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15 ROBINSON ROAD - ZBA (2) I� �� n5� � � / — _ _� - / � `� �,,; �� O � O v � � � /\ � �> � _ � �� - � � � �� . 1 . S , . �: ._.,�. � .. px 9 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS NO. AAA Enterprises and Services, Inc. ) PLAINTIFFS ) V. ) NOTICE OF APPEAL ROBIN STEIN,BONNIE BLAIR, ) RICHARD DIONNE, ELIZABETH ) DEBSKI , AND REBECCA CURRAN as they are Members of the ) CITY OF SALEM, ) ZONING BOARD OF APPEALS, ) v DEFENDANTS 1 i TO: City Clerk G Salem City Hall 93 Washington Street Salem, MA 01970 In accordance with M.G.L. C 40A, §17, please be advised that the above-captioned action has been filed on November 24, 2008, in the Land Court Department of the Trial Court, Essex Division, appealing the decision of the Zoning Board of Appeals of the City of Salem to deny a Spacial Permit to AAA Enterprises and Services, Inc. regarding property at 15 Robinson Road, S@im, M1 01970. A copy of the Complaint is attached hereto. M CL S� .I N � J c� U cr William R. DiMen o `' BBO 9125040 DiMento & DiMento 25 Pitman Road Swampscott, MA 01907 781-598-2500 Date: November 24, 2008 COMMONWEALTH OF MASSACHUSETTS 2: ca ESSEX, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS NO. AAA Enterprises and Services, Inc. ) PLAINTIFFS ) r; V. ) COMPLAINT ROBIN STEIN, BONNIE BLAIR, ) �� RICHARD DIONNE, ELIZABETH ) "' DEBSKI, AND REBECCA CURRAN ) ;_ as they are Members of the ) w CITY OF SALEM, ) N ZONING BOARD OF APPEALS, ) DEFENDANTS INTRODUCTION This action is an appeal under the provisions of G.L. c. 40A, § 17, of a decision("the Decision") of the Zoning Board of Appeals of Salem("the Board')filed on November 4, 2008, denying AAA Enterprises and Services, Inc. C'Plaintiffs") petition for a Special Permit to allow the receipt and processing of stone, soil and loam at 15 Robinson Road, Salem, Massachusetts. ('Property) 1. Plaintiff, AAA Enterprises and Services, Inc., Leases the Property situated at 15 Robinson Road, Salem, Essex County, MA 01970. 2. Defendant, ROBIN STEIN, is a member of the Zoning Board of Appeals in Salem, and she resides at 141 Fort Avenue, Salem, Essex County, MA 01970, 02152. 3. Defendant, BONNIE BLAK is a member of the Zoning Board of Appeals in Salem, and she resides at 113 A Federal Street, Salem, Essex County, MA 01970. 4. Defendant, RICHARD DIONNE, is a member of the Zoning Board of Appeals in Salem and he resides at 23 Gardner Street, Salem, Essex County, MA 5. Defendant, ELIZABETH DEBSKI, is a member of the Zoning Board of Appeals in Salem and she resides at 43 Calumet Street, Salem, Essex County, MA 6. Defendant, REBBECA CURRAN, is a member of the Zoning Board of Appeals in Salem and she resides at 14 Clifton Avenue, Salem, Essex County, MA 8. On or about July, 2008 Plaintiff filed an application with the Salem Zoning Board of Appeals (Board) to seek relief from the provisions of the Salem Zoning Ordinance in the form of a Special Permit to allow earth processing activities such as crushing of rock and screening of loam at the Property at 15 Robinson Road. 9. On or about March 19,2008, the Board held a public hearing with respect to said application of Plaintiffs appeal and continued the public hearing to April 16, 2008, May21, 2008, July 16,2008, September 17,2008 and October 15, 2008 10. Notice of said hearing was mailed to all parties-in-interest as defined by G.L. c. 40A, s. 11 and was advertised in a paper of general circulation, namely, the Salem Evening News, once in each of two successive weeks, the first publication not less then fourteen days before the day of hearing. 11. On November 4,2008, the Board filed a decision denying the requested relief in the office of the City Clerk. A certified copy of the decision is attached hereto as"Exhibit A" 2 12. The Board did not consider in its deliberation or decision any of the testimony of the proponents and incorrectly applied the criteria required under the Salem Zoning Ordinance. 13. The Board failed to consider the Plaintiff had used the Property for many years for the crushing of rock and the processing of soil and loam before being informed they needed zoning relief. 14. The Plaintiffs are aggrieved within the meaning of M.G.L. Ch. 40A Section 17 by the decision of the Board. The Plaintiffs are parties in interest as defined by M.G.L. Ch. 40A, Section 11. 15. The decision of the Board denying relief exceeded the authority of the Board, is based on legally untenable grounds, unreasonable, capricious and arbitrary and has an insubstantial basis in fact. WHEREFORE, plaintiffs respectfully requests that this court: (a) Enter judgment annulling and vacating the decision of the Board; (b) Grant such other relief, as the Court deems necessary and proper. AAA Enterprises and Services, Inc. By their attorney, L1� �( �( William R. DiMento BBO#125040 DiMento &DiMento 25 Pitman Road Swampscott, MA 01907 781-598-2500 Date: November 24, 2008 3 v�6conmtr9ls CITY OF SALEM, MASSACHUSETTS BOAOF APPEAL m RD G' A-7 � 120 WASHINGTON STREET 4 SALEM Massecxuseris 01970 T)az 978-745-9595 FAx:978-740-9846 c-) KIbmFRi FV DRlscocl. MAYOR i- 7 m O T v, Decision November 3, 2008 City of Salem Zoning Board of Appeals o Petition of AAA Enterprises & Services on behalf of Mountain Realty Trust requesting a Special Permit to add a nonconforming use to allow for the receipt and processing of stone soil and loam at 15 Robinson Road. A public hearing on the above petition was opened on March 19, 2008, and subsequently continued to April 16th, May 2151, July 16"', September 17'11 and October 15, 2008 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Robin Stein, Elizabeth Debski, Rebecca Curran, Bonnie Belair, and Richard Dionne. The petitioner, AAA Enterprises & Services, requested a Special Permit to add a nonconforming use to allow for the receipt and processing of stone soil, and loam at 15 Robinson Road in the Business Park Development (BPD) zoning district. Statements of fact: 1. The subject property is within the Business Park Development (BPD) zoning district. 2. The petitioner is requesting a Special Permit to add a portable rock crusher on property to expand business. 3. During the hearing, letters from Doyle Sailmakers, Inc, and Thermal Circuits, located at 96 Swampscott Road and l Technology Way respectively, were read stating their opposition to the petition. 4. Jack O'Neil, Jacqueline's Gourmet Cookies, located at 96 Swampscott Road spoke in opposition to the petition. 5. David Groom,proprietor of Groom Construction and Groom Energy, located at 96 Swampscott Road, spoke in opposition to the petition. ,11B �� 6. Letter from City Councilor Joseph O'Keefe(Ward 7)was read in support of the petition. 7. City Councilor Jean Pelletier spoke in support of the petition. 