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7 LORING HILLS AVENUE - BUILDING JACKET D �- 7�LORING HILLS AVENGE i fill UPC 10333 No. 153L-3 HASTINGS. AIN �� - 3?�0-��s-��-� _�,: f 1 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3"°FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOM.IS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER December 29, 2015 Grosvenor Park Health Center LLC 7 Loring Hills Ave. Salem Ma. 01970 Re:Parking requirements Dear Owners, Your facility has raised the question of whether your number of parking spaces is in compliance or not. It is my opinion that your parking configuration is now Grandfathered and is free from any action by the City.We were unable to find a Planning Board decision and therefore question if the project even went to the Planning Board. Even if it had ,and a specific number of spaces had been called out,all of this was done with a permit from the City and more than six years have passed which would prevent the City from trying to enforce a number of spaces if it had been required. Sorry if this is confusing and feel free to ask any additional questions. Thomas St.Pierre Building Commissioner CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3 I FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPFRTY/BUILDING COMMISSIONER December 29, 2015 Grosvenor Park Health Center LLC 7 Loring Hills Ave. Salem Ma. 01970 Re:Parking requirements Dear Owners, Your facility has raised the question of whether your number of parking spaces is in compliance or not. It is my opinion that your parking configuration is now Grandfathered and is free from any action by the City. We were unable to find a Planning Board decision and therefore question if the project even went to the Planning Board. Even if it had,and a specific number of spaces had been called out,all of this was done with a permit from the City and more than six years have passed which would prevent the City from trying to enforce a number of spaces if it had been required. Sorry if this is confusing and feel free to ask any additional questions. Thomas St.Pierre c4� u Building Commissioner (situ of �5-s tt1Em, (7�u5sarhusdt5 #;� y Planning �3nttrb ,_..� OCT � ,; z7 (line �ttlrtn (6run DECISION Site Plan Review Special Permit Vinnin Associates Realty Trust c/o L. James Zieff 33 Bedford Street, Suite 12/114 Lexington, MA 02173 Re: Grosvenor House Nursing Home - 7 Loring Hills Avenue On Thursday, July 26, 1990, the Salem Planning Board held a public hearing under m _� Section VII-R Site Plan Review Special`Permit of the City of Salem'Zoning Ordinance for the proposed construction of a 123 bed nursing home to be located at 7 Loring Hills '.Avenue. At the public hearing, counsel for the Petitioner introduced evidence in connection with all of the requirements under the Site Plan Review Ordinance including=_ matters relating to utilities, building mass, traffic, environmental concerns, landscaping, staffing, and other site considerations. There were statements and testimony which indicated that there has not been any nursing home construction in Salem within the last forty to fifty years. In addition, representatives of various social agencies and the Council on Aging testified or submitted statements in support of the project. Petitions with signatures of interested parties were also submitted in support. Opponents of the project expressed several concerns including, but not solely limited to, traffic circulation, noise, change of the residential character of the neighborhood, and adequacy of utilities and parking. The area in question is zoned Residential - 3, which allows multi-family residential purposes. In an R-3 zone a nursing home is a use permitted by Special Permit. The Planning Board was aware that on March 28, 1990, the Zoning Board of Appeal had granted a Special Permit for a nursing home. Following testimony of proponents and opponents, the public portion of the hearing was closed and opponents were invited to designate a representative to meet with the City Planner to air their further cggcer= Over,the next several weeks, the City Planner reviewed all of the information and testimony submitted and reviewed the project for the purpose of preparing a recommendation for the Planning Board. The Board, after review of all evidence and careful discussion of all matters with the City Planner, considered the application and at its meeting of September 27, 1990, voted by a vote of 6 in favor, 1 abstention, to approve the requested Site Plan Review Special Permit as being in compliance with all requirements set forth in said Site Plan Review Ordinance, subject to the following conditions: 1. Conformance With Plan Work shall conform to plan entitled "Grosvenor House Nursing Home - Site Plan", dated June 19, 1990. 2. Utilities Utility installation shall be reviewed and approved by the City Engineer or other appropriate City department head prior to the issuance of a building permit. 3. Board of Health Board of Health conditions stated in a letter dated July 11, 1990 (attached) shall be adhered to. 4. Landscaping Landscaping shall be in accordance with plan entitled, "Grosvenor House Nursing Center - Landscape and Lighting", dated June 19, 1990. a. Trees shall be a minimum of 4" caliper. b. Maintenance of landscape vegetation shall be the responsibility of the developer, his successors or assigns. c. Developer shall construct a ten (10) foot wide berm, ranging in height from 3 to 4 feet, with sloped granite curbing, plantings and other screening (to be approved by the Planning Department), along the entire length of the property Iine (exclusive of parking lot entrances and egresses) of the property owned by The Loring Hills Condominium which has frontage on Loring Hills Avenue. The Loring Hills Condominium Association shall have ninety (90) days from the filing date of this decision (September 28, 1990) to grant permission to the Developer to access the property belonging to Loring Hills Condominiums for the construction of the berm. If within ninety (90) days, the developer has not received permission in writing from the Loring Hills Condominium Association for construction of the above described berm, the developer shall be required to construct on the City right-of- way, a six (b) foot wide sloped granite bordered berm with 4 inch caliper decidious trees at twenty-five (25) foot intervals. Included in the berm will be a four (4) foot high wooden fence with the design of such fence to be approved by the City Planner. d. After all project landscaping is completed, and prior to the issuance of a� ""Certificate of Occupancy, the developer will be required to add further lindscaping if such'is requested by the Planning Board or City Planner. -- 5. Signage Developer shall install "Do Not Enter" sign at the intersection of Loring Hills Avenue and Carol Way and a "Residents and Guests Only" sign on Loring Hills Avenue at the entrance to the Village at Vinnin Square. All project signage shall be reviewed and approved by the City Planner. 6. Maintenance Refuse removal, road and ground maintenance, and snow removal shall be the responsibility of the developer, his successors or assigns. The Planning Board shall write to the City of Salem to request that Loring Hills Avenue be plowed and maintained by the City of Salem. a. Such maintenance shall include the plowing and sanding of off-site parking areas and walkways. 7. On-Street Parking Parking on either side of Carol Way between the pond and the nursing home shall be prohibited. "No Parking" signage shall be installed to indicate such prohibition. 8. Off-Street Paikin� '1 1l0eveloper,shall•include fifty-seven (57) on-site parking spaces and twenty-five(25)- or parking spaces as indicated on the approved site plan. ---y 11__� . 9. Waterflow Test Developer shall provide actual waterflow test results for the site to the Salem Planning Department, City Engineer and Fire Marshall prior to issuance of a building permit. 10. Sidewalk Developer shall construct a five and one-half (5 }) foot concrete sidewalk, and 6" granite curbing along the entire Grosvenor House Nursing Home property frontage, along Carol Way and Loring Hills Avenue. 11. Roof Top Equipment Roof top equipment shall be screened or otherwise mitigated from the abutting condominiums. Such screening shall be approved by the City Planner, prior to issuance of a Certificate of Occupancy. In addition, baffles shall be installed in each exhaust fan to ensure minimal disruption to abutters. 12. Construction Practices All construction shall be carried out in accordance with the following conditions: a. Construction and blasting. Operating or permitting the operation of any tools or equipment used in construction or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Sundays or holidays such that the sound therefrom creates a noise disturbance across a residential real property boundary) or the operation of drilling and/or blasting equipment used in construction, reconstruction, repair, or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Saturdays, Sundays, or holidays shall be prohibited except for emergency work of public service utilities, or by Special Variance issued by the Building Inspector pursuant to the Salem Code of Ordinances, and notification of same to the Salem Police Department. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to representatives of the Loring Hills Condominium Association and the Village at Vinnin Square Condominium Association in writing at least 72 hours prior to the commencement of construction of the entire project. C. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on roadways as they leave the site. d. A Clerk of the Works will be required at the expense of the developer as is deemed necessary by the City Planner. e. Roadways surrounding the development shall be swept by a street sweeper as needed to remove dirt and/or debris from roadways. 13. Deliveries No service deliveries by tractor trailer trucks shall be allowed. The Planning Department shall receive a copy of a letter sent to each vendor or service contractor indicating this restriction. 14. Violations Violations of any conditions shall result in revocation of this approval by the Planning Board. I hereby certify that a copy of this decision and plans have been filed with the City .Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed under the name of the owner of record or is recorded on the owner's Certificate of Title. The fee for recording or registering shall be paid by the owner or applicant. Walter B. Power, III 1�5. D . Chairman M5WP Commonwealth Of Massachusetts City of Salem 21 nock: 000� �1— —fes 4, In Accordance With Massachusetts State Building Code 780 CMR;Section 110.7,Table 110 CERTIFICATE OF INSPECTION is issued to. Grosvenor Healthcare Limited Partnership - ------------•----------------------------- I Certify that I have inspected the I-2 known as Grosvenor Park Nursin Home located at: 7 Loring Hills Avenue in the City of Sat'ern. - - -- - -------------- - - — - - - - The Means of Egress Are Sufficient For The Following Number Of Persons: By STORY Story Capacity, Story Capacity Story Capacity First Level 41 Patient Beds Second Level 82 Patient Beds BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure Capacity Location 1st Floor Dining Room 50 1st Level 2nd Floor Dining Room 50 2nd Level M-2014-1019 6/30/2014 6/30/2015 Certificate Number Date Certificate Issued Date Certificate Expires Building O c os ** A COPY OF THIS CERTIFICATE MUST BE POSTE' \N CLEAR VIEW NEAR ALL ENTRANCES ** City Hall,93 Washington Street. Salem,MA 01970 City Hall Annex, 120 Washington Street. Salem, MA 01970 City of , Fbx To: � `P� �� From:' U' 1tG41iyT7Z '`/�wS"yt Fax: �ftcp lam Z2o Pages: (Including this page) Date:: / Phone: (978) 745-9595 ext. Re: ! liGfLl r-t l . S Au 4(- cc: �A-4.� , Y✓Uk ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle bbl aL-� = ' PCNA R E Y 0 7Z 101012.12R-001.289 BUILDING DEPARTMENT FOIA To: Michael Lutrzykowski Date: March 5, 2012 City of Salem Building Department Phone #: 978.745.9595 x5648 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Re: Grosvenor Park Nursing Center 7 Loring Hills Avenue Salem, Massachusetts 01970 EMG Project No: 101012.12R-001.289 Project Manager: Mark F. Chamberlain Dear Mr. Lutrzykowski: EMG is an engineering firm currently conducting a property condition survey of the above- referenced property. As part of this process, and a requirement of U.S. Department of Housing and Urban Development (HUD), we are submitting this letter to request information specific to the property. Please provide us with the following information concerning the property: r1 1. Date of last building department inspection -S /-&/ odly mo. day year 2. Are there any OUTSTANDING building code violations? YES / NO (circle o e 3. How often is the subject property inspected? annua iennially, other (circle ne) 4. Is the original Certificate of Occupancy or Permit on file? / NO If such documents are on file, please fax them to the number noted below. Responses may be faxed directly to our office, at (410) 785-6220, or mailed to our corporate offices: EMG Attn: Melvin Cauthen, Senior Engineering Consultant 222 Schilling Circle, Suite 275 Hunt Valley, Maryland 21031 If outstanding violations are on file, please provide copies of the reports/citations. Please note the EMG Project Number and the Senior Engineering Consultant's name on all correspondence. If you need additional information to complete this request, please contact me at (800) 733- 0660. Thank you for your prompt attention to this matter. Sincerely, Mark F. Chamberlain Project Manager DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 500.733.0660 • www.emgcorp.com CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3' FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CON%USSIONER September 27,2011 Department of Housing and Urban Development Massachusetts Office 10 Causeway Street Boston Ma. R.E. Grosvenor Park-7 Loring Hills Ave To whom it may concern, The Grosvenor Park Nursing Center is in full compliance with the Inspectional Requirements of the Massachusetts State Building Code. Grosvenor Park is also in full compliance with the City of Salem Zoning Ordinance. Sincere , Thomas St.Pierre Director of Inspectional Services/Building Commissioner �L O. AHLBORG & SONS INC. General Building Contractors Since 1926 48 Molter Street 31 Milk Street,Suite 510 Cranston, Rhode Island 02910 Boston,MA 02109 Telephone(401)467-6300 Telephone(617)521-8596 Fax(401)467-6457 Fax(617)521-8599 May 12, 1994 City of Salem -Building Inspection Dept. One Salem Green Salem, 1:4A 01,070 Attn: Leo Tremblay Re: Grosvenor Park Nursing Center 7 Loring Hills Avenue, Salem, MA Gentlemen: As discussed, we are not aware of any requirements by the City of Salem to perform any road resurfacing in conjunction with work at the captioned project. However, O. Ahlborg & Sons' contract with Grosvenor Park Healthcare LP does require resurfacing 355 I.f. of Loring Hills Avenue from the intersection of Carol Way to the shopping plaza. This work has been completed. Further we have installed new sloped granite curbing at the Loring Hills Avenue side of the island, but not on the condominium association side. We believe this is in conformance with the Salem Planning Board decision. We regret that these issues have arisen, but believe we have adhered to all of our contract requirements. If you have any questions or concerns, please contact the undersigned. Sincerely yours, O. AHLBORG& SONS, INC. r ��(� nc P. Greene Project Manager cc: Grosvenor Healthcare LP: Robert Salter, Ed Heenan O. Ahlborg& Sons: Glenn Ahlborg P� CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT coxwtk WILLIAM E. LUSTER ��6 �� o� ONE SALEM GREEN City Planner = m 01970 a } o (508) 745-9595, EXT. 311 s9gp FAX (508) 744-5918 May 23, 1994 Mr . Leo Trembley Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: GROSVENOR HOUSE NURSING HOME Dear Mr . Trembley: This letter is to inform you that the Planning Board voted on May 19 , 1994 to approve the issuance of a Certificate of Occupancy to the Grosvenor House Nursing Home with the following conditions: 1 . The five ( 5 ) million dollar bond remain in place until the completion of the project ; F ,_,_„_..�_ _ 2 . Twenty-five ( 25)off-site parking space., 'constructed in accordance with the Planning Board CaPProval; _ 3 . Sloped granite curbing be installed completely around the island on Loring Hills Avenue; 4 . Loring Hills Avenue be completely resurfaced to the City of Salem Engineering Department ' s satisfaction; and 5 . All of the work be completed by June 20, 1994 . If you have any questions regarding this approval , please do not hesitate to contact me or Debbie Hurlburt in the Planning Department . Since r ly, illiam E. Luster City Planner CC: Eric Green EX\PB\COF07LRG.AV y � � ( till of �5ttlem, {7l12I35dLiIllSPtfB si Nourb of APR FILL:,- DECISION ON THE PETITION OF VINNIN ASSOCIATES REALTY TRUST FOR A SPECIAL PERMIT AT 7 LORING HILLS AVENUE (MAP =? , PARCEL 96) R-3 Zone A hearing on this petition was held March 28, 1990 with the following Board Members present: James M. Fleming, Chairman : Richard A. Bencal , Vice Chairman; Edward Luzinski . Richard Febonio and Associate Member Peter Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit in order to allow construction of a 123 bed nursing home in this R-3 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section IX D, which provides- as follows: "In hearing and deciding applications for Special Permits, the Board of Appeal shall decide such questions as are involved in determining whether such Special Permit should be granted, and shall grant Special Permits with such conditions and safeguards as are appropriate under this Ordinance or shall deny Special Permits when not in harmony with the purpose and intent of this Ordinance. The Board of Appeals shall not have the power to grant any Special Permit where use of land or structure is specifically excluded from the district. " In more general terms, this Board is , when reviewina Special Permit requests. guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City' s inhabitants. The Board of Appeal , after careful consideration of the evidence presented at the public hearing, and after viewing the plans, makes the following findings of fact 1 . The proposed use is in harmony with the intent specified in the City of Salem Zoning Ordinance as it pertains to the R-3 zone with the grant of a Special Permit. 2. Various letters of support for the project were read, as well as actual testimony being voiced by health care professionals and others. 3. Opposition,in the form of letters, was read and actual testimony was also voiced by abutters and others. 4. The ownership and operation of the proposed nursing home would be by persons with long experience in this industry. They have owned and operated such facilites in the area. DECISION ON THE PETiTiOid OF ':ii;NIN ASSOCIATES REALTY TRUST FOR A SPECIAL PERMIT ;2T 7 LORICG riLLS .AVENUE /'1AP PARCEL:- 96) . SALEM pace two The need for nursing Home Dec space , as stated by petitioner and others , is very acute. 6. Petitioner presented an actual recent traffic count study for visitors , employees and delivery vehicles at similar facilities . 7. The 2 acre lot of the proposed nursing home is in close proximatey to an area of mixed uses. such as commercial and residential . 8. The proposed use of a nursing home would be less of a traffic burden than residential . The area is served by major roadways. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows : 1 . The proposed use will promote the public good by meeting the need for nursing homes . 2. The proposed nursing home is in harmony with the intent of the Zoning Ordinance. 3. The proposed nursinq home will promote the public health. safety convenience and welfare of the City' s inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner meet all requirements of the Salem Fire Department. 2. Property Street numbering be obtained the the City of Salem Assessors Office. 3. All construction be done as per existing City and State building Code and as per plans and dimensions submitted. d. >roper shrubbery shall be placed, and maintained in oerpetuity, along lot lines and throughout the property with the approval of the Salem Planning Department. 5. Any and all dumsters shall be placed away from the present adjacent condominiums site line and these dumpsters shall also be properly screened. 6. Property approvals, if required, be obtained from any and all other applicable City and State Boards or Commissions, such as, but not limited to. the Planning Board, Conservation Commission or Board of Health. 7. A Certificate of Occupancy be obtained. 8. Petitioner explore, and make good faith effort to secure traffic lights for interseciton of Carol Way and Loring Avenue. 9. Petitioner shall abide by all decisions of the Salem Planning Board relative to traffic flow for this and adjacent projects. DECISION ON THE PETITION OF VINNIN ASSOCIATES REALTY TRUST FOR SPECIAL PERMIT AT 7 LORING HILLS AVENUE !:,IAP 21 . PARCEL 961 , �-ALEM pane three 10. Petitioner shall obtain rights, if required. to use Loring Hills Avenue. If,and when, such permission is obtained, petitioner shall be responsible for all maintenance, repair, snow plowing and the like for Loring Hills Avenue. 11 . Petitioner shall , in conjunction with adjacent condominium associations, work out a proportionate payment for shared common areas and facilities. 12. Developer shall cooperate with building a guardhouse or other safety facility for the condominium association on Carol Way or Loring Hills Ave. SPECIAL PERMIT GRANTED 6�4wJ c ara A.Be al , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERY Appeal from this decision, if any, shall be made Pursuant to section 17 of the M;ss. General Laea, Chapter 808. and shall be filed within 20 days atter the date of filing of this decision in the office of the city Clerk. Pursuant to mass. cones! Lads. Chanter 808, Section 11, the variance or !octal Pcrma eran!e- h^.en shall not take effect until a copy of the decision, bearing fhc cer,,f:=tion of the City Clerk that 20 days have elapsed and no aPPCZ1 h]s been tiled, or that. it such appeal has been filed, that it has been osmissc0 or denied is recorded In the South Essex Registry of Deeds and uvfexed under the name or the owner of record or Is recorded and noted tit the owner's certificate of Titio. BOARD OF APPEW ..A.._j <.x a!s'—•o�e'a c.`x...i— ""'� -�' - ,rte /u r1,� z•.spray ;�'&r i 4 i' "` _._ a��'-��I�.:�l ter' a., .r, >-_.*•..-c� � � _ 3 Nil a s .. C •p�y[ x. - - I CERTIFtcArg tsit'r I -gym L -�� r`� �lif-fi� Ip tom'{ _ �3F!tX€�JP",� ,r"T�Itw[RT-r' $ Tj K F�EE�� OsiC I 5��.•i.. ��l ^.t' t ADowtse ''"Ii 1 IT To -t�Da1T To• Key form"", - � �— �e[oc,*•stolil . I••eww[vuss- .- tIIw.1 'ebfWl6'M' = DISTRICT vtgsw wt[TN Itmoss ' STR([T1- Lor- BLOCK: LOT BWIOIrG;IS-T + - �—Size .- D Bt ----------- mice ff.. :.- I _. LONG IY TOTYPE— t _ —�IT, IN NB lGrT iwO SHILL CDNI ORM IN:C DRS LR Uf["IDr �—��Use GwOW+ /IEMIwKSr' ^I'Y�! ♦ .. f ---------�BI MCRi wICLS.OWPCuuC j,OR' I' YOWME C [IC [OYtP[ I[[[I OWMlw. e$']f :�� t 999t[YWWM[[ 'YlrifmwYTMI[It IOOw(BS I-mwK�w.r�s[rrArtgrcYlr Irlwr To ev wed sec RIICRe!-SID I CON TO 01(Pwlt[ISt1 r • OW ORDITICKS w Cear"'CIT! Fa 1 ti:i I � IA� hl 1 f ,y tli F?ARThiI NTAL ,4pOOVAL,FbR CERTIFICATE of do' gCY Snd CbMPLIAkE w e fil.F@d yR bi ehcli division indicated hereon completionl`of: its ffirial'inspectioe. ! 16t�dGs 227-92 P .''' JOI7n�J JEtt�tln�sx/V/ 4 Deobei by I Dite , s� dpprod!f� 8y l4nn" Rosa ic + 1 Dite 4/20/94 ro —�— Rllli tvv i> r ' Ap�re4A69 J 'ii. rdi ,1 b�te 4/ 1504 j Vr I I 5A fol iW oY* Notm3ni LAI?o'flti Date 5/5/94 tr} } +�! �' 11' t!AI k ��ltt.f� � y � ", r� 't 1\0. _ I Y•M1M 3dan a §NoEt ; . bite O W94 a l �,I I. 1 s tI• � <e � I , }5 yi M COX#; CITY OF SALEM HEALTH DEPARTMENT "7 BOARD OF HEALTH - -' 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT ' 508-741.1600 July 11, 1990 0 — ra John Serafini Attorney At Law w 63 Federal Street + Salem, MA. 01970 Dear Mr. Serafini: f. At the Board of Health meeting held on July 10, 1990, a motion was made and passed to conditionally approve the Site Plan Review for the Vinnin Associates Realty Trust, 123 bed Nursing Home Facility, in the City of Salem, with the following ammended Board of Health comments: 1. The design proposal concur with the city Engineering Department and City Plumbing Inspector for utility tie-ins for drinking water, sanitary waste (sewerage), gas lines and/or other utility service. 2. Prior to drinking water service being put into service it be tested for pressure and bacteria by a certified laboratory and the results submitted to the Planning and Health Departments in writing. 3. Employ an acceptable method for removal of all construction debris and any unacceptable excavation material from the site during construction. 4. Submit results of any 21E Tests for Health and Flanning Departments in writing. 5. Employ an acceptable method or means for the holding and disposal of trash (rubbish) , and medical waste, after site development with a copy of this method sent to the Health and Planning Departments in writing. 6. Measures be taken to assure that air pollution due to odors and noise does not occur during and after site construction (i.e. air exchange units, ventilation, excavation, etc.) Hours of site work to be 7:00 A.M. - 5:00 F.M. Monday through Saturday. 7. Employ an acceptable method for dust and street cleaning control during site construction and submit copy of method utilized to the Health and Planning Departments in writing. See attached page 2 _-. ... 04"�w SALEM HEALTH DEPARTMENT 11 9 North StreetPASalem, A 01970 John Serafini July 11 , 1990 Page 2 Comments continued 8. Prior to site start-up and also during site construction employ a licensed pest control firm for site evaluation and service with a copy of the service invoice sent to the Planning and Health Departments. 9. All backfilling be done in accordance with good engineering practices to prevent future damage to all underground utilities. Only acceptable back- fill materials are to be used. 10. The design must be in accordance with Massachusetts General Laws and the State Sanitary Code, Construction of Nursing Home Facilities. Very truly yours, FOR THE BOARD OF HEALTH Robert E. Blenkhorn, C.H.O. Health Agent REB/jm cc: Beth Debski, Planning Department Thj2a . uz 1 un•Caw �„ : it Ull9tln Boars" vita Hall le ss. on 0a.3 /990 aan a with &P. bPd. of th_ f of 1958. CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT ��CONVIT�,� WILLIAM E. LUSTER ONE SALEM GREEN City Planner = 01970 (508) 745-9595, EXT. 311 �Q�niNe ' FAX (508) 744-5918 May 12, 1994 Leo Tremblay Building Inspector One Salem Green Salem, MA 01970 Re: Grosvenor Park Nursing Home Dear Leo: I am writing to request that you do not sign off on the Certificate of Occupancy for the Grosvenor Park Nursing Home until the issue of the paving of Loring Hills Avenue is resolved by the Planning Department. The City has agreed to assume the maintenance of Loring Hills Avenue upon completion of the project. In agreeing to this, the City expected that Loring Hills Avenue would be paved in its entirety. Thank you for your assistance. n' S' cerely P illiamer City PI jm\bd\Vembley.ltr According to the Decision time stamped October 8, 1990, the following are issues that are yet to be addressed: 1. Landscaping in traffic island yet to be planted Other landscaping on site is still under works; 2 . Granite curb surrounding traffic island yet to be installed; 3 . Signage indicating "No Parking, etc. , yet to be installed ( to be approved by the City Planner ) ; 4 . Remaining 255 ' +/- feet of paving on Loring Hills Avenue yet to be completed; 5 . Off street parking spaces yet to be constructed. In addition, question of who retains ownership and maintenance of the off street parking spaces; 6 . A 5 1/2 ' sidewalk and granite curb yet to be constructed along Carol Way; 7 . Roof top equipment shall be approved by City Planner prior to issuance of a Certificate of Occupancy; 8 . No trailer tractor deliveries shall be made to the site. The Planning Department shall receive a copy of each letter sent to vendors. EX\PB\PUNCH.GHNH THE COMMONWEALTH OF MASSACHUSETTS City of Salem BUILDING INSPECTOR Establishment Name Date Address / /� Page L of In the space below describe all violations. Time to A(n) I �e— inspection of this establishment was conducted in accordance with Complete Massachusetts State Building Code 780 CMR.The following violations were observed: Discussion with Management/Owner I Gi ILI�� I have read this report,have had the opportunity to ask questions and agree to correct all violations before the next inspection,to observe all conditions as described.I understand that noncompliance may result in daily fines and/or legal action being taken against you in Salem District Court. Sign: Date: QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR g TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLICPROPERTY/BUILDING COMMISSIONER September 27,2011 Department of Housing and Urban Development Massachusetts Office 10 Causeway Street Boston Ma. R.E. Grosvenor Park-7 Loring Hills Ave To whom it may concern, The Grosvenor Park Nursing Center is in full compliance with the Inspectional Requirements of the Massachusetts State Building Code. Grosvenor Park is also in full compliance with the City of Salem Zoning Ordinance. Sincerreel"y, Thomas St.Pierre l Director of Inspectional Services/Building Commissioner r , CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 31D FLOOR \V M TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THO\-LAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER October 30,2008 Lois Wheaton L.P.N Facility Manager Grosvenor Park Nursing Center 7.Loring Hills Ave Salem Ma.01970 Dear Ms. Wheaton, Your Facility is classified under the Mass. State Building Code as an Institutional 2(I-2) use Group.The locking arrangement,as described,does meet the requirements of The Mass State Building Code, Sixth Edition -section1017.4.1.2 for this use -roup..If further information is required, please contact me. Thomas 7.St.Pierre Building Commissioner/Director of Inspectional Services UNITED STATES PpF°i,".°i: FiF84nQ31sSy` ^^^I"".. ,FI aFeee�d�ia • Sender: Please print your name, address, and ZIP+$"in this box �R� IIIIIIIIIIIII IIIIIIIIIIIIIIIII1tIIIl III II IIIIIIIIt1h IIIIIIIII i SENDER: COMPLETE THIS SEC*k COMPLETE THISStf�TION ON DELIVERY ■ Complete itbms 1,2,and 3.Also complete A.Agnatur✓3 Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. g, Receiv by( n Name) C. ate rvery ■ Attach this card to the back of the mailpiece, /� a 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 I—c)c 's S. Service Type i •"/) //��J�� ❑CertiFleded Mail 13 Express Mall' ❑Registered ❑ReturnReceipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Gansfer from service Iaben PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 01970 �'---�� TELEPHONE: 978-745-9595 EXT. 380 "�•ntrttI,o � FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR February 11, 2008 US Department of 11.U.D. Massachusetts Office 10 Causeway Street Boston, Ma. RE: FMA Project# 023-43290 & 023-15034 To Whom it May Concern: The Grosvenor Park Nursing Center is in full compliance with the Inspectional Requirements of the Massachusetts State Building Code. The tacility is also in Rill compliance with the City of Salem Zoning Ordinance. Sincerely, 614V Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Lois Wheaton i GROSVENOR PARK October 27, 2008 Mr. T. St.Pierre Salem Building Inspector Salem, Ma. 01970 Dear Tom, = I would like to thank you for your help in this matter of the door alarms. In the near future I will set our Dynalock Security Door System to the lock out mode. As you are aware I have a Life Safety Inspection yearly. It would be very helpful if I had a statement coming from your department stating that it is now allowed to have the doors continuously in the lock mode. As I explained to your assistant we are 100per cent sprinklered, there is an exit at the bottom of each stairwell, the staff all know the code to open the doors, and all doors open upon a fire alarm. Feel free to fax it to me or mail it. I would greatly appreciate this. Thanks again, Sincerely, Lois Wheaton Lpn Facility Manager Grosvenor Park Nsg. Center 7 Loring Hills Ave. Salem, Ma. 01970 7 Loring Hills Avenue Salem, Massachusetts 01970-4267 978-741 -5700 Fax: 978-745-8888 i r I 1 j I I i i j v I 1 I r I f 1 , i ! r 1 i 1 i { D �C , ; I< �r r, � �, ;,� � �•- ,.. - - `= `fir'" - i � � �: 1 • , ivy,. I , r At "qcr/ 41 .69 f \ \ ��ca �-•. `c��`S d _ J E ��!I O , c� I {. I i i i - I I I ! j I �r P� AN - off LA /f r h ; FRANK • i� L'.-- �rY '� t i ♦, C t�� , 3� 1 �F• , ;•�l/ l 1 hn_5 _Ilk i*+yz..A,'+" I _ of $aIMI, A 9 ��pp�Ittaumi(g __ •85 MAt t0 P3 :01 4�4rwuc�� tL71SP � GTPEIT CITY At.E�'f� Ct�FICE DECISION May b, 1485 SPECIAL PERMIT SITE PLAN REVIEW Vinnin -Associates Realty 'Trust/Mr. James Zieff 33 Bedford Street, Suite 12/114 Lexington, MA. 02173 On Thursday, April 4, 1985, the Planning Board of the City of Salem held a public hearing regarding the application of Vinnin Associations Realty Trust/Mr. James Zieff for a Special Permit under Section R, Site Plan Review, of the Salem Zoning Ordinance, with respect to the construction of ninety-eight housing units off Loring Hills Avenue, Salem, MA. At a regularly scheduled meeting of the Planning Board held on Thursday, May 2, 1985, the Board voted, by a vote of seven in favor, none opposed, to approve the application as complying with the requirements for the issuance of the Special Permit with the following conditions: 1. All work shall conform to Plan entitled, "Vinnin Village 11, Site Plan", dated March 8, 1985, revised April 1, and April 11 , 1985, stamped by Robert Venne, R.P.E. 2. Prior to issuance of building permits for Phase II, the land disturbed or damaged by development of Vinnin Village Phase I shall be restored to its former clean and/or undisturbed condition except for those areas which have been or are presently under construction. It is the intention of this condition that the Developer be responsible for clearing rubbish on the site which has accumulated during the course of construction. Such areas for cleaning and restoration shall be defined by the City Planner. 3. The Developer shall cause all traffic exiting from Vinnin Village to utilize a roadway to be improved which now exists as a construction road. Traffic exiting from Vinnin Village shall not be allowed to utilize Loring Hills Avenue. Such condition shall only be effective upon the completion and paving of the roadway which now, exists as a construction road. The road shall be completed and paved upon the issuance of the fifty-first (51st) Certificate of Occupancy for Vinnin Village Phase 11. Such road improvements shall be subject to the review and approval of the Conservation Commission, City Engineer, and City Planner. r � FF,FFCFIVF ) 4 .r-A-booster pump; subject to the-review and�approval'of the-City Engineer-and the-Fire-Department shall be installed to ensure_adequa`te water•pressuie and flow for emergency-fir us`e,- unles%9egWmJ@edPt3):O unnecessary-after,,future testing. Such determination shall be made prior to issuance_of_Certificatgs.of Occupancy. for Ph I. �- —_ ----=� f !ER 'S OFFICE '`.r— SSyys� ��MM MP.cc 5. Sloped granite curbing shall be installed along all 3t'Gi55 roadways/driveways, except as waived by the Planning Board. 