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207 HIGHLAND AVENUE - ZBA (2)
X0-7 �t��H\�nc� �v� • (z��o� i .�oNDITq.� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL m 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS O 1970 Fn TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL 2011 DEC Lib A it: 10 MAYOR December 28, 2010 Decision City of Salem Zoning Board of Appeals Petition of COMMUNITY HEALTH CARE, INC. (owner) and HEALTH CARE RESOURCES, INC. (lessee), seeking a Special Permit for the operation of a medical clinic (methadone center) on the property located at 207 HIGHLAND AVENUE [13- 2 Zoning District]. A public hearing on the above Petition was opened on September 15, 2010 pursuant to Mass General Law Ch. 40A, § 11. The hearing was continued to November 17, 2010 and December 15, 2010. The hearing was closed on December 15, 2010 with the following Zoning Board of Appeals members present: Robin Stein, Rebecca Curran, Richard Dionne, Elizabeth Debski, James Tsitsinos (alternate), and Bonnie Belair (alternate). Petitioner seeks a Special Permit pursuant to Section II 3.0 (B) of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney John R. Keilty represented the petitioner at the hearing. 2. In a petition date-stamped August 26, 2010, petitioner Community Health Care, Inc. (Operator) and Health Care Resources, Inc. (Lessee) requested a Special Permit under Section 11 3.0 (B) of the Salem Zoning Ordinances to allow a medical clinic within the Business Highway Zoning District. 3. The petition states that the property is owned by Hillcrest Realty Trust H(Ralph Cel-undolo, Trustee), who submitted a letter with the petition authorizing Attorney Keilty to execute the Special Permit on behalf of the petitioner. 4. The proposed medical clinic, a methadone center, is proposed to be located in a portion of the vacant building that formerly housed an auto dealership at 207 Highland Avenue. No exterior construction is proposed. 5. At the hearing on September 15, 2010, numerous members of the public spoke in opposition to the proposal, citing concerns about crime and traffic negatively impacting the nearby residential neighborhoods. Other concerns expressed by members of the public were the proximity of the facility to the nearby schools, potential dangers of clients driving after having received methadone doses, and 2 negative effects on the area's economy if the center's presence discouraged patronage of local businesses. 6. Also at the September 15, 2010 hearing, one member of the public spoke in support of the petition, citing the need to provide treatment for drug addicts. 7. In response to resident comments, Board members requested additional information of the petitioner, including a traffic study, the Activity and Use Limitation and cleanup documentation for the property, and information demonstrating the need for a methadone clinic in Salem. Board members also said they wished to hear feedback from the Salem Police, Fire and School Departments. S. The hearing was continued to November 17, 2010 and then to December 15, 2010. 9. Fifteen individuals and/or households submitted letters to the Board in opposition to the project. 10. The Board received four letters in support of the project. 11. The Board received feedback on the plans from Lieutenant Erin Griffin, Fire Marshall, and Chief of Police Paul Tucker. The Board also received a traffic study completed by the applicant. 12. At the December 15, 2010 hearing, numerous members of the public again spoke in opposition to the proposal, including City Councillors Steven Pinto, Thomas Furey, Arthur Sargent, Robert McCarthy, Jean Pelletier, Jerry Ryan, John Ronan, and Paul Prevey. 13. At the December 15, 2010 hearing, the Board also reviewed information submitted by the petitioner documenting the number of people in Salem currently served by clinics on neighboring communities. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: I. The Special Permit cannot be granted without substantial detriment to the surrounding neighborhood; while the need for a methadone clinic exists for a small number of residents, this benefit does not outweigh the negative impacts that would be imposed on the adjacent residential area. Such negative impacts include greatly increased traffic on First Street and other local roadways. The Board specifically cited, as an example, the applicant's projection that 26% of the 300 expected clients would arrive during a morning peak hour of 7:30 to 8:30, and during this time the projected number of right-hand turns from Highland Avenue to First Street would go from 20 to 77 turns during weekday peak morning hours (7:30 3 a.m. to 8:30 a.m.). This represents more than triple the projected number of turns in the no-build scenario. The Board noted that this specific increase, in addition to other increases in traffic on local roads, would pose a danger to pedestrian children walking to school, since the facility's peak hours would coincide with the opening hours of three schools in close proximity to the site. In addition to the increased traffic during peak hours, the Board was concerned that the remaining 74% of the facility's expected business, which was expected to occur by 11 :00 a.m., would also pose traffic problems on local roads. The Board also noted that parking Would be problematic since such a large proportion of clients would be arriving around the same time. 2. The Board finds that the use would not be harmonious with the residential character of the adjacent neighborhood. 3. The Board also noted that the location on Highland Avenue would be better suited for retail and other business uses that would enhance the adjacent neighborhood and serve a greater number of residents. On the basis of the above findings and all evidence presented at the public hearing including, but not limited to, the Plans,Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Pennit to allow a medical clinic in the Business Highway Zoning District is not granted. In consideration of the above, the Salem Board of Appeals voted 5-0 (Stein, Curran, Debski, Dionne and Tsitsinos) opposed to the petition. The petition is denied. Elizabeth Debski Salem Board of Appeals A COPY OP THIS DECISION IIAS BEEN PILED WITII THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. Civil Action No. COMMUNITY HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., Plaintiffs vs. AFFIDAVIT OF NOTICE ROBIN STEIN, RICHARD DIONE, ELIZABETH DEBSKI, ANNIE HARRIS, REBECCA CURRAN, BONNIE BELAIR and JAMES TSITSINOS, as they are the Members of the City of Salem Zoning Board of Appeal, Defendants Now comes John R. Keilty, Esq., of 40 Lowell Street, Peabody, Massachusetts 01960, and states as follows: 1. That I am the attorney of record for the plaintiffs, COMMUNITY'HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., in the above-entitled matter. 2. That on January '72011, a Notice of Appeal and a copy of the Complaint filed with the Superior Court Department, was filed with the City Clerk's Office for the City of Salem, Massachusetts. A copy of said Notice of Appeal and Complaint, served upon the City Clerk of the City of Salem as indicated by the Return of Service, is attached hereto as Exhibit A. 3. That the City Clerk's Office for the City of Salem, Massachusetts, has been put on no- tice of said appeal. I Signed under the pains and penalties of perjury this day of January, 2011. Jo ei ty, Es . O 64360 owell Street Peabody, MA 01960 Tel: 978.53 1.7900 2 TRIAL COURT OF MASSACHUSETTS CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT DOCKET NO. =Robin in, at als as they are the PLAINTIFF(S)Communitthe y Health CaRobers®of the et Clty of Slls theyam areZoning and Health Care Resoof Appeals Type Plaintiff's Attorney name,Address, City/State/Zip Type Defendant's Attorney Name, Address, City/State/Zip Phone Number and BBO# Phone Number(If Known) John R. Keilty, Esquire (978) 531-7900 Elizabeth M. Rennard, Esquire 40 Lowell Street Salem City Hall Peabody, MA 01960 93 Washington Street BBO#264360 Salem, MA 03970 978 745-9595 TYPE OF ACTION AND TRACK DESIGNATION(See reverse side) CODE NO. TYPE OF ACTION(specify) TRACK IS THIS A JURY CASE? CO2 Zoning Appeal O L c 40A- Fast Track ] Yes ] No The following is a full,itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form,disregard double or treble damage claims; indicate single damages only. T RT LAIM A. Documented medical expenses totdate:ad PT —RT s eels as necessary) 1. Total hospital expenses $ 2. Total doctor expenses $ 3. Total chiropractic expenses $ 4. Total physical tberap expenses $ 5. Total other expenses t(describe) $ B. Documented lost wages and compensation to date Subtotal $ C. Documented property damages to date $ D. Reasonably anticipated future medical expenses $ E. Reasonably anticipated lost wages and compensation to date $ F. Other documented items of damages(describe) G. Brief description of plaintiffs injury, $ P P � ry,iucludiag nature and extent of injury (describe) Total$ CON'T'RACT CLAIMS (Attach a ltit I eets as necessary) Provide a detailed description of clalm(s): Not Applicable TOTAL $............... PLEASE IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT Not Applicable "I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC Rule 1:18)requiring that 1 provide my clients with information abou ourt-connected dispute resolution services and discuss with them the advantages and disadvantages of the vario s me Signature of Attorney of Record Date: January ,2011 A.O.S.C.3-2007 - CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE * CONTRACTS ' REAL PROPERTY MISCELLANEOUS A01 Services,Labor and Materials F) C01 Land Taking(eminent domain) (F)FGenernal eal from Administrative A02 Goods Sold and Delivered (F) CO2 Zoning Appeal,G.L.c.40A (X) A03 Commercial Paper (F) CO3 Dispute concerning title IF) ncy G.L.C.JOA A09 Sale or Lease of Real Estate (F) C04 Foreclosure of mortgage (X) s against Commonwealth Al2 Construction Dispute (A) C05 Condominium Llen 8 Charges (X) unicipality (A) A99 Other(Specify) (F) C99 Other(Specify) (F) firmation of Arbttntlon AwaMs (X) E03 Claims against Commonwealth (A) E03 Claims agelnet Commonweakh (A) c.112,9.12S(Mary Moe) (X) ointment of Receiver X or Municipality or Municipality enl Contractor bond, ( )EQUITABLE REMEDIESc.149,se.29,29a (A) 'TORT D01 Specific Performance of Contract (A) E11 Worker's Compensation (X) 803 Motor Vehicle Negligence (F) D02 Reach and Appy (F) E12 G.L.c.121A,s.12(SDP Commitment) (X) personal Injury/properly damage DOS Contribution or Indemnification (F) E14 G.L.c.123A,a.9(SDP Petition) 804 Other Negligence. (F) D0g Imposition Stockholder's Suit (A) E15 Abuse Petition,G.L.c.209A (X) personal Injury/property damage (A) E16 Auto Surcharge Appeal (X) B05 Products Liability (A) 010 Accounting (A) E17 Civil Rights Act,G.L.c.12,e.11H (A) D12 Dissolution of Partnership (F) 808 Malpractice-Madlcal. (A) 013 Declaratory Judgment G.L.c.231A (A) E78 Foreign Discovery Proceeding (X) B07 Malpractice-Other(Specify) (A) DOB Other(Specify) (F) E19 Sex Offender Registry G.L.c.178M, BOB Wrongful Death,G.L.c.229,s.2A(A) 9.6 (X) B15 Defamation(Libel-Slander) (A) E25 Plural Registry(Asbestos cases) 819 Asbestos (A) E95 "Forfeiture G.L.C.94C,a.47 (F) B20.Personal Injury.slip d fall (F) E96 Prisoner Cases lFl B21 Environmental (F) E97 Prisoner Habeas Corpus (X) B22 Employment Discrimination (F) E99 Other(Specify) (X) 899 Other(Specify) (F) E03 Claims age net Commonwealth (A) `Claims against the Commonwealth or a municipality are type E03, Average Track, cases. "Claims filed by the Commonwealth pursuant to G L c 94C, s 47 Forfeiture cases are type E95, Fast track. TRANSFER YOUR SELECTION TO THE FACE SHEET. EXAMPLE: CODE NO. TYPE OF ACTION(SPECIFY) TRACK IS THIS A JURY CASE? B03 Motor Vehicle Negligence-Personal Injury (F) [X]Yes [ ] SUPERIOR COURT RULE 29 DUTY OF THE PLAINTIFF.The plaintiff or his/her counsel shall set forth,on the face sheet(or attach additional sheets as necessary),a statement specifying in full and itemized detail the facts upon which the plaintiff then relies as constituting money damages.A copy of such civil action cover sheet,including the statement as to the damages,shall be served on the defendant together with the complaint.If a statement of money damages,where appropriate Is not filed,the Clerk-Magistrate shall transfer the action as provided In Rule 29(5)(C). DUTY OF THE DEFENDANT.Should the defendant believe the statement of damages filed by the plaintiff in any respect inadequate,he or his counsel may file with the answer a statement specifying in reasonable detail the potential damages which may result should the plaintiff prevail.Such statement,if any,shall be served with the answer. A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMPLAINT. FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. Civil Action 011 "'I ! C A It: 32 No. COMMUNITY HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., Plaintiffs VS. NOTICE OF APPEAL ROBIN STEIN, RICHARD DIONE, ELIZABETH DEBSKI, ANNIE HARRIS, REBECCA CURRAN, BONNIE BELAIR and JAMES TSITSINOS, as they are the Members of the City of Salem Zoning OD Board of Appeal, Defendants Notice is hereby given pursuant to Mass.Gen.L. Chapter 40A, Section 17, that an Appeal has been filed with the Superior Court Department on January 011, appealing a Decision of the City of Salem Zoning Board of Appeal dated and filed on December 28, 2010. Said Decision denied plaintiffs' application for a special permit to operate an out= patient methadone clinic on the premises known and numbered as 207 Highland Avenue, Salem, MA. A copy of the complaint is annexed hereto. COMMUNITY HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., Plaintiffs By Their Attorney i J R eilty, Esq. B -264360 IN THE SUNe:�uoR COURT OWell Street FOR THE COUNIY OF ESSEX Peabody, MA 01960 JAN 14 2011 Tel: 978.531.7900 j CI FRK 1 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. Civil Action No. COMMUNITY HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., Plaintiffs VS. COMPLAINT ROBIN STEIN, RICHARD DIONE, ELIZABETH DEBSKI, ANNIE HARRIS, REBECCA CURRAN, BONNIE BELAIR and JAMES TSITSINOS, as they are the Members of the City of Salem Zoning Board of Appeal, Defendants INTRODUCTION 1. This is a complaint under Mass.Gen.L. c. 40A, sec. 17 for judicial review of a Decision of the Zoning Board of Appeal of the City of Salem, Massachusetts, which denied the plaintiffs' application for a Special Permit. A certified copy of the decision is annexed hereto a Exhibit A. PARTIES 2. Plaintiff, Community Heath Care, Inc., is a Massachusetts Corporation doing business within this Commonwealth as the operator of outpatient substance abuse clinics and hav- ing a principal place of business at 68 Center Street, Chicopee, MA 01013; said plaintiff is the owner of a parcel of land known and numbered as 207 Highland Avenue, Salem, MA 01970. 1 3. Plaintiff, Health Care Resources, Inc., is a Massachusetts Corporation doing business within this Commonwealth as he operator of outpatient substance abuse clinics and hav- ing a principal place of business at 125 North Elm Street, Westfield, MA 01085; said plaintiff is the lessee of a parcel of land known and numbered as 207 Highland Avenue, Salem, MA 01970. 4. The defendants are the members of the City of Salem Zoning Board of Appeal, and their respective names and addresses are the following: Robin Stein, 141 Fort Avenue, Salem, MA 01970 Richard Dione, 23 Gardner Street, Salem, MA 01970 Elizabeth Debski, 43 Calumet Street, Salem, MA 01970 Annie Harris, 28 Chestnut Street, Salem, MA 01970 Rebecca Curran, 14 Clifton Avenue, Salem, MA 01970 Bonnie Belair, P.O. Box 685, Salem, MA 01970 James Tsitsinos, 6C Wharf Street, Salem, MA 01970. FACTS 5. The locus is situated in a Business-2 (`B-2") Zoning District. 6. Plaintiffs applied for a Special Permit to operate an outpatient methadone clinic on the locus. 7. In a Decision dated December 28, 2010, and filed with the City Clerk's office the same day, the Board voted to DENY the plaintiffs' application. 8. Plaintiffs are aggrieved by the Board's said Decision. 2 CAUSE OF ACTION: JUDICIAL REVIEW UNDER MASS.GEN.L. CH. 40A, SEC. 17 9. Plaintiffs incorporate by reference and here re-allege paragraphs 1-8 hereof, supra. 10. Said Decision is in excess of the Board's authority, is unsupported by the evidence, is legally untenable, is whimsical, arbitrary and capricious, and/or is otherwise unlawful. WHEREFORE, the plaintiffs demand judgment: (i) determining that Decision of the defendant City of Salem Zoning Board of Appeal is in excess of the Board's authority, is unsupported by the evidence, is legally untenable, is whimsical, arbitrary and capricious, and/or is otherwise unlawful; (ii) annulling the decision of the defendant City of Salem Zoning Board of Appeal; (iii) remanding this matter to the defendant City of Salem Zoning Board of Appeal with instructions to give new public notice, hold a new public hearing, reconsider and re-vote on the plaintiffs' application for a Special Permit; and (iv) awarding the plaintiffs such other and further relief as may be appropriate. COMMUNITY HEALTH CARE, INC. and HEALTH CARE RESOURCES, INC., Plaintiffs By Their Attorney i Jo � , Es . O 264360 ow Street Peabody, MA 01960 Tel: 978.531.7900 3 Exhibit "A" CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 /� MAYOR Hen r-�j =4 A December 28, 2010 Decision City of Salem Zoning Board of Appeals Petition of COMMUNITY HEALTH CARE, INC. (owner) and HEALTH CARE RESOURCES, INC. (lessee), seeking a Special Permit for the operation of a medical clinic (methadone center) on the property located at 207 HIGHLAND AVENUE [13- -�2 Zoning Districtf. A public hearing on the above Petition was opened on September 15, 2010 pursuant to 'lass General Law Ch. 40A, § 11. The hearing was continued to November 17, 2010 and December 15, 2010. The hearing was closed on December 15, 2010 with the following Zoning Board of Appeals members present: Robin Stein, Rebecca Curran, Richard Dionne, Elizabeth Debski, James Tsitsinos (alternate), and Bonnie Belair(alternate). Petitioner seeks it Special Permit pursuant to Section 113.0 (B) of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney John R. Keilty represented the petitioner at the hearing. 2. In a petition date-stamped August 26, 2010, petitioner Community Health Care, Inc. (Operator) and Health Care Resources, Inc. (Lessee) requested a Special Permit under Section 113.0 (B) of the Salem Zoning Ordinances to allow a medical clinic within the Business Highway Zoning District. 3. The petition states that the property is owned by Hillcrest Realty Trust II (Ralph Ccrundolo, Trustee), who submitted a letter with the petition authorizing Attorney Keilty to execute the Special Permit on behalf of the petitioner. 4. The proposed medical clinic, a methadone center, is proposed to be located in a Portion ofthe vacant building that formerly housed an auto dealership at 207 highland AvcllUc. No exterior construction is proposed. 5. Al the hearing on September I>, 2010, numerous members of the public spoke in opposition to the proposal, citing concerns about crime and traffic negatively impacting the nearby residential neighborhoods. Other concerns expressed by members of the public were the proximity of the facility to the nearby schools, potential dangers of clients driving after having received methadone doses, and negative effects on the area's economy if the center's presence discouraged patronage of local businesses. 6. Also at the September 15, 2010 hearing, one member of the public spoke in support of the petition, citing the need to provide treatment for drug addicts. 7. In response to resident comments, Board members requested additional information of the petitioner, including a traffic study, the Activity and Use Limitation and cleanup documentation for the property, and information demonstrating the need for a methadone clinic in Salem. Board members also said they wished to hear feedback from the Salem Police, Fire and School Departments. 8. The hearing was continued to November 17, 2010 and then to December 15, 2010. 9. Fifteen individuals and/or households submitted letters to the Board in opposition to the project. 10. The Board received four letters in support of the project. 11. The Board received feedback on the plans from Lieutenant Erin Griffin, Fire Marshall, and Chief of Police Paul Tucker. The Board also received a traffic study completed by the applicant. 12. At the December 15, 2010 hearing,`numerous members of the public again spoke in opposition to the proposal, including City Councillors Steven Pinto, Thomas Furey, Arthur Sargent, Robert McCarthy, Jean Pelletier, Jerry Ryan, John Ronan, and Paul Prevey. 13. At the December 15, 2010 hearing, the Board also reviewed information submitted by the petitioner documenting the number of people in Salem currently served by clinics on neighboring communities. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and atter thorough review of the plans and petition submitted, makes the following findings: I . The Special Permit cannot be granted without substantial detriment to the surrounding neighborhood; while the need for a methadone clinic exists for a small number of residents, this benefit does not outweigh the negative impacts that would be imposed on the adjacent residential area. Such negative impacts include greatly increased traffic on First Street and other local roadways. The Board specifically cited, as an example, the applicant's projection that 26% of the 300 expected clients would arrive during a morning peak hour of 7:30 to 8:30, and during this time the projected number of right-hand turns from Highland Avenue to First Street would go from 20 to 77 turns during weekday peak morning hours (7:30 3 a.m. to 3:30 a.m.). This represents more than triple the projected number of turns in the no-build scenario. The Board noted that this specific increase, in addition to other increases in traffic on local roads, would pose a danger to pedestrian children walking to school, since the facility's peak hours Would coincide with the opening hours of three schools in close proximity to the site. In addition to the increased traffic during peak hours, the Board was concerned that the remaining 74% of the facility's expected business, which was expected to occur by 11:00 a.m., would also pose traffic problems on local roads. The Board also noted that parking would be problematic since such a large proportion of clients would be arriving around the same time. 2. The Board finds that the use would not be harmonious with the residential character of the adjacent neighborhood. 3. The Board also noted that the location on Highland Avenue would be better suited for retail and other business uses that would enhance the adjacent neighborhood and serve a greater number of residents. On the basis of the above findings and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit to allow a medical clinic in the Business Highway Zoning District is not granted. In consideration of the above, the Salem Board of Appeals voted 5-0 (Stein, Curran, Debski, Dionne and Tsitsinos) opposed to the petition. The petition is denied. t� 1 , Elizabeth Debski ' Salem Board of Appeals A COPY OF'111IS DECISION I IAS BEEN i'ILED Willi THE PLANNING BOARD AND THE C'rrY CLERK Appeal tium this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be tiled within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been tiled with the Essex South Registry of Deeds. A TRUE COPY ATTEST i COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX,ss. Civil Action No.2011-00088C COMMUNITY HEALTH CARE,INC.and HEALTH CARE RESOURCES,INC.,Plaintiffs vs. AMENDMENT TO COMPLAINT ROBIN STEIN, RICHARD DIONE,ELIZABETH DEBSKI,ANNIE HARRIS,REBECCA CURRAN, BONNIE BELAIR and TAMES TSITSINOS,as they are the Members of the City of Salem Zoning Board of Appeal, and the CITY OF SALEM, Defendants CAUSES OF ACTION AGAINST DEFENDANT CITY OF SALE COUNT TWO: VIOLATION OF TITLE TI OF THE AMERICANS WITH DISABILITIES ACT,42 U.S.C. 12131,E'T SEQ. 11.The new defendant is the CITY OF SALEM,a Massachusetts Municipal Corporation having a usual place of business at City Hall, 93 Washington Street, Salem, Massachu- setts 01970. 12.Plaintiff's incorporate by reference and here re-allege paragraphs 1-8,supra. P I o ' 13.The plaintiff's have standing to bring this action, and do bring this action,on behalf of their patients and potential patients who are persons with known physical and/or mental disabilities,to wit: drug abuse,that substantially limit one or more of their major life ac- tivities. 14,In May/lune of 2010 the plaintiffs submitted a lawful application for a Building Per- mit so.that they could renovate the building at 144 Canal Street, Salem, Massachusetts, for the purpose of operating a methadone clinic at that address. 15.The locus known as 144 Canal Street, Salem,Massachusetts, is in the Industrial Zone and at the time that the plaintiffs submitted their application for a Building Permit a methadone clinic could be lawfully operated on the locus without the necessity of obtain- ing a variance, Special Permit or other zoning relief. 16.When news of the plaintiffs'intent to operate a methadone clinic at 144 Canal Street, Salem,Massachusetts,reached the public,there was a public outcry against the proposal. 17. In response to the public outcry,the defendant CITY OF SALEM, by and through its City Council and Mayor, amended its Zoning Ordinance to require that a "Medical Clinic," which would include the plaintiffs'proposed methadone clinic, cannot be oper- ated without a Special Permit.A copy of the Amendment is annexed hereto as Exhibit B. 18. The action of the defendant, CITY OF SALEM, in so amending its Zoning Ordi- nance, unlawfully discriminated against otherwise qualified individuals, namely metha- done patients, solely on the basis of their handicap,by excluding them from participating in, and benefitting from,the plaintiffs'services as a methadone clinic,in violation of Title 11 of the Americans With Disabilities Act. 2 WHEREFORE,the plaintiffs pray for the following relief: L For a Temporary Restraining Order prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein,their agents, employees and servants, any requirement that they obtain a Special Permit, Variance or other zoning relief as a condition, precedent or otherwise,to their operation of a metha- done clinic at any locus where no such requirement applied prier to May of 2010. IL For a Preliminary Injunction prohibiting the defendant, CITY OF SALEM,its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. 111.For a Permanent Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 201.0. IV. For Judgment against the defendant, CITY OF SALEM, for compensatory damages, punitive damages, interest,costs and attorney's fees. V.For such other and further relief as maybe appropriate. 3 COUNT TBREE:VIOLATION OF SECTION 504 OF TI11F' REHABILITATION ACP OF 1973,29 U.S.C.794 19.Plaintiffs incorporate by reference and here re-allege paragraphs 11-17,supra. 20. The action of the defendant, CITY OF SALEM, in so amending its Zoning Ordi- nance, unlawfully discriminated against otherwise qualified individuals, namely metha- done patients,solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Section 504 of the Rehabilitation Act of 1973. WI3EREFORE,the plaintiffs pray for the following relief I. For a Temporary Restraining Order prohibiting the defendant, CITY OF SALEM, its agents,employees and servants, from enforcing against the plaintiffs herein, their agents, employees and servants, any requitement that they obtain a Special Permit, Variance or other zoning relief as a condition,,precedent or otherwise, to their operation of a metha- done clinic at any locus where no such requirement applied prior to May of 2010. II. For a Preliminary Injunction prohibiting the defendant, CITY OF SALEM,its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants,any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. III.For a Permanent Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. 