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57 LORING AVENUE - BUILDING INSPECTION t � 57 TARING AVENUE Certificate No: 773-08 Building Permit No.: 773-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ----------------------------------------------------- Dwelling Type 57 LORING AVENUE in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(57 LORING AVENUE) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires _ ... ....... ................._ unless sooner suspended or yoked. Expiration Date ------------ _._ - - -- - ------------------- Issued ----- --_._.Issued On:Thu Feb 28, 2008 - GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ----------------------------------------------------------------------------- r, �1 �.Co�tTA 4' V3Qvf AD CITY OF SALEM BUILDING PERMIT 57 LORING AVENUE 773-OS Gil ' 397 COMMONWEALTH OF MASSACHUSETTS Map:: 3z Block: CITY OF SALEM ,1 ' ' ' Lot 0146 Category: REPAIRREPLACE Peat# = 773-08 BUILDING PERMIT ProjectJS-2008-001201' Est. Cost. $95,000.00 Fee Charged: $1,050.00 B,,lance Due: ' $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: Groom Construction CONSTRUCTIO SUPERVISOR-060887 -T•...Lot S124sq.`ft.- 2340.7604 Zoning: RI Owner. LORIlVU AVENUE REALTY TRU T,VALASKATGIS A, VAL`ASKA CGIS Units Gained: Applicant: Groom Construction Units Lost: AT: 57 LORING AVENUE Dig Safe#: ISSUED ON: 04-Feb-2008 AMENDED ON: EXPIRES ON: 04-Aug-2008 TO PERFORM THE FOLLOWING WORK: NEW PARTITIONS AND(2)NEW TOILET ROOMS jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: ;4-= ,tom/ I Rough: ' 7—0" R gh: �( Rough:('�2 j7/� vti Foundation: / Final: al: ,J\ Final) ,�f__ Rough Frame: Fireplace/ ti ncy: D.P.W. Fire (� Health atio Meter: - Oil: (M Insulr House# ©� Final* T ea, ry: i Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOL I OF ANY OF ITS RULES AND REGULATIONS. i Signature: 1 Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING - REC-2008-001566 04-Feb-08 1230 $1,050.00 IIIARQi�3 Af�tT At>. it7 e'Yl 4 ! upon complabon of mik,pulse all GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. l �{/" YSOYE •C 1�� CITY OF SALEM BUILDING PERMIT < DECISION ON PETITION OF ARTHUR VALASKATGIS FOR ACIT`r C!-E:c,,.` nr it-irr VARIANCE FOR 57 LORING AVENUE-, SALEM SA__ A hearing on this petitioner was held September 21 , 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said hearing was sent to abutters and others and notices of the hearing was properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him .to construct an auto parts business in this R-1 district. The Variance which has„been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner, an c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. On the basis of the evidence presented at the hearing, and after viewing the plans, the Board of Appeal makes the followning findings of fact: 1 . The property is a large, undeveloped lot on the edge between a - residential and a cocmmercial area; 2. These special conditions do not generally affect other lots in the area; 3. The property has been an empty dirt lot for about fifteen years, and has not been put to any constructive use for. at least that long; 4. The proposed use of the property would be permitted across the street under the present Zoning Ordinance; 5. The abutting property to the south (the Housing Authority) and the commercial nature of that portion of Loring Avenue makes it impractical to develop the property for residential use. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the sante district; 2 Literal enforcement of the provisions of the Zoning Ordinance would ' YFECISION ON PETITION OF ARTHUR VALASKATGIS FOR A VARIANCE FOR 57 LORING AVENUE 3. Disirable relief nay be granted without subbstantialdetriment derogating to the public good and without nullifying . from the intent of the district or the purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a Variance to construct a new auto parts business at 57 Loring Avenue, as shown on a plan submitted to the Board, provided that: 1 , rfhe premises be landscaped, including trees and shrubs; 2. There be a five (5) foot high solid wall or fence or compact evergreens on the side and rear lot lines; and _. . - -. 3. There be a green area between the sidewalk and the parking area iri . the front. U. { ! � 1 1 Scott E. Charms, A C-Dct�rlg Secretary ELi is rN co Z5 APPEAL FF.-W THIS DECIS10:1, i= ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE TAASS. C E::F.£AL LAWS. CNA?TEC ECB, 0M SHALL BE FILED 30 DAYS AFTER THE DATE OF FILING -" OF TOTS DEC:Si0ti Ii: MT OFFICE CF THE CITY CLERK, r'•I:T:':.':t .O S1.SSS. GE...^.:'_ T.'i'!„ -P-.1 EC3. SECT!O:I 11, THE VARIAiZF O' C 'AL FERIMT - L .�.. V'!ALL - ,,. - .,..A_L C;. T:.',_ EF�iCT L:� it A C^.."Y OF '.He-^ECIiiO.i. SL4t7.:i:,; T'rPE CE4T- FI;;ATiO:1 OF THE CITY "LEEK 1-!A_, 2O DAYS HAVE r 5'-E:J 'VO C.'' AF?iAL HAS .' . LR .TH. , F SUCH AN AMAL I!,", _c.. FiLE. 7XAf , &'.> M11 O:S.'4: SER R ,.... _ is " RECCRCED IN TIIE SOYCH ESSEX REL:STR'. OF CuOS A:* INMED L4:CER THE N�::E Ci THE .,ii."Ee . OF RECORD OR IS RECORDED A[10 149iED ON THE 0.3NER'S CERTIFICATE OF Tr__E. - BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE pLAN`IING BOARD AND THE CITY CLERK 3 Of of TTzaltU r r rt A. � NOVEBER 14, 1979 SALEM. MASS_ DECISION ON TIM PETITION OF AP.THM VALASi;ATGIS CONCEFLYING PROPERTY LOCATED AT 57 LORING AVE\+LE IN AN R-1 DISTRICT, A hearing on this petition was held on November 14, 1979 with the following Board Members present: James Boulg�r, Jr. , Chairman; Douglas Hopper; John Nutting; Joseph Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and 'others and a notice of the hearing was published in the Salem Evening News on October 31, and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A. Mr. Boulger withdrew from the voting on this petition_ Arty_ George Vallis represented the petitioner before, the Board. The petitioner is requesting a variance to construct a new commercial building for use of retail sales of automotive parts and supplies, Atty. Vallis stated that this, is not a true residential area although zoned so. He felt relief was warranted as the site is directly across the street from a B-1 District. It has been vacant for 10 to 15 years, and no one would be interested in putting'a house on this particular site, as the area is too commercial. The present residential zoning wherein subject property is situated is uncharacter istic-zof immediate neighborhood and is impractical to develop for residential use. Property is bounded to the South by Housing Authority apartments; to the East by Housing Authority and Salem State College; to the North across Loring Avenue by Business 1 Zoning; to the West by Residential and Industrial Zoning. Proposed use is a permitted use across the street and is an appropriate use in that area. Petitioner would install sufficient green area as a buffer zone between abutting properties. The Petitioner stated that the parking as shown on submitted plans would be s trickly- for business use and that landscaping would include trees and shrubs. Small electric machines would be used inside the proposed building_ The Board voted unanimously to grant the variance requested. The Board found that due to the existing commercial character of the neighborhood that any potential use permitted in an R-1 District would be unrealistic and that a hardship does exist and that it could grant the variance without derogating from the intent of the Salem Zoning Ordinance. TPEAL FROU THIS DECs'>:O:t. i.'