6. Location and screening of trash receptacles shall be subject to the approval of the Board of Health, and shown on the above-referenced plan. .7. Refuse removal, road and ground maintenance, and snow removal shall be the exclusive responsibility of the Homeowners' Association. 8. All sanitary sewer pipes shall be constructed of PVC, or as approved by the Director of Public Services. 9. A minimum of 3 ' of cover for storm drain pipes and 4' of cover for sanitary sewer pipes shall be required. 10. Headwalls at each drainage outlet shall be installed. 11. Salt as a de-icing agent shall be prohibited, except in cases of extreme emergency. 12. All construction within the development shall be conducted in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. No work shall be conducted on Sundays. Inside work of a quiet nature shall be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters such as noise, dust, fumes. Advance notice of the commencement of construction shall be pro- vided to all abutters in writing. c. A sign shall be posted at the intersection of Loring Avenue and Loring Hills Avenue directing construction vehicles to the construction access road and away from Loring Hills Avenue. d. All construction vehicles shall be cleaned in order that they not leave dirt and/or debris on the road as the leave the site. e. The Salem Fire Protection Code regarding blasing shall be strictly adhered to (M.C.L. C. 118 S. 10A and 527 C.M.R. 13.00) f. Drilling and blasting shall be limited to Monday-Friday only between the hours of 8:00 a.m. and 4:30 p.m. There shall be no drilling or blasting on Saturdays, Sundays, or holidays. RECEIVE g. All construction shall be carried out in accordance with the Rules and Regulations of the Planning Bo ��yyCkrlp QQf he Works shall be provided by the City only r iH�pection) utility installation on the site at the expense of the developer and as is deemed necessary by tQIUMCLEMS &TFM&Iic Services or the City Planner. SALEM MASS 13. Landscaping of the project shall conform to plan entitled, "Landscape Plan, Vinnin Village 2," prepared by K. Bell and dated March 30, 1985. a. Shrub diameters shall be as shown on scale plan referenced above. Mature trees shall be minimum caliper of 3" and shall be so depicted on above—reference plan. b. Shrubs and trees shall be maintained in a. healthy and thriving condition. Should these plantings not remain in a healthy and thriving condition, the responsibility for replacement of such plantings shall be the developer or his successor in interest. 14. Improvements at the end of Loring Hills Avenue to aid in traffic control shall be subject to the review and approval of the Director of Public Services and the City Planner. 15. Substantial violation of these conditions shall result in the revocation of this permit by majority vote of the Planning Board. In the event of such revocation, no further Building Permits shall be issued. I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. This Special Permit 'shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded on the owner' s certificate of title. The fee for recording or registering shall be paid by the owner or applicant. WALTER B. POWER,III E� Chairman, Planning Board dey l V r tllitg of Salem, Aassar4nsetts m Pepartmeat of 19uhtu Aflorks NEAL B. MITCHELL clT £N6fN99. November 12,196$. Mr. Daniel J. O'Brien, Jr. Inspector of Buildings City Hall Salem, Massachusetts Re : Public utilities in upper Loring Avenue Dear Mr. O'Brien: The first statement in your letter of October 29th would appear to be more fitting if it was reworded to say, "for some time past, your department has advised us about the possibility of problems envolving sewage, drainage, and water supply in any extensive development of the upper part of Loring Avenue ." This advise was intended to warn against the application of "down-town" standards and assumptions to the high and outlying areas at upper Loring Avenue, as was the policy at upper High- land Avenue. To claim inadequacy without knowing precisely of the maximum use and the method to be used by the developer would be illogical. Your assumption of a minimum of 1500 family units and IT' number of building permits is, in no way sufficient data from which to answer any of your questions. Adequate and complete plansy by the developer, are necessary before any consideration of the adequacy of existing public facilities can be given. Many of the problems referred to in the first paragraph of this letter may be resolved by the developer, depending upon the method he proposes to use . The proposed method should, of course, be com- patible with the existing public facilities. Whether this is feas- ible or not is for the developer to determine, and so indicate on a complete set of plans submitted for the approval of the city. It does not seem to be the function of the city to do engineering or design work for a private developer. It also appears unlikely that the city will ever reconstruct, greatly modify, or extensively extend its multi million dollar facilities for the benefit of any one developer,- at least without bonded assurance that the entire project will be completed in a definite period of time. The existing public water and sewerage extends about to the east- erly corner of the area under consideration. A recent water flow test at this end of the water system indicated a camparatively low supply through the existing old 6-inch main. It also indicated a fair supply at the end of the 9.6-inch main near Maple Avenue. This may, or may not, be adequate. It would depend upon the method used by the developer,- such as larger mains and/or suitable pump- ing and storage facilities on the building site. (9i#g of 'Saran, 'Massarhuse##s p2partnund of Public Works S�GIAm1E NEAL B. MITCHELL CITY ENGINEER November 12,1968. Mr. Daniel J. O'Brien, Jr. The public sewerage, at the end in question, consists of a 12- inch pipe on a gradient of 0.024 and carries very little flow at the present time . The problems involved with this sewer line are thousands of feet away from the above referenced area. These problems are now under study by a consulting engineering firm and it is hoped that recommended improvements will be made before any extensive progress is made on this project. There is no public storm sewer at, or adjacent, to the above referenced area. It is my understanding that the developer now controls the land extending to the nearest public storm sewer and proposes to connect to that system, although I have seen no such plans. A portion of that system of storm sewer was installed by the Massachusetts Department of Public Works. It discharges Into the pond at the rear of the Stop & Shop Supermarket. It seems likely that permission of the Massachusetts Department of Public Works should be obtained, by the developer, before discharging large volumes of water into this sewer. This also cannot be properly resolved until complete plans are submitted for proper review of all agencies. The above should clearly indicate that until complete plans of the entire project (80 acres) are submitted, there can be no reason- able evaluation of the adequacy of existing public facilities to serve the project. Futhermore, it is my opinion that the developer should clearly show how he ultimately intends to use the existing facilities with satisfaction to himself and no harm to others . In other words, I believe it is up to the developer to plan for proper service based on the existing public facilities. We will assist by supplying basic data on the existing systems, but the solution of his problem is strictly up to him. At a meeting held in the Hawthorne Hotel on November 1,1967 by the Loring Hills Development Co. it was disclosed that about 80 acres of land was proposed to be developed,- essentially as a high-rise apartment complex. The developer' s architect stated that there is an adequate water supply for the proposed development. Regarding sewers, and their problems, he said that when they employ a civil engineer I would be contacted on any such problems. No such contact has occurred. In my opinion, any permit issued without the prior approval of complete development plans could well be the cause of new and future problems in this area. This, of course, is assuming that a major portion of the development will eventually be constructed. Very truly yours, Neal Mitchell, City Eng I t O. AHLBORG & SONS INC. 40 A LIE44EM (OF UMMSOMOUVAL 48 Molter Street Cranston,Rhode Island 02910 DATE JD. NO. 8� Telephone (401)467-6300 , „D„ Fax (401)467-6457 ��, T }� RE. TO k'l y IS F S A t.Api 1�� P lr+f 6- GENTLEMEN: WE ARE SENDING YOU WAttached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letters ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 5)N-L AA L'Tri V:ioav, 11e'3V_c-1 �� rock I SI c LT St ,L. t t L-cv� ,h k. , 1, 1 i If crzm'A r 1-1C_'F-TLA of V� how vk�rms S�tZlgq d. AkAL_8TMC � Lzw tL-CyAv_a,„. P-,bA-p s ,�fa�tr�c VYL5A, L sac. THESE ARE TRANSMITTED as checked below: 1❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval la For your use ❑ Approved as noted ❑ Submit copies for distribution /❑ As requested ❑ Returned for corrections ❑ Returncorrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TOLLA-, / SIGNED: ` If enclosures am not .s noted, kindly notify us .e once. - 05/12/1994 11:21 617-332-4134 ALAN E TAYLOR ARCHT PAGE 01 RC31BEEZT CHAREF: S GROUP Pont OFFica Hwx 612 wa I t ham , Mag gaohusat t o 02254-063L2 < 617j 99Y-&600 12 May 1994 Mr. Leo Trembley, Building Inspector One Salem Green Salem, Massachusetts 01970 Dear Mr. Trembley: Subject : Grosvenor Park Nursing Center 7 Loring Hills Avenue This is to state that the substantially complete subject project has been constructed to my best. belief, knowledge , understanding and periodic observation in accord with the drawings, specifica- tions and addenda prepared for Lhe Grosvenor Park Nursing Center. Requested record drawings will be completed and forward to you in the near future. These drawings will show significant architec- tural , structural , electrical and mechanical aspects and material changes from the original doc—u-nts on which the building permit was issued. Very„ truly ours , AP t, F, Alan E. Taylo , Architect �cf ROBERT CHARL GROUP o 13371 q�rH ov kpSS 0111111 ROBERT i n M. ROB &ERT M. RUMPF ASSOCIATES ^ c, RLWPF N lTrnsve� mor Park &)UrsiR CJ{ r� N.. 6632 CONSULTING ENGINEERS P *f 101 DERBY STREET Cern ter CA G/STgF SALEM,MASS.01970 Salern , Massa C V5-KS 508-745-65% FAX 508-745-6596 94- Mr. 4 Mr. Leo 7Trem hL-_y q Tn .5-peC'for• Ci/-y of Salem , NIA. /Dear Mr, 77em bley, This is to sate EfzaE f-hP referenced f�Uc'ldin�j t,s cornstrZ cC- IC' f-o 4-17r /west o f' /7-7 ledge IFY vnaler5f-a/? drn4a Cn Suh ��ntiaL ac<orc� (tet/i tf� tfre drdwin9S� SPeci�rGa{�ons r! addenda pr,ePared far �/iis Pr-oJecf. Ver1i truly VoorSJ Richard 8. (?rowell, `P.E. Electrical Engineer 44 ROBIN SON ROAD • WOBURN, MASSACHUSETTS 01801 Phone:(617)933-0466 May 10, 1994 Mr. Leo Trombly Building Inspector Salem, Massachusetts 01970 REFERENCE: Grosvenor Park Nursing Center Dear Mr. Trombly, This letter is to certify that the work is constructed to my best belief, knowledge and understanding in substantial accord with the drawings, specifications and addenda prepared for the Grosvenor Park Nursing Center. Very truly yours, Q-� ECj".4j\ Richard E. Crowell, P.E. REC:mac ZN OF Mr RICHARD y U o. 24282 NJ POF �EGISTE4" FSS/ONAL EN�� 05!12!94 10:00 $401 467 6457 0 AHLBORG & SONS AHLBORG-GROS17ENCI 001!001 Elie Qluuunanlurtdtli of Alsondlitertts DEPARTMENT OF PUBLiC-SAFETY lug ELEVATOR DIVISION 4097$6 ONE ASHBURTON PLACE,BOSTON 02105 STATE I.D. I cL 62 If G CERTIFICATE FOR USE OF ELEVATOR Chapter 149,General Law,as upended. rapocfly JQ� Ibund, spaad/00 Fw p4 Min. F■OM to Inpe[Wr�..� WMIdf10Ma Fireman Service & Emergency Generator Expires on INCASE OF ACCIDENT NOTIFY(617) 727-9200 AT ONCE. . AFTER 6:00 P.M. At WEEKENDS. CALL. (617) 666.4000. '(Tile Qlrnunundurnitll of�Iiussndluartt6 DEPARTMENT OF PUBLIC SAFETY`t�1 A ELEVATOR DIVISION 09745 ONE ASHBURTON PLACE, BOSTON 02108 STATE I.D. I a /0 -743 ta.radu 7 �a ei✓G . 1,LGs Ar. SAGFm CERTIFICATE FOR USE OF ELEVATOR 2—o"' ,/ Chapter 143, Genual Law,as amended. Cupwily y0 110 Pwnds Sp W/0 O FM Par Min. EXPIM In odw g I Firemans Service & Emergency Generator Expires on 3-3-f� IN CASE OF ACCIDENT NOTIFY (617) 727.7100 AT ONCE. ,e. AFTER 6:00 P.M. & WEEKENDS, CALL (617) 668-4800. �i4 yv� 05/12/94 12:59 V401 467 6457 0 ALBORG & SONS 444 AHLBORG-CROSVENO f�j001/001 0. AHLBORG & SONS INC. General Building Contractors Since 1926 48 Molter Street 31 Milk Street,Suite 510 Cranston, Rhode Island 02910 Boston.MA 02109 Telephone(401)467-6300 Telephone(617)521-8596 Fax(401)467.6457 Fax(617)521.8599 May 12, 1994 City of Salem - Building Inspection Dept. One Salem Green Salem, MA 01970 Attn: Leo Tremblay Re: Grosvenor Park Nursing Center 7 Loring Hills Avenue, Salem, MA Gentlemen: As discussed, we are not aware of any requirements by the City of Salem to perform any road resurfacing in conjunction with work at the captioned project. however, O. Ahlborg & Sons' contract with Grosvenor Park Healthcare LP does require resurfacing 355 1.f. of Loring Hills Avenue from the intersection of Carol Way to the shopping plaza. This work has been completed. Further we have installed new sloped granite curbing at the Loring Hills Avenue side of the island, but not on the condominium association side. We believe this is in conformance with the Salem Planning Board decision. We regret that these issues have arisen, but believe we have adhered to all of our contract requirements. If you have any questions or concerns, please contact the undersigned. Sincerely yours, 0. AHLBORG & SONS, INC. Eric P. Greene Project Manager cc: Grosvenor Healthcare LP: Robert Salter, Ed Herman 0. Ahlborg & Sons: Glenn Ahlborg LESBURG 824 F�2 SAMUEL LESBURG ASSOCIATES CONSULTING MECHANICAL ENGINEERS ' REGISTERED PROFESSIONAL ENGINgERS 100 BOYLSTON STREET BOSTON, MASS. 02116 (617)482-3855 May 17 , 1994 ROBERT CHARLES GROUP 67 College Avenue Arlington, MA 02174 RE: GROVESNOR PARK NURSING HOME Salem, Massachusetts Gentlemen: This is to certify that the Mechanical work for the above- named project is constructed to my best belief , knowledge and understanding in substantial accord with the drawings , specifications and addenda prepared for the Grovesnor Park Nursing Home Center . The construction and installation has been made in compliance with the plumbing , HVAC, and fire protection plans and specifications—and addenda. We ,have made the periodic visits to the building and observed that the mechanical work has been done in a satisfactory manner. Very truly yours, SAMUEL LESBURG ASSLOCIATES By: Samuel Lesburg Massachusetts P .E. Registration No . 7808 t ` rllj! nEyr. I"I�En ( j 1 MAIN OFFICE STATE STREET BANE BUILDING NNEMAN AN (COMPANY INC REALTORS 1 BO FRANKLIN STREET UMAY I P LJJ 15 AM '75 BOSTON MASS 02110 ID (J. y 617/742-4930 118 Pleasant RECEIVED AI STREET CITY CF SAt.EH,MASS. FROM M AARRBLLEEHHEAD MASS 01945 617/631-9440 May 8, 1975 Building Inspector, (` ,m=) (City ) of Salem Miass. RE: Unit C-6, Loring Hills Avenue Dear Sir: The above captioned property is presently under agreement to sell by the owner through the offices of Hunneman & Comoany, Inc. The owner(s ) name is : Arthur H. & Gretchen Rutledge tel. 745-0212 Entry to the premises may be obtained by contacting the o,,,vner or this office should ,you determine that an insnPcti.on is necessary or desired. Would you kindly acknowledge that you have received this letter by signing and dating the attached copy , and returning it to us in the enclosed envelope . Very truly yours , Realtor-associate Hunneman & Co. , Inc. On 19 I received this letter in compliance with Section 111 .43 of the State Building Code . 1 Buildi=. Inspector 4/75 BACK BAY BOSTON CAMBRIDGE MILTON LINCOLN ANDOVER SOUTH HAMILTON GLOUCESTER 16 ARLINGTON STREET 18 BRATTLE STREET 97 ADAMS STREET LINCOLN ROAD 66 MAIN STREET DEPOT SQUARE 19 PLEASANT STREET TO City of_ Salem Building Inspector -5- Broad_ Street _ _ _ UNNEMAN AND COMPANY INC Salem, Mass. 01970 118 Pleasant Stbeit LMarblehead, Mass. 01945 .fix: ATTENTION DATE ;:Unit #C^ 6 ^Loring Hills; Avenue; 'Salem 5/12/75 „ Gentlemen: Enclosed is my check #179 for inspection of the above named unit. Same may be inspected by telephoning Mrs. Rutledge , present tenant, at 745-0212. She is usually at home in the mornings. After inspection is made , will you please forward your report to this office. Snincerrely yours, Richard S. Clough Realtor=Associate -- Speed Memo INSPECTION REPORT DATE: l�// a� 3o /&70" . ADDRESS:��PilT C—G .-Doer' /////S dj-yEk'-oa'c OWNER AA;J/L v"lof USE GROUP: oo/ NUMBER OF STORIES: 3� / NUMBER OF ROOMS (BY STORY) : /i��. �/ ��I Ig�h ,.2 '�%1✓� HOW HEATED: / �/�/t2 GAS: YES , I NO: 5 NUMBER OF SANITARIES: NUMBER OF ,APPROVED EGRESS DOORWAYS: REMARKS: �.rstri.�r»�l+i �-mor» />ire�•� _,Z'�.c /2�e�/��</ s, Ciao tiCri�r' �k\ FEE RECEIVED: YES ✓ NO: INSPECTION REPORT DATE: ADDRESS: �Drin� i 5 OWNER: r, n'IS USE .GROUP: 3 _ - =..SJ NUMBER.-OF=-STORIESJ � Y��C�.7� �'LX74C c� �a�a8 4��s�w,e•. � nb .: . - Liu NUMBER OF ROOMS (BY STORY) : HOW- HEATED: 5 GASr-YES- . ,./ NOc- NUMBER OF SANITARIES: 2, NUMBER OF APPROVED EGRESS DOORWAYS: `L REMARKS 2 1— r J`r •� -) �? r FEE RECEIVED: YES NO: f . .a Date Mr. 'OGeJF_je , Building Inspector Town/City of Massachusetts Re: C� �2 'CXTc U /"n O�GU�?"INGy Dear Sir: In accordance with Section 111.43 and Section 120.3 of the State Building Code, I,. as the owner, here ,,by request an inspection of the premises at C-a i%i//S �//f. c )fl��/�/ , and the issuance of a Use and Occupancy Certificate. Entry to the premises may be obtained by contacting �hL� OR, 01AAAE P, —should youdetermine that-an-inspection-is necessary or desired. Will .you kindly-acknowledge that•you_have:.received-this: letter-by- signing and dating the attached copy, and returning it to me in the enclosed envelope. Yours -very-_.-truly, Ownt On �_j Vn 19 7s I received this letter for the issuance of a Use and Occupancy Certificate. An inspection will be made by our office within three days. An inspection will not be made. by our office. Building Inspector I '5 44 ° a-I' ZI " � Y : �a J4 INV ` I h�. a o 4 INV.51.0 o I Q p „ I , - 5$ I / - Ir to f u r3 4 y c� SLoFE EL O I 1 / A o i 1 L3.8S W_c G�. 15 141 tw7 c�11 m, 1 W IZ — — — �Q.b� ^H TENNis �3:Oti L', ,p� LHANNELi L� L POOL �QPRCON / PAVED=-,SURFACE �' e° 4i211GRAVEL Aes�° / n�� I �'_ \ J Cee, 0 0 .� aq -:� .e'� �6 , o; - O b 9: V 06t 1�J / / 1u1. `\ ��C3 ` / i 1 5� l J _"') �+l . 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G:l<a�,. �.- 1 �•',-L"!/iJ�L '�h T`G �G�i/7Zr 4�/ L2GGf� .. ,,.Pf"/ia'� .//� G` '=-t- amu"` r �, / // y, .�3�-rR2 G�/L'"7 4.�_ G"✓�z vx��--'G:7yt,I- -:.� __ _ _�G"vL/ �L�,i �ZEIX.�I�..�/ �5 _(.J C7 t _Vt�%rG� J`..�1i�C�;f"�2'-Zr�22-' �c.Z--e',_� '�✓;:�Jz..L . -''I�.Gi%JL-I`��-/e,',�..�Z.t�:/- ,ia. �[i�`ilJ'G Y.l'..�L �.`�-�?Ze1 _ .�-.�iyi^•-C,-rc��. -G'31 „��•'t�'L.— �,.L��"�4. ✓� r."" / ,� r�'�1�� i/ /L � ...)Vl '��{_i� ��✓/,91i U"w 4�Com'. ' C-'�'r)r/.ry f 'r/(� F /�'7 �J,�/�1 / fir � �:,,: l-" y s �t�../ L- �r� I� f�-.. x l /,(,•71i G-1.�.; ""'� JZC�:?? .AGO �C�jJ.y_7�z�yG f r✓�2._ � G'.Y'c _�' .z a ..�°Z.�(sr. .�L � � - �-''/r1��"`J f`;�'zf !j� ''nJl.�/G.. 4 �C;/ . ✓''.�., t /.'..IL�'`l,'.�..+.. i%?'� �,.,y rrtr///.� . '7 72.`CL;%'�- !�!�`v'fJ...lJi'L ' '� f' /�f��;�' t:.�,Gr2� � t;Uz,'-7.��?� � ✓7 c{>y�,_.,.,. � .�. � - y �'::. a..y..;•: Xt' ,....n.nm .. �a.n+s:u4.'av�. .. . .�..... _ .. .LC�.L1r,.-0' h' u.S 1..aa:E�-« I'M +2 Mass. 471 471 . Pcllxway Realty Corp, v.Building Comnlisaioner of Medford. Public Utilities, 327 Mass, 81, 85. Opinion of the Justices, S Maas. 679, 681. The interlocutory decree sustaining the demurrer must ' =+r affirmed and judgment entered dismissing the petition. So ordered. FELLSWAY REALTY CORPORATION vs. BUILDING + r k CiOMMISSIONER OF MEDFORD & another. _ Suffolk. March 9, 1955.—April 4, 1955. t h - VrtWot: QnA, C.J., lXnMUa, H014As, 't MK(YS, Q` Wo,LlAMa, JJ. + S! Permit. Dlarutaulue. > .. r. , seeking to erect a building on his land in a city in full conformity to AW, but unable to secure a building permit solely boeause, of inatr c- � none of the city manager W the building commissioner W hold the :�mtter in abeyance, was entitled in a mandamus proceeding against l he, building commissioner to an order commanding the respondent to :;sue the permit, not merely to an order commanding him "to defi- nitelyact" upon the application for the permit, t PETITION for a writ of mandamus, filed in the Supreme :olicial Court for the county of Suffolk on Au ust 17, 1954. t i i pon transfer to the Superior Court the case Was heard by onnell, J. Emmanuel Kurland, for the petitioner. tfark E. Gallagher,Jr., City Solicitor, for the respondents. 1tONAN, J. This is a petition for a writ of mandamus for ,{ tirtissuance of building Permits by the respondent building .,mmissioner to enable the petitioner to erect a drive-in s ,.wtaurant and a small storage building upon a parcel of *s hxwi which it owns in the city of Medford. The plans and r -q,wvifications for the proposed structures comply in every i iv�,;rest with the building code of the city, and the pro- ' + 1 Irase+1 use of the land is lawful and within the classification Of uses permitted by the zoning ordinances of the city. v , Subsequent to the filing -of the applications for building 9 g pP g 4 472 332 Mass. 471 Fellaway Realty Corp.u. building Commia'doner of Medford. 1! permits, an unsuccessful atte pt was made to amend the Kzoning ordinances in such a T.ay that the petitioner wouldr be required to obtain the prioj} approval of the city council for the proposed use of the premises. The. building com- missioner would have issued the permits but for the in- struction of the city manager, who was added as a respond- A, ent by amendment to the petition, to hold the matter in abeyance. An appeal by the petitioner to the board of appeals, in accordance with the building code, was not " + heard, the board declining "jurisdiction to entertain the ? appeal in view of the fact that there had been no decision by an administrative officer of the city." It appeared from IJ the statement of agreed facts upon which the petition was ! submitted to the judge that the petitioner had done every- ; thing on its part to be done in order to entitle it to the issuance of the building permits. The judge ordered the writ to issue "specifically commanding the respondent . � + [building commissioner] to definitely act" and dismissing 2 CZ. the petition as to the city manager. Later he allowed a "✓ motion that judgment be entered in accordance with said "t �y order. r^ We. agree with the petitioner that it was entitled to a fuller measure of relief and to an order commanding the building commissioner to grant the permits. ' A landowner has a right to improve his premises by the erection and use of buildings thereon where he complies i with the existing statutes and ordinances, and he is entitled # to whatever permits may be necessary to enable him to exercise this right. "The right to build would be utterly lacking in substance if its exercise could be prevented by the arbitrary and capricious refusal of a permit, or if the granting or denial of the permit rested in the discretion of some official or board." Kenney v. Building Commissioner � rs: of Melrose, 315 Mass. 291, 293, 294. D'Ambra v., Zoning z e to Board of Appeal of Attleboro, 324 Mass. 61. Deutschmann . . v. Board of Appeals of Canton, 325 Mass. 297. Caputo v. yr` Board of Appeals of,Somerville, 330 Mass. 107, 110. What- .� ever lower, if any, the'city manager had with reference to I . onl r 332 Masa. 473 473 ' Livoli V.Stoneman. the granting of permits, he had no authority to induce the M building commissioner to refuse to act upon the petitioner's r applications. Judgment must now be entered commanding the building commissioner to issue the permits and dis- missing the petition against the city manager. Elmer v. Commissioner of Insurance, 304 Mass. 194, 199. Massachu- setts Society of Graduate Physical Therapists, Inc. v.Board of Registration in Medicine, 330 Mass. 601, 605--6W. So ordered. ' J y, GrY r. 1 k PAUL LIVOLI VS. VERNON C. STONEMAN & others, trustees. v:. Middlesex. February 8, 19.55.--April 5, 1955. "•� ,z'�4j Pnxcut: (ltra, C..1., 7.0+rnrt,a, Rosas, WILB}H.S`, & CoVN-Inns, •i.J. Y Contract, Tor sale of real estate, Performance and breach. t , t`nder a contract for sale and pnrehase of a large tract of landproviding that the sale was "subject to the sub-division plan being approw-d by the Planning Board, for a development" and that if the sutler ' should be "unable to give title or to make conveyance as . stipu- lated, any payments made under" the contract should "be refunded, ;.. and all other obligations of either party [t]hereonto . . . [should] cease," a failure of the planning board to approve the subdivision plan, an important matter to the buyer, because he refused to agree to pay the,cost of bringing town hater up to the tract,where the buyer , � {.,•. and the seller had assumed the town would do this without charge and the coat as stated to the buyer by town officers was so high as to Ix; prohibitory and to justify him in refusing to pay it, rendered the ` w 1 :eller unable to make conveyance as stipulated and entitled the buyer re)a refund of his deposit. �^ fl3 CONTRACT. Writ in the Superior Court dated November z ' 'll, 1950. Y Bna The action was heard b ro J. v 8 , jj Maurice M. Isen, for the defendants. i William S. Monahan, for the plaintiff. CM;NIHAN, J. In this action of contract the plaintiff seeks to recover a deposit paid by him to the defendants on a written agreement for the.purchase and sale of a tract of y . i TITLE TO REAL PROPERTY 183A- § I CHAPTER'183A. CONDOMINIUM$ [NEW] See. i. •Dbtlnitions. 11.,,Br-laws; mandatory. provisions, 2."'Application of chapter; `creation 61, 12. By-laws; additional provisions. other Interests In realty. :,113. Claims involving common areas and 3: Nature of Interest; sale or descent. 1 facilities; liability. 4.,,Exclusive ownership and possession;, 14.,;Taxation and betterment assessments; restrictions. lien. ,. S. Interest in common areas or facilittes:,, 16. Subdivision control law. Percentage; division. '16i� Submission of property to this chap- 6:i'Proats and expenses; lien: +' I ' ter. - 7. Contribution towards common expense; 17. Rebuilding following Casualty loss; restrictions upon exemption from Ila-;,.,.,. partition upon disapproval;. repair or. bility; conveyance. restoration upon approval; purchase 8. Master deed; recordation;" contents. ''' from dissenting owner. .:9: 'Deeds of units; contents; plans. x'''18: Improvements; costs. ' ` 10: .Corporation, trust or association; In-'V 19. Removal from provisions of this chap - -'-' .Merest of unit owner; powers and; . ter. .. .. .I _ duties; manager or managing agent; , by-taws; records; effect of recorded Certificate. ' Chapter added bg,90963,d.493,1 X. Law Review Commentaries Condominium. . William Schwartz (1964) Cooperative apartments. Walter W, Mil-' 44 Boston U.L.Rev. 137. ler. Jr. (Fall 1965) 46 Boston U.L.Rev. 466. Condominium tax problems. Oliver Old- Priority of (lens on condominium. Wil- man, 10 Annual survey of Mass-Law, Bos- liam Schwartz, 11 Annual Survey of Mass., ton College, P. 208 (1963). _ Law, Boston College, p. 31 (1964). ' 1. Definitions -As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— "Building", building desi ub'd for dwelling or office Purposes, containing two or more units comprising a part of the condominium. ' • - "By-laws", the by-laws of the organization of unit owners. . "Common areas and facilities" shall, except as otherwise provided or stipulated in , the master deed,mean and Include;— (1) nclude.(1) The foundations, columns, girders, beams, supports, party walls, common walls, main halls, roofs, halls, corridors, lobbies, public stairs and stairways, fire escapes and entrances and exits of the building; (2) Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and Incinerating; (3) The elevators, tanks, pumps, motors, fans,,compressors,,ducts, and i11 general all apparatus and,installations existing for common Ilse; (4) The land on which the building is located; ' (5) The basements, yards, lawns, gardens,recreational facilities,parking areas and , storage spaces: .. . . ,(6) The premises'.for the lodging Of".Custodian or persons in charge,of the condo-` (7) Such community and commercial facilities as may be provided for£n the master' deed as being owned IS common.; '.. 1 11 , . . (8),All, tm other, th parts of enudomininm necessary or convenient to its existence, niaint@Hance tl ea#et}'"or normallq ln,common use. f i 183A § 1. TITLE TO REAL PROPERTY "common expenses", the expenses of administration, maintenance, repair or re• placement of the ®mon areas and facilities,. and expenses declared common ex- penes by this cha@der. - "Common funds"„all funds held by the organization of unit owners. - ?: "Common profit.the balance ofallincome, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses. "Condominium", the land, the building or buildings, all other improvementsand structures thereon, and all easements, rights and appurtenances belonging thereto,t which have been s>lmitted to the provisions of this chapter.1. -° "Master deed", e instrument by which the condominium is submitted to submitted time .pro- vision of this chaMr, as hereinafter provided, and any amendment to said intra-r, l "'Organization of unit owners", the corporation, trust or association owned by the unit owners and used by them to manage and regulate the condominium... Any given"perceamage of unit owners"means the owners of that percentage in the aggregate in interertt of the undivided ownership of the common areas.and facilitiesci "Bank or insurnn v,company", a bank as defined in chapter one hundred and sixty- _ seven, a federal saximgs and loan association, and an insurance company subject to the provision of cluipter one hundred and seventy-five: - -Unit", a part of idle condominium including one or more rooms, with appurtenant areas such as balotaies, terraces and storage lockers if any are stipulated in the ' master deed as being owned by the unit owner,occupying one or more floors or a part ! or parts thereof, dutduding the enclosed space therein, intended for any type of use,_: - and with a direct exit to a street or way or to a common area leading to a street or way, - -"Unit designation,the number, letter or combination thereof designating the unit.. In the master.deed. "Unit owner", the person or person owning a unit Added st1963, a 493, $ 1, as amended SL1967, e.$88. - First mortgages on efts of condominium, Law Review Commentaries � authority of banking institutions, see c. Condominiums (Feb. 1964) 77'Harvard 167, § 51C. L.Bev. 777. 1963 Enactment. 511963, C. 493, § 2, ap- Condominium.'William Schwartz, 30 An-. l Droved June 25, 1963,contained severabliity nual Survey of Mass.Law, Boston_Col-„ clause. - lege, P. 4 (1963). - 1967 Amendment. St.1967, C. 866, ap- Condominium 'advantages. Winiant - proved Jan. 4, 1968, extended application's Schwartz, 10 Annual Survey of Mass.Law, of term building to intrude building design- Boston College, p• 16 '(1963). 2-i s . ed_for office purposes._ - Condominium statute. William Schwartz, 10 Annual Survey of Mass.Law, Boston"Col-.. R' . . .. )ege. P. 9,(1963);1,::,: ,z, - .. i1. § 2. Application of chapter; creation of other interests in realty'' ?! ''i','�• This chapter shah apply only when"the sole owner or all of the owners of land- submit the same to Me provisions hereof by duly executing and recording a master" - deed containing a statement to the effect that the owner or owners propose to create- . a condominium to be governed by and subject to the provisions of this chapter. The provisions of this chapter shall not be deemed.to preclude or regulate the creation or` maintenance of othw interests in real propertynotexpressly,declared by the owner• - or owners to be subjwt hereto. Added SL3963, c. 493 comment Conveyancing, see M.P.S. vol. Law Review Commentarien >..� ,-�. . 28, Park 9 131. Condominium at common law. William Schwartz, 10 Annual Survey of Mase law, _ Boston College, p• 5 (1963) 26� TITLE TO REAL PROPERTY 183'A § S § 3... Nature of interest;.sale or descentEach unit together with its undivided interest in the common areas and facilities shall constitute real estate, and may be the subject of demise, devise,gift,mortgage, ownership, possession, sale, trust, the laws of descent and distribution and all other rights incidental to the holding of real estate as if it were sole and entirely inde- pendent of the other apartments in the building of which it forms a part. Added St 1963, a 493, § 1. -. li Comment. Conveyancing, see M.P.s. vol.. Law Review Commentaries 28, Park, 113L - - Condominium statute. William Schwartz, 10 Annual Survey of Mam.Law, Boston •. �.. College. D. 9 (1963) C.r 'ul § 4 Exclusive ownership and possession; restrictions Each unit owner'shan be entitled to the exclusive ownership and possession of his - unit, subject to the provisions of this section and of sections seventeen, eighteen and nineteen; provided,however,that:., - - ' .(1) No unit shall be devoted to.a use prohibited in the master deed; '1 (2) The organization of unit owners,its agent or agents shall have access to each unit from time to time during reasonable hours for the maintenance, repair or re- placement of any of the common areas and facilities therein or accessible therefrom . or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units; and _ (3) Each unit owner shall comply with the by-laws and with any administrative rules and regulations adopted pursuant thereto, as either of the same may be amend- ed from time to time, and with the lawful covenants, conditions and restrictions.set . 