8. The Board of Appeals had previously requested that the applicant provide the Board with a copy of the applicant's DEP order. Some members of the Board wanted to review the order prior to voting on the petition. The Board did not receive a copy of said DEP order. 9. The Petitioner requested that the Board vote on the petition notwithstanding that some members of the Board still wanted to review the DEP order prior to voting. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, voted against the following motion for lack of information necessary to properly evaluate the proposal and a concern that there would be substantial detriment to the public good: "To approve the Special Permit to allow for the receipt and processing of stone soil, and loam at 15 Robinson Road subject to the following terms,conditions, and safeguards: TY Petitioner shall comply with all city, state and federal statues, ordinances, codes and regulations. 5ax'b'E3 'i'!re': 2, 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. 4. The days of operation will be limited to Monday through Friday, 8:30 am. to 4:30 p.m." The vote was two (2) in favor(Dionne and Belair) and three (3)opposed (Stein, Curran, and Debski). The motion fails and the petition is denied. Robin Stein Chair A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS NO. AAA Enterprises and Services, Inc. ) PLAINTIFFS ) V. ) NOTICE OF APPEAL ROBIN STEIN, BONNIE BLAIR, ) RICHARD DIONNE, ELIZABETH ) DEBSKI, AND REBECCA CURRAN ) as they are Members of the ) CITY OF SALEM, ) ZONING BOARD OF APPEALS, ) DEFENDANTS 1 TO: City Clerk Salem City Hall 93 Washington Street Salem, MA 01970 In accordance with M.G.L. C 40A, §17, please be advised that the above-captioned action has been filed on November 24, 2008, in the Land Court Department of the Trial Court, Essex Division, appealing the decision of the Zoning Board of Appeals of the City of Salem to deny a Special Permit to AAA Enterprises and Services, Inc. regarding property at 15 Robinson Road, Salem,MA 01970. A copy of the Complaint is attached hereto. William R. DiMento BBO #125040 DiMento &DiMento 25 Pitman Road Swampscott, MA 01907 781-598-2500 Date: November 24, 2008 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Goren DEPARTMENT OF ENVIRONMENTAL PROTECTION In the matter of- ) A & H Auto Exchange, Inc. ) File No.- ACOP-NE-05-9015-2467AMEND1 FMF No.: 383755 c FIRST AMENDMENT TO ADMINISTRATIVE CONSENT ORDER WITH PENALTY 2008 AND NOTICE OF NONCOMPLIANCE I. THE PARTIES Waw `r y iEG�ON u 1. The Department of Environmental Protection ("Department"-or"MassDEP") is a duly constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, § 7. The Department maintains its principal office at One Winter Street, Boston, Massachusetts 02108, and its Northeast Regional Office at 205B Lowell Street, Wilmington, MA, 01887. 2. A & H Auto Exchange, Inc. ("A&H") is a Massachusetts corporation duly organized under the laws of the Commonwealth of Massachusetts with its principal offices and mailing address located at 15 Robinson Road, Salem, MA 01970. II. STATEMENT OF FACTS AND LAW 3. On November 10, 2005, A&H and the Department executed an Administrative Consent Order [With Penalty] ("ACOP"), identified by File No: ACOP-NE-05-9015-2467,pursuant to the Department's authority under M.G.L. c. 21A, § 16 and the Administrative Penalty Regulations at 310 CMR 5.00. 4. In conformance with paragraph number 32 of the ACOP, the parties agree to modify and amend the ACOP by replacing paragraph number 17, sub-paragraph vi. in its entirety with the following: VL Stormwater best management practices (BMPs) shall be constructed according to the following plans,specifications, and conditions. a. Permit Plans for 15 Robinson Road, 4 sheets (PSI-PS4), dated February 5, 2007, by Hancock Associates for SP Engineering, Inc., stamped by Valack Talacko,PE. b. Modifications to the Detention Pond Outfall incorporating the use of a weir by SP Engineering,Inc., dated October 14, 2007. C. Revised Hydrologic Calculations by SP Engineering, Inc., dated October 12, 2007. In the Matter of: A&H Auto Exchange,Inc. ACOP-NE-05-9015-2467AMENDI Page 2 d. All construction shall be completed no later than one year from the date of execution of this document. ' e. Construction of the Stormwater BMPs shall be supervised by a Professional Engineer who shall be on-site during construction. f. A pre-construction meeting shall be held on the site to discuss the construction details and methodol iM with the Department, Conservation Commission, the property owners, and their engineering consultants in attendance. g. The Department and the Conservation Commission shall be notified two weeks prior to the commencement of construction. h. No later than one month after construction is over, the supervising engineer shall certify that the Stormwater BMPs were constructed according to the plans specified herein through the submittal of a written report to MassDEP copied to the Salem Conservation Commission. i. The Stormwater BMPs shall be monitored for a six-month period following the completion of construction to verify the proper operation of the Stormwater BMPs and correct any deficiencies in the operation of the BMPs. A final report by the consulting engineer shall be submitted to the Department and the Conservation Commission at the end of the six-month monitoring period describing the operation of the Stormwater System, any deficiencies observed, and corrective actions taken. j. The operation and maintenance of the Stormwater BMPs shall be the responsibility of the property owner and shall be performed in conformance with the Department's Stormwater Policy.A revised maintenance schedule and cleaning plan for the detention pond shall be submitted to the Department prior to the commencement of construction taking into account the lined impermeable bottom of the basin. Records shall be kept documenting the BMP maintenance and shall be available for examination by the Department and the Conservation Commission. Except as otherwise provided, all notices, written submittals and other communications required to be submitted to MassDEP by this sub paragraph shall be directed to: Gary Bogue Wetland& Waterways Program Department of Environmental Protection Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 Such notices, written submittals and other communications shall be considered delivered upon receipt by the Department. 5. The undersigned certify that they are fully authorized to enter into the terms and conditions of this Amendment to the ACOP and to legally bind the party on whose behalf they are signing this Amendment. In the Matter of: A&H Auto Exchange,Inc. ACOP-NE-05-9015-2467AMEND1 Page 3 6. This Amendment shall become effective on the date that it is executed by the Department.. Consented To: AA&&H Auto Exchange, Michael Ferris, President 15 Robinson Road Salem, MA `019,7700 Date: Issued By: DEPART) ))ENT OF ENVIRONMENTAL PROTECTION By: Richard Chalpin, e ional Directo Department of En Mronmental Protection Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 Date: ��12.