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0 LEGGS HILL ROAD - YMCA - BUILDING INSPECTION ��l �� Certificate Number: B-17-270 Permit Number: B-17-270 Commonwealth of Massachusetts City of Salem This is to Certify that the Multi-Use Building located at ........................................................................ .......... .. ................................................................. Building Type 50 LEGGS HILL ROAD...................................................................... in the .....................................City_of Salem Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 1st Floor and lobby renovations GROOM CONSTRUCTION CO. INC. This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not Applicabte................... . unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, y Jul 25 2017 Certificate Number: B-17-270 Permit Number: B-17-270 Commonwealth of Massachusetts City of Salem This is to Certify that theMulti-Use Building............................................................ located at Building Type 50 LEGGS HILL ROAD...................................................................... in the .....................................City of Salem ................................................. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 1st Floor and lobby renovations GROOM CONSTRUCTION CO. INC. This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not Applicable............_................ mess sooner suspended or revoked. E)Viration Date Issued on: Tuesday, July 25, 2017 'k Certificate Number: B-17-270 Permit Number: B-17-270 Commonwealth of Massachusetts City of Salem This is to Certify that the ..................................................................Devel Land Building.......................................................... located at Building Type 50 LEGS HILL ROAD...................................................................... in the .....................................City of Salem............................................... ............................................................................................................................ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Ist floor Buildout and rennovations GROOM CONSTRUCTION CO. INC. This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not Applicable unless sooner suspended or revoked. E)viration Dale ��//✓/ ••—`tin/ Issued on: Tuesday, July 25, 2017 V Commonwealth of Massachusetts � 3 City of Salem a 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5645 Return card to Building Division for Certificate of Occupancy Permit No. 8-17-270 PERMIT TO BUILD FEE PAID: $3,498.00 DATE ISSUED: 4/14/2017 This certifies that YMCA OF THE NORTH SHORE,INC has permission to erect, alter, or demolish a building_ .50 LEGGS HILLROADMap/Lot: 300096-0 as follows: Other Building Permit MISC. DEMOLITION. FLOOR INFILL. STUD & DRYWALL FOR NEW OFFICE LAYOUT. INSTALL NEW BATHROOM. NEW MILLWORK AT RECEPTION. Contractor Name: ALLEN S. FAULKNER DBA: GROOM CONSTRUCTION t Contractor License No: CS-065440 f 4/14/2017 Building Official �f Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. i All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work unfit the completion of the same. t The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. HIC#: 104999 'Persons contracting with unregistered contractors do not have access to the guaranty fund'(as set forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. M�➢N➢Ip,�y Commonwealth of Massachusetts ' Citv of Salem � m 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595x5641 Return Card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT PERMIT TO BE POSTED IN THE WINDOW Excavation Footing INSPECTION RECORD Foundation ireming Af Z ' Commonw'i lth of Massachusetts U& City of Salem MBL In accordance with Massachusetts State Building Code 780 CMR, Section 110.7, Table 110 CERTIFICATE OF INSPECTION is issued to. LVO YMCA business name: I Certify that I have inspected the I-4—Day-Cared known as Early Learning Center-YMCA of the North Shore located at:40 LEGGS HILL ROAD in the City of Salem. The Means of Egress are Sufficient for the Following Number of Persons: By STORY Story Capicity Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location A-3: Gym. 246 list A.3: Squash Court 32 2nd E: Educational 180 Ods, TIC-17-38 6/6/2017 11/30/2018 Certificate Number Date Certificate Issued Date Certificate Expires Building Official A COPY OF THIS CERTIFICATE MUST BE POSTED IN CLEAR VIEW NEAR ALL ENTRANCES " inc- April 13, 2017 Gerald MacKillop Executive Director Lynch Van Otterloo YMCA Marblehead, MA Gerald, Below is the letter outlining the use classification for the existing facility. Excerpt from 2015 International Building Code: 308.6 Use Group 1-4, day care facilities r„ Institutional Group 1-4 occupancy shall include buildings and structures occupied by more than five persons of any age who receive "custodial care"forfewer than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage or adoption, and in a place other than the home of the J. person cared for, This group shall include, but not be limited to, the following: Adult Day care Child Day Care The current facility is approved for the above use classification and complies with the 2102 International Building Code as an 1-4(Institutional 4) use. If you have any questions, please feel free to call me at 978-744-0208. Sincerely, John Seger, Principal Seger Architects, Inc. Cc: Dan Ricciarelli, file; JASA IU DIZA N SQt IRU, SA,i I-M, 35:1 01070 Yi1C NP' 9,5-7�7-6Z'15 10HNA$F(;1'1 Mft S'I.G fF.R h U 1111B C I'S.COM Certificate No: 460-07 Building Permit No.: 460-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the Recreation & Education Bldg located at ------------------ - - ------------------------- Dwelling Type 0000 LEGGS HILL ROAD in the CITY OF SALEM ------------------------------ ----- -- - - ----------------------------------------------- Address TowrVCity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY PERMANENT OCCUPANCY FOR NEW YMCA(Not Including Pool) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires .................................... _ unless sooner suspended or rev --- Expiration Date Issued On: Tue Dec 16, 2008 - - ----------------------- -- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ---------------------------------------------------_________.......... ML') ��S111A1� �j I o y t� < Certificate No: 460-07 Building Permit No.: 460-07 Commonwealth of Massachusetts City of Salem r' Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0000 LEGGS HILL ROAD in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY TEMP. OCCUPANCY PERMIT FOR THE NEW YMCA This permit is granted in conformity with the Statutes and orclinances relating thereto, and expires Thursday Jan 8, 2009 unless Sooner suspended or revoked. Expiration Date Issued On: Mon Dec 8,2008 Geoi 2008 Des Lauriers Municipal Solutions,Inc. CITY OF SALEM ROUTING SLIP NEW CONSTRUCTION - CEnMCATE OF OCCUPANCY 10-77 - 06 LOCATION: LC-C (s �} L � DATE APPLICANT: X-2tk C ASSESSORS ATE: /&Z4/��8 FRAM[I= f—� (93 Washington S CITY CLERY DATE: CHERYL LAPD (93 Washingtm Street) PUHLICE SERVICES- DATE: L (IBJ Washington Street)4°Fl SYN +IA WATER GLi� " ' ATE W 14 I to U (120 Washin:7DRAU— (5 Strew)4d Floor —/�j �& �,,W 6 Fc� 4k CR OECP SUPERVISOR / DATE: B Jeff n nue) /� /�//�� PLANNING Aid )f — ATE:—/2U !/ (12t, tVashington Street 3" loot CONSERVATION COMMISSION p I p od! K Fv�•(.c ev `t7Aw DATE: I L g � l (120 Washingwn Street)3~Floor ELECTRICAL JOHN GIARDI DATE: 2 ©$ (48 Lafayette S FIRE ON DATE: ERIN GRIFFIN (29 Fort Avenue) 4 HEALTH . JOANNE SCO DATE: (120 Washington Street)4'h Floor SANGT 1>1014N(3 BUILDING THOMAS ST.PIERRE DATE: (120 Washington Street)Yd Floor IY . '.i.. - � . . .'f a .. `� 1 dl�, 4 ��(3� �IC�I�.V�1G l.�`R��> r t moi. 0000 LEGGS HILL ROAD 460-07 �(31S#: 17441 COMMONWEALTH OF MASSACHUSETTS Map 30 Block: CITY OF SALEM Lot: 0083 Category: New Building Permit#, 46007 - - BUILDING ING PERMIT Project# JS-2007-000672 -` Est. Cost: $10,000,000.00 Fee Charged $114,535.70 Balance Due $.00 PERMISSION IS HEREBY GRANTED TO: Const_ Class: Contractor: License: Expires Use Group: ,. Groom Construction CONSTRUCTIO SUPERVISOR-060887 Lot Size(sq. ft.): 804988.8 Owner: YMCA OF THE NORTH SHORE Zoning: , R1 Units Gained: Applicant: Groom Construction Units Lost: AT. 0000 LEGGS HILL ROAD Dig Safe#: ISSUED ON: 29-Nov-2006 AMENDED ON: EXPIRES ON: 29-May-2007 TO PERFORM THE FOLLOWING WORK. YMCA/OFFICES/GYM/POOL/FITNESS AREA/SITE IMPROVEMENTS POST THIS CARD SO IT IS VISIBLE FROM THE STREET _ Electric Gas Plumbing D-• Building Underground: ./ Underground: Underground:oe � � Excavation: Service:6/� 0 �A�J Meter: �C'�i,Aj Footings: Rough: ,,, ,7/fCje Rough: �I/ (�+ Rough:0ALl , clJ, � Foundation: Final://-.a V-b.K Final: \ Final:t67A//-OZ r -0 ? Rough Frame:ojT S`22.0,6 OC61 0,N Ld��O L. GYl7i �'�/ to• co �J __ Fireplace/Chinmey: D.P.W. Fire Health Insolation: � Meter. • 0�LTw14 r a• Fin:tl:G{, `000 (House# mok >1 t,., IVy` '1'rca::ury: Water: ar I h Sewer. y THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON V IA& F ITS T RULES AND REGULATIONS. Signator Fee Type: Receipt No: Date Paid: Check No: -��Amount: Art 00 29-Nov-06 022630 5114,535.70 �Specli0ll is r up 11100" letion Of Work, please Op- ll ERTIFILEOCCUl'z 7� 3E15 Issued. it N:City oding Depi GeoTQ13®2006 Des Lauriers Municipal Solutions,Inc. /O 'jJ.