4 f IV. For Judgment against the defendant, CITY OF SALEM, for compensatory damages, punitive damages,interest, costs and attorney's fees. V.For such other and further relief as may be appropriate. COUNT FOUR:VIOLATION OF THE FEDERAL CIVIL RIGHTS ACT,42 U.S.C. 1983 21.Plaintiffs incorporate by reference and here re-allege paragraphs 11-17,supra. 22. The action of the defendant, CITY OF SALEM, in so amending its Zoning Ordi- nance,unlawfully discriminated, under color of authority, against otherwise qualified in- dividuals,namely methadone patients, solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of the Federal Civil Rights Act. WHEREFORE, the plaintiffs pray for the following relief: 1. For a Temporary Restraining Order prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, employees and servants, any requirement that they obtain a Special Permit, Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a metha- done clinic at any locus where no such requirement applied prior to May of 2010. 11. For a Preliminary Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, era- ployees and servants,any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. 5 of Risk Strategies uc Insurance and Risk Management Solutions III.For a Permanent Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and se wants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. IV, For Judgment against the defendant,CITY OF SALEM, for compensatory damages, punitive damages, interest, costs and attorney's fees. V.For such other and further relief as may be appropriate. COUNT FIVE:VIOLATION OF THE MASSACHUSETTS EQUAL RIGHTS ACT,MASS.GEN.L. CH.93,SEC. 103 23.Plaintiffs incorporate by reference and here re-allege paragraphs 11-17,supra. 24. The action of the defendant, CITY OF SALEM:, in so amending its Zoning Ordi- nance, unlawfully discriminated,under color of authority, against otherwise qualified in- dividuals,namely methadone patients,solely on the basis of their handicap,by excluding them from participating in, and benefitting front, the plaintiffs' services as a methadone clinic,in violation of the Massachusetts Equal Rights Act. WHEREFORE, the plaintiff's pray for the following relief: L For a Temporary Restraining Order prohibiting tare defendant, CITY OF SALEM, its agents, employees and servants,from enforcing against the plaintiffs herein,their agents, employees and servants, any requirement that they obtain a Special Permit, Variance or other zoning relief as a condition,precedent or otherwise, to their operation of a metha- done clinic at any locus where no such requirement applied prior to May of 2010. 6 12 Gill Street- Suite 1600 • Woburn, MA 01801-1728 • Telephone: 800.222.5963 • Fax:781.376.9907 64 Bridge Street• Salem, MA 01970-4131 • Telephone:978.745.6850 ° Fax: 978.744.9898 www.cabotrisk..com 1� V 7■r,��■ IV® �1Sk StI Lgies LLC Insurance and Risk Management Solutions II. For a Preliminary Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. III.For a Permanent Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. IV.For judgment against the defendant, CITY OF SALEM, for compensatory damages, punitive damages, interest,costs and attorney's fees. V.For such other and further relief as maybe appropriate. COUNT SIX:FOR DECLARATORY AND INJUNCTIVE RELIEF,MASS.GEN.L. CH.231A:VIOLATION OF ARTICLE 114 OF THE AMENDMENTS TO THE MASSACHUSETTS CON'STITUT'ION 2$.Plaintiffs incorporate by reference and here re-allege paragraphs 11-17,supra. 26. The action of the defendant, CITY OF SALEM, in so amending its Zoning Ordi- nance, unlawfully discriminated, against otherwise qualified individuals, namely metha- done patients, solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Ar- ticle 114 of the Amendments to the Massachusetts Constitution. 7 12 Gill Street• Suite 1600• Woburn, MA 01801-1728 • Telephone: 800.222.5963 Fax: 781.376.9907 64 Bridge Street• Salem, MA 01970-4131 • Telephone: 978.745.6850 • Fax: 978.744.9898 www.cabotrisic.com 4QCAbot Risk Sti;kegies LLc Insurance and Risk iManagnw.nt Solutions 27.A genuine dispute exists between the parties as to whether the action of the defendant, CITY OF SALEM, in so amending its Zoning Ordinance, unlawfully discriminated, against otherwise qualified individuals,namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plain- tiffs'services as a methadone clinic,in violation of Article 114 of the Amendments to the Massachusetts Constitution. 28.All persons having an interest in the subject matter hereof have been made parties to this action. WHEREFORE,the plaintiffs pray for the following relief. I. For a Temporary Restraining Order prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, fi-om enforcing against the plaintiffs herein,their agents, employees and servants, any requirement that they obtain a Special Permit, Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a,metha- done clinic at any locus where no such requirement applied prior to May of 2010. II.For a Preliminary Injunction prohibiting the defendant, CITY OF SALEM,its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. M. For a Permanent Injunction prohibiting the defendant, CITY OF SALEM, its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants,any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. 8 Y 12 Gill Street-Suite 1600•Woburn, MA 01.801-1728•Telephone: 800.222.5963 •Fax: 781-376.9907•www.cabotrisk.com III ®t Risk Strategies LLc Insurance and Risk Management Solutions IV. For a Declaratory judgment against the defendant, CITY OF SALEM, holding that the action of the defendant, CITY OP SALEM,in so amending its Zoning Ordinance,un- lawfully discriminated, against otherwise qualified individuals, namely methadone pa- tients,solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Mass.Gen.L, c.40A, see. 3 (4th paragraph). V. For such other and further relief as may be appropriate. COUNT SEVEN: FOR DECLARATORY AND INJUNCTIVE RELIEF, MASS.GEN.L.CH.231A:VIOLATION OFMASS.GEN.L. CH.40A,SEC.3(4TH PARAGRAPH) 29.Plaintiffs incorporate by reference and here re-allege paragraphs 11-17,supra. . 30. The action of the defendant, CITY OF SALEM, in so amending its Zoning Ordi- nance, unlawfully discriminated, against otherwise qualified individuals, namely metha- done patients,solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Mass.Gen.L.c. 40A,sec. 3 (4th paragraph). 31.A genuine dispute exists between the parties as to whether the action of the defendant, CITY OF SALEM, in so amending its Zoning Ordinance, unlawfully discriminated, against otherwise qualified individuals,namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plain- tiffs'services as a methadone clinic,in violation of Mass.Gen.L. c, 40A,sec. 3 (4th para- graph) 9 12 Gitl Street-Suite 1600•Wobum,MA 01801-1728•Teleplione: 800.222.5963 •Fax: 781.376.9907,www.cabotrisk.com e. qW,abot Risk Str if gies LLc Insurance and Risk Management Solutions 32.All persons having an interest in the subject matter hereof have been made parties to this action. WHEREFORE,the plaintiffs pray for the following relief I. For a Temporary Restraining Order prohibiting the defendant, CITY OF SALEM, its agents,employees and servants, from enforcing against the plaintiffs herein,their agents, employees and servants, any requirement that they obtain a Special Permit, Variance or other zoning relief as a condition, precedent or otherwise,to their operation of a meths- done clinic at any locus where no such requirement applied prior to May of 2010. II. For a Preliminary Injunction prohibiting the defendant,CITY OF SALEM,its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, em- ployees and servants,any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. III. For a Permanent Injunction prohibiting the defendant, CITY OF SALEM,its agents, employees and servants, from enforcing against the plaintiffs herein, their agents, etn- ployees and servants, any requirement that they obtain a Special Permit,Variance or other zoning relief as a condition, precedent or otherwise, to their operation of a methadone clinic at any locus where no such requirement applied prior to May of 2010. IV. For a Declaratory Judgment against the defendant, CITY OF SALEM, holding that the action of the defendant, CITY OF SALEM,in so amending its Zoning Ordinance,un- lawfully discriminated, against otherwise qualified individuals, namely methadone pa- tien%solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in . violation. of Mass.Gen.L.c.40A,sec. 3 (4th paragraph). 10 12 Gill Street^Suite 1600-Wobum,MA 01801-1728•Telephone:800.222.5963 ^Fax: 781.376.9907•www.cabotrisk.com _ ®t Risk Strategies uc Iresurant:e and Risk Management Solutions V.For such other and further relief as may be appropriate. AI) ITIONAL CAUSESOFACTIONAGAIN$TDEMMANT CITV OF SALE,M MNINC BOARD Oji AFZEALS COUNT FIGHT: VIOLATION OF TITLE H OF THE AMERICANS WITH DISABILITIES ACT,42 U.S.C.12131,ET 6&Q. 33.Plaintiffs incorporate by reference and here re-allege.paragraphs 1-4,supra. 34.The plaintiffs have standing to bring this action,and do bring this action, on behalf of their patients and potential patients who are persons with known physical and/or mental disabilities,to wit: drug abuse,that substantially limit one or more of their major life ac- tivities, 35.In September of 2010 the plaintiffs submitted a lawful application for a Special Per- mit so that they could operate a methadone clinic at the locus known and numbered as 20713igblandAvenue, Salem,Massachusetts. 36, Said locus is situated in a Business-2 ("13-2") Zoning District, and medical clinics, which would include the plaintiffs' proposed methadone clinic, are allowed therein by Special Permit, 37. In fact, there are very many medical clinics and medical uses in and about the Business-2(`B-2")Zoning District,and in close proximity to the proposed locus. 38. When news of the plaintiffs' intent to operate a methadone clinic at 207 highland Avenue, Salem, Massachusetts, reached the public, there was a public outcry against the proposal. 11 12 Gill Street•Suite 1600•Woburn,MA 01801-1728•Telephone: 800.222.5963 • Fax: 781.376.9907,www.cabotrisk.conn bot Risk Stratieg><es Lhc Insurance and Risk.Management Solutions 39.In response to the public outcry, the defendant CITY OF SALEM ZONING BOARD OF APPEALS, in a Decision dated December 28, 2010, and filed with the City Clerk's office the same day, voted to DENY the plaintiffs'application. A copy of the Decision is annexed to the original complaint herein as Exhibit A. 40. Said Decision was in excess of the Board's authority, was unsupported by the evi- dence,was legally untenable, was whimsical,arbitrary and capricious, was otherwise un- lawful, and was issued for the exclusive or primary purpose of preventing the plaintiffs from operating their proposed methadone clinic. 41.The action of the defendant,CITY OF SALEM ZONING BOARD OF APPEALS,in denying the plaintiffs;' application for Special Permit, and thereby preventing the plain- tiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic,in violation of Title II of the Americans With Disabilities Act. WHEREFORE,the plaintiffs demand judgment: 1. Determining that Decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS, denying the plaintiffs'application for Special Permit, and thereby preventing the plaintiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals, namely methadone patients,solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plain- tiffs' services as a methadone clinic, in violation of Title II of the Americans With Dis- abilities Act. 12 12 Gill Street• Suite 1600•Woburn,MA 01801-1728 •Telephone:800.222.5963 - Fax: 781.376.9907•www.cabotrisk.com qWabot ... -. Risk Strategies LLL Insurance and Rzslt Man¢gemtmz.Solutions II. Annulling the decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS. III. Remanding this matter to the defendant CITY OF SALEM ZONING BOARD OF APPEALS with instructions to grant the plaintiffs'application for a Special Permit. IV. Awarding plaintiffs compensatory damages,punitive damages, interest, costs and at- torney's fees. V.Awarding the plaintiffs such other and further relief as may be appropriate. COUNT NINE:VIOLATION OF SECTION 504 OF THE REHABILITATION ACT OF 1973,29 U.S.C.794 42.Plaintiffs incorporate by reference and here re-allege paragraphs 33-40,supra. 43. The action,of the defendant,CITY OF SALEM ZONING BOARD OF APPEALS,in denying the plaintiffs' application for Special Permit, and thereby preventing the plain- tiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Section 504 of the Rehabilitation Act of 1973. WHEREFORE,the plaintiffs demand judgment: I. Determining that Decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS, denying the plaintiffs' application for Special Permit, and thereby preventing die plaintiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals,namely methadone patients,solely on the basis of 13 12 Gill Street a Suite 1600 •Woburn,MA 01801-1728•Telephone:_800.222.5963•Fax: 781.376.9907^www.cabotrisk.com s , their handicap, by excluding them from participating in, and benefiting from, the plain- tiffs'services as a methadone clinic, in violation of Section 504 of the Rehabilitation Act of 1973. 11. Annulling the decision of the defendant CITY OF SALEM ZONING HOARD OF APPEALS. III. Remanding this matter to the defendant CITY OF SALEM ZONING 130ARD OF APPEALS with instructions to grant the plaintiffs'application for a Special Permit. IY Awarding plaintiffs compensatory damages, punitive damages, interest, costs and at- torney's fees. V.Awarding the plaintiffs such other and further relief as may be appropriate. COUNT TEN:VIOLATION OF THE FEDERAL CIVIL RIGHTS ACT,42 U.S.C. 1983 44.Plaintiffs incorporate by reference and here re-allege paragraphs 33-40,supra. 45. The action of the defendant, CITY OF SALEM ZONING HOARD OF APPEALS, under color of law, in denying the plaintiffs' application for Special Permit, and thereby preventing the plaintiffs from operating their proposed methadone clinic,unlawfully dis- criminated against otherwise qualified individuals,namely methadone patients, solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs'services as a methadone clinic,in violation of the Federal Civil Rights Act. WHEREFORE,the plaintiffs demand judgment: 14 L Determining that Decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS, under color of law,denying the plaintiffs' application for Special Permit,and thereby preventing the plaintiffs from operating their proposed methadone clinic,unlaw- fully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and bene- fitting from, the plaintiffs'services as a methadone clinic, in violation of Section 504 of the Federal Civil Rights Act. IL Annulling the decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS. III, Remanding this matter to the defendant.CITY OF SALEM ZONING BOARD OF APPEALS with instructions to grant the plaintiffs'application for a Special Permit. IV. Awarding plaintiffs compensatory damages,punitive damages, interest costs and at- tomey's fees. V.Awarding the plaintiffs such other and further relief as may be appropriate. COUNT ELEVEN:VIOLATION OF THE MASSACHUSETTS EQUALRIGHTS ACT,MASS.GEN.L. CH. 93,SEC. 103 46. Plaintiffs incorporate by reference and here re-allege paragraphs 33-40,supra. 47. The action of the defendant, CITY OF SALEM ZONING BOARD OF APPEALS, under color of law, in denying the plaintiffs' application for Special Permit, and thereby preventing the plaintiffs from operating their proposed methadone clinic, unlawfully dis- criminated against otherwise qualified individuals, namely methadone patients,solely on the basis of their handicap,by excluding them from participating in,and benefitting from, I5 the plaintiffs' services as a methadone clinic, in violation of the Massachusetts Equal Rights Act. WHEREFORE,the plaintiffs demand judgment: 1.Determining that Decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS, under color of law,denying the plaintiffs'application for Special Permit, and thereby preventing the plaintiffs from operating their proposed methadone clinic,unlaw- fully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and bene- fitting from,the plaintiff's' services as a methadone clinic, in violation of the Massachu- setts Equal Rights Act. It. Annulling the decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS, III. Remanding this matter to the defendant CITY OF SALEM ZONING BOARD OF APPEALS with instructions to grant the plaintiffs'application for a Special Permit. IV. Awarding plaintiffs compensatory damages,punitive damages, interest, costs and at- torney's fees. V.Awarding the plaintiffs such other and further relief as may be appropriate. 16 i COUNT T'1VEVE: FOR DECLARATORY RELIEF,MASS.GEN.L. CH.231A: VIOLATION OFARTICLE 114 OF THE AMENDMENTS TO THE MASSACHU- SETTS CONSTITUTION 48.Plaintiffs incorporate by reference and here re-allege paragraphs 33-40,supra. 49.The action of the defendant, CITY OF SALEM ZONING BOARD OF APPEALS,in denying the plaintiffs' application for Special Permit, and thereby preventing the plain- tiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plaintiff's' services as a methadone clinic, in violation of Article 114 of the Amendments to the Mas- sachusetts Constitution. 50.A genuine dispute exists between the parties as to whether the action of the defendant, CITY"OF SALEM ZONING BOARD OF APPEALS, in denying the plaintiffs' applica- tion for Special Permit, and thereby preventing the plaintiffs from operating their pro- posed methadone clinic,unlawfully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Article 114 of the Amendments to the Massachusetts Constitution. z 51.All persons having an interest in the srrbject matter hereof have been made parties to this action. WHEREFORE, the plaintiffs pray for a Declaratory Judgment: 1. Holding that the action of the defendant, CITY" OF SALEM ZONING BOARD OF APPEALS, in denying the plaintiffs'application for Special Permit, and thereby prevent- ing the plaintiffs from operating their proposed methadone clinic, unlawfully discrimi- 17 i nated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding theta from participating in, and benefitting from,the plaintiffs'services as a methadone clinic, in violation of Article 114 of the Amendments to the Massachusetts Constitution. 11. Annulling the decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS. III. Remanding this matter to the defendant CITY OF SALEM ZONING BOARD OF APPEALS with instructions to grant the plaintiffs'application.for a Special Permit. IV.Awarding the plaintiffs such other and further relief as may be appropriate. COUNT THIRTEEN: FOR DECLARATORY RELIEF,MASS.GEN.L.CH.231A: VIOLATION OF MASS.GEN.L.CH.40A,SEC.3(4TH PARAGRAPH) 52.PIaintiffs incorporate by reference and here re-allege paragraphs 33-40,supra. 53.The action of the defendant, CITY OF SALEM ZONING BOARD OF APPEALS, in denying the plaintiffs' application for Special Permit, and thereby preventing the plain- tiffs from operating their proposed methadone clinic, unlawfully discriminated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Mass.Gen.L. c. 40A, sec. 3 (4th para- graph)- 54.A genuine dispute exists between the parties as to whether the action of the defendant, CITY OF SALEM ZONING BOARD OF APPEALS, in denying the plaintiffs' applica- tion for Special Permit, and thereby preventing the plaintiffs from operating their pro- - 18 posed methadone clinic,unlawfully discriminated against otherwise qualified individuals, namely methadone patients,solely on the basis of their handicap,by excluding them from participating in, and benefitting from, the plaintiffs' services as a methadone clinic, in violation of Mass.Gen.L.e.40A,sec. 3 (4th paragraph). 55.All persons having an interest in the subject matter hereof have been made parties to this action. VVEEREFORE,the plaintiffs pray for a Declaratory Judgment: I. I-Tolding that the action of the defendant, CITY Op' SALEM ZONING BOARD OF APPEALS, in denying the plaintiffs'application for Special Permit, and thereby prevent- ing the plaintiffs from operating their proposed methadone clinic, unlawfully discrimi- nated against otherwise qualified individuals, namely methadone patients, solely on the basis of their handicap,by excluding them fiom participating in,and benefitting from,The plaintiffs'services as a methadone clinic, in violation of Mass.Gen.L. c. 40A, sec. 3 (4th paragraph). II. Annulling the decision of the defendant CITY OF SALEM ZONING BOARD OF APPEALS. III. Remanding this matter to the defendant CITY OF SALEM ZONING BOARD OF APPEALS with instructions to grant the plaintiffs'application for a Special Permit. IV Awarding the plaintiffs such other and further relief as may be appropriate. 19 ISI COMMUNITY REALT14 CARE,INC. and HEALTH CARE RESOURCES,INC.,Plaintiffs By Their Attorney IRE Keilty, ^sq BB X4360 40 Lowell Street j Peabody;MA 01960 Tel: 978.531.7900 20 Exhibit A q 1 , CITY OF SALEM, MASS ACtiUB ETTS t m _ BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOOR' SALEM.MASSACHUSETTS 01970 TELe"oNE:978-74!5-9595 FAX:978-740-9846 KIMSERLEy DRISCOLL Z? A 3 MAYOR December 28,2010 Decision City of Salem Zoning Board Of Appeals Petition of COAIMUNITV HEALTH CARO,INC. (owner)and HUALT14 CARE RESOURCES,INC.(lessee),seeking Special Permit for the operation of a medical clinic('methadone center) on the property located at 20714IGHLAND AVENUE (B- 2 Zoning District). A public heating on the above Petition was opened on September 15,2010 pursuant to Mass Genet-al Law Ch.40A, $ 11. The hearing was continued to November 17,2010 and December 15, 2010. The hearing was closed on December 15,2010 with the following Zoning Board of Appeals members present: Robin Stein, Rebecca Curran, Richard Dionne, Elizabeth Debski,James Tsitsinos(alternate),and Bonnie Belair(altet7tate). Petitioner seeks a Special Permit pursnantto Section U 3.0(B)of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney Jobn R. Keilty represented the petitioner at the hearing. 2, fit a petition date-stamped August 2G,2010,petitioner Community Health Care, Inc.(Operator)and health Care Resources,Inc.(Lessee)requested a Special Permit under Section It 3.0(B)of the Salem Zoning Ordinances to allow a medical clinic within the Business Highway Zoning District. 3. The petition states that the property is owned by Hillcrest Realty Trust lI(Ralph C•erwndolo, Trustee),who submitted a letter with the petition authorizing Attorney Keilty to execute the Special Permit on behalf of the petitioner. 4. The proposed medical clinic,a methadone center,is proposed to be located in a portion of the vacant building that formerly housed an auto dealership at 207 Highland Avenue. No exterior construction is proposed. 5. At the hearing on September 15,2010,numerous members of the public spoke in opposition to the proposdl,citing concerns about crime and traffic negatively impacting the nearby residential neighborhoods. Other concerns expressed by members of the public were the proximity of the facility to the nearby schools, potemial dangers of clients driving after having received methadone doses, and 2 negative effects on the area's economy iFthe center's Presence discouraged Patronage of local businesses. 6. Also at the September 15,2010 bearing one member of the public spoke in support of the petition, citing the need to provide treatment for drug addicts, 7. to response to resident comments,Board members requested additional information of the petitioner,including a traffic study,the Activity and Use Limitation and cleanup documentation for the property,and information demonstrating the need for a methadone clinic in Salem. Board members also said they wished to bear feedback from the Salem Police,Fire and School Departments. S. The hearing was continued to November 17,2010 and then to December 15, 2010. 9. Fifteen individuals and/or households submitted letters to the Board in opposition to the project. 10.The Board received four letters in support of the project. 11. The Board received feedback on the plans from Lieutenant Lorin Griffin,Fire Marshall, mrd Chief of Police Paul Tucker. The Board also received a.traffic study completed by the applicant. 12. At the December 15, 2010 hearing,numerous members of the public again spoke in opposition to the proposal,including City Councillors Steven Pinto,Thomas Furey,Arthur Sargent,Robert McCarthy,Jean Pelletier,Jerry Ryan,John Ronan, and Paul Prevey. 13.At the December 15,2010 hearing,the Board also reviewed information submitted by the petitioner documenting the numberofpeople in Salem currently served by clinics on neighboring communities. The Board of Appeal,after carehtl consideration of the evidence presented at the public hearing,and after thorough review ofthe plans and petition submitted,makes the (hollowing findings: I. The Special Permit cannot be granted without substantial detriment to the surrounding neighborhood,while the need fora methadone clinic exists for a small number of residents,this benefit does not outweigh the negative impacts that would be imposed on the adjacent residential area. Such negative impacts include greatly increased traffic on First Street and other local roadways. The Board specifically cited, as an example, the applicant's projection that 26%of the 300 expected clientswould arrive during a rooming peak hour of 7:30 to 3:30,and during this time the Projected numberofright-hand turns flora Flighiand Avcnue to first Street would go from 20 to 77 turns during weekday peak morning hours(7:30 3 a.m. to 3:30 a.m. . This represents more than triple the projected number of turns in the no-build scenario. The Board noted that this specific increase, in addition to other increases in traffic on local roads,would pose a danger to pedestrian children walking to school, since the facility's peak hours would coincide with the opening hours of three schools in close proximity to the site. In addition to the increased traffic during peak hours, the Board was concerned that the remaining 74%of the.facility's expected business,which was expected to occur by 11:00 a.m.,would also pose traffic problems on local roads. The Board also noted that parking would be problematic since such a large proportion of clients would be arriving around the same time. 2. The Board finds that the use would not be harmonious with the residential character of the adjacent neighborhood. 