¢ ��k 1 / WNUV. 30. 200]U 9: 04AMr1-1 ABLITT & CHARITON rnA nV, N0. 01� l SrTTLEMENT AGREEMENT This Settlement Agreement entered into this day of March, 2007) by and among, Frederick Flutchitison, an individual residing at 1S Robinson Road, Salem, MA and as Trustee of Fifteen Robinson Road Realty Trust("Hutchinson"); Frederick Flutchinson, Trustee Of Mountain Realty frust, with a principal place of business at 15 Robinson Road, Salem, MA("Mountain Realty Trust"); A& H Auto Exchange, Inc., a Massachusetts corporation wi th a principal place of business at 15 Robinson Road, Sulent, MA ("A &IT'); and AAA Enterprises & Services, Inc. ("AAA"), a Massachusetts corporation with a principal place ofbusiness at 15 Robinson Road, Salem,MA, to be collectively referred to as (`'I,-Iuteltinson Parties"); and Dana Dir isio and David DiLisio. Trustees of JD & D Realty Trust, with aprincipal place of business at 110-114 Swampscott Road, Salem, NM, to be collectively referred to as ("DiLisho Parties). WI -:REAS, the parties to this ,Settlement Agreement all have interests in and to the real estate as shown on the sketch("Sketch")prepared by Charles I�aia attached ,i hereto and incorporated herein, as follows: A. Frederick Hutchinson, is the Trustee of Fifteen Robinson Road.Realty Trust, tinder a Declaration of Trust date d October 8, 2003 and filed with the Land Registration Office of the Essex South District Registry of Deeds, which owns the real estate shown on the Sketch as "Right of Way A.K.A. Robinson Road" by two deeds (1)Cyatlua Lee McArdle, et als to Frederick I3arc22inson, Trustee of fifteen Robinson Road Realty Trust, sled witli the Land Registration Office of said Registry as Docuanent No, 455011 and (2) Muriel B. Little to.Frcdcrick Rutchitason, Tntstee of 30. 200]" 9: 04AMW." ABLITT & CHARITON " ""' N0. 075 P. 11..., Fifteen Robinson Road Realty Trust, lilea with the Land Registration Office of said Registry as Document No. 455012, both as noted on Cerpficata of Title No. 78516; B. Frederick FIutchinson is Trustee of Mountain Realty Trust, uu.der a Declaration of Trust dated Juno 7, 1984 and recorded with said Registry in Book 7428, Page 95, as amended, and is the owner of the real estate shown as land of"Mountain Realty Trust" on the Sketch, by deed dated June 7, 1984 cwd recorded with said Registry in Book 7=428, Page 100; C. Dana DiLisio and David DiLisio are Trustees of the D & D Realty Trust, wider a Declaration of Trust dated January 16, 1997 and recorded with said Registry in Book 13936,Paco 247, aild is the owner of the real estate Shown as Lot 1 and Parcel A on the Sketch, by deed recorded with said Regls4y in Book 13936,Page 253 and the Release Deed dated July 26, 2006 and recorded wiih said Registry in Book 25978, page .398. WI-MREAS, A &1i operates a salvage yard at 15 Robinson Road and intends to catty out other related commercial operations therein the future; O WHEREAS, AAA operates various construction and cgWpmujt related businesses at 15 Robinson Road; WREREAS, D &D operates a mirdature golf course and related activities at 110- 114 Swampscott Road and anticipates future development and commercial operations at its real e8twe; uuv, jU. 2UU?., 9: 04AMri ABLITT & CHARITON tP9X W. N0. 075 P. 12u° WHEREAS, each party acknowledges that the others have easement rights is and tto"Robinson Road, and intend that this Settlement Agreement will further set out those rights; WIHERLAS, thearrties have been in liti� P ption involving portions of the land ishown on the Sketch, determivation of rights in Robinson Road and appeals of decisions of ragularory authorities involving the parties and they intend that this Settlement Agreement will resolve the claims and issues in the various lawsttits. The parties are engaged in the following lawsuits. A. DiiLjyo v. bIutclvn_ _gon et als, Land Court No. 06 MISC. 334962• B. �Tutchin�on et Als v,FQMenQA, et als,Land Court MISC. No. 240049; C. DiLisio v. Department of L•nviT 'rom_ entalYfoteetion; and WRBREAS,the parties intend to set out their desire to exist and operate in harmony without interference from the others as long as there s a reasonable use of their tandird. IN CONSLDERATTON OF,the mutual promises contained herein and other good valuable consideration, the parties hereby agree as follows: 1. "lire parties, through their respective counsel, shall prepare, execute and file a Stipulation of Dismissal in Hggbhlaon. et als v. EmmertgD et 2ls, Land Court M1SC. No. 240049, substantially in the form attached hereto as Exhibit A. . 21 The DiLisio ,Paries shall voluntarily dismiss' il.isio v. Deponent off E11V7tenmental Protection;however, they do not have the ability to disiniss the appeal of the abutters, Carmine and Angelo Mongiello. 1 1 " -""`• JV• LVU!". y: p7HIVl"' AbLI I I & CHARITON FAX N0, N0. 075 P. 1305 3• Tile Hutchinson Parties, and their successors anal ass.i ,ns, Shall not oppose any 11'opOSed future development of D & D's land (Lot 1 and Parcel A on the Sketch), unless in their objective and good faith•judgment, such develo men p t would have a Materially adverse impact on the land oFthe Hutchinson Parties or a business which they Operate. Specifically, the DiLisio Farcies intend to add a go Dart track on the veloped unde Portion of their land, but shall rake all reasonable me,sures to iuinimize sotuld and other environmental impacts. The DiLisio parries also plan to Seel: Land Court registration for their two properties. f 4. D&D, and their successors and assigns, shall not oppose any proposed future development of the land of Mountain Realty Trust and Robinson Road as shown on the Sketch unless in their objective and good faith,judgment,such development would have a materially adverse,inp�t on the DiLisio P&rties' land or the bminess which they operate, Specific ally, ri>at=ds on creating and operating a roelc crushing and loam, Sifting business on Mountain Realty Trust's land They shall take all . reasonable measures to minimize sound and other enviroutneatal impacts. The DiLisio ;V Parties aclmowledge that large trucks and other oversized velvcles 1130 Robinson Road to access Mountain Realty Trast's land, ,Ile FIutch nson Parties shall false all reasonable precautions to minimize any impact on D & D' �� D's operations because of such me of Robinson Road. 5• 17te Parties shall control access to Robinson Road, specifically, to prevent vandalism and illegal dumping, subject to the rights of others, if any. Reference should be made to the permanent iniLInction in biLi io v. llutc lnson_ at als, Land Court No, 06 MISC. 334962. 7 : v7NMI ADLI I I GRAM IUN I,,, nv, N0. 