- 0 7 V�•'gPiC Gils.v✓/J /NJj-"GTLT/o� /�l/J-+.✓ Loiy'ily/T'� 7a -1G- a7 G��/rtiv2G'.t✓ ,....� i•vs�crL��v.✓.'�v'✓�f'' ,'�'�y oZ%"'O S/ /r0./ C°�/Lf %J-iJ/7/N L-�?w L� L.Gi'/��t?,vi,✓C C..-LCN�y . .�//.2j fv Co e.�i% /`�Le er..L /%7'NC"r.1J� /�iC'l�`jN� �1i9✓. JJ y �� S/ �� /=Y.P �Ce d�/� fjs/Sim � • 41 cs n 9L+} •r L vo Z--V Y� � �� YSQYE AO CITY OF SALEM BUILDING PERMIT LEGGS HILL ROAD 136-09 cIS_.#: 7441 COMMONWEALTH OF MASSACHUSETTS Map: 30 Block: CITY OF SALEM Lot: 0083 Category: TENANT FIT-OUT Permit# 136-09 BUILDING PERMIT Project# JS-2009-000146 0 Est. Cost`. $190,000.00 Q Fee Charged: $2,095.00 G Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: R C GRIFFIN Lot Size(sq. ft.): 777981.6 . R1 _ Owner: YMCA OF THE NORTH SHORE,INC Zoning:. Units Gained: —Applicant: YMCA OF THE NORTH SHORE,INC Units Lost: AT: LEGGS HILL ROAD Dig Safe If: ISSUED ON: 07-Auo 2008 AMENDED ON: EXPIRES ON: 07-Feb-2009 TO PERFORM THE FOLLOWING WORK: FIRST FLOOR TENANT FIT OUT (SHAUGHNESSY REHAB HOSPITAL) POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chinmey: D.P.W. Fire Health Insulation: Meter. Oil: Final House# Smoke: Water: Alarm: Assessor Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOL 'II OF ANY ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Dale Paid: Check No: Amount: Nm! REC-2009-000177 07-Aum 08 30405 $2,095.0/0 /gy . m' Orz{ c6/,v/h- t,//l�vv>73tnG�� 6/Vr�V TV ow.vSn_ C J J%'--F r1,616 /ga'C', � Geo 1'MS©2008 Des Lauriers Municipal Solutions,Inc. _ a VSQVE AO wA +� �gANl1L{ \��1 CITY OF SALEM BUILDING PERMIT Certificate No: Building Permit No.: 136-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the REHAB CLINIC located at Dwelling Type LEGGS HILL ROAD in the CITY OF SALEM ---------------------------------------------------------------------- -------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Interior tenant work for Shaugnessy Kaplan Rehab This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date "L Issued On: Tue Dec 9,2008 ------------------------- ---------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. -----------------------------------------""-""'-----'---- ------' --------- i o� I oaa1S � i Certificate No: 475-09 Building Permit No.: 475-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits i This is to Certify that the BUSINESS located at Dwelling Type j LEGGS HILL ROAD in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY I POOL AT YMCA NORTH SHORE This permit is granted inconformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Fri Jan 23, 2009 ..- GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. LEGGS HILL ROAD 475.09 cis a: -7441--- COMMONWEALTH OF MASSACHUSETTS — 1--- --- Map: i30 Qioek: -- _--j -- --- CITY OF SALE11I Lot: j0083 — -- --' Category: Pool-- --- -_ -__ - - --i475=09 Permit BUILDING PERMIT ,"r _ --- __- Project# jJS-2009-000779 Est Cost: — -$0.00 -- -- Fee Charged_ $0.00 — Balance Due: $.00 _ PERMISSION IS HEREBY GRANTED TO: Const. Class: _� — Contractor: License: E ph-es !Use Group: �GroomConstruction CONSTRUCTIOSUPERVISOR -060SS7 ,Lot Size(sq. ft.): 777981.6 Zonin RI Otvner: YMCA OF THE NORTH SHORE,INC Units Gained: App(icnnl: Groom Construction Units Lost: j_ _ AT.' LEGGS HILL ROAD ;Dig Safe#: — ISSUED ON: 16-Dec-2008 AMENDED ON: EXPIRES ON: 16-May-2009 TO PERFORM THE FOLLOWING WORK: COMPLETE INDOOR POOL &RELATED CONSTRUCTION PLEASE REFER TO ORIGINAL PERMIT#460-07 FEE PAID ON ORIGINAL BUILDING PERMIT POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground:. Underground: Underground: Excavation: Service. Meter: �C/ Footings: i� Rough-4.. py, 'Rough: Rough:� 1 /- a Foundation: Final:1--20 -OX Final: Final:J \ / Rough Frame: ,✓CL(!!Ji/✓� SL/�ULG- /I Fireplace/Chinmey: D.P.W. Fire / Health 2Lo ;Mouse: Oil: inal:�c-fFfb L21o� Honx q Smoke: Nater: Alarm: f -9 4 Assessor Trcasun: Sewer: Sprinklers: oc / Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VI( 10 OF ANY OF ITS RULES AND REGULATIONS. Signature: -.1u.wTypec....._,,,._...: Date Paid: Check No: :\nomm: I An ;n -it.r. REC bTt IG Dec-(10 s �::uu 1�I OtIs 745-OAMExL316 sG 4al Call for Permit to OIWJ ?;U Geo'FNIS(D 2008 Des Lauriers:Municipal Solutions.Inc. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTNIEN 120 WASHINGTON STREET,3 FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TTIOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 19, 2012 Y.M.C.A of the North Shore Inc. 245 Cabot Street Beverly Ma. 01915 R.E Zoning Violation—Leggs Hill Road Dear Owners, This Department has received a complaint regarding the use of the four Residential lots (50-56) located adjacent to Leggs Hill Road, for rock and material processing. This issue is not a new issue. The Contractor Menino, has used this area in the past to process materials for projects other than the Y.M.C.A property and is doing so again . The legal use of this land is for Residential single family homes. (R-1) You are directed to immediately cease and desist any commercial activities on the four lots. You are further directed to remove all materials and equipment from the lots within seven days of this notice. Failure to comply with this order will result in daily Municipal code tickets and further enforcement actions. If you feel you are aggrieved by my interpretation, your appeal is to the Salem Zoning Board of Appeals.If you have any questions, please contact me directly. Thompa'S"t.Pierr�� Building Commissioner/Zoning Officer cc.Robin Stein,Art. George Atkins,file SENDER: COMPLETE THIS SECTION COMPLETE � •SECTIONI . ■ Complete items 1,2,and 3.Also complete A. Ig tore item 4 if Restricted Delivery is desired. ��(�p,�A�-,� ❑Agent ■ Print your name and address on the reverse X t-�L�'�� Addressee so that we can return the card to you. B. Received bV Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No YM P / c,6 �Ge 1�vr��S�c✓ I 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) _. -.... PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POS''FAIiIStlCsE-. :.. S" • Sender: Please print your name, address, and ZIP+4 in this box MY Of SAIL-l" Building Department 120 Washington Street Salem, MA 01970 J. 1, li,:,; CITY OF SALEM MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3'FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 IQMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 31, 2009 Y.M.C.A of the North Shore 245 Cabot Street Beverly Ma.01915 R.E 50 Leggs Hill Road, Salem Dear Owners, This Department, as well as the Town of Marblehead, have been receiving complaints regarding the use of the vacant lots that abut Leggs Hill Road. The lots have been used for storage and processing of stone materials as well as storage of heavy equipment and other items. This material has been trucked to other locations not related to your project. This violates the zoning by-laws of both Salem and Marblehead. I am including Marblehead because it appears the current activity is located on an area that is in both Municipalities. I have discussed this issue with the Marblehead Building Commissioner, Robert Ives and he is in agreement. You are directed to cease and desist Commercial uses on these residential lots. You are further directed to remove any items, machinery, stone,and concrete barriers that remain within 10 days of receipt of this notice. If you feel you are aggrieved b this notice, your Appeal is to the Salem zoning Board of appeals or the Marblehead Board of Appeals depending on the location on the lot. If you have any questions,please contact me directly. Thom f.Pierre b " 144Z Building Commissioner/Zoning Officer cc. Jason Silva,Att George Atkins,Commissioner Robert Ives To:Thomas St.Pierre Page 1 of 2 2009-08-11 19:47.34(GMT) FRC_15614233303 From:Tammy Rosenblatt FAX COVER SHEET TO Thomas St. Pierre COMPANY FAX NUMBER 19787409846 FROM Tammy Rosenblatt DATE 2009-08-11 19:31 : 00 GMT RE COVER MESSAGE w .efax.00m CITY OF SALEM CONSERVATION COMMISSION December 8,2008 Craig Lanouette Groom Construction 324 Essex Street Swampscott, MA 01907 Re: Site Visit YMCA,40 Leggs Hill Road, Salem MA Dear Mr. Lanouette: In preparation of submitting a Request for a Certificate of Compliance you requested a site visit be held to ensure that the