VEHICLE) OTHER EMPLOYEES 8 4 �1/2 PER EMPLOYEE) T� A 50 TOTAL SPACES REQUIRED a N/F o6015, 6Qv REALTY LSON Y CORP. I (3 PARKING SPACES DESIGNATED THUS a� 9.9 ARE FOR LANDRI & ARCARI b L c. o C'5&s D N62'18'45"E FOUNDATION R=575.60 3B "s 3 as 61.67 GATE L=51.90' w 6� �OD a.o3 ® 189 _ I \x ,r BNSpCRT^ � GATE 8 s� N677g'45`E PAVEMENT `` g.3\ 9 ^ nO P M v:6 ---- _ _ + N GRANITE WALL 262.51' -- `GATE \ \��r N AU�HpR/TY Z 9.33' i 1,7 S63'14'08" 9DO B Ds 9 x� ��cyr SH11"k 9�`` Former/y, Boston & Moine °F8qy 8 y 30E \ v v RR, SHED z N69Salem & Lawren ce Branch YMETAL BUILDING SHOWN 179. 5 r fJ? — _ ocGRN E ------ NETE =� T?pio EgNTRAC — To Saleme:i7 �A -- CAL)AREA RIGHT 4 �_ 58'18'04"E WA Y Al8 a�� —�--- � I I 19Y 83,126f SF. �a�' _._. N 3j• , 0/ Nor sHowN u' I I I — ?9 '0 �% 6' 7» I I I '—_ � 3.00' 17 f N62' Tl 27 E O O• e n v.: I I a. z 11 80 e I I I l 6'� M , sp \ 'S B1TLMINOUS PAVEMENT d z STORY METAL BUILDING vH L[4E ��i: = _-._ BPLANjIN 62_ 0 e� �/ MH I I - 8 I I 9e. 0.03 EXISTING I I t� a MH \ aYa I I e.�,y PROPOSED STRIP p,� HP ARKING SP CE — I ✓, I I I G I I I I NG 9•.a I i J� a.0v I FOOT FENCEI I I g r. ----- 9.5 7 III r li o 7.83 �� I �tp , TOP OF CONCRETE I 12 .9.,9 �- 5.,, -� II B 111 MI NOUS PAVEMENT CANAL WALL PROP SED esI i gyp- �a a av 9 z. 441.51• STR I NG sWt s. •\ V S66'44'38`W e 7Z e�� � 90 "' e.Ia —� PLANTING -- WALK 90� 4q4'"��•W 'CONCR ��` 54 NOrtij _\— 8 as HED e �° River - — L�223.07 Nf� CRUS Can a/ (Tidal) -� z=_ — — —s eD (PNCE STONE R-620-00 ANO q.0 LL e DRIDGE STREET., GENERAL NOTES SITE DEVELOPMENT PERMIT PLAN 1) THIS PLAN 1S THE RESULT OF AN ON THE GROUND FIELD NOTES: 63 FLINT STREET SURVEY AND PUBLIC AND PRIVATE PLANS. 1. ZONING DISTRICT INDUSTRIAL 2) U77LI77ES SHOWN ARE BASED UPON FIELD SURVEY AND 2• ASSESSORS MAP PARCEL 1 L E G E N D SALEM ,, MASSACHUSETTS RECORD PLANS AND ARE NOT NECESSARILY INDICA77VE OF J. RECORD OWNER: ALLIED REALTY TRUST OF SALEM 4. DEED REFERENCE. BOOK 11892 PAGE 218 O TMH EXISTING TELEPHONE MANHOLE UNDERGROUND CONDITIONS. 5. PLAN REFERENCE: PLAN BOOK 265 PLAN 42 o SMH EXISTING SEWER MANHOLE o DMH EXISTING DRAIN MANHOLE 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND osa EXISTING HYDRANT® EXISTING CATCH BASIN PreparedP For. Prepared By. DETERMINING THE LOCA77ON, SIZE AND ELEVA77ON OF ALL EXISTING WATER GATE Allied Realty Trust Eastern Land Survey Assoc., Inc. EXIS77NG UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, — — 100 — EXISTING CONTOUR 18 Crowninshle/d St. Christopher R. Mello P.L.S. PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED 100.00 EXISTING SPOT GRADE 104 Lowell St, PeabodyMA 01960 IN WRI77NG OF ANY U77LI77ES FOUND INTERFERING WITH THE a UTILITY POLE Peabody MA 01960 �� LIGHT ON POST (978) 531-81211 PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION o HH HANDHOLE BEFORE RETAINING WALL ;. %^h. ..+� 44 SCALE. PROCEEDING WITH THE WORK. 000000000 STONE WALL 1,. a 30, a �Eo,tasa,�* 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS FErRicE AND 774E RESULTS OF A FIELD SURVEY AS OF THIS DATE _ _ a; t rc NO CER77FICA77ON IS INTENDED AS TO PROPERTY T77LE x — . ---- .- ---- Q ` f��`3��7'n OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED 0 15� 30 60 90 EASEMENTS DA TF � . .:. MARCH 31, 2005 Christopher R. Mello x PLS 31317 REVISIONS F 14097 MA Y 10, 2005