- A`:?. SPI:`LL 5E VACE PCCSCANT TO SEM IN 17 OF THE MASS. IE\:RAL LAI.-S. CEI:FT:R 6-:. .1X9 SHALL 8E F"M 91'N I ?C DAYS Ar%ER THE CU: OF FILING 1'r THIS DE !S:OX Y. THE i:r THE CITY CLERk. TC :'.i'.^.3. "_«5-Rk! ^. SE:'.i:i :.. TRE L'AR::'iCE U S'�:!,L PER:.JT A Ci Tiri—,.ti. . .,A'G'.: -HE CERT. FI;ro .: il; . G SU:❑ .2i i..''P zi. •�'.. _ .`IfY i.^.`1i IT, .. .. r.4: n1,..• n .n _ `• J � F ....,:it ... N. __'JiH H>Si.i:. .... ... I:ES�. ,.. ...i'E:i CD+L'.._-.i w:�+i... _ r �:'lL•U/-itVC4! /'�"�[_'Y•�l�-Y OF C:CC•'.0 CR IS UCORu:D A:C~:J:O Gil+Till C:;NER'S CERTIF:CAS: OF TI%E, • DOAglas,/Hopper '*- Acting Secretary BOARD OF APPEAL VARIANCE GRANTED A rnvv nr TuTc nrrTCTr)N' UAC vrr,• c Yrn �,rT`rTi •rirc n, n•n••r.•r •`n�•.n �.•n •n++n nom..-- ..++....,. Ctv of 5akm, aSBMIJuS-e#t M PIIarb of A}T t Noy CITY urFICE NOVEMBER 14, 1979 SALEM.MASS. DECISION ON THE PETITION OF ARTHUR VALASKATGIS CONCERNING PROPERTY LOCATED AT 57 LORING AVENUE IN AN R-1 DISTRICT.. A hearing on this petition was held on November 14, 1979 with the following Board Members present: James Boulger, Jr. , Chairman; Douglas Hopper; John Nutting; Joseph Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and 'others and a notice of the hearing was published in the Salem Evening News on October 31-; and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A. ' Mr. Boulger withdrew from the voting on this petition. Atty. George Vallis represented the petitioner before the Board. The petitioner is requesting a variance to construct a new commercial building for use of retail - .. sales of automotive parts and supplies. Atty. Vallis stated that .this is not a . true residential area although zoned so. He felt relief was warranted as the site is directly across the street from a B-1 District. It has been vacant for 10 to 15 years, and no one would be interested in putting a house on this particular site, . . as the area is too commercial. The present residential zoning wherein subject property is situated is uncharacter- istic of immediate neighborhood and is impractical to develop for residential use. Property is bounded to the South by Housing Authority apartments; to the East by Housing Authority and Salem State College; to the North across Loring Avenue by Business 1 Zoning; to the West by Residential and Industrial Zoning. Proposed use is a permitted use across the street and is an appropriate use in that area. Petitioner would install sufficient green area as a buffer zone between abutting properties. The Petitioner stated that the parking as shown on submitted plans would be strickly for business use and that landscaping would include : trees and shrubs. Small electric machines would be used inside the proposed building. The Board voted unanimously to grant the variance requested. The Board found that due to the existing commercial character of the neighborhood that any potential use permitted in an R-1 District would be unrealistic and that a hardship does exist and that it could grant the variance without derogating from the intent of the Salem Zoning Ordinance. APPEAL FROM THIS DECISION, IF ANY, SHALL 9E MACE PURSUANT TO SECTION 17 OF THE MASS, - - GENERAL LAWS, CHAPTER 303, AND SHALL 9E F:LED WITHn 20 DAYS AFTER THE DATE OF FILING - - OF THIS DECISION IN THE OFFICE Or THE CITY CLERK. PURS.ANT TO ,.ASS. CE^ ". ' "'S. CHAPTER SO$ SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN. SHALL i J. Ti.itl ZIFTEUI UNTIL A COPY OF THE JECISMiN SEAMN3 THE CERT. FICATION OF THE CITY CLERi; TS a� 2 DA'S HAZE ELAP-_D -Ni) N13LAPP .L HAS OEEN FILED. OR THAT. IF SUCH AN APPEAL- HAS c cy F'I°O1FAi IT riAS 3 t"' "s.�lSi O CR DENIED IS /, RECURU.O IN THE SOU1H ESSEX RE.ISIRI CF DEES AND INDEXED UNDER THE NAiME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE. DouglasJHopper v y Acting Secretary .BOARD OF APPEAL VARIANCE GRANTED A COPY OF THIS DECISION HAS' BEEN"FILED WITH THE PLANNING BOARD AND THE CITY CLERK. " (91'1 of �&Jem, � ttssnrjjn Etts A.- = '84 ,1111. -2 > ; Pearb of e I . E _r'r' .. DECISIO�4N T(OV ,THPETITiOfc 014 OF ARTHUR VALASKATGIS FOR A SPECIAL PERMIT FOR 57 LORING AVE. , SALEM (R-1 ) A hearing on this petition was held on June 20, 1984 with the following Board Members present: Edward Luzinski, Acting Chairman, Mr. Strout, Associates Members Bencal and LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laois Chapter 40A. Petitioner is requesting a Special Permit to extend a nonconforming use by allowing a convenient supermarket in this R-1 district. The Board of Appeal, after careful consideration of the evidence presented at the public hearing and after viewing plans submitted of the property and the proposed construction,makes the following findings of fact: 1 . Neighbors were in substantial opposition; 2. The Planning Board opposed the proposal because it does not conform to the City's Master Plan. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of the premises will be substantially more detrimental than the existing nonconforming use to the neighborhood; 2. The granting of the requested Special Permit will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the zoning Board of Appeal, by a vote of three to one, voted against the granting of the petitioner's request for a Special Permit. SPECIAL PERMIT DENIED Peter Strout, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO'd THIS D£CIS:ON. IF ANY, SHALL BE LIADE PURSUANT TO SECTION 17 OF THE fSASS. GE'if.!',AL !A.4S. CHAPTER SOO, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING CF i. .? !I-M!.rN IN THE OFFICE Oi'. NE CiT'f CLEM F .. .... CE::fRAL L467S. CIIAP'E.". E]:. SCCT101 11, THE F7"AT i. .;. SP.,LL fX T?,,".E EFFECT U�:T:L .A COPY OF T3!: r.. .. ;.F ::!E WY CLER:'. T:!A.: 20 DAYS HAVE ELAPSED AG:j _i. 'i;(!! ;-N APPEAL HAS WEN F!.E. THAT IT Ht.S UFCf: U. . . i',j': THE S.UTH ESSEX CESIS'MY CF DEERS AND INDEICD c':is a' TH£ i:,..Z OF IbE C:R:ER C"r ii:C::rJ UR I$ RECORDED AND NOIED ON THE O'ilNER'S CER1irlCr�it Oi TITLE. BOARD OF APPE,11. Tito of '**ttlem, massur4usetts public trnpertg Department iluilhing Ilepartment (One Ontem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property inspector of Building Zoning Enforcement Officer November 21 , 1997 Loring Avenue Realty Valaskagis A/Valaskagis Anna Tr . 15 Willow Avenue Salem, Mass . 01970 RE: 57 Loring Avenue Dear Mr . Valaskagis : I have been requested to enforce the City of Salem Board of Appeals decision granted you on September 21 , 1983 , with three conditions : 1 . The property be landscaped, including trees and shrubs . 2 . There be a five ( 5 ) foot high solid wall or fence or compact evergreens on the side and rear lot lines . 3 . There be a green area between the sidewalk and the parking area in the front . A copy of the City of Salem Board of Appeals is enclosed. If you should require drawings that were submitted on the September 21 , 1983 meeting, I have copies in my files . Please contact my office upon receipt of this letter so a resolution can be agreed to as to when these conditions can be completed . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay, Zoning Enforcement Officer LET: scm cc : Councillor Blair , Ward 7 KoID1T. (fit of igtttem, mas,sar4uutts (Office of the Titg Ulounril Titq )call 9e��n�ne WN COUNCILLORS-AT-LARGE SCOTT J. MCLAUGHLIN WARD COUNCILLORS PRESIDENT DEBORAH E. BURKINSHAW 1997 1997 CITY CLERK PETER L.PASKOWSKI THOMAS H.FUREY REGINA R.FLYNN KEVIN R.HARVEY JOHN J.DONAHUE SCOTT J.MCLAUGHLIN LEONARD F.O'LEARY STANLEY J.USOVICZ,JR. WILLIAM A.KELLEY SARAH M.HAYES MARK E.BLAIR November 19 , 1997 Leo Tremblay, Building Inspector City of Salem Salem, MA 01970 Dear Leo: Enclosed you will find a decision made by the City of Salem Board of Appeal dated October 14 , 1983 concerning property located at 57 Loring Avenue . Could you please research the conditions on page two (2 ) and enforce items 1, 2 , and 3 to determine if the owner is supposed to be in compliance . Thank you for your attention on this matter, and I would appreciate a copy of any correspondence. Very truly yours , MARK E. BLAIR COUNCILLOR WARD SEVEN Enclosure '83 UPI 14 P3Au DECISION ON PETITION OF ARTHUR VALASKATGIS FOR ACITY r" VARIANWE FOR jj LORING AVENUE, SALEM Sil`_ _ . . _ A hearing on this petitioner was held September 21 , 1933 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Lucinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said hearing was sent to abutters and others and notices of the hearing was properly published in the Salem Evening News In accordance with Massachusetts General Laws Chapter GOA. Petitioner requests a Variance to allow him to construct an auto parts business in this R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would il - volve substantial hardship, financial or otherwise, to the petitions^, �- c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance- On rdinance.O.n. the basis of the evidence presented at the hearing, and after viewing the plans, the Board of Appeal rakes the followning findings of fact: 1 . The property is a lame, undeveloped lot on the edge between a residential and a commercial area; ?. These special conditions do not generally affect other lots in the area; 3. The property has been an empty di.rt lot for about fifteen years, and has not been put to any constructive Use f0_r, at least that long; 4. The proposed use of the property would be permitted across the street under the .resent Zoning Ordinance,- 5. The abut�in„ property to the south ( the Housing Authority) and ''the commercial nature of that portion oI' Loring Avenue makes it i'aractic.aj to develop the property for residential use. On the basis Of the above fi.n.„`'_`gs of fact and on time evidence presented at the `caring, the Board of Appeal concludes as follows: 1 . Special conditions and circumstances exist which especially affect the land, Wilding, or structure involved and which are not generally affecting other lands, buildings and structures In the same district; enforcement of the provisions of the Zoning Ordinance would n =: ,MIT DECISION ON PETITION OF ARTHUR VA` ASKA GI(� OR 1' L:IJ�:II J_J IAV. A VARIANCE FOR 57 LORING AVENU - 3. Disirable relief may be granted without substantial detriment to the public good and without nullifying or Substantially derogatins from the intent of the district or the purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a Variance to construct a new auto parts business at 57 Loring Avenue, as shown on a plan submitted to the Board, provided that: 1 . The premises be landscaped, including, trees and shrubs; 2. There be a five (5) foot high solid stall or fence or compact evergreens on the side and rear lot lines; ant 3. There be a green area between the sidewalk and the parking area in'. the front. 4 L i LLI to ; Scott E. Charnas, Acting Secretary i� APPEAL FP,O'.1 i,yiS 'E: (:= ANY. SHILL eE '!ADE PU4S7ANT TO S-CT(TI II OF THE t4ASS. GENERAL LAWS, Cimp E" £.J, Alac,,, 9E FR win . OF TT: o "US In T" o `CE .F THE CiT',o CL:r{.t '0 G;aYS n?z$ THE GA:G OF n uYm DR ME I, Otani:, .S OF . ..,,,;D 3E :ui . AJ ..r Oi TiE v, _4ono rCE� G ° . .._.. SOAPo OF APP.M- n COPY EC-.. ION _ - - WITH Titin ( ING 1R r♦ OF THIS DECISION .:.iJ ?a:'.`: FILED :... P..AFi:`ii::u BO::..� ir1Q THE �j �, �� 00, BOARD 0j' APPEaOS t� r 2 37 pi °Ui Cl i� Or SA! = ?, i ASS. -_=- - �_ • �uDerior Cour_ Doo` . . C. Vll Action No. FC7, ..CARING ON I % Now comes the Plaintiff, Arthur Valaskatcis, rursuant to Rule 58(a) L o` the Massachusetts Rules of Civil Procedure, and moves this Honorable Court to schedule a :erring on the form that the judgment in this action should take and to cider that iudnment enter in the forr attached hereto. By the' P,I n is Attornev � l GEORGE . LIS-, ESQUIRE ' ONE CHURCHJSTREET SALEM, MA. 01970 _ (617) 745-0500 I - i ASSENT TO BY DEFENDANT'S AY I -11ICHAFL E. O'BRIEN / CITY SOLICITOR .I CITY HALL, 93 ;1ASHINGTON STREET - '! SALEM, MA 01970 A TRUE COPY .A11ESi .i (617) 744-3363 ��}yEFUTY`ASSIaTANT CLERK - 'i .... Tao- n. b `�"`-� i '' > -..y `" s;' •:.... �.-; d }5 uti CODIKKEAL7H of ..;SSAC: USETTS Essen, ss. Superior Court Dent. i� Ciei]. Action No. 84-1735 n,v li \{ Plaintiff v I � cons=r JuDrZ+FST 4I EDWARD LUZINSKI , et a.ts, ) r y iS THEY P.FB f+Ef'?EF:S GP Tr.iE ) .fr'I:FD OF APPEAL CP THE ) CITY OF SALEM, ) Defendants ) ii It is hereby agreed :cy all parties that Consent Judr;ment shall be entered in the appeal from a decision of the Citv of Salem Board of Anneal , ' I denying the Plaintiff ' s Petition recuesting the Board to issue a Special r>. permit to allow the use of a convenient supermarket within an ex_=tinc r II huil&nq situated :,t 57-Lorin-;-Avenue, Saem, and that the contested \. —_^ decision of the Defendant Board of Appeal be amended and that its decision O= wf'. it Le er arca q� nt- q a Special Permat with the following conditions: 1 'hay: the Special Permit to be cram ed to the Plaintiff, Arthur "alaskatgis, by the Defendant Board of A.n_neai shall contain the following II conditions, that the Plaintiff agrees to: I _ (a) That the hours of operation o= the convenient suoezmarr.et Ij business be limited from 6:00 a.m. to 11:00 _ (b) That no alcoholic beverages be sold on the premises. I, i (c) That compact evergreens be planted on the side and rear lot line. jiA RUE 02n, it;`ii.. DEPUTY W i nh VERK { _,_ I I i I That any lighuinq to be installed on the exterior of the A I,j Fromioes sha1..1sh_^.e towards the building. ! �! ARTHUR VQ8EjA.TGIS, Plaintiff I� by his attorAey, I �( GEOPGE aj vArLIS, ESQUIRE ONE' C URyTnH STREET� SALEM, AA 01970 { (61.7) 745-0500 CITY OF SALEM, �! BOARD OF APPEAL, Defendant,--,..:{---` � by ,tta attorney, i J _�- MICHiA_EL E, O'HRIENT- �I cIz^Y SOLICITOR i CITY HALL t Y 93 WASHINGTON STREET SALE'n' rlA 01970 ;1 (67.7) 744-336's 1 I ;i 1 i! j a I� I I! y . t,'.COM0,4� 0' v � MICHAEL E. O'BRIEN a LEONARD F. FEMINO CITY SOLICITOR °L9 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745.4311 745.4311 744.3383 921.1990 Please Reply to 81 Washington Street Please Reply to One Broadway January 22 , 1987 James B. Hacker, Chairman Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 Re: Valaskatgis v Luzinski, et. als . Essex Superior Court #84-1739 Dear Mr. Hacker: Enclosed for your records please find copy of judgment in the above matter. V)h� ruly yo s; Ml E. O' B ' City Solicitor MEO/jp Enclosure i COMMONWEALTH OF MASSACHUSETTS i i Essex, ss. Superior Court Dept. j Civil Action No. 84-1739 J ARTHUR VALASKATGZS, ) Plaintiff ) VS. ; CONSENT JUDrMENT EDWARD LUZINSKI, et als, ) (� AS THEY ARE MEMBERS OF THE ) 00 ARD OF APPEAL OF THE ) CITY OF SALEM, ) Defendants ) tIt is hereby agreed by all parties that Consent Judgment shall be entered in the appeal from a decision of the City of Salem Board of Appeal, ( denying the Plaintiff's Petition requesting the Board to issue a Special y Permit to allow the use of a convenient supermarket within an existing building situated at 57 Lori g Avenue.-Salem`, and that the contested ,., :.,. :•;-i.e.-..:-.,.,4--'f<_ .