project complied with the Order of Conditions issued by the Conservation Commission on June 8, 2006. A site visit was held on Wednesday December 3, 2008 with yourself,David Pabich the Chairman of the Conservation Commission, and I,the Conservation Agent. During this site visit of the property at 40 Leggs Hills Road, several deviations from the approved site plan were observed and are discussed below. First,the area in the northwestern section of the property,adjacent to the fire access road, is shown on the plan to contain rip rap. It was observed during the site visit that rip rap exists closer to the toe of the slope,but does not extend up to the emergency access road. In addition,an area near the western comer of the property contains rip rap, but is shown on the plan as being graded and vegetated. Rip rap also exists along the entire length of the toe of the slope,adjacent to the perimeter of the pond. However,the plan shows this as being graded to meet the existing slope. There are also concerns that the stormwater overflow structure, located adjacent to the house lot in the southeastern comer of the property,has not been built per the approved plans. Based on grades observed at the site,the grading downhill from the outfall structure appears to steeper and contains more debris than shown on the plan. Finally,the toe and side of the slope extending up from the pond is not vegetated to date. The approved plan shows these areas as vegetated and the Commission requests an explanation of how these areas will be prepared and stabilized to ensure that vegetation will establish. In order to resolve the issues raised above please plan on having yourself and/or the project engineer attend the upcoming Conservation Commission meeting on December 11, 2008 at 6 pm. Please contact Carey Duques, Conservation Agent for the Salem Conservation Commission, at 978-619-5685 to discuss this matter further. By appearing before the Conservation Commission,the Commissioners will gain a better understanding of how the issues discussed above will be addressed. Sincerely, Iu,[� Carey Dug� Conservation Agent/Planner CC: David Pabich, Conservation Commission Chairman LTom-St:_Pie re,-Building_lnspectoU lack Meany,YMCA of the North Shore Chris Nowak, VHB Enc. PHOTO LOG 40 LEGGS HILL ROAD, SALEM, MASSACHUSETTS rworm rxm+a+tL�/a rt uur oiays Caimvnmx wart/xvem r t a .k x - r. .: View of slope extending towards northwestern portion of the property adjacent to the emergency access road. The slope lacks rip rap near the top of the incline. v p } � 7 4 View of rip rap located at the western comer which is shown on the plan as being vegetated. a • • UWE � y � shy lr...'�.'•- � �y � i .' ., li 3q nv T� ♦ � � a •$'d A* JptS t 1 � ' ,4 s 7w � �p ;tya 'R 'dC •i p p 'i � E n � I..f- �� - i I ) .tom d F � p �r , 4 +i k�} � }:` "t`dd x �'�C,r »j 2 3v F �;•'l�r /¢y'�F;lr' 'S' yy �j y o fr7y4r P h� P jff 17 rA n •xr' ¢ - .'i 1 s'd i iM a'�aE y- MT�a r% ig 2 t t+ r A aF ry SPS t➢y '1 t{ 5'1 p � 3��r,•. C '1 � �� K$ � ° �{' t'.r � ftiZ"�+v�4av'£`� ';� x tn`7" ,�' �� g . .rw✓s l. o EI a � .. x'x� yj ,� 'k, rD'�>. , iLr' p' 'O t� .'-. � SS 4 t z y � ��`xf�' k%ir•.�✓. O ^ t 1 S ` ° y3.a ex 4F acrS.ra , Fr< h04 j ' 04 R rK�c� ,,�f `� Er lV' 1. P i x fi' �•!'�'� '9' W + r E Si ^„ . `+n»4 iV N W O a The Commonwealth of Wassachusetts a Department of fuffic Safety BoardofOuifdng 12egufations andStandards Thomas G.Gatxunis,P.E. OneAsh6urton T&ce, Wgom 1301 Commissioner Bevel L. Boston WassacFiusetts 02108-1618 Gary Mocm a,P.E. Governor mor ) Chairman Timothy P.Murray Phone (617) 727-7532 Ta,(617)227-1754 Alexander MacLeod,R.A. Lieutenant Governor Vice Chairman �17�2'(617) 727-0019 Kevin M.Burke Robert Anderson secretary gU'q w.massgov/dps Administrator Date: June 19,2008 Name of Appellant: Kevin Hastings Service Address: R.W. Sullivan, Inc. The Schrafft Center 529 Main Street,Ste. 203 Boston,MA 02109-1107 In reference to: One Sewell Street, Salem, MA Docket Number: 08-534 Property Address: One Sewell Street, Salem,MA Date of Hearing: February 26,2008. Enclosed please find a copy of the decision relative to the aforementioned matter. Sincerely: BUILDING CODE APPEALS BOARD Qta6 Patricia Barry,Clerk cc: Building Code Appeals Board Building Official 1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK,ss. Building Code Appeals Board Docket No. 08-534 YMCA of the North Shore,Inc., ) Appellant; ) V. ) City of Salem, ) Appellee. ) BOARD'S RULING ON APPEAL Procedural History This matter came before the State Building Code Appeals Board ("Board") on Appellant's appeal filed pursuant to 780 CMR §122.1. In accordance with 780 CMR §122.3, Appellant has requested that the Board review Appellee's decision to deny the Appellant's application for a change to the plans for the permit to eliminate an enclosed stairway adjacent to the open grand stairway and use the open grand stairway as a third means of egress at the property located at One Sewall Street, Salem, MA. By letter dated January 23,2008, Thomas McGrath,AIA,Assistant Building Inspector for the City of Salem, ("Salem"), informed Appellant that a proposed change to the plans for the stairways violated 780 CMR §§ 713.3;Exception 2 and 1014.11 and denied the change to the plans on the building permit. In accordance with G. L. c. 30A, §§10 and 11; G. L. c. 143, §100; 801 CMR 1.02 et. seq.; and,the Board convened a public hearing on February 26,2008 where all interested parties were provided with an opportunity to testify and present evidence to the Board. Present and testifying at the hearing were Kevin Hastings of R.W. Sullivan,Inc.,on behalf of Appellant and Thomas McGrath, AIA, Assistant Building Inspector for the City of Salem on behalf of Appellee. Exhibits in Evidence f 2 e Exhibit 1: State Building Code Appeals Board Appeal Application Form, dated January 28, 2008, including supporting materials and plans. Findings of Fact Based on the credited testimony of the witnesses,the Board finds these facts: 1. The building is a new two-story structure of Type 2-C construction with approximately 105,000 gross square feet for assembly(A),business (B) and educational(E)uses, with a basement of approximately 2100 square feet. 2. The calculated occupant load is more than 500. 3. The building is fully equipped with an automatic sprinkler system. 4. The two other egress stairways are fully enclosed. 5. The Appellee supports the granting of the variance. Decision Pursuant to M.G.L. c. 143, § 100,the Board has the authority to decide appeals by those "aggrieved by an interpretation, order, requirement, direction or failure to act by any state or local agency or any person or state or local agency charged with the administration or enforcement of the state building code." The issue is whether the Appellant should be granted a variance from the provisions of 780 CMR§§ 713.3, Exception 2 and 1014.11 to allow a change to the plans as permitted to eliminate an enclosed stairway and use an open grand stairway as the third egress. For the following reasons,the Board ALLOWS the appeal. The Board noted that the Appellee supported the variance and that under the draft Seventh Edition of the Massachusetts Building Code, Section 1019.1, all three egress stairways in a two story building equipped with an automatic sprinkler system would be allowed to be open for all of the planned use groups of the building. The Chair entertained a motion to grant the variance from the provisions of 780 CMR§§ 713.3,Exception 2 and 1014.11 and allow the issuance of the change to the plans for the permit to 3 Y eliminate an enclosed stairway and use the open grand stairway as the third egress. The Board voted as indicated below. X..........Granted .......... Denied ..........Rendered Interpretation ...........Granted with conditions ........ Dismissed The vote was: X..............Unanimous .......... Majority ro)? Robert Anderson Keith Hoyle Sandy MacLeod Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. A complete administrative record is on file at the office of the Board of Building Regulations and Standards. A true copy attest, dated: June 19, 2008 Qw�u6 Patricia Barry, CIA All hearings are audio recorded. The digital recording (which is on file at the office of the Board of Building Regulations and Standards) serves as the official record of the hearing. Copies of the recording are available from the Board for a fee of$5.00 per copy. Please make. requests for copies in writing and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. Requests may be addressed to: Patricia Barry, Coordinator State Building Code Appeals Board BBRS/Department of Public Safety One Ashburton Place—Room 1301 Boston,MA 02108 4 ONDI Q CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOOR 1 SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 .r.Wa FAX: 978-740-9846 n KIMBERLEY DRISCOLL 7M JUL 28 P 3: 45 MAYOR July 28, 2009 CITY CSE! Decision City of Salem Zoning Board of Appeals Petition of YMCA OF THE NORTH SHORE, seeking a determination under§7-3 (g) of the Salem Zoning Ordinance to allow for proposed additional parking for 90 cars, in addition to the 246 spaces previously approved by the Board, on the YMCA recreation facility located at 40 LEGGS HILL ROAD, Salem and Marblehead,MA, in the Residential One-Family Zoning District(R-1). Petitioner seeks a determination of reasonableness for proposed parking pursuant to the Salem Zoning Ordinance, §7-3(g) for the recreational facility on the property at 40 Leggs Ndl Road. Statements of fact: 1. Attorney George Atkins represented YMCA of the North Shore at the hearing. 