075 P. 14"" I I 6• DiLisio Parties shall remove the American flap.now existing 7tear.4 & ITS sign on Robinson Road and shall not place any other object of whatever nature that has the effect of obscuring any sign in approximately The same locatio nand of approximately the same or smaller size. 7• This Agreeivent shall remain confidential solely among the parties to it and any breach of this requirement shall be enforceable in equity in a court of competent jurisdiction, 8 This Agreement shall be binding on the heirs, successors and assigns of the patties.and shall be construed acid enforced according to the laws of the CO=Mo11Wea1th Of Massachusetts. IN WITNESS Wl-IiRROF the parties hereto set their hands and seals on the date above vid is Witness: drvidually d as 1'rus e Dana DiLisio, dividually Witness and as Trustee Frederick 331ttobinson, Individually and as Trustee Of Fifteen Robinson Road Realty T st .d Mountain Realty Pr d . ck t Wim son [Signa a Pal; ontinuedj ��*� � �( SNO/lp liWSU330�p Sy.SI6103b 3Nt Jd (��/ 74B3b Qvp S))AY 3xt x1/M JSNVOCWys '1�„ N/UBUvd3M/SVA xpjd SINt tYNf tf/lb3J/ 00/ OB 09 DO Oi B 'S9CM'NNA] t33d15 S/M39 09 JN/vivy ONC SNOSdD'b 9002 L/d3901J0 ,Ob•./."377JS ' 1S3Y[.c17v3N o B 0,'yOj 03dCd3Nd S113S�HJ7SSd{v 'GY37VS oN[/7&o Nb'7d <07 90049/4Non 3No rodod 01 43N/Bmp� 3B q{ b 730d)d ONO 310.4 ob llo�sd, s l IL�.►�d9 e 0 re AQ< � I 91 'd SLO 'ON NOilfflD 8 11I18V WVSO 6 1007, 0E nnN ` C c S 1 pnmA w.�x :3 x3<awbw��" Qv p,^$plZe p N�p epN\ S qA p^apy Nff l� O j 2 i 0 q4 10 ioom n � m e a n � o SNk�N tl ova: vv�"ue v.d',Sol p � y�ra dY itSS r op Atna yap � \S. � � Z• em um.. oamT �/� NOV. 30. 2007 9: 04AM ABLITT & CHARITON N0, 015 P, 7 i COMMONWEALTH OF MASSACHUSETTS Essex, ss. 97MISC Case No. 240049 FREDERICK HUTCHINSON and DENNIS WILLIAM COLBERT, Trustees of MOUNTAIN REALTY TRUST, Plaintiffs, Vs. DONALD S. EMMERTON, DANA DILISIO and DAVID DILISIO, Trustees of D &D RRA=-Y TRI:TST s.e. -NA-TioNAL-CrF. ,- —. Defendants. STIPULATION OF DISMISSAL Now come the parties and,pursuant to Mass. R. Civ. P. 41(a)(1)(ii), Stipulate, Consent and Agree to the dismissal of all claims in this action as follows: 1, Plaintiffs' claims are dismissed with prejudice and without costs, 2. Defendants' claims are dismissed without prejudice and without costs. 3. The parties waive all rights of appeal. am By their ttorney J a BO #424930) bl' & Charlton, P.C. ontvale Avenue Stoneham, MA 02180 Defendants IBY their Z Brian .LeClair(13130#291080) 12 Fox Run Lane Iw blehead, MA 01945 781-631-9981 Y 1 j iuw. JV- LUUI Y: U4AIA ANLilI & GHAHIIUN NO. 075 P, 8 LBrian W. LeClair Attomey-At-Uw Phone 781-631-9981 ]2 Fox Run Lane Facsimile 781-639-8032 Marblehead, MA 01945Email bwleclair@comcast.net March 30, 2007 APR 0 2 2007 1. i BY FACSIMILE 617-788-8951 By — Christy L Steider, Session Clerk Massachusetts Land Court 226 Causeway Street Boston, MA 02114 Re: Hutchinson vs. DiLisio et al. Docket No, 97 MISC 240049 Dear Ms. Steider: I am writing to advise the court that the above referenced case, scheduled for trial on Monday,has been settled. A copy of the Stipulation of Dismissal, signed by counsel for all parties, follows. The original has been mailed to the court a�r e7aV Cc: James L. Rogal, Esquire LUVI Y : U)AM "' AbLI11 GHAKI IUN rnn nU' Na. 075 P. 19 11 e COMMONWEALTH OF MASSACHUSETTS Essex, ss. MISC Case No. 334962(L1L) DANA DILISIO and DAVID DILISIO, Trustees of D & D REALTY TRUST , plaintiffs, Vs. FREDERICK RUTCHINSON, Individually and as Trustee of 15 Robinson Road Realty Trust, JANE CANIMING, Trustee of MOtnrtain Realty Trust, and A & 1=1 AUTO EXCHANGE, '1NC., Defendants. AGREEMENT FOR JUDGMENT Now come the parties and Stipulate, Consent and Agree to the entry of Judgment for the Plaintiffs and against the Defendants consistent with this Court's January 24, 2007 Order Grauting a Preliminary injunction as follows: I. The Court shall issue a decree confirming theplaint'iffs right of way as prayed for in the Complaint. 2. The Court shill issue a permanent injunction that the defendants, theirs agents, servants, employees and attorneys; and all other persons in active concert or participation with any of them who receive actual notice of the order by personal. service or otherwise: a. Shall cease and refrain from any interference with the plaintiffs' use of their right of way over Lot A or with plaintiffs access to their property at the corner of SwampseorrRoad and Robinson Road in Salem, MA which was the subject of litigation in Miseellaieous Caso Ivo. 240049 and abutting property of the plaintiffs: b. Shall not lock the gate at the intersection of Lot A and Swampscott Road, unless plaintiffs have been provided with a functioning key to the said gate, and no new or different lock shall be installed on said gate without prow ding plaintiffs with a functioning Ivey to such lock before it is installed. Plaintiffs r�.ats By their Attorney By thei Attorney Brian W, LeClair(BBOP#291080) gal (B O 4 424930) 12 Fox Run Lane bli 8c Charlton, P C. Marblehead, MA 01945 9'2 _ ontvale Avenue 781-63I-9981 toncham, MA 02180 1 "INOV. 30. 2007" 9 : 05AM ABL1TT & CHARITON rHx nu. NO. 075 P. 21 uy COMMONWEALTH OF MI ASSACHuSLTfS Essex, ss. 97MISC Case No. 240049 FKEDERICIC HUTCIIINSON and DENNIS WILLIAM COLBERT, Trustees of MOUNTAIN RZAL TY TRUST, Plaintiffs, Vs. DONALD S. EMMERTON, DANA DILISTO and DAVID DILISIO, Trustees of D &D REALTY TRUST and NATIONAL GRAND BANI{, Defendants, STIPULATION OF DISMISSAL Now come the parties and,pursuant to Mass. R. Civ. P. 41.(a)(1)(ii),Stipulate, C usent and Agree to the dismissal of all claims in this action as follows: 1. Plaintiffs' claims are dismissed with prejudice and without costs. 2. Defendants' claims are dismissed without prejudice and without costs. 3. The parti es waive all rights of appeal. n sAttorney 1.1192i.ia gal (810 #424930) harlton,P.C.Avouele MA 02180 Defendants By their Attorney Brian W. LeClair (BBO#291080) 12 Fox Run Lane. Marblehead MA 01945 781-631-9981 1 ` NUV. 3U. IUUI 9 : 04AM AELITT & CHARITON NO. 075 F. 9 Brian W. LeClair Attorney-At-Iaw Phone 781-631-9981 12 Fox Run Lane Facsimile 781139-8032 Marblehead, MA 01945 Email bwleclait(a4comcascnet March 30,2007 James L. Rogal,Esquire Ablitt& Charlton,F.C. - 92 Montvale Avenue Stoneham,MA 02180 Re:DiLisio v. Hutchinson et al, Land Court No. 06 MISC 334962 Dear Mr. Rogal: Enclosed is a copy of the fully executed agreement. Sin'Prey, Brian W. LeClair CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL - ON m . � 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 �Mlmeoo FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR Decision to Extend City of Salem Zoning Board of Appeals Petition of RIVERSIDE REALTY TRUST requesting Variances from minimum lot width,minimum lot area, rear yard setback and lot area per dwelling unit to allow the construction of two single-family homes on 24 Saunders