'forth in the master deed or in the deed to his unit Added St-1963,a 493,§L Law Review Commentaries 10 Annual Survey of Mass.Law, Boston. - Condominium statute. William Schwartz, College,P.9 (1963). § 5. Interest in common areas or facilities; percentage; division ,-._ t - (a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentageset forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the, . master deed bears to the then aggregate fair value of all the unitst.: (b) The percentage of the undivided interest of each unit owner in the common - areas and facilities as expressed in the master deed shall not be altered without the - _ consent of all unit owners,expressed in an amended master deed duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument '(c) The'common areas and facilities shall remain undivided and,no unit owneror - any other person shall bring any action for partition or division of any part thereof, except as provided in sections seventeen, eighteen and nineteen. Any covenant or _ provision to the contrary shall be null and void.' - (d) Each unit owner may use the common areas and facilities in accordance with their intended purposeswithout being deemed thereby to be hindering or encroach- ing upon the lawful rights of the other unit owners. .:; -(e). The necessary work of maintenance, repair and replacement of the common areas and facilities shall be carried out as provided in the by-laws- (}) Unless the.by-laws otberwise provide, whenever the common areas and facili ties shall require emergency works of repair, replacement or maintenance, any,unit - owner may undertake the same at his expense and recover his reasonable costs as A common expense..: .. .11,. 27 183A § S TITLE TO REAL PROPERTY (g) No wort: which would jeopardize the soundness or safety of the buiiding shall be done in a unit or in the common areas and facilities unless in every such case the : unanimous consent of all unit owners is first obtained. Added St.19m,C. 493,§I.- Comment. .Comment. Conveyancing, see M.P.S. vol. Law Review Commentaries ;..: 28, Park 1131. .. Condominium statute William Schwartz,. - 10 Annual Survey of Mass Law Boston College, p 9 § 6. Profits and expenses; lien i (a) The common profits shall be distributed among, and the common expenses shall be charged to, the unit owners according to their respective percentages of the un- divided interest in the common areas and facilities. (b) The unit owner shall be personally Mable for all sumslawfully,assessed for his share of the common expanses...... '.,: .. .* (c) The unit owner's share of the common expenses shall constitute a1len upon his unit and shall be enforced in the manner provided in section five of chaptertwo hundred and fifty-four. Such lien shall have priority over all other liens, except - municipal liens and first mortgages of record, as to such portion of said common ex- penses as became.due within six months prior to the commencement of an action to enforce such lien pursuant to said section five.+- - - - (d) A statement from the organization of unit owners setting forth the amount of unpaid common expenses which have been assessed against a unit owner shall oper- ate to discharge the unit from any lien for any other sums then unpaid when record- _ ed in the appropriate registry of deeds. Added St.1963,c 493, § 1, as amended St, - 19fi4,C.731,§1. .. . . 1964 Amendment. ' Approved July 9, Law Review Commentaries � 1964. Deleted, in second sentence of par. Condominium statute. William Schwartz, c, "held by a bank or Insurance company" 10 -Annual Survey of Mass.Law, Boston following "mortgages of record". -College, p. 9 (1963). i.' " .° Comment. Conveyancing, see M.P.S. vol. Priority of.liens on condominium' Wil- 28, Park, §§131, 451,457- them Schwartz, 11 Annual Surveyof Mass. i - .. .. Law, Boston College, P. 31 (1964) § 7. Contribution towards common expense;' restrictions upon exemption j from liability; conveyance jNo unit owner may exempt hinesesif from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilitiesorby abandonment of his unit; except that, subject to any terms or conditions contained in the by-laws, a unit owner may at any time exempt himself - from liability for his share of the common expenses subsequently to be assessed by a conveyance duly recorded of his unit or units to the organizational! unit owners, . Added St.1963, c 493, §.1•:. t �._:..,. !tr ' t .`•a r' c..-, .:: § S. Master deed; recordation; contents The master deed shall be recorded in the registry of deeds or the land registration office where the real estate 3s located and shall contain the following particulars:-•- (a) The statement required by section two,'- - - �- S.! .-- .., (b) A description of the land on which the building or buildings and improvements . are located. I I I t . .._ , a,a i { (c) A description of each building stating the number of stories, the.number of units and the principal materials of which itis constructed... , "I .:,, , .; i (d) The unit designation of each unit,and a statement of its location,approximate area, number of rooms, and immediate common area to which it bas access, and any other data necessary for its proper identification. - 28 TITLE TO REAL PROPERTY 183A § 9 (e) A description of the common areas and facilities and the proportionate interest of each unit therein. (1) A set of the floor plans of the building or buildings, showing the layout, loca- tion, unit numbers and dimensions of the units, stating the name of the building or that it has not a name, and bearing the verified statement of a registered architect, registered professional engineer,or registered land surveyor,certifying that the plans fully and accurately depict the layout, location, unit number and dimensions of the - units as built (g) A statement of the purposes for which the building and each of the units are Intended and the restrictions,if any, as to their use. - , ., _ (h) The method by which the master deed may be amended. it -I (i) The name of the corporation, trust or association which has been formed and through which the will owners will manage and regulate the condominium,together '. with a statement that such corporation, trust or association has enacted by-laws pursuant to this chapter. If a trust or unincorporated association is named, the master deed shall also set forth the names of the trustees or managing board. Added . St1963,a 493,§1, as amended SLIM,C 56,§1. 1964 Amendment. Approved Feb.23, 196i. Law Review commentaries. In cl. (f), inserted 'land" preceding "sur- Condominlum statute..William Schwartz, . veyor". ' 10 Annual Survey of Mass.Law, Boston Comment. Conveyancing, see M.P.S. vol. College,P.9 (1963). 28, Park, 9 13L Condominium tax problems. Oliver Old- " man, 10 Annual Survey of Massa aw, Boa- ton College, P. 208 (1963).' § 9. Deeds of units, contents; plans Deeds of units shall include the following particulars._ + (a) An indication that the deed relates to a condominium and is subject to the pio- - visions of this chapter.' (b) A description of the land as provided in section eight, or the post of!16 , address of the property, in either case including the book, page and date of record- Ing of the master deed. . . - .. (c) The unit designation of the unit in the master deed and any.other data neces- sary for its proper identification. (d) A statement of the use for which the unit is intended and the restrictions, If any, on its use, . . .. - .. (e) The undivided interest appertaining to the unit in the common areas and faeii- itles. - (f) Any further provisions which the grantor and grantee may deem desirable te, set forth,consistent with the master deed and this chapter. The first deed of each unit shall, In addition,have attached thereto,as part there- of, a copy of the portion or portions of the plans theretofore filed with the master deed to which copy shah be affixed the verified statement of a registered architect, - registered professional engineer or registered land surveyor certifying that they show the unit designation of the unit being conveyed and of immediately adjoining units, and that they fully and accurately depict the layout of,the unit, its location, dimensions, approximate area, main entrance and immediate common area to which to it has access, as built Added St.1963, c. 493, 111, as amended SUM, a 56,¢2. Comment. Conveyancing, see M.P.S. vol. 1965 Amendment. Approved Feb.23,1965. , 28, Park, 0 131. Modified concluding paragraph by requlr- _ Ing verified statement of registered land rii3 -:3r ...�•. surveyor. q..".. ., •.;n " . 183A § 10 TITLE TO REAL PROPERTY § 10. Corporation, trust or association; interest of unit owner; powers and duties; manager or managing agent; by-laws; records; ef- fect of recorded certificate - (a) Each unit owner shall have the same percentage interest in the,corporation, trust or unincorporated association provided for in the master deed for the manage- ment and regulation of the condominium as his proportionate interest in the common areas and facilities Such interest shall not be separated from ownership in the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument (b) Such corporation, trust or association shall have, among its other powers; the .following rights and powers:— " (1) To lease, manage, and otherwise deal with'such community and commercial fa- ellitics as may be provided for in the master deed as being common areas and facil. (2) To own, convey, cneumber, lease and otherwise deal with units.conveyed to it or purchased by it as the result of enforcement of the lien for common expenses,,any right of first refusal, or otherwise. (3) To obtain insurance on the common areas and facilities. Such insurance cover- age shall be written in its name, and the provisions thereof shall be without preju- dice to the right of each unit owner to insure his own unit for his own benefit. ' - (4) To conduct litigation and to be subject to suit as to any courseof action-in- volving the common areas and facilities or arising out of the enforcement of the by-laws,administrative rules or restrictions in the master deed. The expenses incurred in and proceeds accruing from the exercise of the aforesaid rights and powers shall be common expenses and common profits. (c) The organization of unit owners may, if the by-laws so provide, appoint a man- ager or managing agent to administer the condominium. Such manager or agent or the president may,when so empowered, act for the organization and references here- in to the organization of unit _owners shall include such person when so empowered. (d) The organization of unit owners shall keep a complete copy of the by-laws,in- cluding the amendments thereto, if any. The by-laws, the minute book, financial records, andvouchersauthorizing payments shall be available for inspection by any, unit owner during reasonable hours. A written report of receipts and expenditures shall be rendered to all unit owners at least once annually. Records of the receipts and expenditures affecting the common areas and facilities shall specify and itemize the maintenance and repair expenses of the common'areas and facilities, and any,', other"expenses incurred:` .❑i: ... .. . ,. _ .. (e) If the organization of unit owners is a trust or unincorporated association, an. instrument signed by a majority of the trustees or of the managing board named in the master deed and duly attested as the act of such trust or association may be re- lied on as conclusively establishing that such instrument was the free act of the trust or association,and shall be binding upon such trust or association when record- ed. No purchaser, mortgagee, lender or other person dealing with the trustees or the managing board of the association, as they appear of record, shall be bound to ascertain or inquire further as to the persons who are then trustees or members'of the managing board nor be affected by any.notice, implied or actual, relative thereto, other than a recorded certificate thereof, and such recorded certiflcate shall be con- clusive evidence of the personnel of said trustees or members of the managing board and of any changes therein. Added St.1903 c 493, § L § 11. By-laws; "mandatory provisions ... In addition to other provisions required or permitted bylaw,.the by-laws of the organization of unit owners shall provide at all times for at least the following:_c (a) The method of providing for the necessary workofmaintenance, repair and replacement of the common areas and facilities and payments therefor,including the method of approving payment vouchers. 30 . t TITLE TO REAL. PROPERTY 183A .§ 14' (b) The manner of collecting from the unit owners their share of the common ex- penses. (c) The procedure for hiring all personnel, including whether or not a manager�i or managing agent may be engaged.. (d) The method of adopting and of amending administrative rules and rcgulatlong*, governing the details of the operation and use of the common areas and facilities. " (e) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities,not set forth in the master' deed, as are designed to prevent unreasonable interference with the use of their re- spective units and of the common areas and facilities by the several unit owners. Added SL1963, c. 498, 9 1. § 12. By-laws; additional provisions. The by-laws may also provide:— (a) A method for determining the fair market value of the unit and of the condo minium in cases arising under sections seventeen and eighteen by submitting the matter to arbitration by a board consisting ofonemember chosen by the dissenting unit owner, one member chosen by the organization of unit owners,and one member, `. chosen by the two members so selected - (b) A procedure for submitting the disputes arising from the administration of`the - ! condominium to arbitration. (c) A right of first refusal by the organization of unit owners in case of the sale of; a unit, such right to be exercised within thirty days after written notice of intent to`� sell is given to such organization, provided, however, that this right shall not be a" exercised so as to restrict alienation, conveyance, sale, leasing, purchase, ownerships and occupancy of units because of race,creed,color or national origin. (d) Such other provisions as may be deemed necessary for the management and,. regulation of the organization of unit owners or the condominium not inconsistent with this chapter and the master deed._ Added St.1963, c. 493, § 1. Law Review Commentaries Condominium tax Problems. Oliver Old-- Condominium statute. William Schwartz, _ man, 10 Annual Survey of Mass.Law, Bos- - 10 Annual Survey of Masa Law, Boston ton College; P. 208 College, P. 8 (1863) _ § is. Claims involving common areas and facilities;_)fallilft. ul. All claims involving the common areas and facilities shall be brought against the., organization of unit owners, and all attachments and executions related to Such claims shall be made only against common funds or property held by the organiza- tion of unit owners and not against the common areas and facilities themselves. After such common funds and property have been exhausted, individual unit owners shall be liable for the balance due, if any, provided, however, that the amount for which a unit owner is,Uabie shall be limited to a sum equal to theamount of his Percentage interest in the,common areas and facilities times the balance due..Added , St.196$ e 493,§L, .- ''j: . . " . . .. . Law Review Commentaries Priority of lien&on condominium, Will-i J Condominium statute. William Schwartz; Liam Schwartz, 11 Annual Survey of,Mass.;e 10 Annual Survey of Mass.Law, Boston Law, Boston College, p. 31 (1864). College,,P. 9 § 14. Taxation and betterment assessments, lien Each unit and,its interest in the common areas and facilities shall be consideredsn individual parcel of real estate for the assessment and collection of real estate taxes," but the common areas and facilities, the building and the condominium shall not be deemed to be a taxable parcel, Betterment assessments or portions thereof, annual'' sewer use charges, water rates and charges, and all other assessments or portions - 3 _ 183A §. 14 TITLE TO REAL PROPERTY thereof, rates and charges of every nature,due to a city,town or district with respect to the condominium or any part thereof,other than real estate taxes, may be charged, or assessed to the organization of unit owners; but any lien of the city,town or dis- trict provided by law therefor shall attach to the units in proportion to the percent- ages, set forth in the master deed on record, of the undivided interests of the rel, spective units in the common areas and facilities: Added SLIM, a 493,§1.' ' Comment. Conveyancing, see M.P.S.vol. 10 Annual Survey sof Mass. Law, Boat," . 23,Park, ¢,191, 451,457. College, ,, 9 (1963). - Law Review Commentaries Condominium tax problems. Oliver Old-` Condominium statute. William Schwartz, man, 10 Annual Survey of Mass. Law Bos ton College, p. 209 (1963) , ry § 5. Subdivision control law The subdivision control law shall not apply to the division of a building into units. Added St.1963, e. 493, §1. ' Law Review Commentaries i Condominium statute, William Schwartz, . . a_.., .. 10 Annual Survey of Mass. L.aw, Boston College..p..9 (1963). ,.- § 16. Submission of property to this chapter The owners of any land and buildings who wish to submit such land and buildings to the provisions of this chapter may petition the land court for removall of such land from the provisions of chapter one hundred and eighty-five. Added St.1963, C. 493,: Law Review Commentaries Condominium statute. William Schwartz; ,. 10 Annual Survey of Mass. Law, Boston. ' College. P. 9 (1963). . , . .. .. . . §.17. Rebuilding following casualty loss; partition upon disapproval;_'; repair or restoration upon approval; purchase from dissenting owner . . . (a) Rebuilding of the common areas and facilities made necessary by fire or other casualty loss shah be carried out in the manner set forth in the by4aw provision,, dealing with the necessary work of maintenance, repair and replacement,using com mon funds, including the proceeds of any insurance, for that purpose,provided such casualty loss does not exceed ten per cent of the value of the condominium prior to the casualty. (b) If said casualty loss exceeds ten per cent of the value of the condominium prior _ to the casualty, and . _ 1. ,:,. ...' - -. - :j. .. (1) If seventy-live per cent of the unit owners do not agree within one hundred and twenty days after the date of the casualty to proceed with repair or restoration,the _ condominium, including all units,shall be subject to partition at the suit of any unit owner. Such suit shall be subject to dismissal at any time prior to entry of an order' to sell if an appropriate agreement to rebuild is filed. The net proceeds of a partitlea, - �'''` sale together with any common funds shall be divided in proportion to the unit own- er' respective undivided ownership in the common areas and facilities. Upon such sale, the condominium shall be deemed removed from the provisions of this chapter.' (2) If seventy-five per cent of the unit owners agree to proceed with the necessary., repair or restoration,the cost of the rebuilding of the condominium,in excess of any- available common funds, including the proceeds of any insurance,shall he's common expense, provided, however, that if such excess cost exceeds ten per cent of this; value of the condominium prior to the casualty, any unit owner who did not so agree! may apply.to the superior court of the county in which the condominium is located;; 32 Liu; L .o;r„ .._.. .. . J 9 TITLE TO REAL PROPERTY 183A § 19 on such notice to the organization of unit owners as the court shall direct, for an order directing the purchase of his unit by the organization of unit owners at the fair market value thereof as approved by the court. The cost of any such purchase shall be a common expense. Added SLIM, e 493, $7. ' Comment. Conveyancing. see M,P.S. vol. Law Review Commentaries ' 28, Park, 1 131.: Condominium statute. William Schwartz, - 10. Annual Survey of Mass. Law, Boston, • College, p• 9 (1963). - - § 18. Improvements; costs '- (a) if fifty per cent or more but less than seventy-five per cent of the unit owners' agree to make an improvement to the common areas and facilities, the cost of such improvement shall be borne solely by the owners so agreeing. .� -" -::}. 8_ (b) Seventy-five per cent or more of the.unit owners may agree to make an im- provement to the common areas and facilities and assess the cost thereof to all unit owners as a common expense, but if such improvement shall cost in excess of ten Per cent of the then value of the condominium, any unit owner not so agreeing may.- apply to the superior court of the county in which the property is located, on such notice to the organization of unit owners as the court shall direct, for an orderf` - directing the purchase of his unit by the organization of unit owners at fair market— value tbereof as approved by the court, The cost of any such purchase shall be a?-' common expense. Added St.1963,e.493, 1 Z Law Review Commentaries '^ f 7 Condominium statute, William Schwartz 10 Annual Survey of Mass. Law, Boston E College, p..9 (1963) V �'f f, ! ' § 19. Removal from provisions of this chapter (a) Seventy-five per cent of the unit owners, or such greater percentage as is still. ulated in the by-laws, may remove all of a condominium or portion thereof from the? - provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens upon any of the units affected consent thereto by intra•. ments duly recorded. Upon such removal, the condominium, including all the units, Or the portion thereof thus reproved shall be owned in common by the unit owners; and the organization of unit owners shall be dissolved, unless it is otherwise provid- ed in the removal instrument. The undivided interest in the property owned in com-; mon held by each unit owner shall be equal to the percentage of the undivided inter- cst of Snell owner in the common areas and facilities- -" - `- - "l- .`°"'"" (b) Such removal shall not bar the subsequent resubmission of the laad Wand build=1-" loge involved tothe provisions of this chapter. Added St.1963, e. 493, ¢' L Comment, Conveyancing, see M.P.S. vol- Law Review Commentaries 28. Park, ¢ 131, - Condominium statute.:William Sebwartz,} 10 Annual Survey of ass,' Law, Boston ,ii :-c:_ „r. l? '. College, p. 9-(1963)." .. te' - t . .-" . �A".` . 1wLP.a k4 i}.(t'•s'r7 d giz'?n Hti�V:Eb:J �. i r cY" S:n':'I - Bs r r r k'iil rlr➢41; ..9D MALA.-9 1967 P.P-- .. p,31 ) - •rl U O a3 !_. .pCD U) - N H a) VI? CQ •r; U to m _ \ S-, +) • •r-i ? r! i C: a) it r-1 C '•:, .-C: .IJ hJ CC:.�_ V ➢-, ti cC)ri .1� Q) 4� r-I E > 5.1i. +L �U ->. I i �U U -S: N f rI) y O v N F ,U +) (1) U) fl +) rr Or ) to r' T C r, 4r -) .--1 I <.; tc fr. I.�. 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D S: [C [ti [U +1 O U) - Fll F, c l..0t1 c ! 1-))1 + E H +-• a •d +) w ra H •:i V 0 a> .).-i W0 f=. d IN +) r-I += N Si (1) [+y i <L O N .i; C U) Cf 0'� q, fI + O S. , ' N Fy (l. 4' 4-) Ori , „t L A� L7 U C C; I U C-{ 1{ '( 4., f G U «S -T" o O a7 :' CH (.>♦ +-) S� •r J U C: O T7 O T' a) +=' CO t1 I b +) n` C A? > I c, G N -(J '> T V) F •r, �-[ N O CT U) O o C +> r1 (0 r-I C, I U G 4J Q ..I n I +) A p� S,{ CH (-1 (f, N N W U +) r. I i S I) S-+ 0) r I 1 Sa J) 'Cj O ;-5 , I C.-I .i S., ti. N pa O U) rN UJ " o O U) T N ri 'd .? r 4 U U H N ci) Cr O i <, c0 ii 'O$1 W UA (D E, .L) 41,5 (I) C-" r{ a) dr a) r { { 4) U) +5 A O U rt A f,, C 9 w� C) !r +D C: + .0 P. H (1) a) C, kV i M U, F a) (J .i 10 V _1 .H .1-iN ,.0 .C '� N Cu of +) r-+ i-I O •H U) O ;> U «i N 1: +) (I) G G.1 1U J O O F: co ) a, U (U :-1 f-r U $ t O ' S ru C) 4 U ttNN y ""• [C r-) (r 1 • 1 (.S ,-r [U C._4 „ fD .. C N "1 (G 4 , 4- U (J (1) NNNNNNN h0 N C. Fi U) C t-i . .1 H a) r S; o) S' II` U Q) ,.' i .�) . .] (: ti 1i. 71 [p 4> ti 1 i C I F, 1 ?4 I. U] O [ll [U rU (U O S rl U CJ U < t += ):. -i 41 UI 'C7 - $? •(U O 0 N fCi'a, U) s' •T' i [rt aJ C.. F '-1 -,-I V) a) r ) -r! (� r-r h A r i (1') r •H N H U .F= i-) U 4 q 05 I7 "2 !-. nA) : ) OCN N H `L '1D L) J N [j r- ) p o Cl) A' ra n (t (1) N V O +-) U. E- U) O [r5 H .) 1 !. ) Sy N C) +) (( ) -) 'f) AJ N) N Fi 4) N ci n [A. cli N 4i 4)r.C. [) 4v n, i (- 4 1 !. r• I/) [p > N •. - CH Off'^ U) if) N tJ +) C` r, ! ' 1 N w N OS n F.l U) .. f+ H .H W (I) {) U1 U O FF •H :-S 4- +) G 05 (11, h;i :{ > a) +> n)c, 1 A.) a) V [U >,r-1 .- -1 U, C, C: N N -4) [ti N O a) . C, N O S'; �i °ri c; .ti) r •rI ;? N A S: O •+,-)i CUL:i m '- (1) [(1) 1) 1r,11 +a�) OFr -1 +[7' ".4) .? n 'G ;•, a) a) (17 -1 SaC:) 0 «, .x:7) (: ,, r) sC-' •,-; •++5. s: m C: 4� Sy +) 'S Ca f'- i) :-, U N N N s-' .,-i .Q O Sf - r-i +) N c; Y) c` \'d 4� In H N UO H CU f-1 (f) . Li .('' Of +' :ti{ (()Si a) O ✓ H f: 'r; P .[.) F-+ ,-i 1 Sa :y 97•H to G N I t 1 S ) r I :� N F-, K: 4� S%. •d .H ^ +3 r I -. .C: !~1 r' S, rS co 1 ( [). ) -„� 1 9I q F' U) a) C: U) N [G UJ N G-t F1 z .1.) (L I . CU N S-1 r'. a :) t) N ffl� i A Ipl�l III I1111[ C� � W CO C. N N K O 4-i N L N Q, O N ,C; [ o Lr C, N x V rti C 4 a) O C { > I E; f11. 1 Q O ,v +) f•. O G., OTS .,� .O 41, N rl a! +' •ri C.., N, CJ f-] N A' Q_ "l-: A) O a) _ e a IP i I id .s -2- I would like to have it understood that this program is not designed to deprive any owner of the -fair market value of the property. However, it is intended to prevent the Commonwealth from payinc the enchancement or improvement value of the property. after the public announce,-ant of our highway location. A representative from the Department' s Right of ',vay bureau will contact you in the very near future to work out all tale details. T he Department appreciates your consideration in this matter and hopes that we may expect your full cooperation. Very truly you , EDV. RD L. c Ci1FtI Si T`.IFp. Certified Mail Return Receipt Requested y f o C Cad � -�{ Y J �4n Ciwe� r t�,JT V;j,1 04 V (AJO.y gur cc, �l E' s�- U_ JS � r p Pleeeo Retuh vFiva Doye to Certified_, Tlie CovunovwealtL of Meaevehueette RetUTn IIOC II r OSTp DEPARTMENT OF PUBLIC WORKS4.0J 100 NASHUA ST., BOSTON, MASS. 02114va. - CEC28'67 uard to Progress Mas p45 a NU�3936581�Ji CERTIFIED Salem City Hall >� n.r Washington Street Salem, Massachusetts No. 55 ,992,. RETURN RECEIPT REQUESTED ,Attention: Mr. Daniel J. O'Brien r r a l�� `�� DEC � >� `�. �� .� ,,� ., � _. \ �s LORING HILL AssOOIATEs 101 .. 18 P LLIPS BEACH AVE. SWAD SCOTT, MASS. 01907 / 53-179 1 113 TOTAL ov iry ces LESS_%Disco rvT THE --X300 E O DER OF - - TOTAL DEDDDTIS X.! T T ,�T� A..IDT OF CHECQ DoT. Rs NA KEAG�RI/ST RING >�LLs ss SEs VSALEM, MASSACHUSETTS ♦Y}X. 910. 01:0 1 L31110 1 7 91: 13164 �� 4'u■ ueoi*,� L&ca ion, Ownership, and Detail must be Correct, ComplIte and Legible. J O Separate application required for every building. Plans must be filed with this application RFC:>-1VE® "E ON � '� Application for Permit to Build OCT 2 41968 '— f ALL taifPEATY D PT. Salem, Mass., .......�..... ..................................... TO THE BUI. D I CTOR: W ° The undersigned hereby applies for a permit to build, according to the following specifications:— m Location, No. .............. 1`-..�1........kq! , (......... ..v� Ward No. ..../�...... .................................................... y3 wName of owner is. . D.�.L.A�.Io....../Y/�--5.........ff.4 .0.4./.4.-Te5. ...........Address Nameof Builder? ...........................O..kJ,V&ti............................................................ ............................................ ro 0 Name of Architect or EngineerM ................................... MAI N,..ST1..g TA!&/ 1/Y � w o Material of building? ................(.!/.0.0.,49.....v.':,.......t17..t1:�'.OALR.Y.........................................: �. W ........ N U Building to be occupied for? ....... ....................................................................... �.: If a Dwelling, How many families? ..........57............................................... . c How near the line of the street? ..........4 7J................. Width of the street? ....fiK...................................................... CC b � Will the building be erected on solid or filled land? ...........5:.6 ✓P....:............................................................................ C tv s C Size of building, No. of feet front? .....�.. .�?....I........ No. of feet rear? ... �.j ..: No. of feet dee � l . W p. ...................... y •o g Y m o No. of stories in height, above basement? .3...........; No. of ft. in height from sidewalk to highest point of roof? Z .t tis vE ..... .fi'............Material of foundation? ....... ................................................................................................... t7 ^ o Will foundation be laid on earth, rock or piles? ...... !Q7-7y to ...................... CO. SES pLA11-5 hA7 LF - L8� 2�Vi3Vp 9-13-ES Size of sills?.................................... Posts? .................................. Cirts? .................................. Plates? ............................ C Building how framed? ......... 11 �V.IIQ �/ ...../l f h.. .Q.NR. .ST,e4. ,..... f%�PE Q FLc4�s .lQ/oopCrJ .. ........ External walls, 1st................. 2nd................. 3rd................. 4th................. 5th................. LMTI a e 1 thickness? Party walls, ) 1st................. 2nd................. 3rd................. 4th................. 5th.............. 4 g a What will be the materials of front?...........f. '.I.... 1.........0 .V!rx.X............................................................................ L e What will be the materials of rear?..............H..K14.K...........V!1 A'(. �'l... ........... C� ............................................................. V � °Y What will be the materials of sides? ............19..? �K..............i/ .Nz<.h... ............................................................................ cWill the roof be flat, pitch, mansard or hip?...../ ./.hT........Material of roofing?......13.!�L T..-.0 ............................... z�+ o What will be the material of cornice?...................M.2�.Tif..................................................................................................... 3 How many means of egress are provided?.........................Conductors connected to?........ .1e /.././............................ d Are there any hoistways or elevators?.....Y 5...................How protected?.......Md.sicK.Y.......�&4G C How is building heated..�¢K«/�.... �� ....G.G 11.71 4...Basement ceiling, how protected?.... .O..N!�eCT. .......... d:g Automatic sprinklers?.........)2.5...........................................Will chimney have flue lining?....YfS m� ............................... i Stairways enclosed in brick walls?....... ........................Thickness'of such walls?.......6........'L.QCK m « Estimated Cost, o. . or Valuation LOC/1�14 19 45S0C/t7,-s Signature of owner or authorized $..1.` Oj.00O........... representative J.. o —- 7&';5T Address.......CUJ.�,6..... % ..� ...... v :....... .....................:.. ........... PLAN OF LOT Showing Location of Proposed Structure APPLICATION FOR PERMIT TO BUILD ................................................CLASS BUILDDIG _ 1 ida LOCATION No.........:....................................................................... i ..................................I...................Ward...................... m 0.Owner.....................................................................�.... UD w � ' (.OBt.........................................................................�... y 1 3 CONDITIONS r O �+ N O � .................................................................................•.... q . . Pa i . a , ...................................................................................... ...................................................................................... Permit Granted .................................................................. 19.......... ................................................................................. ... i ��c,cowrq, ;` `� (tri#� of �ttlrm, i�tt,ssttrf�use##s '�,�.�� dire �e}�artateaf ?Headquarters �nmes �. �xexmsn T4id Sept. 20, 1968 James F. Brennan, Chief Salem Fire Department Sir : Foil-owing is a report of our inspection of the location of Loring Hills East, from 566 Loring Ave. Salem, Essex County, Mass . on the above date, and suggested requests for fire protection. 1. Only a 6 inch water main dead ended in the street out front of #566 Loring Ave . A connection is available to the MDC 16 inch main feed- ing Marblehead. A connection is also available to the Swampscott main. 2 . The Salem Hydrant is oppisite the lot shown as #564 on the plan. This would give a distance of 23 feet to opposite the drive way into the property. Thence a distance of approx. 300 feet to the front door of the building proposed. 3. At the present time they are Billing in the marsh land out back of The China Sails area, or more nearly behind #540 and 54% Loring Ave . 4. The nearest Swampscott hydrant is approx: 300 feet into Swampscott on Essex Street, from the point opposite the driveway. 5. Recommend a separate feed from the street into the proposed sprinkler system which will be required in this occupancy. 6. Automatic sprinkler system to be required in all corridors, stairwells, elevator well and all basement rooms . Sprinkler plan to be furnished to the fire department . Ref. Building Code Sec . 183 and Fire Code Article 14.1 to 14.6 7. State type of heat, plan showing shut offs for fuel, gas and electricity. Location of fuel oil storage if this is to be used for heating. 8. More detailed plan of the trash room to be furnished the fire dept . with details of the incinerator attached. 9. Self closing devices to be installed on all stairwell doors . 10. Self closing devices to be installed on all basement rooms . 11. Smoke doors. with self closing devices to be placed on the plan seperating the wings from the core area at all floors . 12 . Check accessability of rear of proposed building for apparatus or for level of terrain to operate on. 13. Sprinkler connection to be placed on front of building. Respectfully sub fitted 1 CONTITy Q, e tlzity of J�ttlrm, Maasar4usrtts �,�.� �firr �e}�urimrnl �Ieadquartrrs �nmes Drennan t¢hie[ September 20, 1968 Mr . Daniel O'Brien Building Inspector City Hall Salem, Massachusetts Dear Mr. O'Brien: This department reviewed the plans of the proposed apartment complex 'known as Loring Hills, East; located at 566 Loring Ave . Salem, Massachusetts . Lieut . David J. Goggin, Fire Prevention Officer, was assigned to re- view and survey the site and plans, to ascertain required fire protection facilities . His report is enclosed. Criteria for our conclusions were, the Salem Fire Prevention Code Article 14.1 to 14.6 and the Salem Building Code Section 183, and the schematic drawings of the Salem, Marblehead and Swampscott water supplies . I concur with his findings . Ver truly yours -n J e F. Brennan C i f, Salem Fire Department JFB :dg AT of "JajeM, tt c u P #s . ""�r , � �luliliC �YIIjJEr#g �E3Jtt1'�mElit Pu lb Peyart=n# 9.22.69 �InnieL J,(fJ'�ixictT, JY., �itpt. -, .. �Romn 7, CCU �inlh. Commonwealth of. Massachusetts, Department of Public Works, 100 Nashua Street , Boston, Masse6husetts , 02114. Gentlemen. Re-Vinnin. Square I-95 Connector Road. In accordance with a 'request from your office, dated Decem- ber. 27, 1967,. we hare .notified you on many occasions of plans presented for proposed ,construction in this area, and hereby not- ify you ot-ify :you of, the most recently submitted plans. These plans, dated' September 18th, 1969 , show apartment house complexes to be erected in the upper Loring Avenue region of this City, .at Vinnin .Square We would spokeo ate your advice and comments with regard to the access roads shown on this plan, in relation to the proposed relocation of. a portion of Loring Avenue, the proposed access ramp, and also with regard •to land indicated on this map as "proposed taking" . Very truly yours , i DJOBscc Inspector of Buildings ,f Public Prayertu Pryurtmrnt J � y September 26, 1968 }Luno 7. CRU 942111 Edward J. Ribbs , Commissioner Department of Public Works 100 Nashua. Street," Boston, Massachusetts 02114 A,tten: Mr. George Berardi, Right of Way Division. Dear Mr. Berardi: Enclosed is a. copy of a plan for "Loring Hills East" , Loring Avenue , Salem, Massachusetts , showing where the proposed apartment complex is to be located with regard to the Vinnin Square road con- nector. I shall await advice from your department as to what disposition you plan in this regard. - Very truly yours , DJOB: cc i \' v✓ INSPECTO OF BUILDINGS i i 612 3. F* K* Federal Juilding Beaton, Nassachuaotta 02203 Location Approval 5vvcrly—:'al(,n and tiin.dn Square Connectors FILL-62 and 623 October 29, 1968 ,Sr. 