2. In a petition dated June 24,2009,the petitioner requested a determination under Section 7-3(g) of the Zoning Ordinance,which provides that the number of parking spaces for a charitable institution is subject to determination by the Board of Appeals. The applicant proposes additional parking for 90 cars in addition to the 246 spaces previously determined by the Board in a decision dated December 1, 2005. 3. A public hearing on the above mentioned Petition was opened on July 15,2009, pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on July 15, 2009,with the following Zoning Board of Appeals members present: Robin Stein (Chair), Richard Dionne,Beth Debski,Annie Harris,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate). 4. At the hearing,Attorney Atkins presented a three-phase landscaping plan the YMCA is proposing. He stated that he had met with abutters to discuss the landscaping proposal, and the YMCA was willing to incorporate the first phase of the plan into the Board's determination as a condition. This phase addressed the most pressing concerns of neighbors regarding screening views of the facility from their homes. 5. A resident of Marblehead submitted a letter to the Board, not opposing or supporting the project, but requesting that the house lots on Leggs Hill Road that are part of the original plan remain residentially zoned, and that landscaping be incorporated into the site design. 2 6. Ward 7 Councillor Joseph O'Keefe spoke in support of the landscaping plan the YMCA proposed. Several other residents spoke out to say they would welcome the proposed landscaping,since they were unhappy with the current lack of plantings on the site. Marblehead Town Administrator Tony Sasso said he wished to see the landscape plan incorporated if any new parking were to be added. 7. At its meeting on July 15, 2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a determination of reasonableness for an additional 90 parking spaces as shown on the submitted plans. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The addition of 90 new parking spaces,as shown on the plan submitted to the Board titled "Site Plan,Proposed Layout (showing 340 parking spaces): Salem& Marblehead YMCA," byPatrowicz Land Development Engineering,dated June 22, 2009, is reasonable. 2. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. . On the basis of the above findings of fact and all evidence presented at the public hearing including,but not limited to,the Plans,Documents and testimony.,the Zoning Board of Appeals concludes: 1. To allow for the addition of the parking as proposed,the requested determination of reasonableness for parking is granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Stein, Harris,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for Variances subject to the following terms, conditions,and safeguards: 1. The landscaping shown on the plan titled"Phase I Landscape Plan at the Lynch/Van Otterloo YMCA,Salem MA," dated July 15, 2009, is to be completed, with plantings done no later than Spring 2010. Final landscape plans are subject to approval by the City Planner. Robin Stem, Chair Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the f J 3 office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. Sullivan Code Group R.W. Sullivan, Inc. MAIL TRANSMITTAL Date: January 29, 2008 Company: City of Salem Public Property Department Address: 120 Washington Street Salem, MA 01970 Attention: Thomas McGrath —Assistant Building Inspector Subject: State Building Code Appeals Board Application — Salem YMCA Sender: Todd G. Sullivan RWS Job #: 2710.00 CC: Instructions: Certified Mail Received Receipt Required Attachments: State Building Code Appeals Board Application (8 pages) The Schrafft Center 529 Main Street,Suite 203 Boston,MA 02129-1107 617.523.8227(p) 617.523.8016(f) HVAC.Electrical .Plumbing.Fire Protection.Code Consulting w .msuiiivan.com :. !�' ,� ';' I�i' ak+ a��- d -af ti a I 'k�fys,tl i ,� jE STATE BUILDING CODE APPEA ZOARD Oil E ua, t ;ijl Sllervice Notice ., �E a Na ,rr,_ a'." I, _A. Vernon Woodworth as Agent for the Appellant/Petitioner Salem YMCA an appeal filed with the State Building Code Appeals Board on Tanuary 28 20_08 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE Thomas McGrath CERTIFIED 1/28/08 1 120 Washington Street MAIL Salem,MA 01970 2 3 Signature:Appellant or Petitioner On the 28th Day of Tanuary 2008 PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED A.Vernon Woodworth AIA (Type or Print the Name of the Appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. NOTARY PUBLIC MY COMMISSION EXPIRES CHAD E.SULLIVAN 999999 > Notary PublIc CommonwealthMassasa chusetts My Commission Expires June 1,2012 7 The Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, Massachusetts 02108-1618 Phone (617) 727-7532 Fax (617) 227-1754 . STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM DO CET seNUMBE&r DATE January28,2008 (StateiUOnly) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authorit Also,Also indicate if this is a request for a hearing de novo (new hearing) relative to a decision of a municipal app board.) Building Official from the City/Town of: Salem, MA 01970 Board of Appeals from the CiTy/Town of: Salem, MA 01970 (Request for hearing de novo) State Building Official: Thomas McGrath,AIA—Assistant Building Inspector Other: Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance X Order Direction Interpretation Failure to Act Other ;�rt - xee 1��cer�v� t � Check'1�Tltmbe� ; (This section must be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? No X Yes ❑ If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). 4 Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient. All appropriate code sections that are subject to appeal must be identified in the description. Seeking relief from 780 CMR 713.3 Exception 2,which permits an open stair to connect to stories as long as the stair is not a required means of egress. This variance is being sought based on the proposed 7w Edition of 780 CMR,which allows an open stair to be used for egress when it only serves the first and second floor,the building is sprinklered and each floor each floor has 2 other means of egress(7th Ed.-780 CMR 1019.1 Exception 9). Please complete the following section completely and accurately. Name of A. Vernon Woodworth Representing: Sullivan Code Group Appellant: Address Schrafft Building For Service Suite 203 529 Main St. Boston, MA 02129 Telephone (617) 523-8227 Fax (617) 523-8016 Number: Number. Address of One Sewall Street Subject Property Salem, MA 01970 (if different from service address): Code Consultant (Authorized Agent) What is appellant's connection to subject property? t (! L&J — A. Vernon Woodworth Signature of Appellant an or RepmsentahW Please Print Name Legibly ;�" �° � ggtamtl4lanager;$gar��of Appeals ' � "r ' 0 1 < BoardofBurldr g egulahohs;dttdStanid�fdsds Oke lahbnrt ti ce, 'tf9m1301 , 5 a DESCRIPTION OF BUILDING OR STRiJCTC7R> ItELATIE TQTHEMASSAC ET'TS �/mM'rswn* fwd P�^ sk.Far S S'I?ATEB UIL .a rv„dn:wa:.#sed psi=+��*`- Do not complete the tables below for one and two family dwellings. Proceed to section entitled'Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction X Existing Building - Repair(s) Alteration(s) Addition Accessory Bldg. Demolition Other Specify: Brief Description of Proposed Work: .The building will be two story assembly space occupied by the YMCA: -- assembly. -USE GROUP AND CONSTRUCTION TYPE " USE GROUP(Circle appropriate Use Group) - CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 IA A.1 A-5 1B B Business O 2A E Educational 0 2B F Factory F-1 F-2 2C .H High Hazard 3A I Institutional 1-1 1-2 I-3 3B "M Mercantile 4 R Residential R-1 R-2 R-3 5A S Storage S-1 S-2 - 5B U Utility Specify: M Mixed Use Specify: - S Special Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index(780 CMR 34): Proposed Hazard index(780 CMR 34): BUILDING HEIGHT AND AREA- BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include 2 Stories with Basement basement levels- - Floor Area per Floor(so 51,100 sf per floor/2,800 s£Basement Total Area(so 105,000 gsf Total Height(ft) 2 Stories Brief Description of the Proposed Work: The Salem YMCA is a new fully sprinklered facility consisting of basketball courts,swimming pools, squash courts,fitness rooms,aerobics,ballet,meeting rooms and offices. 