Street, R-2 Zoning District C, � N C'3 C June 3,2010 �, c Riverside Realty Trust , .j c/o Scott M. Grover, Esq. Tinti, Quinn, Grover&Frey,P.C. i 27 Congress Street, Suite 414 » N Salem MA 01970 U; o Re: 24 Saunders Street Extension of Variances On Wednesday,May 20,2009,the Zoning Board of Appeals of the City of Salem voted in favor to approve the application of Riverside Realty Trust for Variances from minimum lot width, minimum lot area, rear yard setback and lot area per dwelling unit to allow the construction of two single-family homes in the Residential Two-Family Zoning District. A Decision dated June 8, 2010 was filed with the City of Salem Clerk's Office on June 8,2010. The Decision is valid for one year from the date of the Decision unless extended by the Board. On May 19, 2010 the Salem Zoning Board of Appeals voted unanimously to extend the Variances granted for six (6) months to June 6,2010. The Board understands Riverside Realty Trust intends to go forward with the project, though additional time is needed to begin construction because extensive environmental cleanup was required on the property. A COPY OF THIS DECISION TO EXTEND HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Robin Stein, Chair Salem Zoning Board of Appeals 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 District Registry of Deeds. 2 ED MAY U 9 2008 DEPT.OF PLANNING& COMMUNITY OFVELO°MENT Dear Board of Appeals I live at located in the Mariner Village Condominium Trust and I am opposed to the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the conununity through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this request Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I am opposed to this proposal due to the constant and continuous noise this facility will produce. Zee- Name eeName Name Al/x y 7 woe /L/a y oZOo Date Date REOEIVE® MAY 2 0 2008 DEPT. OF PLANNING Q COMMUN Ty ORTLOPMENT Dear Board of Appeals I live at 15s LJ Cl ES L-C'ne located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. /� � � Name Name Date Date Dear Board of Appeals I live at iwti%wi Ltisr.L�- located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name — —� Name 0 a Date( i Date - Dear Board of Appeals I live at Cef 241vx located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts f�i the community through noise, trash and truck traffic. An expansion of this facility Nr will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include YV ° eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at .35 Cave"' c41s l7 C" cIe located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame Name Dae'T�� Date ' Dear Board of Appeals I live at Cal/E� l { , �� Q X1'1 located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at L4 & L 1 O 'c L arj i? located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. svftj - Name me s/r�� Date Date Dear Board of Appeals y f � I live at,// �(�j1/D/S�� ( ;y j� f; located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at Zj L%CuPSL I_tip , located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ��. �� -wa��-- ✓�/1�i`t�C'�-cls Name Name Name Date Date Dear Board of Appeals I live at e L��L �'d�� <=� ��.?.� located in the Green Dolphin Village Condominium Trust and I am opposed o concerned opposed with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date z Dear Board of Appeals [ live at located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name YAme ' DatS Date Dear Board of Appeals [ live at 12- L_-6ov10s cir SA( located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name z 2 Date Date Dear Board of Appeals I live at �a ��/��is� 1 �(ZCu located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at 'Ilocated in the Green Dolphin Village Condominium 'frust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at 6or+GLtk Waq located in the Green Dolphin Village Condominium Trust and I a opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. C;ru�r �c4c V�o�mw*j z�aN�� lir 2 NameName ►�1Gt�i I , LOC�' ��lA'7 i ��' Date Dear Board of Appeals I live at 5(, 0dUu1&"3h 0'(P� � located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. IGo-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name sLOIM Date Date Dear Board of Appeals I live at Vic, ('; )pati OkS H 1 C( �_ located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name 1 Name 03 Date Date Dear Board of Appeals I live at s1 6aVeh i 6A CWc-fe located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. L Name Name Date Date Dear Board of Appeals I live at j-5coa" e' '' az' W' 'located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name 45 Zl Date Date Dear Board of Appeals I live at 1'j Lc1_ I PS E LAAjL located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name 5/ 1 / C FS 00S Date Date Dear Board of Appeals I live at �U04ti Z6"tUj located in the Green Dolphin Village Condominium Trust and I a opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name LPL Name 0,15- 0 /ZDoX Date Date Dear Board of Appeals ltil live at 00t- 4/or(14 located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. 1 'e { ame �C-7?"u/4 YC—t2N�j Name Date Date Dear Board of Appeals I live at Z ( , C'� / S ��/� `��— located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name (Ae Date Date Dear Board of Appeals I live at %� %�L �h ��J '� �� located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Named Name Date Date Dear Board of Appeals I live at ocated in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. L L2 Name Nau Date �——� Date Dear Board of Appeals I live at Zw located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming,from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart,Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at located in the Green Dolphin_ Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facilky: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at 6-3 64473W 41 V eIP6XIjF,located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame Namo`: 5 %7/ 0 lull' Date Date Dear Board of Appeals I live at _23 Clkv E tin 151+ CZ located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date �� Date Dear Board of Appeals I live at Jy I Ural L�u(�l. �,, , 11i1 located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by.dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. �Ia.CI�CCl� i c� ,CC uc Name Name Date Date Dear Board of Appeals I live at l) '- 1 i 'L. `' `1 L `- /�L L located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Date Date Dear Board of Appeals I live at o �� C��S�(15�C C�� located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and trick traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame 51 ,3108 Date Pat Dear Board of Appeals � C1,CCLE_ I live at,;-27 (,,46% D1,S11 located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise oming from this facility. N Name Dat