3. The Board also noted that the location on Highland Avenue would be better suited for retail and other business uses that would enhance the adjacent neighborhood and serve a greater number of residents. On the basis or the above findings and all evidence presented at the public healing including,but not limited to, the Plans,Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit to allow a medical clinic in the Business Highway Zoning District is not granted. In consideration of the above,the Salem Board of Appeals voted 5-0(Stein,Curran, Debski, Dionne and Tsitsinos)opposed to She petition. The petition is denied. Elizabeth Debski Salem Board of Appeals A COPY OP r I;S DECISION HAS BEEN FIUD wn'ti'nir PLANNING HOARD AND THC•CITY CLERK Appeal from this decision,Rally,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be tiled within 20 days of tiling of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter40A,Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate or the City Clerk has been tiled with the Essex South Registry ofDoeds. Exhibit B ✓v j,p City of Salem In the year two thousand and ten .fln Orditumtt to amend ordinance relative to Zoning Be it ordained by the Ciry Council of the City of Salem,as follows: ` - Section 1. Section 3.0 USE REGULATIONS of the City of Salem Zoning Ordinance is hereby amended by adding the following new section: 3.1.4 Not Allowed.A use listed in the Table of Principal and Accessory Use Regulations which is.denoted by the letter"N"is not allowed without an amendment to these Zoning Ordinances enacted by the Salem City Council. Section 11. Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS is hereby amended by adding the following new row immediately following the row entitled Hospital: - B.Exem tin,and Institutional Uses RC I RI I R2T R Bl B2 B4 BS I BP6 Medical Clinic I N I N I N I N I BA BA 11 BA BA , BA BA Section 111.Section 3.0 C. Commercial uses the following is hereby amended by deleting the words"including medical"after Business or Professional office RC Rl R2 R3 B1 82 B4 B5 I BPD_ EBusi;css or professional offices inolu N N N N Y Y Y Y V Y l 1... Section 3.0 C. Commercial Uses is hereby amended by adding the following row immediately following Marina;waterfront boat yard or yacht club: RC R1 RZ R3 BI 62 B4 BS I BPD Medical and dental offices A! N , N N Y Y Y Y Y Y N✓<,t Pr J Section Il! Section 10.0 DEFINITIONS is hereby amended by deleting the following definitions in their entirety; 'Clinic, medical or dental: A building or buildings having facilities for diagnosis and minor treatment of humans,as differentiated from hospitals.The building may have doctors' offlees,x- ray rooms,laboratories,operating room for minor surgery, kitchen and diet kitchen facilities.The building will primarily be used for''out patient"or ambulatory patients and not for convalescent Patients. However.not more than ten(10)beds may be provided for patients under diagnosis,for occupancy not to exceed four(4)days." "Medical center or clinic A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities." And by further amending Section 10.0 Definitions by adding the following new definitions: "Medical Clinic.any entity, however organized,whether conducted for profit or not for profit, which is advertised, announced, established, or maintained for the purpose of providing ambulatory,out-patient medical,surgical,physical, mental health or addictive relief services for human beings.In addition,clinic shall include any entity,however organized, whether conducted for profit or not for profit, which is advertised, announced,established, or maintained under a name which includes the word clinic, "dispensary", or"institate", and which suggests that the organization is formed for the dispensing of medication or providing ambulatory, out-patient medical,surgical,physical,mental health or addictive relief services.No matter how the clinic is named,clinic shall not include a clinic conducted by a hospital licensed under M.O,L, c.I 11,§51 or by the federal government or the commonwealth. Clinic shall not include dental clinics operated by local school and health departments for the sole purpose of providing education and dental hygiene services including routine examinations, cleaning and topical fluoride applications.Clinic shall not include ad hoc heath promotions,screenings or wellness programs. "Medical or dental office: An office building or part thereof not a "Medical Clinic", "dispensary", or "institute" but rather one or more practitioners engaged in a solo or group practice, whether conducted for profit or not for profit,and however organized, wholly owned and controlled by one or more of the practitioners." Section V. This Ordinance shall take ofTect as provided by City Charter. In City Council May 27,2010 Referred to the Planning Board to schedule a joint public hearing with the City Council Public Hearing held on June 28,2010 Advertised in the Salem News on June 14,2010 and lune 21,2030 In City Council July 15,2010 Adopted as amended by roti call vote 10 yeas, i nays 0 absent A motion for immediate reconsideration in the hopes it would not prevail was denied, AITEST: CHERYL A.LAPOINTE CITY CLERK MASSA....ETT6 MIIA Member Services BASED (�,�! ` � II� MEMBER RECEIVED 12 Gill Street-Suite 1600 DRIVEN . •F�\\�� Woburn, MA 01801-1728 "> MAR o 3 2011 TEL(800)526-6442 FAX(781)376-9907 DEPT.OF.PLANNING& www.emiia.org COMMMITY DEVELOPMENT March 1, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Elizabeth M. Rennard, Esq. Salem City Solicitor 93 Washington Street Salem, MA 01970 Re: Community Health Care, Inc. and Health Care Resources, Inc. v. the City of Salem, and Members of the City of Salem Zoning Board Dear Ms. Rennard: Please allow this letter to acknowledge our receipt of the proposed Amended Complaint filed by Community Health Care, Inc. and Health Care Resources, Inc. (collectively "Plaintiffs") in Essex Superior Court, Civil Action No, 2011-00088C (hereinafter "Amended Complaint") against the City of Salem (hereinafter "City") and Robin Stein, Richard Dione, Elizabeth Debski, Anne Harris, Rebecca Curran, Bonnie Belair and James Tsitsinos, as members of the City of Salem Zoning Board of Appeals (collectively referred to as "ZBA"). The above referenced litigation involves six counts against the City and six counts against the ZBA as a result their alleged unlawful discrimination against methadone patients, solely on the basis of their handicap, by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic. MIIA Property and Casualty Group, Inc. ("MIIA") provides Public Officials Liability coverage to the City. We have closely examined the applicable policy to determine if there is insurance coverage available to the City and the ZBA for the allegations contained in the Amended Complaint. For the reasons further explained below, MIIA will provide the City and the ZBA with a defense in the above-captioned matter under a full reservation of its rights to later disclaim coverage. In this regard, MIIA specifically reserves its right to withdraw its defense of this matter in the event that it is determined that the allegations raised in the Amended Complaint are not covered and/or are excluded under the Public Officials Liability Policy. An Interlocal Service of the Massachusetts Municipal Association In coming to our determination, we have reviewed the allegations in the Amended Complaint and compared them to the coverage afforded under the Public Officials Liability Policy issued by MIIA to the City for the applicable time periods. Below we have outlined the allegations in the Amended Complaint. The Plaintiffs have brought twelve counts against the City and ZBA for alleged actions against the Plaintiffs as a result of their seeking a special permit to operate a methadone clinic. The Plaintiffs have alleged the following twelve counts in their Amended Complaint [misidentified by the Plaintiffs as Counts II-XIII]: Count 11 - Violation of Title II of the Americans with Disabilities Act v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic in violation of the Americans with Disabilities Act. Count III - Violation of Section 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. 794 v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Federal Rehabilitation Act. Count IV - Violation of The Federal Civil Rights Act, 42 USC 1983 v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Federal Civil Rights Act. Count V -Violation of The Massachusetts Equal Rights Act, M.G.L. c. 93, §103 v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Massachusetts Equal Rights Act. Count VI- Declaratory and Injunctive relief, Violation of Article 114 of the Amendments to the Massachusetts Constitution v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Article 114 of the Massachusetts Constitution. Count VII -Declaratory and Injunctive Relief, Violation of M.G.L. c. 40A, §3 v. the City. This count alleges that the City in amending its Zoning Ordinance unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic,in violation of M.G.L. c. 40A, §3. .mss°' Count VIII - Violation of Title lI of the Americans with Disabilities Act v. the ZBA. This count alleges that the ZBA in denying Plaintiffs' application for special permit unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic in violation of the Americans with Disabilities Act. Count IX - Violation of Section 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. 794 v. the ZBA. This count alleges that the ZBA in denying Plaintiffs' application for a special permit unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Rehabilitation Act of 1973. Count X -Violation of The Federal Civil Rights Act, 42 USC 1983 v. the ZBA. This count alleges that the ZBA in denying Plaintiffs' application for a special permit unlawfully discriminated against methadone patients solely on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Federal Civil Rights Act. Count XI - Violation of The Massachusetts Equal Rights Act, M.G.L. c. 93, §103 v. the ZBA. This count alleges that the ZBA in denying Plaintiffs' application for a special permit unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, sthe Plaintiffs' services as a methadone clinic, in violation of the Massachusetts Equal Rights Act. Count XII - Declaratory and Injunctive relief, Violation of Article 114 of the Amendments to the Massachusetts Constitution v. the ZBA. This count alleges that the ZBA in denying Plaintiffs' application for a special permit City unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of the Article 114 of the Massachusetts Constitution. Count XIII -Declaratory and Injunctive Relief, Violation of M.G.L. c. 40A, §3 v. the City. This count alleges that the ZBA in denying Plaintiffs' application for a special permit unlawfully discriminated against methadone patients under color of law on the basis of their handicap by excluding them from participating in, and benefitting from, the Plaintiffs' services as a methadone clinic, in violation of M.G.L. c. 40A, §3. Plaintiffs are seeking a temporary restraining order, preliminary injunction and permanent injunction prohibiting the City from enforcing any requirement that they obtain a special permit, variance or other zoning relief, and for judgment for compensatory and punitive damages, interest, costs and attorneys' fees. IuIllAlo � �eETa Plaintiffs are also requesting the following relief against the ZBA. They are seeking a determination that the ZBA violated the subject statute, and further seeking an annulment of the ZBA decision, and the remanding of the matter to the ZBA with instructions to grant the special permit. Plaintiffs are also seeking compensatory and punitive damages, interest, costs and attorneys' fees. In addressing MIIA's coverage obligations, we have reviewed the Amended Complaint and compared the allegations to the terms and conditions of the MIIA Public Officials Liability Policy with the City. Sterilite Corp. v. Continental Gas Co., 17 Mass. App. Ct. 316, 318 (1983). Below we have referenced some of the more pertinent portions of the Policy as they relate to our coverage position. PUBLIC OFFICIALS LIABILITY POLICY SECTION I—COVERAGE PUBLIC OFFICIALS LIABILITY 1. Coverage Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages resulting from "claims" against the insured by reason of"wrongful act(s)" to which this coverage applies. This coverage does not apply to "wrongful act(s)" which occurred or were committed before the Retroactive Date, if any, shown in the Declarations. We will have the right and duty to defend any "claim or"suit" seeking those damages. However, we will have no duty to defend any "claim" or"suit" seeking damages to which this coverage does not apply. We may, at our discretion, investigate any "wrongful act" and, with your consent, settle any "claim" or"suit"that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgments or settlements. M I IA .a aE a b. This coverage applies only if a"claim' for damages because of the "wrongful act" is first mad against any insured during the contract period shown in the Declarations and a written notice pursuant to Condition 4.b or Condition 4.c. of PUBLIC OFFICIALS LIABILITY (SECTION VI) is received by us during the contract period or within sixty (60) days thereafter. 2. Exclusions This coverage does not apply to any "claim" made against the insured: C. For any damages arising out of the willful violation of any federal, state, or local statute, ordinance, rule or regulation committed by or with the knowledge and consent of any insured. k. For"claims" or"suits", or portions thereof, seeking relief or redress in any form other than monetary damages. Nor shall we have any obligation to pay on behalf of the insured any costs, fees including attorneys' fees, or expenses which the insured becomes legally obligated to pay as a result of such"claims" or "suits". SECTION II—WHO IS AN INSURED Each of the following is an insured: 1. You, the public entity named in item #1 of the Declarations. 2. Your past, present, and future executive officers, other elected, appointed or employed officials, officially appointed members of commissions, committees, agencies, boards or other units operated under your jurisdiction and within an apportionment of your total operating budget, while acting within the scope of their duties as such. However, none of the above shall include outside law firm(s) or individual attorney(s) appointed, hired or otherwise retained by you. M I IA ..1-R. a a .R 3. Your"employees,"but only for acts within the within the scope of their employment by you or while performing duties related to the conduct of your business 4. Any person providing volunteer services for you at your request and operating under your direction and control, while performing duties related to the conduct of your business. 5. Any person providing services for you under a mutual aid or similar agreements. 6. The estates, heirs, legal representatives, successors, or assigns of deceased persons who were insureds at the time of the "wrongful act(s)"upon which a "claim" is based and to which this coverage applies. 7. The legal representatives or assigns of the insureds in the event of their incompetency, insolvency or bankruptcy. SECTION VII—DEFINITIONS 2. "Claim" means a demand or notice for monetary or non-monetary relief, including summons,pleadings or legal documents filed or served in connection with a"suit," or notice of the commencement of a proceeding with the Massachusetts Commission Against Discrimination, an arbitration proceeding or any other alternative dispute resolution proceeding, in connection with any other alternative dispute resolution proceeding, in connection with alleged damages because of"wrongful act(s)" by any insured to which this coverage applies. But "claim" does not mean any "administrative hearing", or any labor or grievance arbitration or other proceeding that is subject to a collective bargaining agreement. 5. "Suit'means a civil proceeding in which damages because of "wrongful act(s)"to which this coverage applies are alleged . . . . MIIAI ��e�.a 8. "Wrongful act" means any actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty, or any actual or alleged violation of civil rights, by an insured, individually or collectively, while acting within the scope of his or her duties as your executive officer(s), public official, officially appointed commission, committee, agency or board member, "employee" or volunteer worker, or while performing duties related to the conduct of your business. As an initial matter, the City and ZBA are insureds under the policy. Coverage under the Public Officials Liability Policy is available for damages that are caused by "wrongful acts." The term "wrongful acts" includes actual or alleged errors, misstatements; misleading statements, acts or omissions, neglect or breach of duty, or any actual or alleged violation of civil rights, by an insured, individually or collectively, while acting within the scope of his or her duties. Counts II and III allege violations of the Americans with Disabilities Act, and the Federal Rehabilitation Act of 1973 against the City, and Counts VIII and IX allege the same against the ZBA. Counts IV and V allege a Violation of the Federal Civil Rights Statute and the Massachusetts Equal Right Statute, and Counts X and XI allege the same against the ZBA. These counts would fall within the parameters of alleged wrongful acts. While these counts fall within the definition of a wrongful act, they may be excluded by exclusion c to the extent it is determined that the City and/or ZBA willfully and knowingly violated these statutes. Counts VI and VII seek Declaratory and Injunctive relief against the City and Counts XII and XIII seek the same against the ZBA. Under the policy, exclusion k excludes from coverage any claims or suits or portions thereof seeking redress or reliefs in any form other then monetary damages. Additionally, the exclusion excludes all costs, fees including attorneys' fees, or expenses which the insured becomes legally obligated to pay as a result of such suits or claims. Accordingly, these counts would be excluded from coverage and any cost and attorneys' fees or expenses that arise out of these four counts would be excluded by this exclusion. Furthermore, for the same reasons expressed above, exclusion k would similarly operate to exclude costs, fees including attorneys' fees or expenses arising out of any of the injunctive relief portions of the claims as alleged in Counts II- V and VIII- XI. In the requests for relief, plaintiffs are also seeking punitive damages. It is MIIA's position that punitive damages, to the extent awarded, would not be covered by the policy. See Santos v. Lumbermens Mutual Casualty Co., 408 Mass. 70, 80-84 (1990). Hence, if punitive damages are awarded to the Plaintiffs, MIIA would not indemnify the Town'and/or the ZBA for any such award. MIIAN 0 E a Accordingly, MIIA will provide the City and the ZBA with a defense under the Public Officials Liability Policy subject to a full reservation of its rights to later refuse to indemnify the City and the ZBA to the extent the claims are not covered and/or are excluded from coverage. In agreeing to defend this matter under a full reservation of its rights, MIIA does not waive, but instead expressly reserves all rights, whether enumerated herein or not. Neither this letter nor any action or inaction by MIIA shall be construed as a waiver of any known or unknown defenses to coverage. Furthermore, the foregoing in no way restricts MIIA from relying on or asserting any other grounds which are now available or which may become available to it in the future. Our Public Officials Liability claim will be handled under claim number MI IPO62321 by Senior Claims Representative Daniel Nucci. This matter has been referred and assigned to Thomas Donohue of Brody, Hardoon, Perkins & Kesten to defend. Please note this policy carries a $7500 deductible. If you are in possession of further information which you believe might impact our assessment of this matter,please forward the information to our attention as soon as possible. Additionally, in the event the pleadings are further amended or altered in any way, please provide our office with a copy. Very truly yours, Stephen Batchelder Director- Claim Operations cc: Salem Zoning Board of Appeals Robin Stein, Chair MI IAIoa�E�a��BF1"e Brody, Hardoon) Perkins & Kesten, LLP Attorneys at Law Richard E. Brody One Exeter Plaza • 699 Boylston Street Laurence E. Hardoon Boston, Massachusetts 02116 Judy A. Levenson assac Samuel Perkins Djuna E. Perkins Leonard H. Kesten Peter E.Montgomery Jocelyn M. Sedney Telephone 617-880-7100 Thomas R. Donohue Deborah 1. Ecker - Facsimile 617-$$Q-7171 Kristin Tyler Harris Jeremy L Silverfine p �y^ Ca Gregor A. Pagnini www.bh klaw.com ,L•fI i`-� Y Of Counsel Deidre Brennan Regan MAR O 2011 Administrator 1 Elizabeth L.Joyce March 9, 2011 DEPT. OF PLANNING& COMMIJPJI fy GLUL-, . Robin Stein City of Salem 93 Washington Street Salem, MA 1970 RE: Community Health Care Inc. and Health Care Resources Inc., VS: Robin Stein, Richard Dione, Elizabeth Debski, Annie Harris, Rebecca Curran, Bonnie Belair and James Tsitsinos, as they are members of the City of Salem Zoning Board of Appeals C.A. No.: 2011-00088C Dear Ms. Stein: This office has been retained by the insurer for City of Salem to represent you and its interests in the legal action commenced as set forth above. During the pendency of this action, we may call upon you for your assistance in the preparation of pleadings to be filed in Court and for trial, if necessary. If you are in possession of any documents or other materials you think would be helpful in the defense of this case, or which you believe would be helpful for us to know, please feel free to forward them to us at your earliest convenience. We ask that you not discuss this matter with anyone other than this office or a representative of your insurance company. If you should be contacted or receive any inquiries we ask that all such contacts and inquiries be referred to this firm immediately. Please be advised that the court requires all attorneys to advise their clients that court-sponsored alternative dispute resolution ("ADR") programs, such as mediation, is available. There is no requirement that ADR be used and no penalty if the parties insist on the normal course of litigation. The advantage of ADR is that the suit may be settled prior to trial in a quick manner. The disadvantage of ADR is that the parties do not get a full hearing on the merits. Ordinarily we prefer to pursue the normal course of litigation, at least at the outset of a case. If circumstances develop such that ADR is appropriate, it will be available. If you have any questions or concerns regarding ADR, please do not hesitate to contact me. Thank you for your cooperation. Very truly yours, BRODY, HARDOON, PERKINS & KESTEN, LLP Thomas R. Donohue TRD:mb ZONING BOARD OF APPEALS PETITION FORM hi 1Norrr� CITY OF SALEM, NLkSSi1CHUSETTS ZONING BOARD OF APPEALS 7bn, 7 _ r S: 5 120 WASHINGTON STREET,3RD FLOOR SALEM,NLkSSACHUSETTS 01970 C!1 i c' Danielle McKnight,Staff Planner 'Phomas St.Pierre,Building Inspector -'" - • . .'l S; t. 978-619-5685/f.978-740-0404 t.978-619-5641/f.978-740-9846 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 207 Highland Avenue, Salem, MA Zoning District: B2 Zoning District An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example: I am proposing to construct a /O'x IO'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet. The applicant seeks a special permit for the operation of a medical clinic within the B2 Zone. The newly adopted Zoning Ordinance provides for such development to be allowed by special permit from the Zoning Board of Appeals. The total land acreage is 3.348 acres. It is the site of the former Hillcrest automobile dealership. The applicant is intending to use approximately 7,300 square feet at the rear of the premises as a medical treatment clinic(Methadone Center). Thirty-One(31) parking spaces will be available to the clientele plus 4 additional handicapped spaces. For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is (ft?sq ft?stories? %?), and what I am proposing is (ft?sq ft?stories?%?). (In A Special Permit under Section)I 3.0 (B)of the Zoning Ordinance in order to allow a medical clinic in a B2 Zone. ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example: Two Family Homef ormer Automobile Dealership (x) yes O No n/a because The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws 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. ZONING BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( )For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and c) Desirable relief may be granted without substantia)detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. ( )For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, §5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and f) Potential fiscal impact,including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. Community Health Care,Inc.(Operator) If different from petitioner: Hillcrest Realty Trust It Petitioner: Health Care Resources,Inc.(Lessee) Properly Owner: Ralph Cerundolo,Trustee Address: 125 North Elm Street,Westfield,MA Address: 207 Highland Avenue,Salem,MA 01970 (617)786-9196 c/o Fred Massa,Broker(617)459-4094 Telephone: Telephone: ^ . Signature Signatu (Attached consent letter is also accee�a"e) August 17,2010 August 17,2010 // Date Date If different from petitioner: A TRUERepresentative: John R.Keilty,Esquire ATTEST 40 Lowell Street,Peabody,MA 01960 Address: Telephgnf: (978)591-7900 // Sig re L.—August 17,201 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed lvith the City Clerk Special Permit Statement of Grounds Applicant: Health Care Resources, Inc. (Lessee) /Community Health Care, Inc. (Operator) Property Address: 207 Highland Avenue, Salem, MA The property is located on a total of 3.348 acres of land. The property has excellent access ability from Highland Avenue, a divided highway. The property is formally an automobile dealership which created much more demand upon traffic flow. The premises is equipped with more than adequate parking and loading facilities. The utilities currently servicing the site are more than adequate. There will be no impact caused by new construction upon the environment or any neighborhood area. The use would create a broadened taxable base and the creation of 15 new jobs. Aug 23 10 05:51p 9789275555 p.1 To Whom it May Concern: I,the undersigned,do hereby given authority to John R.Keilty,Esquire to apply for a special permit from the City of Salem Zoning Board of Appeals. This authorization allows Attorney Keilty to execute the Special Permit Applica ion on behalf of the owner of the property at 207 Highland Avenue,Salem,Massachusetts and we understand that the Special Permit Application is a request for a Special Permit to opera e a Medical Treatment Clinic,specifically a Methadone Center at 207 Highland Avenue in 3alem, Massachusetts. Executed this �'-�'day of August,2010. Hillcrest Realty Trust II By. i � -T is 134 P+s^dad _( J I I /iNo.i. 77q�"'� CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KEMOERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 LYNN GOODIIN Dl7NCrUN,AIQ' DIREcroR TELE:978-619-5685 ♦ rAx:978-740-0404 MEMORANDUM TO: Chief Paul Tucker, Dr. William Cameron, Lt. Erin Griffin FROM: Danielle McKnight, Staff Planner DATE: September 28, 2010 RE: Proposed Methadone Clinic - Board of Appeals Application I am enclosing a copy of the site plan and application made by Community Health Care, Inc. and Health Care Resources,Inc. to the Salem Board of Appeals requesting a Special Permit to operate a methadone clinic on 207 Highland Avenue. While the Planning Department doesn't normally route Board of Appeals applications to your departments, the Board of Appeals specifically requested comments from you given concerns expressed by members of the community. I would be grateful if you could review the application and send any comments back to me, preferably by October 15. Concerns the Board of Appeals heard at its last meeting were: Fire: The site plan contains internal crash gates. Palkce Members of the public felt the clinic would attract criminal behavior, negatively affecting the community and placing undue strain on the police force. Concerns were also raised about security at the facility itself. Sdhoqls: Members of the public were upset by the proximity of the proposed clinic to schools and were concerned about the safety of students walking past the clinic along Highland Avenue. Thank you in advance for taking the time to review this application. Please let me know if you have questions about the project, and I can contact the applicant for the information. 