6 CITY OF SALEM 6 PUBLIC PROPERTY DEPARTMENT KIMRERLEY DRISCOU. MAYOR - 120 WAS] 3NG"I'ON$IRIP.h:I *$ALlibf,MASSACI3GSl'Tf$01970 TEL:978-745-9595 FAX:978-740-9W January 23,2008 Mr. Dan Ricciarelli AIA Finegold Alexander&Assoc 77 North Washington Street Boston, Ma 02114 RE: LEGGS HILL YMCA Modifications to Egress Stair Dear Mr. Ricciarelli, We have reviewed your request to eliminate the enclosed stair adjacent to the open grand stair at the above building and rely on the open stair to provide egress as outlined in your memo of January 22 and Drawing SKA-034. While we are sympathetic to your argument that this chane meets the requirements of the forthcoming 7 edition of the Building Code, as the 7` edition has not been officially adopted, we have no choice but to refuse this proposed amendment to your approved 2007 plans. As we have previously suggested,we believe your best alternative is to file an Appeal of this decision with The State Building Code Appeals Board per section 122 of 780 CMR. The Salem Building Department would be happy to support your efforts in making this appeal. Sincerely, Thomas McGrath AIA Assistant Building Inspector City of Salem Sketch — � Q Finegold Alexander + Associates Inc 0, I 77 North Washington Street lP � — / Boston VA 02114 1967 617 227 9272 FAx 127 5582 PD PTD \ _ ` RECESS — II F TD I I II r - - - - - - -I ` UI M -� 4- 1 - I L-4,P. DESK <1 ( < x L - - - - - - - - - - - LMJ F CP 19 9 H II � I A_307 (A- 2 y Y c E m � o X x W y Dra*ing Title EGRESS GRAND STAIR Reference DWq No LL CL A-102 C3 E Project LEGG'S WILL YMCA DNg No SKA-034 40 U Scule Ir-O' • I/8'Date 1/23/08 Project No 23101,06 i T t 9 �-SJJREEJ;3i irE.iJ (::EtiF_6:tiF"x< �p-yRn^y QTR%F._ ._..--------- El - x deep [ } ( i t' tulfrm 8 '_QnQ dP oo �osac:t -` �, LecREa_ ACUAKS X201 s` NA 12, .G �. e_g J • tGiH P 9oCu 64 a' 6]�5a! -� i A 1 CCCER$ ARE< f I - _ 760 _ �� 9A'HROC4 � I (160 to a r f ,•i ! ( it-\\ I y c J1G0 2: 5 '3 t 3 113 ! 1 TptEi � I � lJf eStA T , X120<' `r ( �) AM r ' t iP•r[. 1 - T` BABYA`CNG 1 11ir- Navi STAIR IN ,r.iFev , sG:r saa•> _ _ Ems,. _— QUESTIONtaa 4 - c � r tu.i! -- _ a�rtu/ { .. 0. ur 'c;ol 38'x58' Tri--.::5 Fool 16•c-A k1 n� ��-� \\_RAW k a t`f.�1. V T I/� / � 4441 22 G- --. 2200 { ( _. i34 a � / Apnnis*R -.. _- - ____ _ K EE EAR Tp_ET x x 8 FRIM e! ! +� t FtG Pi. g5 C, -EEK ET I i`1 c2 n CnB15 M1c L— arcr'n '.Lvi£R a�G^ n i2a CAFE 436 ! flcNRJ.tHCE/ 13 - .3s ELC 'S0 z( WttOaY ter.- CAE 33Y ^EY OFFS, IX C(.'?<F G - r_ et .56E ASSRCA4 L � 35 139 ti - t36 A: 'LET t 23 6500�II ai 122 si 143 s! 54C ss' aYA55 nt '�z'- SiCRRCi MET CIRCJIATICtJ LI —.—_ _. m A T tES_P9:.'L. G:IE' L:F.RIOOh Tp1.FT 5CJ 132 i C - Mtn t nhoweRGRA �$^.,a'hC{ TC��RA��CE__�\� (STORAGE h CRAGE 1! 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I a ------------------------------------------- P f CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON$'IRL'El * SALEM,NlASSACIIUSE'f IS 01970 TEL:978-745-9595 ♦ FAX:978-740-9846 January 23, 2008 - Mr. Dan Ricciarelli AIA Finegold Alexander & Assoc 77 North Washington Street Boston, Ma 02114 RE: LEGGS HILL YMCA Modifications to Egress Stair Dear Mr. Ricciarelli, We have reviewed your request to eliminate the enclosed stair adjacent to the open grand stair at the above building and rely on the open stair to provide egress as outlined in your memo of January 22 and Drawing SKA-034. While we are symptathetic to your argument that this change meets the requirements of the forthcoming 7` edition of the Building Code, as the 7te edition has not been officially adopted, we have no choice but to refuse this proposed amendment to your approved 2007 plans. As we have previously suggested, we believe your best alternative is to file an Appeal of this decision with The State Building Code Appeals Board per section 122 of 780 CMR. The Salem Building Department would be happy to support your efforts in making this appeal. Sin re , - 2- 4T as McGrath AIA Assistant Building Inspector , City of Salem -r Finegold Alexander + Associates Inc Architects Preservation Planners January 22, 2008 RE: Leggs Hill YMCA FA+A 23304.06 MEMO TO: Salem Building Department, Tom StPierre, Tom McGrath FROM: Daniel Ricciarelli, Project Manager SUBJECT: Grand Stair leggs Hill YMCA COPIES: WJJ, Paul Gorman The YMCA of the North Shore is seeking relief from providing an enclosed egress stair which is supplemental to a contiguous open grand stair. The Stair connects only one level and under the forthcoming new Code the grand stair meets the requirements for egress in this facility. Please review the attached sketches and contact me at your earliest convenience. Maudc,N Finegold James G Alexander Sherman-par Morss J, Nancy L Goodwin Tony Haiao Druce Sameke Ellen N Anaelone DaNel F Rlcciarelh Charlene Bend Jell Garriga Chrismpher P Lane Slmon B Mon 77 North Washington Street Boston, MA 021140- 1908 617 227 9272 FAX 227 5582 faa@faainc.com http:\\w .faainc.com Sketch Finegold Alexander + Associates Inc ar r F a m n 77 North W'hnglon Street 9' 's s Doolm(�A 01114 1967 n § A-b01 y _ ® W/ fill 127 9272 FAX ll7W F HP. DESK ACP 2 19 A-307 A-802 O (5 m E -nom IRefcmoe D*g No N{ Orafag Me EGRESS GRAND STAR -102102 O i LLCi ^� No 29 -Project LEGC'$ IAL YMCA No CL°i gkA-0341 ktle Ir-0' Moot, V23lO8 Project 104.06 1 F Sketch L 14,J OUBL E: Finegold Alexander + Associates Inc S UASH s 209 11 Nvth Woshin9lon Street Boston IA 02114 1967 617 227 9272 FAX 227 6582 TOI 211 21AJ I214.2 FITNEIWIV TRAINING °� ®YMC OFFI ROOMni — — — — — — 214, 214,1 LOBBY CO 2011 10 P Ir M T R G AEPC BIC b2 I — F)TUDO —AER a 31C 3 wE01MEB311 TOV� 20 TUDICI am9 a a.E PF RGI 1C Al I nen iia_ s (u a� d' Rehm.0A7 No d 1 0,aie'9 Yoe EGY2E55 GRAND STAR - SECOND F9-00R A-102 M 6 I O E; Project LE6G'S LAL YMCA No I `a°' 6KA-0341 1�"V ktle I1-O' Vli'Ible V23/CJB Roj¢cl No 2316N.06 Sketch Finegold Alexander+ Associates Inc meq, 77/loth�hinglm street lT — Mi.OA U2114 1967 617117 9272 ® LPDJ MX 227 5562PTD F _ � II F TD 1z - I I I I I I I II — JF --------'------A. N— - _ H LHRDESK 1 n� w d' Relema D*g No y I D,*g Me EGRESS GRAND STA67 A-02 LL cL' 0I Project LEGG'S r&L TMGA DA No ��U] Side Ir-O• • VB'Dole VT3708 P.oj¢dNo 7304.066kA-0341 05/08/2007 13:38 7316312685 GROOM YMCA PAGE 05/05 05/00/2007 12:32 7615931480 UJAM cUMIMIX ILUN r 4 TRANSMT39ION bERIFICATICN REFLIRT TIME 12/05/2006 14.44 Nw GR" Ca TRMTION FAX 7815931480 7EL 7815923135 PILE R.M BRIMS3216576 COPY DATE,TIME 12/05 14:43 FAX Nc)./NAME 19787409846 FA�GEt5O7 C8:00;27 RESLLOK MODE T TAMARD G1kOO.M CONSTRUCTIONCOMPANY INC. 324 ESSEX STREET SVAMPSCOTT, MA. PHONE 799 . 592- 313 FAX 791. 593- 1480 FACSIMILE TWSMITTA9, St4EXT xOi PROM Ibta9lPAcaE CcnOe�1$a ext:18 ccxm�m5 COY OfSakmBulk %Comadwi=r 12 4'Y06 11Ax,%0v71. 7MAL MM OF PAW U,<XW xc CM7A 975.740.9546 97&7459595&W RY: Yam UM FS=W"11L UW HM YMCA y p URGENT O POR REVIEW C P?,7ASL COSI) ?1rr D FLRA&9 REPLY 13PLIU41 dUCYC LE ; NOYlas POHMP7M5 Work Haurn waiver Tarn, We respeWully request a waiver from the CVY of Salem standard work hours for the duratim o this projac3 Typical work hour®for ft project wdl tae M AM until 5;00 DIM .. AA�n.+....N..., 1�,.Iw� 05/08/2007 13:38 7816312685 GROOM YMCA PAGE 04/05 05/08/2007 12:14 7615931480 GROOM CONSTRUCTIUN rsruc vjor oK GROOM CONSTRUCTIONCOMPANY INC. 324 ESSEX STREET SWAMPSCOTT, MA, PHONE 781. 592 . 3135 PAX 781. 593 . 1480 PAOsIxlLE TRANSMITTAL SHEET Tck FROM: Tom St.Pienr Tim Costin =218 CDu.PANyr DATE: OryOfS,6tUBuiw4C0=1Mianer 12.05.06 FAX N04en TOTAL:W.OF PAMRB lNC1.{7 M WYER: 978.7449846 PXOM Nu wk 9T8.745-9595 x380 . RE; YOURAEPEAANa MACER! LcW Hill YMCA 13 URGENT ❑ FOA REV11W C{PLBASE COMMENT OPLEASE RBBLY C3 PLEASE RECYCLE NOTPSIQQLQIEN'M ' Work Hours Waiver Tom, We reWaoifulty request a waiver from the City Of Salem standard work h0tirs for the duration o this project. Typicol work hours for this project will be 7;00 AM until 6:00 PM Monday thru Friday. As discussed at our preconstruction meeting there will be no drilling and blasting operations on Weekends and Holidays, Thank you for your time and Consideration regarding this matter. Please feel free to contact me With any questions or concerns. Tim Gostin Should you boo any ptobicros with thin bZWa iBs1k)%pkasc cat(790 592.3113 05/0$'2007 13:38 7816312665 GROOM WCA PAGE 03%05 85/8812067 12; 19 7815991482 GROOM OU43T9UCTIa1 PAGE 62104 • Tr?AN5MIS6ICA�i VERTFTCATTCN�tP RT TIME 11/10/2006 13:57 NAME GPOOM C94STRUCTXON T 78154a148p Tit 7815923135 SM.# BROE5W216576 FAXE,TIME FAx `17,/N4MII 11!18 13:57 td-6tATIGN 197874p9646 RESULT 00: 98:27 STAWAR6 ECM GROO.