Date Dear Board of.appeals I live at located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. V Proposed expansion of the Transfer Station: This facility already impacts t 'community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by Uo proximity to the existing sand and gravel facility. Our homes are constantly overed by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include e ht gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my 0understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at y l u t/"M fl i S 2C (C— located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station:. This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame Name Date Date E, •-b Dear Board of Appeals �J L I live at located in the Green Dolphin A Village Condominium Trust and I am opgsed or concerned with the following facilities proposed along Swampscott Roa I%ese facilities would adversely ,1 impact my property by the nature of their operations. Proposed expansion of the Transfer Station: Ibis facility already impacts the community through noise,trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 pm. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name ame S 0Y Date Date Dear Board of Appeals I live at located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trasWand truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position.. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. c 6/" Name Name Date Date Dear Board of Appeals i I live atc%ase L cc located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust corning from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. game ?te Date Dear Board of Appeals I live at - located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. AQiLE41t Losl. Name Name a ') Date Date Dear Board of Appeals I live at ,��t(,� J located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Na e Name Date . Date Dear Board of Appeals I live at LA I Cgoead<sh C MUQ__ located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at _-) ��c�I '. �ccz_l_C: c-.e, located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at J ��^!/ice %' located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week'as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name j ��/oH / % ail P� Name Date �/� Date Dear Board of Appeals I live at % 3 OtG ve o d fs A C,y-c k— located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. N A,., r. r Name "G. j_2,ky Name 5 - o Date Date Dear Board of Appeals I I live at 4 . ) uel--&b ) S �4 �j/C'�� located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date Dear Board of Appeals I live at A V6 ')1)1 C iKU located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame TOScpH C . P4R , , Name c Date Date Dear Board of Appeals I live at 7!�Ciq✓e AD /45 f C W died in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. PtJM4 min s ky &-rt rhe Name Name S—o Date Date Dear Board of Appeals I live at Vernc4iISh (�IrCle- located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name 5 b cv0 IS �ce)R- Date Date Dear Board of Appeals I live at_'j �' -IrCe-�C 'L 6171tC& located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. � • ✓�r�e��/rte �:� Aw. `vO, 'Name Name ' Date Date Dear Board of,appeals I live at / D C4 k4Wif (IR«� located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name II Name Date Date Dear Board of Appeals I live at � � L q ��` L, �� L ,' .� Ce located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life p_erspective. I ask that you deny this request. -Cart Racing: It i nderstanding that this facility would include height gas powere go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name -�-off Date Date Dear Board of Appeals I live at tAD C located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. Name Name Date Date— Dear Board of Appeals I live at �� rcli�� L i.(,i) located in the Green Dolphin Village Condominium Tr st and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would have a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. --- ame� Jo aaU, 4_c4 Name 6e�yr F(sl��sv� `�� l o 5�-ZV L( Date Date Dear Board of Appeals I live at 33� � �.,._0 located in the Green Dolphin Village Condominium Trust and I am opposed or concerned with the following facilities proposed along Swampscott Road. These facilities would adversely impact my property by the nature of their operations. Proposed expansion of the Transfer Station: This facility already impacts the community through noise, trash and truck traffic. An expansion of this facility will have a significant negative impact and I request that you deny this proposal. Proposed Rock Crushing Facility: The community is already impacted by our proximity to the existing sand and gravel facility. Our homes are constantly covered by dirt and dust coming from this facility. To add another facility, directly across the street from our homes would lave a significant negative impact from a health and quality of life perspective. I ask that you deny this request. Go-Cart Racing: It is my understanding that this facility would include eight gas powered go-carts operating 7 days a week as late as 10:00 p.m. It is my understanding that the noise test was done using a single go-cart in a stationary position. I believe that this proposal warrants additional investigation including the use of electric go-carts. I am concerned with this proposal due to the potential for constant and continuous noise coming from this facility. ame Name Date Date 96 SWAMPSCOTT RD., SALEM, MA 01870 3A SUMMIT IND. PARK, PEABODY, MA 01980 800-9740400 • 978-977-9198 (FAX) SRN'a STORAGE www.tobinandsons.com • info@tobinandsons.com April 14, 2008 RECOVIED City of Salem, Board of Appeals APR 1 8 2008 Attn: Robin Stein, Chair DEPT. OF PLANNING& 120 Washington St. (3d Flr) COMMUNITY DEVELOPMENT Salem, MA 01970 RE: AAA Enterprises, 15 Robinson Rd., Salem Request for Variance re: Rock Crusher Dear Board of Appeals, ` We are writing to officially document our concerns regarding AAA Enterprises' Request for Variance to operate a rock crusher/soil processing operation. We currently own two units at 96 Swampscott Rd. (Units 2&4)and plan to also move our corporate headquarters to this facility and would have strong opposition to this proposed variance. Our corporate clients would be visiting our site often and we chose this as our company home in part because it would provide a clean, quiet and professional venue to show off to our valued customers. We recently became Military Approved to provide storage to men and women serving overseas. This was not an easy approval process, as the government is very stringent and conducts frequent periodic visits to our site to ensure that we adhere to their guidelines. We are also a leader in the field of Life Science Relocation, and therefore would be storing very expensive and