1 Page 1 of 1 Danielle McKnight From: ptucker@salempd.net Sent: Monday, November 08, 2010 3:11 PM To: Danielle McKnight Subject: Proposed Clinic Issues Thank you for the opportunity to address some of the issues surrounding the application of Community Health Care Inc. to operate a methadone clinic at the proposed Highland Avenue site. As you may know,I appeared at a community meeting several months ago where another site was discussed.My remarks at the time centered on two themes,the first is that there is clearly a need for treatment options for individuals that struggle with addiction.The second was that the police department was not in a position to discuss the relative merits of one site over another,however if a site were chosen,the department would be interested in working with the proper authorities to ensure the safety and security of the public as well as the patients and employees. When the idea of a clinic was first proposed for the Canal st. site,members of my staff conducted a survey of police departments that have interacted with clinics in the municipalities that they serve.While some reported a few minor police related issues, most said there were no problems associated with the clinic operations. I also met with the director of the facilities and he outlined the security steps undertaken at each of the clinic locations and relying on his representation he answered all of the questions I had at this time. I am not unmindful that it was criminal activity,that being drug use,that has patients needing the methadone and that there is no guarantee that people involved in criminal activity will not participate in the clinic's program.That being said,the same would hold true for people going downtown to attend District and Superior Court after running afoul of the law. Whatever the outcome of the permitting process,the Salem Police department will strive to maintain our commitment to keep all citizens safe and secure.Please feel free to contact me with any concerns as you move forward and let me know if I can be of any further assistance. Paul F.Tucker Chief of Police 11/8/2010 f ECEVED J - NOV 0 5 2010 DEPT. OF PLANNING 8, Zoning Board of Appeals COMMUNITY DE`: 1.OPMEN-f City Clerk ZQ10 NL1V -3 P City Hall UPt r ICE 93 Washington Street Salem, MA 01970 I am writing to voice my support for opening a new methadone treatment clinic in Salem. Drug addiction has become an epidemic on the North Shore and we need more than just one treatment clinic in the area. The clinic in Peabody was treating up to 600 patients at one point and now estimates that it is treating approximately 100 Salem residents. I realize no community wants a Methadone treatment center in their town, but I do believe that Community Substance Abuse Centers (CSAC)have tried to work with the people by listening to their concerns. Because of what the citizens had to say about the safety of the location CSAC found a new location amongst commercial property on a 2 lane main street that would have less traffic concerns. The company would be moving into a building where they will operate out of the back with a separate exclusive parking lot surrounded by gates. Jack Keilty is quoted as saying "It isolates us...We're trying to create our own little enclave." Salem residents also voiced concern about having these clients driving on their streets. If 100 Salem residents are being treated in Peabody and Chelsea they must already be driving the streets of Salem. I believe if the clinic was off Highland Ave more public transportation may be used to get back and forth to the clinic. There is also the possibility of less loitering while waiting for a counseling session scheduled for later in the day because they could go back to their own homes to wait for their next appointments. With the epidemic proportion of drug abuse comes the need for more drug treatment centers. I believe that residents in a city as large as Salem should not have to leave their own community to receive help. 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I"hj , Page 1 of 2 Danielle McKnight From: John Adelman bohnadelman@yahoo.com] Sent: Tuesday, December 14, 2010 3:03 PM To: Danielle McKnight Subject: Community Health Care Dear Ms. McKnight: I will not be able to attend the meeting for Community Health Care, should there not be a scheduling conflict, I would attend the meeting. Below, in the body of the text is what I would say at a Public Meeting, had I been able to attend. Dear Ms. McKnight, Staff Planner and Thomas St. Pierre, Building Commissioner: and also ZBA: =s'la Term ExpiraVon Robin Stein Chair May 1, 2010 Richard Dionne Secretary July 1, 2009 Elizabeth Debski Vice Chair July 1, 2009 Annie Harris June 1, 2009 Rebecca Curran May 1,2010 Bonnie Belair Alternate June 1,2010 James Tsitsinos Alternate May 1,2010 f Dear Zoning Board of Appeals: If this were a Diabetes Clinic; Cancer Treatment Center; or Heart Health Center would you treat it differently? This is a health care facility for people disabled or handicapped due to their health; not their MORALITY. Any decision of the Board; this or any other as a result of Stigma due to the class or disease; class or handicap or disability violate two sets of Laws: Americans with Disabilities Act and because the City of Salem receives Federal Tax Dollars, Section 504 of the Rehabilitation Act of 1973. There is a chance of loosing Federal Funding for violating Section 504 of the Rehabilitation Act. SAMHSA, is the group of the United States Health and Human Services department, which supports this type of health problem. There are plenty of reasons to treat the weak and poor; differently than the rich and the powerful, but as civilized people, we accept protections for some people who need protection of 12/14/2010 Page 2 of 2 Law. Any decision other than accepting the plan; is disadvantaging 100 patients of Community Health Care. Yes, they are taking medication prescribed by a physician. In addition to medication they receive other treatments, required for their condition. If a Cancer; Heart; or Diabetes patient needed services in Salem, would you treat the petition to the ZBA differently? If there would be no objections to Cancer; Heart; or Diabetes treatment; there should be no allowance for objection for Addiction Treatment. Respectfully Submitted, VIA EMAIL John Adelman Phone: 1-978-744-6466 Fax: 1-978-336-5911 27 Charter Street, 1006 Salem, MA 01970 12/14/2010 MOAR,Massachusetts Organization for Addiction Recovery 30 Winter St., 3 d Floor, Boston, MA 02108 Toll Free: 1-877-423-MOAR or 617-423-6627 Fax 617-423-6626 +yam Online: www.moar-recoverv.ora E-Mail: MOARfran(&aol.com , V' SPEAKING OUT FOR ADDICTION RECOVERY! (�� MOAR is a statewide recovery community organization activating its mission to organize recovering individuals,families, and friends into a collective voice educating the public about the value of recoveryfrom alcohol and other addictions. We envision a society where addiction is treated as a significant public health issue and recovery is recognized as valuable to our communities. We collaborate with allied organizations to improve prevention, treatment, and recovery support services. o Massachusetts ranks among the top 5%of states for alcohol and drug use among adults and youth (NSUDH) o From 2001-2004, the MA Bureau of Substance Abuse Services funding was cut by nearly 50%. Now Thanks to The 2009 Leadership of Mental Health and Substance Abuse Committee Chairs Representative Liz Malin and Senator Jennifer Flanagan; Assistant Majority Leader Senator Tolman; Senate President Therese Murray; House Speaker Robert DeLeo; MA Bureau of Substance Abuse Services with MOAR, MA Campaign for Addiction Prevention,Treatment,and Recovery; Coalitions;Parent Groups; and You! Your Voices are Being Heard! 2010 MA Bureau of Substance Abuse Services Budget Makes History with Alcohol Tax to Prevent Cuts Now MOAR Than Ever We Need Unite To Prevent Future Cuts, & Protect Our Services Speak Out for Addiction Prevention,Treatment,and Recovery Support Services to Protect 0 3 Recovery High Schools in Springfield, Boston, and Beverly with graduations 0 2(Worcester& Brockton) Statewide Adolescent Crisis Stabilization Units—a 25 bed detox with follow up o New male Highpoint New Bedford rehabilitation unit for men, who are (section 35) civilly committed o Highpoint's Tranquility Inn New Bedford, Women's Section 35, has been at full capacity for over 2 years o More alcohol and other drug education in public schools o Alcohol and other drug screening, treatment referral in 7 hospital emergency rooms and beyond! o Approximately $2.7 million more in long-term,residential, addiction recovery service contracts 0 6 Regional Clinical Support Services, (rehab for post detox or that does not require medical detox) o 6 Regional Recovery Support Centers with a variety of support services are in the plans o Office of Youth and Young Adult Services with Family Involvement o Diversion (residential treatment vs imprisonment) for low level offenders What Still Hurts and What MOAR Do We Need 3265 Overdose Deaths manifest 2002-2007 and NARCAN is being piloted to keep people alive & Future policies guided by 2010 Oxveontin Commission,MA Strategic Plan with coalitions to make the following a reality o Strategic Prevention Framework Action to address drug overdoses as well as underage drinking o Good Samaritan Campaign to reduce drug overdose deaths by removing barriers to calling 911 o Improved prescription monitoring, Safer storage of prescription medication,Disposal for unused pills o Community,parent and teacher education; family intervention and support; school counseling o Jail Diversion; Rehabilitation vs Recidivism o Increased Access Throughout The Continuum of Care...with MOAR to do in 2010 for 2011........ MOAR Joins United We Stand for Public Health to Increase Revenues and Protect All Public Health Services,MCAS, MA Coalition for Addiction Services, and Campaign for Addiction Prevention, Treatment,and Recovery. The Campaign is a united voice seeking protection and enhancement of substance abuse services with a budget proposal succeeded in repealing the state tax exemption on the sale of alcohol products sold in stores. We want to keep the Alcohol Sales Tax and dedicate funding for necessary substance abuse services You can Help-See How * Educate your elected legislators about the importance of services for your family, community,and you. * Let them know the alcohol sales tax is helping maintain services and needs to be dedicated for substance abuse services. Your Voices Made Parity a Reality! Rep Ruth Balser championed & Senator Tolman Sponsored, (Became Law July 2009))provides same levels of health insurance coverage for addiction as other diseases. Massachusetts should save $6 to $25 million annually under parity. National parity is now law.This should help to end insurance discrimination. Let's make parity included in National Health Care Reform via The Whole Health Campaign. You Can Help to Make The Following a Reality for 2010-2011 • Provide a Substance Abuse Health Protection Fund—(Senate 759) (Senator Marian Walsh is lead sponsor.It is in Joint Committee on Revenue)The Health Protection Fund would be managed by MA Department of Public Health to assure treatment across state agencies covering corrections, social services, education,prevention,plus driver and alcohol education programs. The fund would be supported by the new 6.25 % sales tax revenues on alcohol beverages for off premises consumption. This act estimates $115 million in one year for state revenue. • Massachusetts 911 Good Samaritan Bill—(H1653-Rep Alice Peisch, and S1843-Senator Steven Tolman were heard by The Judiciary Committee Hearing,H1653 is in The House Third Reading Committee) These bills are very similar, and provide limited immunity from drug possession charges and prosecution when a drug-related overdose victim or a witness to an overdose seeks medical attention. The intent is to reduce drug-related overdose deaths by removing barriers to calling 911. • Provide Insurance Reimbursement for Licensed Alcohol and Drug Counselor I (Senator Steven Tolman (Senate 517) and Rep Martin Walsh (House 1056) are lead sponsors. Both are in Financial Services Committee) These identical bills require insurers to reimburse for the services of a Licensed Alcohol and Drug Abuse Counselor I. Insurance reimbursement will permit individuals and their families who suffer from, or are affected by alcohol and other drug abuse or addiction, to choose the human services professional most appropriate for their needs. MAADAC, (MA Association of Alcoholism and Drug Abuse Counselors) is taking the lead on this issue. • Provide Improved Access to Employment,Education and Housing with CORI Reform (Senator Harriet Chandler(Senate 2220 and Rep Elizabeth Malia (House 3523) are lead sponsors)It is in The Judiciary Committee) The Senate passed a step towards positive CORI Reform—S2220). This measure would reduce barriers to employment and housing for people who have a favorably ending case(e.g., notguilty), andlor are demonstrating positive, changed lives. The goal is to: oImplement automatic sealing of favorably ending cases (e.g.,not guilty) oRequire that only convictions and open cases be reported to non-law enforcement entities oProhibit employers from discriminating against CORI subjects based solely on a CORI oThe Senate version reduces time to seal misdemeanor to 5 years and felony records to 10 years Commonwealth CORI Coalition is at the forefront of this important move. • Provide Court Diversion of Low Level Offenders- (House 1962) (Rep Martin Walsh is lead sponsor) It is in The Joint Health Care and Financing Committee. The bill allows MA Bureau of Substance Abuse Services treatment oversight for low level offenders who would opt for treatment as alternative sentencing. Without further crime, there would be no application of a criminal record. New England Policy Advocates are spearheading this proposal. • Seek to Remove Alcohol Beverage Advertising from Public Transit— (111113) (Rep Martin Walsh is lead sponsor) It is in Joint Committee on State Administration and Regulatory Oversight. � rY g This bill seeks to remove alcohol beverage advertising from state property due to attraction given the public, and a deterrent to thinking through consequences of alcohol use. Supporting an Alcohol Ad Free Environment- SAFE MA (formerly MBTAA)is this proposal's moving force. • An Act to Reduce Underage Drinking—(House 320) (Rep Brian Wallace is lead sponsor)It is in the Joint Committee on Consumer Protection and Professional Licensure. It seeks to place warning labels on beer and wine with legal consequences if the buyer is under 21. South Boston Can Prevent Underage Drinking spearheads this move. • Support Criminal Justice Reform for effective post-incarceration society re-entry, mandatory minimum sentencing; policies to provide diversion to drug treatment; fund effective addiction treatment for the incarcerated, community prevention and education. MA Bar Association Drug Policy Task Force is the driving force! How Can You Help Now? Get MOAR Involved for Next Steps You can call,write,or email your elected legislators to ask for support. To Find Your Legislator's Name and More—Go to State's Citizen Information Numberl-800-392-6090 Go on the Web: www.wheredoivotema.com (02.01/10) SalemNews.com, Salem, MA November 18, 2010 Methadone meeting delayed Residents irate as illness pushes off decision on Salem clinic By Stade N. Galang staff writer SALEM—A temperature of 102 degrees kept Zoning Board Chairwoman Robin Stein from last night's meeting,but she wasn't the only one feeling the heat. Her absence allowed Jack Keilty,the attorney for a Quincy company's proposed methadone clinic at the former Hillcrest Chevrolet on Highland Avenue,to postpone his application for a special permit until next month. Still,he and the remaining board members heard an earful from some disgruntled residents who showed up prepared to speak and now decided to blurt out questions. About 70 people had attended the meeting in the cafetorium of the Bowditch School. Marty Miserandino,who sat in the front row, asked what would happen if the board went ahead with the hearing in spite of Keilty's request. Some,like him,are parents and had to juggle schedules and hire baby sitters, he said. "Four votes are needed to pass the petition," Vice Chairwoman Elizabeth Debski said. "He has a right to be heard by the full board." Debski explained that Stein had phoned her at 5 p.m. Sick with the flu,the chairwoman had hoped to feel better but didn't, and she worried she would infect others, said Debski,who fielded most audience questions. "I had no way of knowing," she said. "I apologize. Things like this happen." Keilty told the crowd that he expected strong opposition and the absent chairwoman should have the chance to hear the tenor of their comments. "I don't have to go forward without the full board," he said. Some opponents worried the postponement or weather would diminish their numbers at next month's meeting. Others simply lamented the possibility of a clinic at all. The applicant, Community Health Care Inc., already treats between 80 and 100 Salem residents at the company's facility in Peabody,indicating a demand for such services in the Witch City,Keilty said at a previous meeting. Methadone is a synthetic narcotic,which is administered to eliminate withdrawal symptoms when an addict stops.taking heroin or other opiates. Miserandino,who lives on 1st Street,said his home is only 100 yards from the property where the local clinic is proposed. He has a 21/2-year-old and his wife is expecting their second child. "(The clinic's)going to change the whole character of the neighborhood," he said after the board went on to its next agenda item. Miserandino was concerned about a growing divide between the thriving downtown and the outskirts where he lives. The presence of a clinic is going to undermine the city's strides toward revitalization. "It's a shame to see so many great things happen in Salem that the mayor is touting," Miserandino said, "... and then the city has to deal with trash like this." Swampscott resident John Kelliher said the neighborhood where the proposed clinic would be sited is residential. He worried how the clinic would affect nearby Salem Woods,where he walks his dog. "The most important thing is the children and the people living on Highland Avenue," he said. Salem resident Terri Nadeau said traffic on Highland Avenue is already difficult, even without any methadone patients who might queue up for the medication. She said she must wait through nearly five light cycles daily to get out Cherry Hill Avenue and onto the busy Route 107 to take her children to school "Any little thing that goes on affects it," she said. Even so,there is a bigger problem she sees with a methadone clinic. Nadeau said three family members have battled opiate addictions and take methadone, "I see them when they take their dosage," she said. "People are going to be like that on the streets." SalemNews.com, Salem, MA November 15, 2010 Board expects a crowd on clinic Company plans methadone center on Highland Avenue By Stade N. Galang Staff Writer SALEM—Bracing for a capacity crowd at a hearing for a proposed methadone clinic,the Zoning Board of Appeals has moved its Wednesday meeting from its usual downtown space to Bowditch School. "We have to allow people to come in," board member Richard Dionne said. "It's good to have the public input." The hearing was continued from September when Westfield-based Community Health Care's proposal to open a clinic in,the former Hillcrest Chevrolet location drew so many residents they flowed out of the meeting room and into the hallway. The for-profit company is requesting a special permit from the Zoning Board that would usher in a clinic on Highland Avenue,the company's 14th. If Wednesday's meeting is anything like the last on the methadone clinic,its sure to be heated. At some points, angry residents shouted out to the board,particularly when they realized no vote would be taken. Attorney Jack Keilty,who represents the company also known as Community Substance Abuse Centers, said the clinic will present addiction numbers from the state's Department of Public Health. It also expects to share the results of a traffic study on Highland Avenue and other information related to opening a clinic. "We're going to show what the need is from the perspective of how many opiate addicts (there are)," he said. Keilty said the company has already identified 100 Salem residents at its other locations,though not all would move to a Salem location. Within a year, the clinic could grow to as many as 300 patients. Some of Community Health's clinics have twice that number,Keilty said. Keilty said the majority of patients would receive their doses of methadone,a synthetic narcotic that acts as a substitute for more harmful opiates like heroin,between 5 and 6 am.The early hours would ensure patients could get to their jobs and take their children to school. The company will discuss how it anticipates its clients will queue up to limit the impact on Highland Avenue traffic. Second attempt It's the second time the company has tried to open a clinic in Salem. Bitter opposition to a Canal Street location prompted Community Health Care to back away from leasing space in the former Jeffery Brothers furniture building. Keilty said the Zoning Board may impose conditions with its special permit,but generally must provide a good reason to deny it "I think we can show from an objective standpoint it fulfills the criteria of the special permit," he said. "It's an allowed use by special permit." Keilty said the company had looked at other locations around Salem but has decided the Highland Avenue location is ideal. "We thought this one was the best for a number of reasons," he said. They include the commercial zoning and the relative isolation of the clinic,the attorney said. "Although the immediate neighbors think it's a horrible site,we think it's isolated," he said. "We think we can control safety." Keilty contends not everyone is repelled by the idea. A church group has approached them about becoming another tenant in the building,he said. Keilty said he hopes to have some patients at the meeting who can share their story with residents. He said patients who depend on methadone must also be in a recovery program of some sort or they can't participate. "Generally,its not an alternative to an addictive life," he said. "It's the beginning of a new,productive life." The company has rarely had occasion to open in a community without severe opposition,but once it starts receiving patients,it becomes largely invisible to the general public,he said. Dionne said it's possible the board could decide Wednesday to grant or deny the clinic's special permit.The company also has the option of continuing its hearing to the later meeting. Untitled Our great country was founded on the premise of life,liberty,and justice,not for only the select few who can afford it, custom made. And now,two hundred years later,we are sinking into a bottomless pit of moral and ethical decadence. I was a child of fourteen when I heard these stories.My friends were children of seventeen and eighteen years,sent into combat to battle against other children.This brought me back to the stories I'd heard about my father's parents who immigrated to the United States to escape the genocide. And,what were these wars really about?What is any war about?War is about control.Control is Power,and power is money.And the love of money is at the root of all that is evil. And so,now I am watching a different war. A much more insidious kind of war.A war that is waged on our children from the time they are old enough to recognize and understand the spoken word and recognize product logos. The brainwashing that tells children what is or is not important,what is and is not worth fighting for begins early. There is no real censorship,no real prohibition of that which is not wholesome,and fit for consumption.Profanity and vulgarity are part of the trademark;the more notorious and obscene,the better. Media and the corporate market place push their wares in a most sensationalized light,glorifying the sweets which erode the spirit. Thus we have gangs and gang wars,crime rates that are only rising.Drug and alcohol abuse that is glamorized and called entertainment. And,if America can win two world wars,why can't she win a war on drugs?Who's really profiting from the assault on our society? President John Kennedy was assassinated just before he was about to expose the CIA's bringing drug cartels into the United States. When these questions were posed to a former Salem Mayor,suggesting ways to win the drug war,the answer was that although these ideas could have an impact on drug abuse,they did not create jobs. We wouldn't need all the law enforcement and judiciary.The truth,and as usual,it is related to money. We abolished the alcohol tax.An greatly needed source of revenue in our floundering economy,part of which was used to help support substance abuse programs. And now a methadone clinic for profit? They say it is people with families who need this; regular people who live regular lives.I have met two of these "regular" people in Salem,they are not using methadone to get off of heroin.They have been living on methadone for years,at the taxpayers' expense. When will the negative capitalizing stop? Haven't the feudal money loving misery mongers profited on the misery of others long enough? Isn't it time to say NO to profiteering at the expense of those who can least afford it? The most deadly sin of the seven deadly sins is greed.Greed is the mother of all sin. Page 1 Natalie Barker OC: ' c O1O 2 Cavendish Cir w _Adn Salem,MA 01970 DEPT C' :NIN^ E _J04 r - �. � 17 - f e.04 Danielle McKnight From: EGriffin Sent: Thursday, November 04, 2010 7:33 AM To: Danielle McKnight Subject: RE: former Hillcrest site Hold the presses......I have the plans, SFD will need access thru the proposed "crash gate"......a key, or code, (in the knox box) for the lock will work.....posted no parking signs along thne sides of the building without marked spaces...... Thanks for your patience Erin -----Original Message----- From: Danielle McKnight Sent: Wednesday, November 03, 2010 9:55 AM To: EGriffin Subject: RE: former Hillcrest site Hi - which site is that? I'll know it by the address...I'm not familiar with the Hillcrest history. Thanks, Danielle Danielle McKnight Staff Planner Department of Planning and Community Development City Hall Annex 120 Washington Street Salem, MA 01970 (978) 619-5685 dmcknlght(EDsalem.com <mailto:dmcknight(c�salem.com> From: EGriffin Sent: Tuesday, November 02, 2010 8:21 AM To: Danielle McKnight Subject: former Hillcrest site Danielle, I've scoured the office and have not found the propsosed devlopment plan for this site.....do you have another copy, or if it's easier I can meet you at your office and review the plans that you have......let me know what works best for you.... Thanks Erin 1 MOAR,Massachusetts Organization fdr Addiction Recovery 30 Winter St., 3rd Floor, Boston, MA 02108 Toll Free: 1-877-423-MOAR or 617-423-6627 Fax 617-423-6626 Online: www.moar-recovery or E-Mail: MOARfranknisom SPEAKING OUT FOR ADDICTION RECOVERY! MOAR is a statewide recovery community organization activating its mission to organize recovering individuals,families, and friends into a collective voice educating the public about the value of recoveryfrom alcohol and other addictions. We envision a society where addiction is treated as a significant public health issue and recovery is recognized as valuable to our communities. We collaborate with allied organizations to improve prevention, treatment, and recovery support services. o Massachusetts ranks among the top 5%ofstates for alcohol and ding use among adults and youth (NSUDH) o From 2001-2004, the MA Bureau of Substance Abuse SeryicesAnding was cut by nearly 50%. Now Thanks to The 2009 Leadership of Mental Health and Substance Abuse Committee Chairs Representative Liz Malin and Senator Jennifer Flanagan; Assistant Majority Leader Senator Tolman; Senate President Therese Murray; House Speaker Robert DeLeo; MA Bureau of Substance Abuse Services with MOAR, MA Campaign for Addiction Prevention,Treatment,and Recovery; Coalitions; Parent Groups; and You! Your Voices are Being Heard! 