- 1 decision of the Defendant Board of Appeal be amended and that its decision be entered granting a Special Permit with the following conditions: That the Special Permit to be aranted to the Plaintiff, Arthur Valaskatgis, by the Defendant Board of Appeal shall contain the following conditions, that the Plaintiff agrees to: (a) That the hours of operation of the convenient supermarket business be limited from 6:00 a.m. to 11:00 p.m. (b) That no alcoholic beverages be sold on the premises. (c) That compact evergreens be planted on the side and rear lot line. I j -2- (d) That any lighting to be installed on the exterior of the i premises shall shine towards the building. I I ARTHUR VAKATGSS, Plaintiff by his attor#ey GEORGE VAZLIS, ESQUIRE ONE CHUR(M STREET SALEM, MA 01970 (617) 745-0500 CITY OF SALEM, BOARD OF APPEAL, Defendant by attorney, MICHAEL E. O'BRIEN— CITY SOLICITOR CITY HALL 93 WASHINGTON STREET SALEM, MA 01970 (617) 744-3363 q' i 0 MICHAEL E. O'BRIEN LEONARD F. FEMINO �. — CITY SOLICITOR �.�ol g ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745.4311 745.4311 744.3363 921.1990 Please Reply to 81 Washington Street Please Reply to One Broadway January 22 , 1987 James B. Hacker, Chairman Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 Re : Valaskatgis v Luzinski , et. als . Essex Superior Court #84-1739 Dear Mr. Hacker: Enclosed for your records please find copy of judgment in the above matter. V)hael ruly your-2. ,J2_. I, ME. 0' B City Solicitor MEO/jp Enclosure COMMONWEALTH OF MASSACHUSETTS IIID Essex, ss. Superior Court Deot Civil Action No. -84-11739 ARTHUR VALASKATGIS, Plaintiff VS. CONSENT JUDGMENT EDWARD LUZINSKI, et als, AS THEY ARE MEPMERS OF THE ARD OF APPEAL OF THE CITY OF SALEM, Defendants CL It is hereby agreed by all parties that Consent Judgment shall be (JJ entered in the appeal from a decision Of the Citv of Salem Board of Appeal, denying the Plaintiff's Petition requesting the Board to issue a Special Permit to allow the use of a convenient supermarket within an existing building situated at;.57 Lorilig A-�enlje,,-�Sale-dj- and that the contested decision of the Defendant Board of Appeal be amended and that its decision be entered granting a Special Permit with the following conditions: That the Special Permit to be aranted to the Plaintiff, Arthur Valaskatgis, by the Defendant Board of Appeal shall contain the following conditions, that the Plaintiff agrees to: (a) That the hours of operation of the convenient supermarket business be limited from 6:00 a.m. to 11:00 o.m. (b) That no alcoholic beverages be sold on the premises. (c) That compact evergreens be planted on the side and rear lot line. i _2- (d) That any lighting to be installed on the exterior of the i premises shall shine towards the building. I ARTHUR VA TGIS, Plaintiff by his attor evf GEORGE P{ VAMLLIS, ESQUIRE ONE CHURCH STREET SALEM, P& 01970 (617) 745-0500 CITY OF SALEM, BOARD OF APPEAL, Defendant bY3ts attorney, ���IMZCFiAEL E. O'BRIEN CITY SOLICITOR CITY HALL 93 WASHINGTON STREET SALEM, MA 01970 (617) 744-3363 � c��r (�mmm�n�uettt#!� of l�tta�nri�u�p�ts ; a CITY OF SALEM In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION is issued to 5UF,ER5TAR, VIDEO ITgrxify that 1 have inspected the premises known as SUPERBTAR V'IDE(1 located at VIOL-57 I OR) NfR AVERII IF in the city of Salem County of Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BYSTORY Story Caa '�gN3� �5o?r� Capacity Story C�ed�+k � 6t °t7� 7G°L Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location RETAIL HTORE' 30 1ST FLOOR 19`37 A /0, i i 'Acl-7 QIZIQ Certificate Number Date Certificate Issued Date Certificate Expires Building Gfici.l The building official shall be notified within ( 10) days of any changes in the above information. VCiTiCOMMONWEALTH OF MASSACHUSETTS OF SALEM j APPLICATION FOR CERTIFICATE OF INSPECTION Date 5U 04} Fee Raqui& $ { } No FeR Req�sred In accordance with the provisions of the Massachusetts Stars`p!4uWing lode. Sec 108. i5. I hereby apply for a Certificate of Inspection for thek'lowrnamed�remises located at the following address: m m ' t7 c �� 3 rn Street 6 Number J 7 Name of Premises Purpose for which Premises is used OPEC) r1 '7�fjIL_ Licenses) or Permit(s) required for the premises by other Governmental Agencies: License or Permit Agencv Certificate to be issued to:— Address: _57 Z,01211 f 6- AI/ieF— Owner of Record of Building: ax j%Ue V AL45g Address: Name of Present Holder of Certificate: LAM r4lt 611PQQ Name of Agent. if aay..._ y // .o Si of Person to whom Certificate TITLE is i sue or his/her authorized agent T Hate �l INSTRUCTIONS: Day time phone 1. Make check payable to: The City of Salem 2. Return this application with your check to: Inspector of Buildings. City of Sal, Building Department. One Salem Green. Salem. MA. 01970. PLEASE NOTE: 1. Application form with required fee must be submitted for each building or strut of part thereof to be certified. 2. Application 6 fee must be received before the certificate will be issued. 3. The building official shall be notified within ten (10) days of any change in t. above information. THIS AREA FOR OFFICE USE ONLY CERTIFICATE I cj EXPIRATION DATE:N6 e r PERIODIC INSPECTION REPORT This form is to be completed each time a Periodic Inspection is made. At the time t1p� a new Certificate of Inspection is issued, a notation indicating that the fee been paid will he made to Application Form prior to the new Certificate of�speo�:on D being issued. Any changes since the last inspection are to be added to the-€ile card of the premises. Street b Number 57 L.6/` -h / 11 e, Name of Premises Suo&rs> oe 1/(4'yC0 'n Certificate to be issued to: Address ,rj'� Lo-iftl .. Ave Owner of Record of Building Aor -bo/- Address Purpose for which premises are used V �ILt� rYIJ _ Changes since last Inspection (required on file card also) 1. 2. 3. 4. 5. Date Order Issued: Order Issued To: Address Date Violations Corrected: REMARKS: I have this day inspected the above premises, and the same conforms to the pertinent requirements of the Massachusetts State Building Code and the rules and regulations pursuant thereto. //— a S- �'2 1 Date Building Official Certificate I �,(,t�~'t j Date Issued: Recommended Next Date Expires: Inspection: Citp of *stem, f15.5arbuattz Office of the Citp Council Citp 3baff m� COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS PRESIDENT 1999 1999 JOHN J.DONAHUE DEBORAH E. BURKINSHAW PETER L.PASKOWSKI THOMAS H. FUREY CITY CLERK REGINA R.FLYNN KEVIN R. HARVEY JOAN B. LOVELY SCOTT J. MCLAUGHLI N LEONARD F O'LEARY WILLIAM A. KELLEY SARAH M. HAYES MARK E. BLAIR April 29, 1999 Mr. Peter R. Strout Zoning Enforcement Officer City of Salem Salem, MA 01970 Re: 57 Loring Avenue Dear Peter: Enclosed, you will find material relating to our telephone conversation last week. The property at 57 Loring Avenue was granted a variance in the fall of 1983, with the specific conditions that have not been met. After fifteen years, I feel strongly that the listed conditions be enforced and not amended. Please note, I requested the previous Zoning Officer to enforce the law on this matter back in November of 1997. 1 thank you in advance. Very truly yours, �-��' C?�a6o MARK E. BLAIR COUNCILLOR WARD SEVEN �IN�Z 5' HIGH 5CREEMNG �• i V.75• iae.ham] to -IL CAI�lc Atl-m pikr5 PftopasED %NAP ' SroRE. �' Ga951II, Pa Ov03EC 011E S'-(,RTO 6'j DING 'vJ/aOMT � • � � MO..r 40++pU5 T�•fif CO.+yT UL T104 a(Q TSTir 10eDya� -FF � ... _ "`�6.`w,.{.