'Innicl c;. i?organ �hAefi Rngincer :cpartiont: of Public Works 'cyton, "AsLachusotts 02114 2), ar A'r. .ksrrana Pepartnrnt Suppiemrnta2 letter of Cctobcr 21, 1963 Ds bt-on rrceived and thn location of the suhfect routes in Pcabodk, a1rn, Beverly and Sxamproott, dencribad in your 1� t•trr of Lrcemtr•r 5, 19673, and an shown on thf� topor�ajhAcal map ettacho:d to your l ^ttor, . As s,>provr�. It As undnrstcod that the Prpartmr•nt vherc,, appropriate will eonridar thr rorsibility of utiliain,^, the Joint d, vclopw.nt eon— crPt for tl<is route and coordinate. with '',hone amara bei^r, considered for redevelopment. Thr arra bettoeen bouton St. And the, 2talcm-Beverly line in particular may be, affected by the forc,:oin? comment* We also approve your rtqucct to proceed with the preparation of the baoic .deaign upon which to develop contract plane. Very truly yours, for C. T. Garrett Division Engineer ccs Yr. R. Levine,. Design Engineer FHDownssbjb _. r REGISTERED MAIL - RETURN RECEIPT REQUESTED. October 31, 1968 ' Edward J. Ribbs, Commissioner Department of Public Works 100 Nashua Street Boston, Massachusetts 02114 Dear Sir: Would your please advise me as to the status of the proposed spur road from 1-96 to Vinnin Square, Salem. Have funds been allocated for land .. acquisition of the road design given to us on October 29, 1068 by Department of Public Works right of way man, George Berardi.? The request for a building permit for an apartment block right in the , middle of tbe,lay-out"is now being prepared for Building Inspector Daniel J: O'Brieu, Jr. to consider. This request will come from the Loring Hills Associates, _ It will come despite the fact that in a discussion on December 4, 1967,.I informed Mr. Brockman, one of the associates, that l did'not.wish anything to interfere with the proposed spur road from 1-05. He then assured me that the road would not interfere with his development. d very tiuly.youra, 4 ;Francis X. Collins, FXC/fagyor CC: Neal Mitchell, City Engineer Daniel J. O'Brien, Building Inspector ' INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom,data,and Deliver ONLY address where delivered ❑ to addressee (Additional charges required for these services) RE IPT Received the npMber d rticle described below. REGISTERED NO. SI NA R OR A RESSEE{MmtstrwrysbejJlkdsbj CERTIFIED NO. 1 a � �i% 2 ION DR OF ADDRESSGENT,IF ANY INSURED NO. DATE DELIVERED S WI E DELIVERED 6;;lyltreaoe NOV 18 1968 3 ' c36-19-71a48-10 aro POST OFFICE DEPARTMENT PENALTY FOR PRIVATEUSEM AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE$300 POSTMARK OF DELIVERING OFFICE Q� Ib 3 INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. Moisten gummed ends,attach and bold firmly to hark RETURN of atticle. Perot on front of article RETURN /' TU RECEIPT REQUESTED. TO a' NAME OF SEND M STREET AND NO.OR P.O.BOX E e W POST OFFICE,STATE,AN 21P COD O O 6 i of �5,Am, -.,� .,,allf�a ��ixbhe �ln�rer#g �e�izr#men# „„.. November 15 , 1868 Amid J. (Uprim, 1141n, o4ipt_ xoom •7, (1itg 91111 John C. Powers , Director Right of Bray Bureau, Department of Public Works , 100 Nashua Street , Boston, Mass . , 02114 Dear Mr. Powers : Your letter of October 28, 1968, indicates that the design of the proposed Vinnin Square connector road would be affected by the proposed apartment building; this leaves questions for the City of Salem which can be answered only by the Department of Public Works: 1. The DPW directive issued by Commissioner Ribbs on December 27 , 1967, states in part that "the Department will proceed to take whatever action is necessary to protect the public interest," . Will the DPW send us a directive to deny a building permit on the connector area? 2 . Assuming that the - application for a building permit complies with all local ordinances , what position should the Salem Building Inspector. take regarding its issue? 3 . The developer has repeatedly told me that I cannot withhold the is- suance of the building permit do this area , now assessed as open land. IIe has on several occasions submitted incomplete plans for permits on two separate sites within the connector area . In view of these facts , will the DPW issue to the City of Salem a "stop order" preventing the issuance of any building permit in the con- nector area? Very truly yours, DJOB: c c ._..�i io h Gu Inspector f ooam A Q 9f 9� r m � <� �Iec#ricttl �e��x#men# pfRlM in�(�pO�P �IIl#xt �1. �urrg, fir_ b0 ��jttr#ex �#xee# CHU Ylertridan �ttlem, NnyembAr 19, 19 68. Mr. Daniel J. OtBrien, Jr. , Insp, of Bldgs, City Hall, Salem, Massachusetts. Dear Mr. O'Brien: The Electrical wiring plans, as shown on Drawings numbered E1 , E22 ESI and E62, as revised 10/30/68, for Loring Hills—East, have been examined by me as of November 129 1968 and are approved. Yours truly, i y Ele rician. r> h C�.itu of `�Ulexn, ct cls e i , a �� f f �zTl�lit �,�Tara�eriv �,ys�ar#meat nil izi Pe artment (r.plar.o . November 1.5 , 1968 ,?lnnicl J- tD'jZlric", �fr_, �upf. �Innm 7, CRitLl ginll John C. Powers., Director Right of Way Bureau, Department of Public Works , 100 Nashua Street , Boston, Mass. , 02114 Dear Mr. Powers: Your letter of October 28, 1968, indicates that the design of the proposed Vinnin Square connector road would be affected by the proposed apartment building; this leaves questions for the City of Salem which can be answered only by the Department of Public Works; 1 . The DPW directive issued by Commissioner Ribbs on December 27, 1967 , states in part that "the Department will proceed to take whatever action is necessary to protect the public interest" . Will the DPI•! send us a directive to deny a building permit on the connector area? 2 . Assuming that the application for a building permit complies with all local. ordinances , what position should the Salem Building Inspector take regarding its issue? 3. The developer has repeatedly told me that I cannot withhold the is- suance of the building permit on this area , now assessed as open land. IIe has on several occasions submitted incomplete plans for permits on two separate sites within the connector area . In view of these facts , will the DPW issue to the City of Salem a "stop order" preventing the issuance of any building permit in the con- nector area? Very truly yours , DJ OB: c c - / . �.�;. . �, •.,!1 .i_ •til � � InspectO.r �f i;ui. dings `pt iR.yi U. S. DEPARTMENT OF TRANSPORTATION � 5 FEDERAL HIGHWAY ADMINISTRATION J BUREAU OF PUBLIC ROADS REGION ONE 612 J.F.K. FEDERAL BUILDING J U BOSTON, MASSACHUSETTS 02203 IN REPLY REFER TO. December 26, 1968 Mayor Francis Collins, City Hall, 93 Washington St., Salem, Massachusetts Dear Mayor Collins: At the request of Congressman Bates, we are enclos- ing herewith a copy of letter from this office to Massachusetts Department of Public Works approving the general location of the Beverly-Salem and Vinnin Square connectors. Very truly yours,,youurrs., for C. T. Garrett Division Engineer Enclosure . .cc: Congressman William H. Bates 208 Post Office Bldg. Salem, Massachusetts I � (1Ii#g of 'Sttlezn, fflassar4usetts Poarb of �eA4 5 Pronb Street A �R"Iun, $littm gi_ Ittllaueg, Jr. 29012n I Toomeg Tosry4 �R. �RirharD January 22, 1969 Mr. Daniel J. O'Brien, Jr. Inspector of Buildings City Hall Salem, Massachusetts 01970 Dear Sir: In reply to your letter relative to the construction of apartment buildings as a part of the proposed complex at Vinnin Square and Loring Avenue, please be advised that the department feels that under the law this constitutes a subdivision. Before permits are issued or any construction started, a plan must be filed with this office and the Planning Board. This plan must be approved in both instances. Very truly yours, FOR THE BOARD OF HEALTH JOHN J. TOOMEY, D,S.C. Health Agent T:f Chit of �afem, gavaurhusetfia ' .L�t�rr: , _� �uGlit ��Iro�erf� �elrttr#men# Puilbing Pepartment January 28, 1969 Amid 11. 0'�Lp rich, Jr., Z�upt_ �t�nnnc 7, (IIitk �dssll Edward J. Ribbs, Commissioner, Department of Public Works,. 100 Nashua Street , Boston, Massachusetts Dear Mr. Ribbs: Re-My letter to you 12. 31. 68 The Mayor and City officials of Salem are very much in favor of the Vinnin Square connector and would like to see its completion. Is there anything your office could do to make an advance acqui- sition or spot taking of the location of the proposed high-rise apart- ments which would be in a direct path of the Vinnin Square connector. The estimated cost of construction based on the application sub- mitted to this office would be $1,000,000. Plans for these buildings have been on file many months in this office . The application for the permit was presented with a check covering the cost of building permit in the amount of $300.00, both dated October 24, 1968. Mr. Herman Brettman, Trustee of Loring Hills Associates , the devel- opers who plan to erect apartments at this site , has been in constant touch with this office , visiting here sometimes daily, and calling con- tinunlly on the phone to find out when the building permit will be issued. I have been employing a delaying action, based primarily on your letter of December, 1967, requesting the cooperation of this office with regard to proposed construction at this and other sites of antic- ipated road construction, but it has come to a point now that I feel I must have some support for my stand, from the State. Very truly yours, DJOB: cc Copy to Mayor Collins' Inspector o ildings - S611 1 Alfred Dobbs, City Solicitor Neal B. Mitchell, City Engineer \' 4 ownx OtlLN a� AJOOI otlax r r C4 P'.. A G+ .+— Pieow-Ro ru in Five Doye to r ( 02;i a ' The Commo[o weolth Mnedaehneette ( to �'�'°'�•� + DFIP.ARTMENT OF PUBLIC WORKS 100 NASHUA ST., BOSTON, MASS. 02114 V. } 7 AUG N �.'�. 1, a ,.. _. � - .!� .� /969 .►-'a'�.-�..,........fv�+.�«�:� ',• ', Herman'Brettmen, Trustee k a 4 Loring Hills.Associates 56$ Loring Avenue Saleml 'Massachusettsi . ft x � x i f r1 - !. . •; +" i f y t " f {i / � yC S S 6 2F. A Trot IYm ILIF. 1. { tl 411, Ell a pr gga^ f i I ti �r .._,._- ,.. .,..- Oaax Otl3% V AaIOUAdOO w , oanx 0"3x 1 •. .. 'li _ � s .. �� %��GG�7Z�7LPyl�/C�IJ GG(1CI,(/ /'i'� ��I .� 100�zd11mai�7'fi ,,e/Jaitvv 02114, Y fr i^ 4 t• 1 August 'l, 1969 s , Salem , a Vinnih Square` Connector " t I ? Herman Brettman, Trustee `Loring Hills Associates' x ,, .568: Loring Avenue . j " Salem, Massachusetts - y � Dear Mr. Brettman: ? , i In. reference to your letter dated July 16, 1969 � I r- Prequesting. 'this Department to notify the Building Inspector is of the City ;of `Salem. that it has no objection to the issuance of a permit to build on a particular plot of land off Loring';Avenue in Salem as shown on an enclosed plan, ' : c please be; informed as follows: Predicated on the revised plan thatyou submitted, to this Department on July 30, 1969, entitled 'Preliminary ' { Plan of Land.in Salem —,Prepared for Loring Realty Trust - t• .. Scale 1' =60,.. - July 28, 1969 - Essex Survey:Service Inc., f ? + , ,t 47 Federal Street, Salem Revised 7/30/69, it a ppeare . that buildings e,rected ; on the 3.521 Acres defined by meets and y ' .bounds northerly of a line. marked "Proposed�Taking Line i - on said plan and within theproposedbuilding set back . lines. would; not be in conflict with the Department' s current *� developmentiplans for the Vrinnin Square Connector. . " r It will be necessary to relocate the .accesstroad i ' & ! � ' r from Loring Avenue as shown on the reference plan when the . access ramp`s to the connector ,are' constructed. If • 1 ' •`A `' S Very truly yours, t is I 1 � cr �'ti5t v + u m 3 a t „ aniel 'S. H�� Ifw RAW/KC p _Chief , hzgineer } ,i' 1 Eno• C-ROW DJOBL 'Jr ; A� PLEASE NOTE:. �., Brettman has plane t .. � ,. f (9i#g of �IElassar4 etts 'a. p Peparhneuf of ?Aahlic Works s�ca� NEAL B. MITCHELL CITY ENGINEER September 25,1969. Planning Board City Hall Salem, Mass, Re: Plan of Loring Hills Associates "Site Plan" dated September 18,1969. Gentlemen: Your letter of Sept. 19,1969 is not clear in respect to "not now a subdivision". Plan S-1, Road Layout, indicates a sub- division of at least five acreage lots. Plan L-1, Site Plan, appears to be a portion of the above mentioned subdivision plan. I fail to see how it qualifies for,- "approval under the subdivision control law not required". This plan shows a proposed "Access Road" to serve a 3.5 acre lot and also a lot consisting of the balance of the land owned by the developer. The 3.5 acre lot does not have frontage on a public way. It appears to me that to qualify for,-"approval not regati.red" every lot within the tract so divided must have frontage on a public way. If so, this plan appears to indicate a subdivision. The pian is not clear as it is not labeled "Preliminary" or "Definitive.' It is assumed to be a Preliminary Plan as it does not contain sufficient information to be considered as a Definitive Plan. If your letter means a future subdivision of the 3.5 acre lot, then the layout of the road on which the houses abut is not in accordance with your Rules and Regulations, nor are the utilities in accordance. I believe the Building Code requires the plans to be stamped by a professional Architect or Structural Engineer registered in plass. The Building Code also states that the level of the first floor of an appartment house shall not be more than 4 feet above the mean level of the street on which the building abuts. The plans indicate about 8 to 10 feet difference in elevation. The Site Plan indicates that there is to be more than one building on this lot. Is this to be permitted? If so, it could present unusual problems in servicing them with the necessary municipal utilities. More detailed informa- tion id- definitely needed in this area. There is insufficient information on the plans of the Access Road to determine if it meets the requirements as to lines and grades. Sideline data and profiles are needed. The plans also omit stone bounds to mark the layout on the ground :. f�i#g of �4ttlem, �1Httsatttl�usetts m Peparf umt of??aG&r POrho �CLmi¢ NEAL B. MITCHELL CITY ENGINEER September 2591969 Planning Board The plans show no water supply for domestic or fire purposes. It is believed that there is a problem involved in obtaining adequate fire supply to this area. If the building mentioned in your letter is to be construed as one building of 15 units, then water department rules call for one service line and one water meter per building. This would appear to be a problem as pipes are prohibited from passing through the fire wall from one unit to another in the building code. The plans indicate asbestos-cement sewer pipe, whereas your Rules and Regulations call for Vitrified Clay sewer pipe. The plans show no profiles of sewers and drains, and no easements over private property. A brook is shown, but no right-of-way for the maintenance of the water course is ihdicated . A pond is shown, to be maintained at a certain elevation, but no drain is shown to care for any possible overflow. The drainage water eventually enters a State drainage system. A State permit should be necessary to discharge into their system* One drainage sya-yem is shown as not discharging into a natural drainage course. Plan indicates that a sizable area could be flooded. This upper system should be connected to the one below in the Access Road. All catchbasins should be connected to drain manholes and not to each other, for proper maintenance. I believe the Planning Board should require provisions for the construction of the Access Road and the utilities in accordance with its Rules and Regulations, such construction and installation to be secured by bond, deposit or covenant. The City has no other way to take care of such matters. The plans do not show location of buildings on adjacent lots not owned by the developer so that it may be determined if a 75 foot buffer zone, as required, will exist. f1Zi#g of $alem, Masstte paettz Depurhnnd of 13uhlir Parks a�an�mE NEAL B. MITCHELL - CITY ENGINEER September 25,1969. Planning Board In any event, "No person shall make a subdivision of any land, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted and approved by the Planning Board." A clarification of much is needed before any approval can be given on the above referenced plans. Very truly yours, Neal B. Mitchell City Engineer cc Building Inspector -t x Qlity u tt1Pm, Irzs ttcl�u e## Ilublir 13roperig Pgar#men# Puaiq Pryar#men# 9 .25.69 tnnm 7, (gitg)u( - - - Mr. Neal B. . Mitchell, City Engineer — City Hall, Salem, Massachusetts Dear Mr. Mitchell : Having viewed the most recently submitted plan of Loring Hills .Associates with drawings of proposed buildings thereon, and layout of proposed. utilities installations, do you consider this to be a subdivision, requiring approval of the Planning Board? Very truly yours, DJOBtcc Inspec of Buildings � .urs. (��T' •g r 11 1 , 3,:#tt(rI'tr. Vrnus>r#n Prprtr#then# rItiltltttr� c eprtr#then# i�huirl '11. tD 31r_, giipt. MAROP 20 , 1970 �Rnnm 7, Lift+ ii:dl Mr. George Rernrdi , 100 Nashua Street , Boston, Massachusetts Dear George : Re-Construction in Vinnin Square area . At the present time , it appears that withinthe next few weeks, requirements of the varQus departments including the entin-erinn, plumbing, health, electrical, etc . , having been complied with, this department will be in a position to issue a building permit to com- mence construction of apartments in the Loring Hills Associates de- velopment in Vinnin Square . You will recall that we have discussed the matter of the location of the proposed development in connection with the proposed T-95 connector spur. Very truly yours , t 1 DJOB: cc Tnspector of Ruildinvs JOHN M. GRAY. JR. GERALD T. MCCARTHY ALBERT R. PITCOFF TA DIus T. SADOSKI \`,_J RAYMOND F. SWEENEY Q,1V zip ��Ctt?ruing ��crttri� ROOM 7 CITY HALL 9 . 19 . 69 Mr. Areal B: Mitchell, City Engineer - City Hall , Salem, Massachusetts Dear Mr. Mitchell : Re-Plan of Loring Hills Associates "Site Plan" Dated September 18, 1969 In connection with the Loring Hills development , a set of pians has been brought to this Board in connection with a building permit which will be sought by the applicant for one building consisting of fifteen apartment dwelling units . This Board is of course interested in the road and the utilities. This is not presently a subdivision, and probably no definitie subdivision plan will be filed until an application for a second building .is filed. at a later date . , With regard to this first building, and the road and utilities in connection therewith, we would appreciate your comments . This is not the plan about which you were kind enough to give us your comments in reply to our letter a few weeks ago. It is a new plan insofar as the building is concerned. We would appreciate it very much if you would let us have your comments . in time for our next meeting, October 2nd. Very truly yours, ARP8cc CLERK PRO TEM Plan enclosed '/'�I't y� /� y� ��y{ ��{�t'�} �} {/� /�J7�'7l' JOHN M. GRAY. . �G!'` Sl 'Y� {��lil� C.Y►ti��li�a1 �L4i GERALO T. McC, ALBEFJ 1 t a IttraTtstg IIttX� ITCO TADIU T R. ADO' Tgnlu: T. SAoo�. si / 11 RAYM C+ND F. SWC 10.2.69 MEMO PLAN OF LORING HIL.L,S ASSOCIATESt Supplementing 'my- memo of September 18th, the plans that were submit ted were changed again after .T had made the memo, and it was my un derstanding that they are now applying for a permit for building ,just one building. I will divide my comments into two sections: 1 . The. work under the ,jurisdiction of the .Planning Hoard Sibdivi: ion requirements - a.. Only a sanitary sewer is shown on the 'new access road l ading from Loring Avenue along the so-called main road; there are no sewers whatsoever shown coming from the main building to thI sewe7 in the access road. b. There is no indication• of any water service, fire hydraits, e + C . If the developer construes this house to be the type that woul be synonomous with Garden type apartments the individual se vices into each house would have to be shown, and there is no ind catiol of such.. d. The Plot plan .still shows the distance between building . as 4. On Plan L-l .there is a lot that front a directly on Loring A enue connected with the same parcel of land included in the plan .. Th lot insofar as can be determined will not be interferred wi h by future I-95 ramp, ,and it appears to that consideration b - the developer should be given to entrance and egress on the pro )erty and then there would be no occasion for rerouting of the ac :ess r e. In my opinion, even though the developer .is calling the build for which:. he is applying for a permit one building, there appear r be 3 separate buildings merely connected by a roof which in tern covers an open stairway that .is not connected to . any apartment . f. Because of the great criticism that 'we have had from Neal Mi- chell with regard to the Witchcraft Heights area whereas-future development was not shown, the so-called main road through''th( pry ject which terminates up on Loring Avenue near the Swampscott line should be definitely defined and included as part of this devtlop. ment plan; at a later date, if they wish to modify the exact loci . tion, there would be no objection to that . & There is no indication of storm drainage ; as far as I car de mine, all of the storm drainage would come dcrn the main access r- and spill out onto Loring Avenue . I believe. this is somethinf th, City Engineer should advise us on, as to whether he would perrit and if there are any alternative methods of ridding the proposed of storm drainage. ' h. The plot plan ,shows a single driveway leading to a garage . driveway must be at least eighteen feet wide so that two cars can parked on the dwelling lot ; it is not permissible under the cede, park one car in front of another. In conjunction with this requi ment, it is questionable in my mind if the dwelling units at the of the building .have sufficient depth off of the access road to p vide a minimum of eighteen feet in accordance with the Zoning cegl. ment . 2. BUILDINGS: I was asked as an architect and not as a Boart Mei to comment . We have been told that each building will be ser, ice� dividually; this automatically puts. the building into the cla: sif tion of Garden type apartments which in turn, means that the ext,. for of the building must be covered, at least 80%, by brick of of quarry material, and the other 20% MAY be wood or plastic nate The intent of this provision is to make these multiple family dwe more fireproof in accordance with .the Codes b. The rear elevations as shown show every other apartment. to lave a garage, whereas the plot plan shows every apartment to have a larai This must. be straightened out by the developer. c . There are no end or side elevations shown, and the plot play sh, the buildings to be staggered; this must be included in the drawings see how the various buildings connect with one another. d. The sections show the condition for a wood building; however , they do not show under sections where the masonry veneer will be in- cluded. Furthermore the fireproofing of the basement ceilings is no in accordance with the building code requirements. e . In accordance with the Building Code, plumbing, heating and van, ing, and electrical plans must be. included with plans for multipe f ily dwellings; to date, no mechanical plans have been submitted. There are several minor items that Mr. O'Brien, the Buildin{ In. spector is aware of, deficiencies in regard to the Building Code . Summing. up, these are merely what I would call preliminary Iro- gress plans and are far from complete, and certainly do not meet the requirements for which a building permit could be issued. :: ., JOHN M. GRAY, JR. , CH. IRM: (fi#u of *a4m, 'Mxssarhusr#s p . Peparhaeot of Publu Purbs xx February 11, 1970 xomwtx�xaaxw� CITY ENGINEER Mr. Daniel J. O' Brien Inspector of Buildings City Hall Salem, Massachusetts Re: Loring Ave. - sewer Dear Mr, O'Brien: The Engineering Dept. has made a study of the Loring Ave. sanitary sewer from Vinnin St. to the sewer siphon at Forest River. It has been found adequate for the present amount of flow. One section of this sewer is 151' in diameter at a slope of 0.5%. This particular section limits the capacity of the sewer above Elm Ave. to 1.97 mgd. The flow at this pointi.is estimated at 0.141 mgd. including the proposed 37 units of the Loring Hills Development. The sewage flow estimates were calculated by using a number of factors. There were assumed to be four people per dwelling unit in the particular area, the discharge into the sewer was assumed to be 60 gpcd. The commercial wastes contributed to the sewer were based on a figure of 0.005 mgd. per acre, from the sewerage report of C. A. Maguire and Associates. Also the infiltration rate was obtained from this report as 32.5% of the total average daily flow. The maximum hourly rate of flow in mgd. commonly taken as 300% of the average daily flow was used as a basis in the calculations. The Maguire report, mentioned earlier, indicates that illegal storm drain connections may be found in this sewer. This could increase the flow greatly. The elimination of illegal connections and remodeling of the siphon at Forest River plus the repair of the downstream sewer and the siphon on Canal St. should make the sewer more than adequate for the future. Very truly yours Acting City Engineer c xo wa ♦ o v a s w a eaxa oo CITY OF SALEM ALBERT R. PITCOFF MASSACHUSETTS ccSv SOLICITOR 70 WASHINGTON STREET SALEM, MASS. 01970 -744-2172 February 25, 1970 Daniel J. O 'Brien, Building Inspector City Hall Salem, Massachusetts Dear Mr. O 'Brien: This letter is in reply to your inquiry of February 24, 1970 relating to plans of Loring Hills Associates, Inc. 1. The linen plan bearing the endorsement of the Salem Planning Board is an approved plan and can be recorded by the owners. This plan shows approval of a proposed road and utilities. 2 . Plan showing the condominium unit #1 can be the subject of an application for a building permit, the plan being for one proposed 'building, since in my opinion it is the proper subject for the granting of a building permit. 3 . I have spoken to Attorney Jahn R. Serafini regarding the plan dated January 30, 1970, showing three separate buildings. I am informed this plan is not going to be used as an application for a building permit on the lot as shown, since this would constitute a subdivision. This plan is being with- drawn and therefore no further comment is necessary. Very trul urs, LBERT R. PITCOFF CITY SOLICITOR ARP :tp QlttU� IIf itlEllt ��2S55aC4LtSEtta s ,�S�V`�I}tISF.Om` ? ��11I�1�1TT� �F E�1rIr#meTl# FEBRUARY 24 , 1970 anir( ;). 00'�.lrieu, `�jr., Supt. X naom 7, (t:itL, 7-1a11 Albert R. Pitcoff, Esq. , City Solicitor - City of Salem, Massachusetts Dear Mr. Pitcoff: Re-Plan of Loring Hills Associates, Inc . Please advise me of your opinion of the enclosed plans. 1. Linen signed by Planning Board , approving installation of access road off Loring Avenue. 2. Plan showing one building on one lot which was presented to the Planning Board, showing the type of structure to be constructed on land off Loring Avenue for which the access road is required . 3. Plan submitted to me showing three separate buildings , to be constructed on this lot rather than the one building of con- tinuous structure referred to in #2 direct•ty above . I would greatly appreciate your advice and counsel with partic- ular regard to #3, as to whether or not in your opinion, this consti- tutes a subdivision under the meaning of the Subdivision Control Law. Very truly yours, DJOB:cc _, inspector of Buildings Encl. 3 Copy to Planning Board DESIGN & DEVELOPMENT ASSOC. 568 Loring Avenue SALEM, MASSACHUSETTS 01970 DATE__ —March 5 , 1970TO Phone 745-2037 599-7555 SUBJECT Loring Hills Mr. O'Brian Condominium No. 1 Building Inspector Salem, Massachusetts Complete_ set of revised. _drawings . Al.l_other_._. _drawings re ths_project should—be -discarded._ _. Thank you. S. J. Bonura -- - " "SJB/g - - - - - — _ _ SIGNED _ ❑ PLEASE REPLY ❑ NO REPLY NECESSARY c , 4 " ��lttinirlu� �'uttr� s ry� 065 qAY 10 P 3 :01 rm "Mem GUM CIT SAi EMf MASS ICE DECISION May 6, IV85 SPECIAL PERMIT SITL PLAN REVIEW_ �V-innin Associates_Realty Trust/Mr.�James Zief_f�, 33 Bedford Street, Suite 12/114 Lexington, MA. 02173 On Thursday, April 4, 1985, the Planning Board of the City of Salem held a public hearing regarding the application of Vinnin Associations Realty Trust/Mr. James Zieff for a Special Permit under Section R, Site Plan Review, of the Salem Zoning Ordinance, with respect to the construction ofFn` inety-eigltousing units off'Loiing Hills Avenue, Salem, MA. At a regularly scheduled meeting of the Planning Board held on Thursday, May 2, 1985, the Board voted, by a vote of seven in favor, none opposed, to approve the application as complying with the requirements for the issuance of the Special Permit with the following conditions: 1. All work shall conform to Plan entitled, "Vinnin Village II, Site Plan", dated March 8, 1985, revised April 1 , and April 11, 1985, stamped by Robert Venne, R.P.E. 2. Prior to issuance of building permits for Phase II, the land disturbed or damaged by development of Vinnin Village Phase I shall be restored to its former clean and/or undisturbed condition except for those areas which have been or are presently under construction. It is the intention of this condition that the Developer be responsible for clearing rubbish on the site which has accumulated during the course of construction. Such areas for cleaning and restoration shall be defined by the City Planner. 3. The Developer shall cause all traffic exiting from Vinnin Village to utilize a roadway to be improved which now exists as a construction road. Traffic exiting from Vinnin Village shall not be allowed to utilize Loring Hills Avenue. Such condition shall only be effective upon the completion and paving of the roadway which now, exists as a construction road. The road shall be completed and paved upon the issuance of the fifty—first (51st) Certificate of Occupancy for Vinnin Village Phase II. Such road improvements shall be subject to the review and approval of the Conservation Commission, City Engineer, and City Planner. 'E�CF I\��= 4. A booster pump, subject to the review and approval o ' the City Engineer and the Fire Department shall be installed to ensure adequate water pressure and flow for emergency fire use, unlesW eWA1n#@edPt3):" unnecessary after future testing. Such determination shall be made prior to issuance of Certificates of Occupancy for PhII. Y yCC!� ��Eft�r,! 'S OFFICE �(Sf� 5. Sloped granite curbing shall be installed along all §t' g MAcc roadways/driveways, except as waived by the Planning Board. 6. Location and screening of trash receptacles shall be subject to the approval of the Board of Health, and shown on the above—referenced plan. , .7. Refuse removal, road and ground maintenance, and snow removal shall be the exclusive responsibility of the Homeowners' Association. 8. All sanitary sewer pipes shall be constructed of PVC, or as approved by the Director of Public Services. 9. A minimum of 3' of cover for storm drain pipes and 4' of cover for sanitary sewer pipes shall be required. 10. Headwalls at each drainage outlet shall be installed. 11. Salt as a de—icing agent shall be prohibited, except in cases of extreme emergency. 12. All construction within the development shall be conducted in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. No work shall be conducted on Sundays. Inside work of a quiet nature shall be permitted at other times. ' b. All reasonable action shall be taken .to minimize the negative effects of construction on abutters such as noise, dust, fumes. Advance notice of the commencement of construction shall be pro— vided to all abutters in writing. c. A sign shall be posted at the intersection of Loring Avenue and Loring Hills Avenue directing construction vehicles to the construction access road and away from Loring Hills Avenue. d. All construction vehicles shall be cleaned in order that they not leave dirt and/or debris on the road as the leave the site. e. The Salem Fire Protection Code regarding blasing shall be strictly adhered to (M.G.L. C. 118 S. lOA and 527 C.M.R. 13.00) f. Drilling and blasting shall be limited to Monday—Friday only between the hours of 8:00 a.m. and 4:30 p.m. There shall be no drilling or blasting on. Saturdays, Sundays, or holidays. RECEIVE." g. All construction shall be carried out in accordance with the 9 Rules and Regulations of the Planning Boal. CIVr)p�£O he y Works shall be provided by the City only r pection o Vic' utility installation on the site at the expense of the developer and as is deemed necessary by tGITPftEWS DRFWZlic Services or the City Planner. SALEM MASS 13. Landscaping of the project shall conform to plan entitled, "Landscape Plan, Vinnin Village 2," prepared by K. Bell and dated March 30, 1985. a. Shrub diameters shall be as shown on scale plan referenced above. Mature trees shall be minimum caliper of 3" and shall be so depicted on above-reference plan. b. Shrubs and trees shall be maintained in a. healthy and thriving condition. Should these plantings not remain in a healthy and thriving condition, the responsibility for replacement of such plantings shall be the developer or his successor in interest. 14. Improvements at the end of Loring Hills Avenue to aid in traffic control shall be subject to the review and approval of the Director of Public Services and the City Planner. _ 15. Substantial violation of these conditions shall result in the • revocation of this permit by majority vote of the Planning Board. In the event of such revocation, no further Building Permits shall be issued. I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. This Special Permit .shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded on the owner' s certificate of title. The fee for recording or registering shall be paid by the owner or applicant. II \\ WALTER B. POWER,III E� Chairman, Planning Board dey e ,y � ft�ttg of ��IPm, �H�I882ICl�uSE�B AVubltr 1IVropertV Pepq .iymtnt �@emial . �"�triett; ifs,�$vpt ,,•; ,h 10. 