2010 MA Bureau of Substance Abuse Services Budget Makes History with Alcohol Tax to Prevent Cuts Now MOAR Than Ever We Need Unite To Prevent Future Cuts, & Protect Our Services Speak Out for Addiction Prevention Treatment and Recovery Support Services to Protect 0 3 Recovery High Schools in Springfield, Boston, and Beverly with graduations 0 2(Worcester& Brockton) Statewide Adolescent Crisis Stabilization Units—a 25 bed detox with follow up o New male Highpoint New Bedford rehabilitation unit for men, who are (section 35) civilly committed o Highpoint's Tranquility Inn New Bedford, Women's Section 35, has been at full capacity for over 2 years o More alcohol and other drug education in public schools o Alcohol and other drug screening, treatment referral in 7 hospital emergency rooms and beyond! o Approximately $2.7 million more in long-term, residential, addiction recovery service contracts 0 6 Regional Clinical Support Services, (rehab for post detox or that does not require medical detox) 0 6 Regional Recovery Support Centers with a variety of support services are in the plans o Office of Youth and Young Adult Services with Family Involvement o Diversion(residential treatment vs imprisonment) for low level offenders What Still Hurts and What MOAR Do We Need 3265 Overdose Deaths manifest 2002-2007 and NARCAN is being piloted to keep people alive & Future policies guided by 2010 Oxvcontin Commission,MA Strategic Plan with coalitions to make the following a reality o Strategic Prevention Framework Action to address drug overdoses as well as underage drinking o Good Samaritan Campaign to reduce drug overdose deaths by removing barriers to calling 911 o improved prescription monitoring, Safer storage of prescription medication, Disposal for unused pills o Community,parent and teacher education; family intervention and support; school counseling o Jail Diversion; Rehabilitation vs Recidivism o increased Access Throughout The Continuum of Care...with MOAR to do in 2010 for 2011........ MOAR Joins United We Stand for Public Health to Increase Revenues and Protect All Public Health Services, MCAS, MA Coalition for Addiction Services, and Campaign for Addiction Prevention, Treatment, and Recovery. The Campaign is a united voice seeking protection and enhancement of substance abuse services with a budget proposal succeeded in repealing the state tax exemption on the sale of alcohol products sold in stores. We want to keep the Alcohol Sales Tax and dedicate funding for necessary substance abuse services You can Help-See How * Educate your elected legislators about the importance of services for your family,community, and you. * Let them know the alcohol sales tax is helping maintain services and needs to be dedicated for substance abuse services. Page I of I Danielle McKnight From: CharC [char_cl @yahoo.com] Sent: Thursday, September 16, 2010 5:09 PM To: Danielle McKnight Subject: Proposed meth clinic on Highland Ave Hello, I'm a resident of Green Dolphin Village Condominium behind the Shaws Plaza in Salem. I'm writing to request that you pass this email on to Chairman Robin Stein as I was unable to attend the recent meeting of 9/15. I am OPPOSED to the proposed methadone clinic on Highland Ave. I'm deeply disturbed that this area of Salem has yet another quality of life battle to fight as we continue to fight the expansion of the Transfer station. I am an original owner at Green Dolphin Village, having lived here 10 years now. It's incredibly sad and disappointing to see the area go down the dumps so rapidly since I first moved here 2000. On a daily basis I drive by the Shaws/Home Depot plaza only to find more and more out of work imigrants haning around the Shaws parking lot soliciting themselves for work. I basically can no longer shop at Market Basket because the primary first spoken language is now Spanish NOT English. And I constantly have to remind myself that my address is in fact located in the United States of America. Now we can look forward to the 'low' end version of Marshall's, AJ Wright, moving into the Shaws plaza as well. I've traveled all around the world and never'expected' that the areas I visit become my culture or ethnenticity, and I'm appauled that we are being expected to here more and more. A Drug Clinic just around the corner from these already downward spiraling areas will only add to the decline and safety of our neighborhoods. Not to mention our plumeting property values not only due to the economy but also due to the proposed expantion of the Transfer Station! When is it going to stop'? As a nearby property owner to Highland Ave and Tax Payer of Salem, I urge you to reconsider the damaging effects this clinic will have on an already declining area/neighborhood. Sincerely, Charlene C Green Dolphin Village Property Owner 9/17/2010 4 Red Jacket Lane Fi C I V Fw Salem, MA 01970 SER 20 2090 September 16, 2010 DEPT, OF PLANNING s COMMUNITY DEVEL.OPME, i Ms. Stein, My name is Lance Sobelman and I live at 4 Red Jacket Lane in Salem. I attended last night's zoning board meeting and only knew a little about the planned methadone clinic prior to the meeting. I grew up in Swampscott and two years ago bought a townhouse in Salem right before I got married to my wife. My wife and I are planning on having children in the near future and when I told my wife about last night's meeting she became scared of the possibility of living so close to the proposed clinic. She told me that if the clinic is approved she wants to put our house on the market immediately as this would not be the type of neighborhood she would feel comfortable raising a family. I could not agree with her more. We love where we live right now. We brag to our friends and family how great it is to live so close to the beaches, supermarkets, a Home Depot, our bank, and even Wal-Mart as it's so convenient for us. I would no longer be able to brag about how great it is living in our neighborhood is a methadone clinic was permitted less than a half-mile down the road. As mentioned at the meeting last night, traffic would be increased on I" Street and as well in the Trader's Way shopping Center area. Needless to say, the individuals frequenting this clinic would not be the type I would feel comfortable having around my neighborhood seven days a week especially since my wife works from home and will hopefully be raising our children there as well. I went by the clinic in Peabody this morning and it was a total zoo from a traffic and parking perspective. You and your fellow Board members should make an unannounced surprise visit and witness the congestion and overflow for yourself. Please reject this application for a permit because my wife and I do not want to leave the home we love and will do so if this site for the clinic is approved. Lance Sobehn i Page 1 of 1 Danielle McKnight From: Ivy Ringhoff[IRinghoff@heartsonfire.com] Sent: Wednesday, September 15, 2010 3:35 PM To: Danielle McKnight Subject: VOTE NO ON METH CLINIC Good afternoon, Please forward to Chairman Robin Stein: It has come to my attention that there could potentially be a methadone Clinic moving into the vacant Chevy Hillcrest site on Highland Ave. PLEASE do no let this happen! I live on Valley Street and take the MBTA bus to work in Boston every day, and believe I would be very affected by this- it is my neighborhood! Please Vote against this!!! Warm Regards, Ivy Ringhoff Hearts On Fire p: 617-912-53 f: 617-204-4491 n hoff heartsonfire.com �w.s..x 9/16/2010 Page l of I Danielle McKnight From: Melissa Dumont iwildcatht2@yahoo.comi Sent: Wednesday, September 15, 2010 1:52 PM To: Danielle McKnight Subject: Opposition to Meth Clinic on Highland Avenue Hello, Ms. McKnight. If you would be so kind as to pass a copy of this email along to Chairman Robin Stein, I would greatly appreciate it. Thank you. Dear Chairman Stein: I wholeheartedly oppose a methadone clinic at the Hillcrest Chevrolet site on Highland Avenue. Bringing this type of clientele to Salem will be a very bad decision. Not only are there schools in the area, but it is someone's neighborhood. Would you like a meth clinic in your neighborhood? I really don't think that you would. People who need methadone should be getting help from a rehabilitation center and not be handed a free high. I can think of thousands of other ways to help people with our taxes instead of giving someone the okay to get high, and especially in my neighborhood. It's completely unacceptable. There is already too much crime in our city and surrounding cities, so please do not add to the problems. We should making our community better and not worse. Thank you for your time. Melissa Dumont 9/16/2010 Page I of 1 Danielle McKnight From: john irving Dohnirvingt@earthlink.netj Sent: Wednesday, September 15, 2010 2:10 PM To: Danielle McKnight Subject: I oppose the clinic Dear Mr. McKnight. Please pass this email to Mr. Robin Stein. I oppose the Methadone clinic, anywhere near the area I live in, the commerce of the area will be affected long term, and as such the quality of the area overall, this is a negative move in growth for this or any area, these clinics should be set in areas that are outside mainstream, an Industrial park perhaps, on a bus route that is reachable, but not in the vicinity of schools and homes, I for one can tell you if there had have been a methadone clinic where it is being proposed, I WOULD not have bought the property I did in 2008. A consideration was the tone of the area and future development in a positive way, not this.....please find a suitable area to treat these unfortunate human beings, do not inflict their mistakes on usel. Keep it out of Salem please. Thank John.lrving 18 Verdon Street Salem MA 01970 9/16/2010 Danielle McKnight From: melissainnes@comcast.net Sent: Tuesday, September 14, 2010 1:12 PM To: Danielle McKnight Subject: Hillcrest chevy Good afternoon, As a mother of 14 month old twins and a resident of Salem I would like to state that I am against the proposed methadone clinic to go into Hillcrest Chevy on Highland ave. I understand that patients have a right to treatment but at what cost. In this economy, businesses are struggling. The suggested site would prevent many residents from shopping at the local stores on Highland Ave. I am concerned about the safety of my family and property, as I reside at Hawthorne Commons. My husband and myself are unable to attend the meetinh tomorrow evening. Please consider this email as our voice as Salem residence. Thank you for your time. Regards, Melissa & Robert Innes Sent from my Verizon Wireless B1ackBerry - 1 Danielle McKnight From: gstrekalov [gstrekalov@mos.org] Sent: Tuesday, September 14, 2010 7:28 PM To: Danielle McKnight Dear Board of Appeals, I live with my wife and daughter in Hawthorne Commons, 205 Highland ave. unit 3202, Salem, MA 01970. I am strongly opposing the plan to open a methadone clinic in our neighborhood. I don't want to compromise the safety of my wife and daughter around this clinic. we have a lot of children in our community who deserve to be raised in a safe and friendly environment. Please share my *strong opposition* with the community, since I am not able to attend the meeting. Sincerely yours, Gennady Strekalov 1 Page 1 of 1 Danielle McKnight From: john irving Dohnirving1@earthlink.net] Sent: Monday, September 13, 2010 8:37 AM To: Danielle McKnight Subject: Clinic Dear Mr. McKnight. I whole heartedly oppose the Methadone Clinic site, this will bring the tone of the whole area down, and stunt any further improvements that are taking place in the area, the new shops etc over the last couple of years has improved the area and commerce on Highland Ave, this will be a big step backwards. A methadone clinic does not belong in an area where young people are schooled. Along with the proposed Garbage site expansion, that also does not belong in a residential area. Perhaps the Clinic should be sited further South, the further the better for Salem, there are shops and gas stations in Lynn selling drug items such as, Precision scales, necklace's of imitation crack rocks, bongs large and small. Put the clinics in the communities that encourage and profit from this detestable human weakness, do not export the consequences to other communities, certainly not anywhere near a School or Residential area. Yours Sincerely John.Irving , 9/13/2010 Page 1 of 1 Danielle McKnight From: Frank Ryan [fnryan@comcast.net] Sent: Monday, September 13, 2010 12:48 PM To: Danielle McKnight Subject: meth clinic Please pass along to Chairman Stein my request that the Board NOT approve a methadone clinicso near to my home, either now or in the future. I live at 70 Whalers Lane in Salem. Thank you. Frank Ryan 9/14/2010 Page 1 of 1 Danielle McKnight From: s5t@comcast.net Sent: Sunday, September 12, 2010 11:13 AM To: Danielle McKnight Subject: Clinic! To: Ms. McKnight Please tell chairman Robin Stein not to approve clinic on Highland Ave.. Kids that go to school are expose to enough that is around them. Children who are young and do not understand are going to ask questions of why people are hanging out on the street and around the clinic. Living around a garbage dump is enough now this. Please Chairman Robin Stein do not approve of the clinic!!!!! Sincerely, Suzanna Turyn s5t ,comcast.net 9/13/2010 Danielle McKnight From: Frank Morrill [f.morrill@comcast.net] Sent: Sunday, September 12, 2010 7:37 PM To: Danielle McKnight Subject: usmc I...and all of my neighbors here in Mariner Village...are 100 percent opposed to a drug school in our neighborhood. If you have a vote....vote it down...or...send these comments to the party involved.....who has the vote. This guy who wants to put this place in amongst us....where is he from ? Has to be a lot of money in it...for him. 9/13/2010 September 10, 2010 Many Reasons for rejecting the proposed site for a Regional Methadone Center As a concerned health professional, parent and Salem tax payer, I urge the City of Salem Zoning Board of Appeals to deny a Special Permit as requested by Community Health Care, Inc. (CHC, Inc) for the proposed operation of a regionalized methadone center at the former Hillcrest automobile dealership at 207 Highland Ave. for many reasons. Salem High School, Farrell Court, Piquoit Highland Apartments and Hawthorne Commons Apartments are within 1000 ft. of the proposed methadone center. Clearly a thickly populated area and more populated than the Canal St. site. From a Public Health perspective in the fight to curb childhood obesity, this site would be another barrier for pre-teens and teens to walk to Salem High and the Middle School, as they would have to walk by the regional methadone clinic or by the patients waiting at the bus stop. Politics aside, Salem continues to be without a permanent credentialed Health Agent, who could review specific data on this issue and render a professional opinion. In conjunction with the Salem Police, she/he then could monitor the site for safety of the public's health. There is a conflict of interest in a"for-profit methadone clinic". Companies profit from the unfortunate people attending these clinics. Methadone is supposed to be short-term transitional drug. There is no incentive for these companies to get people weaned off methadone. This type of medical clinic should be held at Salem Hospital for those 100 or so Salem residents who require treatment. "If you provide it they will come". CHC, Inc stated at the last proposed site that 100 Salem residents attend Peabody's methadone clinic daily. If this Highland Ave. facility was to treat Salem residents only I would be in full support knowing the need for such treatment centers, however 300-? patients per day will be overwhelming to these neighborhoods. This would result in an undue concentration of medicated people and car traffic in the Ward 3 & 4 neighborhoods. Neighborhood safety and security should be first and foremost. As you know in Ward 3 a regional transfer station was approved a short distance from this proposed regional methadone clinic location which will be transporting garbage in 80 large trucks (10-30 ton trucks) daily in Wards 3-4. Up the street a little further in Ward 4 is the proposed Lowes & Wal-Mart project which is predicted to bring an additional 2000 cars per day onto Highland Ave. And there are several fully permitted residential developments that are not built yet in Wards 3 & 4. The demographic profile of Salem in 2007 is that of a medium-lower income status (household median incomes of less than$52,701). Community injustices can be considered to occur when a community—regardless of their racial, ethnic,and/or class-based demographic profile—is very burdened by the presence of these regional facilities relative to other communities in the area. In this respect, Salem would be most impacted (especially Wards 3 & 4) by this project and is already among some of the most environmentally(increase particulate matter from vehicles) overburdened communities in the state. Salem, a small city of 8.1sq. miles is already host to: -regional homeless shelter -regional transfer station -regional Power Plant - regional Medical Center -regional University College -Salem has the highest 40B housing in the area -yearly regional Halloween party As a tax payer my property value will decrease due to the above mention. As a City we need to be concerned with how we portray our small City. "The Small City with the most Regionalized Facilities" Because some communities are disproportionately burdened by excess air pollution, noise and traffic, communities should be empowered to direct their own futures and city & states should advocate programs to protect where people live, work, and recreate. Sincerely, Paulette Puleo To whom it may concern, I am writing in regards to the potential methadone clinic being located at the former Hillcrest Chevrolet building. I plan on attending the public hearing on September 15, 2010 to express my grave concern about locating the clinic at this site. There are many students, especially high school and middle school that walk past that site every morning. By locating a methadone clinic at this spot, they would be putting children's safety at risk. How can anyone seriously consider this an appropriate site located right next to a high school? This is also next to a very busy grocery store that services a high degree of elderly people. I believe it is going to increase our crime rate, and I also believe it will increase automobile accidents on this already very busy stretch of road. If you look at the treatment process- how they use methadone - the high risk of death, the addictiveness of it based on research, it's as hard - actually harder to get off it then Heroin. Your basically trading one drug for another. I don't think we need that here. Neighborhood safety and security should come first and foremost. I look forward to hearing back from you with your views on this issue. I am very upset and concerned for the well being of our neighborhoods and for the safety of the children of Salem. Thank you, Louis Zukowski 29 Mooney Rd Patge I �f I Danielle McKnight From: Frank Morrill [f.morrill@comcast.net] Sent: Friday, September 10, 2010 7:28 PM To: Danielle McKnight Subject: Fw: druggies...... Please do....see note below ----- Original Message----- From To: 'Frank Morrill' Sent: Friday, September 10, 2010 5:55 PM Subject: RE: druggies...... A(wally the city council doesn't get to vote on this. The proposal is going in from: Tom it Nord of Appeal for a Special Permit, You may want to send an er'ipd =o the clerk of that board, Danielle McKnight, dmcknight@salem.com, and lsi. h'cr to to[ vdard Your comments to Chairman Robin Stein. I will be attending the ZBA meeting set for Wednesday, September 16th at 6:30PM in opposition to h;� proposal. hopefully enough people will attend or send commentary to sti',--1 thn 1.1,oard front approving a clinic at 'that IocalJon. 11 k nri Y` Joal't Bj Lovely tariill�ill0 r-eiL-1d?C�f - 1 uari.!c,veiyti�ti21-i'LO`;.nli. From: Frank Morrill [mailto:f.morrill@comcast.net] Sent: Friday, September 10, 2010 5:09 PM To: Joan, Lovely@Verizon.net Subject: druggies...... Joan....please....do not vote for a drug place at Hillcrest....there is plenty of room for it at the end of your street. If I were a resident of one of those apartments....across and behind...I would go ballistic. How about Salem Willows ? Only fooling.....but...we do not need a druggie re hab here in Salem. Thr druggies got to where they are on their own....let them kick it on their own ...now. 9/13/2010 Page 1 of I Danielle McKnight From: Frank Morrill [f.morrill@comcast.net] Sent: Friday, September 10, 2010 7:26 PM To: Danielle McKnight Subject: usmc Miss...or....Madam................look carefully at the location of the proposed drug clinic....apartments across and in back of Hillcrest now. I live about a half mile from there...and....we DO NOT WANT the place located in a residential area. And so close to schools ..also. And just down the street from the high rise...with a lot of kids living there. Again....WE DO NOT WANT IT HERE...or.....anywhere in Salem. Thank you for your NO VOTE...........................semper fi...... 9/13/2010 Danielle McKnight From: Frank Morrill [f.morrill@comcast.netj Sent: Friday, September 10, 2010 7:26 PM To: Danielle McKnight Subject: usmc Miss...or....Madam................look carefully at the location of the proposed drug clinic....apartments across and in back of Hillcrest now. I live about a half mile from there...and....we DO NOT WANT the place located in a residential area. And so close to schools ..also. And just down the street from the high rise...with a lot of kids living there. Again....WE DO NOT WANT IT HERE...or.....anywhere in Salem. Thank you for your NO VOTE...........................semper fi...... SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 A M BUS NO 1 A Nkl , NO 2 A M BUS NO.r3 RUN#1 SALEM RUN #,1=SALENLHIGFI-6:40rX.M: RUN#1 HORACE MANN/ HIGH'6:40 A.M? 6:35 Jefferson @ Read St SALTONSTALL,6 40AM 6:40 Tremont St @ School St 6:37 Jefferson @ Preston Rd 6:40 Loring Ave @ Station Rd (Sall 6:42 Highland St @ Cushing St 6:40 Loring Ave @ Cedarcrest 6:41 Loring Ave @ Harrison Rd 6:43 North St @ Symonds St 6:44 Loring Towers 6:42 Loring Ave @ Cedarcrest (Safi 6:44 Ome St @ Larchmont Rd 6:46 Loring Ave @ Lincoln Rd 6:43 Loring Towers 6:46 Dearborn St @ Lee St 6:52 Loring Ave @ Rainbow 6:45 First St @ Traders Way 6:47 Dearborn St @ Upham St 6:54 Lafayette St @ Clifton 6:46 Pequot Highlands 6:49 Mason St @ Buffum St 6:56 Lafayette St @ Ocean Ave 6:48 73 Marlborough Road 6:51 Mason St @Tremont St 6:57 Lafayette St @ Leach St 6:49 Marlborough Rd @ Vista Ave 6:53 Boston St @ Grove St 6:58 Lafayette St @Leavitt St. 6:50 Marlboro Rd @ Scenic 6:55 Boston St. @ Hanson 7:05 Drop SALEM HIGH SCHOOL 6:52 Gallow's Hill @ Circle Hill 6:56 Proctor St at Mansell Prkwy RUN'##2 WITCHCRAF-U� 6:55 Ord St @ Butler St 7:00 Essex St @ May Street BOWDITCH 7if0 A M. 6:58 Boston St @ Rawlins St 7:10 Drop SALEM HIGH SCHOOL 7:1513road @ Hawthorne St 7:00 Boston St @ (KiKi)'s RUN#2 COLLINSMIDDL'E 7:18 Broad St @ Summer St 7:03 Proctor St @ Mansell Parkway SCHOOL,712'`AN1 7:23 Derby St @ English St P 7:05 Proctor St @ Highland Ave 7:08 Highland Ave @ Thomas Cir 7:25 Essex St @ Bentley St. 7:06 Essex St @ Botts Court 7:12 Ravenna @ Barcelona 7:26 Washington Square East @ 7:06 North St @ Lynde St 7:14 Ravenna @Madeline Forrester 7:07 North St @ Foster St 7:15 Old Village Drive @ Indian Hill 7:28 Essex St @ Webb St 7:08 North St @ Dearborn 7:18 Barnes Rd @ Barnes Cir 7:30 Bridge St @ Arbella 7:09 Dearborn St @ Lee 7:20 Barnes Rd @ Clark St 7:31 Bridge St @ Osgood St 7:11 Dearborn St @ Felt 7:21 Clark St @ Clark Ave 7:33 Bridge St @ Thorndike St 7:13 North St @ Garden Ter 7:22 Pequot Highlands 7:34 Bridge St @ March St 7:14 Oakland @ Balcomb (Salts) 7:25 Marlborough @ Orleans 7:36 Bridge St @ Conant St 7:15 Balcomb St @ School St (Turn In) 7:40 Broad St @ Summer 7:16 Mason St @ Barstow 7:27 Marlborough @ Verdon 7:42 Broad St @ Opp Hawthorne St 7:17 Mason @ Oak (Come Out) 7:44 Proctor St @ Pope St 7:20 Jefferson @ Ocean Ave West 7:28 Marlborough Rd @ Greenlawn - :48 Proctor St @ Highland Ave 7:22 Jefferson Ave @ Arthur St 7:29 Marlboro Rd @ Outlook :50 Highland Ave @ Almeda 7:25 Jefferson @ Preston (Salts) 7:33 Marlboro Rd @ Sable Rd 7:53 Drop BOWDITCH SCHOOL 7:30 Drop HORACE MANN 7:34 Rockdale @ Belleview 8:05 Drop WITCHCRAFT SCHOOL 7:35 Ord St @ Shillaber St HEIGHTS SCHOOL 7:33 Lafayette St. @ Raymond 7:38 Boston St @ Hanson St 7:35 Drop SAL TONSTALL 7:41 Boston @ May (2 Bowditch) SCHOOL _ 7:46 Drop COLLINS MIDDLE RUN #2,WITCHCRAFT,,SCHOOL SCHOOL CARLTONj7:37,A:N1 RUN #3 B0WDITCH SCHOOL 7:39 Congress St @ Palmer St 7:50 A M 7:40 Congress St @ Harbor St 7:52 Congress St @ Palmer St 7:43 Derby St @ Central St 7:54 Congress St @ Harbor St 7:45Bridge St @ Oliver St 8:00 Jefferson Ave @ Winthrop 7:50 Drop CARLTON SCHOOL 8:08 Drop B 0 WDITCH SCHOOL 7:52 Bridge St @ Northey St 7:55 Essex St @ May St 7:57 Valley St @ Cherry Hill Ave 7:59 Valley St @ Parlee 8:05 Drop WITCHCRAFT Salem School Department - 1 - 8127/10 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 A M BUS NO 4 A M BUS NO"5 A MBUS NO'r6 }�,a. - _,,a,e ,�..�.. a 6:53 Highland @ CroH dOL-6:45 A:M is 'BATES1=6.50 A° j O: alem H�gh,Schoo AM 6:56 282 Highland Ave . 7:00 Mill Hill 6:45Congress St @ Palmer St 6:58 First St @ Traders Way 7:01 Lafayette St @ Hancock St 6:47Congress St @ Harbor St 7:00 Pequot Highlands 7:02Lafayette St @ Holly St. 7 00 Drop Salem High School 7:07 Proctor St @ Highland Ave 7:04 Ocean Ave @ Hazel RUNT#2 COLLINS MIDDLE 7:08 Proctor St @ Pope St 7:05 Lafayette St @ Chase St SCH600;6: 56,A M:. 