� _,,,. rsi.: :�x��� v'va•.....i�P , . L I ted.: -- O ;z t ht o A V E N U E Exhibit A 1. PHOTO REPRODUCTION OF THE SEAL AND SIGNATURE BELOW IS INDICA77VE OF UNAUTHORIZED REPRODUCTION AND USE OF THIS PLAN. THE ENFORCEMENT AUTHORITY SHALL NOT ACCEPT A PHOTO REPRODUCTION FOR ANY PURPOSE. 2 THIS PLAN ISNOTTO BE USED FOR THE Ol y RECONSTRUCTION OF BOUNDARY LINES NOR �0 yQO��o FOR TITLE INSURANCE PURPOSES. 3. THIS PLAN DOES NOT REPRESENT A CONFIRMA77ON OF BOUNDARY LINES NOR A DETERMINATION OF 0Py��`CZ 777LE \P# F, �pJ 4. THE SOLE PURPOSE OF THIS PLAN IS TO DEPICT THE PROPOSED PARKING LAYOUT AND LANDSCAPING ISLAND AT THE FRONT OF.THE PROPERTY. NOW OR 5. THE SUBJECT PROPERTY IS DEPICTED ON THE SALEM FORMERLY ASSESSOR'S MAP 32 AS L07S 136 AND 146. NOW OR CITY OF O NOW OR FORMERLY FORMERLY � SALEM 6. RECORD OWNER OF THE SUBJECT PROPERTY IS AR77-IUR ARTHUR wi LORING AVENUE REALTY TRUST Y BK 1324T/S BK.L11324T/S PG. 413 PG. 413 SCHEDULE OF DIMENSIONAL REL,ULA7IONS: ZONING DISTRICT R-1 jj MME 0U A YLi M MINIMUM LOT AREA LORII�GR Tom' >14) 15,DDD S.F. . MAXIMUM LOT WIDTH 100 FT. MAXIMUM LOT COVERAGE 30% ' PEDESTRIAN WALKWAY MINIMUM FRONT YARD 15 FT. (LOCATION TO BE (18) SPREADING YEWS MINIMUM SIDE YARD 10 FT. DETERMINED BY OWNER) 6' ON CENTER MINIMUM REAR YARD 30 FT. 20 EXISTING CURB TO BE RESET 20_ T. � MAX/MUM HEIGHT OF BUILDING 35 F EXISTING CURB EXISTING CURB 71.92 (DEED) PR OPO D SIDEWALK a PROPOSED BIT. C. CURB f (14) BURNING BUSHES SIGN PEDESTRIAN WALKWAY' w ONE WAY 6' ON CENTER ONE WAY (LOCATION TO BE DETERMINED BY OWER) 14 SPACES STORY 2WED g q 6 a CONCRETE PAD OO� cm EXISTING NOW OR FORMERLYRE9ERWCER 1 STORY SALEM HOUSING AUTHORITY LOT 14B BRICK FACE & BK 3699 / PG. 370 LOCUS: BOOK 11324, PAGE 422 & 423 • CONCRETE BLOCK PLAN BOOK 78, PLAN 67 • O DEED BOOK 2312 PAGE 494 * DOCUMENTS,RECORDED AT THE ESSEX SOUTH REGISTRY OF DEEDS m NOW OR FORMERLY o ARTHUR VALASKATGIS 7 SPACES 74.55(DEED) 7 SPACES ! GRAPHIC SCALE 189.25(DEED) SCALE. 1`=20' . .FEET NOW OR FORMERLY 20 0 10 �^ 2� 40 80 FRANCIS W. CONNELLY NOW OR FORMERLY BK 9929 / PG. 242 SALEM HOUSING AUTHORITY METERS 0 5 10 20 30 BK. -3699 / PG. 370 CONCEPTUAL SITE ' PLAN OF LAN LOCATED IN, SALEM, MASSACHUSETTS (ESSEX COUNTY) PREPARED -FOR ARTHUR VALASKATGIS SCALE: 20' DATE. AUGUST 19 1999 WE R I D I A N ENGINE- ERING, INC. REVISIONS 98 HIGH STREET DANVERS,. MASSACHUSETTS 01923 TELEPHONE: .(978) 739-9130 (XRNo. 4CONRENPARKI� SHEET No. 1 ° OF 1 PROJECT No. 3384 (XREF.3384CONREC) NO. DATE DESCRIPTION BY CHI('D i �� ,"� • i '11 N T SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. 5ERAPINi. SR, TELEPHONE JOHN R. SERAFINI, JR. 978-744-0212 JOHN E. DARLING 7UI-5812743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 June 16, 1999 VIA HAND DELIVERY Nina V. Cohen, Chairperson Zoning Board of Appeal One Salem Green, 2"d Floor Salem, Massachusetts 01970 Re: 57 Loring Avenue Dear Ms. Cohen: This letter is to serve as an update on the progress made -by the property owner of 57 Loring Avenue, Mr. Arthur Valaskatgis. Since the last Board meeting on May 19, 1999, the following actions have been taken. A meeting between the owner's representatives, Councillor Blair, and members of the South Salem Neighborhood Association was held at the site on June 1, 1999, with the purpose of walking the site and discussing the potential types and locations of landscaping and fencing on the site. As a result of the discussions at the site, it was suggested to the owner that the front parking lot be reconfigured so as to create angled parking with a one way entrance and exit to and from the site. The idea of the angled parking would be to allow for the proper turning radius of cars backing out of parking spaces. Also, it was suggested at the site that a landscaped strip be created between the two curb cuts along Loring Avenue. As a result of these suggestions, which were made by the Neighborhood Association and the Ward Councillor, Mr. Valaskatgis has retained the services of Meridian Engineering in Danvers. Meridian will study the on-site parking and traffic issues and determine whether the angled parking is feasible. Meridian will also provide an accurate as built plan which will be submitted to the Building Inspector upon completion. Nina V. Cohen, Chairperson Zoning Board of Appeal June 16, 1999 Page Two Additionally, Williams Fencing Company of Marblehead has been retained to install fencing along the side and rear lot lines, as requested. The fencing can be installed once an overall landscaping plan is determined but, in any event, no later than August 31, 1999 . Mr. Valaskatgis is also receiving estimates from several landscaping contractors for the different proposals involving the property in an attempt to come up with a responsible long-range landscaping plan. I would like to reiterate the owner' s desire to work with the Board, the Ward Councillor and the Neighborhood Association in reaching an acceptable accommodation to all. We would be pleased to provide another update to the Board for its July meeting. Arthur Valaskatgis, By has Attorney, o ep}R C. Correnti JCC:dd cc: Peter Strout, Building Inspector Mark Blair, Councillor William A. Kelley, Councillor Olitu of '$ttlem, Httssttrljusetts ;•Q Paura of 'Apvenl July 22, 1999 Joseph C. Correnti, Esq. Serafini, Serafini, Darling and Correnti 63 Federal Street Salem MA 01970 Re: 57 Loring Avenue Dear Mr. Correnti: Please be advised that violations at the above property are uncorrected as of this date, notwithstanding the commitment undertaken by your client to correct traffic flow and install fencing and landscaping. The Board of Appeals feels that the current situation presents a significant safety hazard that cannot be ignored. Speaking for myself, I believe the Board is unlikely to grant additional time extensions to your client for completion of the required work. School begins for Horace Mann schoolchildren and for those who use the new Boys and Girls Club facility at Rainbow Terrace on September 8, 1999. The traffic hazard created by your client must be remediated before then. I am writing you this letter as a courtesy to inform your client that this matter will remain under active consideration by the Board until the work is completed. At our August meeting, we will take note of progress on the site. Further action by the Board against your client will be discussed at that time. Sincerely, 16� OAA Nina Cohen Chairwoman, Zoning Board of Appeals cc Building Inspector Strout Members of the Zoning Board of Appeals Councillor Mark Blair Councillor William Kelley Peter Strout Building Inspectors Office One Salem Green Salem, MA. 01970 Peter I am writing this letter to inform you of the situation at 57 Loring Ave. I am hearing murmurs like how come this project is not done. Does Arthur Valaskatgis intend on doing what he is suppose to do at this location & so on. Yes he intends on doing what he is obligated to do. It has been a real challenge to get someone committed to do this work. Every contractor I have contacted is so busy no one will commit to me. Our last conversation I think I told you I had someone to do this work but since that time I have not heard from him & he has not responded to my phone calls. In the meantime I have contacted several other contractors but they are just so busy they do not want the work. In response to all of this knowing the importance of getting this work done I have got Norman c/o Atlantic Paving to assure me that he can complete this project for me after some begging & pleading. Norman can not pin point a completion date but assures me he will take care of it, hopefully by mid November.