&I CONSTAucrIONCOMPANY INC. 324 ESSEX STREAT SWAMPSCOTT, MA. PHONE 784- 592 • ! 133 FAX 781-593 - 1480 8AC11MILI T11ANsWrTTAL SHEET 70 P7 f14R 'loan 5p Pieno "eANY: rMCorgin x.218 114y o1w=&xu%ooM lona DATI: -4x 11-100 9!&7404$45 TOTAL M,OP PA021 o�COQ eA "Ions Numm 978745.9995 X130 W LeW NiQ YMCA YbL'R REiT,i4ENCg NQMASR L7 U1iGIIN1 ❑ PQR Rb VI5Y0 O MA58 CO lYr ❑BLRASEREPLX t�PLRh4SRIICYCS.E D�S'B�NAQQINIB Work hours WSW Tom, dursbwi o th 1y Mqus&t a vA§hw from the Ot),of Salem standard VAA hour»fbr the PRA kknrjav x,,, work hours for FIs protect OR be 7:60 AM untN 4:30 05/08/2007 13:38 7816312685 GROOM YMCA FAGF 02105 05./98/2007 12:14 7815931480 GROOM CMSTRUCTILN PAGE 01/04 GROOM CONSTRUCTIONCOMPANY INC, 924 ESSEX STREET SV7AMPSCOTT , MA . PHONE 781. 592 - 3135 FAX 78t - 593 . 1480 FA61M11E TRANSMITTAL $MEET TQ PR0 A Tom SL Pim TIM.C056n eaa 215 00WANY' pAPE: CaycfSA=Bw rgc3MMinbMr 11.10.06 PAX N"EX, TOTAL ND.OF PAGES WO.WIM C npj 978.7449846 PHONE NUMEFX- 976.7459595 x380 Ia: YOUAREFERLNa NUNang Legge Hill YMCA URGENT CI FOIL REVIEW ❑PLEASE CM40W UPIPWI REPLY 171?LEASE Rb GYCU iJOix"si[T7Ae�hIS _ -- _-- Work Hours Waiver Tom, We fespeclfUDY request a waiver from the CRY of SOM Standard work hours for the duration 0 this project.Typical work hours for this projeot will be 7:00 AM until 4:30 PM Monday thru Friday. As discussed at our Me0onstr ucton meeting there will be no drllllng and blasting operations on Weekends and Holidays, Thank you for your time and oonSiderabon regarding this matter. Rase feel free to Contact me With Orly quesdions or concerns. Tim CosUn SAonkd you have anypMblaoe whir rhes uansmissioq,pkeaeo calf(181)M3t99 4 05/08/2007 13:38 7816312685 GROOM YMCA PAGE 01/05 GROOM CONSTRUCTION COMPANY INC . 96 SWAMPSCOTT ROAD SALEM , MA 01970 PHONE 781 - 592 - 3135 FAX 781 - 593 - 1480 FACSIMILE TRANSMITTAL SHEET TO: FROM: Tom St.Pierre crdgLoaorrdle COMPANY: DArE City of Salem Building Commissioner MAY 8,2007 FAX N0. TOTAL NO.OF PAGES INCLUDING COVER: 978-740.9846 5 PHONE NO. 978.745-9595 x380 YOUR REFERENCE NOM$ER' Re She Pasant:(781)631-2683 Leggy HiM YMCA SIM Fax (781)631-2685 Satan,MA 01970 X URGENT X FOR REV1.Ew Ci PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RYCXCLE NOTEWCOMMEN Re:Work Hours Waivxr[Atter Hi,four, in response w issue with project smtt time on this past Saturday(515/O7). Attached aro the letters saes to you frau Tim Oron back in NuvemW and December on project wait hours,which we discussed m our meeting.Please call me so we can go over.Your attemim to this matter ws appree ted. Ifthem ata any questions,please do not hesitate to call-I can be reached onsite @(781)63.1• 2683 or by cell C¢'(781)858.1269. Tbaox, Craig CC: Tins Costin,Groom Construction Bill Jennings,WJJ Planning 61 Construction Paul Gorman,Northshore YMCA Should you have any problems with this trammissi m4 please call(781)592-3135 CITY OF SALEM9 MASSACHU T.T S(Fr .LEM. MA a BOARD OF APPEAL CEERK 'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 DEC 19 A 11: 22 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF YMCA OF THE NORTH SHORE, INC REQUESTING A DETERMINATION FOR THE PROPERTY LOCATED AT LEGGS HILI.ROAD R-1 A hearing on this petition was held on December 1, 2005 with the following Board Members present: Nina Cohen Chairman, Richard Dionne, Bonnie Belair, Edward Moriarty and Robin Stein. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a determination of reasonableness for proposed parking per Section 7-3 (g) for new recreational facility for the property located at Leggs all Road located in an R-1 zone. The Board of Appeal, after careful consideration of the evidence and after reviewing the plans at the hearing, makes the following findings of fact: 1. Petitioner YMCA of the North Shore, Inc. (`Y") seeks a determination from the Board of Appeals of the reasonableness under Section 7-3 (g) of the Zoning Ordinance of allowing parking spaces for 246 vehicles at a new Y facility to be constructed at a site on Leggs Hill Road in Salem. 2. As grounds for its petition, the Y states the following; A. The new facility at Leggs Hill will serve an underserved market of Salem, Swampscott and Marblehead residents. The new Y will offer an adult health center, childcare facilities, outdoor and indoor swimming pools, a gymnasium and a dance center, with offices, storage areas and locker rooms. It is projected to serve 3800 members and additional 400 non-members users. B. The petitioner, a regional Y, currently operates recreational facilities in Beverly, Ipswich, Gloucester, Salem and Marblehead. The largest single facility is the Sterling Center in Beverly, which serves 4,750 membership units (one unit=one individual or more in a family usually traveling in one car), and while it is 20% larger, the Sterling Center traffic pattern provides a basis for comparing parking capability and usages. C. At the Sterling Center a parking area with 300 spaces has proved adequate to serve users all times of day. Dividing the number of user units by the number of parking spaces provides a ratio of C11 1, Or ISALEM. MA CLERKS OFFICE DECISION OF YMCA OF THE NORTH SHORE, INC REQUESTING DETERMINATION FOR THE PROPERTY LOCATED AT LEGGS HILL ROAD R-1 i005 DEC I q A II: 22 17.4 at this Beverly facility. The comparable percentage for the projected Leggs hill facility with 246 parking spaces is 17.1, which supports the feasibility of the proposed parking lot. D. In support of its petition the Y submitted a parking evaluation prepared by Vinod Kalikiri, P.E., P.T.O.E. of Vanasse Hangen Brustlin, Inc. (VHB) from which these figures are taken. Mr. Kalikiri presented his report and findings and answered questions at the public meeting. The report and its findings,dated November 22, 2005, are hereby incorporated by reference. Also present were Jack Meany,Executive Director of the YMCA of the North Shore, Paul Gorman and other members of the North Shore YMCA Board of Directors, Claudia Chuber, President of the Board of Directors of the Salem YMCA, and Deb Amaral, Director of the Salem YMCA. The Y was represented by Attorney George Atkins III. E. Outside of daily and weekly usage schedules, the Y from time to time hosts larger events like swim meets, which require additional parking. These events are planned in advance and the Y undertook on these occasions to arrange off-site parking at another facility, which shuttle buses to the Leggs Hill site. F. Should the parking plan as submitted prove inadequate because usage exceeded projections, Mr. Meany noted the site plan included an open field adjacent to one of the proposed lots. This filed could be adapted to serve future parking needs if it became necessary. It is the goal of the Y that the access road to the facility will never by used for YMCA parking. G. The Leggs Hill facility will support a new partnership between the Y and the Boston Ballet, which will operate a satellite- teaching unit within the new facility. This will make high quality dance instruction much more available to North Shore families, and will enable dance instructors to visit local schools for arts presentations. The Salem, Marblehead and Swampscott school districts will also be offered the use of the facility for their gymnastic practices and meets, and for swim team needs. H. Numerous neighbors attended the meeting and aired their concerns about the adequacy of parking and the need to keep YCMA cars from parking on the access roads. Ward 5 City Councillor Joseph O'Keefe also attended the meeting and spoke in support of the proposed parking plan following the presentation and Mayor Stanley Usovicz Jr. of Salem submitted a letter in support of the proposal. CI IV OF SALEM. MA CLERK'S OFFICE DECISION OF THE PETITION OF YMCA OF THE NORTH SHORE REQUESTING A DETERMINATION FOR THE PROPERTY LOCATED AT LEGGS HILLS ROAD 2005 OEC 19 A II: 22 Therefore, based upon the evidence presented, the Board voted 5 in favor and 0 in opposition with the following conditions 1. Petitioner shall provide current membership data upon request of the Board of Appeal. 