7:12 Bridge St @ River St 7:06 Congress St @ Palmer St 7;05 Jefferson Ave. @ Laurent 7:20 Mason St @ Buffum St 7:07 Congress St @ Harbor St 7:07 Jefferson Ave @ Read 7:28 School St @ Buffum St 7:11 Opposite 86 Essex St 7:09 Jefferson Ave @ Preston Rd 7:30 Drop BATES SCHOOL 7:12 Essex St @ Daniels 7:14 Loring Ave @ Pickinan Rd RUN#2 WITCHCRAF I/ _ 7:15 Essex St @ Hardy 7:15 Loring Ave @ Harrison Rd -BO WDIT'd SCHOOL7:34?,.M� 7:17 Drop BENTLEY SCHOOL 7:17 Loring Ave @ Cedarcrest Ave 7:34 Dearborn St @ Orchard St 7:19 Essex St @ Webb St 7:18 Loring Hills 7:36 North St @ Orne St 7:21 Congress St @ Harbor St 7:22 Loring Towers 7:38 North St @Garden Ter 7:23 Congress St @ Palmer St 7:25 Loring Ave @ Lincoln 7:42 Balcomb St @ School St 7:25 Washington @ Front St 7:27 Raymond Rd @ Rainbow Ter 7:44 Mason St @ Buffum St 7:31 Drop BATES SCHOOL 7:28 Forest St @ Linden St 7:45 Mason St @ Barstow St RUN'#2 BOWDITCH SGHOOL_ 7:29 Lafayette St @ Clifton Ave 4 a 7:46 Mason St Opposite Flint St 7 40 A MN 7:30 Lafayette St @ Leach St 7:47 Boston St @ Grove St 7:43 Belleview Ave @ Bedford 7:32 Lafayette St @ Leavitt St 7:48 Boston St @ Watson St 7:44 Marlboro @ Scenic 7:34 Congress @ Harbor 7:50 Ord St @ Butler St 7:58 Clark St. @ Clark Ave 7:35 Derby St @ Central St 7:53 Drop WITCHCRAFT 8:00 Pequot Highlands 7:36 Mill Hill SCHOOL 8:05 Drop BOWDITCH SCHOOL 7:40 Drop COLLINS MIDDLE 8:02 Drop BOWDITCH SCHOOL SCHOOL RUN# S3 ALEM AC 4DEMY CHARTER SCHOOL,745A Mg 7:42 Proctor @Highland 7:44 Proctor @ Pope 7:47 Boston St @ Pope Street 7:53 Oakland St @ Balcomb St 7:56 North St @ Symonds St 8:06 North St @ Mason 8:15 Drop ACADEMY CHARTER SCHOOL Salem School Department - 2 - 8/27/10 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 ...._. S N A M BUS N0�.7 _ A�NIBUS N0�8 A M.sBU _O 4 RUN'#1 HORACEMANN//; RUN 4 RUN#1 BENTLEY/ BENTLEY/CARLTON 6:45A M'_ BENTLEYlSALTONSTALLI BATES SCHOOL 6':46-9k ... 6:49 Boston St @ Federal St HORACE MANN SCHOOL�6:40 6:40 Jefferson @ Ocean Ave West 6:51 Ord St @ Butler St ko 6:41 Jefferson Ave @ Arthur St 6:53 Essex St @ May St 6:41 Essex St @ May St 6:42 Jefferson Ave @ Story St 6:57 Broad St @ Summer St 6:42 Proctor St @ Highland Ave 6:43 Jefferson Ave @ Preston Rd 6:58 Lafayette @ Dodge 6:44 Proctor St @ Mansell Parkway 6:45Rainbow Terrace@ Raymond E 7:00 Jefferson Ave @ Laurent St 6:46 Boston @ Watson 6:47 Loring Ave @ Broadway 7:08 Loring Ave @ Cedarcrest Ave 6:48 Aborn @ Ord 6:50 Loring Ave @ Station Road 7:10 Loring Ave @ Loring Hills Ave. 6:50 #139 Marlboro Road 6:51 Loring Ave @ Harrison Rd 7:15 Loring Towers 6:52 Dibiase St @ Buena Vista 6:52 Loring Ave @ Oakview Ave 7:25 Raymond Rd @ Rainbow Ter 6:54 286 Highland Ave 6:53 Loring Ave @ Cedarest 7:28 Lafayette @ Rainbow Ter 6:59 Barnes @ Barnes 6:55 Loring Towers 7:30 Drop HORACE MANN 7:00 Clark St @ Barnes 6:58 Loring Ave @ Chandler SCHOOL 7:05 Pequot Highlands 7:02 Cleveland Rd @ Grant Rd 7:31 Lafayette St @ Leach St 7:12 Bridge St @ Carpenter 7:07 Jefferson @ Parallel 7:34 Mill Hill 7:15 Bridge St @ Lemon St 7:08 Jefferson Ave @ Wheatland S1 7:38 Congress St @ Palmer St 7:17 Bridge St @ Conant St 7:09 Jefferson Opp Francis 7:40 Congress St @ Harbor St 7:28 Bridge St. @ Osgood 7:10 Broad St @ Ome Sq 7:42 Essex St @ Bentley St 7:20 Drop BENTLEY SCHOOL 7:11 Broad St @ Summer St 7.44 Drop Bentley School 7:24 Columbus Ave @ Bayview 7:21 Derby @ Union St 7:45 Webb St @ Bridge St 7:25 Essex St @ Webb St 7:23 Derby St @ Daniels St 7:46 Drop CARLTON SCHOOL 7:30 Congress St @ Harbor St 7:25 Derby St @ Webb St 7:32 Mill Hill 7:28 Drop BENTLEY SCHOOL 7:30 Leavitt St @ Prince St 7:32 Columbus @ Bayview 7.40 Drop SAL TONSTALL 7:36 Bridge St @ Conant St 7:45 Hazel St @ Ocean Ave 7:38 North St @ Dearborn St 7.47 Drop HORACE MANN 7.40_Drop BATES SCHOOL SCHOOL RUN#2 COLLINS MIDDLE RUN#2SALEM=ACADEMY SCHOOL-7:40 AM �� _ CHARTER SCHOOL7 50 A.MI 7:44 Felt St @ Claremont 7:50 Jefferson Ave @ Cloutman St 7:45 Dearborn St @ Orchard St 7:59 Loring Towers 7:46 Dearborn St @ Upham St 8:05 Loring Ave @ Rainbow Ter 7:48 North St @ Stodder Place 8:15 Drop SALEM ACADEMY 7:50 North St @ Garden Ter CHARTER SCHOOL :53 Highland St @ Cushing St 7:55 School St @ Barstow St 7:58 Mason St @ Buffum St 7:59 Boston St @ Grove 8:00 Flint St @ Federal St 8:05 Drop COLLINS MIDDLE SCHOOL Salem School Department - 3 - 9127110 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 A.M BUS NO 1Q A M 'BUS NO. 11 A MBUS NO 12 RUN'#rSALEM HIGII �W '9 F KC IIB 238 Bus 240 SCH0OL=6 42 A"M' RUN#F SALEM HIGH 6:_40 A-M! RUN•`#1 SHS/BENTLEY 6:43 Ord St @ Shilaber 6:33 Essex St @ Orange St SCHOOL,6'4011.A:M.1 6:46 Belleview Ave @ Bedford St 6:36Fort Ave @ Winter Island Rd 6:45 Congress St @ Harbor St(SH'. 6:48 Belleview Ave @ Rockdale Ave 6:38 Columbus Ave @ Bay View 6:50 Highland Ave @ Almeda (K) 6:49 Marlborough @ Home 6:40 Fort Ave @ Memorial Dr 7:00 Drop Salem High School 6:50 Marlborough Rd @ Verdon St 6:42 Essex St @ Webb St 7:03 Highland Ave@ Wilson Rd (K 6:51 Highland Ave @ Thomas Cir 6:44 Webb St @ East Collins St 7:04 Boston St @ Federal St 6:53 Barnes @ Barnes Cir 6:45 Bridge St @ Thorndike St 7:07 Boston St @ Hanson St 6:54 Clark St @ Clark Ave 6:46 Bridge St @ Skerry St 7:08 North St @ Foster St. 6:55 Pequot Highlands 6:47 Bridge St @ Saunders St 7:10 North St @ Liberty Hill 7.00Drop SALEM HIGH SCHOOL 6:48 Bridge St Opposite Oliver St 7:11 North @ Garden Ter RUN#2;WITCHCRAFT/ 6:50 Essex @ Monroe St 7:12 Balcomb St @ Oakland St BOW6ITCH,SCHOOLS-7:05 rA.M, 6:53 Summer St @ Broad St 7:13 School St @ Barstow St 7:05 Jefferson Ave @ Read St 6:54 Mill Hill 7:15 Mason St @ Barstow St 7:08 Jefferson Ave @ Preston 7:08 Drop SALEM HIGH 7:20 Bridge St @ Howard St . 7:09 Loring Ave @Preston Rd RUN#2,WITCHCRAFT SCHOOL! 7:21 Webb St @ Collins St 7:10 Loring Ave @ Harrison Rd ACADEMY 7 A M1 7:23Drop BENTLEY SCHOOL 7:13 Loring Ave @ Oakview Ave 7:18 Verdon St @ Crosby St RUN42 COLLINS MIDDLE' 7:15 Loring Towers 7:20 Barcelona Ave @ Savona SCHOOL7:28'A M.l 7:20 Loring Ave @ Elm Ave 7:22Barcelona Ave @ Ravenna 7:25Fort Ave @ Memorial Dr 7:22 Rainbow Terrace @ Loring Ave 7:24 Ravenna Ave @ Madeline 7:27Fort Ave @ Winter Island Rd 7:28 Lafayette St @ Rosedale 7:26 Ravenna Ave @ Pyburn Ave 7:28 Columbus Ave @ Bay View 7:30 Lafayette St @ Clifton 7:30 Barnes Rd @ Barnes Cir 7:30 Essex St @ Webb St 7:31 Lafayette St @ Ocean Ave 7:31 Barnes Rd @ Clark St 7:32 Webb St @ East Collins St 7:33 Lafayette St @ Leach St 7:33 Clark St @ Clark Ave (Charter) 7:35 Bridge St @ (opposite) Osgooi 7:34 Lafayette St @ Leavitt St 7:35 First St @ Traders Way 7:37 Bridge St @ Conant St 7:35 Mill Hill 7:40 Pequot Highlands 7:40 Bridge St @ Saunders St 7:40 88 Broadway (Witchcraft and Charter) 7:38 Essex St opposite Orange St 7:46 Drop BOWDITCH SCHOOL 7:45 Marlborough Rd @ Outlook 7:40 Congress @ Palmer 7:50 Highland Ave @ Mooney Rd Ave West 7:48 Jefferson Ave @ Hawthorne 7.58 Drop WITCHCRAFT 7:46 Marlborough Rd @ Sable West 7:50 Drop COLLINS MIDDLE SCHOOL 7:48 Belleview @ Brentwood SCHOOL 7.51 Drop WITCHCRAFT HEIGHTS SCHOOL 7:53 Ord St @ Shillaber 7:55 Puritan Rd @ Pioneer Circle 7:57 Gallows Hill Rd @ Valley St 8:00 Broad St @ Ome Square 8:05 Drop ACADEMY CHARTER SCHOOL Salem School Department - 4 - 8/27/10 I SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 P M BUS NQ.°�1 P M�BU5 NO:"2 RUN#1 BENTLEY RUN#1=BENTLEY P MBUS NO 3 SCHOOr-I 50 P.M' SCHOW 50 P:M: RUN,_#1fiBATES SCH_OOL 1 o 1:50 Pick-Up BENTLEYSCHOOL 1:45 Pick-Up BENTLEYSCHOOL P.M 1:52 Webb St @ Collins St 1:50 Lafayette St @ Dodge St 1:50 Pick-Up Bates 1:53 Bridge St @ Conant St 1:51 Lafayette St @ Leavitt St 1:53 North Stat Dearborn St , 1:54 Bridge St @ Lemon St 1:53 Congress St @ Palmer St 1:54 North St @ Mason Street 1:55 North St @ Foster St 1:55 Congress St @ Harbor St 1:56 Essex St @ Opposite Botts Ct 1:56 North St @ Dearborn St 2:00 Boston St @ Federal St 1:58 Broad St @ Phelps 1:57 North St @ Garden Ter 2:05 Abom @ Ord 2:00 Broad St at Summer St 1:59 Oakland St @ Balcomb St 2 10 Ord St @ Butler St 2:03 Lafayette St @ Dodge St. 2:01 Balcomb @ School St RUN#2°:WITCHCRAF 1 (Point Day Care) 2:04 Mason @ BarstowSCHOOL 2 25'T.M, 2:05 Mill Hill 2:06 Mason @ Tremont 2:25 Pick-UP WITCHCRAFT 2:06 Lafayette St. @ Hancock 2:08 Mason St Opposite Flint St 2:30 139 Marlboro Road 2:08 Lafafayette St. @ Holly St 2:09 Flint St @ Federal St 2:3173 Marlboro Rd 2:10 Ocean Ave @ Hazel 2:10 Boston St @ Watson St 2:33 Marlboro Rd @ Verdon St 2:14 Congress St @ Palmer St 2:14 Butler St. @ Nichols St. 2:34 Marlboro Rd @ Orleans Ave 2:15 Congress St @ Harbor St 2:16 Essex St @ May St 2:35 Barcelona @ Savona 2:17 Boys and Girls Club 2:19 Broad @ Summer 2:36 Barcelona @ Ravenna Ave 2:18 Derby St @ Webb St kJOKW BOWDITCH_ 2:37 Barcelona @ Madeline 2:20 Columbus @ Bayview SC66OI'2 21 P.M 2:38 Ravenna Ave @ Pyburn Ave 2:24 Webb St @ Collins St 2:21 Pick-Op BOWDITCH 2:41 Barnes Rd @ Barnes Cir 2:25 Bridge St @ Conant St SCHOOL 2:42 Barnes Rd @ Clark St RT1N#2 CARLTON SCHOOL, 2:23 Broad St @ Winthrop 2:43 Clark St @ Clark Ave 2:30 Pick-Up CARLTONSCHOOJ 2:24 Jefferson Ave @ Winthrop 2:48 Pequot Highlands 2;36 Essex St @ Washington Squar 2:25 Proctor St @ Highland Ave RUN#3'COLLINS MIDDLE 2:38 Congress St @ Harbor 2:26 Proctor St @ Pope St SCHOOL%2 50 P;M' 2:42 Congress St @ Palmer 2:28 Tremont @ Grove 2:50 Pick-Up COLLINS MIDDLE 2:45 Lafayette St @ Holly (Leach) 2:30 Mason St @ Buffum St 2:55 Lafayette St @ Leavitt St 2:49 Loring @ Rainbow Ter 2:32 Mason St @ Tremont St 2:58 Congress St @ Palmer St 2:55 Loring Ave @ Station Rd 2:35 Boston @ Grove 3:00 Congress St @ Harbor St. 3:05 Loring Ave @ Carol Way' 2:38 Boston St @ Watson St Run #4 SALTONSTALL @ 3:05 3:10 Loring Towers 2:40 Ord St @ Butler St 3:05 Pick-Up Saltonstall 3:13 Loring Ave @ Chandler 2:42 Ord St @ Shilaber St 3:12 Congress St @ Palmer St 3:19 Jefferson Ave @ opposite Rea, 2:44 Belleview Ave @ Carollton 3:15 Congress St @ Harbor St. 2:48 Circle Hill Rd @ Rockdale Ave 3:20 Lafayette St @ Derby St 2:49 Marlboro Rd Opposite Scenic 3:25 Fort Ave @ Winter Island Rd 2:50 Marlboro Rd @ Orleans Ave 3:28 Columbus @ Bayview ` 2:55 Highland Ave @ Thomas Circle 3:33 Fort Ave @ Memorial 2:58 Ravenna Ave @ Madeline Ave 3:35 Webb St @ E. Collins 3:03 Barnes @ Clark Ave. 3:37 E Collins @ Opposite Beacon 3:45 Jefferson @ Preston (Salts) 3:47 Loring Ave @ Station Rd 3:49 Loring Ave @ Harrison Rd 3:50 Loring Towers Salem School Department - 5 - 8/27/10 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 P M�BUS NO 4 P MBUS NO� P M =BUS NO 6 RUN#I=BATES,1:30 P.Ms RUN #I;BENTLEY 1 50 P.M.a RUN#1 SALEM HIGH 1:50 Pick-Up BATES 1:50 Pick-Up BENTLEY SCHOOL SCHOOL=2:05_P.M? SCHOOL 1:53 Essex Street Opp Botts Court 2:05 Pick-Up SALEM HIGH 1:54 School St @ Balcomb 1:55 Boston St @ Federal St SCHOOL 1:57 Boston St @ Grove St 1:57 Boston St @ Hanson Street 2:14 Boston St @ Fowler St 2:00 Proctor St @ Mansell Parkway 1:58 Proctor St @ Pope Street 2:16 Mason St @ Tremont St 2:03 Proctor St @ Highland Ave 2:01 Highland Ave @ Proctor St 2:18 Tremont @ School St 2:05 Highland @ Crowdis 2:02 Highland Ave @ Almeda(K) 2:20 Oakland @ Balcomb 2:15 First St @ Traders Way 2:03 #286 Highland Ave 2:22 North St @ Symonds St 2:17 Pequot Highlands 2:04 Ravenna @ Pyburn 2:24 Dearborn St @ Upham St 2:19 Jefferson @ Parallel 2:08 Clark St @ Barnes 2:25 Orne St Opposite Larchmont 2:21 Wilson St @ Champlain 2:15 Pequot Highlands 2:30 Boston St @ Watson St RUN#2'BOWDITCH 2:18 Buena Vista Ave @ Dibiase 232 Ord @ Shilaber SCHOOL2 T 25AP M S RU RUN#2 WITCIICRAFHEIGHTN#2 WITCHCRAFT uv ., .� ..,,,., m,.a 2:25 BOWDITCH SCHOOL SCHOOL 2.20P.M SCHOOL°&2'.351P M 2:27 Jefferson @ Ocean Ave West 2:20 Pick-Up WITCHCRAFT 2:35 Pick-Up WITCHCRAFT 2:29 Jefferson @ Opposite Francis 11EIGHIS SCHOOL SCHOOL 2:30Lafayette @ Dodge St 2:26 Highland Ave @ Almeda 2:45 Boston St @ Watson St (Point Daycare) 2:28 Valley St @ Cherry Hill Ave 2:47 Boston St @ Hanson 2:33 Mill Hill 2:31 Highland Ave @Greenway 2:54 Mason St @ Oak St 2:35 Congress St @ Harbor St :35 Proctor St @ Highland Ave 2:56 Mason St @ Barstow 2:40 Derby St @ English St 2:39 Proctor St @ Pope St 2:59 School @ Buffum 2:45 Fort Ave @ Memorial Ave 2:40 Boston St @ Opposite Federal 3:05 Dearborn St @ Lee St 2:50 Essex St @ Webb St 2:41 Essex St @ May St 3;13 Bridge @ Opposite Saunders 2:52 Bridge St @ Arbella St RUN #;3 COLL1IS 91-51—-E 3:15 Bridge St @ Conant St —.11-1.. ... .. _ 111-112:53 Bridge St @ March St SCHOOL 2 45 P.M 3:20 Broad St @ Summer St 2:54 Bridge St @ Conant St 2:45 Pick-Up Collins Middle School 3:21 Broad St Opp Hathome St 2:57 Bridge St @ Opposite Mall St. 2:50 Broad St @ Hathorne St 3:00 North St @ Foster St 2:52 Mill Hill 3:04 North St @ Dearborn St 2:53 Derby @ Central 3:08 Orne St @ North Street 2:54 Derby St @ Hardy St 3:10 North St @ Garden Ter 2:57 Fort Ave @ Memorial Dr 3:12 Oakland St @ Balcomb St 2:59 Fort Ave @ Winter Island Rd 3:15 School Street @ Balcolmb 3:01 Columbus Ave @ Bay View 3:17 Tremont St. @ Grove St. 3:04 Essex St @ Webb St 3:20 Boston St @ May St 3:06 Bridge St @ Lathrop 3:09 Bridge St @ Osgood St 3:11 Bridge St @ Conant St 3:12 Bridge St @ Northy 3:13 Bridge St @ Howard St Ext 3:17 Essex St @ Washington Square 3:20 Essex St @ Hawthorne Blvd RUN1t4 W BODLTC VCOLLINS LiAT$BUS 4h3130 P M 3:25 Pick-Up BOWDITCH SCHOOL 3:30 Pick-Up COLLINS MIDDLE 3:37 Drop Willows/Bridge/North StL Salem School Department - 6 - 8127/10 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 P M BUS NO 7 . _ RUN#1,HORAGE MANN P MBUS NO:8 RUN#4 SALEM t1CAI7EMY SCHOO `-2.05 P.M RUN#1'HORACE MANI3 CHARTER SCHOOL`4 OS P.M - _, .a 2:05 Pick-Up HORACE MANN SCHOQL�2.b5P.M SALTONSTALL LATE BUS; SCHOOL 2:05 Pick-Up HORACE MANN 4:10P M Drop area Lafayett St 2:09 Canal @ Meadow 2:08 Loring Ave @ Moffatt Rd Loring AV6q;Highland'Ave;z 111, __ 2:12 Mill Hill 2:10 Loring Ave @ Cedarcrest Witchcraft; 2:13 Leavitt @ Harrison 2:12 Loring Ave @ Loring Hills 4:05 Pick-Up SALEMACADEMY 2:14 Congress St @ Palmer St 2:15 Loring Towers CHARTER SCHOOL 2:15 Congress St @ Harbor St 2:18 First St @ Traders Way 4:10 Pick-Up Saltonstall 2:17 Lafayette St @ Derby St 2:20 Pequot Highlands 4:13 Lafayette St @ Laurel St 2:20 Webb St @ Bridge St 2:23 Marlborough Rd @ Scenic 4:15 Lafayette St @ Ocean Ave RUN#2 CARLTON RUN#2pWITCHCRAFTj 4:17 Loring Ave @ Rainbow Ter SCHOOL 2 25,P Mx SCHOOL 225.P.N1. 4:20 Loring Ave @ Moffatt Rd 2:25 Pick-Up CARLTON SCHOOL 2:25 Pick-Up WITCHCRAFT 4:22 Loring Ave @ Cedarcrest 2:35 Boys and Girls Club SCHOOL 4:24 Loring Ave @ Loring Hills 2:45 Jefferson @ Margin 2:28 Summit @ Crescent Dr 4:25 Loring Towers 2:47 Jefferson @ Winthrop 2:30 Proctor St @ Pope Street 4:30 First St @ Traders Way 2:48 Jefferson @ Ocean Ave West 2:33 Highland @ Proctor(HM) 4:33 Pequot Highlands 2:49 275 Jefferson Ave 2:38 Congress St @ Palmer St 4:35 Clarke St @ Clark Ave 2:51 Essex St @ Warren St 2:40 Congress St @ Harbor St 4:40 Marlboro Rd @ Home St 2:53 Boston @ Federal 2:45 Lafayette St @ Dodge St 4:43 Gallows Hill @ Circle Hill 2:54 Boston @ Grove 2:47 Mill Hill 4:45 Belleview Ave @ Brentwood 2:55 Boston @ Rawlins RUN#3"COLLINS MIADIF 4:47 Puritan Rd @ Pioneer Circle 2:57 Proctor @ Pope St SCHObL2 50 P.M. 4:48 Ord St @ Bedford 2:59 Proctor @ Highland Ave 2:50 Pick-Up Collins Middle School 4:50 Ord St @ Shilaber SALTONSTALL@3:05 P.M. 2:55 Boston St @ Nichols St 3:05 Pick-Up SALTONSTALL 2:58 Boston St @ Watson St 3:08 Essex St @ Botts Court 3:00 Mason St @ Tremont St 3:10 North St @ Lynde St. 3:00 School @ Buffum 3:12 Dearborn St @ Lee Street 3:10 Dearborn @ Upham 3:14 Dearborn St @ Felt St. 3:15 Dearborn St @ Orchard St 3:15 North St @Garden Ter (Salts) 3:16 Felt St @ Claremont 3:17 Oakland @ Balcomb 3:17 North St @ Garden Ter 3:19 Mason St @ Barstow 3:20 Oakland St @ Balcomb St 3:20 Mason @ Flint 3:25 Flint St @ Federal St 3:23 Proctor St at Pope St 3:25 Proctor St at Highland Ave 3:27 Valley St @ Gallows Hill 3:37 Gallowshill @ Circle Hill 3:28 #73 Marlboro Rd (Salts) 3:30 Barnes @ Clarke St 3:31 First St. @ Traders Way 3:35 Pequot Highlands (Salts) Salem School Department - 7 - 8/27/10 - SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 P M"�BUS NO 9 P M t�BUS NO10 P M�crBUS NO�11, RUN'#I-BENTLEY RUN #1 SALEM HIGI RUN#1 SALEM HIGI ' - �_ L50 �. SCHOOL P.M1 SCHOOL .05 P.M� SCH66L=2:05;P.M 1:50 Pick-Up BENTLEY 2:13 Congress St @ Harbor St 2:10 Pick-Up SALEM HIGH 1:54 86 Essex St 2:16 Derby St @ Orange St SCHOOL 1:57 Mill Hill 2:17 Derby St @ English St 2:11 Jefferson Ave @ Read St 2:00 Lafayette St @ Roslyn St 2:18 Fort Ave @ Memorial Dr 2:12 Jefferson Ave @ Preston Road 2:031,afayette St @ Holly St 2:19 Fort Ave @ Winter Island Rd 2:13 Loring Ave @ Moffat Road 2:06 Lafayette St @ Ocean Ave 2:20 Columbus Ave @ Bay View 2:14 Loring Ave @ Harrison 2:10 Rainbow Ter @ Raymond 2:22 Webb @ Essex St 2:15 Loring Ave @ Cedarview St 2:14 Loring Ave @ Intervale Rd 2;23 Webb @ E Collins 2:17 Loring Ave @ Cedarcrest 2:15 Loring Ave @ Cedar Ave 2:32 Bridge St @ Skerry St 2:18 Loring Ave @ Carol Way 2:16 Loring Towers 2:33 Bridge St @ Saunders St 2:18 Loring Towers 2:18 Loring Ave @ Monroe 2:34 Bridge St @ Oliver St 2:23 Pequot Highlands 2:20 Jefferson Ave @ Parallel 2:35 Bridge St @ Howard St Ext 2:25 Highland Ave @ Thomas Circ 2:21 Jefferson Ave @ Lawrence 2.38 Brige St @ Ash 2:28 Highland Ave @ Olde Village 2:23 Wilson St @ Champlain Rd RUN_#2 COLLINS MIDDL 2:29 Barnes Rd @ Barnes Cir RUN#2BOWDITCH SCHOOIUr2 50 P.M 2:30 Clark St @ Clark Ave SCHOOL-2:'2"5"'P.M 2:50 Pick-Up COLLINS MIDDLE 2:32 Marlborough Rd @ Opp Orlea 2:25 Pick-Up BOWDITCH SCHOOL 2:34 Marlboro Rd @ Sable Rd 2:40 Loring Ave @ Rainbow Ter 2:55 Highland Ave @ Valley St 2:35 Rockdale @ Belleview 2:41 Lafayette St @ West Ave 2:56 Valley @ Parlee RUFF #2MITCHCRAFT 2:42 Lafayette St @ Ocean Ave 2:58 Ord St @ Shillaber St SCFIOOL^2:40 P NI 2:43 Lafayette St @ Leach St 3:00 Belleview Ave @ Rockdale 2:40 Pick-Up WITCHCRAFT 2:46 Lafayette St @ Leavitt St 3:05 Marlborough Rd @ Home St SCHOOL 2:48 Congress St @ Palmer St 3:07 Marlborough Rd @ Outlook opp 2:43 Highland Ave @ Mooney 2:50 Congress St @ Harbor St 3:10 #159 Marlborough Rd 2:46 Jefferson Ave @ Read St 2:48 Rainbow Ter Lorin Ave RUN#13 COLLINS'MIDDLE 3:07 Marlborough Rd OppVista Ave @ g SCHOOL-2.,59,1,.M; 3:08 Marlborough Rd @ Verdon 2:50 Lafayette St @ Ocean Ave 2:50 Pick-Up COLLINS MIDDLE 3:10 Highland Ave @ Thomas Cir 2:52 Lafayette St @ Forest 2:55 Jefferson Ave @ Read St 3:12 Ravenna Ave @ Barcelona 2:54 Laurel St @ Hazel 2:57 Jefferson Ave @ Preston Rd 3:14 Ravenna Ave @ Madeline Ave 2:56 Canal Street @ Broadway 2:59 Loring Ave @ Station Rd 3:18 Barnes Rd @ Barnes Cir 2:58 Loring Ave @ Station Rd 3:00 Loring Ave @ Pickman Rd 3:20 Clark St @ Clark Ave 2:59 Loring Ave @ Moffat Rd 3:02 Loring Ave @ Cedarcrest 3:24 Pequot Highlands 3:00 Loring Ave @ Oak-view Ave 3:05 Loring Ave @ Loring Hills 3:02 Loring Ave @ Cedar Crest Av 3:10 Loring Towers 3:03 Loring Ave @ Loring Hills 3:18 Loring Ave @ Rainbow Ter 3:05 Loring Towers 3:20 Lafayette St @ Ocean Ave 3:08 Loring Ave @ Elm Ave 3:22 Lafayette St Leach St 3:15 Jefferson Ave @ Ocean Ave RUN#4 BOWDITCHICOT I iNS West LATE BUS #2x3:30 P.Iv1 325 Pick-Up BOWDITCH 3:30 Pick-Up COLLINS MIDDLE 3:3 7 Drop Area -Lafayette St.areas— Loring Ave—Highland Ave. Salem School Department - 8 - 8/27/10 SALEM SCHOOL DEPARTMENT BUS SCHEDULE 2010-2011 P.MaBUSNO l2 P.M BUSNo:& PM. BUSN 3 'on 1R: •••• RUN#1-SALEM HIGI North'Readang,TraiisportR I , North�Reading�hGsportation, SCHOOL-2 05 P.M a.� RUN#4SALEMACADEMIj Run #3SALEMACADEMY 2:10 Pick-Up SALEM HIGH Charter School 4 05 P.M! Charter Sch 0714 05PM SCHOOL SAL TONSTALL LATE BUS SA,LTONSTALL'SCHOOLlLATE 2:15 Congress @ Palmer 41bP MDrop area Lafayeue St; BUS 410PM :- 2:17 Lafayette St @Leach St LormgAve Flighland 9ve' Willows Brzdg St North_ Salem_- 2:18 Lafayette St @ Ocean Ave BOS n St areas.? 2:22 Loring Ave @ Rainbow Ter 4:05 Pick-Up SALEM ACADEMY 4:05 Pick-Up Salem Academy RUN#2 BOWDITCH CHARTER SCHOOL Charter School SCHQOL"2 25`P.M 4:10 Pick-Up Saltonstall School 4:10Pm Pick-'Up Saltonstall Schoo 2:25 Pick-Up BOWDITCH 4:13 Lafayette St @ Laurel St 4:05 Columbus Ave @ Bay view SCHOOL 4:15 Lafayette St @ Ocean Ave 4:08 Webb St @ East Collins St 2:27 Wilson St @ Champlain 4:17 Loring Ave @ Rainbow Ter 4:10 Bridge St @ Pearl St 2:29 Jefferson Ave @ Read St 4:20 Loring Ave @ Moffatt Rd 4:13 North St @ Mason 2:30 Jefferson Ave @ Preston Rd 4:22 Loring Ave @ Cedarcrest 4:16 Dearborn St @ Larchmont Rd 2:32 Loring Ave @ Moffatt Rd 4:24 Loring Ave @ Loring Hills 4:19 North St @ Liberty Hill Ave 2:33 Loring Ave @ Harrison Rd 4:25 Loring Towers 4:22 Balcomb St @ Oakland St 2:35 Loring Ave @ Cedarcrest 4:30 Traders way @ First Street 4:24 Balcomb St @ School St 2:37 Loring Ave @ Carol Way 4:33 Pequot Highlands 4:26 Tremont St @ Grove St 2:40 Loring Towers 4:35 Clarke St @ Clark Ave 4:28 Mason St @ Oak St 2:45 Pequot Highlands 4:40 Marlboro Rd @ Home St 4:30 Federal St @ Flint St 4:43 Gallows Hill Rd @ Circle Hill 4:31 Federal St @ Boston St 4:45 Belleview Ave @ Brentwood 4:33 Ord @ Butler St 4:47 Puritan Rd @ Pioneer Circle 4:35 Proctor @ Pope St 4:48 Ord @ Bedford St 4:37 Proctor St @ Highland Ave 4:50 Ord St @ Shilaber 4:39 Jefferson Ave @ Wilson St 4:40 Jefferson Ave @ Ocean Ave *Note: This bus will have to West accommodate late bus students from Saltonstall. *Note: This bus will have to Stops may change on day-to- accommodate late bus student day basis. from Saltonstall. Stops may change on day-to- day basis. Salem School Department - 9 - 8/27110 Chelsea Police Department Page: 1 /'Sele!_tivdl Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 For Date: 09/17/2007 - Monday Call Number Time Call Reason Action 07-35527 1137 Medical Aid NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4D Abboud, Michael Post: Dl Dunn, Brian For Date: 09/28/2007 - Friday 07-37062 1146 Disturbance - General BROUGHT TO STATION 'Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Noftle, Edward For Date: 10/28/2007 - Sunday 07-41032 0929 Alarm Burglar ALARM ACCIDENTAL/DEFECTI (Location/Address: DEP. YOUTH SRRV/SPECTRUM/ENTRY - 175 CRESCENT AVE Apt. #1ST Post: D4B O'Brien, Joanne Post: D4B O'Brien, Joanne Post: D4 Noftle, Edward Post: D4B O'Brien, Joanne For Date: 11/03/2007 - Saturday 07-41832 0842 Alarm Burglar ALARM ACCIDENTAL/DEFECTI Location/Address: [CH 3551 DSS - 175 CRESCENT AVE Post: D4A Krasco, William Post: D3 Sanchez, Miguel For Date: 11/05/2007 - Monday 07-42092 1132 Medical Aid REMOVED TO HOSPITAL Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Rijos, Rafael For Date: 11/06/2007 - Tuesday 07-42205 0708 Disorderly Conduct PEACE RESTORED Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: L1 Bonita, Eugene Post: L2 Rijos, Rafael For Date: 11/12/2007 - Monday 07-42986 1112 Alarm Burglar ALARM ACCIDENTAL/DEFECTI Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 O'Brien, Joanne Post: D4D Gonzalez, Efrain For Date: 11/30/2007 - Friday 07-45355 0811 Trespass / Unwanted Person PERPETRATOR(S) GONE Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D3 Mojica, Sammy Post: D1 Rossetti, Richard For Date: 12/04/2007 - Tuesday 07-45954 1713 Alarm Burglar ALARM ACCIDENTAL/DEFECTI Chelsea Police Department Page: 2 Selective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 Location/Address: (CH 355) COMMUNITY SUBSTANCE ABUSE CENTERS 175 CRESCENT.AVE Post: F3 Capistran, Joseph Post: F12 Rivera, Felix Post: FL7 Betz, David For Date: 02/10/2008 - Sunday 08-5518 1050 Alarm Burglar NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Belanger, Robert Post: Dl Bunk, John Post: D4 Noftle, Edward For Date: 02/18/2008 �- Monday 08-656_0 1041 Alarm Burglar _ _ ALARM SYSTEM RESET _ _ o..._.__...._._.__r.____.._s.._..�.._...._. ._ . ...._ _. _..__.._._,._�. Location/Address: [CH 3551 COMMUNITY 9UBSTANCEABUSE�CENTERS� 175�CRESCENT AVEV Post: D4E Marcus, Jason . Post: D4D Mojica, Sammy For Date: 03/15/2008 - Saturday 08-10423 1950 House / Business Check NO POLICE SERVICE NECESS Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: F4B Ortiz, Anthony McCarthy, Paul For Date: 03/24/2008 - Monday 08-11637 0700 Informational MESSAGE/ ORDER DELIVERED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: L3A Moschella, Robert For Date: '43/25/2008 - Tuesday 08-11835 0841 Harassment BACK IN SERVICE ,Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4D Mojica, Sammy Post: DL8 Noftle, John Post: D1 Morabito, Michael Location Change: [CH L00000151 CHELSEA POLICE HEADQUARTERS - 19 PARK ST [Modified: 03/25/200809501 Refer To Arrest: 08-457-AR Arrest: BOSSI, JOSEPH A JR Address: 4 SQUIRE RD Apt. #128 REVERE, MA DOB: Charges: ASSAULT W/DANGEROUS WEAPON For Date: 03/28/2008 - Friday 08-12378 1537 Investigation Detective ONLY BACK IN SERVICE Location/Address: 175 CRESCENT AVE Post: FDEL3 Delaney, Daniel For Date: 03/29/2008 - .Saturday 08-12470 0716 Suspicious Person NO SUCH PERSON CAN BE FO Location/Address: I[CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: L4F Riley, Jr, Thomas Post: L4E Abboud, Michael Post: L4D Grayson, Bernard Post: L3A O'Brien, Joanne Post: L1 Bonita, Eugene Chelsea Police Department Page: 3 Selective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 For Date: 03/31/2008 - Monday - 08-12772 1007 Arrest Warrant Service AREA SEARCH NEGATIVE Location/Address: ' [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4A Vega, Carlos - Post: D4D Mojica, Sammy Post: DL8 Noftle, John For Date: 04/02/2008 - Wednesday 08-13069 0930 Weapons / Firearms Violations REPORT TO BE FILED Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Krasco, William Post: D4 Noftle, Edward Post: L4J Torres, Jose Post: DL3 Butler, John Refer To Incident: 08-1521-OF For Date: 04/09/2008 - Wednesday 08-14085 0855 Motor Vehicle Stop ARREST Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: DS2 Tyre, Jr. , Golden Post: D2 Belanger, Robert McLain, Thomas Refer To Arrest: 08-549-AR Arrest: SPERA, LUCIANO Address: 3A LISBON ST MALDEN, MA DOB: Charges: WARRANT MISDEMEANOR DEFAULT - Docket & Chg in Narr UNLICENSED OPERATION OF MV For Date: 04/18/2008 - Friday 06-15484 1057 FIRE- MUTUAL AID BACK IN SERVICE Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Apt. #1 For Date: 04/29/2008 - Tuesday 08-17150 0904 Emotionally Disturbed Persons REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Krasco, William Post: Dl Morabito, Michael Post: DL8 Noftle, John Refer To Incident: 08-1948-OF For Date: 05/21/2008 - Wednesday 08-20507 1342 Medical Aid REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4E O'Connor, Mark Post: D2 Bunk, John Post: .DL8 Noftle, John Post: DS14 Mojica, Sammy . Refer To Incident: 08-2312-OF For Date: 05/23/2008 - Friday 08-20778 0710 Disorderly Conduct/PAST NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D1 Morabito, Michael Chelsea Police Department Page: 4 ,Selective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 For Date: 08/11/2008 - Monday 08-33649 1119 Trespass / Unwanted Person NO POLICE SERVICE NECESS Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Marcus, Jason Post: D2 Krasco, William For Date: 08/15/2008 - Friday 08-34238 0901 Trespass / Unwanted Person NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Farden, Jason Post: D2 Krasco, William Post: DL8 Noftle, John For Date: 09/01/2008 - Monday 08-36852 0742 Suspicious Person REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D1 Morabito, Michael Refer To Incident: 08-3896-OF For Date: 09/12/2008 - Friday 08-38689 0930 Weapons / Firearms Violations REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Refer To Incident: 08-4118-OF 08-38662 1234 Assist Other Agency BACK IN SERVICE Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D1 Morabito, Michael For Date: 10/12/2008 - Sunday 08-43165 1034 Trespass / Unwanted Person ARREST Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4B McLain, Thomas Post: D4 Noftle, Edward Refer To Arrest: 08-1868-AR Arrest: AGUILAR, JOSE ISAIAS Address: 379 CRESCENT AVE Apt. #1 CHELSEA, MA DOB: Charges: TRESPASS - DISORDERLY CONDUCT For Date: 12/10/2008 - Wednesday 08-51223 2206 Alarm Burglar ALARM ACCIDENTAL/DEFECTI Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: F4B Farden, James Ortiz, Anthony Post: F3 Krasco, William Sanchez, Juan For Date: 12/19/2008 - Friday 08-52313 1102 Medical Aid NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4E Laft, Richard For Date: 12/24/2008 - Wednesday Chelsea Police Department Page: 5 . Selective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 08-52946 0900 