-Sorry for the delay in this matter, but I do assure you it has not been overlooked. Sincerely,/ Paul Valaskatgis 24 Gables Circle Salem, MA. 01970 978-744-2621 (home) 978-741-8729 ext.133 (work) Peter Strout Building Inspectors Office One Salem Green Salem, MA. 01970 Peter I am writing this letter to inform you of the situation at 57 Loring Ave. I am hearing murmurs like how come this project is not done. Does Arthur Valaskatgis intend on doing what he is suppose to do at this location & so on. Yes he intends on doing what he is obligated to do. It has been a real challenge to get someone committed to do this work. Every contractor I have contacted is so busy no one will-commit tg me ,Our lastersation I think" I told you I had someone to do this work but"since that time I have not heard from him & he has not responded to my phone calls. In the meantime I have contacted several other contractors but they are just so busy they do not want the work. In response to all of this knowing the importance of getting this work done I have got Norman c/o Atlantic Paving to assure me that he can complete this project for me after some begging & pleading. Norman can not pin point a completion date but assures me he will take care of it, hopefully by mid November. Sorry for the delay in this matter, but I do assure you it has not been overlooked. Sincerely (� a4w-4.6 Paul Valaskatgis 24 Gables Circle Salem, MA. 01970 978-744-2621 (home) 978-741-8729 ext.133 (work) '1NG1"'� S' H1Gu SC R£ENiNG `, ..•,.,�� i 0.Y5' r'aoa 4•v• J •A 1v to T x1 Xx xa... 3p E CA.b+: f v b Fr7KTS PA6pp6ED cit�;a E SctRE i ,4 . f; Gi'755r. P40 p 03 EC. 011E $"—GRv 6v1 DWG 'W!B'�MT N ' + t � NOw• t0•+pV STA ptE COJSZ VCT10M O �,y - W/AUT Ua1wT 1C bJ41a+<LeQ Yslw, y"OSy1� •f1 1 U •' Xe1t•ear s•prrAlw i ii 12 n • 1s 1a i o O Qc E n n�- �c�5�rya•��.a �—� 1+15. .a. •c.3_�___ _� 1S6A0' 1a.OG Exhibit A i � 1 1 y i � City of Salem, Mass. ELECTRICAL DEPARTMENT s 44 Lafayette Street y�cumm PAUL M . TUTTLE ,CITY ELECTRICIAN DATE . . . . . . . . . . . . . . . . . . . . . . . . To: INSPECTOR OF BUILDINGS Salem, Ma s. Electrical Contractor ----------- ----- - -- --------- (Signature of Applicant) ?U) tJ ox -19 ?y 4-----------------------------------------------_------------ has signified their intention of performing the required electrical work Street in conjunction with a Wiring- of sign by: �^� LF1so�r ---f, _-_ i✓- ------------- sign Contractor -`-wk_--- s ............. ------------------- ISSUED BY This is a requirement, preliminary to the issuance of a permit for the s i g installation by the Inspector of Buildings. ORIGINAL-SIDEWALL INSTALLER PINK COPY-BLDG. INSP. YELLOW COPY-ELEC. FILE + City of Salem, Mass. ;A ELECTRICAL DEPARTMENT 44 Lafayette Street PAUL M. TUTTLE ,CITY ELECTRICIAN DATE . . . . . . . . . . . . . . . . . . . . . . . . To: INSPECTOR OF BUILDINGS_ Salem, Mass. Electrical Contractor -- (Signa{ure of Applicant) - ----------- ------------------- - --------------- L)ifj.r.it4.r� 1>Tq' -------------------------------------------------------- has signified their intention of performing the required electrical work —. Street in conjunction with a w r ng , of sign by.: /_ <' /----��,�-=-= - ---'^=ai - •-�--"-' -'---- - - - - - 5 i g Contractor ------------------------------------------------------- ISSUED BY - ----------/----------------------------------------------------------------------------- This -------------------------- This is a requirement, preliminary to the issuance of a permit for the s i gn installation by the Inspector of Buildings. ORIGINAL-SIOEWALL INSTALLER PINK COPY-BLDG.INSP. YELLOW COPY-ELEC. FILE ' :1'OS SITE Gi:SFN BUILDING ONDtI CITY OF SALEM SALEM, MASSACHUSETTS 01970 PERMIT •IMINE�� DATE T)Er.PIYlBr"*R Vl :a 1997 PERMIT NO. F`RFI--'I 997 APPLICANTIy'I R. NEON SIGNS ADDRESS71.54 RRT'r)GP STRPI:-T (NO.) (STREET) (CONTR'S LICENSE) CITY STATENA ZIP CODEQI I�17171 TEL.NO.q'7R-74IA—`iS 7 r,Tr4 MBEROF PERMITTOCTINST'RI Ir.T STEN NUELLING STORV.^�Tf"1Rt=�;- Mi-'Rf"ANiT'I'I 1= DWELLING UNITS (TYPE OF IMPROVEMENT) ( N0. ) (PROPOSED USE) ZONING AT(LOCATION)01171F7 I TIRTN(.i f.:1VF'AII IF DISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION MGG n,2 LOT fAI AF, BLOCK SIZE(]+71='^'Lp QjF 4C5 F'T' BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: c; rrN GPRMTT 1-'rlR RI IC+F RS'l"GR IJTnrm r:SPR T5R9)L ' 1\If% �II9tlY1TTTG=T1 I P T AROR LUME ESTIMATED COST - 1 + PERMIT VO (CUBIC/SQUARE FEET) `a. In.IT J FEE IA;.1 OWNER 1 rl PTINli faVC'hII,JP R1=1'AI TV TPI Iq T' BUILDING DEPT. ADDRES93451 r'0111\11V TaGRnI R "(IGT} BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS - -- .PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2( .2. �t �H BOARDHEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS 1 1 OTHER CITY ENGINEER Z p WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION. SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 January 26, 1999 Peter Strout, Building Inspector Public Property Department One Salem Green, 2nd Floor Salem, Massachusetts 01970 Re: 57 Loring Avenue, Salem Dear Mr. Strout: This office represents Arthur Valaskatgis, owner of the property located at 57 Loring Avenue. Several months ago, it was brought to our attention that the landscaping requirement contained in a past Zoning Board of Appeal Decision has not been completed for the property. Since that time, we have met with a landscape architect to determine the best landscape plan for the property as presently configured. We want you to know that Mr. Valaskatgis is committed to installing landscaping on the property this spring. If the recommended landscape plan is substantially different from that which was diagramed in the Zoning Board of Appeal filing, then we will come back to the Board for review. Again, Mr. Valaskatgis understands his obligation under the Decision. Once we have a plan prepared, we will bring it to you for your review. If you have any questions, please do not hesitate to call me. jsVVer truly youurs, C'C��h C. Corrent i JCC:dd cc: Mr. Arthur Valaskatgis December 3, 1997 Dear Mr. Leo Tremblay: Zoning Enforcement Officer I am writing to acknowledge your letter dated Nov. 21,1997. I have read the decision which was made by the Board of Appeals dated Sept. 21,1983. I am in agreement that these conditions have not been complied with. But with the winter upon us I can not address these conditions which was made at that time. I do apologize that these conditions were over looked. Over the winter I will be in contact with you to resolve this matter. Sincerely wle"A yours, A4 ` Arthur Valaskatgis �n SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 970-741-4683 August 27, 1999 VIA HAND DELIVERY Peter Strout, Director of Public Property City of Salem One Salem Green, 2nd Floor Salem, Massachusetts 01970 Re: 57 Loring Avenue Dear Mr. Strout: Pursuant to the recent Board of Appeal meeting concerning the property at 57 Loring Avenue owned by Arthur Valaskatgis, enclosed please find three copies of a site plan prepared by Meridian Engineering, which conforms with the requests of the Board of Appeal. As you recall, the next step in the process was to coordinate with the City Engineer' s office to reset the existing curb and rebuild the sidewalks along the front of the property. I would be happy to coordinate with you in making such arrangements. Once the sidewalks and curbing are set, the owner will be able to complete the remaining portions of the project. Once you have had the chance to review the plan, please call me with any questions or suggestions on how to proceed. dio eWC. Corr nti JCC:dd Enclosures cc: Mr. Arthur Valaskatgis Mr. Paul Valaskatgis 3 (MLI of #ttlem, massur4usetts Ilublir Fropertq i9epartment 3 t` Nuilaing Department (gnr Salem O$rern 508-745-9595 Fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 21 , 1997 Loring Avenue Realty Valaskagis A/Valaskagis Anna Tr . 