sensitive medical and laboratory equipment that we believe would be adversely affected. The constant noise and contaminated conditions this operation would create would also be of great concern to us. We have invested a great deal in our venture to make 96 Swampscott Rd. our new home, and thus strongly oppose the request for this variance. Thank you for your time and consideration. Sincerely, �w Kevin . Tobin Catherine J. Tobin KCT Realty Trust www.tobinandsons.com info@tobinandsons.com L O N O. O 1 8 T A N C E A4.61YT RECEIVED BALLIRO &MONDANO APR 2 8 2008 99 SUMMER STREET,SUITE 1800 BOSTON,MASSACHUSETTS 02110 DEPT. OF PLAWNG& 617 737-8442 COMMLIN!TY DEVELOPAgENT FACSIMII.E 617 737-8443 JOSEPH J.BALURO BACK BAY ADDRESS FRANK MONDANO THREE ARLINGTON STREEr JOSEPH J.BALURo,JR. BOSTON,MA 02116 MARIA A.LtnsE — CAPE CoD ADDRESS 65 CHOLE COURT BARNsTABLE,MA 02630 April 24, 2008 Ms, Robin Stein, Chairperson 120 Washington St. Salem, MA 01970 -f o ca RE: Special Permit, 15 Robinson Road, (Ward 3) Cancellation of View Reschedule Hearing for June 1008 sitting of Board r > - w Members of the Board: I have been advised by Mr. Hutchinson that the rock crusher that is at the heart of tliis controversy is not operational. Additionally, I have been advised that the part needed to repair the machine comes from out side the United States. We will be unable to demonstrate to the satisfaction of the board the operation of the machine on May 3, 2008. It can be expected that repair could take in excess of 30 days. Please find this a request that the site view for May 3, 2008 be cancelled, and that the further bearing on the special permit be continued form the May sitting of the board to the June sitting of the board. I will advise the board when the machine is repaired and when site view can take place before the June meeting date. Thank you and I apologize for this unfortunate delay. Thank you. S' ce y yours, alliro,Jr. cc: Kenneth B. Schutzer, Esquire 13A"0'� 'L-FCuk\IL- April 14, 2008 City of Salem Zoning Board of Appeals 120 Washington Street, 3d Floor RECEIVED Salem, MA 01970 Attn: Robin Stein, Chair APR 15 2008 DEPT. OF PLANNING& Re: AAA Enterprises, 15 Robinson Road COMMUNITY DEVELOPMENT Request for Rock Crusher Variance Dear Board Members, Groom Construction moved to Salem approximately one year ago in order to set our new professional offices in a tranquil and convenient location. To date, our location has met and exceeded our highest of expectations. In fact we are thrilled to be in our new facility and to be part of the Salem business community. Groom currently employs approximately 100 persons, 30 of whom work full time in our offices at 96 Swampscott Road. In addition, we lease space to a dance studio that employs 5 or 6 and teaches over 300 young dance students a week. We have all come to rely on the quiet and cleanliness that our new location affords us. As I previously stated, this was paramount in our decision to relocate. We had spent over 20 years adjacent to Aggregate Industries on the Swampscott line and are fully aware of the problems that the proposed variance will cause if it is allowed to proceed. As a contractor, I have also had cause to be around Rock Crushers and soil equipment for many, many years. They are among the loudest and most disruptive pieces of equipment in the industry. Furthermore, they produce a tremendous amount of dust. This dust is then taken in by HVAC systems and causes a hazardous health condition within both interior and exterior spaces. To permanently install such equipment within close proximity to our business and to certain neighboring homes would be nothing short of devastating. I strongly urge the board to reject this application for a variance so that we may operate our business without disruption and distraction as we had intended to do when locating here. Your truly, Tom Groom 96 Swampscott Road • Salem, MA 01970 • tel: 781.592.3135 • fax: 781.593.1480 www.groomco.com uRECEIVE ED DOYLE APR 1 6 2008 DEPT. OF PLANNfNG h COMMUNITY DEVELOPMENT April 14, 2008 City of Salem, Board of Appeals Attn: Robin Stein,Chair 120 Washington Street, 3rd floor Salem, MA 01970 RE: AAA Enterprises, 15 Robinson Rd., Salem Request for Variance re: Rock Crusher Dear Board of Appeals, We are writing to document our strong opposition regarding the referenced request for variance to operate a rock crusher/soil processing operation. Doyle Sailmakers owns unit#8 at 96 Swampscott Road where we employ 40 people in the were aware of existing industry on Swampscott Road. business of sail manufacturing. When we moved our company from Marblehead to Salem we That being said there is already enough dust, noise and large trucks going up and down the road. We depend on a clean environment in which to manufacture sails. Allowing this variance would be contrary to what we were trying to achieve by moving our company to this new facility in Salem. Please reject this application for a variance. Sincerely, Robert E. Doyle Doyle Sailmakers 96 Swampscott Rd. Salem, MA 01970 Tel +978 740 5950 Fax +978 740 5959 www.doylesails.com oa / rrSs_. AJO S"4 ��. �fl Keefe SG e_�� OOVLE !� SAILMAKERS C� J r� 4 WILL JACQUELINE'S GOURMETCOOKIES •Specializing in Frozen Gourmet Cookies and Scones phone 978-744-8600•fax 978-744-8622 96 Swampscott Road, Unit 1, Salem MA 01970-1730 • www.jacquelinesbakery.com TO: City of Salem Zoning Board of Appeals From: Jack O'Neil, Controller Regarding: Petition of AAA Enterprises & Services on behalf of Mountain Realty Trust requesting a Special Permit to add a nonconforming use to allow for the receipt and processing of stone,soil, and loam at 15 Robinson Road (BPD). OUiection: Jacqueline's Wholesale Bakery, Inc. is a manufacturer of frozen cookie and scone dough, Cleanliness in the food manufacturing business is a necessity. We object to the proposed nonconforming use of 15 Robinson Road due to the permeation of dust taken into our production facility by the HVAC systems. Citp of *alrm, jflag!6achugett!5 a � Offirt of tilt 6tp Council as l itt V)all COUNCILLORS-AT-LARGE MICHAEL SOSNOWSKI WARD COUNCILLORS PRESIDENT 2008 2008 THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K. MCCARTHY JOAN B.LOVELYITY CLEp�� MICHAEL SOSNOWSKI STEVEN A.PINTO �CtOber 1 S, 200$ JEAN M. PELLETIER ARTHUR C.SARGENT III JERRY L. RYAN Ms. Robin 1. Stein, Chair MATTHEW A.VENO Salem Zoning Board of Agpeal PAUL C PREVEY 120 Washington Street, 3` Floor JOSEPH A.O KEEFE. SR. SALEM MA 01970-3523 Re: Petition of AAA ENTERPRISES & SERVICES on behalf of MOUNTAIN REALTY TRUST requesting a Special Permit to add a non conforming use to allow for the receipt and processing of stone,soil,and at 15 ROBINSON ROAD(BPD) Members of the Board: 1 am writing in support of the above captioned petition before the Board. On Saturday October 4,2008 @ I OAM I witnessed a