Assist Other Police Department NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4D Bunk, John Farden, James Post: DL2 Ostler, Daniel For Date: 01/30/2009 - Friday 09-3973 0849 Suspicious Person NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: DL8 Noftle, John Post: D2 Moschella, Robert Post: Dl Morabito, Michael Post: DS14 Mojica, Sammy For Date: 02/04/2009 - Wednesday 09-4665 0936 Medical Aid REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D1 Morabito, Michael Post: DL7 Noftle, John Refer To Incident: 09-475-OF 09-4676 1037 Assault (Past) REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Refer To Incident: 09-477-OF For Date: 02/09/2009 - Monday 09-5409 1047 Collision with Motor Vehicle NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: Dl Morabito, Michael For Date: 04/29/2009 - Wednesday 09-17253 1339 Emotionally Disturbed Persons NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D1 Morabito, Michael Post: D4 Sanchez, Juan Post: DS14 Mojica, Sammy For Date: 05/29/2009 - Friday 09-21773 1006 Assist Other Agency REPORT TO BE FILED Location/Address: [CH 3871 METHADONE CLINIC - 175 CRESCENT AVE Post: D4E Arsenault, Tracy Post: D2 Belanger, Robert Refer To Incident: 09-2185-OF For Date: 07/15/2009 - Wednesday 09-29434 1012 Alarm Holdup Panic Duress NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4H Rossetti, Richard Post: D4E Sanchez, Juan Post: D4B Dunn, Brian Post: DL7 Noftle, John For Date: 07/21/2009 - Tuesday 09-30495 1412 Alarm Burglar NO REPORT NECESSARY Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4E Sanchez, Juan Chelsea Police Department Page: 6 ,Selective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 Post: D4 Arsenault, Tracy For Date: 07/23/2009 - Thursday 09-30781 1109 Threats BACK IN SERVICE Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE For Date: 08/07/2009 - Friday 09-33328 1339 Disturbance - General REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D3 Arsenault, Tracy Refer To Incident: 09-3283-OF For Date: 08/21/2009 - Friday 09-35548 1334 Medical Aid REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Casucci, Augustus Post: DL7 Noftle, John Refer To Incident: 09-3485-OF For Date: 20/23/2009 - Friday - 09-45484 0833 Disturbance - General NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4B Arsenault, Tracy Post: D4 Marcus, Jason Post: D1 Morabito, Michael For Date: 11/03/2009 - Tuesday 09-47259 1000 FIRE- Master Box Plug Out FIRE - Inspection Comple Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE For Date: 11/21/2009 - Saturday 09-49819 0847 House / Business Check NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4B Guido, James For Date: 11/28/2009 - Saturday 09-50759 0658 Disturbance - General NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: L2 Rijos, Rafael Post: L4 Ramirez, Emilio For Date: 12/25/2009 - Friday 09-54535 0625 Trespass / Unwanted Person NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: L4A Casucci, Augustus Post: L2 Rijos, Rafael For Date: 12/29/2009 - Tuesday 09-55037 1258 Assist Motorist ADVISED CIVIL ACTION Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4E Marcus, Jason Chelsea Police Department Page: 7 Se Nective Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 Post: D2 Addonizio, Michael For Date: 01/17/2010 - Sunday 10-2426 0938 Check Person's Well Being PERPETRATOR(S) GONE Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4 Bunk, John Sweeney, Keith Post: D3 Arsenault, Tracy For Date: 01/24/2010 - Sunday 10-3397 1043 Check Person's Well Being UNFOUNDED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Belanger, Robert For Date: 03/03/2010 - Wednesday 10-8637 1347 Threats REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Addonizio, Michael Gonzalez, Hector Refer To Incident: 10-884-OF For Date: 03/15/2010 - Monday 10-10471 1753 Alarm Burglar ALARM ACCIDENTAL/DEFECTS Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: F4D DiGaetano, Roger Post: F3B Camacho, Fernando Post: FK9A Capistran, Joseph For Date: 03/25/2010 - Thursday 10-12073 0909 Restraining Order - Service NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D2 Sweeney, Keith Post: D2 Sweeney, Keith Post: D4B Arsenault, Tracy 10-12157 1821 Alarm Burglar ALARM ACCIDENTAL/DEFECTI Location/Address: [CH 355] COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: FK9A Noftle, Edward Post: F4G Vega, Carlos For Date: 04/15/2010 - Thursday 10-15504 1118 Check Person's Well Being NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: DK9C McLain, Thomas Post: D4B Dunn, Brian Post: DL3 Butler, John 10-15505 1122 FIRE- MEDICAL PATIENT TRANSPORTED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Fire Unit: ENG3-Pumper-CHELSEA ENGINE 3 Manned By ID's: 290 295 309 Fire Unit: LAD2-Aerial-CHELSEA LADDER 2 Manned By ID's: 255 315 Post: DL3 Butler, John For Date.: 07/15/2010 - Thursday Chelsea Police Department Page: 8 Seleeb_we Search From: 09/14/2007 Thru: 09/14/2010 0000 - 2359 Printed: 09/14/2010 10-30325 1018 Disturbance - General NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4B Bevere, Joseph Post: D3 Gonzalez, Hector For Date: 07/25/2010 - Sunday 10-32005 1012 Assault (Past) REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4E Marcus, Jason Post: D3 Gonzalez, Hector Refer To Incident: 10-3220-OF For Date: 06/06/2010 - Friday 10-33891 1110 Parking Violation NO REPORT NECESSARY Location/Address: �[CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE For Date: 08/20/2010 - Friday 10-36081 0936 Animal Complaint NO POLICE SERVICE NECESS Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE For Date: 08/25/2010 - Wednesday 10-36837 1252 Disturbance - General BACK IN SERVICE Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D3 Gonzalez, Hector For Date: 08/27/2010 - Friday 10-37163 0932 Disturbance - General NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4A Bunk, John Post: D4 Stutto, Joseph For Date: 08/31/2010 - Tuesday 10-37697 0718 Malicious/ Wanton Destruction NO REPORT NECESSARY Location/Address: SUBSTANCE ABUSE CENTER - 175 CRESCENT AVE Post: L4B Laft, Richard Post: L4C Ramirez, Emilio For Date: 09/02/2010 - Thursday 10-38110 1127 Larceny REPORT TO BE FILED Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Refer To Incident: 10-3824-OF For Date: 09/03/2010 - Friday 10-38272 1022 Assist Other Police Department NO REPORT NECESSARY Location/Address: [CH 3551 COMMUNITY SUBSTANCE ABUSE CENTERS - 175 CRESCENT AVE Post: D4B Arsenault, Tracy CAD Incident Search Results Page 1 of 3 r CA® Incident Search Results v601.0,002 Search Again Go To Sql Statement CAI) Search Results Incident# Date/Time Location Incident Type 10052194 09/13/2010 07:12:55 43 CAROLYN RD MEDICAL 10048714 08/27/2010 17:34:44 33 CAROLYN RD ALARM 10045660 08/14/2010 01:22:58 21 CAROLYN RD NOISE 10039107 07/15/2010 07:10:33 43 CAROLYN RD MEDICAL 100361.12 07/02/2010 06:45:51 43 CAROLYN RD MEDICAL 10035276 06/28/2010 09:27:54 41 CAROLYN RD MVA ACC 10029955 06/04/2010 12:06:11 CAROLYN RD MEDICAL 10024973 05/13/2010 09:20:45 43 CAROLYN RD MEDICAL 10019886 04/17/2010 08:42:48 43 CAROLYN RD MEDICAL 10018200 04/09/2010 08:20:30 43 CAROLYN RD MEDICAL 10017013 04/03/2010 10:32:35 CAROLYN RD MV STOP 10015498 03/26/2010 08:55:37 43 CAROLYN RD 911 HANG 10012845 03/12/2010 11:14:50 43 CAROLYN RD UN GUEST 10007569 02/12/2010 08:44:30 CAROLYN RD INVEST 10007216 02/10/2010 06:13:50 CAROLYN RD SERVE PA 10006717 02/07/2010 13:26:12 43 CAROLYN RD' ALARM 10002977 01/17/2010 04:13:09 43 CAROLYN RD ALARM 10002794 01/16/2010 12:00:27 43 CAROLYN RD ALARM 9075072 12/26/2009 10:00:15 CAROLYN RD MV STOP 9074974 12/25/2009 15:19:31 43 CAROLYN.RD ALARM 9072928 12/14/2009 09:04:45 CAROLYN RD DISTURB 9070650 12/01/2009 21:19:50 33 CAROLYN RD ALARM 9069389 11/25/2009 07:16:34 43 CAROLYN RD MEDICAL 9068435 11/20/2009 08:45:41 43 CAROLYN RD MEDICAL 9068212 11/19/2009 05:13:24 43 CAROLYN RD ALARM 90_62268. 10/20/2009 09:37:52 CAROLYN RD SERVE PA 9059089 10/04/2009 07:53:37 43 CAROLYN RD FIGHT 9051045 08/27/2009 16:44:48 43 CAROLYN RD ALARM 9050735 08/26/2009 06:53:22 45 CAROLYN RD MVA ACC 9043169 07/24/2009 04:26:11 33 CAROLYN RD ALARM 9039359 07/07/2009 00:07:54 33 CAROLYN RD ALARM 9037563 06/29/2009 09:11:35 43 CAROLYN RD 911 HANG 9028983 05/23/2009 18:57:33 43 CAROLYN RD ALARM http://gedlyn/QED//cadpartner/cad97/search/srehresults.jsp 9/15/2010 CAD Incident Search Results Page 2 of 3 9024770 05/05/2009 10:04:44 43 CAROLYN RD 911 HANG 9017924 04/03/2009 08:16:46 43 CAROLYN RD MEDICAL 9016392 03/26/2009 13:30:08 41 CAROLYN RD VANDALS 90102_1_6 02/23/2009 17:20:18 43 CAROLYN RD ALARM 9009848 02/21/2009 16:41:34 43 CAROLYN RD ALARM 9009627 02/20/2009 13:38:21 43 CAROLYN RD MEDICAL 9008777 02/16/2009 06:35:22 43 CAROLYN RD UN GUEST 9005589 . 01/31/2009 16:50:33 43 CAROLYN RD ALARM 9001862 01/11/200907:15:27 43CAROLYN RD MEDICAL 9000511 01/03/2009 21:25:35 CAROLYN RD MV STOP 8078516 12/28/2008 08:40:36 43 CAROLYN RD THREATS 8078393 12/27/2008 17:05:42 43 CAROLYN RD ALARM 8078014 12/25/2008 11:15:07 CAROLYN RD OTHER SV 8076484 12/17/2008 08:22:48 43 CAROLYN RD MEDICAL 8073665 12/02/2008 10:21:24 43 CAROLYN RD MEDICAL 8072816 11/27/2008 15:42:37 43 CAROLYN RD ALARM 807281.2 11/27/2008 15:13:32 43 CAROLYN RD ALARM 8072756 11/27/2008 05:32:10 43 CAROLYN RD ALARM 80.69719 11/12/2008 07:21:23 43 CAROLYN RD MEDICAL 8067577 11/01/2008 15:11:52 CAROLYN RD OTHER SV 8057957 09/19/2008 07:08:24 33 CAROLYN RD ALARM 8057434 09/16/2008 21:03:37 43 CAROLYN RD ALARM 8055865 09/10/2008 06:06:46 43 CAROLYN RD ALARM 8044849 07/25/2008 17:10:17 CAROLYN RD CK AREA 8043088 07/18/2008 02:29:45 43 CAROLYN RD ALARM 8035758 06/18/2008 10:30:16 43 CAROLYN RD 911 HANG 8035757 06/18/2008 10:29:17 43 CAROLYN RD 911 HANG 8035147 06/15/2008 22:36:36 43 CAROLYN RD ALARM 8032410 06/05/2008 08:06:02 43 CAROLYN RD FIGHT 8025246 05/05/2008 10:36:18 CAROLYN RD MV STOP 8025236 05/05/2008 10:04:41 CAROLYN RD MV STOP 8023861 04/28/2008 22:40:17 43 CAROLYN RD ALARM 8023233 04/25/2008 21:51:02 43 CAROLYN RD ALARM 8019038 04/07/2008 05:45:45 42 CAROLYN RD REC PROP 8011449 02/29/2008 10:53:05 CAROLYN RD MV STOP 7066071 10/23/2007 09:50:19 33 CAROLYN-RD VANDALS 7065859 10/22/2007 08:58:05 43 CAROLYN RD ESCORT 706481.9 10/17/2007 11:27:54 CAROLYN RD CK PER 7058629 09/19/2007 08:26:37 CAROLYN RD CK AREA 7058441 09/18/2007 07:40:12 43 CAROLYN RD FIGHT SQL Statment Used in Search select distinct cadinclog.incnum, cadinclog.dtreceived, cadinclog.stnum, cadinclog.stnamel, http://gedlyn/QED//cadpartner/cad97/search/srchresults.jsp 9/15/2010 CAD Incident Search Results Page 3 of 3 cadinclog.inctype, nbrincidents.inenum pincnum, nf5incidents.incnum finenum from cadinclog, outer nbrincidents, outer nf5incidents where ((cadinclog.dtreceived between "2007-09-01 00:00:00" and "2010-09-15 23:59:59")) and (cadinclog.stnamel like "CAROLYN RDW) and nbrincidents.cadinenum = eadinclog.inenum and nf5incidents.cadinenum= cadinclog.inenum order by eadinclog.incnum desc; Search Again Number of Incidents Listed 73 http://gedlyn/QED//cadpartner/cad97/search/srehresults.jsp 9/15/2010 rye, CAD Incident Search Results Page 1 of 4 i CAD Incident Search Results 6.01.0002 Search � ain ___.__ _ _: ' g Go To Sql Statement _ CAD Search Results Incident# Date/Time Location Incident Type 10052)18 09/13/2010 19:06:11 11 CIRCLE AVE LARCENY 10049464 08/31/2010 06:32:26 11 CIRCLE AVE DISTURB 10046372 08/17/2010 11:29:41 CIRCLE AVE DISTURB 10043383 08/04/2010 00:33:01 CIRCLE AVE UNK PROB 10043010 08/02/2010 06:47:45 11 CIRCLE AVE MVA W/PI 10042836 08/01/2010 10:11:50 11 CIRCLE AVE DOMES*2* 10039371 07/16/2010 11:34:22 11 CIRCLE AVE MEDICAL 10038939 07/14/2010 13:42:34 CIRCLE AVE MV STOP 10038899 07/14/2010 10:15:38 11 CIRCLE AVE MEDICAL 10030889 06/08/2010 10:18:49 11 CIRCLE AVE MEDICAL 10027700 05/26/2010 07:23:41 11 CIRCLE AVE MVA H&R 10027268 05/24/2010 10:09:18 CIRCLE AVE MEDICAL 10020226 04/19/2010 05:51:13 11 CIRCLE AVE ALARM 10018896 04/12/2010 10:44:47 11 CIRCLE AVE FIGHT 10018481 04/10/2010 10:46:26 11 CIRCLE AVE THREATS 10015497 03/26/2010 08:52:30 11 CIRCLE AVE DISTURB 10013148 03/14/2010 08:46:07 11 CIRCLE AVE MEDICAL 10009703 02/24/2010 08:00:04 11 CIRCLE AVE A&B 10007315 02/10/2010 19:37:34 CIRCLE AVE INVEST 10006397 02/05/2010 13:56:56 11 CIRCLE AVE LARCENY 10003156 01/18/2010 10:50:18 11 CIRCLE AVE FIGHT 10000900 01/06/2010 10:06:00 CIRCLE AVE SERVE PA 10000572 01/04/2010 08:00:29 11 CIRCLE AVE MEDICAL 9074759 12/24/2009 11:52:13 11 CIRCLE AVE MEDICAL 9071680 12/07/2009 10:15:13 CIRCLE AVE MV PROB 9069066 11/23/2009 10:49:51 CIRCLE AVE MV STOP 9066574 11/10/2009 12:34:49 2 CIRCLE AVE CON/SCAM 9063132 10/24/2009 10:39:56 11 CIRCLE AVE FIGHT 9061537 10/16/2009 10:51:36 CIRCLE AVE CK AREA 9061535 10/16/2009 10:48:48 CIRCLE AVE MV STOP 9061534 10/16/2009 10:48:22 CIRCLE AVE CK AREA 9061524 10/16/2009 09:23:34 11 CIRCLE AVE MEDICAL 9051429 08/29/2009 10:54:01 11 CIRCLE AVE FIGHT http://gedlyn/QED//cadpartner/cad97/search/srehresults.jsp 9/15/2010 it CAD Incident Search Results Page 2 of 9048790 08/17/2009 18:34:17 CIRCLE AVE ORD VIOL 9048259 08/15/2009 09:51:57 . CIRCLE AVE MV STOP 9047540 08/12/2009 11:00:39 11 CIRCLE AVE B&E PAST 9043927 07/27/2009 10:35:36 CIRCLE AVE LOCKOUT 9043924 07/27/2009 10:35:08 CIRCLE AVE OTHER SV 9038967 07/05/2009 09:37:34 CIRCLE AVE LOCKOUT 9034874 06/18/2009 09:58:49 11 CIRCLE AVE ASS AGEN 9034053 06/14/2009 09:49:38 11 CIRCLE AVE A&B 9031732 06/04/2009 10:36:15 CIRCLE AVE MV STOP 9029916 05/27/2009 14:58:25 CIRCLE AVE MV STOP 9028630 05/22/2009 11:15:40 11 CIRCLE AVE FIGHT 9027679 05/18/2009 11:10:27 11 CIRCLE AVE MEDICAL 9024371 05/03/2009 09:26:32 11 CIRCLE AVE MEDICAL 9018921 04/08/2009 07:47:34 11 CIRCLE AVE MVA ACC 9018840 04/07/2009 19:10:26 11 CIRCLE AVE ALARM 9018749 04/07/2009 11:12:44 11 CIRCLE AVE OTHER SV 9017948 04/03/2009 10:41:24 11 CIRCLE AVE MEDICAL 9017930 04/03/2009 08:43:23 11 CIRCLE AVE SUSPICIS 9016179 03/25/2009 09:36:41 11 CIRCLE AVE LARCENY 9006461 02/05/2009 06:23:24 11 CIRCLE AVE UN GUEST 9004738 01/27/2009 10:38:49 11 CIRCLE AVE 911 HANG 9002354 01/14/2009 07:30:56 11 CIRCLE AVE 911 HANG 8078848 12/30/2008 08:37:10 CIRCLE AVE CK AREA 8078692 12/29/2008 10:50:15 CIRCLE AVE MV STOP 8078671 12/29/2008 08:23:37 11 CIRCLE AVE CK AREA 8078336 12/27/2008 10:56:57 11 CIRCLE AVE THREATS 8070358 11/15/2008 07:23:23 11 CIRCLE AVE MEDICAL 8060987 10/02/2008 09:02:49 13 CIRCLE AVE DISTURB 8059009 09/23/2008 20:20:52 22 CIRCLE AVE JUV PROB 8057987 09/19/2008 11:03:08 11 CIRCLE AVE MEDICAL 8057749 09/18/2008 10:45:58 CIRCLE AVE MV STOP 8057582 09/17/2008 14:16:32 CIRCLE AVE MVA ACC 8057290 09/16/2008 08:06:17 11 CIRCLE AVE DISTURB 8056331 09/12/2008 06:59:21 11 CIRCLE AVE MEDICAL 8054456 09/04/2008 08:3.5:19 CIRCLE AVE OTHER SV 8050787 08/20/2008 08:35:13 11 CIRCLE AVE MEDICAL 8046444 08/01/2008 08:41:10 11 CIRCLE AVE 911 HANG 8046019 07/30/2008 13:00:00 11 CIRCLE AVE LARCENY 8042484 07/15/2008 16:10:18 CIRCLE AVE MV STOP 8035976 06/19/2008 10:06:13 11 CIRCLE AVE MEDICAL 8034734 06/14/2008 15:52:48 CIRCLE AVE MV STOP 8032411 06/05/2008 08:06:23 CIRCLE AVE FIGHT 8030443 05/28/2008 10:11:21 CIRCLE AVE MV STOP http://gedlyn/QED//cadpartner/cad97/search/srchresults.jsp 9/15/2010 CAD Incident Search Results Page 3 of 8030413 05/28/2008 07:40:24 11 CIRCLE AVE MEDICAL 8029229. . 05/23/2008 11:11:07 11 CIRCLE AVE MEDICAL 8028773 05/21/2008 10:50:04 11 CIRCLE AVE FIGHT 8028538 05/20/2008 10:03:05 11 CIRCLE AVE MV STOP 8028529 05/20/2008 09:03:10 11 CIRCLE AVE MEDICAL 8027602 05/16/2008 09:33:20 CIRCLE AVE OTHER CR 802691.1 05/13/2008 11:03:29 CIRCLE AVE MV STOP 8023514 04/27/2008 00:53:11 11 CIRCLE AVE ALARM 8023011 04/24/2008 21:55:38 11 CIRCLE AVE/OR 43 CAROLYN RD ALARM 8022849 04/24/2008 07:06:45 11 CIRCLE AVE VANDALS . 8022460 04/22/2008 16:08:36 CIRCLE AVE OTHER CR 8022203 04/21/2008 10:11:07 11 CIRCLE AVE MEDICAL 8021247 04/17/2008 09:31:33 11 CIRCLE AVE MEDICAL 8020483 04/13/2008 11:43:24 CIRCLE AVE MV STOP 8018425 04/04/2008 08:47:47 7 CIRCLE AVE THREATS 8016994 03/28/2008 11:10:41 11 CIRCLE AVE CK PER 8016555 03/26/2008 10:15:20 11 CIRCLE AVE MV STOP 8015115 03/19/2008 10:59:42 11 CIRCLE AVE MVA H&R 8012948 03/08/2008 08:33:41 11 CIRCLE AVE MV FOUND 8011476 02/29/2008 13:22:25 11 CIRCLE AVE ALARM 8011040 02/27/2008 10:48:33 1 CIRCLE AVE MV STOP 8009834 02/21/2008 09:58:28 CIRCLE AVE MV STOP 8008867 02/16/200811:56:45 CIRCLE AVE MV STOP 8008219 02/12/2008 16:17:50 11 CIRCLE AVE LARCENY 8007341 02/08/2008 07:04:38 CIRCLE AVE MVA ACC 8006258 02/02/2008 10:06:37 11 CIRCLE AVE MVA ACC 8004779 01/25/2008 11:38:06 11 CIRCLE AVE MEDICAL 8004770 01/25/2008 10:42:05 11 CIRCLE AVE DISTURB 8004551 01/24/2008 09:53:11 11 CIRCLE AVE CK PER 8001518 01/08/2008 15:40:17 2 CIRCLE AVE 911 HANG 7078266 12/22/2007 09:52:06 CIRCLE AVE CK AREA 7068645 11/04/2007 08:21:00 CIRCLE AVE SERVE PA 7064400 10/15/2007 10:36:53 CIRCLE AVE MV FOUND 7064379 10/15/2007 08:48:18 CIRCLE AVE OTHER SV 7062264 10/05/2007 11:24:28 CIRCLE AVE CK AREA 7061611 10/02/2007 08:46:57 CIRCLE AVE MVA ACC 7060269 09/26/2007 14:54:38 CIRCLE AVE MV PARK 7059790 09/24/2007 10:16:48 2 CIRCLE AVE MEDICAL 7057117 09/12/2007 07:57:42 1 CIRCLE AVE CK PER 7056741 09/10/2007 11:29:26 CIRCLE AVE P&W SQL Statment Used in Search select distinct cadinclog.inenum, cadinclog.dtreceived, cadinclog.stnum, cadinclog.stnamel, I http://gedlyn/QED//cadpartner/cad97/search/srchresults.jsp 9/15/2010 CHAD Incident Search Results Page 4 of 4 cadinclog.inctype, nbrincidents.incnum pincnum, nf5incidents.incnum fincnum from cadinclog, outer nbrincidents, outer nf5incidents where((cadinclog.dtreceived between "2007-09-01 00:00:00" and "2010-09-15 23:59:59")) and (cadinclog.stnainel like "CIRCLE%") and nbrincidents.cadincnum= cadinclog.incnum and nf5incidents.cadincnum = cadinclog.incnum order by cadinclog.incnum desc; Search Again Number of Incidents Listed 116 I http://gedlyn/QED//cadpartner/cad97/search/srchresults.jsp 9/15/2010 Page 1 of 4 Danielle McKnight From: Natalie Femino Icarmen01 @verizon.net] Sent: Saturday, March 19, 2011 7:52 AM To: Danielle McKnight Subject: Letter to Zoning Board of Appeals Dear M.s. M.cKnight, C am not sure i f I will be able to attend the next meeting, so 1 wanted to pass along m~,- thoughts via this letter. I do not know whether or not it is procedure for the letter -to be read at the meeting, but that would be my request if that is the case. Also, again, ip.it is usual procedure, can the letter. 'be noted in the comment section in the minutes that are posted on the website? (,am assuming you will pass the letter along to the board but if there is a different procedure to follow in order for erre to get it to thern by the meeting, Could you please let me know what that is? Also could you confirm receipl of this email? (1 am never 1.00% certain that an email reaches its destination_... :-) } Thank you, Natalie Femino 2 Linden. St. Salem, MA 0970 Dear Nlen3bers of the Zoning Board: I work in the mental health field. 1 have been observing the ""battle" between Sale residents and proponents of the Methadone I linic. Several weeks ago, 1 was driving past the proposed location on Highland Avenue, thinking about the issue and decided to finally write and express my thoughts on the matter. Coincidentally, 1 sent a Letter to the Editor a few days before the news was published that the clinic was filing an appeal of the Zoning Board's rejection of the permit. z 3/21/2011 Page 2 of 4 I would like to encourage people to think about this issue from a perspective of logic rather than fear and ignorance and stereotypes. Methadone treatment is for people who have become addicted to opiates which includes prescription pain medication. The stereotype of the 'junkie'" may still apply in a few instances but the majority o people now dealing with this type of addiction is you and me........ friends, family members, co- workers, neighbors....people of all ages, colors and occupations, from students to doctors to CEO's to elderly people. There is much Shame associated with addiction., therefore it is still. shrouded in secrecy, so I guarantee that you know and care about someone right now who is, has been or will be addicted to opiates. There are many residents who support andf"or are neutral about the clinic being location in Salem, but typically people who are positive and educated about a subject are much less vocal than people who are negative and Fearful....we hear all the reasons people give who oppose the clinic but most of those reasons are based on fear and ignorance - not on facts. Because of the judgment, negativity, anger and vehemence of the people who abject to the clinic, there are many who are afraid to speak out in support of the clinic....people who are friends or family members and. people who are clients of the clinic and ashamed., fearful or embarrassed to come forward and speak because of the tone and nature of the objections and fear of how they will be 3/21/2011 Page 3 of 4 treated.....The reaction of the people who oppose the clinic only perpetuates the shame and embarrassment of people who are getting help with addiction or people who want to get help but are fearful of' the stigma and judgment that is being demonstrated by the opposition to the clinic. One of the common objections to the clinic is that it is a Tor profit' agency and their motives are only money driven.....For profit does not automatically mean that they are not working 1.n the best interest of the clients or that they are not helping hundreds of people get clean and sober. That objection is again based on assumptions and stereotypes of Tor profit' organizations. There are many for profit companies or organizations that provide help or services for all kinds '0 f people. .1 would encourage city officials and the zoning board to take an anonymous survey of ALL residents of Salem. to get a more realistic idea of how Salem really feels about the clinic...then you will truly know if you are representing the majority of Salem residents. For people who are opposed already or people who are unsure, Do not let your fear and ignorance rule your decision making...approach the subject as if you have no preconceived ideas, feelings or 1,,nowtedge....do some research, look at the C) facts and figures, research on the web and look at how this is organization manages its clinic take in ALL of the information and. in this instance do not let your emotions and fears rule your intelligence. There are many facts offered by the clinic that specifically refute concerns but those facts are ignored in favor of feelings based on fear and steroetypes. If another location is proposed in Salem or if this appeal is won....I encourage people to approach the subject from a whole new 3/21/2011 Page 4 of 4 perspective without preconceived notions...think about the number of people that are being helped who are clean and sober and productive members of society because of their treatment, d see it every day with clients. One day it could be your son or daughter, husband or wife...perhaps it already is and you just dont know ' - Thank you for your time and consideration of nay thoughts, Natalie F cmt'no 3/21/2011 >tl n3¢IDial Npm(61 P 1 Bo,<&A ss p �' (6l7)1168549 A�' - Cos no D �epplvancp. "(617)623-8883 INC J.H.R.o r aVo. (61 7)623-6204 s N. �E N44flQ 4MENTAL CONSULTANTS A.Eclaon. (61])]741950 Df�RUST..SOMERVILLE,MA 02143 Gerard R.Gcgp : (61])'62}5169 39990.FAX Dime)C.Jaffe. (63]7776-2715(611162 Amy A-Keogh. (617)7]6-05%8 r pity ;' Man).Miner. (61])776-0939 Rt March 3, 1996 Mr. Olivier Humbert Hillcrest Chevrolet 207 Highland Avenue Salem,MA 01970 Re: Soil and Groundwater Testing RTN 3-12517 IES Project 9497-124 207 Highland Avenue, Salem i Dear Mr. Humbert: i This letter is a summary of the additional soil and groundwater analysis completed on the above referenced property. The additional soil and groundwater analysis was completed in order to establish additional background levels for the bioremediation project being planned for the subject property. I 'I'he soil sampling was completed on Friday, February 21, 1997 in the interior of the building on the site,in the vicinity of IES monitoring well IES-5, where the largest quantity of contamination was encountered. The sampling was performed by Technical Drilling Services (TDS), of Leominster, MA using a tractor mounted geo-probe unit. Soil sampling was attempted in eleven locations (IES-6 through IES-16) in the vicinity of monitoring well IES-5 (See Figure 2). The sampling was conducted in locations where the greatest amount of contamination would likely be present. The borings were advanced one to eight feet in each of the locations. Refusal was encountered at various depths in seven of the borings advanced on the site. The soil samples were screened for Volatile Organic Compounds (VOC's) using a Thermo Environmental Organic Vapor Meter (OVM) Model 580B. Soil sample screening revealed elevated levels of VOC's (4-22 ppm) in the majority of the soil samples were collected. Five of the soil samples were immediately forwarded to IEA Laboratories of North Billerica, NIA and analyzed for Total Petroleum Hydrocarbons (TPH) (by EPA Method 8100). The analysis revealed elevated levels of TPH in all of the samples analyzed. The following Table 1 is a summary of the soil sample analysis. IES of CmecticuC AIR ONE EXECUTIVE CFNTER. 20 LINDRfRCH DRIVE.HARTFORD.CONNECTICUT 06114•(860)724-1020 Ifs 0(New Hampshire:922 ELM STREET.MANCHESTER.NEW HA.MPSHIRE03101.(603)641-6173 LJ IFS of Nn-Yndr REPT R1 Ir AIRPnRT.116n NEW HICHwAY. :ARMINr.nAI F NEW Yn1K 11715•(5161420-0518 - /Olivier Humbert 2 March 3, 1996 Table 1 Soil Sample Screening and Analysis i i ,wi�i1� 1gT1kS � xT ;} f * rT et 1d 3 m.x�{i �. ;"e-!3 . Oxy, �y ..Q IES-6 S-1 13.1 NT S-2 I9.9 20,000 i IES-7 S-1 IS0 NT S-2 9.5 2,800 j IES-8 S-1 10.5 NT S-2 11.0 25,000 IES-9 S-1 9.5 NT IES-10 S-1 0.3 NT S-2 5.6 5,700 IES-11 S-1 12.3 NT S-2 4.5 NI IES-12 S-1 22.0 NT IES-13 S-1 0.2 NT S-2 40 Ni' IES-14 No Recovery NA NA IES-15 No Recovery NA NA IES-16 S-1 10.0 NT S-2 22.0 14,000 Method 1 NA NA 500 NT=Not Tested NA-Not Applicable TPH=Total PetcaieumHydrocarbons Note:Screening Parameters For The Above Aro As Follows: 1.Themw Environmental(Model 580B)OVM 2.Q 10.2 Electron Volta 3.Span Calibrated For Benzene(Required by the DEP) 4.Background at 0.1 ppm. j The elevated levels of TPH, above Method, 1 Standards, in each of the soil samples tested confirm the necessity of remediation ai the subject site. IES, INC` Ms. Olivier Humbert 3 March 3, 1996 On February 27, 1997,groundwater samples were collected from monitoring wells IES-1, IES-2, TES-3, IES-4, and IES-5, previously installed by TES on the subject site (See Figure #2 for Monitoring Well Locations). The NAPL in each of the wells was gauged, and the groundwater samples were analyzed for the presence of Total Petroleum Hydrocarbons (EPA 418.1). The results of the groundwater sampling and analysis are summarzed in the following Tab]e 2. Laboratory results, the chains of custody, and laboratory certifications are included in Attachment"B"of this submittal. TABLE 2 Groundwater Testing Results �nuxtu�t•IrE� H,�tagtl " E �'ICB,d4T� °o�,�•�" �� �� ' . r*d t�>� �a�>��,t' °.;. ,.i � u r, `+.."'.