15 Willow Avenue Salem, Mass . 01970 RE: 57 Loring Avenue Dear Mr . Valaskagis : I have been requested to enforce the City of Salem Board of Appeals decision granted you on September 21 , 1983 , with three conditions : 1 . The property be landscaped, including trees and shrubs . 2 . There be a five ( 5 ) foot high solid wall or fence or compact evergreens on the side and rear lot lines . 3 . There be a green area between the sidewalk and the parking area in the front . A copy of the City of Salem Board of Appeals is enclosed . If you should require drawings that were submitted on the September 21 , 1983 meeting, I have copies in my files . Please contact my office upon receipt of this letter so a resolution can be agreed to as to when these conditions can be completed . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc : Councillor Blair , Ward 7 ��coNoroMo T[fu of Fi1Erit, massar4uSEtts 9 (Office of the Titu (nouncil (gitu Nall INV. COUNCILLORS-AT-LARGE SCOTT J. MCLAUGHLIN WARD COUNCILLORS PRESIDENT DEBORAH E. BURKINSHAW 1997 1997 CITY CLERK PETER L.PASKOWSKI THOMAS H.FUREY REGINA R.FLYNN KEVIN R.HARVEY JOHNJ.DONAHUE SCOTT J.MCLAUGHLIN LEONARD F C LEARY STANLEY J.USOVICZ,JR. WILLIAM A.KELLEY SARAH M.HAYES MARK E.BLAIR November 19 , 1997 Leo Tremblay, Building Inspector City of Salem Salem, MA 01970 Dear Leo : Enclosed you will find a decision made by the City of Salem Board of Appeal dated October 14 , 1983 concerning property located at 57 Loring Avenue. Could you please research the conditions on page two (2 ) and enforce items 1, 2 , and 3 to determine if the owner is supposed to be in compliance. Thank you for your attention on this matter, and I would appreciate a copy of any correspondence. 11 -y truly _ ours MARK E . BLAI COUNCILLOR WARD SEVEN Enclosure Tltv of In C, 'A X '83 GCIJ 14 P :(Ik': DECISION ON PETITION OF AR-HJR VALASKATGIS FOR A VARIANC'E FOR 57 LOR7N- S,-,, 7, CITY r'-' IQ ALEM 311, A hearing on this petitioner was held September 21 , 1933 .ii t h the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski, Piemonte and Associate Members Bencal and La_'3recque. Notice of said hearing was sent to abutters and others and notices of the hearing *.,,--a properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him to construct an auto parts business in this R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not gganerally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would i*j- volve substantial hardship, financial or otherwise, to the petitioner,, a- c. desirable relief may be granted without substantial detri-ent to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance- On the basis of the evidence oresented at the hearing, and after viewing the plans, the Board cC Appeal makes the follcwning findings of fact: 1 . The property is a large, undeveloped lot on the edge between a residential and a cc;=ercial area; 2. These special conditions do not generally affect other lots in the area; 3. T'-_ orooe-'y has been an e-oty dirt 'a' for about fifteen years, and has -ot been o�)t to any constructive use for at least that lon-; 'he -ronosed use of property would be De—' tted across the street unter tre -.resent Zoning Ordinance. 5, The abutting property to the south ( the Hous-Ing Authority) and 'tne coa��ercial nature o: that portion of Lorin- Avenue makes it inpraz'4­1 to develop the property for residential use. ,)n 't�e basis of the Pbove fintinSs of fact and on the evidence Presented at the he2r-inr, the :-z)--rd of Appeal concludes as follows: 1 . Special cc-.ditions and circumstances exist which especially afft;ct the land, building, or structure involved and which are not generally affecting Other lands, buildings and structures in the same dis'.rict; 2 en'orce!nent of the provisions of the Zoning Ordinance would DECIsom ON PETITION Or ARTHUR VA ASKAT IS r0 �FJ"itr,�`r _l A VARIANCE E03 57 LORING AVENUE - 3. Disirable relief may be granted without substantial detriment to the public good and without auiliCying or substantially dera atins from the intent of the district or the purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a Variance to construct a new auto parts business at 57 Loring Avenue, as Shown on a plan submitted to the Board, provided that: 1 . The premises be landscaped, including trees and shrubs; 2. There be a five (5) foot high solid wall or fence or compact evergreens on the side and rear lot lines; and 3. There be a green area between the sidewalk and the parking area in the front. ate: � r JL' t JL W ccD Scott E. Charnas, Acting Secretary Ly >- - '.- S"'1 � U CENERC FBytl iN,iS pECISh;.I, .r AJ'(. SN).lL E`. !.FACE PURKIXIT To S=CTfC7! 17 C, THE LASS. .. Df,:SiGA ii: . ' ..• T4 ' DAYS ATE.. THE CATS OF r':: g Lr � � D SHaL BE ?6 0 ., c CiT'r .?{. IPI Sy C jv rCV7 i U 7S Ar. - L2 SHAT. it a ..I : F P , is; r IA:r 7 f?7=9 1;J inj 3gWH 3S,• ?+ f_." J ".J: OF y,i - c C•. Cr_ci:s , a 7:JCEi:EJu. '.'.0 i, P.3_•.un CcD A:IB�i.'S._.. CA.Th_ G'b C, _ _J:. id: .,-. a � _ -„ ECAR:T OF APFant COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITT CLERK X4t Tammnnwalt# of Ansnnr4muttn CITY OF SALEM yIn accordance with the Massachusetts State Building Code, Section 108. 15, this M CERTIFICATE OF INSPECTION is issued to 9UP,ERSTAP VIDEO I ( 1trMH that I have inspected the premises known as Sl1PER5TAR VIDEO located at 17,1057 LORING AVENUE in the city of Salem County of Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY Story Capacity Story CIf1FA* xsr w tit x Capacity Y�$56$567f:�A1S6x7$%76$Sb 4:55'5 �'•X+A�76��'ri�$$'$S6'.C:��76��5� BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location RETAIL STORE 30 IST FLOOR 13-6':-1397 1:lZ1 / 1907L0 t7i Pt Certificate Number Date Certificate Issued Date Certificate Expires 6 ildingl6ificial The building official shall be notified within ( 10) days of any changes in the above information. a COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM APPLICATION FOR CERTIFICATE OF INSPECTION Date 1& �Si7/ Fee t2aqui: d $ ( } No Fej Rea Fed In accordance with the provisions of the Massachusetts Sta"PuWing=de. Se 108. i5. I hereby apply for a Certificate of Inspection for the �SQow�aamed2jremi.se located at the following address: m m P' d� Street 6 Number �^57 L o r/, y dy e- vim¢ 3 �4 Name of Premises SuPms'T�9� V/APFO Purpose for which Premises is used UIPF'o 12 )L License(s) or Permit(s) required for the premises by other Governmental Agencies: License or Permit Agencv Certificate to be issued to: _61242 Allz VZA{) Address: S7 l-olVN6- ,QVC Owner of Record of Building: 41%72&rs - VN-459 ±2W f Address: Name of Present Holder of Certificate: Name of Agent, if any.._ Si *sueor Person to whom Certificate {/TITLE is his authorized agent !/ ;?47 / - Date INSTRUCTIONS: Day time phone #417-r3`/d•w5 1. Make check payable to: The City of Salem 2. Return this application with your check to: Inspector of Buildings. City of Sa3 Building Department. One Salem Green. Salem. MA. 01970. PLEASE NOTE: 1. Application form with required fee must be submitted for each building or strut of part thereof to be certified. 