2.69 oe r, CH tau t x city Planning City 'Hall, '� Salem; "Massachuse„ttsi SR ,1 } Gentlemen Wlould you'' sb ,kind as to advise me., whether or not in your opinion the recently submitted plan of the Loring Hills Aesociafea Cometitutes.•'a' subdivision under the Subdivision a , Co'ntrgl Law:R``'c' t / t � io Very truly yours , DJOBscc i yLLQ�j 1/ Inspecto "f Buildings ` { 4 � 1. COctober Planning Board ' City of Sale City Hall J Salem, Alassachusetts Re: Application for building permit Gentlemen: have had presented to me the application of Loring Hills Associates for a building permit for a multi-family dwelling consisting of approximately fifteen (15) units, to be constructed on land they own adjacent to Loring Avenue. These plans have also been submitted to your board. d ",5 S The os' state that this is not an application under the new optional , special permit , proceedure relating to garden- type-multi-family dwellings, enacted this year . I interpret this addition to the ordinance as providing only an option_ and not as , superseding the provisions in the ordinance relating to permitted uses generally. If the Planning Board interprets the application ,in the same manner , I am prepared to process the application in accordance with the existing requirements pertaining to multi-family dwellings. Please advise me of your thoughts in this matter . Very truly yours, (JR47 of ��:t[em, � ,tis:ic(Iusetts �`ilrpnrtarcnt of 11u[dir Porks dpi..ivrvt.vr. February 11 , 1970 xomwcxocxwxoo-�mcu CITY ENGINEER Mr. Daniel J. O' Brien Inspector of Buildings City Hall Salem, Massachusetts Re: Loring Ave. - sewer Dear Mr. O' Brien: The Engineering Dept. has made a study of the Loring Ave. sanitary sewer from Vinnin St. to the sewer siphon at Forest River. It has been found adequate for the present amount of flow. One section of this sewer is 15" in diameter at a slope of 0.5%. This particular section limits the'capacity of the sewer above Elm Ave. to 1 .97 mgd. The flow at this point ' is estimated at 0 . 141 mgd. including the proposed 37 units of the Loring Hills Development. The sewage flow estimates were calculated by using a number of factors. There were assumed to be four people per dwelling unit in the particular area, the discharge into the sewer was assumed to be 60 gpcd. The commercial wastes contributed to the sewer were based on a figure of 0.005 mgd. per acre, from the sewerage report of C. A. Maguire and Associates. Also the infiltration rate was obtained from this report as 32.5% of the tgtal average daily flow. The maximum hourly rate of flow in mgd. coAmonly taken as 300% of the average daily flow was used as a basis in the calculations. The Maguire report, mentioned earlier, indicates that illegal storm drain connections may be found in this sewer. This could increase the flow greatly. The elimination of illegal connections and remodeling of the siphon at Forest River plus the repair of the downstream sewer and the siphon on Canal Sto should make the sewer more than adequate for the future. r Very truly yours Acting City Engineer Vinnin Cor.Struct10r1, Inc. RliILE>l�a;: -sr;-�r 745-6264 DEC 19 111.5 Aid '9 December 18, 1986 RECEIVED CITY OF SALEI PASS. 1r. John LeClair Plumbing Inspector City Hall Salem, MA 10970 3E: Plumbing Leaks The Village At Vinnin Square Loring Hills >>ClluC, Salem Dear Sir: - The letter from J. Kennedy Jr. , of Boston and W?st Casualty, is not correct as to the reason we had plumbing leaks at Vinnin. -. Leak #1 was caused ba- Patten_'s Plumbing foreman, (Mr. Ernie Collette was not the plumbing foreman-nor was he on the site) when he cut off the fl.V_A,.C. drain lines and. thfm capped.his .drains to. test, the-rough P1 on-The H V.a: C. condensate drains were ,never re-connec aa ,--- _. causnvleaks when the .heating units were started up. -Leak #2-Patten replaced a leaking copper elbow in unit 1116' s Y.V.A.C. closet . Leak 3-Water was turned on in unit P95. The Vater ;,.rent „p to ,unit 97' ,- tub miz;ing valve (which was open) and then came back down to the hot water tank (that was not installed or had the -pipe capped) causing ,:rater to leak into unit - 93. ._ None of these three leaks have anything to do with self-priming traps. Very truly yours, Gordon Thayer President GT/eg "Loring Hills Avenue, Salcm, ]VIA 01970 (ITi#� of �Mlexn, ��ss�tcli�tse##� a_ A. iublic Iftoper#u lepttrtnten# ' —PO � �ixiltling �epttr#uten# October 29, 1968 Pain. 7, Qlitq -Tull Board of Health, _5 Broad Street, Salem, Massachusetts Gentlemen: Re-Utility Insta.11a.tions in Vinnin Square area. of Loring Ave . Reference is made to our letter of September 20t'. It would be impos- sible for this department to issue any building permit in this area until some confirmation is received from your Board as to the adequacy of storm drains . The preliminary plans received indicate that the one building refer- red to in the application for a. permit, received in this department on Oc tober 24, 1968, will be connected to the existing storm drainage system. To date , we have received no written assurance from either your department or the City Engineer that the storm drainage in that area is sufficient . Over a year and a half ago, the developer at a public conference held at the Hawthorne Hotel indicated there would be many multiple family dwel- lings built in this general area , and as yet m plans have been received by this department showing how the storm drainagd` question shall be re- solved. It has been discussed many times verbally, but this' department can not be in a. positionro£ issuing any building permit until your department assures us that the �'st6ra_`draina.ge for this building and all of the future buildings is adequate . If the existingg drainage system can not service the future areas, we feel that the City would be_•'in jeopardy , if' any permits were issued without some study and some drainage approval for the entrea:rea:' We would appreciate your reply before any building permit is issued. Very truly yours, DJOB: cc Inspector 6t ildings / I3outo Slip No . i, 55 06 SALlx1 Novembor .69 1968 (Vinnin Square Connector) Honorable Francis X. Collins Saler City Ball ' 93 Washington Streot Salem, Massachusetts 01970 Dear Nayor Collins This will acicnowlodgo receipt of your letter dated October 31, 19689 concerning the Vinnin Square Connector, Salem. There are no funds available for ri,ht of way ac- quisition on this projoct, and with the present freeze on Federal funds it is difficult to determine when funds will . be available. The proposed location 'of' the Connector as shown to you by Mr. George Berardi of this Department indicates that the apartment complex will be affected by the present design. Very truly yours EDWARD J: RIBIiS,.' CUi=LtiIISSIO�]iR GJB(ZkI5' eG i rAII GJ 13 ::' / Orth IIi oJalaa, gila!55ar4iisel a wyl \ , ui� izzcrzzxtmez2# November 7, 1968 innvc 7, Ofti, g1:,2! To the Honorable City Councillors , City Hall , Salem, Massachusetts Gentlemen: Re-Proposed Apartment Buildings" of"Loring Hills East" developers, in Vinnin Square area We have been advised by the Department of Public Works of the Commonwealth of Massachusetts that. the proposed apartment building s on the right of way of the connector road from Vinnin Square to Routes 1-95- Very truly yours, D,7GB: cc Snspecto of Buildings I/ , n s CZi#V 0 u�eut, (4115.sucliusvt#5 �� " �� i�e�xpzt3ltt lxikt��r��uurfxrs Jamasrumau 4i4 i{�C' v SVtrtXCC eih«f CiiY.BFttIe`{ ` !170 December 28, 1983 Building Inspector. R. McIntosh Re :Qoring Hills Ave. F.xt. _� One Salem Green V i llae—at V-i-nr i-n—Sgia.are Salem, Ma. 01970 Vinnin AsaocKWt Addenda to flan Review Report dated 72/27/83 ^, Sirt In addition to the items mentioned in the report submitter] with the date of December 27, 1983, on the items to be considered for the sub-division known as Village at Vinnin Square, the following items shall be made a part of the plan review report. 1. A master Fire Alarm Street Box shall be provided , on the City of Salem Circuits. Said street box shall be provided by the owners of the proposed project and located as directed by the City of Salem Electrical Department. 2. The proposed names of the streets shall be submitted to the Salem Fire Marshal, for approval of same, prior to issuance of first building permit. 3. Before construction begins on any structure a fire hydrant shall be installed , tested and in service, within five hundred ( 500) feet of said structure. 4. All proposed blasting at this site shall require submission of the required forms by the Certified Technician. If blasting is to take place within 250 feet of any structure a pre-blast survey shall be required and Form # 70 or h' 71A as applicable shall be provided. Respect f 11y submitted , Capt. David J. Gogg Salem Fire Marshal cc : Vinnin Associates City Engineer City Electrician file g City of '*atem, assuchusetts Jo4rti Aire Pepartmeut �ieabquarters te r: 48 Pfugette *treet Chief em, �fltt. 01970 Dec. 27, 1983 Building Inspector R. McIntosh Rei Loring Hills Ave. Ext. City of Salem, Ma. Village at Vinnin Square One Salem Green Vinnin Associates Salem, Ma, 01970 % 33 Bedford St. Suite 12-Box 114 Lexington, Ma. 02173 Sir: Plans for a proposed project known as Village at Vinnin Square, located at the present terminus of Loring Hills Ave. , were received for review of the Salem Fire Department. It is understood that the project is planned in stages, and will however require certain aspects to be set forth prior to any final approval. Plan A-1 Type T-1 dwelling: Plans are required to be submitted for each structure to be built, with A. C. hardwired smoke detectors to be placed and located by the Fire Prevention Officer. Each dwelling unit shall be construed to be a separate structure, and an application shall be required for each such structure, The address for each structure shall be obtained from the City of Salem Assessors office. Smoke detectors shall be interconnected , within each unit. Type T-1 units will be considered a single family type occupancy or condominium unit. Structural items are acceptable. Plan A-2 Type T-2 dwelling: Applications and plans to be submitted as noted for Type T-1 dwellings above. Plan A-3 Type F-1 dwelling: This type structure being a multi- family type occupancy shall require A. C. hardwired smoke detectors, with single station type within each occupancy and multi-station type within the common areas. An application shall be made for each basic structure address, initially as a four family unit. If the individual occupancies are to be sold as condominiums, a separate Certificate of Compliance shall be required for each condominium unit, prior to sale. Structural items are acceptable. Plan X(U)1-Site Utility Plan: Legend states 5 post hydrants required, upon review I find only three post hydrants shown on plan. However, my calculations indicate with some changes, we can accept four (4) post hydrants. The engineer shall make contact with this office to determine the final locations for approval. . Access appears satisfactory to structures. A meeting is scheduled for Thursda �p,,e , P2 1984 t with Mr. Zieff. Y�� "7` ' crc�� : 00 A, M. cc: Vinnin Associates G Captr. David J. Coggin� em Fire Marshal y� S� Vinnin Construction, Inc. 745-6264 December 18, 1986 Mr. John LeClair Plumbing Inspector City Hall Salem, MA 10970 RE: Plumbing Leaks - 4The�Village AL Vinnii Skuare., Loring Hills Avenue, Salem Dear Sir: The letter from J. Kennedy Jr. , of Boston and West Casualty, is not correct as to the reason we had plumbing leaks at Vinnin. Leak 111 was caused by Patten's Plumbing foreman, (Mr. Ernie Collette was not the plumbing foreman nor was he on the site) when he cut off the H.V.A.C. drain lines and then capped his drains to test the rough plumbing. The H.V.A.C. condensate drains were never re-connected causing leaks when the heating units were started up. Leak 112-Patten replaced a leaking copper elbow in unit 1116's H.V.A.C. closet. Leak 113-Water was turned on in unit 1195. The water went up to unit 1197's tub miring valve (which was open) and then came back down to the hot water tank (that was not installed or had the pipe capped) causing water to leak into unit 1193. None of these three leakshave anything to do with self-priming traps. Very truly yours, Gordon Thayer President GT/eg Loring Hills Avenue, Salem, MA 01970 Boston and West Casualty Claim Services Corp. P.O. BOX 981 FB.AHINGRAX (MASSACHUSETTS 81781 . a multi line adjusting firm Imre R. Halmos (6I7) 435-6988 Novefiber 19, 1986 Building Inspector John LeClair City Hall Salem, MA RE: REQUEST FOR INSPECTION CERTIFICATES OUR INSURED Patten 's Plumbing and Heating DATE OF ..INCIDENT 'August 7, 1986 LOCATION Vinnin Square Condominium Units, 16-21 PREFERRED MUTUAL 'POLICY"NUMBER 402064244' .."''a. . . . ..�. OUR FILE".NUMBER - :..- 1884 Dear Inspector LeClair: We are the Adjusters for Preferred Mutual and Patten ' s Plumbing and Heating. We have been asked to confirm-the cizcumstances surrounding water damages to the above captioned condominium. units. Patten ' s Plumbing and Heating advised that. Ernie Collette advised he plumbed condensates tubes requiring self-priming traps per your inspection. As a result the owners of Vinnins Square Condominiums elected .not to go with the primer and had the plumbing re-routed and the traps had to be capped. Would- you please advise your recollection of this scenario and in writing provide any inspection reports for the above y mentioned units . Did you request self--priming traps be added to the heat pumps on these units? Very truly yours , y. x Lawrence J. Kennedy, Jr. f BOSTON AND WEST -Plot LJK/meh cc: Preferred Mutual/Ms. B. Graham s R0.qTON AND WEST FOR THE DEFENSE" C 3 f as APPLICATION FOR PERMIT TO ERECT A SIGN �e.• �m Salem, Massachusetts �7 7il 19 RN K 1b9-9y PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK TO THE BUILDING INSPECTOR: / The undersigned hereby applies for a permit to Erect, Alter, Repair a sign on the following described building. �" Location � � Wi��iC� // � Zoning/District Name of Property Owner 6S osvf_..en 'PAhv_-NajLSV4w Name of Sign Owner ! /kA,t 1 Address ILO\L% MK - I kk & Y \Iy_ � ! �" A-ss If Owner is a corporation, name of responsible Officer Nr Name of Licensed Sign Erector ti UW - Address 2�� ( �j�n�( _ License No. 132 Use of Building: 1st Floor 3rd Floor 2nd Floor 4th Floor Type of Sign: Surface Right Angles to Building ({��' ✓ Free Standing Other ( ) Height: 2 Sign Materials : weal Sign Dimensions : 54 Y ) 7 Sign Area SF Existing Signs : Surface: Sign Area SF x Right Angles : Sign Area SF K Free-Standing: Sign Area SF Other: Sign Area SF Signs to be removed: Type Sign Area SF Frontage: Building FT Property^ _ FT Signature of Owner / e Name & Address of Address A:6 Insurance Company: Telephone x,01 --A 6-1- 6300 1 L-GJV4 *LSA l L st Estimated Cost of New Work: 21 $So tPPRO AL / + ' } ADD n A 1994 Salem t✓iarming Dept. APPLICATION TO ERECT, ALTER, OR REPAIR PLAN OF LOT A SIGN IN THE CITY OF SALEM Show Location of Present Structure and Signs BUILDING LOCCATION: &1AZ:p —� BUILDING USE: ------------------------------------- ----------------------------------- CONDITIONS ------------------------------------ ------------------------------------ E IT GRANTED 19 c 0/15/64 17;1§ VOI 467 6457 4 AHLBQRG & 90'S 144Z/042 ~ MAR 15 '94 17:30 GRAND DESIGN 617 631 5067 P.2 � o1b Ili 7 I V i G OSVENOR PARD tsaA >y700 r.n� Aim .► 4 ,- p JF"'+ j � a � �' " . �tv} ` � RTtfriv s t.��:•:z�j��L ; - a: m RXIM 0 d ow iL exist AA CA Y w _ ,_. �,, ti• G \` FDP .t ?,2 !1- ; �, :� � r.�;.✓� I ,1��JJ � 6 V !V•^• r .f r•1 i-i P. — 1 -- S. 4 T Lf E 1 3 O. AHLBORG E: SO;1:5 INC, t;.nc wi riu .+J 4 _ fIt}:tt;.J ws,;« r4A:4 .,�5 • . 44 t.C.Aef U, 4 ." ?CY041 w{406t '%� ;.' . Cf n.tcn.Nfww,.unG 02930 Sgaarry MA•0.9'% rpitythuno 140r 4&2 6' CC "riletotry Mee 221142.i $ Fa. (�Ot;A;-t.Eo57 t„ fii_�.fi)02245$9 e ."�'`�iC::,� :CEMCx �•� G"t�"4r7�LFt �Ix:�::e.�.' SENDER: Ah.40b�g & aciita', Inc,. PR6.:ECrt GAot,vcnox ?axit tltt "s n9 C4,t. 6:i,tt j:,utQot 7 La:Ylitp -SAt.te Avc.nuc' Fgo¢dC,{ 5upc.xt. s *ertx SQEsr, PA 41970 DATE. c'� �Pie FAX 508-444-7869— Ric- ' C014FANY: FAX # :. "S a g7« a—� � �.:.` i, r---•�. --. ...--•• .. . ,... .---...- ` We aRc ,t%anem!tta4*A!) h'+ttia,"tha r ' COPY ,00'iLeAtft?4: ' Pii.tchaoz pndek CF'iGl�(90 �04dc4 `Sk.e.t Ghee ' _ Shop 04aw4ni s ` 3p�.GC{Lca:lCrca :Gill •z _ .: .....�....- _ '_ a - v HESSACE: ..b�!.w.!1i. .J....._..i` i!V[.w�, y.1rIM1Fs.Y.a .;...-��+�-«dL-*..,...._.� 2>.t ,._ rs>..rx.�• i .4 I ....r.. Num4¢� off' pst ��.a''�ic «ng .bdN.ty `:lnc,tuda,ng xR�td C�vx�. paS� .t.a:._.. . :- '� ',,,._•'.. i f Ta `ca►titaa .,o aCa�ti. .a¢nd n AXWT—Ucte4 t, ox 11 vAu co not AcceLve at-t, pa9¢.a, pteaes 'datt 5Q!?-7d�-7851 4::7 ahk ;94 i_�. .� •`f 4r t 3 r f ' r•1 r ra+�i' , — •. -r 1_1 E 1 3 2. ._. 1; P—f•-r_... F• 0 . Y t.�1 Y i. , T .Yyt • \ ., }N ., T T'T.,' , 1\A"T•f TT-T� 'T T 11'.�,.,R'T'T'T'T.S�,f.•K•'Yi�T+�15•^. V'•j •11 ♦ +♦ ZI ! It'. >.'��1�N� PL.. ,�' �Yv..S,l14l �M'.{n V.R �lA':.: 1"1�••.11. �� ( ` gip'[1eg Al_.Wilyi 01-1 Pi..+r.;f�4T.r.,.. + Y - . '., (� d�1f� • tom.#, IF Y y,..I'L. i'.{ :_I i } ,^1 ,� 1, t FOLLOWlil C-Of"IMEt-l"T PLEASE CALL �,yq/� g( '✓."lN.sy�!' a�s�e y-/�_ ',�w,".{r�t �y.,.1�y d.4 �..t�.��.,y��'w,.O lz ,`9I,•ed3�. ,"�'i.,��,,w aiV1,..d �a:..i�+1Y!', tL3�! -��l1.`fr.V Feti F+M` '�(;',:��,Iw {� CwM+'IRa/1+i�R.,:�.4� sV�'Vr+a 9'�+� � 3. '.Ci . 'i.�� +er �.�'.f�•!-•c.en^i�++"��'�,4f r , t vr*oT,�>1•hf'1 Si as,�."♦��e'S/M:.Y 1>�. TYi. � 1 'r GG�i"Y r"V' M' A wol ;d6$4fYOt 4 pv4pLm. mum tf�'dsliJtM' �"+�a !sitAp : ""r. A-mysa,l *Is 404 ' ,' - f _/"/'�/`/b" (f`lti?" �_ ►dia`i7�$-"'t!;�{; .��'�.d�',�'x.'>"�s�31•� 'Y5`/�.�'t'�.d. � '- R ...y . �+y� }�} �(Si5°�ft� 0 ,�'idi9 � s�t�j�''.l:•.e 1WW�"•rr�i.L }�,� p��,� , p� `I H,S:F'��v �'�lJi :tai+• ET`;� a'C � i�V ('ti 4 �� ,7�Y?�x� ' �� fC► r � • x'214 d$19 1 ' �oNwr ;D FIELD COPY v� CITY OF SALEM BUILDING SALEM. MASSACHUSETTS 01970 PERMIT VALIDATION DATE April 12 19 94 PERMIT NO 109-94 APPLICANT Acme Sign Company ADDRESS276 Highland Ave. Salem, Mass 1324 _ . INO.I uvan I(aNl+•{ .Ir(N{u 3 ,' Fred Rian 1 sloov NI1L8ing' OIIle l DWELLIIN°UNITS a PERMIT TO I. 4 1111[ 01 IMAAO°[M(Nll N0. IAAOAO{{0 Y{(I 7 T.oring Hills Ave. Ward 7 ZONING AT ILOCAI Ohl DISTRICT INO.1 I{IAEtTI BETWEEN AND ICIIOU 1110([11 1010{{ tl A[[ll LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS.TO BE FT. WIDE 01 FT, LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION T. TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION Itntl REMARKS: Erect sign 72" I r + AREA oR 21880 PERMIT 20 00 VOLUME 1- - ---- ------ - - ESTIMATED COSTS FEE . S 'CVOIp t004RC F99T) awNa Crosvernor Healthcare T.imited Partnershin A^oREea 7 Loring Hills Ave, Salem. Mass. INSPECTOR OF BUILDINGS INSPECTION RECORD DATt MOT[ ♦K0011ft{ - CRITICISM$ •MD ■[MARKS INSPECTOR O No. Ly City of Salem Ward r ; � x 4cuor, APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all Nems in sections:1, II, 111, IV, and 1X. Loring Hills Ave. , The Village at Vinnin Sq. Condominium ZONING 1. AT(LOCATION) a l s nFF DISTRICT LOCATION BETWEEN N A AND N.A.OF tcnosssrnet ) IcnossSm� BUILDING N.A. 5 21 LOT 3.4 acres SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE•FOR"DEMOLITION"USE MOST RECENT USE 1 New buYtling Reeldentlal Nonreafdentlel 2 ❑ Adtlllbn(l resi0erlfiat soler number or new 12 One family 18 ❑ Amusement.recreational i lousing units added,it any,in part D, 13) 19 C] Chruch,other religious 13 ❑ Tvro or more)amity-Enter number 3 ❑ Attention(See 2 above) of units ..........._... ___..._........................ 20 C] Industrial 21 ❑ Parking garage 4 ❑ Repan nePlacemarn 14 ❑ Transient Intel.motel,or dormitory- 22 ❑ Service station.repair garage Enter number of units ._........................ 5 ❑ Wrackrg(l mu0 an*MSldenb84 w er number 23 ❑ hlospaal,institutional of units in buiWrg in Pan D. 13) 15 ❑ Garage 24 ❑ Office,bank.Professional 6 ❑ Moving(rebcaton) 16 ❑ CaMW 25 ® Public utility 26 ❑ School,library,other eduratonal 7 ❑ Foundation only 17 ❑ Other-specify 27 ❑ Stares,mercantile B.OWNERSHIP 28 ❑ Tanks towers 8 ® Primate(aldivoual.corporaton.nonprofa 29 ❑ Other-Specify instyubm etc-) 9 ❑ Public(Federal State,a local government C.COST (Omd cams) Nonresidential-Describe in demd proposed use of buildings,e.g,food processing plant machine shop,laundry building at hospital,elementary School,secondary school.calege, 26,000. parochial school,parking garage fordepanntem store.rental office building,office building 10. Cost of improvement _.......__......_.__........................__. $ at industrial plant It use of existing building is beep changed,enter proposed use. To be installed but not included in the above Post 1,500. To Provide electronic telephone service for a. Electrical b. Plumbing ___—__.—___ N.A. all customers in the Vinnin Square area. Q Healing,air conditioning —__-- N.A. d. Other(elevamr.etc.).-----___--- N.A. 11. TOTAL COST OF IMPROVEMENT $ 27,500. III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete onlyy Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL a. TYPE OF SEWAGE DISPOSAL 1. TYPE OF MECHANICAL 30 ❑ MMM(w4 bearing) 35 ❑ Gas 40 ❑ Public Or private company Will there be central air N.A. 31 ❑7 Woodfrarne 36 ❑ Oil NA conditioning? 1 41 C] Private Isopto tank.etc.) 32 E] Struchi alsl0el 37 ❑ Electricity 44 ❑ Yes 45 ❑ No M. TYPE OF WATER SUPPLY 33 C] Rainlaced mrrcrete 38 ❑ coal Will there DY an elevaM(1 34 ❑ Oyler-Spicily 39 ❑ other-Specify N.A. 42 ❑ Public a private company 46 ❑ Yes 47 ❑ No NA 43 ❑ Private(well,cistern) a 01MENSIONS I M. DEMOLITION OF STRUCTURES: 48. Numbers stones.............-............. e9_ aI�jfic bba edastluere aneestenaor� 591 sq.ft Has Approval from Historical Commission been received .. ........-._.......- for any structure over fifty(50)years? Yes_ No — 50. so. Taal Iaed area.w.ft.........59 z...-.S.q_ft_._.. Dig Safe Number N.A. K NUMBER OF OFF-STREET PARKING SPACE Pest Control: N.A. (Not pub i c way) 51. Enclosed_.._...._N_ A_,-....... _.._......... .._.. HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? N.A. sz. ou mors........ _N...A............ ......--— Yes No L RESIDENTIAL BUILDINGS ONLY Water. sa ficloseo__N.A...__--.. Electric: N.A. Gas: N.A.Full_. Sewer. N.A. 54. Number d baWnoms N.A. DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED F Partial - ...... BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: NC Historic District? Yes_ No—L (If yes, please enclose documentation from Hist Com.) Conservation Area? Yes_ No—X (If yes,please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No_ N.A. Is properly located in the S.RA district? Yes_ No—L Comply with Zoning? Yes—L No_ (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No_ (If yes,submit documentation/if no,submit Board of Appeal decision) N.A- It .A.If new construction,has the proper Routing Slip been enclosed? Yes_ No_ N.A. Is Architectural Access Board approval required? Yes_ Nom (If yes,submit documentation) Massachusetts State Contractor License # 1719454701 Salem License # Home Improvement Contractor# N A I Homeowners Exempt form(if applicable) Yes_ No_ N.A- CONSTRUCTION .A.CONSTRUCTION TO BE COMMENCED WITHIN SIX(6)MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: May 201994 If an extension is necessary,please submit Y , in writing to the Inspector of Buildings. V. IDENTIFICATION- To be completed by all applicants Name Madeg address-Number,street cM,and state ZIP Code Tel N& New England Telephone 459 Main Street ovmer le=seea & Telegraph Co. Saugus, MA 01906 381-6438 2 Caruso & McGovern, 23 Sutton Street cafta`to Inc. Lynn, MA Na - a Reliable Electric 11333 Addison Street (708) Archw or Fuer Utility Products Franklin Park, IL. 60131 455-8010 I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to to all ap icable laws of this jurisdiction. Sig of appl' Address date DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building FOR DEPARTMENT USE ONLY Permit number Building Use Group Permit Issued 19 Fire Grading Building -S�v ✓' Permit Fee $ ,1,7e_ v Live Loading Certificate of Occupancy $ OccupancyLoad Approved by. Drain Tile $ Ian Review Fee $ [ESD Data-(For department use) PERMIT TO BE MAILED TO: DATE MAILED: S 3 y Construction to be started by. Completed by. VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN•For Applicant Use NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY EXHIBIT 'A' ' JANUARY 29, 1993 � �.I SHOWING LOCATION OF EASEMENT AREA AT II THE VILLAGE AT VINNIN SQUARE CONDOMINIUM SALEM, MASSACHUSETTS 1 N/i JO�FON 40RM/NO "/F GROCF ICRC/G4T ~ NI 40,py/No pe N �4/T/4 VO NIF LOR/N6 PARCEL yY"" CONOOMIN/UN S e E UN/T/, •NC AREA 84393 t AC_ D�rO L\y PNAdf Z ./ VIIVNIN ISOUnRE-GE 19 r COpn01`11NIUM AOR/NG so,y�[L,Sw"14 Ile. � FD�E OF Pnvrrlr_nT U.G.'DUcT POLI E t.ELl c T rowc 'DEiA4�, N� Y/NN/N ASSOCIATCO REALIT TRUJT TELCO. DUCT d TO N13U1 f1RNNULE .�' O PRDPOSGUMRNNOLE � e 4 Reliable Electric/Utility Products Section RLEC 631-205-004 'o Outside Plant Series Issue 3, October 1990 UNIVERSAL ENCLOSURE (UE) DESCRIPTION AND INSTALLATION CONTENTS PAGE 1. GENERAL .................................................. 2 ' 2. SYSTEM DESCRIPTION............................ 2 -� A. CABINET........................................... 2 " B. DC POWER OPTIONS...................... 6 C. PROTECTION ................................... 6 D. DIGITAL/FIBER EQUIPMENT.......... 6 u ' 3. STANDARD UE LAYOUTS........................ 7 4. OPTIONAL EQUIPMENT........................... 12 A. HEATER............................................ 12 B. CROSS-CONNECT........................... C. R366 BLOCK .................................... 12 Fig. 1 - Universal Enclosure--(UE) 5. SITE SELECTION ...................................... 13 Front Access Cabinet 6. SITE PREPARATION.................................. 13 . - •- A. GROUNDING .................................... 13- B. 3_B. GEOGRAPHICAL CONSIDERATIONS 14 C."STUB CABLES .:................................ 25 C. 66NOW ....IJ0-'Q:r. .4J:&....A-J016 D..ACCESSORIES ....................... ........ 25 D. DRYWELL......................................... 10. CABLE SPLICING.................................i'i.. 27 - 7. 7 "7. INSTALLATION.......................................... 17 A.-OUTSIDE PLANT(OSP) CABLE...... 27 B:=TIP CABLE........................................ 28 8. START-UP.................................................. 18.. A. NON-POWER EQUIPMENT.............. 18 11. MAINTENANCE AND B. POWER ............................................. 19 REPLACEMENT PARTS ................:......... 31 C. COMMERCIAL AC POWER ............. A.AIR CONDITIONING......................... 31 CONNECTION................................... 20. . B.-SUMP PUMP..................................... 31 D. LIGHTING.......................................... 20 C.-EMERGENCY LAMP ........................ 31 E. ALARMS ........................................... 21 D. SMOKE ALARM................................ 32 F. SUMP PUMP...................................... 23 E..REMOVABLE ROOF ............._........ 32 F.-REPLACEMENT PARTS .................. 34 9. R399 CONNECTORS................................. 23 G. ACCESSORIES ................................ 34 A. DESCRIPTION (CONNECTORS) ..... 23 B. PROTECTOR MODULES................. 25 12. ORDERING INFORMATION ...................... 35 .,Page 1 SECTION RLEC 631.205-004 2.05 The UEs are equipped with 100-amp main circuit 1. GENERAL breakers and a power distribution panel or load center containing individual 15-,20-or 30-amp line circuit 1.01 This section covers the description of and installa- breakers.An electrical schematic is next to the load center tion instructions for Reliable Electric/Utility Products' (Fig.4).TheAC power distribution panel is mounted on a Universal Enclosure(UE)designed to house outside plant side wall of the UE under the main circuit breaker. electronics(Fig. 1).For digital loop carrier(DLC)equip- 2,06 Each piece of environmental apparatus(air men[options,refer to engineering practice 631-305-001. conditioner,etc.)is powered from separate lines with its 1.02 This practice is reissued to provide more complete own 15-amp or 20-amp, 110-volt AC circuit breaker. information on new air conditioners,grounding,alarms, lighting,ordering,and installation,including lifting 2.07 Two 110-volt AC 15-amp GFI duplex conven- procedures. ience outlets power test equipment,extension lights,and other necessary equipment. 1.03 Refer to other company practices or local building codes for the proper tools,methods and procedures to be 2.08 A ceiling mounted fluorescent fixture contains used in performing work items not specifically included in four 20-watt bulbs that are enclosed by a clear wrap-around this practice. safety lens(Fig.5).The light is controlled by a 12-hour timer switch.An emergency lamp is also furnished that 2. SYSTEM DESCRIPTION provides light for approximately 60 minutes in the event of a commercial power failure. 2.01 Reliable Electric/Utility Products' high capacity UE provides an aesthetically pleasing,flexible system for using remote terminal channel banks in a controlled F. environment.The UE can house up to 3 bays of remote rI terminal equipment,with all the protection,multiplexers, DC power,cabling,digital cross-connection and batteries �_ required to operate the equipment. A. CABINET ` c c 2.02 The UE is manufactured for reliability and a durability. All exterior panels,chambers,doors,and caps ift have a baked beige enamel finish specifically designed for use outdoors.The majority of the unit is made of 13-gauge, s. mill-galvanized,hot rolled steel.The entrance door,splice chamber,and removable roof access panel are welded - construction manufactured from 1/8-in.thick aluminum. Interior walls and ceiling are covered by Reflectex insula- tion. 2.03 Dimensions of the UE above grade are 71 inches high by 103 inches long and 72 inches wide(Fig.2).From the ground line,the base is 29 inches high by 72 inches a long,and 68 inches wide.The fully equipped steel base UE �- weighs approximately 6,000 lbs.;the fully equipped concrete base UE weighs 12,000 lbs. 2.04 On a standard cabinet,a power transfer switch and an auxiliary generator input connector are included in each UE to power the equipment from a secondary source if there is an extended commercial power failure.The main circuit breaker with the power transfer switch is on the inside wall near the doorway(Fig.3).The auxiliary generator input connector is mounted near the entrance way. Fig.3-Transfer Switch and Circuit Breaker Box Page 2 Issue 3,SECTION RLEC 631-205004 65.00 e 4 Grd. Lim 100.00 �-- 68.00 --� �--- 72.00 —�- 35.00 (Beek View) (Side View) (Front View) 103.00 -16.00 80.00 19.00 1 SUMP I - - I PUMP I L-_ J -7- A -I IPLICEao.00 30.00 CHAMBER ENTRANCE 68.00 11 –I / �I 72.00 if 72.00 Fig.-2- Dimensions of UE Cabinet Page 3 SECTION RLEC 631.205-004 NOTES. I. EXERGENOV GENERATOR REOUIRES A J NENNEKES P/N MEd100C12 OR EO IV- t/ i 20/240V SINGLE PHASE ILENT TO CONNECT TO EMERGENCY INLET- METERED, OVERCURRENT __ PROTECTED SERVICE AC LOAD CENTER JB J4 II f2 GNO XEu (E G tl ♦]usil E°Eo N zARAV O e U N s E 7 CBI FIFF1 cez I IBLN I � GRH CFCS N �� G E JAC ARRESNO TRA Box ER B I LX rTNEa 6XSiCM J12 NX a5J r GRN /77 R GRD S JI RDD EMERGENCY POS CIRCUIT BREAKER CODE CBI JI RECT. 01 (30 AXP) C52 J2 RECT. 12 130 ANPS 1. 14.J al I..AXI c J72 CBd JB A/C /1115AM A C 3 J10 ii M I ANP [ 6 J13 id LX ST li B CB 1 XG. IS AMP 10 CBB .IT MOX !15 N TtTS4e 4': Fig.4-General Electrical Schematic _ mergency Lamp 1 fOverhead Fluorescent Fixture �I Fig. 5- Fluorescent Light Fixture and Emergency Lamp Page 4 + AVERAGE DEPTH OF FROST PENETRATION (INCHESD ti 3540 I o f 15 6 T U 30 J6 JO 36 12 2 21 36• 21 16 60 JO 51 1e 36 OB 6654 j AB 12SI 6C /3 6 T • 1.66 36 19 16 31 60 33 51 60 60 11 60 l3 12 a 1e 13 21 OB / 6 ] t A • 11 1 2 6 • 2/ Is +• 31 26 1] 10 T2 49 36 15a 3 2 325 3 1 6 21 30 le 1e 23 J5 1] 2 1212 A 20 e a 2 / 611 12 36 ]0 0 to 23 13 ' • 20 2i 21 1B 30 31 20 A2 m 3 2 /T' le 31 13 3s p to JT N 2/ 21 /2 le 1• 30 6o 21 6 co / / N 21 23 /0 • 20 'T+ 2 - 6 2J 3 6111 ]p 15 3 � 12 10 10 T 20 6 2 r � •.`. / J 20 • 21 21 IT 1 3 13 13 6 t ty / 3 IB '� 1 ♦ 1210 < e S _1 B 5 ] PERIOD 1899-1938 1�>r� J m 1 Y INFORMATION COLLECTED i FROM UNOFFICIAL SOURCES From Climate and Man Yearbook of Agriculture 194.1 page 747 Z a IM i V r to o c SECTION RLEC 631-205-004 j NOTE:Steel bases may be used in most areas 2) A concrete slab may be used.The foundation where soil conditions are not highly corrosive to hole must be dug a minimum of 51 inches deep,and metals such as low water table areas.Concrete stone or No. 8 fill rock added,then 5 inches of concrete base UEs are more suitable to areas with sandy poured on top. Thefinish depth from the top of the slab soils or high water table areas(sea level). should be 29 inches.Also,the slab must extend six inches beyond the perimeter of thecabinet base.Care a) In areas where ground frost is not a concern,the should be taken to insure the slab is level. (Fig. 31) foundation hole for the unit should be 3 feet deep,with 5 inches of pea gravel placed in the bottom of the hole. Pea gravel is used as a leveling surface on the top of undisturbed earth(Fig.29). 7 s- 02" � Pour Contrera Slab (5•• thick minimum) �D J'u•00' J VJ.JaDa J 5 R ° Below Frost Line Pea Gravel 3' Deep — — — — Frost Line Fig. 31 -Conrete Slab Pea gravel 6.08 In areas where there are deeper frost lines than those mentioned in 5.06 above,the hole must be 6 inches Fig. �-Foundation for Light Frost Areas past the frost line and may be filled with fill rock or fill rock on a concrete pad. if b) In far northern areas, where the frost line 6.09 It is recommended that the cabinet be installed is at 36 inches,either: even and level.If the cabinet must be tilted in relation to the ground,the tilt should be toward the sump pump end. 1) The foundation hole must be dug a minimum Also,if some slope is unavoidable,a 1/4-inch pitch in four of 42 inches deep.Stone or No.8 fill rock must be feet toward the door(sump pump end)is acceptable. added and tamped to give a 31-inch finish depth. (Fig.30),or C. CONDUIT . ! 6.10 Install the conduit for feeder and distribution cabling before installing the UE.All materials and proce- dures must conform to local electrical building construction . " standards for conduit materials and sizing(Fig.32). GPo vN-b fel £r �/Nt 13SF �9"V7 E, ... 0 Azo"X19". 91/"X8.2"XS'/ ;<- fbuR /N PL73C.E Z. -- - ;. l CEN�a�T CoNcPcT� - -� C N� TcN Fig. 30-Foundation with 41are1t Fig.32-Conduit for Feeder& Distribution Cable Page 16 Issue 3,SECTION RLEC 631-205-404 / NOTE: the UE should be placed so that the cable C glands located in the cable rearrangement facility (CRF)are properly positioned over the PVC conduit for feeder and distribution cabling.The four cable conduit should be directly below the glands,5112 inches apart.The conduit should be positioned to allow adequate space for maneuver- ing cables into the splice chamber,approximately 121a from the overhang where the base and the top of the UE are joined. D. DRY WELL yY 6.11 The dry well for the sump pump should be dug M before the UE is installed.A suitable dry well should be dug in accordance with local building codes,then filled with gravel(Fig.33). 