�z'S2� '�j'1° �"r. €§" F'�'.4•`�Al`. �$�e�� .,11... � 1ES-1 2/97 BQL 50 0 99.85 10/96 BQL 50 0 99.25 5/96 NT 50 0 99.83 10/95 NT 50 0 NM lES-2-2 2/97 19 50 0 100.42 10/96 121 50 trace 98.31 5/96 NIT 50 6.96 97.69 10195 35,100 50 16.8 NM TES-3 2/97 8.0 50 0 100.54 10/96 12.4 50 0 100.04 5/96 NTT 50 0 100.84 10/95 NT 50 0 NM IES-4 2/97 6.2 50 0 100.51 10196 16.8 50 0 1.00.00 5/96 NT 50 0 100.59 10195 3150 50 0.36 NM ! IES-5-5 2/97 43 50 3.00 99.72 10/46 2,100 50 9.72 99.31 5/96 NT 50 20.4 100.02 10/95 812 000 50 27.6 NM I NT=Not Tested BQL--Below Laboratory Quanntation Limit NM=Nut Measured MCP Method 1=DEP Cleanup Standards IES INC. . Olivier Humbert A M March 3, 1996 All of the levels of TPH, and separate phase oil decreased significantly in all of the wells on the subject site.However, 3.00 inches of separate phase oil remains in monitoring well IES-5 on the subject site. No elevated levels of TPH, above Method I Standards, remain in any of the C monitoring wells on the subject site. However, the presence of separate phase oil in monitoring well IES-5 on the subject site, confirms the necessity of additional remediation. IES is pleased to have been or service to you and should you have any questions about this report, please do not hesitate to contact our office. Y Respectfully Submitted, IES,Inc. t✓ Steven A.Erickson Daniel G.Jaffe Staff Geologist President i . it i it ii i es f 41.ry E S INC �,,,. 3 � , jj OIL-WATER SEPARATOR v�B-1 ry � PAVED PARKING • � 5 '�` &'•�''45+kJdp��,.�''tw���xrRa.rq•k n ' �s ¢ B-2 IES•2 (100.42 IES-1 ae— 0 s a �' 1•r� 4�r�, c1a re "ark'' a � ; AREA OF 4 1 EXCAVATION IES-.3 '(100.54) PAVED B-3 PAVED PARKING PARKING LEGEND FORMER UNDERGROUND • STORAGETANK -4 GEO-PROBE SAMPLING LOCATION MONITORING WELL TEST BORING HAWTHORNE GROUNDWATER FLOW SQUARE DIRECTION INDICATOR SHOPPING PLAZA GROUNDWATER ELEVATION BENCHMARK=100' F ,r David B.&xens: (617)T76 8549 IE S. INC. Cosmo D.Clpabi2rcw (617)613.88n Kerry Axtm (617)776-(1579 ENVIRONMENTAL CONSULTANTS I.h.R.DiPlm,c,: (617)623-6204 X3MWFCRVST. SOMERVfI.LE,MA0N43 51.A Erickson: (617)7761950 (617)621-0&90 FA%4(07)619.2920 Gerard R.C,h.e (617f 62 5168 ESINC0AOLCOM Daniel r,19f, (617)776-2715 Brinn J.mfliin (617)n"829 September 15, 1998 Mr. George Levesque Salem Health Department Salem City Hall 93 Washington Street Salem, MA 01970 Re: Response Action Outcome(RAO) 207 Highland Avenue Salem, MA RTN 3-12517 Dear Mr. Levesque: IES, Inc.Iof Somerville, MA has completed a Response Action Outcome (RAO) Statement for the above referenced site. In accordance with the IvIassac;husetts Contingency Plan (310 CMR 40.1403(3)0), notice must be given to the Chief Municipal Officer and the Board of Health in the Town in which the disposal site is located. ,Based on the implementation of an Activity and Use Limitation (AUL), the Class B-2 RAO stated that a condition of "No Significant Risk" of harm to health, public welfare, and the envif ortmental has been achieved for the site, in accordatice with 310 CMR 40.0973(7). - Additional information regarding the LSP Evaluation Opinion and the Response Action Outcome Statement can be obtained from the DEP's Northeast Regional Office at 205A Lowell Street in Wilmington, MA, or directly from IES, Inc. at 265 Mefferd Street in Somerville, MA. If you or any member of your staff should have any questions regarding this matter, please do not hesitate to routact this office. Respectfully Submitted, LES, Inc. Daniel G. Jaffe, President iEs orCo,,,wi,licut:AIR ONE EXECUTIVE CENTER•20 UNDSERGH DRIVE-HARTFORD.CONNECTICUT 06114-(860)724-1020 IES of New Hampshire;922 ELM STREET,MANCHESTER,NEW HAMPSHIRE 03101-(603)641-6173 IES of New York REPUBLIC AIRPORT-1700 NEW HIGHWAY.FARMINGUALL,NEW YORK 11735-(516)420-9S19 -r-a-lui uepartment of Environmental Protection Bureau Of Waste Site Cleanup BWSC-113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number a Pursuant to 310 CMR 40.1056 and 40.1070-40.1084(Subpart J) A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: /t a[R6.+r GNCV4'of.FT Street: 2,07 /-r t L,1 Ly_, 4Vov,.,E q Location Aid: O Zyyyl City/Town: _5,9 w., e ZIP Code: Address of Property'subject to ubject AUL,If different than above. Street: clry r �✓/ ZIP Code: � Check here if this Disposal Site i5 Tier Classified. If the Disposal Site subject to the AUL is also subject to a Tier I Permit,protide the Pernik Number; Related Release Tracking Numbers affected by this AUL; B. TH12TORM IS BEING USED TO: (check dna) Submit a certified copy of a Notice Of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections Of this form). ❑ Submits cedified copy ofan Amended Noticeof Activity and Use Limitation,pursuantto310CMR 40.1081(4) (complete all sections of this form). Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Submit a certified copy or a Grant of Environmental Restriction,Pursuant to 310 CMR 40.1071,(complete all sections of this tomo), Submit a certified copy of an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Submit a cenifed Copy of a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). You must attach all supporting documentation for the use of form Indicated,Including copies of any Legal Notices and Notices to Public Officials required by 310.CMR 40.1400. C. AULINFORMATION: j Date AUL was recorded and/or registered with Registry of Deeds and/or Land Registration Officer Name of Registry of Deeds and/or Land Registration Office where AUL was recorded and/or registered: Ssez Soo7H �r� sln L�iT2e/ I -Book and Page Number and/or Document Number of recorded andlor registered AVL:a4 335`1 G'6 69 J$6 00< 7- 364 S53 Z D. PERSON SUBMIT-TING AUL TRANSMITTAL FORM: Name of Organization: rl /GLCfQ6r1— �j Ctl6t//<n' .F'T -.Name of Contest: RuLF Title: 2h-JvfJT.vY -:Street Cirr/1-ovm: SA Lr�. pState: /"V1— ZIP Code: O/ f L Telephone: 7YV^ 11L1 FAX:(optional) E. OWNER OF PROPERTY, IF NOT PERSON SUBMITTING AU L.7RANSMITTAI FORM: Provide a mailing address for the owner of the property If that person is not submitting the AUL Transmittal Form. Provide addresses for additional owners on an attachment. Name of Organization: Name of Contact' Title: Street Gry/Totm: State: ZIP Code:- Telephone, ode:Telephone, Ext.: FAX:(optional) Rewsed xate5 Do Not Alter This Form Page t of 2 r vll tment Ot Environmental Protection BWSC-113 Bureau Of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM 11,1*as Tracing Number e Pursuant to 310 CMR 40.1055 and 40.1070-40.1084(Subpart J) 7 F. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) RP or PRP Specify: 9-iOwner C OPemtof ;�; Generator L Tfenspoder Other RP or PRP: Fiduciary,Secured Lender or Municipality vdth Exempt Status(as defined by M.G.L.C.21 E,s.2) ❑ Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,A.Si ❑ Any Otl Person Submitang AUL Specify Relatmnship: G. CERTIFICATION jOF PERSON SY BMITTING AUL TRANSMITTAL FORM: 1. �F C Pn vN e 137 ,attest under the pains and penalties of perjury{1)that I have Personally examined and am familiar vath[ne information conta ne in t is submittal,submittal,including any and all documents accompanying this transmittal form,(al that,based on my inquiry of those individuals immedlal¢ly responsible for obtaining the information,the material Information contained in this submittal is,to the best of my knowledge and belief,true,secure a and complete,and(ii that I am fully Authorized to make this attestation on behalf of the entity legally responsible for this sub 1. I/the mon or en o v hQSU half this submittal Is made aMAs aware that there are significant penalties,including, but not limited to, to nes a 'mprison nt, Willf thing false,Inaccurate,or incomplete information. Title: a;u —. Far: �rlLCR 6Jr GrJ!'✓2.�r Date: (pilot name of person or entity recorded in Section Dj Enter address of person providing certification,if different from address recorded in Section D: Street Cityrrown: Slate: 21P Code: Telephone: Ext.: FAX:(optional) YOU MUST-COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE,AND YOU MAY INCUR ADDITIONAL COMPLIANCE FEES. Revisetl SlS/gS Do Not Ater This Form page 20(2 !o � Massachusetts Department of Environmental Protection Bureau Of Waste Site Cleanup BWSC-114 ACTIVITY & USE LIMITATION (AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1070-40.1084(Subpart Jj j' � -;;(LSi1— COMPLETE THIS FORM AND ATTACH AS AN EXHIe1T TO THE AUL DOCUMENT TO BE RECORDED ANDIOR REGISTERED WITH THE REGISTRY OF DEEDS ANWOR LAND REGISTRATION OFFICE. A. LOCATION OF DISC/POSAL SITE AND PROPERTY.SUBJECT TO AUL: Disposal She Name: /H/LL C�irfr Gff't•l�2 ot/fr Street: Location Aid: cilyrrowm: Sq tom, p/ . _^ ZIP Code: '??U Address of property,subjecl to AUL,if different than above. street: CTylrvwn: —' ZIP Code: B FORM IS BEING USED TO: (check one) Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). 1I- Provide the LSP Opinion.for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.11)01(4) (complete all sections of this form). Provide the LSP Opinion fora Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1003(3) fcomplele all sections of this forth), U Provide the LSP Opinion for a Grant ofnvironmental Restriction.Pursuant to 310 CMR 401071,(complete all sections of this form). Provide the LSP Opinion for an Amendment or Environmental Reshlctlon.pursuant 10 310 CMR 40,1081(3)(comPlete all sections of this form). El Provide the LSP Opinion!or a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(compkye all sections of this farm). C. LSP OPINION: i I attest under the pains and penalties of perjury accompanying this submittal, In my professional that 1 have personally examined and am familiar with this wbmittal,including any and all documents eppGcable provisions Of 309 CMR 4.02(2)and(3),opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the and(ii)the provisions or 303 CMR 4,03(5).to the best of my Imovdedge,Information and belief, > 'tSectionOf t 8 i submittal rhes a eing o of Ac in fy acod Use Limkapon u being regstared end/orrarnrdsd,the Activity and Use Limitation that is the subject CMR 40.107411)rs being provided In accordance With the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(q complies with 31C CMR 40.1074(1)(6J; > It S90aen 6 Militates that an Amended Notice ofAcOvtty and Use Unrldwion 4 being reg'stwrad and/or recorded.the Activity and Use Limitation that is the subject of this submittal(i)is being Provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1080(1)and 40.1081(1); > it Section 8 indicates that a Torm/nadon ora Notice ofAetNlty and Use Limitations being ragistmed and/or recorded the Activity and Use Limitation that Ls the subject of this submittal(1)is being Provided in accordancewith the applicable provisions of M.G.L.o.21E and 310 CMR 40.0000' and(ii)complies with 310 CMR 40.1083(3)(a); I > if Section 8 inddcalos that a Grant of Em fronmenta/Restriction is omit/or recoNed,the Act"and Use Limitation that is the with CMR submittal (1)(.); ppbeingrapslwed cl subje .of this submittal(i)a being provided in accordance wth the alicable Prarisions of M.G.L.C.21 E and 310 CMR 410003 and pp complies > NSection 8 inW'ca(ea that an Amendment to a Grant of Envfronman al Restriction is being raghdo80( the Activity and Use had end/ormcordaQ Limitation trial Is the subject of this submittal(1)is being provided In accordance With the applicable provisions of MG-1–MG-1–a ed and 310 CMR 40.0000 and(i)compiles with 310 CMR 40,101)and 40.1081(1}; > dSacdon Blndcatssthw a Roloose ofGrantofEM"ho"MenralRestr@donls Dehgrepstered andorreao✓dad,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with (ii)complies with 310 CMR 40.1083(3)(a). the applicable provisions Of M.G.L.o.21 E and 310 CMR 40.0000 and - I am aware that significant penalties may result materially Indiuding,but not limited to,possible fines and Imprisonment,if I submit inrortnation which I know to De false,inaccurate or incomplete. Check here lithe Response Act'wn(s)on which this opinion is based,it any,are(were)subject to any order(s),penn0(s)and/or eppronw(s) issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 5/8195 Do Not Alter This Foran Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 s. Bureau Of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM �r eiaaseT a`a"g Number Pursuant to 310 CMR 40.1070-40.1084(Subpart J) - CJ C. LSP OPINION: (continued)) LSP Name: rSL �r- J,9FFF' 2 3 LSP Stamp: Telephone: ORr.gr.L u+ JAFFE �+ ✓(, S. "I',r' No.2347 LSP Signature: c\��ys 4,ClSTfPE� $� '.l Date: L e Yv 'A\FO yitPR�F,SS YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. r Reviseo 518,95 Do Not Alter This Form Page 1 oft i : 3!0 CMR: DEPART11E-'I'OFESVIROY.ltiv t AL PROTECTION Forth 1075 . Nj�JiCF OF ACTrViTY AND USF L@41T'ATt(lN i. M.G.L.,c.21E,§6 and 310 CMR 40.0000 i Disposal Site Name: Hillcrest Chevrolet DEP Release Tracidrg No.(s): 3-12517 This Notice of Activity and Use Limitation ("Notice') is made as of this 1_ day of j Aueusc 19 9y by[.Name and address of current property owner(s)],together with hisPrmrrit4cheir successors and assigns(collectively'Dwner'). WITNESSETH: WI-rrR:.AS,R?lOn Certlnd010(?tame of Owner), of Save=ly (Towdcity), Essex County, MA (State)[Is)(arc)the owoa(s)in fee simple of(that)(those] ce.-.atn parcels)„gC (vacant) ;land located _in (Tow7d.Ciry),,. yet .� County, "Mssu hus.s,wiih the sildings a:.d impi•ov2mend thereon("P:operry"); - - -" - said psi of land,w}icS is Tore par;=Wly boulded and described it ExcSbit .A, a ached hereto ad made a par, hereof("Property”) is subject to this Notice of Activiry and Use Li::.ita7on. The Fmpdr f is sown on a plan(raordtd w.&or:cystcred herewith)(recorded and/or registerd in 1735=_x County Registry of Dr_dvLard RtgisuzEcn Office in Plzt Booker Plan21 az La-.d Court Ptan No.20304;8 ' [W'F'.EREAS, a porion of the Property('Portion of the Properry')is more specifically subject. to[:mss Notice of Activity and Use Lineation. The Porion of the Pope—,,y is more particularly bounded and described in Exhibit A•1,aaacSed hereto and made a par hereof. The Portion of the Properly is shoaxr on a plan(to be rtrorded)registered}:ere•xith](recorded and/or re '-erect in Fac-v County Registry of Deeds/i.and Registration Office in Plan Beok252- PIan21 Qr u Lard Court Plan 1.70. 203048 WTTEP.E.AS,&x Prope-.ty, (Pordcn of the Propc.:f]comprises[al j[pm of]a disposal site as the remit of a release orcil and/or let— Hous material.Exhibit B is a sketch plan showing the-relationship of the (?rope,ry](Ponicn of u'te Propem]subject to chs Notice of Aaiviry and Use Lirnitation io the boundaries of said disposal site(to the tectent such boundaries have been esaablished). Exhibit B is anached hereto and mase a pan hereof.];and - . W'r1.<.3BAS,one or more response actions have been selected for(the Disposal Si[e][Portion of the Disposal Site] in accordance with M.G.L. c,21E("Chapter 21-E ) and the Massachusetts Contingency Plar,310 CMR 40.000A('MCP'). Said response anions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil [and/or groundwater]and/or(b)the restriction of certain activities occurring•ut,on,through,over or under the(Property)(Portion ofthe Pmperty). The basis for such restrictions is se[ forth in an Activityand Use Limitation Opinion ('AUL Opinion'), dated 8/20/98(which is attached hereto as Exhibit C and made a part hereof); NOW.THiEREFORE•notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: L Prrrninrd Activittee and uses Set Forth in the AUL Opinion. The AUL Opinionprovides that (select one) (a condition of No Significant Risk to health, safety,public welfare or the environment exists for any foreseeable period of time](no substantial hazards remain](pursuant to 710 CMR 40.CfM) so long as any of the following activities and uses occur on the (Propery)(Portion of the Property): An use which does not disturb the building foundation over the Al y contaminated area: (Ii) ;and Any use below the building after implementing proper precautions 7128/95 310 CMR-1704 Form 1075: continued tui) Such other activities or uses which.in the Opinion of an LSP,shalt present,no greaur risk of harm to health,safety,public welfare or the enwonmem than the activities and uses _ set forth in this Paragraph. 2. A rivkles and [tae In .ons st nt with The AT Fr, Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use I:imitation, and which, if implemented at the[Property][Portion of the Property],may result in a significant risk of harm . to health,safety,public welfare or the environment or in a substantial hazard,are as follows: �)The excavation and disturbance of soil, or any construction activities beneath the concrete floor under the building,without using workers who are adequately protected and trained; and implementing federal and state occupational, health and safety requirements, including, but not limited to 129 CFR 1910.120. 3. Ohliaadons And Conditions Set Forth in the AUL Opinion. Ifapplicable,obligations and/or conditions to be undertaken and/or maintained a.the(Property](Portion of the Property) to - (selea one)[maintain a condition of No Significant Risk][d aminate a substantial hazard]as set forth in the AUL Opinion shall include the following: Any construction within the area of the AUL,including disturbance of the concrete floor of the building or the underlying soil,shall be done by workers who are adequately protected and trained in implementing federal and state occupational, health and safety requirements,it but not limited to 129 CFR 1010 20. (i)Any soil generated must be disposed of in accordance with appllcaUe laws. 1 4. Proposed Chang in A timfi s and Uses. Any proposed changes in activities and uses at the (Property] [Portion of the Property]which may result-in higher levels of exposure to od and/or-hazardous material than currently exist shall be evaluated by ai who shall tender art Opitdoo,in accordance with 310 GYM 40.1080 et szq., as to whether theproposed changes will (select one) [present a significant risk of harm to health, safety, public vthkre: or the environment] [will invalidate the conclusion that no substantial hoards remain]. Any and all requirements set forth in the Opinion to meet the objective or this Notice shall be sausliied before any such activity or use is commenced. 5. Viohdon q(Remonse 9^:o7 Outcome The activities,uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety,.public weL`are,orthe environment or to create substantial haiards out to exposure to 02 and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1030 er seq.,and withom additional response actions,if necessary,to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. L`the activide,uses,ardor exposure upon which this Notice isbased change without the prior evaluation and additional response actions determined to be necessary by an LSP to accordance with 310 US9 40.1080 et Seq.,the owner or operator of the[Property](Portion of the Property]subject to ttds Notice at the time that the activities,uses and/or exposures change, ` shall comply with the requirements set forth in 310 CMR 40.0020. b. Incoria,m6or Into needs M nen ee r remts and iinstruments nfl'ransfer This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgagos, leases, licenses,occupancy agreements or any oltfer ittsvumeni of transfer,whereby an interest in and/or - a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice,said Notice to become effective when executed under seat by the undersigned LSP,and recorded and/or reg sieed with the appropriate Registry(ie)of Deeds and/or Land Registration 7128195 1 in Csta . ttni 310 CMR. DEPARTNIE,S OF ENVIRONMENTAL PROTECTION ' Farm 1075. continued �/ vs // b YLTLVw ESS the exetion hereofunder seal this d4, 42L "44 - COMMONWEALTH OF I�LASSACHUSETCS ss 19 Than peraonally appeared the above named his/her '(E be and acknowledged the foregoing tohis/herfree as and deed before me, CHRISTINEGAUDREAULP NOTARY PUBLIC rvolaryPublic- MY ccririler eVes mot i 20 MY Commission Expires: The undersigned LSP hereby ccrifies that he/she executed the aforesaid Activity and Use Limitation Opinion attached hereto u Exhioit C and made a part hereof and that in his/her Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said'gctMry and Use Limitation Opinion. .. Daze:- 'y,�/ GI f �-"�r /C---._�- ✓ U VLSP / (LSP SE.A....] COM1v101vMTALTH OF MASSACHUSETTS $s 19 Then personally appeared the above named and acknowledged the foregoing to be hi"er free act and deed before me, /y! tarry P i MCo cion Expires Upon recording,return to: a,o0 J (Name and Address of Owner) I I certify this to be a true and accurate copy 6f the original This 2..Q day of �.R.- , 1999 AOCMiRI'777MECHI��ISTINE AUCREAULT NOTARY pUBUC 4 cowrL*n a otter Mor.A.M i Quitclaim Deed Ralph Cerundo16, individually and as Trustee of Hillcrest Realty Trust,under declaration of trust dated July 8, 1985 and recorded at Essex South District Registry of Deeds at Book 7824, Page 341 and filed with Essex South Registry of the Land Court as Document No. 203049 on Certificate of Title No. 54838 for consideration of less than One Hundred and xx/100($100.00) Dollars granted to Ralph Cerundolo, Trustee of Hillcrest Realty Trust II u/d/t dated August 24, 1998 to be recorded with Essex South District Registry of Deeds herewith and filed with Essex South Registry District of the Land Court herewith. WITH QUITCLAIM COVENANTS The land with the buildings and improvements thereon, situated in Salem, Essex County, bounded and described as follows. PLEASE SEE EXHIBIT A ATTACHED HERETO, AND MADE APART HEREOF, The consideration for this conveyance being less than $100.00, no deed tax stamps are axed hereto. For Grantors Tide, see deed filed with Essex South District Registry of Deeds in Book 7824, Page 250 and filed with Essex South Registry District of the Land Court as Document No. 203048, Certificate of Title No. 54838, S:'Lawrenee SAYIn§a Bank d50mHAIami Reny T—t nniVb<umenWdked m IlJlcn„Reday 7w1 11 Jac f FDP NUIDIPA._106738 UNREGISTERED LAND D®III PAGE: ATTORNEY: CHAPPELL COHEN OIFRON n TINNERSHINE �---__ PIAN BODIC 149 PACE:43 12MDER LAWR�N CE SAI1NCS AAHK WR(SI�56Adf3 pRNER RALPH CERUNDOLO PLAN NIRRNK2 OF APPLICANT, REGISTERED LAND DAPS: 08/20/98 —� REGISTRATION BOOK 252 SDAB: 7•.20__0',___,__— PACE: CCNFMCATE OF M2. 51838 FLOOD HAZARD INFORMATION PUN NIfYPY`a. 21246D '--- LOT(S): 5 A 6 NE: FLOOD RAP COMWNrt7 No, 250102 ZOC ASSESSORS PANEL 0005 O MAP Dd'IED:_S@/05/85 yAp; BIACK . PARC%L MORTGAGE INSPECTION PLAN 207-209 111CMLAND AVENUE; SALEM, MA N/F PEOUOT ASSOCIATION 378.41' 1 I I 1 ti I I I w LOTS 5;6,A&B 8.304 ACRES I � I I i _ m I �+ NA SALEX REALTY TRUST 1 a ti� I iL PIGNT M 9AT I I a5Y 0 Ga I 374.99' MORTGA_ E LENDER 0GN ROD HIGHLAND AVENUE USE ONLY THIS IS THE RESULT OF TAPE MEASUREMENT, NOT THE RESULT OF AN INSTRUMENT SURVEY AND IS CERTIFIED TO THE TITLE D ' INSURANCE COMPANY AND ABOVE LISTED ATTORNEY ANO LENDER. & ACC + ,T�ir THERE ARE No DEEDED EASEMENTS IN THE ABOVE REFERENCED TEL.:(800)287-8800 FAi{5qi S3-Yf IT DEED OR ENCROACHMENTS WITH RESPECT TO BUILDINGS SITUA TED ' ON THIS LOT EXCEPT AS SHOWN. THE LOCATION OF THE DWELLING SHOWN DOES NOT FALL WITHIN �yTN OF A SPECIAL FLOOD HAZARD ZONE, MARt00 THE LOCATION Of THE DWELLING AS SHOWN HEREON EITHER DOMINIC s ' WAS IN COMPLIANCE WITH THE LOCAL ZONING BY-LAWS IN MANOANla EFFECT WHEN CONSTRUCTED (WITH RESPECT TO STRUCTURAL Na 118oHR SETBACK REQUIREMENTS ONLY), OR IS EXEMPT FROM VIOLATION on ENFORCEMENT ACTION UNDER MASS. SECTION 7. GL.. TITLE VN, CHAPTER 40A, LMp - GENERAL NOTES: (i) The dnclaro!lana mace a5ave are m the bmis of my knovlecga, in(vrmclion, and Pew as the r m l yf a mo,lgoge "pact' tope "ay "de to the 1-6 standard of care of Fagistesd fond sarvgy practrA9 is MosSeases tm (2) Oaa.U.II" Is mode to the Pham ,.sc dlent only Gs of thls date. (3) Thls plan was nal made Tar t cfing iPUIDmes. Io' ase in preparing deed descriptims o, for ponstructlons. (4) VeH6L°Nane ° pop Y 1 r ed 1. a lot c..OWmativn may be accanplishaa only y b accurate °atrumml n< dLn<nsians baidaxT aNsal; fe✓-3. m wrvey. li;�hilil NOTES: LEGEND - SITE LAYOUT PLAN 1. ALL SIZE CURBING SHALL BE PRE—CAST CEMENT CONCRETE UNLESS OTHERWISE NOTED. EXISTING PROPERTY LINE EXIST. DMH 2. ALL CURBING LOCATED WITHIN THE STATE HIGHWAY LAYOUT SHALL BE R=101.65 VERTICAL GRANITE CURB—TYPE—VB. EXISTING WAY INV,-97.45 NE) , 3. EXISTING CONDITIONS INFORMATION OBTAINED FROM AN ACTUAL FIELD EXISTING BUILDING INV.=94.47 E� SURVEY PERFORMED BY OTTE & DWYER, INC. IN SEPTEMBER, 2000. z INV.=94.49 SE) 0 \ 4. PROPERTY LINE INFORMATION OBTAINED FROM A PLAN ENTITLED EXISTINGHYDRANT Z:r N V.=96.85(UV) e w L=38.84' INV,=96.82( W)J }. EASEMENT PLAN OF LAND" PREPARED BY H.W. MOORE ASSOCIATES, cc INC. DATED SEPTEMBER 29, 2003 AND RECORDED IN PLAN BOOK 372 EXISTING EDGE OF PAVEMENT W .1 R=25.00' PLAN 34. EXIST. c ✓H NV.=9845-7 z D89'0�25' 0 R=101,8% � : - 5. THE PURPOSE OF THIS PLAN IS TO ILLUSTRATE THE PROPOSED PARKING EXISTING UTILITY POLE �:� T=24,57' \ LAYOUT FOR HEALTH CARE RESOURCE, INC. WHICH WILL OCCUPY A \\ �� INV.=95.37 PORTION OF THE EXISTING BUILDING LOCATED AT 207 HIGHLAND AVENUE EXISTING CURB — U IN SALEM, MA. u W PROPOSED CEM. CONCRETE CURBING I _ ROPOSED VERTICAL GRANITE CURBING pl�l - -- --- _ ....._ -- ++ - � - - N`J.=98.41� -' FIRST STREET �U) — _— 366.39 PROPOSED STRIPING '00, 537'39'20"E So ) —3�� � PROPOSED LANDSCAPED AREA HANDICAPPED z EDG EXISTING 3 O o � Xi J._, - _ -- tb,3' PARKING ONLY SIGN (R7-8) PROPOSED 1RAFFIC SIGN T o I BIT CONC. PAVE - - - - - - - - (TYPICAL) PROPOSED DIRECTIONAL a ti E OF �'AVEMENT (TYP.) o o EXIST BIT BERM (TYP.) � _ _� RELOCATE FENCE PROPOSED HANDICAP PARKING O� o — o _ 0 CLOTS 9,10&E N o — o EXIST FENCE j, N V c o M 0 0 w TOTAL AREA tf v 0 d 0 0 � �+1 N to / � v = — � I M a a (13) SPACES 149 314 s.f.t / VAN 0 �. . ,M lz vz � � 0 w � r � v � tMO BIT. CONC. PAVE DOOR / JII� �_ o E c, ra I 4" WIDE PAINTED 9 9' 9' 9' PARKING CALCULATIONSa d0 �7_• LINES (TYPICAL) 4" 4" 4" COMPONENT REQUIRED PROPOSED ru J 33 SPACES 0 tD rn O 1n NOTE: HEALTH CARE RESOURCE,NC. _ N Z _ W t Space for each professional 39 STANDARD SPACES m'-' O Q U 1, STALL DEPTH SHALL BE AT LEAST NINETEEN (19) FEET. THE DEPTH (Professional offices,medical 1 Space for each two employees •L S 2 01 - O CL Q and dental clinics) 2 HANDICAP SPACES PROPOSED MAY INCLUDE NO MORE THAN TWO (2) FEET OF ANY LANDSCAPED SETBACK 2Spaces for each professional(medical) N O Z = • "FORMERLY HILLCREST CHEVROLET" HEALTH CARE RESOURCE, INC. O ? L) N AREA ADJACENT TO THE FRONT OR REAR OF A STALL AND USED FOR (3X10)+(6 2)=33 } Cu m Q N V O � � z BUMPER OVERHANG. m .may g 3 y (t) STORY GROSS FLOOR AREA= 7,300± S.F.) V) x U Cr) TOTAL 33 41 U v m °D Cr CONCRETE BLOCK & BRICK ( W z w •�w I� h CO), UO,) ^,r No 207 Ln HANDICAP AND STANDARD PARKING DETAIL cc - - D I_ N N •> V v X Q O CV > (RETAIN EXISTING BUILDING) � m / N NOT TO SCALE 1.ALL PARKING SPACES SHALL BE 9-I"IN WIDTH BY I9-fT IN LENGTH W V V) FriH ,i M I 2.ISLE WIDTH FOR 90°PARKING SH.L BEA MINIMUM OF 24-FT.FOR TWO WAY TRAFFIC 'S V CO w 34.4' " Fri 3.PARKING LOTS WITH 26-50 SPACE REQUIRE A MINIMUM OF 2 ACCESSABLE SPACES PER 521 CMR.23.2.1. tm a N N I Q ti 3 p W - w PROPOSED COMMERCIALob , ' 0 Q _ PROPOSED (TO BE DETERMINED) CRASH GATE SIGN TABLE N c C� - -- MOUNTING z Q Z U GROSS FLOOR AREA= 22,020 t S.F. REGULATORY C Vt m w o ( ) SIN SIZE HEIGHT DESCRIPTION REFLECTORIZED N Z ___ DESCRIPTION (GRWWTO > N Q LL Y k U Y as Q 0 V w Q nr W ti R7-8 , GREEN & BLUE C Vt o v Co (MODIFIED) V!J 12 X 20 T- 0 ON WHITE YES V) C7 >�' x Q N C 00 N N 0 6 EXISTING —I i o OD BIT. CONC. PA VE l/1 0 0 Q z CONCEPTUAL FUTURE PARKING C a o --- —t — — "Y�j, 4 -- L SWING ARM I o 3 I � rntilTero Q �� ted: tD N ,.�. _ ----- — — — --- --- ---- -- — -- - - - — -- — — --- a= _ OF PA VEMENT (TYP.GE OF SLEEVED POST-� �- 4" GALVANIZED �Po�JSQ�Ts y°2� O BIT CONC. PAVE =v — — — — — — PADLOCK oo�m o= STEEL POST $ 00> < LOCKING < o cc z I O � I_.. ?'�' YT — — lX � — — �o 0 0 /0/ � 4 ASSEMBLY — , � ,� CY / OHW � ; CONCEPTUAL FUTURE PARKING (TYI .) 3:0 EE JF AVEMT (TY .)� — _ I _�v y 0 rt EXISTING GRADE �onit FQ' 454.69' yt , „ VARIES N37.39'22"W o LEDGE CONCRETE FOOTING -- OHW OHW OHW _ OHW OHW _ 10" DIA. 0 POSTS J I I N/F CRASH GATE THE SECOND PICKI NOT TO SCALE MAP 8 LO J o BOOK 13828, P 0 0 v1 iA u LL 'V N E V) z � -C O L z LL. � 4 30 HORIZONTAL SCALE ^ 3 0 30 0 15 30 60 120 +_+ ~ O S� z ( IN FEET ) L� _ O 1•-3a a 3 a o