2. Application 6 fee must be received before the certificate will be issued. 3. The building official shall be notified within ten (10) days of any change in t above information. THIS AREA FOR OFFICE USE ONLY CERTIFICATE I- �j�f EIPTRATION DATE:No �1 } �LIJM 041 f' PERIODIC INSPECTION REPORT This form is to be completed each time a Periodic Inspection is made. At the time a new Certificate of Inspection is issued, a notation indicating that the fee been paid will be made to Application Form prior to the new Certificate of pe n O being issued. Any changes since the last inspection are to be added to the-file card of the premises. Street a Number X57 J Name of Premises ([01%rSAm Udto / n Certificate to be issued to: Address _ ? /-c%^/ji, A .( � Owner of Record of Building _. AAyr Address Purpose for which premises are used V (DEoIRtL Changes since last Inspection (required on file card also) 1. 2. 3. 4. 5. Date Order Issued: Order Issued To: Address Date Violations Corrected: REMARKS: I have this day inspected the above premises, and the same conforms to the pertinent requirements of the Massachusetts State Building Code and the rules and regulations pursuant thereto. Date Building Official Certificate I ���`� Date Issued: Recommended Next Date Expires: Inspection: CMU of#a1un, Masaar4usttts (office of the Titil Touncil Titu Mail NR COUNCILLORS-AT-LARGE SCOTT J. VICLAUGHLIN WARD COUNCILLORS PRESIDENT DEBORAH E. BURKINSHAW 1997 1997 CITY CLERK PETER L.PASKOWSKI THOMAS H.FUREY REGINA R.FLYNN KEVIN R.HARVEY JOHNJ.DONAHUE SCOTT J.MCLAUGHLIN LEONARD F.O'LEARY STANLEY J.USOVICZ,JR. WILLIAM A.KELLEY SARAH M.HAYES MARK E.BLAIR November 19 , 1997 Leo Tremblay, Building Inspector City of Salem Salem, MA 01970 Dear Leo: Enclosed you will find a decision made by the City of Salem Board of Appeal dated October 14 , 1983 concerning property located at 57 Loring Avenue . Could you please research the conditions on page two (2 ) and enforce items 1, 2 , and 3 to determine if the owner is supposed to be in compliance. Thank you for your attention on this matter, and I would appreciate a copy of any correspondence. "r—,, truly .—UrS , MARK E. BLAIR COUNCILLOR WARD SEVEN Enclosure �inarb of cAype'A '83 P III P3 :0,', DECISION ON PETITION OF ARTHUR VALASRATGIS FOR A VARIANCE P'OR 57 LORING AVEnUE, SALEM CITY CAT if V QFW,_ SAW . ,.. . A hearing on this petitioner was held September 21 , 1933 with the following Board Members .present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said hearing was sent to abutters and others and notices of the hearing was properly published in the Salem Evening Nears in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him -to construct an auto parts business in this R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the same district; t b. literal enforcement of the provisions of the Zoning Ordinance would ib'- volve substantial hardship, financial or otherwise, to the petitioner; an-, c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. On the basis of the evidence presented at the hearing, and after viewing the plans, the Board of Appeal makes the followning findings of fact: 1 . The property is a large, undeveloped lot on the edge between a residential and a commercial area; 2. These special conditions do not generally affect other lots in the area; 3. The property has been an empty dirt lot for about fifteen years, and has not been put to any constructive use fon at least that long; 4. The proposed use of the property would be permitted across the street ander the present Zoning Ordinance; ' 5. The abuttin>, property to the south (the Housing Authority) and 'the commercial nature of that portion of Loring Avenue makes it impractical to develop the property for residential use. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the same district; 2 Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner; and M u t qY, ewe DdCT_STON ON PETITION OF ARTHUR VALASKA'TGIS FOR L P A VARIANCE FOR 57 LORING AVENUE - 3. VENUE - 3. Disirable relief may be granted without substantial detriment to the public good and without nullirying or substantially derogating from the intent of the district or the purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a Variance t0 construct a new aULO Darts business at 57 Loring Avenue, as shown on a plan submitted to the Board, provided that: 1 . The premises be landscaped, including trees and shrubs; I 2. There be a five (5) foot high solid wall or fence or compact evergreens on the side and rear lot lines; and 3. There be a green area between the sidewalk and the parking area in'. the front. _ w �� Lul UJ Lj "o :.i- Scott E. Charnas, Acting Secretary i z C+ j... T P APPEAL FRC'd THIS P.EC1519;1, .r A:'Y, Sat?tt BE ,LADE PUgSUAYT To SECT19tt V CF THE 7CASS. GE7i°n'AC CA7lS, Clan?i EB L'C.,, AND Si:1Ll r7E . OF :J'S DE QXN k; TpEnOF6iCc112, yElry, FILED 71'�4i."I'?D DAYS FFTES THE DATE OF rLIMG 'Jspot / i i ibR U3 1 7 picot Fr"qT u � � _t r _ cr i co:".,F r � .;F H_ CN': 7 - i'.:: CENT {i i,rP 3 I rl %E `i0 ?._ A,7. L2 .NF(. <F Cjii I`i : _ r..;n t i -= 7 vu iH E 5 -E:a iS - GRO io f@C�iiD D Fi:C r'751�_., O ' _�'._ On T '°" ?•-••.c ... _ w .v,,, `i: CaP:ER�S CCRliF(C.. - - BOARD OF Mbt, A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Law Offices DECOULOS & DECOULOS 248 Andover Street at Willowdale Lane Peabody, Massachusetts 01960 Tel. (508) 532-1020 Nicholas J, Decoulos FAX (508) 531-0936 James N.Decoulos September 16, 1988 City of Salem Building Inspector One Salem Green Salem, MA 01970 Dear Sir: Please be advised that the Subpoena served upon you requiring your appearance to testify at trial regarding the matter of Arthur Valaskatais v. Computer Dimensions . Inc. has been continued until September 27 , 1988, at 2 : 00 P.M. Very truly yours, DECOULOSI DE OULOS i ja s N. Decoulos JND/aw Z-pl Co QD az :y� r c.l Citp of harem, A.a2;g;arb45Ptt!6 Public Propertp Mepartment 3guilbiug Mepartment (One batem Oreen (978) 745.9595 Cxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 29 , 1998 Loring Avenue Realty Valaskagis A. /Valaskagis Anna Tr. 15 Willow Avenue Salem, Mass . 01970 RE: 57 Loring Avenue C-14-98 Dear Mr. Valaskagis: I have been requested to enforce the City of Salem Board of Appeals decision granted to you on September 21 , 1993 with three conditions . 1 . The property be landscaped, including trees and shrubs . 2 . There be a five (5 ) foot high solid wall or fence or compact evergreens on the side and rear lot lines . 3 . There be a green area between the sidewalk and the parking area in the front. On November 21 , 1997 a letter was sent to you and you did respond in writing acknowledging that these three conditions would be addressed in the spring of 1998 . (See attached letter) Please contact my office upon receipt of this letter , to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, 4of Kevin G. Goggin Inspector of Buildings KGG: scm cc : Pat Carney Councillor Blair, Ward 7 — December 3, 1997 ss Dear Mr. Leo Tremblay: Zoning Enforcement Officer I am writing to acknowledge your letter dated Nov. 21,1997. I have read the decision which was made by the Board of Appeals dated Sept. 21 ,1933. I am in agreement that these conditions have not been complied with. But with the winter upon us I can not address these conditions which was made at that time. I do apologize that these conditions were over looked. Over the winter I will be in contact with you to resolve this matter. Sincerely yours, Arthur Valaskatgis