7. INSTALLATION 7.01 Upon arrival at the installation site or at a staging ` area,remove the tarpaulin and plastic from the UE.Detach the spreader bars packed with the cabinet. Put them aside for later use in hoisting the cabinet. 7.02 Proper lifting equipment,i.e.,a crane should be used to raise the UE.Also,the 2x4 spreader bars are used Lifting Holes in positioning the lifting cables so that the weight of the cabinet is distributed evenly during lifting. Fig. 34-Lifting Steel Base Cabinet 7.03 On the steel base cabinet(6-7,000 lbs.fully equipped),lifting cables are secured from the crane to the cabinet with clevises attached to the four lifting holes located on the angles at the comers on the cabinet base (Fig.34).On the concrete base cabinet(approximately 10- 12,000 lbs.fully equipped),lifting cables are secured to the cabinet with clevises attached to four lifting points in the17 i base(Fig.35). `r4 /f r;a .uayer+si.. Fig. 33-Dry Well for Sump Pump Fig. 35-Concrete Base Cabinet Page 17 SECTION RLEC 631-205-004 7.04 The spreader support assembly is constructed of Refer to this number when contacting Reliable for customer 2x4s.Place the spreader support assembly on top of the service.Also,check to be sure all necessary power and I cabinet to position the lifting straps away from the sides of cabinet instruction manuals are included. the cabinet and to distribute the weight evenly during lifting(Fig.36).Nylon straps are positioned from the base 8.03 Remove the packing from around the protection through the four(4)U-shaped ends of the spreader support verticals and sump pump. assembly to a single lifting point.When the nylon straps are safely and securely fastened to the cabinet,raise the 8.04 Standard lighting is furnished by a ceiling- cabinet off the flat bed truck. mounted fluorescent tight fixture enclosed within a clear plastic safety lens.The fixture contains four 20-watt fluorescent tubes.During shipment,the fight fixture is packaged separately and stored in the UE.Locate the light i fixture and remove it from the protective packaging.The fluorescent tubes and safety lens should already be in- ' stalled.Mount the fixture to the rod in the ceiling using the two clamps provided(Fig. 39).The light is supplied with an AC plug that is inserted into the receptacle on the top left front wall. f Fig.36-Spreader Bars 7.05 When lifting,to provide maximum leverage,avoid extending the amt of the crane.Raise the UE and lower it into the prepared hole,being careful to place the base so that there is 6 inches of space around the perimeter of the cabinet,and that the enclosure is in proper relation to the conduit.After the UE has been seated,check the sides and top of the unit to be sure it is level. Fig.37-Tamping Ground Around Site 7.06 After the UE has been placed,back fill around the unit with original earth and properly tamp the ground surrounding the UE until it is level and even(Fig.37).A decline of the tamped earth away from the cabinet is suggested to provide a proper water run-off. RELIANCE 8. START-UP COMM/TEC O A. NON-POWER EQUIPMENT UNIVERSAL ENCLOSURE SERIAL NO. UE90-0030 8.01 Open the door using a 216 tool.Secure the Reliable Electric windlatch and inspect the inside of the trait for any damage. 11333 Addison Street Check to make sure all equipment secure and an Franklin Park, Illinois 60131-1181 e4 P Y 86688d 708-451-5545 necessary electrical plugs are snug in their sockets. 8.02 Find the UE registration plate located on the instruction manual pocket on the UE door(Fig.38).Write Fig:38-UE Registration Plate the serial number down and save it for future reference. Page 18 New F�gland rfthom ANY141111—M®Company 451 Main Street Wakefield,Massachusetts 01880 July 6, 1993 Leo Tremblay Building Inspector City Hall Salem, MA 01970 Dear Mr. Tremblay: The trustees of the Village at Vinnin Square Condominium Trust. of Loring Hills Avenue, Salem, Massachusetts, has given their consent to enter into an agreement with New England Telephone and Telegraph Company to place a telephone cabinet on a twelve (12) foot by fourteen (14) foot easement area being situated at the front corner of their lot being fifteen (15) feet off the property line. CORRECT: BARBARA MCDONALD - MCDONALD & LAVER MANAGEMENT ;V0 APPROVE MARY ANDRUSZKIEW CZ /Area Operations ager New England Telephone and Telegraph Company VININVIL.SAL i� NYNEX Recycles IO. lip: 338 �� nnenUw J �•. ti"G ren.mn e.un ' 10mnn� AMpBI VDI. /'' IU vCI ISEI l IS 0181 p:' 18 •ifaw,a+ �QJ ucs+ewne "AKIr Pf\ I O8 474 0331i DMIt Andover: X17'; 8111 Lowell: 45£1-2542 IM Haverhill: 3749282 Lynn: 598-5050 Tfr1&i9N f-C.ITY�IFJJIE DEPAR'T'MENT BUILDI:NG._COMMI:SSIONER or BOARD OF BEALTB�o INSPECTOR OF BUILI)INCS BOARD OF SELECTMEN ii CITY OF SALEM _ — ) ( - _CITY OF SALEM I CITY HALL _ ) ( CITY HALL " 1 SALEM, MA ) ( SALEM, MA RE: INSURED: SHELDON & SELMA SHERMAN PROPERTY ADDRJ',:i:i: 6 LORI_NG_ HILLS_ AVE. , #3 POLICY NO. : H111516165 COMPANY: MERRIMACK MUTUAL LOSS OF: FIRE DATE: 9/24/92 FILE OR CLACM NO. : 2-1148-F Claim has been made involving loss, damage or destruction o7tb j above captioned properly, which may either exceed $1,0 . r cause Massachusetts_ General. Law, Chapter 143, Section 6 eapplicable. IE any not::ice nnder Massachusetts Gener aw, j Chapter 139, Section 313 is appropriate, please direct it to the attention of the w.cilrrr and Include a reference to a captioned insured, location , pol .i.cy number, date of loss and claim or file " number. r. 1 KI J,L1AM-_.J..- McGETTRTC$, TR , 11nsTU�ER . I; T i t:Le n On this date, I caused copies of Lhis notice to be sent to the persons named above, at: the addresses; indicated above, by first class mail. q , (Y'1 Signerl-ure ate i. I f l t i +Speed Letter 44_902.11�f��f�� Gera Line�� a ii I �Ill�`'llllrlll�llll�� Speed Letter®/q Ta. From 1L C Subject -FM IA vla MESSAGE ...._ REPLY ;;3 Date Signed wtlsonjolm iRRYLINf FORM"A2 PARI RECI[PIEN --RETAIN WHITE COP'. PETIJR Plr:,. '.ol "9B3-PRINTED IN V S A 1189 5. APR 07 '89 09:54 SUPERIOR FIREPLACE P.2/3 r The Fitepkm CmpcM AA�00~ April 8. 1989 •—�,' `W`--- C v Boston Stove c P.O. Box 120 0 W Reading, MA 01987 . � Attn: Don Kaufman �Tn s rM Dear Don: V> cp cn r.® In response to your inquiry regarding clearances on our GHC5000 Gas Fireplaces, please be advised as follows: 1) Horizontal combustibles may be placed as close as the top mounted spacers allow (4 1/4" above front). 2) With a horizontal combustible at 4 1/4" or more up from the top, 1" clearance to the "B" vent must be provided. 3) As described in 1) & 2) above - this is the way the units were tested by Underwriters Laboratories. 4) The 41" reference is to the ceiling in front of the fireplace, not above it. Thank you for your question in the interest of safety. Kindest regards, om Rehberg Vice President Research and Development TR/jr Enclosure cc: P. Brazell P. hull 4923 ARTESIA AVENUE•FULLERTON,CALIFORNIA 92693+(714)621.7302 FUU VITOK CA•UNION CATY,TN RPR07 1909:54 SUPERIOR FIREPLACE FIREPLACE SPECIFICATIONS a1u• ew' t , t• Figure ie Top IW' aew• aew• 4t' aaw- ew T— te• ta' ONC•800011, L(From( �ie Lw tw• e UA Alpht Rgure ie Figure 18 ONC•0000N, L(81des) ew _�II �- aavr--•I iB Top fipun } �n coM ks n aces civ i4t TO ic' p u N i T a -w�v �oaJ ► �e AA A,A ew' aaw• 4i• Sau- aew• ae1A• GRD•8000N, l(Front) 4 figure a (, /, Left Right t�1' 1FUn to ORD-5090N, L(Sides) iE:OIAMMa 6 ILLIISTi t Nat TC SCALE I: BOARD OF ASSESSORS ) 93 WASHINGTON STREET. CITY HALL, SALEM. MASSACHUSETTS 01970 (617) 744-0660 444 x IJUN N 57 AH El i OF SALEH,; 4ASS. June 23, 1987 Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 Dear Mrs. Fusco: Please be advised that the new recreation clubhouse being built for the Village at Vinnin Square condominium complex and located at the rear of Valiant Way has been assigned the address of 200 Loring Hills Avenue. ry trul yours, i Peter M. Caron Chief Assessor PMC:mjg cc: Postmaster Chief Joseph F. Sullivan, Fire Department Margaret R. Hagerty, Principal Clerk, Water Dept. !/rilliam H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem Mr. Steve Zieff, 1 Valiant Way, Salem, MA 01970 toxo u 'y OLt 9n CITY OF SALEM HEALTH DEPARTMENT 10, BOARD OF HEALTH -` `F'` t' Salem, Massachusetts 01970 �r` Lt_ ROBERT E. BLENKHORN May 29, 1987 9 NORTH STREET HEALTH AGENT (617) 741-1800 Property Managed by you _ EC-00 cated^at-Loring Hills ndimimum Complex Patty Ryan . c/o Summit Estates 1000 Loring Avenue Salem, Ma 01970 Dear Ms. Ryan: This letter confirms that the pool at Loill_s Condo mimiumycomplex has never been given a permit to operate by this department, anda— s far can be determined, no building inspector's permit was issued for the construction thereof. Consequently, in order to protect the health, safety and wellbeing of its users, regulations as mandated by the State Department of Public Health and those mandated by the local Board of Health must be incorporated into the operation of the pool. Per telephone conversation with Naida Gavrelis of the State Department of Public Health, the following high-priority items must be addressed at once: 1. An automatic chlorinator unit must be installed to the current filtering system 2. A six foot fence shall enclose the entire pool 3. Water is to be tested 4 times per day (by lifeguard or someone else designated by the trustees) , and a daily log kept 4. The Salem Board of Health will enforce the presence of a lifeguard who is trained as stated in the regulations, and who will be on duty at all times the pool is opened. In addition, a medical kit shall be available and access provided for a telephone at all times. Safety equipment shall be on site as mandated. All items and conditions as stated on Salem Health Department application form to be completed at time of reinspection. (See State Regulations and Salem Board of Health application form copies of which were given to you on Tuesday 5/26/87) . If you have any questions, please call. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Health Agent REB/g Certified Mail97Y cc: Bldg Inspector . BUILDING DEPT IFANGFR ANn BIRNI,AUA) COUNS[L11-IR AT LAW IRVING ht FANGER LEON BIRA76AVSI g p } 101 1RE}`(3T7 STREF3' 1)ONALD r1. F:A'rZDEC 20 10 16 AN 76 B 'STON, �I:.�s. 02103 WENT IN I.GREELEY ROBERT M. Cor1EN RECEIVED .AREA COU[ (617) CITY OF SALEM,MASS.' TI:1.482-0200 December 15, 1976 Building Inspector City of Salem C-ity Hall Salem, Ma. 01970 Re: F-4 Loring Hills Avenue Salem Mass. Dear Sir: In accordance with Section 111.43 and Section 120.3 of the State Building Code, I, as the owner, hereby request an inspection of the condominium unit at F-4 Loring Hills Avenue, Salem, Massachusetts, and the issuance of a Use and Occupancy Certificate. Entry to the premises may be obtained by contacting Irving M. Fanger at 482-0200 or writing to me at this address, should you determine that an inspection is necessary or desired. Will you kindly acknowledge that you have received this letter by signing and dating the attached copy, and returning it to me in the enclosed envelope. The premises are under Purchase & Sales Agreement and calls for a closing date of December 30th so that I'd appreciate this report as soon as possible. Ve y truly yours, 6 Irving M. Fanger, ane{r IMF:cm On 19 _ , I received this letter for the issuance of a Use and Occupancy Certificate. f'_.y_t An inspection will be made by our office within three days . l �1` An inspection will not be made by our office. Building Inspector autt_a�rac aEi�z FANGER AND BIRNBAUNI ^ COUNSELLORS AT LAW SAVING M. FANGER ip.'y 9 4U• LEON BI '�`''Z.'�/ ��i TREMONT STREET DONALD BOSTON,BOSTON, MASS. 02108 ROBERTM..COHENOF EW L p 14A55 AREA CODE (617) ^1 y S ' TEi.. 482-0200 H December 15, 1976 Building Inspector City of Salem City Hall Salem, Ma. 01970 Re: F-4 Loring Hills Avenue Salem Mass. Dear Sir: In accordance with Sectionjll..43 and Section 120.3 of the State Building Code, I, as the owner, hereby request an inspection of the condominium unit at F-4 Loring Hills Avenue, Salem, Massachusetts, and the issuance of a Use and Occupancy Certificate. Entry to the premises may be obtained by contacting Irving M. Fanger at 482-0200 or writing to me at this address, should you determine that an inspection is necessary or desired. Will you kindly acknowledge that you have received this letter by signing and dating the attached copy, and returning it to me in the enclosed envelope. The premises are under Purchase & Sales Agreement and calls for a closing date of December 30th so that I'd appreciate this report as soon as possible. Ve �truly yours, Irving M. Fanger, er IMF:cm On 19 I received. this letter for the issuance of a Use and Occupancy Certificate. An inspection will be made by our office within three days . jAn inspection will not be made by our office. Building Inspector , �TEX 5 CHAPTER 85, SECTION ILB (Pg. 6) — Add after "17. 'Dwelling-Multi-Family," a new definition "17-A" as follows: "17-A Dwelling Multi-Family, Garden Type. . A building designed for or occupied by three (3) or more ' families, but not more than eighteen (18) families, with sep- arate housekeeping and cooking facilities for each.The buildings will further conform to the requirements of Section V-B, Para- graph 4e of this Chapter 35. 'Ihe terms "Town Houses," "Row j Houses," "Attached Houses' and like terms shall be Interpreted s as being synonymous with the term "Multi-Family, Garden L ` w G � uil�ing �e�rttx#nteu# (®'�xim, FEBRUARY 13, 19'70 �nniel �_ fix_, �opk_ Poom 7, CHH Xa11 Dear I hope to be present at your next Board meeting on the 19th, when I shall be seeking your advice and counsel with regard to the construc- tion of apartments by Loring Hills Associates on a proposed road off Loring Avenue. The developer has been to the Board of Appeals for a Special Per- mit to allow construction of condominums. I am enclosing copies of G.L. Chapter 183A, Sections 1 through 19, which refer to the Law relat- ing to Condominums. I would appreciate your interpretation with regard to the following: 1. Does this in your opinion constitute a subdivision? Refer to Section, 1'7) . 2. What is the difference between multi-family dwellings and the con- dominium type? T2ie appeal to the Board of Appeals stated - "Under our zoning ordinances, condominums are permitted in a multi-family zone as a special permit use" . My problem here is this - If this is recognized as falling into the category of "Multi-family dwel- lings" how can it be that the use of the word "condominums" excludes this proposed construction from the restrictions and regulations of the City Zoning Ordinance. 3. There are many applicable rules in the new amendment to the Zoning Ordinance relating to Special Permit uses for R-3 districts, copies enclosed; paragraph 4 for instance refers to the exterior walls of all structures - "shall be of brick veneer, fieldstone , or other similar quarry product" . Paragraph 3 refers to ( 2) two access roadways, etc. the other paragraphs refer to other pertinent re- strictions. 2 - I know that .this is really a formidable and weighty collection of data to present to you, particularly on a holiday weekend, and I must apologize for the intrusion on your privacy, but I am not only confused but nearly overwhelmed with all of these documents. I would be very grateful if when I attend the Thursday night meet- ing of your Board that you will advise me on some of these (or hopeful- ly)_all of these matters. Sincerely yours, DJOB: cc (Eif� of *Iem, fflttssar4useffs `. Ilubfir Vr'pedg Pepar#tneu# `s�c��,. �uii�iu� �eprttr#rscu# �sl�n �3. �obrers � 5 Proub *reet 12/22/76 Dear Mrs. Fromer: In accordance with Section 120.3 of the Massachusetts State Building Code, this shall certify that the premises at Unit F-4 Loring Hills Avenue, Salem, Massachusetts may be occupied for Residential purposes under Use Group L-3 as defined in Section 210.3 of the Massachusetts State Building Code. Sincerely John B. Powers Inspector of Buildings tr CITY/TOWN OF Salerh„Mass. APPLICATION FOR CERTIFICATE OF INSPECTION Date Dec . 22 , 1976 (X) Fee Required (Amount ) $25.00 ( ), No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 108 ,15 , I hereby apply for a Certificate of Inspection .for the below-named premises located at the following address : Street and Number Loring Hills. Avenue Unit F-4) Name of Premises Purpose for Which Premises is Used Single Famtly Resa ence License( s ) or Permit ( s ) Required for the Premises by Other Governmental Agencies : License or Permit Agency Certificate to be Issued to Cg-x-rRUi g- Address F - 'f 46Iq/#C A/ 74C A dle4l bf -Owner of Record of Building 54 Ne Address Name of Present Holder of Certificate Name of Agent , if any 4XVeve' W7 , SIGNATURE OF PERSON TO WHOM TITLE CERTIFICATE IS ISSUED OR HIS AUTHORIZED AGENT . DATE INSTRUCTIONS : 1) Make- check payable' to : City of Salem` 2) Return this application with your check to : John B. Powers One Salem Green, Salem, Ma. 01970 PLEASE NOTE: 1 ) Application form with accompanying fee must be submitted for each build- ing or structure or part .thereof_to be certified . 2) Application and fee must be received before the certificate will be issue 3) The building official shall be notified within ten ( 10) days of -any chang in the above information. CERTIFICATE H EXPIRATION DATE : I FORM SBCC-3-74 zZ!'74 Mtn of i9jttlrm, Massttr4usetts s�� iRirr �rpartmcni �Iea�quttricra dames �_ '�xenatta March. 91 1970 Daniel O 'Brien Building Inspector City of Salem City Hall Salem, Mass. 01970 Sir: Following are the requirements of the Fire 'Prevention Bureau concerning the plans submitted for the Loring Hills project, Loring Ave.. Salem, Mass . 1. Request a site plan showing size of cast iron water main from source of connection to present water main. Water main size and connections to three post hydrants as shown on current plan submitted. Shut offs to be placed as requested by the Superintendent of the Water Dept. Thomas Manning. Z. Post hydrants installed shall be Darling ball bearing hydrants, with right hand opening and standardize as now in use in the City of Salem. 3. The three post hydrant locations are approved as shown on Site Utility Plan L-5, subject to approval of the Water Dept. 4. Fire doors will be required on the boiler rooms . 5. Fire doors will be required on the garage entrance to the basement hall . 6. Take note of the water heater vents shown vented to the out- side wall instead of above the roof line. Respect��f//ullyAubmitted, Lieut . David J. Gog in cc : Loring Bills Assoc . Fire Prevention Officer 568 Loring Ave . Salem, Mass . 01970 SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ AddrbsseB s Address does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number James Zieff P 009 226 201 393 Totten Pond Rd. 4th 41g. Service Type Waltham, MA 02154 ❑ Registered ❑ Insured ®'Certified ❑ COD Re: 7 Lorin Hills Ave. ❑ Express Mail ❑ Return Receipt for 9 Merchandise 7. Daof De'very �gnatwe (Agent7 8. Add essee's ddress(Only if requested and fee is paid) PS Form 3 11, November 1990 CU.S.GP0:1991-287-M DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICEMD-A Official Business92 PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here Leo E. Tremblay, Inspector of Buildings One Salem Green Salem, MA 01970 ` T tj of *alrm, Massaro sietts Public Vwpertg Department Nuilfing Department (9nt Salem (6reen Gn8-745-9595 Ext. 30H LEO E. TREMBLAY Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 5, 1992 James Zieff 393 Totten Pond Rd. 4th Floor Waltham, MA 02154 RE: 7 Loring Hills Ave. - Permit 11227-92 Dear Mr. Zieff: As per your request I am granting an extension of permit 11227-92 in accordance with the Massachusetts State Building Code, Article 113-9, for a period of ninety (90) days. If for any reason you should require an additional ninety (90) days you may, at that time, request one. The State Building Code only allows for two (2) ninety (90) day extensions, if work has not begun by then, you will be required to apply for a new building permit and the appropriate fees will again be charged. If I can be of any further assistance, please do not hesitate to call. Sincerely, Leo E. Tremblay i Inspector of Buildings LET:bms Certified Mail #P 009 226 201 Gifu of �ttlem, massac4usetts Public Pruperttr Department +Nuilbing i9epartment fine 6a1em Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 12, 1993 James Zieff 393 Totten Pond Rd. 4th Floor Waltham, MA 02154 RE: 7 Loring Hills Ave. - Permit x/227-92 Dear Mr. Zieff: As per your request I am granting an extension of permit x;227-92 in accordance with the Massachusetts State Building Code, Article 113-9, for a period of ninety (90) days. If I can be of any further assistance, please do not hesitate to call . Sincerely, �u 1—t Leo E. Tremblay Inspector of Buildings LET:bms a nll �' "tatuans "'t' ._. "'t`s '§ r r<� 'k/E zp s•'�TH�?E�RMI`T N1j�'%NDSB 1 <. �t 'r _. F s o- h..awl T dTY°� + / s BUILDING"' is :.PROPEtj.LY,i�£6E.IP7E0 8Y CASHIER '� CITY OF SALEM SALEM MASSACHUSETTS 01970 <PERMIi L • ^.YA IIDATIOM qy / r5 n n cG DATE $ '-MSY•a3• T,�..1�9 PERMIT NO.`'� "� '�S� l "`., APPLICANT' ..eJ _' ff ' AOORESS ' nCT�II_iil_A / •'.i127'Z , "' INO.1 1 T11FEf1 ' '-1COtT1•S.LICENSE PERMIT TO WiAL�m. ° ill TORY TX'ARP'" , MUMBER_OF A'. 1 (TYF( OFIM/ROV[N(MTI ,-1YNOIOSED USE ��'�OWELLNG UMTS ` ' AT ILOCATIONI. ` 7 L( iII'R3 HIS,I>53 ANEMM '.� :� ;s WlCati >7 H a rosin ct' _. .� .,•vrINO);� f K i= ISTR[tTly + 1 'p " r a, z � .K}' �'"�� ' 9ET WEEN 11N0 ' - - ICROfi fTS[[tl ;ICROSS'B♦RE[TI :: - ... ., ,1': a . .:j a , I .,LOT - j '$U8 6 1V IS ION � �' ',LOT BIOCN �- 512E �BUIIID IMO IS •?0 BE 'FT;"WIDE RY FT.. LONG BY ' FT, IN--NE IG AND SHALL CONFORMIN CONSTRUCT ION 'TO'TYPE ..,.., .,..-..._ "USE'GROUP `: .. BASEMENT.W1t15'OR fOUNDAT ION' REMARKS: ' CCIZISYNfE.�� A MWONRY. TW S=ffY ffi('ft{ NLIt.S711iC:'FK3[ WI/tu .50�7211 e±u �Bt�iL'"' " `�'` 123 'BEMOUMS... osr 745-qs�� ; AREA OR VOLUME ` ESTIMATEO�C05T .�41 5)80D 000:00 tr s- ., E' It.alit +CUBIC/S09ASf FLETI', 5 OWNER.:' G'WaVen= Paris I1blF'"= Cent(Ar... . ;AOORESS ' P.U. 'Wx 490.-W7ncbeater.MA-. 7Dmilel RAI! 4a } ®8816tant INSPECTOR OF DUIIDINGS.L'L 1 BUILDING , . PERMIT JOB WEATHER CARD JE6R� ��f1 DATE _ may 214, 19 .... 92 PERMIT NO. 227-92 APPLICANT AOORESS 1*Xlnc;lm,tD.A 1212 n�8f(INN..) �eCF��¢a, ISTNEETI ICON19 s I,Cc�E�N,EEI. PERMIT TO aV1)J�I`� (2 1 STORY i .P'rl [ll!'Iti DWELL LROF ING UNITS 12s 8@C1E1pQAg (TYPE OF IMPROVEMENTIy}y gNO�.S,q� �'��p(PROPOSED USE) AT (LOCATION) 7 lAmim KYµy AVEwE EeEEEY 7 ZONING EL (NO.1 (STREET) DISTRICT BETWEEN AND (CROSA STREET( (CROSS STREETI LOT SUBDIVISION LOT BLOCK SIZE L BUILDING IS TO BE FT, w10E BY FL LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION 00WIMM T ��./��y 'T l�Y1 w �M1V 1I��TiI QST S�� ♦�,g� �,,{{�� (�i y�, yrs (TYPO REMARKS: 0 -"`IMM A �'1EWME, {YTl A]IOR iUGH NURS" Z2�OL-' Vi11llS 50 720 aq. feet CUI FOR Yi3;f1:i TO Ci)aWY 7445-9595 VREA OR OLUME ESTIMATED COSI S 'APDUUIUVI�•UU `ERMIT S 34F8U5.uU C�'JiItcalQ.1UAARE�.F1E-ET, ��"..� OWNER Grosvenor Park M1rEIS71Q Ct�fYLer ADDRESS P.O. BOX 450E Winct>QeWrEhfA. Bu LoiN f r13 q�*�� BY 3'4fllt INSPECTOR OE BUILDINGS THIS PERMIT CONVEYS C RIGHT TO OCCUPY ANT STREET, ALLEY O WALK OR ANY PART THEREOF, EI'HER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PE RMITTEO UNDER THE BUILDING CODE, MUST BE AP- PROVED PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE 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 APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIEO POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCCTTIONION WORN:K: CARD KEPT PTELECTRICAL. PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIREO,SUCH BUILDING SHALLNOTBE OCCUPIED UNTIL MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE. 2, FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 FOARO CF HEALTH GAS INSPECTION APPROVALS FIRE DEPT. INSPECTING APPROVALS 1 I OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD INSPE: OR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. J � (Mg of %fem, massac4usPits Public Prnperig Repartment Nuilbing DeparMent (One Salem (6"tu Fn9-745-9595 Ext. 30U LEO E. TREMBLAY Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 5, 1992 James Zieff 393 Totten Pond Rd. 4th Floor Waltham, MA 02154 RE: 7 Loring Hills Ave. - Permit #227-92 Dear Mr. Zieff: As per your request I am granting an extension of permit #227-92 in accordance with the Massachusetts State Building Code, Article 113-9, for a period of ninety (90) days. If for any reason you should require an additional ninety (90) days you may, at that time, request one. The State Building Code only allows for two (2) ninety (90) day extensions, if work has not begun by then, you will be required to apply for a new building permit and the appropriate fees will again be charged. If I can be of any further assistance, please do not hesitate to call. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms Certified Mail QIP 009 226 201 (situ of *ttlem, MUSSUc4usettu Public Propertg 13epartment $auilDing department (One Salem Green 5HH-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 12, 1993 James Zieff 393 Totten Pond Rd. 4th Floor Waltham, MA 02154 RE: 7 Loring Hills Ave. - Permit #227-92 Dear Mr. Zieff: As per your request I am granting an extension of permit $227-92 in accordance with the Massachusetts State Building Code, Article 113-9, for a period of ninety (90) days. If I can be of any further assistance, please do not hesitate to call. Sincer ly, Leo E. Tremblay Inspector of Buildings LET:bms O. AHLBORG & SONS INC. General Building Contractors Since 1926 V 48 Molter Street Cranston, Rhode Island 02910 Telephone: (401) 467-6300 Fax Number (401) 467-6457 April 7, 1993 City of Salem Dept. of Building Inspection n One Salem Greene Salem, MA 01970 Attn: Leo Tremblay Re: Grosvenor Park Nursing Center Gentlemen: Just a quick note to advise you that we will be starting work on site at the captioned project on Thursday, 4/8/93. We will be clearing and grubbing, as well as setting up the construction trailer and establishing necessary control lines and grades. As discussed, we will forward a copy of meeting minutes as well as testing and inspection reports to your office. I will be in touch with you early in the week of 4/12/93 to arrange an on-site meeting with you and our superintendent, Mr. William Killeen. At that time, we can address any special requirements your office may have. Please be advised that we have received Dig Safe 993151166 for this project with'a safe to dig start date of 1:00 p.m. on 4/8/93. We look forward to working with your office and other agencies in the City of Salem. If you should have any questions, please feel free to contact the undersigned. Sincerelv yours,. 0. AHLBORG& SONS, INC. Eric P. Greene Project Manager EPG:eac cc: Grosvenor Park Healthcare L.P.: Richard Salter, Ken Bane Dept. of HUD: Emil Forge Robert Charles Group: Charles Quigley, Alan Taylor 0. Ahlborg & Sons: GRA, BK A/ Vinnin Construction, Inc. (508) 745-6264 FAX (508) 745-7992 March 23, 1993 Mr. Leo E. Tremblay Director of Public Property Inspector of Buildings One Salem Green Salem, MA. 01970 Re: Grosvenor Park Nursing Center Loring Hills Avenue Permit #227-92 Dear Mr. Tremblay; This is to advise that James Zieff (contractor's license #1272) will no longer be the licensed builder for the Grosvenor Park Nursing Center. Per your instructions resulting from our meeting on Monday, March 22, 1993, I am herewith returning the applicant copy of the building permit (permit #227-92) together with the building permit job weather card. In addition, I have attached the original copies of the two (2) ninety day extensions issued by you. As discussed, the building permit, and previously granted extensions, will be re-issued under the name of William Killeen, who is the licensed representative of O. Ahlborg & Sons Inc.,the general contractor. It was mutually agreed that all of the above transactions would take place at no cost to any of the parties. Sincerely, �� Ronal Crupi Proje t Manager VINNIN CONSTRUCTION., INC. DC/1 cc: Glen Ahlborg t 70 Weatherly Drive, #106, Salem, MA 01970 (situ of *alem, fitttssar4usetts a I� Public Prnpertg Department Nuilbing i9epartment (Dne ftlem IKreen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 6, 1993 0. Ahlborg & Sons, Inc. 222 Cabot Street Beverly, MA 01915 RE: Grosvenor Park Nursing Center 7 Loring Hills Ave. , Salem Dear Mr. Ahlborg: An inspection of the above referenced property was conducted on September 15, 1993. When inspecting the 3" columns in the corridors I found there to be a 5/8" bow in 8' of each column. This office would like a detailed engineering report explaining this defect as well as an engineering report citing the corrective measures to be used. Additionally, this office would like to have a report from the structural engineer regarding the differences in camber from 0" to 1 5/8" in the planking. Sincerely, ohn J. en Ings, II Local Inspector JJJ:bms \nrsng\ r j JOHN.. GRAY. JR. 1GERAL.D T. WCARTHY ALBERT R. PITDOFF TADIVs T. SADOSKI RAYMOND F�. SWEENEY Ctv of *akm, Aazssac4usrtts hEIkCning �RIIttrb ROOM 7 - CITY HALL 9.18.69 NEW PLANS OF LORING HILLS ASSOCIATES: These will be brought up at tonight ' s meeting. The architect brought a set over for Jack Gray to see and Jack called me after he had had a chance to look them over. The following are his comments with regard to this new plan: The plot plans shows turnarounds, one at end of 5v foot road off Loring Avenue which seems to be all right; the other at secondary road within the project is 3/'4 shaped, and Jack is concerned whether this would qual- ify as a legitimate turnaround. SecpAd plot plan shows utilities, does not appear to be complete, does not show water lines but there is sewerage; this should be checked with Neal Mitchell and should not be approved the way it is. The plot plan shows every house or every unit having a garage, and the quarter section plans show every unit with a basement garage, but the elevations show every other unit with a garage, this should be clArified. Then the way the turnarounds are shown, one car would be stot•bd in the building and the other on the driveway, sort of back to back; that road- way should be 18 feet wide. The plot plan and the floor plans show the buildings to be staggered instead of being one long row, they are saw-tooth even, and the ele- vations of the front and rear of the buildings shown appear to be a straight front; we should have an end elevation showing what the condi- tion is where these buildings are staggered. Plans are still in preliminary stage; even though they are single units they are all joined together; there are no electrical plans and no plumb- ing and heating plans. JOHN M. GRAY, JR. - GERALC,..T. MCCARTHY - ALBERT R. PITCOFF - TADIUS T. SAOOSKt RAYMOND F. SWEENEY JA "Salem, Aassiac4llsrtts ��FIYTYii1t� ��iAnY�1 ROOM 7 - CITY HALL 9. 18.69 NEW PLANS OF LORING HILLS ASSOCIATES: These will be brought up at tonight ' s meeting. ' The architect brought a set over for Jack Gray to see and Jack called me after he had had a chat to lookthem over. The following are his comments with .regard to this r plans The plot plans shows turnarounds, one at end, of 5U foot road off Loring Avenue which seems to be all right; the other at secondary road within the project is 3/4 shaped, and Jack is concerned whether this would qua ify as a legitimate turnaround. Secgiad plot plan shows utilities, does not appear to be complete, does not show water lines but there is sewerage; this should be checked with Neal Mitchell and should not be approved the way it The plot, plan shows every house or every unit having a garage, and the quarter section plans show every unit with a basement garage, but the elevations show every other unit with a garage, this should be' clArifie Then the way the turnarounds are shown, one car would be storbd in the , building and the other on the driveway, sort of back to back; that rose way should be 18 feet wide. The plot plan and the floor plans show the buildings to be staggered instead of being one long row, they are saw-tooth even, and the ele- vations of, the front and rear of the buildings shown appear to be a straight front; we should have an end elevation showing what the condi- tion is. where these buildings are staggered. Plans are still in preliminary stage; even though they are single unit: they are all ;joined together; there are no. electrical plans and no plur ing and heating plans. ITEM 23 CHAPTER 35, SECTION V B. Paragraph 4 (Pg. 25) —.R-3 Districts — Under "Special Permit Uses" add a new sub-item "e" as follows: , e. - Garden type (Multi-Family Dwellings), if-built in accord-t - ance with the following requirements: GARDEN TYPE MULTI-FAMILY REQUIREMENTS: - -1, A Preliminary Site plan shall be submitted to the Plan- ning Board and sha11 show the dimensions of the lot, all " - proposed buildings, structures, parking facilities, service - areas, recreational and play areas, landscape features y and any other information as may be necessary to deter- . mine the requirements of the following sections will be �. set. Upon the approval of the Preliminary Site Plan, the 'developer will submit the following: 2, A Definite Site Plan with all the roadways and utilities, such as sanitary'sewers,it drainage and water, show- Ing proposed grades and elevations and all major streets throughout the 'development with the City of Salem Planning Board Rules and Regulations governing the _ subdivision of land. The Planning Board shall endorse its ! approval of the Definitive Site Plan before it is .sub- mitted to the Board of Appeals of the Zoning Ordinance. The City.Engineer shall also endorse.the plan, certifying ._ the adequacy of the present and proposed sewer and water installations. a Garden, type Multi-Family Dwelling developments having more than twenty (20) dwelling units shall have 's minimum of two. (2). access roadways and traffic of access and egress r ads shall be shown.' No structure shall exceed three.(3) stories or thirty-five 'feet (35) feet in height measured from the mean finished ' grade. The construction of the buildings shall-he of Type I, II or VI Construction. In addition all provisions of Chapter 4, The Salem Building Code, Part 22 shall be compiled with, Solid (no cores) $inch Thick masonry fire divisions shall be built in the basement of the buildings so that no more than Iwo (2) dwelling units shall be " a single unit of the entire structure. The Fire Divi- sion will extend from the floor of the basement to under- . - side of the roof decking, Above the basement to the underside of the roof deck, the separation shall be made - - by a 2" x 4" stud partition nogged solid with 4" gypsum ,block, plaster both sides with a 3S" gypsum plaster on .metal lath. No opening whatsoever including pipe sleeves will be allowed in the fire division. The exterior walls of all structures shall be of brick veneer, fieldstone or other similar quarry product. However wood or plastic - - - ;products may be used for trim or "accent" features-on - a facade,'prodding no such area exceeds twenty percent of the exposed area on anyone facade or elevation. 