2. The Board reserves the right to revisit the adequacy if necessary. /a, r- GRANTED Nina Cohen, Chairman DECEMBER 1, 2005 Board of Appeal 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect unit a copy of the decision bearing the Certificate of the City Clerk that 20 days have elapsed an no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal 0 &TfV of'Sal m, '�ffiassnr4usrffs 3 Offrr of fllr (llifg (ilonnril 's (t 1fV Pall COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS PRESIDENT 2006 2006 MICHAEL BENCAL CHERYL A. LAPOINTE LUCY CORCHADO THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C.SARGENT III LEONARD F.O'LEARY MATTHEW A.VENO January 19,2006 PAUL C. PREVEY Issues and Concerns JOSEPH A.O'KEEFE, SR. Proposed North Shore YMCA Facility(NSYMCA) Leggs Hill Road-Salem The Salem Planning Board, Salem Conservation Commission, Massachusetts Highway Department(Massf ighway) should expect the North Shore YMCA to address the following issues and concerns we have during the construction and use of their proposed development on Leggs Hill Road. Ouality/Ouantity ofstormwater NYYMCA submit a stormwater pollution prevention plan to the Salem Planning Board and Salem Conservation Commission which defines the site characteristics and the construction and post-development which will occur. The plan should follow guidelines enumerated in the Massachusetts Department of Environmental Protection Stormwater Management Policy(March 1977)and address unmanaged and untreated stormwater which protects the wetlands. This plan should identify soils, runoff,water quality, impact on the nearby pond,the steep and possibly unstable slopes at the site, surface run-off through existing drainage channels and the increase of impervious surfaces at the site and the impact of the stormwater drainage on Legg Hill Road thence to the Forest River and the adjoining wetland resource areas and buffer zones. The stormwaster runoff from the slopes of the homes presently being erected on the Marblehead side of Leggs Hills Road should not be allowed to traverse Leggs Hill Road. Lews Hill Road NSYMCA submit to the Salem City Engineer a definitive plan to improve the Leggs Hill roadway surface, stormwater drainage and install sidewalks/granite curbs on one side of this roadway from Loring Avenue beyond the proposed entrance the facility. Box Culvert Bridge NSYMCA request Masst ighway to replace the so-called concrete box culvert bridge and widen the entrancelexit of the bridge to Loring Avenue(Route IA). Attached digital images indicate cracks in the superstructure and central supports. Left turning lane NSYMCA request Mass Highway strip a portion of the southbound lane of irrinAvenue to create a left turning lane into Leggs Hill Road. spectfully sub ed, g ep . O'K fe S uncillor Ward 7 p!c Mayor Kimberley Driscoll;Salem City Council;City Engineer,Building Commissioner;Rep.John Keenan SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM 1,�]i� • IL R4 k a ,� iW, \ / + J s, ' • 'f ` 1a M1tyy •"'.'o a.-".. tti' J `.iraw 'Sflw �V 4 ( ° • �' J '�ti, �..,�t1� � 7 �7r j 'q r I / it t r ��7 � ✓ � -��tr �rf,�l�I` v 'tdYxy�,o�+1�v�y� r� pa�.'r�- .��+ Ilj� r - -.".. I. f�1 fir ,. +��"Y •• `y�f i { 4s''—{`' "4 ( Iry •��I�eY r. r l F 1�"f 4$1, III ' ,� ,\ 7y.��y\ ♦ .T,.LL r • iii � r t AL �"�-, r4r3" �, i `.'mac".,,,x•.. ""Y 3 ' I Y� 'r i E \ MCI pq eRT 411 pp .y a f =.w♦. RSI i r: 7 S.X• 'Y T. � t f e ♦ 'i' LLL` n 1 t + Z''w � �y .. � CC � � , .-s: - • y♦fir �x../1�'.� � ��' ^• ;j'_ .�ta .� !y 'kY [• y. L 4r t � o � � n v !j{ w' +y� } � COY{✓, Y�ydM ^, �W �' a � y'�. � '�q.. Ly �, x'fiN rf�'�l i� S r �'n➢' `� j� A F i. Y- N - James E. Farley - Attorney at Law - t26 W..hington Street Salem,Massachusetts Telephone oaia. July 21,1946. Mr. John J. O'Rourke, Inspector of Buildings, Room 9, City Hall, Salem, Mass. Dear Sir: In re; Francis W. Dane-Thomas Mackey and Sons. I have gone over with my client the contents of your letter of Juby 18,1946 in regard to the above-named matter. . If Mr. Mackey will act according to his agreement ed as outlin ,n your letter, my client will be satisfied. Expressing my appreciation for your prompt attention to this matter, I am very truly yours, °y VCltp Of bater t 01notba5ettt o' �1�.1 I1 � �} �} y} eAf01 me xgal Up arfmPut 3amrs linsrlla fdily �aliritar July 15 , 1946 Mr. John J. O'Rourke Inspector of Buildings City Hall. Salem, Mass. Dear Sir: I have your letter, with copy of letter from Mr. Farley to you, in relation to the use of certain land in an area just off Legge Hill Road for the storage of loam by Thomas Mackey and Sons. Section 26, Chapter 40, of the General Laws , provides that a zoning ordinance shall not apply to the existing use of any buildings or structure or of land to the extent to which it is used at the time of the adoption of the ordinance or by-law. If the area under consideration was used for T the storage of loam at the time when the local zoning ordinance was adopted, and has so continued to be used to the present time, it is my opinion that said Section 26 would apply to the situation and that the use for the above purpose is legal and is not a violation of our zoning ordinances. The question as to whether or not such use has been continued from a period before the adoption of a zoning ordinance of course is a question of fact concerning which I assume you will satisfy yourself as far as you are able to do so. Very truly yours, JK/M ity Solicitor James L. Farley 126 Washington Street .v. Salem, Massachusetts Fi.��. r' e J, 407f, =Zzz�- Mr. John J. 0!Rourke, Building Inspector, City of Salem Registered mail Return receipt City Hall Requested. Salem, Massachusetts. 1 - lo, �r July 119 1946 Mr. James Kinsella 81 Washington Street Salem, Mass. Dear Sir: Attached is a ropy of a letter dated July 10th from eittorney James F. Farley acting on behalf of his client Francis t7. Aane of •84 Londonderry Road, Liarblehead, In ,which he protests against the storage of loam by Thomas liackey and Sons in an area just off Leggs Hill Road. As a result of my investigation I ' found that stat•enents contained in Lir. Farley's letter are correct. That is, loam is being , trucked to this location and stored in an area zoned as General Residence. However, there is a question in my mind as to whether or not the local Zoning Ordinance is broad enough to prohibit the existing use, ha•ring in mind that this genoral area has been used for many years as a gravel pit, reiaoval of loan and other uses incidental to dirt removal. Will you kindly let me have your opinion lit citing, as soon as possible, as to whether or not the existing use is in violation of the Zoning Ordinance and I will proceed in accordance with your opinion. Very truly yours, Inspector of Buildings y JJO'R:LD ,Copy to Mr. Jambs Farley R R . C O P Y July 10, 1946. Mr. John J. O'Rourke Building Inspector, City of Salem Salen, Massachusetts. Dear Sir: In behalf of l'rancis W. Dane, residing at 84 Londonderry Road, Marblehead, Massachus6tts, I calf to your attontion. the fact that the firm of. Thomas Mackey and Sonsis using the premises. at Legg' s Hill Road, directly opposite the end of Londonderry Road and close to the Salem"- Marblehead boundary line for storing 'loam. This involves carting the loam to this location, piling it up, and then -carting it away. The authorities of the Town of Marblehead have determined 'that this location is in the City of Salen. It is zoned for general residence. It appears, therefore, that the use being; made of these premises by, the firm of Thomas. Mackey grid Sons is contrary to the Zoning Ordinance of the City of Salem. In behalf .of Francis W. Dane, I, therefore, respectfully request that you take such action as may be necocisary to cause this use of the above-described premises to cease forthwith. Very truly ,yours, (Signed) James E. Farley Attorney at Law F/em or . James E. Farley Attorney at Law 126 Washington Street Salem, Massachusetts Telephone 0212 July 10, 1946 Mr. John J. O'Rourke Building Inspector, City of Salem Salem, Massachusetts. Dear Sirs In behalf of Francis 'id. Dane, residing at 84 London- derry Road, Marblehead, Massachusetts, I call to your attention the fact that the firm of Thomas Mackey and Sons is using the premises at Legg's Hill Road, directly opposite the end of Londonderry Road and close to the Salem-Marblehead boundary line for storing loam. This involves carting the loam to this location, piling it up, and then carting it away. The authorities of the Town of Marblehead have determined that this location is in the City of Salem. It is zoned for general resi- dence . It appears, therefore, that the use being made of these premises by the firm of Thomas Mackey and Sons is contrary to the Zoning Ordinance of. the City of Salem. In behalf of Francis W. Dane, I, therefore , respect- fully request that you take such action as may be neces- sary to cause this use of the above-described premises to cease forthwith. Very truly yours , F/em t orney at Law July 11, 1946. Mr. James L. Farley 126 Washington Street Salem, Mass. Dear :sir: For your information I am attaching a copy of ray letter to City Solicitor James Kinsella regarding, the storage of loan by Thomas ?lackey and Sons at Leggs Hill Road. In the eirent that Mr. Kinsella determines that this is a Zoning violation, I will arrange to take steps at once to have, the condition corrected. Very truly yours, Inspector of' Buildings r r JJ0 R:LD C O. Py July 15, 1946 Mr. John J. O'Rourke Inspector of Buildings City Hall Salem, Mass. Dear Sir. : I have your letter, with