demonstration, by the petitioners agents, of a portable rock crushing machine operation at the above property. This property is located in a Business Park Development. Also attending this site visit were several abutters and Ward 3 Councillor Jean P. Pelletier. During the sixty(60)minute operation of this portable rock crushing machine I stood approximately seventy five(75)linear feet from this unit. I noted an excavating machine filling an intake with large rocks probably about twenty(20)inches in diameter and soil which was subsequently reduced to smaller rocks and gravel. I estimate the portable rock crushing machine which was on pneumatic tires measured about eighteen(18)feet wide, by about fifty(50)feet long and about eighteen (18) feet high. During the test I noted no ground vibration, loud or excessive noise or visible fugitive air or dust emissions. The Board is aware of a large permanent rock crushing operation at the abutting Aggregate Industry Inc. operation which has been in the quarrying and mining of rock business over a hundred years. I believe a reasonable period of hours of operation and days of the week could be proscribed by the Board for this operation. 41 request the Board's favorable action of this petition with reasonable conditions. ysephRespectfully submin . O'Keef Sr. Councillor Ward 7 Registered Professional Engineer SALEM CITY HALL • 93 WASHINGTON STREET • SALEM. MA 01970-3592 • WWW.SALEM.COM 10/15/2008 15:20 FAX 9787400495 THERMAL CIRCUITS 0001 ��RMP& specializing in the design.heaters. niol and pYOduCtlOn 01 Su14ftC,k h41at@r5, air heaters. nl0lded heatzrs, CIRCUITS heater assemblies.and infrared panel erniners October 15, 2008 City of Salem, City Hall Zoning Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Petition of AAA Enterprises $ Services on behalf of Mountain Reality Trust requesting a special permit to add a nonconforming use to allow for the receipt and processing of stone, soil and loam at 15 Robinson Road (BPD) To the Board, Due to other commitments,we are not able to attend tonight's meeting in person. We ask that the following be read into your minutes and considered in your deliberations. Acting on our own behalf, as abutters to the land on which the operation will be based, we wish to inform the board of our reservations concerning this proposed activity. It is not our intent to impede or restrict the applicant from pursuing this application. We believe in the right of property owners to utilize their property in any lawful enterprise that does not infringe on the rights of others. We are concerned, in this case, that the nature of the operation proposed for this location will generate noise and air borne particulates that under certain conditions are considered pollutants and will interfere with the free use of our property. We request that the board postpone any decision on this matter until the applicant can demonstrate that the proposed operation has all of the engineering controls and systems in place that are necessary to properly manage the operation within Federal guide lines. If it is the will of the board to approve this application then we ask that wording to the effect that obtaining and maintaining a Federal Air quality permit be required as part of the approval. That failure to obtain and or maintain the permit will void the nonconforming use and that the land use would revert back to its present status. Regards, For Thermal Circuits Inc. f-t�-t Timothy H. Do ett Hager Materials and Human Resources _ 15011 � Nc\ • _ m G d, •aan°: oa Therh+:31 r1WCu1tx Inc. One Technology ecat. TOChnnIC$y Park Salem, Massathusatts 019707000 PHONE 600.S09.HEAT(4328) EMAIL we5 www.tnermarcircutts.enm FAU 879.741.3420 Zonin2 Board Proeect Status Sheet Project Address: Applicant: Date of Application: Date Opened at Meeting: Date of Continued Meetings: Extension Form Signed? o Yes, date: EiNo n/a Legal Notice Sent: Publication Dates: Abutters List Requested: Abutters Notice Sent: Notice of Decision Sent: Decision Filed: Appeal Period Over: MH ASSESSORS: Rim 66.7 MAP 6, LOT 13 ZONING: °BPD"- BUSINESS PARK DEVELOMENT i ' 1 REFERENCES: DEED BOOK 7428, PAGE 105 PLAN BOOK 41 , PLAN 15 L.L.C. 3635-D NOTES: NORTH SHORE TENNIS a SQUASH I. THIS PLAN IS NOT TO BE CONSIDERED CLUB, INC. AN ALTA/ACSM LAND TITLE SURVEY. (LLC 11802-0 ) I 2. OWNERSHIP OF PARCEL SHOWN AS (PLAN BOOK 313, PLAN 74) N/F DONALD S. EMMERTON IS SUBJECT TO LAND COURT CASE N9 240049 WHICH IS PENDING. SAID CASE IS AN ACTION TO QUIET TITLE. RECORD OWNER: DBD REALTY TRUST MOUNTAIN REALTY TRUST 15 ROBINSON ROAD w ( PLAN BOOK 313, PLAN 74) SALEM, MA 01970 LOT 1 MH R m 54.12 { n � 0 Trailers I Test Pit 12° Car Storage Cam Water LEGEND TP-101 .�o?� Ei° Water Main BM 48.8 STONE WALL Fi l 1 Force �S P��, 1 Main M H BM o\ Large P�' O� �O / 4r i — Rim47.81 Stone ECONDO N0 Pile OF,�`g� Hyd 28" Concrete Culvert Top of pipe 45.44 J MANUFACTURING INC. r — — ( LLC 11802 -42 ) O Inv43.11 8 Water SD i TP-104 �0� Rim47.57 p 5 TP-103 D \oma yQati I Fill Storage Stone _ I Crusher Rim oto�e `y�c 44.08- , ' 0 II 15 ROBINSON ROAD REALTY TRUST Q FREDERICK HUTCHINSON, TRUSTEE ' "ROBINSON ROAD" ( LLC 3635 -D) 0 E0 103 � LEHousE � — - � � / \O SGA / Stone Culvert Inv. 67.41 97 New Oil and Lubricants a a O Top 71.58 Storage � 1' �. .�- � ig M 94 91 88 E Wel Ve o I citit Barrier e Inv 72.38 Existing-Sfrea �( / MW-1 I 9591 - �Y Proposed SDR 35 I /O - - - _ �, �o% 71D\s AQ 24�� Storm Drain 3Septic 2 tory wood ands 8 Sxs-em Ns I5 stone dwelling � � Foreboy f �otb `� O' 5CL'- —� eNZ° oe Batteries \ CD Co Crete C50. 100____Z: �� r / INyS�-yam 1 La ) I Car Stripping/ �/ \ems 3� 6eCARMINE BI ANGELO MONGIELLO Hazardous Waste and 2 Berm Sno '( � Spill Control Gearire /r`t � D ( LLC 3635- D ) r ` Goss/- / O 1 \Pile 4 'I o post` ^ — - `` 6� �/St` e�tn Waste Oil and Fluilds `06 0 o rail fence \ ` ._� 9tteom �`� Containment Area J� E quipment \/ - O&Y \' / ` cV - 0 0 M e to l �f o� o Storage f ' / P\ 00000 Roo I ` it 0 N I •• _ Proposed Bar Screen j 111 Paddock x �' Wetlands BM Infiltrator O to o LinerOTP-102 rT l 2 of 40� I ' Gal I I I / I /TRANSECT REV. DATE DESCRIPTION BY 1' Under I r Pro posed Stream Re lipcation A & H Auto Exchange _ _ Storage 1 p9— - _ - I to � i �Foreba _ _ tea, �o ' C�' ( 1 / 15 Robinson Road, Salem ; MA — _ _ _ eo°1 2' Berm O0o POND N21 em op /l 1 7--�30'x 130' Bottom 78.16 SITE PLAN FOR N01 -� 011 Separator Bottom MW-4 • Existing Manhole AGGREGATE INDUSTRIES 96.36 93.55 Overflow ( LLC 7159-8 ) 80.20 In 78.42 p Bridge ENGINEERING • TECHNOLOGY Dry Stream, SCALE: I'= 50 29 Congress Street Salem, MA 01970 • Telephone: (617)745-4569 Proposed POND Overflow Nature Path DESIGN BY. DRAWN BY CHECKED BY DATE PROJECT N0. SHEET N0. P MP ETA Apr.'05 I of 3 Water 79.51 0 50 100 200 B �: .c,•!au'v ^tr'Ih±twis4.w.,,',pW?MM"n.n'�.'r-';�yw�ua^.,...a,erMl�r?4�•,RlbT450.+"'YIe'A,.'ny�..:t6r