5. No structures or group of structures except one-story garages or car-ports shelf be nearer to each other than - fifty (50) feet. Car ports or garages, if not directly - _ - attached, shall be at least 10 feet from the main.buiiding. 6. There shall be a lot area of at least one thousand (1000) square-Peet, for each dwelling unit within each building. 7. There shall be a buffer zone of seventy-five (75) feet from any building or structure on an adjacent lot where said lot is not under the same ownership as the'"Garden type" development. ' < S. There shall be provided at least one and one-half (11,4) 'paved offstreet parking spaces for each dwelling unit. No space shall be considered available for parking which . - reduces, the effective width of the driveway providing access to more than one dwelling unit to less than six- teen (16) feet- ' - 9r Sewage shall be disposed of by means of adequate con- " nections to the Municipal Sewerage System.- 10,-;After the Planning Board and the City Engineer have ` ' endorsed their approval to the "Definitive Site Plan the ' Board of Appeals may grant a "Special Perm"it" within 1 the permitted districts after holding a PublicHearing. ' . 11. Notwithstanding anything in these Zoning'Ordinances to the contrary, sales of Individual dwelling units in multi- family ulti family dwellings or otherwise, constituting town houses, row houses or attached houses or the like, may be made . . without compliance with the residential density regula- tions appearing in this Ordinance, excepting only that a minimum lot area of each dwelling unit shall be 1,000 - _ feet. - TITLE'TO.REAL PROPERTY 183A 1 E CHAPTER 183A. CONDOMINIUMS [NEW] j sea 1. -Dannittona. Ii,,,Dy-laws; mandatory provisions, 2."Application f chapter, 'creation -bf,•:12. By-lawa; additional provisions. other Intereosts In realty. ' 13. Claims Involving common areas and 8: ,Nature of Interest; sale or descent. ' facilities; liability. 4.,.Exclusive ownership and poaaesskm;,�114. Taxation and betterment "Basements: restrictions lien. S. Interest in common areas or facilities: I6., Subdivision central law. percentage; division. ' 16. submission of property to this ahaia - i 6a'Pe ms and expenses; lien. ter. 7. Contributton towards common expense; 17. Rebuilding following casualty lone; restrictions upon exemption from Itn partition upon disapprove); repair or bHny; conveyance. restoration upon approval; purchase ' S. Master decd; recordation; content'. from dissenting owner. -0. Deeds of- units; contents; Plane. "18. Improvements; coats. 10. Corporation, trust or association; In 38. Removal from provialona of this *hap-} )-" terest of unit owner; powers and- ter. .. duties; manager or managing agent:..; _ by-laws; records; effect of recorded . � certificate. Chapter added by St.1967,d.493,111. ' Law Review Commentaries ' Condominium. William Schwartz (1064) Cooperative apnriments. Walter W. MII-: 44 Boston U.L.Rev. 137. ter, Jr. (Pall 1965) 46 Boston U.L.Rev. 465. Condominium lax Problems. Oliver Old- Priority of Ilona on condominium. Wil- man, 10 Annual Survey of Mass.Law, BOs- lien, Schwartz. 11 Annual Survey of Mass.. . . - tort College, P. 208 (1963). Law, Boston College. V. 81 (1064). $ 1. Definitions As used in this chapter, the following words shall, unless file context otherwise ' requires, have the following meanings:— Building", building designed for dwelling or office purposes, containing two or more units comprising a part of the condominium. "13y-laws",the by-laws of the organization of unit owners. "Common areas and facilities" shall,except as otherwise provided oi•stipulated in the master steed,mean and include (1) The foundations, columns, girders, beams, supports, party walls, common 3 walls, main wails, roofs, balls, corridors, lobbies, public stairs and stalrrvays, fire escapes and entrances and exits of the building; (2) Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; (3) The elevators, tonics, pumps, motors, fans, compressors, ducts, and In general all apparatus and Installations existing for common use; .M The land on which the building is located; ` (5) The basements,yards,lawns,gardens, recreational facilities,parking areas and storage spaces; prem (4) The ises'for the lodging of custodian or persons an charge of the condo-', minium; (7) Such community and'conamerelal facilities as may be provided for in the master' deed as being owned in common." . '(t3).All other parts, of the condominium necessary or convenient to its existence, ' maintenance And safes}?;or normally,'in common use. ' 183A § 1 TITLE TO REAL PROPERTY "Common expenses", the expenses of administration, maintenance, repair or re- placement of the common areas and facilities, and expenses declared common ex- penses by this chayter. "Common funds",all funds bold by the organization of unit owners.- "Common profits", the balance of.all Income, rents, profits and revenues from the, common areas and facilities remaining after the deduction of the common expenses. "Condominium", dhe land, the building or buildings, all other improvements and= structures thereon, and all easements, rights and appurtenances belonging thereto,' which have been submitted to the provisions of this chapter. "Master deed", tihe Instrument by which the condominium Is submitted to the pro- visions of this chapter, as hereinafter provided, and any amendment to said Intra-.-, r "Organization of unit owners", the corporation, trust or association owned by the unit owners and usal by them to manage and regulate the condominium.. Any given "percentage of unit owners"means the owners of that percentage 7n the,, ' aggregate in Interest of the undivided ownership of the common areas and facilities.r, "Bank or insuranre company",a bank as defined in chapter one hundred and sixty- seven, a federal samilngs and loan association, and an insurance company subject to the provisions of ebipter one hundred and seventy-five. "Unit", a part of the condominium Including one or more rooms, with appurtenant areas such as balconies, terraces and storage.lockers if any are stipulated In the master deed as being owned by the unit owner,occupying one or more floors or a part or parts thereof, inaluding the enclosed space therein, intended for any type of nae, and with a direct eat to a street or way or to a common area leading to a street or way. I "Unit designation,the number, letter or combination thereof designating the unit . in the master deed "Unit owner", the person or person owning a unit Added SLIM, a 493, ¢ 1, as amended St1967, m 868. First mortgages on units of condominium, Law Review Commentarlea ( �' authority of banking institutions, see e. Condominiums- (Feb. 1964) 77 Harvard 167, 4 51C. L.Rev. 777. ' 1963 Enactment. SL3963. C. 493, § 2, ap- Condominium. William Schwartz, 30 An- proved June 25, 1963,contained severability nual Survey of Mass.Law, Boston Col-.. I clause. lege, p. 4 (1963). 1967 Amendment. St.1967, c. 868, ap- Condominium advantages. William Proved Jan. 4, 1968, extended application Schwartz, 10 Annual Survey of Mass.Law, of term building to ipdude building design- Boston College, p. 16 (1963). ; ed for office Durpoeea. Condominium statute. William Schwartz, 10 Annual Survey of Mass.Law, Boston Col lege, D. 9 (1963). . ... _ .. § 2. Application of chapter, creation of other interests in realty f - This chapter shah apply only when the sole owner or all of the owners of land j submit the same to!91e provisions hereof by duly executing and recording u master" deed containing a 9titement to the effect that the owner or owners propose to create a condominium to be governed by and subject to the provisions of this chapter. The provisions of this chapter shall not be deemed to preclude or regulate the creation or' maintenance of otber Interests in real property not expressly.declared by the owner., . or owners to be subjwt hereto. Added SLIM, C. 493, § L,._. Comment Conveyancing, see M.P.S. VOL Law Review Commentaries .. �� 26, Park, j 13L, cit ,ri Condominium at common law. William , Schwartz, 30 Annual Survey of Maas.Law, Boston College p• 6 (1963). 26-�_ { TITLE TO REAL PROPERTY 183A .§ S § 3. Nature of interest;,sale or descent . . .. Each unit together with its undivided interest In the common areas and facilities shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, j ownership, Possession, sale, trust, the laws of descent and distribution and all other i rights Incidental to the holding of real estate as If it were sole and entirely Inde- pendent of the other apartments in the building of which it forms a part. Added St. 1963, c. 493, § 1. Comment. Conveyancing, see M.P.S. vol. Law Review Commentaries , 28, Park, 1 131, Condominium statute. William Schwartz, ,�.. . 30 Annual Survey of Mass.Law, Boston .. .. College. p. 9 § 4. Exclusive ownership and possession; restrictions Each unit owner'shall be entitled to the exclusive ownership and possession of his unit, subject to the provisions of this section and of sections seventeen,eighteen and nineteen; provided,however, that:— (1) hat:(1) No unit shall be devoted to a use prohibited In the master deed; (2) The organization of unit owners, its agent or agents shall have access to each . unit from time to time during reasonable boors for the maintenance, repair or re- _ placement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units; and , t (3) Each unit owner shall comply with the by-laws and with any administrative S rules and regulations adopted pursuant thereto, as either of the same may be amend- _ ed from time to time, and with the lawful covenants, conditions and restrictions set forth in the master deed or in the deed to his uniL Added SL1963,C.493,$L •:;,-1. - Law Review Commentaries - 10 Annual Survey of Mass.Law, Boston. { Condominium statute. William Schwartz, College,P. 9 (1963). - § 5. Interest in common areas or facilities; percentage; division (o) Each unit owner shall be entitled to an undivided interest In the common areas ` and facilities in the percentage set forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the master deed bears to the then aggregate fair value of all the units. (b) The percentage of the undivided interest of each unit owner in the common - '+ areas and facilities as expressed in the master deed shall not be altered without the consent of all unit owners, expressed in an amended master deed duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be i separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even though such Interest is not expressly mentioned or described in the conveyance or other instrument' - - -' '(c) The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, except as provided in sections seventeen, eighteen and nineteen. Any covenant or s provision to the contrary shall be null and void. �. .1 .. .` I . .. (d) Each unit owner may use the common areas and facilities In accordance with 'their intended purposes without being deemed thereby to be hindering or encroach- ing upon the lawful rights of the other unit owners, ,:: . : : I .. r . (a) The necessary work of maintenance, repair and replacement of the common areas and facilities shall be carried out as provided In the by-laws I .(n Unless the by-laws otherwise provide, whenever the common areas and facili ties shall require emergency works of repair, replacement or maintenance, any,unit owner mayundertake the'same at his is reasonable costs as it expense and recover b common expense:' .. . `..7 i • 183A § S TITLE TO REAL PROPERTY � . (p) No work which would jeopardize the soundness or safety of the building shall be done in a unit or in the common areae and facilities unless in every such case the unanimous consent of all unit owners Is first obtained. Added SL1DG3,C. 403,11. Comment. Conveyancing, see M.P.S. vol, Law Review Commentaries 28, Park, 6 181. Condominium statute. William Schwarts, .... 30 Annual Survey of Mass."w, Boston . . College, p. 9 (1963). .. G. Profits and ex enses' lien I P . j (a) The common Profits shall be distributed among, and the common expenses shall be charged to, theunitowners according to their respective percentages of the un- divided interest in the common areas and facilities, (b) Tho unit owner shrill bo personally llablo for all sums lawfully assessed for his share of the common expenses- , j . .. . (c) The unit owner's share of the common expenses shall constitute alien upon his - unit and shall be enforced In the manner provided In section five of chapter two hundred and fifty-four. Such lien shall have Priority over all other liens, except municipal liens and first mortgages of record, as to such portion of said common ex- penses as became (Inc within six months prior to the commencement of an action to enforce such lien pursuant to said section five. (d) A statement from the organization of unit owners setting forth the amount of unpaid common expenses which have been assessed against a unit owner shall oper- ate to discharge the unit from any lien for any other sums then unpaid when record. , - ed In the appropriate registry of deeds. Added St.10G3, C. 493, § 1, as amended SL 1DG4, c. 731,11. 1964 Amendment. Approved July 9, - Law Review Commentaries 1964. Deleted, In second sentence of par. Condominium statute. William Sebwartz, :I e, "held by a bank or Insurance company" 30 Annual Survey of Mass.Law. Boston following "mortgages of record". College. P. 9 (1968). ' Comment. Conveyancing, ase M.P.S. vol. Priority of liens on condominium.- Will. 28, Park, If 181, 451, 467. Ilam Schwartz, 11 Annual Survey of Masa. Law, Boston College, P. 31 (1964). i § 7. Contribution towards common expense; restrictions upon exemption :l from liability; conveyance No unit owner may exempt himseslf from liability for his contribution towards _ the common expenses by waive[qJ.the use or enjoyment of any of the common areas and facilities or by abandonment of his unit; except that, subject to any terms or, E conditions contained in the by-laws, a unit owner may at any time exempt himself from liability for his share of the common expenses subsequently to be assessed by a' conveyance duly recorded of his unit or units to the organization of unit owners Added St.1963, c. 403, § L- § 8. Master deed; recordation; contents - - - - The master deed shall be recorded In the registry of deeds or the land registration office where the real estate is located and shall contain We following particulars:— (a) articulars:(a) The statement required by section two. . �.: (b) A description of the•land on which the building or buildings and)mprovementil am located - •'! (c) A description of each building stating the number of stories, the number of units and We principal materials of which it Is constructed... (d) The unit designation of each unit, and a statement of Its location,approximate area, number of rooms, and Immediate common area to which It has access, and any other data necessary for Its proper Identification., ., i f 4 TITLE TO REAL PROPERTY 183A § 9 (e) A description of the common areas and facilities and the proportionate Interest of each unit therein. - (f) A set of the floor pians of the building or buildings, showing the layout, loca- tion, unit numbers and dimensions of the units, stating the name of the building or that It has not a name, and bearing the verified statement of a registered architect, registered professional engineer,or registered land surveyor,certifying that the plans fully and accurately depict the layout, location, unit number and dimensions of the . units as buOL (9) A statement of the purposes for which the building and each of the units are Intended and the restrictions, if any, as to their use. - (h) The method by which the master deed may be amended. - (i) The name of the corporation, trust or association which has been formed and through which the unit owners will manage and regulate the condominium, together with a statement that such corporation, trust or association has enacted by-laws pursuant to this chapter. If a trust or unincorporated association is named, the ` master deed shall also set forth the names of the trustees or managing board. Added SL1963,G 493,§1,as amended SL1965,c.56,¢L . 1965 Amendment, Approved Feb.23, 1963. Law Review Commentaries In cl. (O, inserted "land" preceding "aur- Condominium statute. William Schwartz, veyor••. . 10 Annual Survey of Mass.Law, Boston Comment. Conveyanctng,see M.P.S. vol. College,p• 9 (1963). .. 28, Park, 8 181• Condominium tax problems, Oliver Old- , man, 10 Annual Survey of Mas,.Lew, B05- ton College, V. 208 (1963), § 9. Deeds of units; contents; plans Deeds of units shall include the following psrticulars:— . j (a) An indication that the deed relates to a condominium and is subject to the pros- visions ra ' i visions of this chapter.' - I I ' 4 I- (b) A description of the land as provided in section eight, or the post office. j - address of the property, in either ease including the book, page and date of record- ! Ing of the master deed. (d) The unit designation of the unit in the master deed and any other data pees- .". nary for its proper identification. .. _ " " " (d) A statement of the use for which the unit is Intended and the restrictions,if.. any, an its use. . 1 1, ' 1 (e) The undivided Interest appertaining to the unit in the common areas and facil. ides W Any further provisions which the grantor and grantee may deem desirable to set forth,consistent with the master deed and this chapter. The first deed of each unit shall, in addition, have attached thereto,as part there- _ of, a copy of the portion or portions of the plans theretofore filed with the master deed to which copy shall be affixed the verified statement of a registered architect, , registered professional engineer or registered land surveyor certifying that they ' show the unit designation of the unit being conveyed and of immediately adjoining - units, and that they fully and accurately depict the layout of the unit, its location, dimensions, approximate area, main entrance and immediate common area to which to it has access, as built Added SLIM, c, 493, 11, as amended SLIM,e. 56, ¢ 2 Comment, Conveyancing, sea M.P.S. vol. 1965 Amendment. Approved Feb.23.1965. 28,Par$ 5 181,. - Modified concluding paragraph by rerluin . „ . Ing verified statement ofregtstered land surveyor.. - 29 ' j f t 183A § 10 TITLE TO REAL PROPERTY § 10. Corporation, trust or association; interest of unit owner. powers and duties; manager or managing agent; by-laws; records; ef- feet of recorded certificate . (a) Each unit owner shall have the sane percentage interest in me,corporatlon, trust or unincorporated association provided for in the master deed for the manage- i mens and regulation of the condominium as]tis proportionate interest In the common k I _ areas and facilities. Such interest shall not be separated from ownership In the unit k to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest Is not expressly mentioned or described in the conveyance or other instrument. - (b) Such corporation, Crust or association shall have, among its other powers, the .following rights and powers:— (1) To lease,manage, and otherwise deal with such community and commercial fa- cilitics as may be provided for in the master deed as being common areas and facil- pities. .. (2) To own, convey, encumber, lease and otherwise deal with units conveyed to It -or purchased by it as the result of enforcement of the lien for common expenses, any right of first refusal, or otherwise. i (3) To obtain insurance on the common areas and facilities. Such insurance cover- age shall be written in its name, and the provisions thereof shall be without preju- dice to the right of each unit owner to insure his own unit for his own benefit. (4) To conduct litigation and to be subject to suit as to any course of action In. volving the common areas and facilities or arising out of.the enforcement of the I by-laws,administrative rules or restrictions in the master deed. The expenses incurred in and proceeds accruing from the exercise of the aforesaid rights and powers sball be common expenses and common profits. - (c) The organization of unit owners may,If the by-laws so provide, appoint a man- ager or managing agent to administer the condominium. Such manager or agent or the president may,when so empowered, act for the organization and references here- _ - in to the organization of unit owners shall include such person when so empowered. _ (d) The organization of unit owners shall keep a complete copy of the by-laws, in. I eluding the amendments thereto, if any. The by-laws, the minute book, financial records, and vouchers authorizing payments shall be available for inspection by any. -unit owner during reasonable hours. A written report of receipts and expenditures shall be rendered to all unit owners at least once annually. Records of the receipts and expenditures affecting the common areas and facilities shall specify and itemize the maintenance and repair expenses of the common areas and facilities, and any', other-expenses incurred. - (e) If the organization of unit owners is a trust or unincorporated association, an. Instrument signed by a majority of the trustees or of the managing board named Ia the master deed and duly attested as the act of such trust or association may be re- lied on as conclusively establishing that such instrument was the free act of the t trust or association,and shall be binding upon such trust or association when record- ed. No purchaser, mortgagee,lender or other person dealing with the trustees or the managing board of the association, as they appear of record, shall be bound to ascertain or inquire further as to the persons who are then trustees or members of - _ the managing board nor be afrected by any notice, implied or actual, relative thereto, other than a recorded certificate thereof, and such recorded certificate shall be con- elusive evidence of the personnel of said trustees or members of the managing board and of any changes therein. Added St1063, c. 493, § L - § 11. By-laws; mandatory provisions In addition to other provisions required or permitted by law, the by-laws of the - organization of unit owners shall provide at all times for at least the following:=r (a) The method of providing for the necessary work of maintenance, repair and replacement of the common areas and facilities and payments therefor, including the method of approving payment vouchers. . 30 . TITLE TO REAL PROPERTY 183A -§ 14 (b) The manner of collecting from the unit owners their share of the common ex-'. penes. (c) The procedure for hiring all personnel, Including whether or not a manager' or managing agent may be engaged. (d) The method of adopting and of amending administrative rules and regulations. I governing the details of the operation and use of the common areas and facilities (e) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, not set forth in the master deed, as are designed to prevent unreasonable interference with the use of their re- spective units and of the common areas and facilities by the several unit owners. I Added St.1963;e.493, §1. § 12. By-laws; additional provisions, . : ... • ' The bylaws may also provide:— ' (a) A method for determining the fair market value of the unit and of the Condo-.. . I minium in cases arising under sections seventeen and eighteen by submitting the 11( matter to'arbitration by a board consisting of one member chosen by the dissenting unit owner, one member chosen by the organization of unit owners,and one member' chosen by the two members so selected. (b) A procedure for submitting the disputes arising from the administration of the:7 i condominium to arbitration. " • • ' " . (c) A right of first refusal by the organization of unit owners in case'of the sale of: a unit, such right to be exercised within thirty days after written notice of intent to',' sell is given to such organization, provided, however, that this right shall not be, exercised so as to restrict alienation, conveyance, sale, leasing, purchase, ownership.; and occupancy of units because of race,creed,color or national origin. . (d) Such other provisions as may be deemed necessary for the management and regulation of the organization of unit owners or the condominium not inconsistent' with this chapter and the master deed,, Added St1963, e. 493,§ L Law Review Commentaries Condominium tax problems. Oliver Old Condominium statute. William Schwartz, man, 10 Annual Survey of Masa Law, Bos- 10 Annual .Survey of Mass.Law, Boston ton College; V. 208 (1963).•:;; -„ College,P.9 (1963) , § 13. Claims involving common areas and facilities;. liability '.;. All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such • claims shalt be made only against common funds or property held by the organiza- tion of unit owners and not against the common areas and facilities themselves. ' After such common funds and property have been exhausted,individual unit owners - shall be liable for the balance due, if any, provided, however, that the amount for which a unit owner is liable shall be limited to a sum equal to the amount of his percentage interest in the common areas and facilities times the balance due..Added St1963,e. 493,§1.. .. - . . Law Review Commentaries , Priority of liens on condominium Wit i. Condominium statute. William Schwartz liam Schwartz, 11 Annual Survey of bf"Ze 10 Annual Survey of Masa Law Boston Law, Boston College p. 31 (1964)- College, 1964)College, p. 9 (1963). .,. [. ..; i:•:;: - § 14. Taxation and betterment assessments; lien Each unit and,its interest In the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes, but the common areas and facilities, the building and the condominium shall not be' deemed to be a taxable parcel. Betterment assessments or portions thereof, annual sewer use charges, water rates and charges, and aid.other assessments or portions Al31 v _ 183A § 14 TITLE TO REAL PROPERTY. thereof, rates and charges of every nature,due to a city,town or district with respect i to the condominium or any part thereof,other than real estate taxes,may be charged # or assessed to the organization of unit owners; but any lien of the city,town c - trict provided by law therefor shall attach to the units in proportion to the percent• ages, set forth in the master deed on record, of the undivided interests of the re- i spective units in the common areas and facilities. Added St.l9G3, d. 493, § L Comment- Conveyancing, see M,P.S.VOL 10 Annual Survey of Mass. Law, Bostoa; 23, Park, §§ 131, 461, 467. College, p, 9 (1963). C Law Review Commentaries Condominium tax problems. Oliver Old- Condominium statute. William Sehwartz, man, 10 Annual Survey of Mass.Law, Boa- " ton College, P. 208 (1963). §,15. Subdivision control law } The subdivision control law shall not apply to the division of a building into unita,, i •� Added St.l9G3, c, 493._ 1 - � ' Law Review Commentaries i Condominium statute. William Schwartz, 10 Annual Survey of Mass. Law, Boston in. , . i College, p..9 (1963). § 16. Submission of property to this chapter- The owners of any land and buildings who wish to submit such land and buildings to the provisions of this chanter may petition the land court for removal of such land from the provisions of chapter one hundred and eiglity-five. Added St.1903, G 493, Low Review Commentaries ' Condominium statute. William Schwartz; - 1 10 Annual Survey of Mass. Law, Boston College, P. 9 (1963). §,17. Rebuilding following casualty loss; partition upon disapproval; ; repair or restoration upon approval; purchase from dissenting owner 4 (a) Rebuilding of the common areas and facilities made necessary by fire or other - casualty loss shall be carried out in the manner set forth in the by-law provision dealing with the necessary work of maintenance, repair and replacement,using com- mon funds, including the proceeds of any insurance, for that purpose, provided such casualty loss does not exceed ten per Cent of the value of the condominium prior to the casualty. t . (h) If said casualty loss exceeds ten per cent of the value of the condominium prior' # to the casualty, and (1) If seventy-five per cent of the unit owners do not agree within one hundred and - twenty days after the date of the casualty to proceed with repair or restoration,the " condominium, including all units, shall be subject to partition at the suit of any unit owner. Such suit shall he subject to dismissal at any time prior to entry of an order-' to sell if an appropriate agreement to rebuild is filed. The net proceeds of a partition sale together with any common funds shall be divided in proportion to the unit own. er' respective undivided ownership in the common areas and facilities. Upon such„ sale, the condominium shall be deemed removed from the brovisions of this chapter." ' (2) If seventy-five per cent of the unit owners agree to proceed with the necessary., repair or restoration, the cost of the rebuilding of the condominium,in excess of any'-. _ available common funds,including the proceeds of any insurance,shall be'a common expense, provided, however, that if such excess cost exceeds ten per cent of the value of the condominium prior to the casualty,any unit owner who did not so agree may apply,to the superior court of the county in which the condominium is located:, i TITLE TO REAL PROPERTY = 183A § 1.9 t 3 on such notice to the organization of unit owners as the court s7vnA direct, for an i order directing the purchase of Lis unit by the organization of unit owners At the fair market value thereof as approved by the court. The cost of any such purchase shall be a common expense. Added SLIM, a 493, § 1. Comment. Conveyancing, see M.P.S. vol. Law Review Commentaries 28. Park, 1131. Condominium statute. William Schwartz,' 10 Annual Survey of Mass. Law. Boston College. P. 9 (1963). f § 18. Improvements; costs - 7 (a) If fifty per cent or more but less than seventy-five per cent of the unit owners. Agree to make an improvement to the common areas and facilities, the cost of such ] Improvement shall be borne solely by the owners so agreeing. Sj (b) Seventy-five per cent or more of the unit owners.may Agree to make an im- + provement to the common areas and facilities and assess the cost thereof to all unit - 3 owners as a common expense, but if such improvement shall,cost in excess of ten per cent of the then value of thecondominium, any unit owner not so agreeing may . . ! Apply to the superior court of the county in which the property is located, on such notice to the organization of unit owners as the court shall direct, for an order,` directing the purchase of his unit by the organization of unit owners at fair market- value arketvalue thereof as approved by the court. The cost of any such purchase shall be a-,s common expense. Added SLIM,e.493,§ L Law Review Gommtntaries } ' 1Condominium statute. William Schwartz, - 10 Annual Survey of Mass. Law, Boston College.P. 9 (1963). _ . i § 19. Removal from provisions of this chapter (a) Seventy-five per cent of the unit owners, or such greater percentage as Is stip- ulated in the by-haws, may remove all of a condominium or portion thereof from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens upon any of the units affected consent thereto by Instru- ments duly recorded. Upon such removal, the condominium, including all the units, or the portion thereof thus removed shall be owned in common by the unit ownetsi and the organization of unit owners shall be dissolved,unless it is otherwise provid, ed in the removal instrument. The undivided interest in the property owned in com-, ' iron held by each unit owner shall be equal to the percentage of the undivided inter-„ est of such owner in the common areas and facilities. -"- (b) Such rcntoval•shali not bar the subsequent resubmission of the Iand'and build- lags involved to the provisions of this chapter. Added SLIM, ,c. 483, § L � Comment. Conveyancing, see M.P.S. vol. Law"Review Commentariea 28, Park, 0 131. Condominium statute. William Schwartz,; - 10 Annual Survey of Meas. Law, Boston u x . College, p. 9 (1963)... .p ' r - .. :i a i nS (9ttu of S�tletn, ttsszccL�usetts y Department of Public Works 'R^o'S RALPH W. TEDFORD March 21 , 1973 CITY ENGINEER Mr. Daniel J. O' Brien Building Inspector 5 Broad Street Salem, Massachusetts Dear Mr. O'Brien: The recently revised site plan of apartment building , Loring Hills, is approved by this office to- gether with the Covenant concerning the drainage on Loring Avenue. very truly yours , Ra ph W. Te for City Engineer RWT/jiz WHEREAS, the Loring Hills Associates are constructing buildings in Salem, Massachusetts , as a result of which certain problems have arisen as to the drainage of surfc-ce water and other drainage problems in general ; and WHEREAS, it is important to the construction project that the work be expedited and immediate steps be taken to resolve drainage matters ; WHEREAS, the City of Salem, Massachusetts is unwilling to approve construction plans for the Loring Hills Associates until Loring Hills Associates provide for satisfactory operation of a drain under Loring Avenue in said Salem ; AQ?l, THEREFORE, the Loring Hills Associates , and Charles F. Quigley/Anthony V. Fletcher, individually, in consideration of One Dollar ($1 .00) and other valuable consideration, do hereby covenant and agree with the City of Salem, Massachusetts , a municipal corporation, that if an existing drain under Loring Avenue , Salem, Massachusetts , approximately 350 feet Easterly from the Swampscott Town boundary line , is not . capable of disposing of runoff water as a result of construction of the Loring Hills Associates the undersigned will , upon request by the City Engineer of the City of Salem, take any and all steps required to place this drain in an operable condition satisfactory to the requirements of the Salem City Engineer , and further will create , install , and complete an acceleration lane on the downhill of Loring Avenue in conjunction with creating a swale to receive and direct drainage water to the aforesaid existing drain crossing Loring Avenue ,and, in the absence of such work being satisfactorily completed within forty-five (45) days after written request by the City Engineer to the signatories hereof, the work herein contemplated may be completed by the City of Salem at the expense of the undersigned who agree they will promptly reimburse the City of Salem for i Page i1 of two pages such expenses, which shall include a reasonable charge for services of the Salem City Engineer and his staff. IWIT1� SS EdHEREOF, the Loring Hills Assoc ' tes by its s C%n=` �G ereunto duly thorized, and Charles F. Qui6 ey/Anthony V. Fletcher, individually, execute this agreement ,as an instrument under seal , as their and his free act and deed this 71;�' day of March, 1973. LORING HILL'S ASSOCIATES j . HYD.. . J dividually Witness : Page #2 of two pages s l.t-ttu D �IIE11T� �Tfi �It li�E #S , k. Public Proper# �e ttrfinexc# t j, v >Y 1 September 26, 1968 k Amid I O'Alrirn, 7jr., 1�§upt. Foam 7, (QitLl �filll Edwa.rd, J . Ribbs , Commissioner Department of Public Works 100 Nashua. Street, Boston, Massachusetts 02114 F Atten: Mr. George Berardi, Right of Way Division. Dear Mr. Berardi: Enclosed is a. copy of a plan for "Loring Hills East" , Loring Avenue , Salem, Ma.ssachusetts , showing where the proposed apartment complex is to be loca.ted with regard to the Vinnin Square road con- nector. I shall await advice from your department a.s to what disposition you plan in this regard. f Very truly yours , DJOB: cc INSPECTO ' OF BUILDINGS t f, ii. t. 330=b ri Aiwa: 45 , � CITY CLcc�,,� grrtCE AUGUST 30, 1977 DECISION ON THE PETITION OF LORING HILLS DEVELOPERS TRUST FOR PROPERTY LOCATED AT LORI NG BILLS AVECIUE-R-3 DISTRICT A hearing on the Petition of Loring Hills Developers Trust was held with members Donald Eames, Arthur Labrecque, William Abbott, James Boulger and Douglas Hopper _present. Notices were sent to abutters and others in accordance with. - Mass. Gen. Laws, Chapter 808, concerning property located at Loring Hills Avenue located in a R-3 Di.St.riCt. The Petitioner requests a Special Permit for 160 Bed Nursing Home. . Atty. John R. Serafini, 65 Federal S-treet, representedthePetitioners requesting a permit for the use of the land for that purpose in order to comply with the Certifi- cate of ??teed and then plans will be drawn up :in accordance with the State requirements. Mr. Serafini noted that there is in excess of :.rive acres of land which is more than enough to n.ccommoda.te this use. Over the years there have been many meetings with the City Boards and the Developer to sec that an orderly development ofthe land may evolve. An agreement was reached between _Ve City and the Developer that a. portion of land will be acquired by the City as „ _3nEervation area and d,eveloc+ment will be in accordance with the Planning Board' s controlled typedevelopment. It is a privately financed project and will be privately run within the strict riles of the Dept. of Health and will be a tax revenue project. Mr. Serafini noted that it would be in the best interest of the citizens of Salem to have a facility of this type available. It was also noted that there is more than ample space for parking. Atty. David Moran, 23 Central Ave. , Lynn represented Peter and Barbara Maitland, 23 Cedarcrest Ave. noting their concern on any and all :support systems such as water, sewerage, drainage, etc. They are also concerned about the placement of the facility in order that it does not encroach onto the abutting properties as well as the hei hc. limitation of the building and the future expansion of the facility. Mr. Moran noted that hewould like the Board to take these things into ccnsid- eration and that Mr.. & Mrs, Maitland would like to, go on record for. support of the project. . . Dlr. Frank Rubinstein, a condominium resident noted that he has no objection to �I going ahead with the plans. i Mr. Hyman London, _Loring Hills Ave. , expressed his concern about the increased traffic :in the area and noted that this should be considered since there will be visitors and delivery trucks that willbe using the roads. " AUGUST 30, 1977 t ' D:(C:iSION ON PROPERTY IOCATED AT LORING HILLS AVE. Page 2 A letter from the Planning Board showed that there was an agreement with the Planning Board and the developer for 150 bed nursing home. Mr. Serafini noted that this was an error and the agreement was for 160 beds. No one appeared in opposition. The Board unanimously voted to grant a Special Permit for 150 bed Nursing Home as noted in the Planning Board's statement subject to clarification of the number of beds by letter from the Planning Board as to whether it should be 160 in total, the number of parking spaces required will. be made avail.,—',I--; placement of the building is approved to assure the Board that the building will not encroach on the abutting properties; adequate drainage system is approved. Note: Letter from the Planning Board received and attached confirming the number of beds approved (160 in total) . The Board found that it could grant the Special Permit requested for 160 bed Nursing Home without substantial detriment to the surrounding neighborhood and with- out derogating from the intent of the Salem 7nni.nq By-laws. SPECIAL PER1�11T GRANTED APPEAL FROM THIS DECISION, IF ANY, SHALL: BE RADE PURSUANT TO SECTION 17 OF THE MASS. GEN. LAWS, CHAPTER 808, AND SHAI:L BE FILED WITHIN 2.0 DAYS AFTER THE DATE OF r FILING OF THIS DECISION-IN THE OFFICE OF THE CITY CLERK. `.. PURSUAjNT 7'O MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE 0Y, SPECIAL PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION OI' THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO A.