copy of letter from Mr. Farley to you, in relation to the use of certain land in an area just off Legge Hill Road for the storage of loam by Thomas Mackey and Sons. Section 26, Chapter 40, of the General. Laws, provides that a aoning ordinance shall not apply to the existing use of any buildings or structure or of land to the extent to which it is used at the time of the adoption of the ordinance or by-law. If the area under consideration was used for the storage of loara at the time when the local zoning ordinance was adopted , and ha:: so c6ntinued to be used to the present time, it is riy opinion that said .Section 26 would apply to the situation and that the use for the above purpose is legal and is not a violation of our zoning ordinances. The question as to whether or Act such use has been continued from a period before the acloption' of a aon`ng ordinance Of Cour^e is a question of fact conceruins; which I assuiae you will satisfy yourself as far as ,you are able to do se. Very truly youra, (Signed) James Kinsella City Solicitor JK/M 1 July 189 1946, Mr. James 19. Parley asttorne--r of Lary li 6 Washington Stroet . Belem, Hass. Dear :lir: ' Confirming my telephone convoys tion with you today, attached is a copy of City Solicitor James Linsell.a`s letter containing; his iupinion from a zonirtgg standpoint regsardin ; the crtoruge of loarl by Thomas Itackey rurd Sons ;just off Leg; ;s Hill Road.. Today I talked to' Ur. Ltaekey regarding this condition erne, it his contention that the property involved has been used for many years for the exeovation of grairel, storeu;e of loam and other uses incidental to the oper%tion of a gravel pit and that the continued anti existing; uoe is riot in violation of the Zoning Lairs. Ho*neve;, I;r. Mac}icy has agreed to cooperate as far as possible with his nei'glibors and will arrange for the future :storage of loam inan area thrst will not be objectionable. St seems to me that this may prove to be a satisfactory practical returner to solve this particular problem rather than beoome involved in a long; drawn out court case to determine the fruits from : legal standpoint. VR.r;r trul�r yours , Inspector of Building's JJU'R:LD o t July 19, 1946. Mr. Janie s Kinsella 81 Isashin'Alton Stregt Salem, Mass . Doar Sir: For vour information, attarhnd , is a ropy of ny letter to Attorney James E. Farley re;Mrd _nr, tho storage of loam off LFA; j^ Hill Road. � Very truly yours, Inspector of Buildings JJO*R:LD July 19, 1946. Thonas Mackev and Sons 265 Canal Street Salem, mass. Gentlenen: For your information , attached is a copy of my letter to Attorney Jams r. Farley regarding the storage of loan off Leggs- Hill Road. Very truly ,yours, Inspector of Buildings JJQ'R:LD i Ctg of Sttlrm, Massar4uortts ilAttrb of 1Wett1111 5 3. Ettplttn. 46. D., tlllttirmttn Xv4n J. JAAmeg. D.64- 9�. 9Clttrritt TounliP, X. N. gy.si,h�.4gen1 31AAP}7l1 �. iRt112ttYD 31. Robert 64av lnPAsg. M. D. Milbred (ff. MoullAn, E. X. Enberl 131rah4AYn May G, 1975 ?Effie :fflnri3Anald Mt. John B. Powexs Building Impecton 5 Broad StAeet Satem, MA 01970 Deax SiL: A comptaint has been Keceived in negaxd to the phezent use o6 phopeAty owned by Thomas Mackey 9 Sana on Leqqs H"iU Road. Undex. "Non con6o un.ing use", what can the paopexty owned by Mackey be used {oit� tW tocati.on? We a,%e taking action by nequesti.ng Thoma, Mackey 9 Sono to remove nubbi6h which has been dumped on theix. pnapenty. An eaAty %epty Witt be appreciated. Vehy tfuaty your, Reply to: FOR THE BOARD OF HEALTH JOHN J. TOOMEV D.S.C. - Colin E. Camehon R.S. Heaeth Agent Sen ioh San itax i.an /b N: Councit2on PeteA P. Boutey, 3 112 Meadow StAeet, Salem OBUILDING TELL PMDME 631-4056 . FFICE OF ll' PT y j s Nvard of Pte cd mPtt WILLIAM C. CONLY,CMgip NqN A B 6 0 T HALL OCT 15 354 PFI 97q ' TNOHABA.JDRDAN ARNOLD W.ALEXANDER M ARBLEM EAD, MA9TYRRECEIVED S(E LIEVED JAMB N.SKINNER JOHN H.WHIPPLE S ' MASS. GEORGE B.SNOW, C'... ' October 24, 1974 Hon. Jean Levesque Mayor, City of Salem City Hall Salem, Massachusetts Dear Mayor Levesque: i The Board of Selectmen of the Town of Marblehead have instructed me to communicate to you their concern over the use of the land owned by Thomas Mackey & Sons, Inc. , off Leggs Hill Road. I have already advised the Board of Selectmen and the owners that dumping, storing and removing fill constitutes a violation of the By-Laws of the Town of Marblehead. It is our impression that these activities are violations .. of the Ordinances of the City of Salem, and if so, it would seem desirable that both communities cooperate in an effort to eliminate these violations. I would appreciate speaking with your representative at his earliest convenience. V 91 truly yours, E Lawrence' J. Markell, Assistant Town Counsel, Town of Marblehead LJM/wer cc: City Council-Salem C tv of 'Salem, 'Mtt6RUTA1 yp Firt %partmrnt 'Era�h�atAef IV NOTICE OF FIRE CODE VIO6 Mq$S Owner, Occupant or Violator T. Mackey and Sons, 58 Broadway, Salem.R,: Location Of Violation Land off Leggs Hill Road , Salem, Ma. Date of Violation May. 28, 1981 Time: 10100 A. M. As a result of an inspection or an incident observed by an inspector of the Salem Fire Department, the following violations of Mass. Genera Laws and/or Salem Fire Code were found to exist, as follows: Violation of .Salem Fire Code and Massachusetts General Laws, by permitting the open burning and accumulation of debris, situated on land under .your control. Six fire incidents have been recorded this week at the site. Said area has become an open dumping ground for combustible materials and is in violation of health zoning and ire laws. Salem Fire Code Article 1, Section F-1 0. 0 Violation of Massachusetts General Laws. Chapter 148, Section 5. M. G. L. I F. P. R. or Salem Fire Code TYPE OF NOTICES r 1. Warning Notices 2. Court Action Notices 3. Violation Ordered to Cease Immediatelys X 4. Violation to be Corrected Within Days of This Noti 5. Return Written Report of Corrective Action to be Taken, Requested. 6. Contact Fire Prevention Bureau, for re-inspection. 7. Contact Fire Prevention Bureau, for hearing. X Notices A record of this violation has been placed in our files and may be a basis for furthur actions, as the legal need arises. Such furthur action shall- be taken as the law requires, for failure to comply, with any of the above requirements, within the stipulated time. (References Mass. General Laws, Chapter 1481 Section 30. ) Method of Services Dates May 29, 1981 Times 2: 00 P.M. Hand Delivery Regular Mails Certified Mails Cert. # P05-0384583 Receiptegest d X Per Order of�t�-�l Title Sale Fire Marshal ccs Salem Health Dept. Salem Conservation Commission Mass. Dept. of Environmental Quality Engineering � . Salem Building Inspector file pArm P7(,p (Rov_ 1 /7P ) Certificate No: 475-09 Building Permit No.: 475-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that -BUSINESS BUSINESS located at ------------------- --------------------------------- Dwelling Type LEGGS HILL ROAD- ----------------------------------------------- in the CITY OF SALEM ---------------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY POOL AT YMCA NORTH SHORE This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ------------- Issued On: Mon Aug 10,2009 --- --------------- - - - - - 11 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. ------------------------------------------------------------------------------ ----- ------------ ---------------------------- ---------- ------- LEGGS HILL ROAD_ 475-09 GIS#:- X7441 l COMMONWEALTH OF MASSACHUSETTS Map:: 30 `Block: -1 CITY OF SALEM 'Lot: 0083 'Category: Pool `Permit# 475-09 n BUILDING PERMIT Project# JS-2009-000779 a !Est. Cost: $0.00 .� 'Fee Charged: $0.00 :Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: :Const. Class: Contractor: License: Expires ,Use Group: Groom Construction CONSTRUCTIO SUPERVISOR-060887 ;Lot Size(sq. ft): 777981.6 !Zoning: RI Owner: YMCA OF THE NORTH SHORE,INC Units Applicant: Groom Construction jUnits Lost: AT: LEGGS HILL ROAD ,Dig Safe#: ISSUED ON: 16-Dec-2008 AMENDED ON: EXPIRES ON: 16-May-2009 TO PERFORM THE FOLLOWING WORK: COMPLETE INDOOR POOL &RELATED CONSTRUCTION PLEASE REFER TO ORIGINAL PERMIT#460-07 FEE PAID ON ORIGINAL BUILDING PERMIT POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric 04;,7X r1l11?�.L s Plumbing Building Underground: Y111P1 nderground: Underground: A`( Excavation: Service: Meter: 1 Footings: Rough: gh: � �� Rough: Rou Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire He!Ah Insulation: Meter: Oil: / r f p Final House# Smoke: Water: Alarm: ASSeSSOr Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VNt45hAF_1ZW OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: . Date Paid: Check No: Amount: BUILDING REC-2009-000908 16-Dec-08 x $0.00 GeoTMS©2009 Des Lauriers Municipal Solutions,Inc.