-PEAL HAS BEEN FILED OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT 1176 BEEN DISMISSED OR DENIED IS RECORDED AT THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OSgNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND THE CITY CLERK'S OFFICE. - - BOARD OF' APPEAL Douglas/Hopper. Acting Secretary I V ROWED VtD SEP i4CITY CwLk&& grGl.:n E-1,o j. SAL`` HAST CITY OF SALEM MASSACHUSETTS - MAS:SACHUSETTS N. GREGORY SENKG PLANNING DEPARTMENT CITY PLANNER ONE SALEM GREEN 01970 September 12, 1977 Board of Appeals City of Salem One Salem Green Salem, Massachusetts 01970 Dear Chairman Boulger: With reference to the Application of Loring Hills Developers Trust for a Special Permit for a Nursing Home we _ _ -..it the following infor ma Lion: The plans for the "Health Center" to be constructed on Parcel G, which are referenced in the: CERTIFICATE OF ACTION PLANNING BOARD OF THE CITY OF SALEf. DATED JUNE 16, 1977 call for one hundred sixty (160) beds. The plans show sixty (60) on the first floor and one hundred (100) on the second floor. Sincerely, David Lash Assistan_ for Community Development DL/kms. . - - . cc SohnR. Seraf:ini L� �CttU of ft1, w, assn r4us.Ptb e w-w •� ��PttilttM� �FpFCt�lTtpll� J_ J. �ttrr�, Jr. 6D (,�,1MYfP1' �2c¢Pt fIIitg '�¢7aefricixn ttlrm, February 11 , iq 70 REPORT ON ELECTRIC PLANS FOR LORING HILLS TOWN HOUSE OR CONDOMINIUMS . UNIT 1 . dated 1/30/70 Plans call for 14/2 W/G except as noted for kitchen, dining room and eir Gond. 14/2 W/G cannot be connected to 20 amp breakers. There are not sufficient wall receptacles( reference: Art. 2-10-22 Mass. Elec. Code. ) There is no electric service layout. Plans must show all details as they are to be installed before approval is given. ,./- City y E ric..an. INSTRUCTIONS TO DELIVERING EMPLOYEE Show to whom, dale,and❑ Deliver ONLY address where delivered ❑ to addressee (Additional charges required for these services) RECEIPT Received the numbered article described below. REGISTERED N0. I SRfES�S/E�E�,,(((��fsst slwsys befilkdin) CERTIFIED NO. ) ) �'L�!>� INSURED �J ';!�NT, IF ANY INGURED N0. DATE DELIVERED Sregnested) 3 c66—I6-71648-10 avo POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE.Ism I POSTMARK OF DELIVERING OFFICE 1 1 INSTRUCTIONS:Show name and address below and complete instructions on other side, where applicable. Moisten gummed ends, attach and hold firm to back RETURN of article. Prior on front of article XXtE U TO RECEIPT REQUESTED. NAME OF SENDERS t~w3 STREET AND �'N((0/0/Oft P.O. BOX `e W POST OFFICE,STATE,AND ZIP CODE Registered with return receipt requested 6 Copies . jjjj y}rr (��[j- rI nyy¢• J''�u1}Iu{1 �} 'j y, 17�[ Ny4 .G11\I)IT,��'�h 01tu uA I5,alera,. asmrI uutts Public Propertg Beyartment •r,.mv.or' TITh TTT LP3JiIrtmPkit December 31, 1968 Amid J. 01flririr, Jr., J$iipt. REGISTERED MAIL - RETURN RECEIPT REQUESTED �Lwm Edward J. Ribbs , Commissioner Department of Public Works , 100 Nashua Street , Boston, Massachusetts 02114 Dear Mr. Ribbs : I have pending applications for building permits in the Vi_nnin Square area of Salem that are squarely on the proposed path of the connector road from Vinnin Square , Salem, to 1-95 - Location approval of the connector road was given to your depart- ment by C . T. Garrett , Division Engineer, Bureau of Public Roads , Fed- Highway Administration, in a letter dated October 21 , 1968 . In view of this situation, I am denying building permits on the . approved road location unless your department advises me to the contrary. Very truly yours , �� n v 1 ,, DJOB: c c CEJ 4--. U '�J Inspector ' $uildings 'vf \ �.; '`"�' �lI11t�iII� �C�,72IYf11ICItf September 20 , 1968 1j,wtu 7, Ciro �iaii . Edward J . Ribbs , Commissioner Department of Public Works ? 100 Nashua. Street , Boston, Massachusetts • 02114 Dear Mr. Ribbs : Complying with your request of December 27 , 1967 , we wish to inform your Right of Way Bureau that plans have been received in this office fox an apartment building complex in the Vinnin Square area.. These buildings appear to be directly in the pa.th of the proposed road. Very truly yours , _ .. ... .. .. . D 6-R. c c O, / \. DANIEL J. O'BRIEJR. , BLDG. INSPE4 r , `11 100�adwaiY&eefi, A&i&ml 02111 Mr. Daniel J. O'Brien, Jr. Inspector of Buildings Room 7, City Hall Salem, Massachusetts October 28, 1968 Dear Mr. O'Brien : This will acknowledge receipt of your letter dated September 26, 1968 concerning the proposed apartment house complex to be located on Loring Avenue , to be known as Loring Hills East. I wish to inform you that Department' s proposed design of the Vinnin Square Connector will affect the proposed apartment complex. Would you kindly keep us informed as to any further developments in connection with this project. Very truly yours, JoKh C. Powers, Director G.J.B. (M.T.S. ) Right of Way Bureau cc : J.L. MacNeil ` E.H.S. l J.R.D. G.J.B. of �ttlera, �s��c�u�efts ,'�1��U ,a2x �JTT�TITt ��T'II�ES�Y�i �E3J2TY�TITPTT� a � TTTIIYTIT$ E�3cIT1ttP1T October 29 , 1968 L 11?t - Fluun: 7, Titn 9d14 Alfred A. Dobbs , Esq. , City Solicitor - City of Salem, 70 Washington Street , Salem, Massachusetts Dear Mr. Dobbs: We are enclosing a copy of a letter sent to the City Engineer. We would request your opinion regarding the particular application referred to in this letter. We call to your attention that this building is facing a new private way, which at this time , we do not whether it will ever be dedicated to the City. Therefor, we would request that you answer the following questions : 1. If all other provisions are met insofar as Zoning and Building Codes are concerned, can this building be construed to be facing on a public way? . 2 . Whereas the developers have indicated at a meeting to which most of the officials of the City Government were invited, that many other multiple family dwellings will be built in this general area , would this area be construed as a subdivision at the present time , and if not , is it possi- ble to issue a building permit under such circumstances? As Building Inspector, I am the enforcing agent in interpretating both the Building Code and the Zoning Ordinance , and even though technically all provisions might be provided for, there are other factors which I feel should be considered. Almost a year ago, a request was received from the Commonwealth, Depart- ment of Public Works, that no building permits should be issued in areas where road development is contemplated, and whereas to date , we have received no official word from that department , is this sufficient reason not to issue a permit? Your official opinion would be greatly appreciated by this department before any building permit is issued. Very truly yours , DJOB: ccEncl . 1 :\ J .C .M _@ \` �" '`'•.h J.R,L 1:� n.y Inspector of/Buildings ' 1 ' �Cltt„ct �ur,�M�4 LJ.Z ? V4 1/U l�4Ll, C'.{II C�rOU �JE1�J n V 7 3 I.tit ; Public Prnyerty Beyartmeut sk"rnnvv,�nr^ �TTTI�tT1T� �le�sttrtmeut October 29, 1968 Amid 7j. O'jp'ricn, Tr., Supt. �innnc 7, Titu ginll Neal B. Mitchell, City Engineer, City Hall , Salem, Massachusetts Dear Mr. Mitchell : For some time past , your department has advised us about the inadequa- cy of sanitary sewerage , storm drainage , and domestic water services in the upper part of Loring Avenue, in the areas adjacent to the existing and proposed R-3 Zoning district. Preliminary plans. of one building have been presented to this office , and from these preliminary plans , several items must be decided upon before final approval can be given for this application. The application is for . a. permit for one building in which fifty-seven apartments and business type offices will be housed. Over a year and a half ago , the devklopers of this area showed pre- liminary plans which indicate that many multiple family dwellings will be built in this area and adjacent areas if the land is rezoned for such. It is conceivable that at some time , there will be a minimum of 1500 family units in thin complex. It is our understanding that the developer in his preliminary site plan indicates that the sanitary sewer as shown on our pr9liminary plans will be continued beyond this point , and many other multiple family dwel- lings will be connected to this service which terminates in the existing Loring Avenue sanitary drain. Therefor, we request that you answer with a letter, the following questions : 1. Regardless of whether this application is for one building or for "X" number of permits , and wherea.s everybody familiar with this project knows that many other buildings will be built, will the existing Lor- ing Avenue sanitary sewer be adequate for the ultimate project? 2. We would ask the same question relative- to the domestic water service . 3. And the same question in regard to the storm drainage . From previous statements from your department, it is evident that the water service in the vicinity of this project is only adequate to take the proposed building, and as yet no concrete plan has been indicated to tell how the rest of the multi family dwellings will be serviced. There have been indications from the.---developer that he is attempting to obtain water r - 2 from the Town of Swampscott , which connects with the Metropolitan District' Commission water service , and in some way he proposes that that line be adapted and arrangements made with the City of Salem to meter same and make applicable charges , the same as in normal water service . If this is to be the final solution for this area., assurances should be received from both the Town of Swampscott and the Metropolitan District Commission that this type of service will be approved by them. It is. ou.r understanding that the Planning Board intends to seek funds for a feasibility study for new main services which will embrace sanitary sewerage , storm drainage , water services , and possibly other utilites which will run along somewhere between the main: tracks of the Boston and ,Maine Railroad from the downtown business district and a point somewhere near the Swampscott line. Based upon the suppositio?h that this trunk service will be eventually installed, perhaps within ten years time , the utilities within this entire project be so designed that they could be connected to the future trunk lines, or should all of the trunk lines nearest the Loring Avenue side of the project be connected to the existing Loring Avenue services. A permit can not be issued on this plan unless these questions are definitely resolved and a. letter from you put ort file with this application. Very truly yours, DJOB: cc nspector Buildings ,.{ - �izW W r 10D�w6�uuv 7firecf ®lfoav MAI January 22, 1969 Mr. Daniel J . O'Brien, Jr. Inspector of Buildings City Hall - Room 7 Salem, Massachusetts Dear Mr. OtBrien: I was sorry we were unable to talk with you on our visit to Salem. However, we enjoyed our conversation with the Mayor and City Engineer. As a result of our conversation, we are sending to you a copy of our hearing plan for the Vinnin Square Connector. It is the intention of this Department to develop this expressway as shown on this plan. We appreciate the cooperation that you have shown us in protecting this land for the proposed highway as the Connector could be in jeopardy if building is permitted in the proposed corridor. Very truly yo s, EDWAR . RIBS CO SIONER •CONUIT� � 0 }I iyy� af �}t�y�y A�My�.{�Q�y t �♦ n Q m �J PEparhatnt of Ilublic Parks March 3, 1970 :a�c�omcte�cx CITY ENGINEER Mr. Daniel J. O' Brien Inspector of Buildings City Hall Salem, Massachusetts Re: Loring Hills Development - Water Supply Dear Mr. O'Brien: The water system in the vicinity of the Loring Hills development has been found to be adequate for present plans. The 6 inch water main in Loring Ave. should be disregarded for the supply of the development. The extension of the water line should be from the 16 inch main in Loring Ave. to allow for the future demands of the development. The static pressure at Loring Ave. and Maple Ave. on the 16 inch main was 72 psi in tests performed some time ago. The flow at the highest proposed hydrant in the site was cal- culated as 1000 gpm at about 47 psi. The static pressure at the high point in the site was figured at 69 psi since the elevation at that point-is nearly the same -as the elevation at--Loring and,Maple. iThese figures are not exact since there _ was no water system shown on the site plan of Loring Hills, `dated','§ept. 18, 1969, which was used by—this department for :the study.- Very truly yours <f/iC�-CfiYsL �• ��J-GL/2 YGQ Acting City Engineer --- -------- i (situ of �nlvm, '49assadlueleits -gazirb of peal APR FILL;- DECISION ON THE PETITION-QFV-I NN1N.ASSOC IATES REALTY TRUST .tTYr: ,. FOR A SPECIAL PERMIT AT-7 LORING HILLS AVENUE—,(MAP 21 , PARCEL 96) R-3 Zone A hearing on this petition was held March 28, 1990 with the following Board Members present: James M. Fleming, Chairman; Richard A. Bencal , Vice Chairman; Edward Luzinski , Richard Febonio and Associate Member Peter Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit in order to allow construction of a 123 bed nursing home in this R-3 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section IX D, which provides as follows: "In hearing and deciding applications for Special Permits, the Board of Appeal shall decide such wrt questions as are involved in determining whether such Special Permit should be granted, and shall grant Special Permits with such conditions and safeguards as are appropriate under this Ordinance or shall deny Special Permits when not in harmony with the purpose and intent of this Ordinance. The Board of Appeals shall not have the power to grant any Special Permit where use of land or structure is specifically excluded from the district." In more general terms, this Board is, when revieviing Special Permit requests. guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal , after careful consideration of the evidence presented at' the public hearing, and after viewing the plans, makes the following findings of fact: 1 . The proposed use is in harmony with the intent specified in the City of Salem Zoning Ordinance as it pertains to the R-3 zone with the grant of a Special Permit. 2. Various letters of support for the project were read, as well as actual testimony being voiced by health care professionals. and others. 3. Opposition,in the form of letters, was read and actual testimony was also voiced by abutters and others. 4. The ownership and operation of the proposed nursing home would be by persons with long experience in this industry. They have owned and, operated such facilites in the area. a7 y DECISION ON THE PETITION OF VINNIN ASSOCIATES REALTY TRUST FOR A SPECIAL PERMIT AT 7 LORING HILLS AVENUE (NAP 21 . PARCEL 96) . SALEM page two 5. The need for nursing home bed space , as stated by petitioner and others, is very acute. 6. Petitioner presented an actual recent traffic count study for visitors, employees and delivery vehicles at similar facilities. 7. The 2 acre lot of the proposed nursing home is in close proximatey to an area of mixed uses, such as commercial and residential . 8. The proposed use of a nursing home would be less of a traffic burden than residential . The area is served by major roadways. On the basis of the above findings of fact, and on the evidence presented, the y Board of Appeal concludes as follows: 1 . The proposed use will promote the public good by meeting the need for nursing homes. 2. The proposed nursing home is in harmony with the intent of the Zoning Ordinance. 3. The proposed nursing home will promote the public health, safety convenience- and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner meet all requirements of the Salem Fire Department 2. Property Street numbering be obtained the the City of Salem Assessors Office. a<. 3. All construction be done as per existing City and State building Code and as per plans and dimensions submitted. ' 4. Proper shrubbery shall be placed, and maintained in perpetuity, along lot lines and throughout the property with the approval of the Salem Planning Department. 5. Any and all dumsters shall be placed away from the present adjacent 6!x condominiums site line and these dumpsters shall also be properly screened 6. Property approvals, if- required, be obtained from any and all other applicable City and State Boards or Commissions, such as, but not limited to, the Planning Board, Conservation Commission or Board of Health. 7. A Certificate ofe0ccupancy be obtained. 8. Petitioner explore, and make good faith effort to secure traffic lights for interseciton of Carol Way and Loring Avenue. it -. 9�Petitioner shall abide by all decisions of the Salem Planning BoarLi d b tax relative to traffic flowfor this and adjacent projects sr , gxYy[3" ''$ 4 .y etYY P 3 .: A '�s YYL gvbf35 z s sa � ami=` 'k '^F! lw �Y'T X'�yza DECISION ON THE PETITION OF VINNIN ASSOCIATES REALTY TRUST FOR A SPECIAL PERMIT AT 7 LORING HILLS AVENUE (MAP 21 , PARCEL 96) , SALEM page three 10. Petitioner shall obtain rights, if required, to use Loring Hills Avenue. If,and when, such permission is obtained, petitioner shall be responsible for all maintenance, repair, snow plowing and the like for Loring Hills Avenue. 11 , Petitioner shall , in conjunction with adjacent condominium associations, work out a proportionate payment for shared common areas and facilities. 12. Developer shall cooperate with building a guardhouse or other safety facility for the condominium association on Carol Way or Loring Hills Ave. SPECIAL PERMIT GRANTED � J c and A. Be al , Vice Chairman 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 M:ss. General Lae:s, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Macs. Genera! Wss, Chanter 808, Section 11, the variance _ - g or tJecial Permit Cm rante. h^.eshall not tako effect until a copy of the :! decision, bearin . th^.ceruf:cation of the City Clark that 20 days have a -, elapsed and no appeal has Loan tded,or that, if such appeal has been filed,that it has been asmissea or denied is recorded in the South Essex Registry of Deeds and iMexed under the name or the owner of record or is recorded and noted fd the owner's Certificate of fllb. BOARD OF APPFJW . . ,z .L A. .�µ.��wCrim Elf ��5tzlem, cttrh '�` 1 E .85 My P3 :01 , J�n we dr'Y (Diu 5alrTCT GIPPIT CITY ALEN'f MF OFFICE DECISION May 6, I BS SPECIAL PERMIT SITE PLAN REVIEW Vinnin Associates Realty Trust/Mr. James Zieff 33 Bedford Street, Suite 12/114 Lexington, MA. 02173 On Thursday, April 4, 1985, the Planning Board of the City of Salem held a public hearing regarding the application of Vinnin Associations Realty Trust/Mr. James Zieff for a Special Permit under Section R, Site Plan Rev ,�o.ffthe—Sa-lem Zoning Ordinance, with respect to the construction q` ninety—eight housing units off Loring Hills Avenue,.Salem, MA. At a regularly scheduled meeting of the Planning Board held on Thursday, May 2, 1985, the Board voted, by a vote of seven in favor, none opposed, to approve the application as complying with the requirements for the issuance of the Special Permit with the following conditions: 1. All work shall conform to Plan entitled, "Vinnin Village II, Site Plan", dated March 8, 1985, revised April 1 , and April 11, 1985, stamped by Robert Venne, R.P.E. 2. Prior to issuance of building permits for Phase II , the land disturbed or damaged by development of Vinnin Village Phase I shall be restored to its former clean and/or undisturbed condition except for those areas which have been or are presently under construction. It is the intention of this condition that the Developer be responsible for clearing rubbish on the site which has accumulated during the course of construction. Such areas for cleaning and restoration shall be defined by the City Planner. 3. The Developer shall cause all traffic exiting from Vinnin Village to utilize a roadway to be improved which now exists as a construction road. Traffic exiting from Vinnin Village shall not be allowed to utilize Loring Hills Avenue. Such condition shall only be effective upon the completion and paving of the roadway which now, exists as a construction road. The road shall be completed and paved upon the issuance of the fifty—first (51st) Certificate of Occupancy for Vinnin Village Phase II. Such road improvements shall be subject to the review and approval of the Conservation Commission, Citv Engineer, and City Planner. C F_I\%-F 4. A booster pump, subject to the review approva17- 0 't e City Engineer and the Fire Department shall be installed to ensure adequate, water pressure and flow for emergency fire use, unles%9et fiJ@edPt3), y1, unnecessary after future testing. Such determination shall be made ior to issuance of Certificates of Occupancy for Ph E- �-_pr-------- ,.n.. -�f�Y-�C�'_FERMfiS QFFICE 5. Sloped granite curbing shall be installed along all §� MASS roadways/driveways, except as waived by the Planning Board. 6. Location and screening of trash receptacles shall be subject to the approval of the Board of Health, and shown on the above—referenced plan. 7. Refuse removal, road and ground maintenance, and snow removal shall be the exclusive responsibility of the Homeowners' Association. 8. All sanitary sewer pipes shall be constructed of PVC, or as approved by the Director of Public Services. 9. A minimum of 3 ' of cover for storm drain pipes and 4' of cover for sanitary sewer pipes shall be required. 10. Headwalls at each drainage outlet shall be installed. 11. Salt as a de—icing agent shall be prohibited, except in cases of extreme emergency. 12. All construction within the development shall be conducted in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. No work shall be conducted on Sundays. Inside work of a quiet nature shall be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters such as noise, dust, fumes. Advance notice of the commencement of construction shall be pro— vided to all abutters in writing. c. A sign shall be posted at the intersection of Loring Avenue and Loring Hills Avenue directing construction vehicles to the construction access road and away from Loring Hills Avenue. d. All construction vehicles shall be cleaned in order that they not leave dirt and/or debris on the road as the Leave the site. e. The Salem Fire Protection Code regarding blasing shall be strictly adhered to (M.G.L. C. 118 S. 10A and 527 C.M.R. 13.00) f. Drilling and blasting shall be limited to Monday—Friday only between the hours of 8:00 a.m. and 4:30 p.m. There shall be no drilling or blasting on Saturdays, Sundays, or holidays. RECEIVE', g. All construction shall be carried out in accordance with the Rules and Regulations of the Planning Boat: Cftrlp�fg;he Works shall be provided by the City only Mfr pectio utility installation on the site at the expense of the developer and as is deemed necessary by OIT D4EMS f3FM51ic Services or the City Planner. SALEM MASS 13. Landscaping of the project shall conform to plan entitled, "Landscape Plan, Vinnin Village 2," prepared by K. Bell and dated March 30, 1985. a. Shrub diameters shall be as shown on scale plan referenced above. Mature trees shall be minimum caliper of 3" and shall be so depicted on above—reference plan. b. Shrubs and trees shall be maintained in a healthy and thriving condition. Should these plantings not remain in a healthy and thriving condition, the responsibility for replacement of such plantings shall be the developer or his successor in interest. 14. Improvements at the end of Loring Hills Avenue to aid in traffic control shall be subject to the review and approval of the Director of Public Services and the City Planner. 15. Substantial violation of these conditions shall result in the revocation of this permit by majority vote of the Planning Board. In the event of such revocation, no further Building Permits shall be issued. I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planrring Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. �J eA HALTER B. PDWER,III d t� Chairman, Planning Board dey ftli#g of ,Salem, �lElazsar4usetts ,gyp Department of Pu61ir Parks �GNllNE NEAL B. MITCHELL CITY ENGINEER November 12,1968. Mr. Daniel J. O'Brien, Jr. Inspector of Buildings City Hall Salem, Massachusetts Re: Public utilities in upper Loring Avenue Dear Mr. O'Brien: The first statement in your letter of October 29th would appear to be more fitting if it was reworded to say, "for some time past, your department has advised us about the possibility of problems envolving sewage, drainage, and water supply in any extensive development of the upper part of Loring Avenue." This advise was intended to warn against the application of "down-town" standards and assumptions to the high and outlying areas at upper Loring Avenue, as was the policy at upper High- land Avenue . To claim inadequacy without knowing precisely of the maximum use and the method to be used by the developer would be illogical. Your assumption of a minimum of 1500 family units and "X" number of building permits is, in no way sufficient data from which to answer any of your questions. Adequate and complete planes by the developer, are necessary before any consideration of the adequacy of existing public facilities can be given. Many of the problems referred to in the first paragraph of this letter may be resolved by the developer, depending upon the method he proposes to use . The proposed method should, of course, be com- patible with the existing public facilities. Whether this is feas- ible or not is for the developer to determine, and so indicate on a complete set of plans submitted for the approval of the city. It does not seem to be the function of the city to do engineering or design work for a private developer. It also appears unlikely that the city will ever reconstruct, greatly modify, or extensively extend its multi million dollar facilities for the benefit of any one developer,- at least without bonded assurance that the entire project will be completed in a definite period of time. The existing public water and sewerage extends about to the east- erly corner of. the area under consideration. A recent water flow test at this end of the water system indicated a camparntively low supply through the existing old 6-inch main. It also indicated a fair supply at the end of the 1.6-inch main near Maple Avenue. This may, or may not, be adeq-uate.Zt=would-depend upon-the:method used by-the developer,- such as larger mains and/or-suitable_ pump, i�ng and storage facilities on the building site. n. Ctv of "Sttlent, '1Kttssar4usetts Peparhund of ]Juhlic Forks gpG'B. MITCHELL CrM:CNOINEEN November 12,1968. y: Daniel J. O'Brien, Jr. # s - "� The public sewerage, at the end in question, consists of a 12- inch pipe on a gradient of 0.024 and carries very little flow at the present time. The problems involved with this serer line are thousands of feet away from the above referenced area. These problems are now under study by a consulting engineering firm y, and it is hoped that recommended improvements will be made before <-=�K any extensive progress is made on this project. There is no public storm sewer at, or adjacent, to the above referenced area. It is my understanding that the developer now controls the land extending to the nearest public storm sewer . and proposes to connect to that system, although I have seen no suchlans. A p portion of that system of storm sewer was installed by the Massachusetts Department of Public Works. It discharges into the pond at the rear of the Stop & Shop Supermarket. It seems likely that permission of the Massachusetts Department of Public Works should be obtained, by the developer, before discharging large volumes of water into this sewer. This also cannot be properly resolved until complete plans are submitted for proper review of all agencies. The above should clearly indicate that until complete plane of the entire project (80 acres ) are submitted, there can be no reason- able evaluation of the adequacy of existing public facilities to serve the project. Futhermore, it is my opinion that the developer should clearly show how he ultimately intends to use the existing facilities with satisfaction to himself and no harm to others. In other words, I believe it is up to the developer to plan for proper service based on the existing public facilities. We will assist by supplying basic data on the existing systems, but the solution of his problem is strictly up to him. At a meeting held in the Hawthorne Rotel on November 1,1967"by the Loring Hills- Development Co. it was disclosed that about 80 acres of land was proposed to be developed,- essentially as a high-rise apartment complex. The developer's architect .stated that there :is an adequate water supply for the proposed development. Regs. d'Ing sewers, and their problems, he said that when they employ a, oivil engineer I would be contacted on any such problems. No such contact has occurred. In my opinion, any permit issued without the prior approval'- of complete development plans could well be the cause of new and.. " future problems in this area. This, of course, is assuming that a_major portion of the development will eventually, be constructed. . Very truly yours, .r . . r.. . . Neal. B - Mitchell:j.Y E LUCIER CLAIM SERVICE P.O.Box 631 56 North Bedford Street East Bridgewater,MA 02333 Telephone(508)378-4040 Fax(508)350-9840 Date: June 7, 1999 019 Building Department Town Hall J V Salem, MA 01970 RE: CHAPTER 139 NOTICE OF MUNICIPAL LIENS TO CITIES AND TOWNS IN MASSACHUSETTS INSURED: The Aurum Network and Its Member Companies ADDRESS: 6 NE Executive Park, Suite 400, Burlington, MA DATE OF LOSS: LOCATION OF LO 77— Grovesnor Nursing, 7 Loring Hill Ave., Salem, MA OUR FILE NUMB 06049902R Gentlemen: We are the adjusters working on behalf of the Royal & SunAlliance Insurance Company who provide insurance for the above-captioned insured on the building located at the above address. Under Chapter 139 of the Act of 1977, you are hereby notified that a claim payment of more than $1,000.00 is expected. Please advise this office of the existence of any liens on this building. If we have not received any notice of liens within seven (7),days from the date above, we will assume no liens exist and recommend payment accordingly. Sincerely, LUCIER CLAIM SERVICE Q"CLQ "Lu_�_ Randall Lucier Property General Adjuster NAME OF LIENHOLDER: ADDRESS: DATE LIEN FILED: AMOUNT OF LIEN: NAME: OFFICIAL TITLE STATE OF: COUNTY OF: Subscribed and sworn to before me on this_day of 19_ NOTARY PUBLIC: