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41 MASON STREET - BUILDING JACKET � 1As?v1fv?-e-f m UPC 10333 No. 153L-3 HASTINGS. 69N Commonwealth of Massachusetts MBL City of Salem 260087-0 In accordance with Massachusetts State Building Code 780 CMR, Section 110.7, Table 110 CERTIFICATE OF INSPECTION is issued to: Northeast Behavioral Health Corp, business name: I Certify that/have inspected the B: Office. Prof. or service-type transactions known as Northeast Behavioral Health Corp located at:41 MASON STREET in the City of Salem. The Means of Egress are Sufficient for the Following Number of Persons: By STORY Story Capicity Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location B: Office, prof. or service-type transactions 50 list R-4: Residential care/assisted living (16 max) 6 list TIC-17-37 5/9/2017 11/30/2018 Certificate Number Date Certificate Issued Date Certificate Expires Building Official '*A COPY OF THIS CERTIFICATE MUST BE POSTED IN CLEAR VIEW NEAR ALL ENTRANCES '* Certificate No: 846-05 Building Permit No.: 846-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits. This is to Certify that the BUSINESS located at Dwelling Type 0041 MASON STREETin the CITY OF SALEM ------------------------------------------ - - --- -------------------------`---------------- -- -- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 41 MASON STREET This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ....._-............. ........ ... ........., unless sooner suspended or revoked. Expiration Date Issued On:Thu Sep 29,2005 ✓ 7 - -:9-- - - -- GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. ML �yy0 • O I e y 0041 MASON STREET 846-05 US#:` -- z7U COMMONWEALTH OF MASSACHUSETTS !Lot'Map -- �6 CITY OF SALEM Block _ 10087 Catena y - —TENNANT FIT OUT ;Permit# 846-05 BUILDING PERMIT �Project# IJS-2005-1021 - - IEst. Cost $10,000.00 Fee $105.0 Const. Class: . PERMISSION IS HEREBY GRANTED TO: Use Group: _Contractor: License: 'Lot Slze(sq. $) 30055 ]ROBERT YOUNG General Contractor-CS029016 - Zom� IBP- — lOwner: BING REALTY TRUST !!Units Gained: Applicant: ROBERT' YOUNG [Units Lost: i IDi.,, Safe#: SAT: 0041 MASON STREET. -- — -- ISSUED ON: 08-Apr-2005 AMENDED ON: EXPIRES ON: 08-0ct-2005 TO PERFORM THE FOLLOWING WORK: 846-05 TENANT FIT UP HANDICAPPED BATHROOM TJS L(41'� a POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meier: Footings: Rough: 'at "��� 1/'�: ,fr'i,7 j\tough: Rough: Foundation: - � A 11�� Final:�� q/l�J�JG�y�rj Final: Final: Fi ifc h Q'� O,5✓ Rough Frame: �t . Fircplace/Chinmey: / D.P.W. Fire HealthI�/ - ' Insulation: ' Meter: Oil: /� 'l ['�� Hauseri Smokc. tj�/�.1 Final: ©K U;N- Y Trcasutyfw- 4/l�--- \Vater. Alarm: Sewer: ' I Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UAPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. I`�����, Fee Type: Receipt No: Date Paid: Check No: Amount BUILDING REC-2005-001256- 08-Apr-05-� , 30001 $105.00 GeoTMSO 2005 Des Lauriers Municipal Solutions,Inc. IL L co � • {/�� YSYYE AO CITY OF 'SALEM BUILDING PERMIT 0041 MASON STREET 846-05 GIs#: —_277 — — COMMONWEALTH OF MASSACHUSETTS Map - — 126 - - — - CITY OF SALEM Block: Lot: '------- ------ -' - -- --0087 Category: -TENNANT FIT OUT j Permit# 846-o5 BUILDING PERMIT Project# JS-2005-1021 Est. Cost: $10,000.00 :Fee: ----[$105.00 ,const.Class: ', 1 PERMISSION IS HEREBY GRANTED TO: Use Group: ',Contractor: License: Lot Size(sq. ft.): 30055 ROBERT YOUNG General Contractor-CS029016 Zoning: IBP - IOwner: BING REALTY TRUST Units Gained: -- i - - - _ —Applicant: ROBERT YOUNG Units Lost: Dig Safe#: AT: 0041 MASON STREET ISSUED ON: 08-Apr-2005, AMENDED ON: EXPIRES ON: 08-Oct-2005 TO PERFORM THE FOLLOWING WORK.- 846-05 ORK:846-05 TENANT FIT UP HANDICAPPED BATHROOM TJS LhI`� a POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: - Rough: Rough: Foundation: Final:�K �/ I,! , Final: Final: 5k 04 OJr" Rough From,: Fircplace/Clm racy: _ D.P.W. Fire Health /41 J� Insulation: Meter: Oil: V Final: ok - House# Smoke Y �n Trcasury:�ve�` Water: Alarm: t Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM N VIOLATION OF ANY OF ITS t •= RULES AND REGULATIONS. Sigi e: Fee'rype: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2005-001256 08-A7pr-05 - 30001 $105.00 GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. Attorneys ne s at Law 9 Alhboti.SEreet, Beverly, Mass"huuett. 01915 Tel.ph..c 978.92t.5544 Facsimile 978.921.6655 Marshall J. Handly Carla S. Cox mhandly@aol.com carlacox@aol.com October 3, 2012 Thomas St. Pierre City of Salem City Hall Annex 120 Washington Street Salem, MA 01970 Re: 41 Mason Street/Cease and Desist Dear Mr. St. Pierre: I am writing to you at the suggestion of Assistant City Solicitor Robin Stein to share with you information I believe is relevant to your consideration of the entitlement of the operations of Northeast Behavioral Health Corporation (NBH) at 41 Mason Street to the protection of the Dover Amendment (MGL c. 40A §3). The Dover Amendment is the statute which exempts educational facilities from local zoning control. As you are aware from previous correspondence, Northeast Behavioral Health Corporation (formerly Health & Education Services, Inc.), is a non-profit educational corporation organized and existing under the provisions of MGL c. 180. NBH's educational mission is to identify and evaluate behavioral issues which interfere with their clients' ability to function, and to instruct the clients concerning positive behaviors that will improve their physical and mental health, to enable them to function as contributing members of society. The Supreme Judicial Court has consistently held that the protection of the Dover Amendment is not limited to traditional schools and colleges, but extends to the teaching of independent living and other skills to individuals with mental health issues (see Regis College v. Weston, 462 Mass 280, 285-286 (2012), and cases cited). NBH operates the facility at 41 Mason Street specifically and exclusively for its educational purposes. The clients of NBH are individuals suffering from psychiatric issues, behavioral disorders, drug addiction, or alcohol addiction, and sometimes more than one condition. They are often introduced to NBH by local police or other community service agencies, and often in crisis. The referrals occur throughout the 24 hour day, often outside of normal business hours. NBH provides around-the- clock evaluative and educational services to a population in crisis. Due to the nature of NBH's clientele and services, any limitation on the hours of its operation will substantially interfere with the ability of NBH to perform its educational purpose. NBH is the lessee of five of the six units at 41 Mason Street. Two of the units are used for emergency services and conferences, where individuals with behavioral, psychiatric and drug issues are brought for immediate response, observation and evaluation. This is the first stage in the educational mission of NBH: identifying the particular behavioral issue affecting the client, and beginning- a responsive course of treatment and training that will help the client to avoid recurrence. CITY OF SALEM, MASSACHUSETTS ja BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 23, 2013 Bing Realty Trust Stephen Haley—Trustee 41 Mason Street Salem Ma. 01970 Re: dance studio hours Dear Owner, The Salem Zoning Board of Appeals denied, at the December I9`h,2012 meeting, your request to modify the 2003 Zoning Board's condition that limited hours of operation from 7:00 A.M to 6:00 P.M. I understand that through your Attorney, John Keilty, you have appealed this matter to Superior Court. Until a decision is made by the Court or the Court grants relief, the original decision is still in effect. You must restrict the hours of operation of the dance studio to 7:00 A.M to 6:00 P.M. Failure to comply with the original condition will constitute a zoning violation which has a max penalty of$300 per day. If you have any questions, please contact me directly. Thomas St.Pierre Building Commissioner/Zoning Officer cc. Att. Keilty, City of Salem Solicitor ,Beth Relmard LAW OFFICES ATTORNEY MARK L. NESTOR Putnam Place Business Center 45 Middle Street, Suite 1 180 Boulder Drive,Suite 150 P.O. Box 5357 Fitchhurg, MA 01420 Gloucester, MA 01930 (978) 345-3544 (978) 283-7117 Facsimile (978) 345-8034 Facsimile (978) 283-5118 Email.nestorlawCa),,aol.com Direct all correspondence to the Gloucester Office August 22, 2012 Thomas J. St. Pierre Director of Public Property - City of Salem Building Department 120 Washington Street, 3`a Flr Salem, MA 01970 Re: 41 Mason Street Dear Mr. St. Pierre: As you are aware, I represent the Whites . I am in receipt of your letter dated August 1, 2012, that you forwarded to Mr. Stephen Haley, Trustee, Bing Realty Trust . Can you please advise me whether he has acknowledged receipt of the letter and whether he is agreeing to comply or not with the noise reduction? Thank you in advance for your attention to this matter. If you have any questions, please feel free to contact my Gloucester office. I await y ur response. Sinc ' ly yours, Mark L. Ne for MLN: kaf Enclosures cc: clients aCITY OF SALEM, MASSACHUSETTS BUII.DING DEPARTMENT 120 WASHINGTON STREET,3-FLOOR TEL. (978)745-9595 FAX(978) 740-9846 ICIIvIBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 1,2012 Bing Realty Trust Art. Stephen Haley-Trustee 43 Mason Street Salem Ma. 01970 R.E Zoning Decision41 Mason Street Dear Mr. Haley, This Department has received complaints and has been copied the zoning decision for 41 Mason Street heard back on March 19,2003.1n this petition,relief was granted to construct an addition to the rear of 41 Mason Street. Several Standard conditions were recorded as well as conditions#8,#9,#10 and#11. Condition#11 stated that the hours of operation shall be between 7:00 A.M. and 6:00 P.M. This condition is the subject of the complaint. Specifically the dance studio and the H.E.S group..Therefore you are directed to cease-and desist operations between the hours of 6:00 P.M and 7:00 A.M. If you feel you are aggrieved by my interpretation this order,your appeal is to the Salem Zoning Board of Appeals. Sincerely Thomas St.Pierre cc. All Robin Stein, Aft. Mark Nestor d � �ONDITgq� CITY OF SALEM, MASSACHUSETTS 9?1� �� BOARD OF APPEAL i o. ��q y 120 WASHINGTON Snarer 1 Sm-e:nl,MASSA(:Elusr-:ris 01970 Tlv.c:978-619-5685 FAX 978-740-0404 KIAIi'6i.I]Y DRISCOLL MAYOR q A� .( O C r� r z m p November 20, 2012 nm O Decision m D 3 City of Salem Zoning Board of Appeals n rn J Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a Cease and Desist order of the Building Inspector for the property located at 41 MASON STREET A public hearing on the above Petition was opened on November 7, 2012 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on November 7, 2012 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair),Annie Harris, Michael Duffy,Jamie Metsch, Richard Dionne, and Jimmy Tsitsinos (alternate). Petitioner seeks an administrative appeal of a Cease and Desist order of the Building Commissioner. Statements of fact: 1. On March 19, 2003, the Zoning Board of Appeals issued a Variance for the property located at 41 Mason Street, in the Industrial Zoning District, granting dimensional relief to allow for an addition onto the existing building on that property. The Variance restricted hours of operation of the businesses on the premises to 7:00 a.m. to 6:00 p.m. 2. In a letter dated August 1, 2012, Building Commissioner Thomas St. Pierre ordered two businesses operating at 41 Mason Street, a dance studio and HES Group, to cease operation between the hours of 6:00 p.m. and 7:00 a.m. 3. In a petition date-stamped September 21, 2012, petitioner appealed the Cease and Desist order dated August 1, 2012. 4. Attorney Marshall J. Handly represented the petitioner at the hearing. 5. At the hearing and in the petition,Attorney Handly stated that the decision should be overturned because the use and operation of the space leased by Northeast Behavioral Flealth Corporation ("NHB") were exempt from zoning under the provisions of M.G.L. Chapter 40A §3, since NHB is a non-profit educational corporation. Section 3 provides, in I relevant part, that"No zoning ordinance or by-law shall ... prohibit, regulate or restrict the use of land or structures for religious purposes or ... or by a nonprofit educational corporation;provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." 6. At the hearing,Attorney Handly stated that the hours of operation were critical to NHB's educational mission. 7. At the hearing, several residents spoke in support of upholding the Cease and Desist order, citing disruptions to the neighborhood from noise, police calls, traffic, lack of parking, and trash. The Board also received copies of police reports and two letters from residents supporting upholding the order. No resident spoke against upholding the order. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted,makes the following findings: 1. A condition placed on a variance from dimensional requirements restricted the hours of operation of all tenants in the building. This condition allowed for the expansion of the structure and without this condition, the building may not have been enlarged. The hour restrictions were a safeguard on dimensional control. 2. The Board does not make a finding as to whether Northeast Behavioral Health is an educational use entitled to protection under M.G.L. Chapter 40A §3. 3. The 2003 Variance's limitations were included to serve a municipal goal. Further, there is ample evidence that this condition limiting hours of operation is necessary and such supporting evidence is on record, e.g. police reports presented to the Board and the testimony of neighbors. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five (5) in favor (Curran, Harris, Dionne, Duffy and Metsch) and none (0) opposed, to uphold the Cease and Desist order issued by the Building Commissioner restricting the hours of operation of Northeast Behavioral Health Corp. at 41 Mason Street. Rebecca Curran, Chair Salem Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special 2 Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. 3 JOHN R. KEILTY, Counselor At Law Telephone (978) 531-7900 40 Lowell Street Facsimile (978) 531-2479 Peabody,MA 01960 E-Mail Keil!yL w@verizon.net August 21, 2012 N o N N m Thomas St. Pierre —" u Building Inspector N o m City of Salem "' > 120 Washington Street, 3rd Floor Dm M CD Salem, MA 01970 c N n Re: 41 Mason Street, Salem, MA cr cM Dear Mr. St. Pierre: As you know, this office represents the Tenants at 41 Mason Street, David Walsh and Michael O'Brien. Messrs. Walsh and O'Brien have subleased all of the units at 41 Mason Street. Units 1, 3, 4, 5 and 6 are leased to Northeast Behavioral Health Corporation, formerly known as Health & Educational Services, Inc. ("H.E.S."). I am writing to you at this time to demonstrate that Chapter 40A, Section 3 exempts H.E.S. from being subjected to the provisions of the variance issued on March 19, 2003 for 41 Mason Street. Northeast Behavioral Health Corporation is a nonprofit educational corporation organized under Massachusetts General Laws, Chapter 180, Its purposes are to operate facilities to manage behavioral, mental health, and substance abuse conditions, and to engage in counseling and outreach and to conduct school-based and community-based education and research concerning behavioral health. The units occupied by Northeast Behavioral Health at 41 Mason Street are used for the provision of these educational services. They contain the business office, the conference rooms in which educational and training programs are conducted, and Interview rooms, in which clients are initially interviewed, observed and evaluated, to determine whether the client can benefit from the educational programs provided at that site, and which such educational programs are likely to be most effective for the client, or whether the client would be better served by redirection to a hospital or to a different health facility. 1 r. Inasmuch as Northeast Behavioral Health Corporation is a nonprofit educational corporation utilizing 41 Mason Street for educational purposes, under M.G.L. Chapter 40A, Section 3, it is not subject to most of the provisions of the City of Salem zoning ordinance. I hope the foregoing information has been of assistance and I would ask that the Cease and Desist as to the units occupied by Northeast Behavioral Health be rescinded. Thank you for your attention to this matter and I would be happy to discuss this matter further with you. Very truly yours, /John R. 16e. quire JRK/emb cc: Carla S. Cox, Esquire 2 Ha n(HY & Cox? PC. A ffor net's as Law 9 Abbott Stmet, B.$ erlr, Massachusetts 01915 Telephone 978.921.5544 If'aesimJe 978.921.6(U55 Marshall J. Handle Carla S. Coxmhnndk @'aol.con) carlm ox(iaoLanm August 17,2012 John R. Keilty,Esq. 40 Lowell Street Suite 22 Peabody,MA 01960 RE: 41 Mason Street, Salem, MA Dear Mr. Keilty: Please be advised that this office represents Northeast Behavioral Health Corporation, formerly known as Health & Education Services, Inc. ("HES"). Thank you for forwarding to this office the letter from the City of Salem Building Department dated August 1,2012. Northeast Behavioral Health Corporation is a nonprofit educational corporation organized under Massachusetts General Laws, Chapter 180. Its purposes are to operate facilities to manage behavioral, mental health, and substance abuse conditions, and to engage in counseling and outreach and to conduct school-based and community-based education and research concerning behavioral health. The units occupied by Northeast Behavioral Health at 41 Mason Street are used for the provision of these educational services. They contain the business office, the conference rooms in which educational and training programs are conducted,and Interview rooms, in which clients are initially interviewed,observed and evaluated,to determine whether the client can benefit from the educational programs provided at that site, and which such educational programs are likely to be most effective for the client, or whether the client would be better served by redirection to a hospital or to a different health facility. Inasmuch as Northeast Behavioral Health Corporation is a nonprofit educational corporation utilizing 41 Mason Street for educational purposes, under M.G.L.Chapter 40A, Section 3, it is not subject to the City of Salem zoning bylaws. Kindly forward this letter to Mr. Thomas St. Pierre, Director of Public Property/Building Commissioner of the City of Salem. Sincerely, Carla S. Cox CSC/mmw COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 9� BING REALTY TRUST, STEPHEN, ) +r a W. HALEY, TRUSTEE, ) Plaintiffs ) Fpq THE S U��® VS. ) NE COUNryy op oS EX "IV 181D13 REBECCA CURRAN,JAMIE METSCH, ) ANNIE HARRIS, MICHAEL DUFFY, ) j BONNIE BELAIR,JIMMY TSITSINOS and ) G� RICHARD DIONNE, as they constitute the ) ZONING BOARD OF APPEALS OF THE ) CITY OF SALEM, ). Defendants ) NOTICE OF APPEAL Notice is hereby given pursuant to M.G.L.Chapter 40A,Section 17,that an Appeal has been filed with the Superior Court Department, Essex Division, on January �, 2013 appealing a Decision of the City of Salem Zoning Board of Appeals dated December 26,2012 and filed with the Salem City Clerk on January 2, 2013. Said Decision denied an Application for a Variance filed by the Plaintiff, Stephen W. Haley, Trustee, concerning the real estate located at 41 Mason Street, n j O rn y �T Z L rn 00 .c N Salem,Massachusetts wherein the Board denied the amendment of a Variance granted on March 19, 2003 in which the petitioner requested an amendment to certain hours of operation under the original Variance. Respectfully submitted, BING REALTY TRUST, STEPHEN W. HALEY, TRUSTEE By its attorney, Jo R. eilty, quire BO#264360 40 Lowell Str et Peabody, MA 01960 (978) 531-7900 Dated: January , 2013 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 13 z � BING REALTY TRUST, STEPHEN, ) fig W. HALEY, TRUSTEE, ) a Plaintiffs , � INTHFILECOURT VS. ) FOR THE COUNTY OF ESSEX REBECCA CURRAN, JAMIE METSCH, ) JAN 18 2013 ANNIE HARRIS,MICHAEL DUFFY, ) BONNIE BELAIR,JIMMY TSITSINOS and ) sc RICHARD DIONNE, as they constitute the ) _LER K PIC ZONING BOARD OF APPEALS OF THE ) CITY OF SALEM, ) Defendants ) COMPLAINT s Now comes the Plaintiff in the above-captioned matter and states the following: 1. Judicial Review is hereby requested under the provisions of Massachusetts General Laws, Chapter 40A, Section 17, as amended, of the Decision of the Board of Appeals of the City of Salem dated December 26, 2012, filed with the City Clerk of the City of Salem on January 2, 2013, insofar as it relates to the premises located at 41 Mason Street, Salem, Essex County, Massachusetts. 2. The Plaintiff, Bing Realty Trust, Stephen W. Haley, Trustee resides at 41 Mason Street, Salem, Essex County, Massachusetts and 1 I 1 Birch Street, Salem, Essex County, Massachusetts respectively. 3. That the Plaintiff, Bing Realty Trust, Stephen W. Haley, Trustee is the owner of the real property located at 41 Mason Street, Salem, Essex County, Massachusetts by virtue of a Deed from Joseph A. Jones recorded at the Essex South District Registry of Deeds in Book 18794, Page 179, and which is identified on the City of Salem Assessors' Parcel ID 26-0087-0. 4. That the Defendant, Rebecca Curran, is an individual residing at 14 Clifton Avenue, Salem, Essex County, Massachusetts, who at all times material hereto was the Chairman and a member of the Zoning Board of Appeals of the City of Salem. 5. That the Defendant, Jamie Metsch, is an individual residing at 18 Oliver Street, Apt. 42, Salem, Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 6. That the Defendant, Annie Harris, is an individual residing at 28 Chestnut Street, Salem, Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 7. That the Defendant, Michael Duffy, is an individual residing at 1 Warren Court, Salem,Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 8. That the Defendant, Bonnie Belair, is an individual residing at 102A Wharf Street, Salem, Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 9. That the Defendant, Jimmy Tsitsinos, is an individual residing at 6C Wharf Street, Salem, Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 10. That the Defendant, Richard Dionne, is an individual residing at 23 Gardner Street, Salem, Essex County, Massachusetts, who at all times material hereto was a member of the Zoning Board of Appeals of the City of Salem. 11. That the Court has jurisdiction of this matter pursuant to Massachusetts General Laws, Chapter 40A, Section 17 as it constitutes an appeal from the Decision of the Zoning Board of Appeals of the City of Salem, a certified copy of said Decision is attached hereto as Exhibit "A" 12. That on or about November 7, 2012, the Plaintiff, Bing Realty Trust, Stephen W. Haley, Trustee filed an "Application for Variance, or Other Relief' with the Board of Appeals of the City of Salem(see Application attached hereto marked for identification as Exhibit "B") requesting a "variance to amend a condition of an original variance dated March 27, 2003 allowing a dance studio to stay open until 9:00 p.m." 13. That the property is located in an BP Zoning District. 14. That a Public Hearing was held on December 19, 2012, after being advertised in ° The Salem News on December 5, 2012 and December 12, 2012. 15. That on December 19, 2012, the Board of Appeals on the application of the Plaintiff, Bing Realty Trust, Stephen W. Haley, Trustee,voted to deny an amendment to a previously granted Variance from the provisions of the Zoning Ordinance as it applies to the premises known as 41 Mason Street, Salem, Massachusetts, as set forth in the Decision of the Board of Appeals of the City of Salem dated December 26, 2012 and filed with the City Clerk of the City of Salem on January 2, 2013, a copy of which is attached hereto as set forth herein as Exhibit "A". 16. That the Decision of the City of Salem Board of Appeals failed to set forth any reasons upon which they could base a decision of the Board of Appeals in accordance with the criteria set forth in Massachusetts General Laws, Chapter 40A, Section 10, which requires that the granting of variances be in substance as follows: "... to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law...". 17. That the Decision of the City of Salem Board of Appeals denying the variance cannot stand unless the Board specifically finds that the statutory requirement for hardship running with the land has not been met. 18. That the Decision of the Defendant, Zoning Board of Appeals, is inadequate on its face and fails to set forth sufficient grounds for the denial of the variance application. 19. That the Decision of the Defendant, Zoning Board of Appeals, exceeds the authority of the Board, is based on legally untenable grounds, is unreasonable, capricious and arbitrary. 20. That on January/9-1 2013, the Plaintiff gave notice of this appeal to the City Clerk of the City of Salem. WHEREFORE, the Plaintiff prays: 1. That the Court hear the evidence and determine the facts and upon the facts so determined, order, decree and adjudge that the Defendant, Zoning Board of Appeals' Vote and Decision of December 26, 2012 is invalid, of no force or effect and that said Decision be annulled; 2. That the Court award the Plaintiffs their costs and attorney's fees in this action; and 3. For such other and further relief as this Honorable Court deems reasonable and just. Respectfully submitted, BING REALTY TRUST, STEPHEN W. HALEY, TRUSTEE By its attorney, J-61m R. eil , squ' BBO #264360 40 Lowe treet Peabody,MA 01960 (978) 531-7900 Dated: January �013 �ONDIT,��Q; CITY OF SALEM MASSACHUSETTS hP �' BOARD OF APPEAL roil 120 WAS[IINGTON S'IRI11-1 ♦SrV 1`.01,SIASAIIIJAN(TT20 A ID I q Tcl.e:978-6195685 FAX:978-740-0404 Ki analsRl.rY DRISCOLI' FILE fl �1"OR CITY CLERK, SALEM. MASS, December 26, 2012 Decision City of Salem Zoning Board of Appeals Petition of BING REALTY TRUST seeking to amend a previously issued Variance decision in order to change the allowed hours of operation of the dance studio located in the building on 41 MASON ST (NRCC). A public hearing on the above Petition was opened on December 19, 2012 pursuant to Mass General Law Ch. 40A, g 11. The hearing was closed on December 19, 2012 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair),Annie Harris, Michael Duffy, Richard Dionne,and Jimmy Tsitsinos (alternate). Petitioner seeks to amend a Variance granted on March 19, 2003 for the property located at 41 Mason Street,Salem. Statements of fact: 1. In a decision date-stamped March 27, 2003, owner Stephen W. Haley received Variances from side and rear setbacks,parking and density requirements to construct an addition on the building located at 41 Mason Street. 2. A condition of issuance of the Variances was a restriction of the hours of operation of the building from 7:00 a.m. to 6:00 p.m. 3. In a petition date-stamped November 7, 2012,petitioner requested to amend the condition of the Variance restriction hours for the dance studio only, to allow it to stay open until 9:00 p.m. 4. Attorney John R. Keilty, 40 Lowell Street, represented the petitioner at the hearing. 5. At the hearing, several neighbors spoke against the petition, citing concerns about noise, traffic, parking and congestion on and around the site. _ 6. At the hearing, many students, parents and teachers from the dance studio spoke in support of the petition, saying that noise, parking and traffic issues were minimal, the studio was 1 surrounded by businesses as well as residences, and it served youth and the community in a positive way. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted,makes the following findings: 1. While the existence of the dance studio was not problematic, relief to extend the hours of operation to 9:00 P.M. could not be granted either without detriment to the public good or without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the expansion of the building in 2003 only occurred under the'condition that business operations on the site be restricted to 6:00 p.m., and the Board finds that operations after this hour are disruptive to the neighborhood. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted two (2) in favor (Dionne and Tsitsinos) and three (3) opposed (Curran, Harris and Duffy), to grant the requested amendment to the previously issued Variance. The petition is denied. Rebecca Curran, Chair Salem Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. 2 ZONING BOARD OF APPEALS PETITION FORM ,�LntmrrZ9 CITY OF SALEM,MASSACHUSETTS ZOIZ NOV -1 A II: Oq ZONING BOARD OF APPEALS ten,' t 120 WASHINGTON STREET,3RD FLOOR FILE # 9�g Y SALEM,NL9SSACHUSETTS 01970 CITY CLERK, SALEM, MASS. Z. Thomas St.Pierre,Director of Inspectional Services ?h�tMhYgUot '. t.978-619-5641/f.978-740-9846 -- Danielle McKnight,Staff Planner t.978-619-5685/f.978-740-0404 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address:41 Mason Street, Salem, MA Zoning District: 216-0087-0-BP An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build the dimensions,the zone property is in, and the zoning requirements. Example: 1 am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 12 feet. The Petitioner seeks to amend a decision of the Salem Zoning Board of Appeals granted on March 19,2003 as it applies specifically to the hours of operation (Condition #11) so as to provide for amended hours of operation for Dance Enthusiasm, a dance studio being 7:00 a.m.to 9:00 p.m. For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from i (i.e. minimum depth of rear yard). What is allowed is (ft?sgfT?stories? %?), and what I am proposing is (ft?sq ft?stories? %?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example: Two Family Home)�Llgh�t Commercial O Yes (,I No n/a because no request fOr Mixe Usk dimensional relief The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. ZONING BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( )For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. ( )For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and 1) Potential fiscal impact, including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. If different from petitioner: Petitioner: Bing Realty Trust Property Owner: "Same" Address: 43 Mason St., Salem, MA Address: Telephone-(781) 298-7895 Telephone: tgnJ afore / AW Signature(Attached consent letter is also acceptable) November 1, 201211V'K Date Date If different from petitioner: A TRUE Representative: John R. Kellty, Esq. ATTEST Address: 40 Lowell St., Peabody, MA Telephone:(978) 531-7900 Signature November 1, 2012 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 3 j' lr 120 WASHINGTON STREET,3ADFLOOR \�i ✓ TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 1, 2012 Bing-Realty-Trust - _. Att. Stephen Haley-Trustee 43 Mason Street Salem Ma. 01970 R.E Zoning Decision-41 Mason Street Dear Mr.Haley,This Department has received complaints and has been copied the zoning decision for 41 Mason Street heard back on March 19,2003.In this petition,relief was granted to construct an addition to the rear of 41 Mason Street. Several Standard conditions were recorded as well as conditions#8,#9,#10 and#11. Condition#11 stated that the hours of operation shall be between 7:00 A.M. and 6:00 P.M. This condition is the subject of the complaint. Specifically the dance studio and the H.E.S group.. Therefore you are directed to cease and desist operations between the hours of 6:00 P.M and 7:00 A.M. If you feel you are aggrieved by my interpretation this order,your appeal is to the Salem Zoning Board of Appeals. Si erely �/� Thomas St.Pierre cc. Att Robin Stein, Att.Mark Nestor i BOARD OF APPEAL AE t,iA 4P); 12C v;SSHINC_TON STREET; 3RD Floor CLERK'S OFFICE SALEM, MA 07470 \9�ci ", TEL. (97e) 745-9595 FAX (978) 740-9846 STANLEY J. USOvICZ, JR. MAYOR .1001 MAR 21 A 10: 4 I DECISION OF THE PETITION OF STEPHEN W. HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I A hearing on this petition was held March 19, 2003.with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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. The petitioner is requesting Variances from side and rear setbacks, parking and density requirements to construct an addition for the property located at 41 Mason Street located in an I zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner Stephen Haley owns and operates Crown Auto Supply, a wholesale auto parts business located at 45 Mason Street adjacent to the subject property. Several other businesses also operate at the 45 Mason Street property, and Mr. Haley currently holds a license to offers used cars for sale at 43 Mason Street. 2. Petitioner seeks to renovate a former tannery building at 41 Mason Street for commercial and light industrial use. The existing structure is nonconforming as to minimum lot area, frontage, front and side yard setbacks, and it does not offer sufficient off street parking to meet the requirements of the ordinance for commercial or industrial use. 3. Architect Richard Griffin of 37 Turner Street, Salem, detailed the proposed renovation. A three story wood structure at the Mason St. property line is unsound and it will be demolished A single story brick structure behind the wood DECISION OF THE PETITION OF STEPHEN HALELY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET i page two structure has been gutted and cleaned; it has been determined to be free of contamination arising from its former use. Mr. Haley proposes to construct commercial offices within the existing walls of the brick building and to create a new single story addition on the southeast corner of the property. The new space will be used for his existing business and for other commercial uses consistent with the business now operating in the adjacent properties. The new addition will have a 2- foot setback and a rear setback of 2 feet. The new space will be used for this existing business and for other commercial uses consistent with businesses now operating in the adjacent properties. 4. Ward 5 City Councillor Mike Bencal reported that Mr. Haley met with neighbors in July 2002 to explain the project, and that the neighborhood was in favor of granting The variances. Eric Easley of 35 also voiced support for Mr. Haley's project Mason Street and Arthur Parent of 39 Mason Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6, Petitioner shall obtain a Certificate of Inspection. DECISION OF THE PETITION OF STEPHEN HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I page three 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including but not limited to the Planning Board. 8. No neon signs are to be used. 9. There shall be no outside storage. 10. There shall be no automotive repairs. 11. Hours of operation shall be between 7:00 a.m. and 6:00 p.m. VARIANCE GRANTED MARCH 19, 2003 Nina Cohen, Chairman Board of Appeal A COPY OF.THIS DECISION HAS BEEN FILED WITH THE.PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein,shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal I I Eagle - Tribune Salem News Newburyport Daily News Gloucester Times REQUEST FOR LEGAL NOTICE I understand that by signing this form I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice received by the city. Please make checks payable to the paper that will be publishing the legal notice. **Average legal notice costs are estimated. "Customer will either be refunded or billed when the legal notice is published. Eagle Tribune Paper= $200.00 per day Essex County Papers =$250.00 per day Check# d)77,J Credit Card (please call with the credit card information to the person receiving the legal notice at our paper) Signed n�� ?&5 Agent Date Print Name Address ® t�Cil�(XO _ t Phone COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. BING REALTY TRUST, STEPHEN, ) W. HALEY, TRUSTEE, ) Plaintiffs ) VS. ) REBECCA CURRAN,JAMIE METSCH, ) ANNIE HARRIS,MICHAEL DUFFY, ) BONNIE BELAIR,JIMMY TSITSINOS and ) RICHARD DIONNE, as they constitute the ) ZONING BOARD OF APPEALS OF THE ) CITY OF SALEM, ) Defendants ) AFFIDAVIT OF NOTICE NOW COMES,John R.Keilty,Esquire of 40 Lowell Street,Peabody,Massachusetts 01960 who states as follows: 1. That I am the attorney of record for the Plaintiff,Bing Realty Trust,Stephen w.Haley, Trustee, in the above-entitled matter. 2. That on January Tom, 2013,a Notice of Appeal and a copy of the Complaint filed with the Superior Court Department, Essex Division,was filed with the City Clerk's Office for the City of Salem,Massachusetts. A copy of said Notice of Appeal and Complaint,stamped as received by the City of Salem Clerk's Office, is attached hereto as Exhibit "A". 3. That the Clerk's Office for the City of Salem,Massachusetts, has been put on notice of said appeal. a I I Signed under the penalties of perjury this day of January, 2013. J Jo chnA ilty, uire BO #264360 �4b Lowell St eet Peabody, MA Of960 (978) 531-7900 Dated: January , 2013 i TRIAL COURT OF MASSACHUSETTS CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT DOCKETNO. I,3 - 9� COUNTYrESSEX OF BING REALTY TRUST STEPHEREBECCA CURRAN, ET ALS AS THEY PLAINTIFF(S)WHALEY, TRUSTEE ANT(S)CONSTITUTE THE ZONING BOARD OF APPEALS OF THE CITY OF SALEM Type Plaintiff's Attorney name,Address, City/State/Zlp Type Defendant's Attorney Name, Address, City/State/Zip Phone Number and BBO# Phone Number(If Known) John R. Keilty, Esquire (978) 531-7900 Elizabeth M. Rennard, Esquire (978) 745-9595 Salem City Hall 40 Lowell Street 93 Washington Street Peabody, MA 01960 Salem, MA 01970 BBC)#26436 TYPE OF ACTION AND TRACK DESIGNATION(See reverse side) CODE NO. TYPE OF ACTION(specify) TRACK IS THIS A JURY CASE? CO2 Zoning Appeal G L c 40A -Fast Track C( ] Yes ] No The following is a full,itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form,disregard double or treble damage claims; indicate single damages only. I, 4 j TORT CLAIMS (Attach additional sheets as necessary) A. Documented medical expenses to date: 1. Total hospital expenses $ 2. Total doctor expenses $ 3. Total chiropractic expenses $ 4. Total physical therap expenses $ 5. Total other expenses describe) $ Subtotal $ B. Documented lost wages and compensation to date $ C. Documented properfy damages'to date $ D. Reasonably anticipated future medical expenses $ E. Reasonably anticipated lost w ges and compensation to date $ F. Other documented items of daNgages (describe) G. Brief description of plaintiffs injury,including nature and extent of injury(describe) Total S CONTRACT CLAIMS (Attach additional sheets as necessary) Provide a detailed description of claim(s): Not Applicable TOTAL $............... PLEASE IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT _ Not Applicable "I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC Rule 1:18)requiring that I provide my clipidgwith information about court-connected dispute resolution services and discuss with them the advantages and disadvantages of the var o in hod Signature of Attorney of RecordDate: January,2013 A.O.S.C.3-2007 CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE CONTRACTS ` REAL PROPERTY MISCELLANEOUS A01 Services,Labor and Materials F) c01 Land Taking(eminent domain) (F) E02 Appeal from Administrative A02 Goods Sold and Delivered (F) CO2 Zoning Appeal,G.L.c.40A IFI Agency G.L.c.30A (X) A03 Commercial Paper (F) CO3 Dispute concerning title (F) E03 Claims against Commonwealth AO8 Sale or Lease of Real Estate (F) C04 Foreclosure of mortgage IX) or Municipality (A) Al2 Construction Dispute (A) COS Condominium Lien&Charges IX) E05 Confirmation of Arbitration Awards (X) A99 Other(Specify) (F) C99 Other(Specify) (F) E07 G.L.c.112,s.12S(Mary Moe) (X) E03 Claims against Commonwealth (A) E03 Claims against Commonwealth (A) EO8 Appointment of Receiver (X) or Municipality or Municipality E09 General Contractor bond, EQUITABLE REMEDIES G.L.c.149,as.29,29a (A) DOI S Ell Workers Compensation (X) *TORT pacific Performance of Contract (A) B03 Motor Vehicle Negligence (F) 002 Reach and Apply (F) E12 G.L.c.123A,s.12(SDP Commitment) (X) personal injurylproperty damage D06 Contribution or Indemnification (F) E14 G.L.c.123A,s.9(SDP Petition) 804 Other Negligence- (F) D07 Imposition of a Trust (A) E15 Abuse Petition,G.L.c.209A (X) 008 Minority StockholderSurcharge Stockholder's Suit (A) E16 Auto personal injurylproperly damage D1O Accounting - (A) Appeal B05 Products Liability (A) D12 Dissolution of Partnership (F) E18 Civil Rights Act,G.L. cee s.g (A)A) B06 Malpractice-Medical - (A) D13 Declaratory Judgment G.L.c.231A (A) E78 Foreign Discovery Proceetlin (X) 907 Malpractice-Other(Specify) (A) D99 Other(Specify) (F) E19 Sex Offender Registry G.L.c.178M, 808 Wrongful Death,G.L.c.229,s.ZA(A) s.6 (X) 815 Defamation(Libel-Slander) (A) E25 Plural Registry(Asbestos cases) B19 Asbestos (A) E95 "Forfeiture G.L.c.94C,5.47 (F) 820 Personal Injury-slip&fall (F) E96 Prisoner Cases (F) 021 Environmental .(F) E97 Prisoner Habeas Corpus (X) B22 Employment Discrimination (F) E99 Other(Specify) (X) B99 Other(Specfy) (F) E03 Claims against Commonwealth (A) 'Claims against the Commonwealth or a municipality are type E03, Average Track, cases. f "Claims filed by the Commonwealth pursuant to G L c 94C, s 47 Forfeiture cases are type E95, Fast track. TRANSFER YOUR SELECTION TO THE FACE SHEET. ii I0 EXAMPLE: - - IK le' CODE N0. TYPE OF ACTION(SPECIFY) TRACK IS THIS A JURY CASE? it., B03 Motor Vehicle Negligence-Personal Injury (F) (X I Yes I I tG IL its SUPERIOR COURT RULE 29 DUTY OF THE PLAINTIFF.The plaintiff or his/her counsel shall set forth,on the face sheet(or attach additional sheets as necessary),a statement specifying in full and itemized detail the facts upon which the plaintiff then relies as constituting money damages.A copy of such civil action cover sheet,including the statement as to the damages,shall be served on the defendant together vrith the complaint.If a statement of money damages,where appropriate is not filed,the Clerk-Magistrate shall transfer the action as provided in Rule 29(5)(C). DUTY OF THE DEFENDANT.Should the defendant believe the statement of damages filed by the plaintiff in any respect inadequate,he or his counsel may file with the answer a statement specifying in reasonable detail the potential damages which may result should the plaintiff prevail.Such statement,if any,shall be served with the answer. A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMPLAINT. FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. LAW OFFICES ATTORNEY MARK L. NESTOR Putnam Place Business Center 45 Middle Street,Suite 1 180 Boulder Drive,Suite 150 P.O. Box 5357 Fitchburg,MA 01420 Gloucester, MA 01930 (978) 345-3544' (978) 283-7117 Facsimile(978) 345-8034 Facsimile (978) 283-5118 Email.nestorlanC&)aol.com Direct all correspondence to the Gloucester Office July 27, 2012 Thomas J. St. Pierre Inspectional Service Director City of Salem 120 Washington Street, 3rd Flr Salem, MA 01970 Re : 41 Mason Street Dear Mr. St. Pierre: Please be advised that I represent Silvana and Joseph White, who reside at 37 Mason Street, Salem, MA 01970 . On March 19, 2003, a Variance was given by the Board of Appeals, City of Salem to Stephen W. Haley, the owner of 41 Mason Street . This variance was to allow him to do a complete renovation of the building on the property located at 41 Mason Street, Salem, MA, a copy of which is attached. Number 11 of the Special Order of Conditions that was attached to the Variance provided that the hours of operation were limited to 7 : 00 a.m. through 6: 00 p.m. This would also apply to all business that Mr. Haley would lease the premises to. Unfortunately that has not been the case. There are at least two businesses within the premises whose hours exceed the hours mandated by the variance. The first one is an entity known as Dance Enthusiasm and the second one is the HES Community-Base program located in that building. Copies of the brochures for both are attached. According to these brochures, the hours of operation far exceed the hours authorized in the variance. This has resulted in a number of complaints to the police for excessive noise; a copy of the most recent one is attached. Further, according to the Police Report the HES facility which is North East Behavioral Health believes they can operate 24hrs a day 7 days a week. This is clearly unacceptable and unauthorized. My clients have made various complaints to the Salem Building Department Thomas J. St . Pierre July 27, 2012 Page 2 regarding same and received no satisfaction. Therefore, pursuant to Section 9. 2 . 1 of the City of Salem' s Ordinances this letter should serve as a request for Enforcement of the Terms and Conditions of the Variance and the immediate reduction of the hours of operation of the business to those allowed by the Variance. Further, pursuant to said Section 9. 2 . 1, please advise me within 14 days what action the Building Department has taken if any. Thank you in advance for your attention to this matter. If you have any questions, please feel free to contact my Gloucester office. I await your response. Sincerely yours, Mark L. Nestor MLN: kaf Enclosures cc: clients ` 1 CF SALEM. MA BOARD OF APPEAL 120 *ASHINGTON S1PEET. 3RD Flock CLERK'S OFFICE 115 SALEM, MA 01970 TEL. (978) 745-9595 \FcrMme W�c . FAx (978) 740-9846 STANLEY J. USOVICZ, JR. .2001 MAR 21 A la 41 MAYOR DECISION OF THE PETITION OF STEPHEN W. HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Nicholas Halides, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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. The petitioner is requesting Variances from side and rear setbacks, parking and density requirements to construct an addition for the property located at 41 Mason Street located in an I zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner Stephen Haley owns and operates Crown Auto Supply, a wholesale auto parts business located at 45 Mason Street adjacent to the subject property. Several other businesses also operate at the 45 Mason Street property, and Mr. Haley currently holds a license to offers used cars for sale at 43 Mason Street. 2. Petitioner seeks to renovate a former tannery building at 41 Mason Street for commercial and light industrial use. The existing structure is nonconforming as to minimum lot area, frontage, front and side yard setbacks, and it does not offer sufficient off street parking to meet the requirements of the ordinance for commercial or industrial use. 3. Architect Richard Griffin of 37 Turner Street, Salem, detailed the proposed renovation. A three story wood structure at the Mason St. property line is unsound and it will be demolished A single story brick structure behind the wood 5 A DECISION OF THE PETITION OF STEPHEN HALELY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET i page two structure has been gutted and cleaned; it has been determined to be free of contamination arising from its former use. Mr. Haley proposes to construct commercial offices within the existing walls of the brick building and to create a new single story addition on the southeast corner of the property. The new space will be used for his existing business and for other commercial uses consistent with the business now operating in the adjacent properties. The new addition will have a 2- foot setback and a rear setback of 2 feet. The new space will be used for this existing business and for other commercial uses consistent with businesses now operating in the adjacent properties. 4. Ward 5 City Councillor Mike Bencal reported that Mr. Haley met with neighbors in July 2002 to explain the project, and that the neighborhood was in favor of granting The variances. Eric Easley of 35 also voiced support for Mr. Haley's project Mason Street and Arthur Parent of 39 Mason Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6, Petitioner shall obtain a Certificate of Inspection. DECISION OF THE PETITION OF STEPHEN HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I page three 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including but not limited to the Planning Board. 8. No neon signs are to be used. 9. There shall be no outside storage. 10. There shall be no automotive repairs. VARIANCE GRANTED MARCH 19, 2003 Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal x ; 5 x v 9 i Summer Programs ek Ga it er $, saes Dance Enthusiasm .�-- - Summer 2012 Tuesday 3:15 4:00 p.m. PRINCESS DANCE PARTY 3 5 yr. Explore dance, as a royal princess. 4:00 5:00 p.m. FAIRYTALE IN DANCE 5 7 yr. Explore dance though the eyes of a pixie. Each week ballet skills will be advanced, through fun activities. 4:00 5:00 p.m. HIP HOP 7 11 yr. 5:00 6:00 p.m. BEGINNER ACROBATICS 5 10 yr. Enjoyable and appropriate for dancers of all levels. Basic tumbling will be reviewed, as well as new skills explored. Strength and muscle stability are improved through acrobatics. 5:00 6:00 p.m. HIP HOP 12 yr. and up 6:00 6:45 p.m. BEGINNER POINTE Pre-approval by instructor required. 6:45 7:45 p.m. _ TURNS & LEAPS 12 yr. and up Become a better turner and leaper.! This class is focused on improving technique associated with turns and leaps. Leam fun tum combinations, and new leaps. No class Judy 17`h. Make-up class on August 28h.' 7:45 8:45 p.m. CHOREOGRAPHY COMBO 11 yr. and up Company dancers will learn a new combination every week, typically contemporary or jazz styles. No class July 17'. Make-up class on August 28'th. Wednesday 3:00 4:00 p.m. TAP 12 yr. and up Fun class involving warm ups, exercises and routines that will cover basic, as well as new tap skills. Old styles and new styles of tap will be incorporated in the routines. Thursday 3:00 4:00 p.m. COMPANY ACRO Excel tumbling skills, through this intense acrobatics class. 4:00 5:00 p.m. BALLET & CLASSICAL TECHNIQUE D c c N V m am cn D O Z �a — c — N .�r N W d Emergency services and mobile crisis intervention providers Network Health Page 12 of 18 Phone: 508-334-3562 j 24-hour access: 1 866-549-2142 Fax: 508-856-1695 Community Health Link,Inc. j 24 hours a day, Community Crisis 7 days a week j Stabilization Program 72 Jaques Avenue ( { Thayer Building,2nd floor Worcester, MA 01610 ! i Phone: 508-860-1283 j 24-hour access: ' 866-549-2142 Fax: 508-856-1695 i j Northeast I Area: North Essex i 1 24-hour access number:866-523-1216 I i ESP: Health and Education Services(HES) Service locations Operating hours Citieshowns in area { � 4 I j HES 8 a.m. -8 p.m. Amesbury, Beverly, community-based Monday through Boxford, Danvers, location I Thursday Essex, j 8 a.m.-5 p.m. ! Georgetown, ! 60 Merrimack Street i Friday l Gloucester, Haverhill, MA 01830 - Groveland, j y Hamilton, Phone: 978-521-7777 Haverhill, 24-hour access: ! Ipswich, 800-281-3223 { Manchester by the Sea, Fax: 978-521-7767 ! Marblehead, Merrimac, Middlet— ----T—. —. - - — HES---__._____�.._—___,.._.._ 24 hours a day, 1 Newbury, community-based 7 days a week ! Newburyport, location Peabody, Rockport, Rowley, 41 Mason Street, Unit#4 Salem, Salisbury, Salem, MA 01970 j Topsfield,Wenham, and West Newbury Phone: 978-744-1585 { 24-hour access: I 866-523-1216 Fax: 978-744-1379 j ! ! { HES 24 hours a day, Salem Hospital - { 7 days a week j North Shore I i mhtml:file://C:\Users\Kelly\Documents\Complaint4lMasonSt\Hoursof0peration.mht 7/9/2012 0.7/03/12 13 :23 SALEM POLICE DEPARTMENT V5 .51) INCIDENT REPORT PAGE: 1 TTYR034 -742 shift.; C date_-07/02/12 MONDAY org/ls C 140 DISTURBANCE-GENERAL 21:21 * 41 MASON ST SAL **-rcv clr 645672 * BUSINESS OPEN AFTER HOURS 140 140 * ID #: 21954 62 Rept: WHITE, SILVANA 84 -74, 70./17/68 37 MASON SALEM,MA 01970 call-back# (9.78) 399-9341 *** UNIT(S) *** 26 * SAL P PTL VERRETTE d> 21:21 a> 84 -84 ** r' e> 21 :54 k.> h> COMMENTS *** 26 SAL 21 :21: 31 CD-140-BUSINESS OPEN AFTER HOURS 84 - 26 SAL 21: 54 : 38 CLEAR 84 26 SAL ON JULY 2, 2012 AT 9 :21 P.M. THIS OFFICER (VERRETTE) :DID 84 - 26 SAL RESPOND TO 37 MASON STREET FOR A COMPLAINT OF AFTER HOURS 102-102 26 SAL OPERATION'. UPON ARRIVAL THIS OFFICER SPOKE WITH THE 102- 26 SAL REPORTING PARTY; WHO STATED THAT THE BUSINESS LOCATED IN 102- 26 SAL THE REAR. OF 41 MASON STREET WAS OPERATING AFTER HOURS. 102- 26 SAL THE REPORTING PARTY STATED THAT NORTHEAST BEHAVIORAL 102- 26 SAL HEALTH WAS ONLY ALLOWED TO OPERATE TILL 6: 00 P.M. , AND 102- 26 SAL THAT THEY RUN TWENTY FOUR HOURS A DAY. SHE ALSO INDICATED 102- 26 SAL THAT SEVERAL OTHER COMPANIES IN AT BUILDING ALSO OPERATE 102- 26 SAL AFTER THE HOURS LIST ON THE BUILDING PERMIT. 26 SAL THIS OFFICER SPOKE WITH A ROBIN GAUTHIER AT NORTHEAST 102- 26 SAL BEHAVIORAL HEALTH, WHO DID STATED THAT THEIRBUSINESS WAS 102- 26 SAL A TWENTY FOUR HOUR OPERATION ALTHOUGH THEY WERE OPEN AT 102- 26 SAL THE TIME THIS OFFICER WAS ON SCENE; AND THERE WAS NO NOISE 102-102 26 SAL TO BE HEARD INSIDE, OR OUTSIDE AT THIS TIME. 102- 26 SAL THIS OFFICER INFORMED THE REPORTING PARTY THAT THE 1.02- 26 SAL EMPLOYEE OF NORTHEAST BEHAVIORAL HEALTH, INDICATED THEY 102- 26 SAL HAD A PERMIT FOR TWENTY FOUR HOUR OPERATION, BUT COULD NOT 102- 26 SAL LOCATED IT AT THIS TIME. THE REPORTING PARTY INDICATED 102- 26 SAL. SHE WOULD CHECK THE STATUS WITH SALEM CITY HALL. 1-02- -i iANTl Police I,eya tmeiii !;erords f icsi4sr: �io 95 Mat{o111 ShLf Salem, MA 01910 ----- --------------------------- --- d 7 h) -3- officer' s officer' s signature date CITY OF SALEM MASSACHUSETTS iia t Ix g BUILDING DEPARTMENT \` 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TYLOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 1, 2012 Bing Realty Trust Att. Stephen Haley-Trustee 43 Mason Street Salem Ma. 01970 R.E Zoning Decision-41 Mason Street Dear Mr. Haley, This Department has received complaints and has been copied the zoning decision for 41 Mason Street heard back on March 19,2003.In this petition,relief was granted to construct an addition to the rear of 41 Mason Street. Several Standard conditions were recorded as well as conditions#8,#9,#10 and#11. Condition#11 stated that the hours of operation shall be between 7:00 A.M. and 6:00 P.M. This condition is the subject of the complaint. Specifically the dance studio and the H.E.S group.. Therefore you are directed to cease and desist operations between the hours of 6:00 P.M and 7:00 A.M. If you feel you are aggrieved by my interpretation this order, your appeal is to the Salem Zoning Board of Appeals. Z ely IMC) Thomas St.Pierre cc. Att Robin Stein, Att. Mark Nestor COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT C.A20(2-2Z �2 NORTHEAST BEHAVIORAL ) HEALTH CORPORATION, ) Plaintiff, ) V. ) REBECCA CURRAN, ANNIE HARRIS, ) JAMIE METSCH, MIKE DUFFY and ) RICHARD DIONNE, as they are members of the ) Salem Zoning Board of Appeals, ) and not individually, and ) THOMAS ST. PIERRE, as he is ) Building Commissioner of the City of SALEM, ) and not individually. ), Defendants. ) COMPLAINT (MGL c. 40A 617 and MGL c. 231A 661 and 2) This action pursuant to MGL c. 40A s. 17 challenges the decision of Salem Zoning Board of Appeals to uphold certain "Cease and Desist'order issued by the Salem Building Inspector relative to the use of certain property at 41 Mason Street in Salem (hereinafter, the 'Property"). It also seeks to enjoin and to obtain a determination of the legality of the order and decision of the defendants, purportedly under authority of GL c. 40A and a certain variance issued pursuant thereto, to limit and restrict the use of the Property by limiting the plaintiff's hours of operation, I and a declaration pursuant to MGL c. 231A §§1 and 2 that a certain variance (the "Variance") which purports to limit the present use of the Property by the plaintiff is inapplicable to the Board of Appeals, and not individually; Jamie Metsch resides in Salem at 18 Oliver Street, Apartment 2. 7. The defendant Richard Dionne is named in his capacity as a member of the Salem Zoning Board of Appeals, and not individually; Richard Dionne resides in Salem at 23 Gardner Street. Jurisdiction 8. This Court has jurisdiction to hear this appeal of a decision of the Salem Zoning Board of Appeals pursuant to MGL c. 40A s. 17. This Court also has jurisdiction to make binding declarations of right, duty, status and other legal relations under municipal ordinances pursuant to MGL c. 231A ss. 1 and 2. Standine 9. The plaintiff is directly affected by the Inspector's order and by the decision of the Zoning Board of Appeals to uphold it. The plaintiff is aggrieved by the decisions of the Inspector and the ZBA as set forth herein. Timeliness 10. This action is timely, pursuant to MGL c. 40A s. 17, as it is commenced within 20 days after the decision of the Salem Zoning Board of Appeals was filed with the Salem City Clerk, on November 20, 2012. plaintiff s use pursuant to the provisions of the "Dover Amendment' (MGL C. 40A §3). A copy of the decision appealed from, certified by the Clerk of the City of Salem, is attached hereto as Exhibit "A". A copy of the Variance is attached hereto as Exhibit "B". Parties 1. The plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, ("NBH") (formerly named Health and Education Services, Inc.) is a non-profit educational corporation organized and existing under the provisions of Chapter 180 of the General Laws of the Commonwealth of Massachusetts: NBH leases a portion of the Property, which it uses entirely for non-profit educational purposes. 2. The defendant Thomas St. Pierre (hereinafter "Inspector") is named in his capacity as Building Inspector of and for the City of Salem, and not individually. 3. The defendant Rebecca Curran is named in her capacity as Chair of the Salem Zoning Board of Appeals, and not individually; Rebecca Curran resides in Salem at 14 Clifton Avenue. 4. The defendant Annie Harris is named in her capacity as a member of the Salem Zoning Board of Appeals, and not individually; Annie Harris resides in Salem at 28 Chestnut Street. 5. The defendant Michael Duffy is named in his capacity as a member of the Salem Zoning Board of Appeals, and not individually; Michael Duffy resides in Salem at 1 Warren Court. 6. The defendant Jamie Metsch is named in his capacity as a member of the Salem Zoning Facts 11. NBH is a nonprofit educational corporation organized under the laws of the Commonwealth of Massachusetts (a copy of the Restated Articles of Organization are attached hereto as Exhibit "C", and incorporated by reference herein), and duly qualified as a tax exempt organization under 26 USC 501(c)(3). 12. NBH Leases portions of the Property from David M. Walsh and Michael J. O'Brien, and has used and occupied those portions of the Property for its non-profit educational uses since in or about 2006. 13. NBH is engaged in the identification and correction through education (counseling and behavior modification) of behavioral problems, particularly problems relating to drag and alcohol abuse. 14. NBH uses the property for evaluation, stabilization and education of individuals with behavioral problems. 15. The nature of the issues with which NBH deals requires it to operate on a 24 hour daily basis. 16. Individuals are referred to NBH by police, medical providers, social agencies, family members and others in moments of behavioral crisis, which can occur at any time of day, and often do occur between the hours of 6;00 PM and 7:00 AM 17. NBH has been conducting its educational activities at the Property on a 24 hour daily basis since the inception of the leases, in or about 2006. 18. On or about August 1, 2012, the Inspector wrote to Stephen Haley, Trustee, owner of the Property directing that NBH (which the Inspector identified as the "H.E.S. group") "cease and desist operations between the hours of 6:00 PM and 7:00 AM"(A copy of the Inspector's Cease and Desist order is attached hereto as Exhibit "D"). 19. In and by the Cease and Desist Order, the Inspector stated that a certain Condition#11 of a [variance] decision of March 19, 2003 relating to the Property and a prior use, the hours of use of the Property were limited to the time between 7:OOAM and 6:00 PM. 20. On August 28, 2012, NBH appealed the Inspector's order to the defendant ZBA pursuant to GL c. 40A §§8, 14 and 15, and Section 9.3.2 of the Salem Zoning Ordinance (A copy of the Appeal is attached hereto as Exhibit "E"). 21. On November 7, 2012, the ZBA, after hearing, denied the plaintiffs appeal by decision filed with the Salem City Clerk on November 20, 2012 (Exhibit "A"). 22. The ZBA found that: "1. A condition placed on a variance from dimensional requirements restricted the hours of operation of all tenants in the building. This condition allowed for the expansion of the structure and without this condition, the building may not have been enlarged. The hour restrictions were a safeguard on dimensional control. "2. The Board does not make a finding as to whether Northeast Behavioral Health is an educational use entitled to protection under M.G.L. Chapter 40A §3. "3. The 2003 Variance's limitations were included to serve a municipal goal. Further there is ample evidence that this condition limiting hours of operation is necessary and such supporting evidence is on record, e.g. police reports presented to the Board and the testimony of neighbors." 23. Upon the findings recited above, the ZBA decided and ruled that: "On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five (5) in favor(Curran, Harris, Dionne, Duffy and Metsch) and none (0) opposed, to uphold the Cease and Desist order issued by the Building Commissionerrestricting the hours of operation of Northeast Behavioral Health Corp. at 41 Mason Street." 24. MGL c. 40A s. 3 (second paragraph, first sentence)provides, in pertinent part, that "No zoning ordinance or by-law shall... regulate or restrict the use of land or structures... for educational purposes on land owned or ]eased... by a nonprofit educational corporation; provided however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space,parking and building coverage requirements." (emphasis added). 25. The purported regulation and restriction of hours of use as directed by the Cease and Desist and as upheld by the ZBA is clearly erroneous, legally untenable, and in excess of the authority of the Inspector and the ZBA. Requests for Relief WHEREFORE, the Plaintiff respectfully requests that this Court: 1. Issue an order of notice to the Defendants to appear on shortened notice to show cause why the Cease and Desist order issued by the Defendant Building Commissioner should not be stayed pending the determination of this matter by the Court, and 2. After hearing on such notice as the Court shall prescribe, temporarily restrain and enjoin the Defendant Building Commissioner from'enforcing the Cease and Desist order until final judgment enters in this action, or such other time as the Court may determine, and 3. After hearing such evidence as the Court deems necessary and appropriate for its decision, enter an order annulling the decision of the Salem Zoning Board of Appeals to uphold the administrative decision of the Building Inspector regarding the plaintiff s use of the property, and 4. Permanently enjoin and restrain the defendant Inspector from limiting or interfering And with the use of the property by the plaintiff under authority of GL c. 40A, 5. Enter a declaration that the conditions of the Variance, and particularly those conditions which would in any way purport to limit or restrict the use of the Property by the plaintiff for non-profit educational purposes, are irrelevant and inapplicable to the plaintiff and its use and occupancy of the Property, And 6. Grant such other relief as the Court deems to be appropriate under the circumstances of this case. The Plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, By its attorneys, t � Marshall J. Handly BBO#219580 HANDLY& COX, P.C. 9 Abbott Street Beverly, MA 01915 (978) 921-5544 FAX: 921-6655 CITY oil S.v,F-�m NLSSACHUSETTS BOARD 01; k1lPF, ki zs N, A� 7;5�CA411NE :'1-,V-611) (h8i I E2 C> November 20, lo I I Decision ('it, of Salem Zoning Board of.\ppc;ils Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a Cease and Desist order of the Building Inspector for the property located at 41 MASON STREET public hearing on the above petition %%:IS OPOICLI on November -, 2M2 pUrsuatir roMass (;ciicnii I.:i%x, Ch. 40A, ci 11. '1 lie hearing %V:I.S closed on November -. 2012 lk itli the (tollokkill, Z()Ilillg Bomd of-\plicalsmemberspresctit: Rebecca Cueran (Chafe), -Annie hfarris, Alichacl Duff,, gamic A(c ch, Richard Dionne, and jimmv *1 sirsitios (:jjrcj-II:jtc). Petitioner seeks '.111administrative :tl)pc:iI Of:] Ccasemid Desist order of the litlllklillg Commissioner. Statements of fact: 1. 011 Malcli 19, 200.3, the Zoning of,\Ijpe;Ils issIltd ,l \ ittimice for the properry locoed itt 41 '\hson Street, in the lridusrrml /Ojiiiig District. gnmring, clinicilmollal relief to allow for :Ili fiddiri011 orm.) tile UXIStillg I)LiiiLiillg on tll:lt 111"Peln- '1lie \ :111:111CC ICS(AiCtUd IloLII-S Of operation of the businesses on tile premises to 7:011 a.m. to (0)0 2.' In :t letter dated NLIgUSt 1, 2012, BLUILI'll'.' ('O"I'llissiolle" I liolm's Sr. Pierre ordered mo I)LISIIICSSCS Opentring :it 41 M:isoii Strect, -1 diiicc Studio and 111 IS (;roup, to ce:1sc. oI)cj-:jtio;I I)M%'ccll the hours Of 6:00 p.m. :iilcl -,:ou 11.111. .1 Ina IlCritioll LIMU-Snjlljllcd ScI)tc111hCj- 21, 2012, j­)cH I llollUr zippc;iled tl)c (1c;ISt :11141 1)csisl ord(2I' dared .\tJgLNt 1, 2011. 4. Artortic.\ \j:jnji:tjI j. I 11,I]LI IN I C11 I CS(-11 r42d r I iv lictiti( Tl ci :i r I I i c I iL it,;I 1g. 5. \r tile hewing and in tllL' IlUrmoii, \rtorne\ f Sr;'rC(l ""r tile tlt-ClSioll S1111111LI be m crtumcd I)CCiILIS(: tile LISC :[tic] ojjCj:jtiorl Of tile Sllacc luuccl be \orille:lst Behavioral 1-1c:11111 Gtrll-ritioii ("M M") were c.\tljjpt Floill zoning ander the pro\ Simis OC.\I.(; I.. Cli:iprcr 40.\ -13, since NI Ili is ;I zion-plofir cdurati mal corp nation. �Ccri,w I plovak" ill EXHIBIT reIeN:tilt part, rhat "No zoning I-rdinancc oc br-I:rn� shall _. prohibit, res;ulate ur rest-ict the use of 1:111d or strucn¢es fur teligious purpnscs or -.. I vt by it nonprofit CduC:Itlol I:I] corporation: provided, IIo%VCVCl-, that such lane) or structures mar he subject t. 1'C(15Unahlt rcgularions cnnccrning the bulk and height of Sri uctttues and determinin,, Wird size., loruca, scrbacks, then space, parking and building cul cra c rcyuiremenn. G. At the hearing, .Attorney Handhstated that rile hours I of operation Acre critical it NI Ill's cducarionzl mission. 7. -Ar the hearing, stk Lind residents spoke in support of upholding the (:case :tilt[ Desist order, citing disruptions to rile neighborhood from noise, police calls, tr.tffic, lack of parkin," and rrash. I he Board also received topics of police reports and neo letters from rtsidcnrs supporting upholding the order. No residenr spoke against upholding rhe order. I he Board of.Appeals, after careful considertlrion of the evidence presented. w rile public he:triq.g, and after thorough review of the petition submitted, makes the follorringg findings: I \ condition placed on a variance from dimensional reyuireutcnts restricted rhe hours of operarion of all tenants in rile building. This condirion allowed for rile cxpansil n of rile svucrurc and without this condition, rile building mac not have been enlarged. Che hour restrictions weir a safeguard on dimensional control. 3. 1 he Board does not make a Ending as to whether Northeast lichai ioral I Icalrh is :u1 educational use entitled to protection under M.G.L. Chapter 40:A ::;. 3. 'file 2003 Variance's limitations Acre included to SCI-XC a nwnicipal ,Anal. I:urther, there is ample evidence that this condition limiting hours of operation is necessary and such supporting evidence is of record, e.g. police reports presented to, the Board and rhe testimony of neighbors. On the basis of rile abovi• findings of flet and all evidence presenred 'at the public hcu:in4 induding1, hilt nor hmitcd to, rile flans, t)ocumenrs and testimony, the Luning 1io.urd of-Appeals v(!tecl tiro f51 III favor ([:urian, Harris, Dionne, Duffy mud \lersch) and none (1)1 oppoxd.'ro uphold rhe (.east pod Desist orcicr issued In rile Building Commissioner restricting rile hours of uperarion of Nornccasr BChaylVr:tl I Icalth Corp. at d 1 Mason Street. RCbccca Ill 1:111, Chair S:1Icm Bo:n-d of .Appeals \ (J )P`1 W 'IIIIS DI?CIV( )N HAS BI:IiN 1 11.I ;D \C f111 1111. I'1_ANNING GO.ARI ) .A\I) I III: (111 Y (:I.I?Rh \ppcal Flom this decision, if any, shall he made parsu:lnt ro Section 1- of tilt \lassachusetts General Ampter 40A, and shall he filed within ?U d:ns of filing (of rhis decision in rile office of rile t:in (Acrk. 1'ausu:utt Too rile \1:15SaehUsettS General 1 m\ Chaptcr 400, kerion 11, the V:Iilancc or `pccial Y ' Permit grmrrecl herein ,hall noir take effect until :1 a)l)c of the decisi()jj bearing the cc tificairc of the CinClerk has hccn tiled %cirh the I: j c^ CITY OF SALEM, MASSACHUSM IIIIIII"��I�IIIIIIIIIIIIIIIII�IIIIIIIIIII BOARD OF APPEAL 2003050500146 800739 Pg;i 1 20 WASHINGTON STREET. 3RD FLOOR OS/05/2003 09:30:00 OTHER v0 113 .., :,.�,�Ta�. SnLErn. MA 01970 Trve �-. TF-1 19781 745-9595 FAN: 1978, 740-9846 100114AR- 2l ,A I� 4 I 'STANLEY J. USOVICZ. JR, MAYOR DECISION OF THE PETITION OF STEPHEN W. HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Nicholas Helices, Stephen Harris, Bonnie Belier and Joseph Barbeau. Notice of the hearing was sent to abutte/s and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A The petitioner is requesting Variances from side and rear setbacks, parking and density requirements to construct an addition for the property located at 41 Mason Street located in an I zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner Stephen Haley owns and operates Crown Auto Supply, a wholesale auto parts business located at 45 Mason Street adjacent to the subject property. Several other businesses also; operate at the 45 Mason Street property, and Mr. Haley currently holds a license to offers used cars for sale at 43 Mason Street. 2. Petitioner seeks to renovate a former tannery building at 41 Mason Street for commercial and light industrial use. The existing structure is nonconforming as to minimum lot area, frontage front and side yard setbacks, and it does not offer sufficient off street parking to meet the requirements of the ordinance for commercial or industrial use. 3. Architect Richard Griffin of 37 Turner Street, Salem, detailed the proposed renovation. A three story wood slru(.ture at the Mason St. property line is unsound and it will be demolished A single story brick structure behind the wood EXHIBI I) 2003050500746 8;20739 pg;g 06/05/2003 09:30:00 OTHER Pp 3/3 DECISION OF THE PETITION OF STEPHEN HALELY REQUESTING A ufFlr E A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET i page two 'so,MA structure has been gutted and cleaned: it has been determined to be free of contamination arising from its former use. Mr. Haley proposes to construct commercial offices within the existing walls of the brick building and to create a new single story addition on the southeast corner of the property. The new space will be used for his existing business and for other commercial uses consistent with the business now operating in the adjacent properties. The new addition will have a 2- foot setback and a rear setback of 2 feet. The new space will be used for this existing business and for other commercial uses consistent with businesses now operating in the adjacent properties. 4. Ward 5 City Councillor Mike Bencal reported that Mr. Haley met with neighbors in July 2002 to explain the project, and that the neighborhood was in favor of granting The variances. Eric Easley of 35 also voiced support for Mr. Haley's project Mason Street and Arthur Parent of 39 Mason Street. On the basis of the above findings of fact, and on. the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. . 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Inspection. i FEDERAL IDENTIFICATION No. 04-2777145 i Abe (�omtnonlvea(th of �as'gacfjus'etts WIlliam Francis Galvin / Secretary of the Commonwealth I (� One Ashburton Place,Boston,Massachusetts 02108-1512 U RESTATED ARTICLES OF ORGANIZATION {General Laws, Chapter 180,Section 7) 0 `� Name /rt Approved v We -Kevin Notion ,'President/WP1F%M*XAJU and William Donaldson .'Clerk/SllCsTBKdSfC0=, of Northeast Behavioral Health Corporation (Exact mune of corporation) located at 131 Rantoul Street, Beverly, MA 01915 (Street address of corporation in hfassachtiselts) do hereby certify that the following Restatement of the Articles of Organization was duly adopted at a meeting held on April 9 -.20 12 ,by a vote of: 1 membcrX directors,or shareholders", C]Being at least two-thirds of the members or directors legally qualified to vote in meetings of the corpora• tion where there is no amendment to the Articles of Organization;OR a Being at least two-thirds of its members legally qualified to vote in meetings of the corporation where there is an amendment to the Articles of Organization;OR Being at least two-thirds of its directors where there are no members pursuant to General Iaws,Chapter 180,Section 3 and there is an amendment to the Articles of Organization;OR ❑in the case of a corporation having capital stock,by the holders of at least two-thirds of the capital stock C ❑ having the right to vote therein where there is an amendment to the Articles of Organization. P ❑ M ❑ R.A. ❑ - 10� diene!¢the ll onebar that dx app•*C),l et hely role bar Ilial appllpi Nate:(f the space provided under any article or hem on Ibis form is inst0dent,atlditions shall be sel fort),on one side only PC. of separate 8111 X if sheets of paper tvitb a tep margin of nl Ieasl I Inch.Additions to more than one article may be made on a single sbeel as long as eacb article requiring each addition isG4arly IndiicL c�carttd efiC UIL !(i� un nso DECISION OF THE PETITION OF STEPHEN HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I page three 7. Petitioner shall obtain approval from any City Board or Commission havinn jurisdiction including but not limited to the Planning Board. 8. No neon signs are to be used. 2003050500746 BOOM Pg;8 05105/2003 08:30:00 OTHER Pp 2/3 9. There shall be no outside storage. I c- 10. There shall be no automotive repairs. c. C—) 11. Hours of operation shall be between 7:00 a.m. and 6:00 p.m. -J or D �3 VARIANCE GRANTED m G 3 MARCH 19, 2003 z v i \ /lir✓ L 0-?Ot7M- \ Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A. Section 11. The Variance or Special Permit granted herein Shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and rioted on :he owner's Certificate of Title. Board of Appeal a APR 2 3 2003 I hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed In this office. A True Copyd(�/� ATTEST_CITY CLERK, Salem, Mass. ARTICLE I The come of the corporation is: Northeast Behavioral Health Corporation ARTICLE II The purpose of the corporation is to engage in the fallowing activities: Please see attached rider. ARTICLE III A corporation may have one or more classes of members. If it does,the designation of such classes,the manner of election or appointments,the duration of membership and the qualification and rights,including voting rights,of the members of each class,may be set forth in the by-laws of the corporation or may be set forth below: Please see attached rider. ARTICLE IV "Other lawful provisions,if any,for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution,or for limiting,defining,or regulating the powers of the corporation,or of its directors or members, or of any class of members,are as follows: Please see attached rider. I I i ""fJtbere'are no provisions,stale"A'one Note:The precedbss four(4)articles arc considered to be permanenl and may ONLY be cbnnsed by fllfns approprlale Artfcfes o rAmendmenl. �Fje �om>!nottivealtfj of �ass�tchuset.ts William Francis Galvin Secretary of the Commonwealth One Ashburton Place,Boston, Massachusetts 02108-1512 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE II The purpose of the corporation is to engage in the following activities: 'The Corporation is organized and shall be operated exclusively for charitable and educational purposes within the meaning of Section 501(c)(3)of the Internal Revenue Code of 1986, as amended,and in this connection to own, manage and operate outpatient and residential facilities for the general provision of healthcare, disease management and the treatment of behavioral,mental health, substance abuse and related disorders or conditions; provide support services including but not limited to shelters and other residential and school based programs for men, women,youths, children and families affected by mental, behavioral or other health conditions; engage in or support counseling,outreach, individual and community education and research concerning health and disease management,mental or behavioral health and related disorders; provide financial and other support to facilities and organizations engaged in the treatment of those afflicted with behavioral, and mental health related disorders or other health conditions;engage in research, education or community activities intended to support those so afflicted or their families and engage in the performance of development, community relations and volunteer activities,the sponsorship and development of programs and activities which are charitable, scientific or educational in nature and which address the physical or mental health needs of the community at large, and all activities directly or indirectly related to the foregoing. In furtherance of the foregoing purposes, and subject to the Bylaws as the same may be amended from time to time,the Corporation shall have the following powers: (a) to purchase, receive,take by grant, gift,devise, bequest or otherwise, lease, or otherwise acquire,own,hold, improve,employ, use and otherwise deal in and with,real or personal property, or any interest therein, wherever situated; (b) to sell, convey,build,own,lease, exchange, transfer or otherwise dispose of,or mortgage,pledge,encumber or create a security interest in, all or any of its property,or any interest therein, wherever situated; (c) to purchase, take,receive,subscribe for, of otherwise acquire, own, hold, vote, employ,dispose of,mortgage,pledge, use and otherwise deal in and with, bonds and other obligations,shares,or other securities or interests issued by others, Rider to Restated Articles of Organization of - Northeast Behavioral Health Corporation whether engaged in similar or different business, governmental, or other activities; (d) to make contracts, give guarantees and incur liabilities,borrow money at such rates of interest as the Corporation may determine; issue its notes, bonds and other obligations,and secure any of its obligations by mortgage,pledge or encumbrance of, or security interest in,all or any of its property or any interest therein,wherever situated; (e) to lend money,invest and reinvest its funds,and take and hold real and personal property as security for the repayment of funds so loaned or invested; (f) to make donations or contributions only for religious,charitable, scientific, literary or educational purposes; and (g) to have and exercise all powers necessary or convenient to effect any or all of the purposes for which the Corporation is formed; provided, however, that no such power shall be exercised in a manner inconsistent with Massachusetts General Laws, Chapter 180,or the General Laws of the Commonwealth, or Section 501(c)(3)of the Internal Revenue Code as now in force or as hereafter amended. ARTICLE III A corporation may have one or more classes of members.If it does, the designation of such classes, the manner of election or appointments,the duration of membership and the qualification and rights, including voting rights, of the members of each class,may be set forth in the by-laws of the corporation or may be set forth below; The sole member of the Corporation shall be Northeast Health System, Inc. (the"Sole Member"). The Sole Member shall have the right to exercise all powers conferred on members of non-profit corporations under Massachusetts General Laws Chapter 180, including, without limitation,powers with respect to the following: (a)amendment of these Restated Articles of Organization; (b)the sale,lease, exchange or other disposition of all or substantially all of the Corporation's property and assets;(c) the merger or consolidation of the Corporation with another corporation; (d)approval of the Corporation's actions as the sole corporate member of its affiliates; and(e)such other powers as set forth in the Bylaws of the Corporation.The manner of election or appointment, the duration of membership and the qualification and other rights of the Sole Member shall be set forth in the Bylaws of the Corporation. 2 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE IV Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation,or of its directors or members,or of any class of members, are as follows: 4.1 The Corporation shall have in furtherance of its corporate purposes all of the powers specified in Section 6 of Chapter 180 and in Sections 9 and 9A of Chapter 156B of the Massachusetts General Laws(except those provided in paragraph(m) of said Section 9)as now in force or as hereafter amended,and may carry on any operation or activity referred to in Article 2 to the same extent as might an individual, either alone or in ajoint venture or other arrangement with others,or through a wholly or partly owned or controlled corporation; rop vided, however, that no such power shall be exercised in a manner inconsistent with said Chapter 180 or any other chapter of the Massachusetts General Laws or inconsistent with the exemption from federal income tax to which the Corporation shall be entitled under Section 501(c)(3)of the Internal Revenue Code. 4.2 The Trustees may make, amend or repeal the Bylaws in whole or in part subject to the approval of the Sole Member and the Sole Member may make,amend or repeal the Bylaws in whole or in part on its own initiative. 4.3 Meetings of the Sole Member and meetings of the Trustees(and meetings of any committees elected or appointed by the Trustees) may be held anywhere in the United States. 4.4 The Corporation shall,to the extent legally permissible and in accordance with the Bylaws as the same may be amended from time to time,protect the Trustees and officers of the Corporation and members of Committees established by the Board of Trustees of the Corporation against personal liability for any debt, liability, or obligation of the Corporation. 4.5 The Corporation shall, to the extent legally permissible and in accordance with the Bylaws as the same may be amended from time to time, indemnify the Sole Member as well as each person who is serving,or who has served at any time(i) as a Trustee or officer of the Corporation or of any of its affiliates,(ii)as a member of a committee established by the Board of Trustees of the Corporation or of any of its affiliates, (iii)as an employee of the Corporation, or(iv)at the Corporation's request as a member, trustee or officer of another organization or in a capacity with respect to any employee benefit plan of the Corporation. 4.6 (a) No person shall be disqualified from holding any office by reason of any. interest. In the absence of fraud, any Trustee,officer or member of this Corporation, or any concern in which any such Trustee, officer,or member has any interest,may be a party to,or may be pecuniarily or otherwise interested in, 3 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation any contract,act or other transaction(collectively called a"transaction") of this Corporation, and (1) such transaction shall not be in any way invalidated or otherwise affected by that fact; and (2) no such Trustee,officer,member or concern shall be liable to account to this Corporation for any profit or benefit realized through any such transaction; provided,howeverthat such transaction either was fair at the time it was entered into or is authorized or ratified either(i)by a majority of the Trustees who are not so interested and to whom the nature of such interest has been disclosed; or(ii)by vote of the Sole Member at any meeting of the Sole Member or meeting of the Trustees the notice of which,or an accompanying statement, summarizes the nature of the transaction and such interest. No interested Trustee of this Corporation may vote or may be counted in determining the existence of a quorum at any meeting at which such transaction shall be authorized,but may, at the request of the Board of Trustees of the Corporation,participate in discussion thereof. (b) For purposes of this Section 4.6, the term "interest"shall include personal interest, interest of a family member, and interest as a trustee, director, officer,stockholder,shareholder, overseer,member or beneficiary of any concern; and the tetra "concern"shall mean any corporation, association, trust,partnership,firm,person or other entity other than this Corporation. (c) No transaction shall be voided by reason of any provisions of this Section 4.6 which would be valid but for such provisions.. 4.7 No part of the assets or net earnings of the Corporation shall inure to the benefit of any member, officer or Trustee of the Corporation or any individual; no substantial part of the activities of the Corporation shall be the carrying on of propaganda,or otherwise attempting, to influence legislation except to the extent permitted by Section 501(h)of the Internal Revenue Code;and the Corporation shall not participate in,or intervene in(including the publishing or distributing of statements),any political campaign on behalf of(or in opposition to)any candidate for public office. It is intended that the Corporation shall be entitled to exemption from federal income talc under Section 501(c)(3)of the Internal Revenue Code and shall not be a private foundation under Section 509(a)of the Internal Revenue Code. 4.8 If and so long as the Corporation is a private foundation(as that term is defined in Section 509 of the Internal Revenue Code),then notwithstanding any other provisions of the Articles of Organization or the Bylaws of the Corporation,the following provisions shall apply: 4 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation (a) the income of the Corporation for each taxable year shall be distributed at such time and in such manner as not to subject the Corporation to the tax on undistributed income imposed by Section 4942 of the lntemal Revenue Code,and (b) the Corporation shall not engage in any act of self dealing (as defined in Section 4941(d)of the Intemal Revenue Code), nor retain any excess business holdings(as defined in Section 4943(c)of the Internal Revenue Code), not make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Internal Revenue Code,nor make any taxable expenditures (as defined in Section 4945(d)of the Internal Revenue Code). 4.9 Upon the liquidation or dissolution of the Corporation, after payment of all of the liabilities of the Corporation or due provision therefor,all of the assets of the Corporation shall be disposed of to Lahey Health System,Inc.or Northeast Health System, Inc., both of which are Massachusetts non-profit corporations,so long as either entity is then exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code,or if either entity is not then so exempt, to one or more organizations exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code. 4.10 The Corporation shall not discriminate in administering its policies and programs or in the employment of its personnel on the basis of race,color, religion,national or ethnic origin, sex, handicap or otherwise. 4.11 All references herein: (i)to the Internal Revenue Code shall be deemed to refer to the Internal Revenue Code of 1986, as now in force or hereafter amended; (ii)to the General Laws of The Commonwealth of Massachusetts,or any chapter thereof,shall be deemed to refer to said General Laws or chapter as now in force or hereafter amended; and(iii)to particular sections of the Internal Revenue Code or said General Laws shall be deemed to refer to similar or successor provisions hereafter adopted. I 5 I ARTICLE V The eftectiJe date of the Rotated Articles of Organization of the corporation shall be the date approved and filed by the Sec• retary of the Commonwealth.If a later effective date is desired,specify such date which shall not be more than thirty days after the dale of filing. May 1,2012 ARTICLE VI The information contained in Article VI is not a permanent part of the Articles of Organization. a.'rhe street address(post Office boxes are not acceptable)of the principal office of the corporation in Ala.ccacbrlserrs is: 131 Rantoul Street,Beverly, MA 01915 - - b.The name,residential address and post office address of each director and officer of the corporation is as follows: NAME President: RESIDENTIALADDRESS POST OFFICE ADDRESS Please see attached rider. Treasurer: Clerk: Directors: Please see attached rider. (or officers having the powers of directors) c.The fiscal year of the corporation shall end on the last day of the month of. June ,it.The name and business address of the resident agent,if any,of the corporation is: N/A **We further certify that the foregoing Restated Articles of Organization affect no amendments to the Articles of Organization of the corporation as heretofore amended,except amendments to the following articles. Briefly describe amendments below: Articles II, III & IV have been amended and restated in their entirety to read as set forth in the attached rider. SIGNED UNDER TIIC PENALTIES OF PEFJUR is D-/ day of April 12 .20 • Kt.vm Norton,'President/0udd0Pb}lyM(Aj, A William Donaldson.'Clerk/ AXt1%X-MKI(7It. •!klerr lin•InappllnrMr lunr4. •`/ffben•am an such amcwdmene,jlorr'Nnne. Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE VI b. The officers of the corporation are: Name Position Address Vincent Martelli Chair 35 Ruby Avenue, Marblehead, MA 01945 Kevin Norton President 46 Monmouth Street,Boston, MA 0?128 Denis Convoy Treasurer 96 Woodlawn Avenue, Wellesley, MA 02481 Joseph Porcello Assistant Treasurer 85 Herrick Street, Beverly, MA 01915 William Donaldson Clerk 54 Ledge Road, Gloucester,MA 01930 Maryellen Lear Assistant Clerk 85 Herrick Street, Beverly, MA 01915 b. The directors of the corporation are: Name Address Kate Barrand 25 Thoreau Circle, Beverly,MA 01915 Gregory Bazylewicz, M.D. 9 Sky Top Drive, Manchester, MA 01944 Jeff Bistrong 21 Forster Road, Manchester,MA 01944 George Burke 7 Ray Street,Beverly, MA 01915 Steven Defossez,M.D. (ex-officio) 85 Herrick Street, Beverly, MA 01915 David DiChiara, M.D. 4 Treetops Lane, Danvers, MA 01923 Charles Favazzo 644 Bay Road, Hamilton, MA 01936 Charles Furlong 19 Ocean Street, Manchester, MA 01944 Tom Grant 868 Hale Street, Beverly,MA 01915 Joseph Haley 75 Paine Avenue, Prides Crossing, MA 01965 Kenneth Hanover(ex-officio) 54 Autumn Lane, Hamilton, MA 01982 Robert Irwin 2 Sagamore Road, Ipswich,MA 01938 Vincent Martelli,Jr. 35 Ruby Avenue,Marblehead, MA 01945 Paul McConnell 8 Clipper Way,Marblehead,MA 01944 Marc Meiches 43 Paine Avenue, Prides Crossing, MA 01965 Kurt Melden 42 Masconomo Street, Manchester,MA 01944 Paul Muniz 13 Brightside Avenue, Gloucester, MA 01930 Hugh O'Flynn, M.D. 18 Longmeadow Drive, Ipswich, MA 01938 Augustine O'Keeffe, M.D. 14 Boardman Avenue, Manchester, MA 01944 Nancy Palmer 9 Buttonwood Lane, Danvers,MA 01923 Jagruti Patel,M.D. 144 Grapevine Road, Wenham,MA 01984 Robert Rives 39 Forest Street,Manchester,MA 01944 A. Heaton Robertson 340 Bridge Street, S. Hamilton, MA 01982 Michael Ruane 31 William Fairfield Drive, Wenham, MA 01984 Michael Shea 1 Lee Way, Rockport, MA 01966 David St. Laurent One Virginia Place, Wenham, MA 01982 6 THE COMMOMVEALTH OF MASSACHusms RESTATED ARTICLES OF ORGANIZATION (General laws,Chapter 180,Section 7) 3 �6 -7 1 hereby approve the within Restated ccArticllIes of Organization and, the filing fee in the amount of$ te2having bec aid,said articles arc 97ncd to have bcco filed wish me this ay of •• .21ir Fffectloe Date:_M�h l -24)1-L WILLIAM FRANCIS GALVIN Seartarp of the Commonwealth ry c7 :7oL9 -7 N (� n� ^J -VZo y.7 U y Cc:q w �_y TO BE FILLED IN BY CORPORATION ? O1 Contact information: ~ Patrick Healy, Esq. McDermott, Will & Emery LLP 28 State Street, Boston, MA 02109 'telephone: 617-535-3837 Email; phealy@mwe.com A copy this filing will be available on-line at www.state.rna.us/sec/cor once the document is filed. QTY OF SALEM, MASSACHUSETTS 3 : � BUILDING DEPART&sNT S 120 NVASHNGTON STREET,3P°FLOOR TEL. (978) 745-9595 FAX(978)940.9846 KIMBERLEY DRIS�I.L MAYOR THOMAS ST.PIERRE DIRE CPOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 1,2012 Bing-Realty Trust . Att, Stephen Haley-Trustee 43 Mason Street Salem Ma. 01970 R.E Zoning Decision-41 Mason Street Dear Mr.Haley,This Department has received complaints and has been copied the zoning decision for 41 r Mason Street heard back on March 19,2003.In this petition,relief was granted to construct an addition to the a rear of 41 Mason Street. Several Standard conditions were recorded as well as conditions#8,#9,#10 and #11. t Condition#11 stated that the hours of operation shall be between 7:00 A.M. and 6:00 P.M.This condition is the subject of the complaint. Specifically the dance studio and the H.E.S group..Therefore you are directed to cease and desist operations between the hours of 6:00 P.M and 7:00 A.M. If you feel you are aggrieved by my interpretation this order,your appeal is to the Salem Zoning Board of Appeals. Si erely Thomas St.Pierre cc. Att Robin Stein, Att. Mark Nestor TL3T Cox, pc. A iland Cada S. G,\ August 2S, 2012 City Of Salem Zoning Board of Anneals co Thomas St. Pierre, Building Inspector c/o Salem City Clerk, Cheryl A. Lapointe City Hall -93 Washington Street Salem, MA 01970 C:) Re: Appeal frau Order of Building Inspector Thomas St. Pierre, regarding Cease and Desist 41 Mason Street, Hours of Operation Dear Honorable Board: Pursuant to GL c. 40A §§ S, 14 and 15, and Section 9.3.2 of the Salem Zoning Ordinance, Northeast Behavioral Health Corporation (f/k/a Health and Education Services Inc* hereby appeals the Cease and Desist order of Building Inspector Thomas St. Pierre dated Services, 1, 2012 (a copy of which is attached hereto as Exhibit "A"). A. NATURE OF THE APPEAL This is an appeal of Mr. St. Pierre's Cease and desist order Only as applied to the operations of Northeast Behavioral Health Corporation ("NBH"). Nlr. St. PieYrCs decision Should be overturned because the use and operation of the space ]eased by Northeast Behavioral Health Corporation, a non-profit educational corporation organized under the laws of the Commonwealth Of Massachusetts, are exempt from zoning under the provisions of GL c. 40A §3, and because the cease and desist order as applied to the use and operation of the property t 41 Mason Street by NBH is in excess of the legal authority of the Building Inspector. a B. BACKGROUND The property in question is a commercial building with multiple tenants, one of which, NBH, is a non profit charitable and educational corporation within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986, and recon ized as such by the Commonwealth of Massachusetts(See exhibits"B" and "C", attached hereto). GL c. 40A §3 provides, in pertinent part, that "No zoning Ordinance or by-law shall regulate or restrict the use of land or structures for... educational purposes on land owned or ]eased... by a nonprofit educational corporation; provided, however, that such land or structures City of Salem Zoning Board of Appeals August 28, 2012 Page 2 - may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building requirements." C. DISCUSSION Mr. St. Pierre's Cease and Desist order relates to a provision in a variance granted to the owner of the.property at 41 Mason Street. Subsequent to the issuance of the variance, a portion of the property was occupied by NBH and used by NBH for its educational purposes. The authority of the City of Salem to regulate or restrict the use of land or structures for educational purposes on land leased by a nonprofit educational corporation is limited to "reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building requirements". This limitation of authority is expressly recognized and codified in Section 6.5 of the Salem Ordinance which provides, in pertinent part, that "No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or structures for ... educational purposes on land owned or leased by ... a nonprofit educational corporation; provided, however, that such land or structures must comply with all requirements of the Zoning Ordinance concerning the bulk and height of structures, yard size, lot z area, setbacks, open space, parking and building coverage requirem which it is located." ents of the zoning district in:, Inasmuch as the Cease and Desist order relates to hours of operation, it is not within the limited scope of requirements applicable to nonprofit educational uses, and is beyond the authority of the Building Inspector under the Zoning Ordinance and un c. 40A. der the provisions of GL D. REQUESTED RELIEF For the reasons set forth above, NBH respectfully requests that you Overturn Mr. St. Pierre's cease and desist order as applies to NBH. Respectfully, Northeast Behavioral Health Corporation By its Attorneys, Marshall J. Handly HANDLY & COX, P.C. 6 . MJH:bsr.wp QTY OF SALEM, MAS (I-1LJ,SETTS BUILDINGDEPAR•1,,MMr 120%SIiINGTON STREET,3m FLOOR KIMBERLEYDRISOOLL TEL- (978)745-9595 MAYOR FAX(978)740-9846 DIRE CTOR OF PUDLI C PROPERTY/E EIRE LDING COb4,9SSIONER August 1, 2012 R4ngRealty Trust . Att.Stephen HaleyTrustee 43 Mason Street ---- Salem Ma. 01970 RAE Zoning Decision-41 Mason Street Dear Mr. Haley, This Department has received complaints and has been copied the zoning decision for 41 Mason Street heard back e March Standard on 'his petition , relief was granted to construct an addition to the rear it of Mason Street' Several Standard conditions were recorded as well as conditions f/$,f79 x10 and k'11, t Condition til 1 stated that the hours of operation shall be between 7:00 A, s subject d dis the complaint. Specifically the dance studio and the ]i.E.S group.' cease and desist opel:Mions between the hours of 6:00 P.M and "'E-S gr M, and Therefore P.M. This condition is the 8 p.. Therefore you are directed to Ifyou feel You are aggrieved by my interpre Appeals. tation this order, yourappeaj is to the Salem Zoning Board of Thomas St.Picrre " cc. Alt Robin Stein, All. Mark Nestor EXHIBIT FEDERAL"OU71 1CATION No. 04-27771_ 45 aminer Abe CGomilia 11 vealtb of lassaol�c�sett5 William Francis Galvin secrct3rY of OncAshburcon Place,Boston,n,A assae1 huscrts02108-1512 0�2 I RESTATED ARnCLES OF ORGANIZA77ON � {3 —�L— (General Irws: Ch peer 180, Section 7) 1_` Name`" D Approved G M we, Kevin Norton G ,'President/%yXyxaa&U and William Donaldson 'Clerk/ sYsy.J1KCYlYdt of Northeast Behavioral Health Corporation (tt'ucl nnnte uj c'urpururion) located at 131 Rantoul Street, Beverly, MA 01915 (J'Ireel address 0jcurpura/iun in Iftissacbuseiis) do hereby emit)•that the following Restatement of the Articles of Organization was duly adopted at a meeting Held on April ,20 12_61•a vote Of. 1 . mcmbcr� directors,or sharcholdcrs••, Being at least two-thirds of the members or directors legally qualified to rote in meetings tion where there is no amendment to the Articles of Organization;OR g s of the Corpora. Being at least two-thirds orits members legally qualified to vote in meetings of the corporation there is an amendment to the Articles of Organization;OR where ED Being at least two-thirds of its directors whcra tbcre arc no members pursuant to General Laws, Chapter 180,Scclion 3 and there is an amendment to the Articles of Organization;OR C 0 In the case of a corporation having capital stock,by the holders of m least two-thirds having the right to vote therein where there is an amendment to theArticics of Organizalion.p�tal stock M H.A. EXHIBIT �> I/ \ 'rk/rlerhe/Y One(b"I/uarr/t "Cbrc4 only mm brae!/u!upp//rr. P.C. Of$MSte lar 8!/7 r U abeer,o/P^P ullbla left marg/nl If,,1"'Islrincb.Addhlwta to o.ore Ilan one janb mny 6e made on o shigle,heel as long as Barb anlek regalrlag eaeb�ddlllon $ learly ',Ad rdarldhlon,,Lahr be set Jonb on one side 9 /z9 //9p ARTICLE 1 The name orthe corporation is: Northeast Behavioral Health Corporation ARTICLE 11 i The purpose of the corporation is io engage in the following activities: Please see attached rider. ARTICL II A corporation may have one or more classes o!members- If it does, the the designation of such classes, the manner of election or appointments, the duration of membership and the qualification and rights, including vo/ing rights,of the members of each Class..may be set forth in the by-laws of the corporation or may be set forth below: Please see attached rider. ART CLE IV "Other lawful provisions,if any, affairs of qct corporation,!or its for the conduct and regulation Of the business and voluntary dissolution, for iicing,defining,or regulating the owthe corporation, or of its directors or members, or of any class of members, aree n• as follos: pers of Please see attached rider. I i "!J lhf•rr arr nu praofifans.stale'A'onrl Note:The prrcednig four(9)nrt1cre,,ore ronaldered(o br Perea.nenf and may O.\q Ybe[ban ged 6yfJ/lab aPProprlale Ar(/rlb oJAmendnrenf. Zbc oa550C17115ct:t5 William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 Rider to Resta led Articles of Organization of Nrrtheast Behavioral Health Corporation ARTICLE Il The purpose of the corporation is to engage in the following activities: The Corporation is organized and shall be operated exclusively for charitable and educational purposes within the meaning of Section 501(c)(3)of the Internal Revenue Code of 1986, as amended, and in [his connection to own, manage and operate outpatient and residential facilities for the general provision of healthcare, disease management and the treatment of behavioral, mental health, substance abuse and related disorders or conditions; provide support.services including but not limited to shelters and other residential and school based programs for men, women, youths, chihildren and families affected by mental, behavioral or other health conditions; engage or support counseling, outreach, individual and community education and research concerning health and disease management, mental or behavioral health and related disorders; provide financial and other support to facilities and organizations engaged in the treatment of those afflicted with behavioral, and mental health related disorders or other health conditions; engage in research, education or community activities ended to intended support those so afflicted or their families and engage in the perfo development, community relations and volunteer activities, the sponsorship and development of programs and activities which are charitable, scientific or educational in nature and which address the physical or mental health needs of the community at large, and all activities directly or indirectly related to the foregoing. In furtherance of the foregoing purposes, and subject to the Bylaws as the same may be amended from time to time, the Corporation shall have the following powers: (a) to purchase, receive,take by grant,gift, devise, bequest or otherwise, lease, or otherwise acquire,own, hold, improve, employ, use and otherwise deal in and roperty, or any interest therein, wherever situated; with, real or personal p (b) to sell, convey, build, own, lease, exchange, transfer or otherwise dispose of, or mortgage,pledge, encumber or create a security interest in, all or any of its property, or any interest therein, wherever situated; (c) to purchase, take, receive,subscribe for, or otherwise acquire, own, hold, vote, employ,dispose of, mortgage,pledge, use and otherwise deal in and with, bonds and other obligations,shares, or other securities or interests issued by others, Rider to Restated Articles of organi�tlon of Northeast Behavioral Health Corporation whether engaged in similar or different business, governmental, activities; or other (d) to make contracts, give guarantees and incur liabilities, borrow money at such rates of interest as the Corporation may determine; issue its notes, bonds and other obligations, and secure any of its obligations by mortgage, pledge or encumbrance of, or security interest in, all therein, wherever situated; or any of i's property or any interest (e) to lend money, invest and reinvest its funds, and take and hold real and personal property as security for the repayment of funds so loaned or invested; (� to make donations or contributions only for religious, charitable, scientific. literary or educational purposes; and (g) to have and exercise all powers necessary or convenient to effect any or all of the Purposes for which the Corporation is formed; Provided, however Power shall be exercised in a manner inconsistent with Mas , that no such Laws, Chapter 180, or the General Laws of the Commosachusetts General mvealth, or Section 501(c)(3) of the Internal Revenue Code as now in force oras hereafter amended. ARTICLE Ill A corporation may have one or more classes of members. If it does, the designation of such classes, the manner of election or appointments, the duration of membership and the qualification and rights, including voting rights, of the members of each class,may be set forth in the by-laws of the corporation or may be set forth below: The sole member of the Corporation shall be Northeast Health System, Inc. (the"Sole Member'). The Sole Member shall have the right to exercise all powers conferred on members of non-profit corporations under Massachusetts General Laws Chapter 180, including, without limitation,powers with respect to the following: (a) amendment of these Restated Articles of Organization; (b)the sale, lease, exchange or other disposition I of all or substantially all of the Corporation's property and assets; consolidation of the Corporation with another corporation; (d)approval of the (c) the merger or Corporation's actions as the sole corporate member of its affiliates; and (e) such other powers as set forth in the Bylaws of the Corporation. The manner of election or appointment, the duration of membership and the qualification and other rights of the Sole Member shall be set forth in the Bylaws of the Corporation. 2 Rider to Restated Articles of Organization of t"iOnheast Behavioral Health Corporation ARTICLE IV 701herawful provisions, ifany, for the conduct and regulation of the business and affairs of the ation, for its voluntary dissolution, or for limiting, defining, or regulating the powers of the ation, or of its directors or members, or of any class of members, are as follows: 4.1 The Corporation shall have in furtherance of its ce:rc:atc purpuscs all of the powers specified in Section 6 of Chapter 180 and in Sections 9 and 9A of Chapter 156B of the Massachusetts General Laws(except those provided in paragraph (m) of said Section 9) as now in force or as hereafter amended, and may cant'on any operation or activity referred to in Article 2 to the same extent as might an individual, either alone or in ajoint venture or other arrangement with others, or through a wholly or parity owned or controlled corporation; Provided, however, that no such power shall be exercised in a manner inconsistent with said Chapter 180 or any other chapter of the Massachusetts General Laws or inconsistent with the exemption from federal income tax to which the Corporation shall be entitled under Section 501(c)(3)of the Internal Revenuc Code. 4.2 The Trustees may make, amend or repeal the Bylaws in whole or in part subject to the approval of the Sole Member and the Sole Member may make, amend or repeal the Bylaws in whole or in part on its own initiative. 4.3 Meetings of the Sole Member and meetings of the Trustees (and meetings of any committees elected or appointed by the Trustees)may be held anywhere in the United States. I 4.4 The Corporation shall, to the extent legally permissible and in accordance with the Bylaws as the same may be amended from ti and ome to time,protect the Trustees officers of the Corporation and members of Committees established by the Board of Trustees of the Corporation against personal liability for any debt, liability,or obligation of the Corporation. 4.5 The Corporation shall, to the extent legally permissible and in accordance with the Bylaws as the same may be amended from lime to time, indemnify the Sole Member as well as each person who is serving, or who has served at any time(i) as a Trustee or officer of the Corporation or of any of its affiliates, (ii) as a member of committee established by the Board of Trustees of the Corporation or of an),of its affiliates,(iii)as an employee of the Corporation, or(iv)at the Corporation's request as a member, trustee or officer of another organization or in a capacity with respect to any employee benefit plan of the Corporation. . 4.6 (a) No person shall be disqualified from holding any office by reason of any interest. In the absence of fraud, any Trustee,officer or member of this Corporation, or any concern in which any such Trustee, officer, or member has any interest, may be a party to, or may be pecuniarily or otherwise interested in, 3 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation any contract, act or other transaction (collectively called a "tran Corporation, and saction")of this (1) such transaction shall not be in any way invalidated or otherwise affected by that fact; and (z) no such Trustee, officer, member or concert shall be liable to account to this Corporation for any profit or benefit realized through anv such ' transaction; provided, however, that such transaction either was fair at the time it was entered into or is authorized or ratified either(i) by a majority of the Trustees who are not so interested and to whom the nature of such interest has been disclosed; or(ii) by vote of the Sole Member at any meeting of the Sole Member or meeting of the Trustees the notice of which, or an accompanying statement, summarizes the nature of the transaction and such interest. No interested Trustee of this Corporation may vote or may be counted in determining the existence of a quonim at any meeting at which such transaction shall be authorized, but may, at the request of the Board of Trustees of the Corporation,participate in discussion thereof. (b) For purposes of this Section 4.6, the term "interest"shall include personal interest, interest of a family member, and interest as a trustee, director, officer, stockholder, shareholder, overseer, member or ben Coneficiary of any concern; and the term " cern shall mean any corporation, association, trust, partnership, firm,person or other entity other than this Corporation. (c) No transaction shall be voided by reason of any provisions of this Section 4.6 which would be valid but for such provisions. 4.7 No pan of the assets or net eamings of the Corporation shall inure to the benefit Of any member, officer or Trustee of the ; substantial pan Corporation or any individualno of the activities of the Corporation shall be the carrying on of Propaganda, or otherwise attempting, to influence on except to the extent Permitted by Section 501(h)of the Internal Revenue Code; and the Corporation shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of(or in opposition to) any candidate for public office. 11 is intended that the Corporation shall be entitled to exemption from federal income tax under Section 501(c)(3) of the Internal Revenue Code and shall not be a private foundation under Section 509(a) of the Internal Revenue Code. 4•8 If and so long as the Corporation is a private foundation (as that term is defined in Section 509 of the Internal Revenue Code), then notwithstanding any other Provisions of the Articles of Organization or the Bylaws of the Corporation, the following provisions shall apply: 4 Rider to Restated Anicles of Organization of Northeast Behavioral Health Corporation (a) the income of the'Corporation for each taxable year shall be distributed at such time and in such manner as not to subject the Corporation to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code, and (b) the Corporation shall not engage in any act of 52;f ea;in Section 4941(d)of the Intemal Revenue Code), nor retain anyextcess to business holdings(as defined in Section 4943(c)of the Internal Revenue Code), nor make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Internal Revenue Code, nor make any taxable expenditures (as defined in Section 4945(d) of the Internal Revenue Code). 4.9 Upon the liquidation or dissolution of the Corporation, after payment of all of the liabilities of the Corporation or due provision therefor, all of the assets of the Corporation shall be disposed of to Lahey Health System, Inc. or Northeast Health System, Inc., both of which are Massachusetts non-profit corporations, so long as either entity is then exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code, or if either entity is not then so exempt, to one or more organizations exempt from federal income tax under Section 501(c)(3)of the Internal Revenuc Code. 4.10 The Corporation shall not discriminate in administering its policies and programs or in the employment of its personnel on the basis of race, color, religion, national or ethnic origin, sex, handicap or otherwise. 4.11 All references herein: (i)to the Internal Revenue Code shall be deemed to refer to the Internal Revenue Code of 1956, as now in force or hereafter amended; (ii)to the General Laws of The Commonwealth of Massachusetts, or any chapter thereof, shall be deemed to refer to said General Lawsor chapter as now in force or hereafter amended; and (iii)to particular sections of the Internal Revenue Code or said General Laws shall be deemed to refer to similar or successor provisions hereafter adopted. I 5 I 7TIbe c date of the Restated Articles Of Organization ARTICLE the corporation shall be the dale approved and filed by the Sec- e rrmonw[ahh.If a later effective date is desired,specify such date which shall not be more than Thirty days e offiling. May 1,2012 TICLE VI adon contained in Article of is not a perrmmanent aart of the Articles of Organization. address(post office boxes are not acecp:ablc,cf ti,e principal office Of the corporation Gr Y 131 Rantoul Street,Beverly, MA 01915 ,11ucsncbnre/!r is: b.The name, residential address and post office address of each director and officer of du corporation is as follows: NAME RESIDENTIAL ADDRESS President: Please see attached rider. POST OFFICE ADDRESS Treasurer: Clerk: Directors: Please see attached rider. (or officers having the - I powers) directors) ' I c.The fiscal year of the corporation shall end on the last day of the month of.. June Lt.The name and business address of the resident agent.if any,of the corporation is: -N/A **We further certify that the foregoing Restated Articles of Organization affect no Articles of Organization of the corporation as heretofore amended,excet aamendmenu to the amendments to the following articles. rticles describe amendments below: p Cfly Articles II, III & IV have been amended and restated in their entirety to read aS Set forth in the atta�ych/ed rider. SIGNED UNDER THE PENALTIES OF PERJUR is O9-/ clay of April 20 12 Kevin Norton,•President/'NZX iy,.g — 64 -Clerk AX+L+Y,1bXC0.Jk. •/R/rrr Ibr!un//,/lu,h/. ..... '•/Jrbrn•nn nn xu[A mnendrnruo,alarr'd'nnr'. Rider to Restated Articles of Organization of Nonhcasl Behavioral Health Corporation ARTICLE VI b. The officers of the corporation arc: Name Position Vincent hlanelli Address Chair 35 Ruby Avenue, Marblehead, MA 01945 Kevin Norton Presidel:i 46 Moodla nh St, Denis Conroy Treasurer cct, Boston, 19A 02128 96 bl odlassxt Avenue Joseph Porcello , Wellesley, MA 02481 Assistant Treasurer 85 Herrick Street, Beverly, MA 01915 William Donaldson Clerk Maryellen Lear 54 Ledge Road, Gloucester, MA 01930 Assistant Clerk 85 Herrick Street, Beverly, !`1A 01915 b. The directors of the corporation are: Name Kate Barrand Address Gregory Bazylewicz M.D. 25 Thoreau Circle, Beverly, IA 01915 Jeff Bistrong 9 Sky Top Drive, Manchester, MA 01944 George Burke 21 Forster Road, Manchester, MA 01944 7 Ray Street, Deverl;•, Steven DefossezM.D. (ex-officio MA 01915 85 Herrick Street, Beverly, MA 0 19 15 .D David DiChiara ,, M . 4 Treetops Lane, Danvers, MA 01923 Charles Favazzo 644 Bay Road, Hamilton, 'y," 01936 Charles Furlong Tom Grant 19 Ocean Street, Manchester, MA 01944 868 Hale Street, Beverly '%"A, "A 01915 Joseph Haley 75 Paine Avenue, Prides Crossing, Kenneth Hanover (ex-officio) ben IMA54 Autumn Lane, Hamilton, q 19 2 O]965 Rorwin 2 Sagamore Road, Ipswich, MA 01938 Vincent onnelli,Jr. 35 Ruby Avenue,Marblehead, MA 01945 I Paul McConnell 8 Marclipper Way, Marblehead, MA 01944 arc Meiches 43 Paine Avenue, Prides Crossin KMA urt Melden 42 Masconomo Street Paul Muniz , Manchesle, MA Ol965]944 13 Brightside Avenue, Gloucester, MA 01930 Hugh O'Flynn,,M.D. 18 Longmeadow Drive,Ipswich, MA 01938 Augustine O'Keeffe, M.D. 14 Nancy Palmer Doardman Avenue, Manchester, MA 01944 9 Buttonwood Lane, Danvers, MA RoJBgrutbert Rives t Patel,M.D. 144 G01923 Roben rapevine Road, Wenham, MA 01984 Ro39 Forest Street, Manchester, MA 01944 Michael Ruane A. Heaton Robertson 340 Bridge Street, S. Hamilton, MA 01982 Michael Shea 31 William Fairfield Drive, lvenham, MA 01984 a David St. Laurent ] Lee 11 Y, Rockpon,MA 01966 One Virginia Place, Wenham, MAO 1982 6 IP 71IE COMA1ONWEALTH OFMASSACHUSEITS RESTATED ARTICLES OF ORGANIZATION (General Uws, Chapter 180, Section 7) - I hereby approve the within Restated A.rricles of Organization and, the fling fee in the amount ors__ 3 5--� having bee aid,said artieleyare d_cefned to have beer) filed with me this,-7 — r .20 b Effective Date: WILL140f FRANCIS GA NT,4 Searrary of the Crnnnrorr+veobb e'7 C—r C.7 N :7 O tit,1 n ' -0 C.) o c� � -V n V rV `.". V TO FILLED IN BY CORPORATION r m Contact information: Patrick Healy, Esq. McDermott, Will & Emery LLP 28 State Street, Boston, MA 02109 •rete p h on e: 617-535-3837 email- Phealy@mwe.com A copy this filing will be available on-line a www.'u the document is filed. alama.us/sec/cnr once c t—ommonwealth of Massachusetts William Francis Galvin - Public Browse and Search Page 1 of 3 The Commonwealth of Massachusetts .,,K 3 William Francis Galvin Secretary of the Conunomvealilr, Corporations Division 'i. One Ashburton Place, 1 7th floor r,r Boston, MA 03108-1512 r Telephone: (617) 727-9640 NORTHEAST BEHAVIORAL HEALTH CORPORA-!. N Summary Screen r HE'a wit I Requests Certificate The exact name o9the Nonprotit Corporation: NORTHEAST BEHAVIORAL HEA The name was changed from: HEALTH LTH CORPORA7 & EDI .8. 0-I-I ..- r SERV Merged with NUVA� on 7/1/1995 ICES. INC, on 3/2 S_ / Merged with GREATER CAPE ANN HUMAN SERVICES. Itv^ Merged with PROJECT RAP INC. on 7/1/1995 on 7/1/1995 Merged with RESIDENTIAL EDUCATIONAL SERVICES. INC on 7/1/1997 Merged with CFD o. BEVERLYC.. INon 9/3003 Entity Type: Nonprofit C_m ori Identification Number: 042777145 Old Federal Employer Identification Number (Old FEIN): 000=_ Date of Organization in Massachusetts: 09/2982 Current Fiscal Month The location of its principal office in MassachusetPrevious Fiscal Month /D. and Street: ts: Cit 131 RANTOUL STREET City or Town: BE V�y State: 4A Zip: 01915 the business entity is organized wholly to do business outside Massachusetts, the location n No. and Street: try:275A of that oft N City or Town: State: The name and address of the Resident Agent: Zip: Coun[ry; Name: No. and Street: City or Town: State: The officers and all of the directors of the corporation: zip.- Country: _ XH11311 C http://corp.sec.state.ma.us/corp/corpsearclh/CorpSearchSunmlary.asp?ReadFromDB=True. ancn�, I he COnlmon\Vealth of Massachusetts 1Villiam Francis Galvin -public Browse and Search Page 2 Title Individual Name First Middle,Last,Suffix Address (no PO Box) PRESIDENT Address,Ci �x Nor Town,State,Zip Cotle KEVIN NORTON _ C 46 MONMOUTH ST, BOSTON,MA 02128.USA TREASURER DENIS CONROY 96 WOODLAWN AVE. wELLESLEY,MA 02481 USA CLERK 11'ILUAM DONALDSON 54 LEDGE ROAD GLOUCESTER,MA 01 93o USA I DIRECTOR ) KATF eARRANC I 26 THOREAU CIR. - I BEVERLY,MA 01915 USA DIRECTOR GREGORY BAZYLEVJICZ M.D. 9 SKY TOP DR. I MANCHESTER,MA 01944 USA DIRECTOR ,TEFF SISTRONG 21 FORSTER RD. MANCHESTER,MA 01944 USA DIRECTOR GEORGE BURKE - 7 RAY ST. I BEVERLY,MA 01915 USA DIRECTOR SEE DOCUMENT FOR ADDITIONAL NAMES i SAME SAME ,MA 00000 USA i _ Consent _ Manufacturer Confidential Data _ Does Not RequireAnnu-; Re) Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Annual Report Application For Revival Articles of Amendment Articles of Consolidation - Foreign and Domestic View Filings New Search 1 http://corp.secstate.ma,us/corp/cor))searcll/ColpSearch$umIII ary,asp?ReadFromDB=TrnP 0/10 •••••�..••�."Jl u, rvidssacnusetts WiIIiam Francis GaI\'In - Pub I ic Browse and Search Pa2L: LAIlRightsReseNed 12 Commonwealth of Massachuselis http://corp.sec.state.ma.us/corp/corpsearclh/CorpSearchSulnmary.asp?ReadFromDB=True... 8/28 2012 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT C.A. 2c /2 NORTHEAST BEHAVIORAL ) HEALTH CORPORATION, ) Plaintiff, ) V. ) REBECCA CURRAN, et al., ) n Defendants. ) s o 7C••� C t^rn J n r3 NOTICE OF ACTION 3 To: Date: November 27!R012 O City Clerk, City of Salem °D City Hall Salem, Massachusetts 01970 Notice is hereby given of the filing of a complaint in this action on November 27, 2012 in Essex Superior Court. A copy of the Complaint is filed herewith. The Plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, By its attorneys, � � L /Marshall J. Handly l i BBO # 219580 HANDLY& COX, P.C. 9 Abbott Street Beverly, MA 01915 (978) 921-5544 FAX: 921-6655 OND17 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT ' 120 WASHINGTON STREET, 3RD FLOOR r SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 EXT. 380 �.. FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 4, 2006 Steve Haley c/o Bing Realty Trust 41 Mason Street Salem, Ma. 01970 RE: Drainage Problems Dear Mr. Haley: The development of your commercial property has created and/or aggravated drainage for both the abutter at 37 Mason Street as well as Mason Street itself. The issue came up a while back but never was resolved. At this time, we are requiring a meeting with the City to discuss solutions. We will need your Civil Engineer at the meeting and would ask to meet as early as possible,but not later than the middle of August. If you have any questions, please contact me directly. Sincerely, `w-�-'A V Thomas St. Pierre Building Commissioner cc: Jason Silva, Mayors Office Bruce Thibodeau, City Engineer Councillor Prevy, Ward 6 Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (978) 745-9595 EXT.311 FAX(978)740-0404 WAIVER OF THE DEMOLITION DELAY ORDINANCE It is hereby certified that the Salem Historical Commission has waived the Demolition Delay Ordinance for the proposed demolition as described below, as per the requirements set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. Address of Property: 41 Mason Street Name of Record Owner: Bing Realty Trust, Stephen W. Haley, trustee Description of Demolition Work Proposed: Demolition of 3 story wood frame building closest to Mason Street. Dated: 8/7/02 SALEM HISTORICAL COMMISSION By: � .. THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. CITY O F `EA>a KE M, /�c�� a �\ BOARD OF APPEAL vi I Y OF SALEM. MA " ti , 1 �V, CLERK'S OFFICE i� 1 G0 WASHINGTON STREET: 3RD FLOOR "� SALEM, MA 01970 lit, i 4I ���� / TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. - _.2003 MAR 21 A 10: 41 MAYOR DECISION OF THE PETITION OF STEPHEN W. HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I A hearing on this petition was held March 19, 2003.with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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. The petitioner is requesting Variances from side and rear setbacks, parking and density requirements to construct an addition for the property located at 41 Mason Street located in an I zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner Stephen Haley owns and operates Crown Auto Supply, a wholesale auto parts business located at 45 Mason Street adjacent to the subject property. Several other businesses also operate at the 45 Mason Street property, and Mr. Haley currently holds a license to offers used cars for sale at 43 Mason Street. 2. Petitioner seeks to renovate a former tannery building at 41 Mason Street for commercial and light industrial use. The existing structure is nonconforming as to minimum lot area, frontage, front and side yard setbacks, and it does not offer sufficient off street parking to meet the requirements of the ordinance for. commercial or industrial use. 3. Architect Richard Griffin of 37 Turner Street, Salem, detailed the proposed renovation. A three story wood structure at the Mason St. property line is unsound and it will be demolished A single story brick structure behind the wood DECISION OF THE PETITION OF STEPHEN HALELY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET i page two structure has been gutted and cleaned; it has been determined to be free of contamination arising from its former use. Mr. Haley proposes to construct commercial offices within the existing walls of the brick building and to create a new single story addition on the southeast corner of the property. The new space will be used for his existing business and for other commercial uses consistent with the business now operating in the adjacent properties. The new addition will have a 2- foot setback and a rear setback of 2 feet. The new space will be used for this existing business and for other commercial uses consistent with businesses now operating in the adjacent properties. 4. Ward 5 City Councillor Mike Bencal reported that Mr. Haley met with neighbors in July 2002 to explain the project, and that the neighborhood was in favor of granting The variances. Eric Easley of 35 also voiced support for Mr. Haley's project Mason Street and Arthur Parent of 39 Mason Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire.Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6, Petitioner shall obtain a Certificate of Inspection. DECISION OF THE PETITION OF STEPHEN HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET 1 page three 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including but not limited to the Planning Board. 8. No neon signs are to be used. 9. There shall be no outside storage. 10. There shall be no automotive repairs. 11. Hours of operation shall be between 7:00 a.m. and 6:00 p.m. VARIANCE GRANTED MARCH 19, 2003 Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE,PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT -Z C.A.X2 (`Z 012- � NORTHEAST BEHAVIORAL ) HEALTH CORPORATION, ) Plaintiff, ) v. ) REBECCA CURRAN, ANNIE HARRIS, ) JAMIE METSCH, MIKE DUFFY and ) RICHARD DIONNE, as they are members of the ) Salem Zoning Board of Appeals, ) and not individually, and ) THOMAS ST. PIERRE, as he is ) Building Commissioner of the City of SALEM, ) and not individually. Defendants. ) COMPLAINT (MGL c. 40A §17 and MGL c 23]A &&I and 2) This action pursuant to MGL c. 40A s. 17 challenges the decision of Salem Zoning Board of Appeals to uphold certain "Cease and Desist' order issued by the Salem Building Inspector relative to the use of certain property at 41 Mason Street in Salem (hereinafter, the 'Property"). It also seeks to enjoin and to obtain a determination of the legality of the order and decision of the defendants, purportedly under authority of GL c. 40A and a certain variance issued pursuant thereto, to limit and restrict the use of the Property by limiting the plaintiff s hours of operation, and a declaration pursuant to MGL c. 231A §§I and 2 that a certain variance (the "Variance") which purports to limit the present use of the Property by the plaintiff is inapplicable to the COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT C.A. 2 2/2 NORTHEAST BEHAVIORAL ) HEALTH CORPORATION, ) Plaintiff, ) V. ) REBECCA CURRAN, et al., ) �, Defendants. ) r o m 6 NOTICE OF ACTION = ro To: Date: Noveniper 27,4012 rn City Clerk, City of Salem City Hall LnLn j Salem,Massachusetts 01970 Notice is hereby given of the filing of a complaint in this action on November 27, 2012 in Essex Superior Court. A copy of the Complaint is filed herewith. The Plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, By its attorneys, i Marshall J. Handly BBO # 219580 HANDLY& COX, P.C. 9 Abbott Street Beverly,MA 01915 (978) 921-5544 FAX: 921-6655 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT C.A. 2 c7/ 2� 2 2 / 2 NORTHEAST BEHAVIORAL ) HEALTH CORPORATION, ) Plaintiff, ) V. ) REBECCA CURRAN, ANNIE HARRIS, ) JAMIE METSCH, MIKE DUFFY and ) c RICHARD DIONNE, as they are members of the ) „ Salem Zoning Board of Appeals, ) N J and not individually, and ) THOMAS ST. PIERRE, as he is ) IN TH r 3 Building Commissioner of the City of SALEM, ) r'� � o and not individually. )' F R THE COUNTY OCOURT X Defendants . NOV 272012 COMPLAINT (MGL c. 40A &17 and MGL c. 231A &&I and 2) This action pursuant to MGL c. 40A s. 17 challenges the decision of Salem Zoning Board of Appeals to uphold certain "Cease and Desist" order issued by the Salem Building Inspector relative to the use of certain property at 41 Mason Street in Salem (hereinafter, the 'Property"). It also seeks to enjoin and to obtain a determination of the legality of the order and decision of the defendants, purportedly under authority of GL c. 40A and a certain variance issued pursuant thereto, to limit and restrict the use of the Property by limiting the plaintiff's hours of operation, and a declaration pursuant to MGL c. 231A §§1 and 2 that a certain variance (the"Variance") which purports to limit the present use of the Property by the plaintiff is inapplicable to the • s. 1\ plaintiffs use pursuant to the provisions of the"Dover Amendment"(MGL c. 40A §3). A copy of the decision appealed from, certified by the Clerk of the City of Salem, is attached hereto as Exhibit "A". A copy of the Variance is attached hereto as Exhibit `B". Parties 1. The plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, ("NBH") (formerly named Health and Education Services, Inc.) is a non-profit educational corporation organized and existing under the provisions of Chapter 180 of the General Laws of the Commonwealth of Massachusetts: NBH leases a portion of the Property, which it uses entirely for non-profit educational purposes. 2. The defendant Thomas St. Pierre (hereinafter "Inspector") is named in his capacity as Building Inspector of and for the City of Salem, and not individually. 3. The defendant Rebecca Curran is named in her capacity as Chair of the Salem Zoning Board of Appeals, and not individually; Rebecca Curran resides in Salem at 14 Clifton Avenue. 4. The defendant Annie Harris is named in her capacity as a member of the Salem Zoning Board of Appeals, and not individually; Annie Harris resides in Salem at 28 Chestnut Street. 5. The defendant Michael Duffy is named in his capacity as a member of the Salem Zoning Board of Appeals, and not individually; Michael Duffy resides in Salem at 1 Warren Court. 6. The defendant Jamie Metsch is named in his capacity as a member of the Salem Zoning Board of Appeals, and not individually; Jamie Metsch resides in Salem at 18 Oliver Street, Apartment 2. 7. The defendant Richard Dionne is named in his capacity as a member of the Salem Zoning Board of Appeals, and not individually; Richard Dionne resides in Salem at 23 Gardner Street. Jurisdiction 8. This Court has jurisdiction to hear this appeal of a decision of the Salem Zoning Board of Appeals pursuant to MGL c. 40A s. 17. This Court also has jurisdiction to make binding declarations of right, duty, status and other legal relations,under municipal ordinances pursuant to MGL c. 231 A ss. I and 2. Standin 9. The plaintiff is directly affected by the Inspector's order and by the decision of the Zoning Board of Appeals to uphold it. The plaintiff is aggrieved by the decisions of the Inspector and the ZBA as set forth herein. Timeliness 10. This action is timely, pursuant to MGL c. 40A s. 17, as it is commenced within 20 days after the decision of the Salem Zoning Board of Appeals was filed with the Salem City Clerk, on November 20, 2012. Facts 11. NBH is a nonprofit educational corporation organized under the laws of the Commonwealth of Massachusetts (a copy of the Restated Articles of Organization are attached hereto as Exhibit "C", and incorporated by reference herein), and duly qualified as a tax exempt organization under 26 USC 501(c)(3). 12. NBH Leases portions of the Property from David M. Walsh and Michael J. O'Brien, and has used and occupied those portions of the Property for its non-profit educational uses since in or about 2006. 13. NBH is engaged in the identification and correction through education (counseling and behavior modification) of behavioral problems,particularly problems relating to drug and alcohol abuse. 14. NBH uses the property for evaluation, stabilization and education of individuals with behavioral problems. 15. The nature of the issues with which NBH deals requires it to operate on a 24 hour daily basis. 16. Individuals are referred to NBH by police, medical providers, social agencies, family members and others in moments of behavioral crisis, which can occur at any time of day, and often do occur between the hours of 6;00 PM and 7:00 AM 17. NBH has been conducting its educational activities at the Property on a 24 hour daily basis since the inception of the leases, in or about 2006. 18. On or about August 1, 2012, the Inspector wrote to Stephen Haley, Trustee, owner of the Property directing that NBH (which the Inspector identified as the"H.E.S. group") "cease and desist operations between the hours of 6:00 PM and 7:00 AM" (A copy of the Inspector's Cease and Desist order is attached hereto as Exhibit "D"). 19. In and by the Cease and Desist Order, the Inspector stated that a certain Condition#I I of a [variance] decision of March 19, 2003 relating to the Property and a prior use, the hours of use of the Property were limited to the time between 7:OOAM and 6:00 PM. 20. On August 28, 2012, NBH appealed the Inspector's order to the defendant ZBA pursuant to GL c. 40A §§8, 14 and 15, and Section 9.3.2 of the Salem Zoning Ordinance (A copy of the Appeal is attached hereto as Exhibit"E"). 21. On November 7, 2012, the ZBA, after hearing, denied the plaintiffs appeal by decision filed with the Salem City Clerk on November 20, 2012 (Exhibit "A"). 22. The ZBA found that: "I. A condition placed on a variance from dimensional requirements restricted the hours of operation of all tenants in the building. This condition allowed for the expansion of the structure and without this condition, the building may not have been enlarged. The hour restrictions were a safeguard on dimensional control. "2. The Board does not make a finding as to whether Northeast Behavioral Health is an educational use entitled to protection under M.G.L. Chapter 40A §3. "3. The 2003 Variance's limitations were included to serve a municipal goal. Further there is ample evidence that this condition limiting hours of operation is necessary and such supporting evidence is on record, e.g. police reports presented to the Board and the testimony of neighbors." 23. Upon the findings recited above, the ZBA decided and ruled that: "On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five(5) in favor(Curran, Harris, Dionne, Duffy and Metsch) and none (0) opposed, to uphold the Cease and Desist order issued by the Building Commissionerrestricting the hours of operation of Northeast Behavioral Health Corp. at 41 Mason Street." 24. MGL c. 40A s. 3 (second paragraph, first sentence) provides, in pertinent part, that "No zoning ordinance or by-law shall... regulate or restrict the use of land or structures... for educational purposes on land owned or leased... by a nonprofit educational corporation; provided however,that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space,parking and building coverage requirements." (emphasis added). 25. The purported regulation and restriction of hours of use as directed by the Cease and Desist and as upheld by the ZBA is clearly erroneous, legally untenable, and in excess of the authority of the Inspector and the ZBA. Requests for Relief WHEREFORE, the Plaintiff respectfully requests that this Court: 1. Issue an order of notice to the Defendants to appear on shortened notice to show cause why the Cease and Desist order issued by the Defendant Building Commissioner should not be stayed pending the determination of this matter by the Court, and 2. After hearing on such notice as the Court shall prescribe, temporarily restrain and enjoin the Defendant Building Commissioner from enforcing the Cease and Desist order until final judgment enters in this action, or such other time as the Court may determine, and 3. After hearing such evidence as the Court deems necessary and appropriate for its decision, enter an order annulling the decision of the Salem Zoning Board of Appeals to uphold the administrative decision of the Building Inspector regarding the plaintiff s use of the property, and 4. Permanently enjoin and restrain the defendant Inspector from limiting or interfering with the use of the property by the plaintiff under authority of GL c. 40A, And 5. Enter a declaration that the conditions of the Variance, and particularly those conditions which would in any way purport to limit or restrict the use of the Property by the plaintiff for non-profit educational purposes, are irrelevant and inapplicable to the plaintiff and its use and occupancy of the Property, And 6. Grant such other relief as the Court deems to be appropriate under the circumstances of this case. The Plaintiff, NORTHEAST BEHAVIORAL HEALTH CORPORATION, By its attorneys, Marshall J. Handly BBO# 219580 HANDLY& COX, P.C. 9 Abbott Street Beverly, MA 01915 (978) 921-5544 FAX: 921-6655 1tf,10WITt.16't On' OF SALEM,) NLSSACHUSETTS BOARD OFAFT"FAL CDP No\ember -10, 2111 3. Decision (:it\ of Salon /oning Board of.\plic.ils Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a Cease and Desist order of the Building Inspector for the property located at 41 MASON STREET .\ public hearing on the above Petition \,,as opened on November '111-1 pursuant toMli.,, (Icticnil I-:m Cli. 4(1.\, 11. 7 he hearing \II:lS CIOSCLI on No\ember -, 'UL' ith flic foll(m ing Zoiling lioaiLl Of Appeals nictribers present: Rebecca Curran (Chair), .\Illlic Barris, Dttfh.J:illiic Mcrsch' lZichard Dionne, and.linum 'I sitsinos (alternate). Pcririoncr seeks an adniiiiittIltil-C appeal of:1 ('12111C :111L] DUisr order of ilic liLliklill" COMMISS1111M. Statements of fact: 1. ()it Uirch 19, 2003, the Zoning Board Of AlIPCAS ISSUCd ;I \ at i:iticc for ilic pr,-pertc loCAtLLl jr 41 Mason Street, in the Industrial Zoning District, granting dilllcllsiorl:il lclwc to :111".N\ for piolicin. 'Clic V:itiancc rc,,rricred b'Mls I If an addition onto the CXiStillg building Oil that opcnition of the bL1Si11CSSCS (111 the III-CrIVICS to -:110 :1.111. to (0il 11.111. 2. Ill a letter dated \11gliSt 1, -'(112, Building Coniniksioner I honias St. Pierre ol'IlLicd r\k,) I)U.1111CsSCS operaring:ir 41 Matson Srrccr, a dance studio and I 1I .S (Trot1l), to CCII4' 1111CIAT14 Ill I)CMMI the h(IL11-S of 0:111) P.M. and -:11d a.m. 3. In It petition date-stamped �UlIlLMIWI -'1, 20[2, JM1111 ntcr appealed t1li, I C:1SL and I )(:iSt 'I'LlCt kl!1tVd ALl'qNl 1, 20 1 4. .\U01110 Mal"IM11 1. il:lllLll\ ?Cj))Lsciired the 11(JiHO1)Cl' at 111C 11COM"I 3. .\r the hearing and in the pi-rition, \to\rnec I livalk cr:i(CLI I hAt 111C LILCJNI'ill >11i&I he O\ct turned because the use and operation of the space leased he \,,i ilivast licha\i,inil I fcalth (.orp,iration ("NI I IV) N\ere U,\(-Illllt from /011illg kinder the provisions Of MA 1 1'. (.1iii1ircr 40 \ .'3. siIICC N1 Ila iS :1 non-profit CLILICAH,111:11 Co!j)(0-Ation, Section i pr,I\ ides, in EXHIBIT-] relevant hart, that No tonins; I Inlinanee or he laic Shall ... hr,-Mbit, n, ,ul:uc 1.1 ICSH icl the IISC of I:lild or Structurc, bre rcliginuS purposes (n- ... In-IIx a nonpr(I it educational c„1Ix>r:ltiun: pro\idcd, bowcvcIII that Such land nr Stvcttres 111:1 Ile Subject to rctSoIII bIt regLIIit6ons CI MCL-ming the bulk Anil height of StrLIC It IRS and determining It l .i/Cl, 11ItAIL:1, scrhacks, open Sp;tcc, parking and building c(I\cragc rcyuircnuntS.^ 6. :\r the hearing, .\trornec I LHILIk Sorted that ncC hoLIN of operarinu \%CIC CriticAl to \1 lit', educational mission. At the hearing, cxcral resIdcnrs Spoke in support of upboldimg the ('case and Desist order. C117111-1 disruitio llS to IIIc Ileighborhood from noise, police calls, rraftic, lack of parking. And trash. I he Board also received colics of police reports :nld r\%o letters from IC4dc 11 l> Supp(ming upholding the order. No reSidetlt spoke against uph((Iding ncc order. 1IIe hoard of Appeals. after cucful considerarion of the evidence presented :u nce public IIC:tIlOg, and after thurot gh review of the Imirion Submitted, makes the following findings: I. .\ Condition placed on :t \:uiance from dimensional requirements restricrcd rhe hour. of operation of all rcnanrs in the huilding, phis condirion allowed for the c p:mSion of the Smicrurc and without this condition. the building may n It have I)CCIl cnl:ugCtl. I he hour rc;nictions were a .afcguard un dimcn>ional control. ?. 'I he lioard docs not make it finding as to xchether Northe:lst Beh:lxi( Cal I Iealth is :ul Cducarional use emitted to protection under \L(..1.. I:haprcr fn.\ 3. .i. I lie ?Wl.i Variance's limirari(ns were included fn sent a ntunieipal goal. IIurthcr, there is ample evidence that this condition limiting hours (If operation is neces:ar\ and such supporting cxidence is on rce(nd, e.g. police reports presenrct-I to the Board and ncu tcStimonv of neighbors. On nce haSiS I If the Ibo\c findings of fact and ::II evidence prcScnrcd at du• public hc:u-ill" includin_. but nor limited to, the Plans, Documents and tcsrimonv, the Zoning Board of .\ppcals cored fixe 3" in taxor (Curran, I IArris, Dionne, Duffs and \Iersch) and none (11) opposed, to uphold ncc (:ea.0 :lild DCSISt order iSsuetl b\ the Building(:ommissioncr rcStrieritlg the hoUrS of ope9':ttioll of Northeast Behavioral f Ic:drh Corp. at 41 :Alason Street. 7 RcL•cccA (.u!r:ul, l .hair �:dcm Board I If \ppc:tls \ t )I Il OI I111l� I)l111�1O\ IIA> BI :1 .\ 111.1A \CIIII IIII : Ill A\NIV ; lit ) \K1) 1\1) IIII'. (:II) (:1.1A\K \ppcal from this deeiSion, if an\, Shall be made PurSuanr It :ICCTD III I- of the \k,r IICIUISC tS ( kncral I.aws (Amprcr 41).\, :old shall be filed tt irhill ?11 da\S of filin;. If this decision in flit, ffice If OIL I ( :Itrk. I)it rsu:ult uI ncC \I!IS S:ICIIll<Ctts (Ictic raI I-im (.h.llite 1- 4u.\, <cCri,a1 1 1, the \':uIII IICC II )L ,.,I I'crmir gralitcd herein sI IalI nut tAc effect unril :I cube ut I h c decision hcm 111� r I I c cc I I I fica I c I If rhe M IL I k has I)CCII FlICLI ith the I'iSCX South RC,IIS I I-% of I)Lc(k. A TRUE COPY A-6 SALEM, VMS. Q o < CITY OF SALEM, MASSACHUSW III IIII��I�IIIIIIIIIIIIIIIIIIgIIIIIIIII BOARD OF APPEAL 2003050500746 Bk,20139 Pg;7 _i•� 05105/2003 09:30 00 OTHER PO 113 120 WASHINGTON $rREET. 3RD FLOOR SALEM MA 01970 TE-1 1979, 745-9595 FAN, (979, 740.9946 ....1003 flAR- 21 ,A 1D41 STANLEY J. USOVICZ. JR. MAYOR DECISION OF THE PETITION OF STEPHEN W. HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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 The petitioner is requesting Variances from side and rear setbacks, parking and density requirements to construct an addition for the property located at 41 Mason Street located in an I zone. The Variances, which have been requested. may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogat ng from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner Stephen Haley owns and operates Crown Auto Supply, a wholesale auto parts business located at 45 Mason Street adjacent to the subject property. Several other businesses also operate at the 45 Mason Street property, and Mr. Haley currently holds a license to otters used cars for sale at 43 Mason Street. 2. Petitioner seeks to renovate a former tannery building at 41 Mason Street for commercial and light industrial use. The existing structure is nonconforming as to minimum lot area, frontage front and side yard setbacks, and it does not offer sufficient off street parking to meet the requirements of the ordinance for commercial or industrial use. 3. Architect Richard Griffin of 37 Turner Street, Salem, detailed the proposed renovation. A three story wood struE:ture at the Mason St. property line is unsound and it will be demolished A single story brick structure behind the wood EXHIBff_ 2003050500746 800739 Pg-9 05/05/2003 0930:00 OTHER Pp 3/3 J ur DECISION OF THE PETITION OF STEPHEN HALELY REQUESTING A F«E A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET i page two 4V#1 H,4q 2 structure has been gutted and cleaned: it has been determined to be free of '4 rQ 4 contamination arising from its former use. Mr. Haley proposes to construct commercial offices within the existing walls of the brick building and to create a new single story addition on the southeast corner of the property. The new space will be used for his existing business and for other commercial uses consistent with the business now operating in the adjacent properties. The new addition will have a 2- foot setback and a rear setback of 2 feet. The new space will be used for this existing business and for other commercial uses consistent with businesses now operating in the adjacent properties. 4. Ward 5 City Councillor Mike Bencal reported that Mr. Haley met with neighbors in July 2002 to explain the project, and that the neighborhood was in favor of granting The variances. Eric Easley of 35 also voiced support for Mr. Haley's project Mason Street and Arthur Parent of 39 Mason Street. On the basis of the above findings of fact, and on. the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially alfect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Inspection. DECISION OF THE PETITION OF STEPHEN HALEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 41 MASON STREET I page three 7. Petitioner shall obtain approval from any City Board or Commission hgvinn jurisdiction including but not limited to the Planning Board. e. No neon signs are to be used. 2063050500146 Bk;20139 Pg;8 05/05/2003 00:30:00 OTHER Pp 2/3 9. There shall be no outside storage. � r 10. There shall be no automotive repairs. rn a �G. 11. Hours of operation shall be between 7:00 a.m. and 6:00 p.m. J C y �3 VARIANCE GRANTED m3 D MARCH 19, 2003 zr Nina Cohen, Chairman ~ �' Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal E. APR 13 2003 I hareby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed in this office. A True Copy ATTEST:_ ITY CLERK,Salem, Mass. 1 FEDERAL IDENTIFICATION NO. 04-2777145 irbe commonwealth of Mclogacbt OMs ,miner William Francis Galvin / Secretary of the Commonwealth r l� One Ashburton Place,Boston,Massachusetts 02108-1512 RESTATED ARTICLES OF ORGANIZATION (General Laws,Chapter 180,Section 7) Name`r Approvcd We, Kevin Norton ,'President/•JP1EXYlE><iltdlaX and William Donaldson *Clerk/%X9MKMM, of Northeast Behavioral Health Corporation (fxllef nRI)ie of rVrf)VraflOn) located at 131 Rantoul Street,Beverly,MA 01915 , (Street address of corpomlHun in bMassacbllsells) do hereby certify that the following Restatement of the Articles of Organization was duly adopted at a meeting held on April 9 -.20 12 ,by a vote of: 1 membcrY, directors,or shareholders", Being at least two-thirds of the members or directors legally qualified to vote in meetings of the corpora• tion where there is no amendment to the Articles of Organization;OR O Being at least two-thirds of its members Icgally qualified to vote in meetings of the corporation where there is an amendment to the Articles of Organization;OR 0 Being at least two-thirds of its directors where there are no members pursuant to General laws,Chapter 180,Section 3 and there is an amendment to the Articles of Organization;OR In the case of a corporation having capital stock,by the holders of at least two-thirds of the capital stock C ❑ having the right to vote therein where there is an amendment to the Articles of Organization. P ❑ M ❑ R.A. ❑ l /^� •lkkk rhe i••CIwW only Otte box 0aI app llrt ar,n on tb/rfonn la IruyQ7clenl,addition,shod be ael forrb on one side only Note:Iftbe apace provided under any artick or P.C. OJreparate 8 1/2 x it sheets of paper Ivab a left margin oral least I iucb.Additions to more Iban one ankle cony be made on a single Stier,as long as eacb ankle requiring eaeb addition is ckarfy Indicated ARTICLE The name of the corporation is: Northeast Behavioral Health Corporation ARTICLE It The purpose of the corporation is to engage in the following activities: Please see attached rider. ARTICLE III A corporation may have one or more classes of members. If it does,the designation of such classes,the manner of election or appointments,the duration of membership and the qualification and rights,including voting rights,of the members of each class,may be set forth in the by-laws of the corporation or may be set forth below: Please see attached rider. ARTICLE IV **Other lawful provisions,if any, for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution,or for limiting,defining,or regulating the powers of the corporation,or of its directors or,members, or of any class of members,are as follows: Please see attached rider. I i I i ••ff(NCfr llr¢na p,visjum.matt"NOOr Note Tbepmerdingfour(4)drdqes on eons(demd to beperntannd and nwy ONLYbe changed 6yf/tbtB aPProO�nlr Arlltlrro Amen men. Abe �utntnonlvealth of �Ia�'SaehuSet.ts William Francis Galvin Secretary of the Commonwealth One Ashburton Place,Boston,Massachusetts 02108-1512 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE II The purpose of the corporation is to engage in the following activities: The Corporation is organized and shall be operated exclusively for charitable and educational purposes within the meaning of Section 501(1)(3)of the Internal Revenue Code of 1986,as amended, and in this connection to own, manage and operate outpatient and residential facilities for the general provision of healthcare,disease management and the treatment of behavioral, mental health, substance abuse and related disorders or conditions;provide support services including but not limited to shelters and other residential and school based programs for men, women, youths,children and families affected by mental,behavioral or other health conditions; engage in or support counseling,outreach, individual and community education and research concerning health and disease management,mental or behavioral health and related disorders; provide financial and other support to facilities and organizations engaged in the treatment of those afflicted with behavioral,and mental health related disorders or other health conditions;engage in research,education or community activities intended to support those so afflicted or their families and engage in the performance of development,community relations and volunteer activities,the sponsorship and development of programs and activities which are charitable,scientific or educational in nature and which address the physical or mental health needs of the community at large, and all activities directly or indirectly related to the foregoing. In furtherance of the foregoing purposes, and subject to the Bylaws as the same may be amended from time to time,the Corporation shall have the following powers: (a) to purchase,receive,take by grant, gift,devise,bequest or otherwise, lease,or otherwise acquire,own,hold, improve,employ,use and otherwise deal in and with,real or personal property,or any interest therein,wherever situated; (b) to sell,convey,build,own,lease,exchange, transfer or otherwise dispose of,or mortgage,pledge,encumber or create a security interest in,all or any of its property, or any interest therein, wherever situated; (c) to purchase, take,receive,subscribe for, or otherwise acquire,own,hold, vote, employ,dispose of,mortgage,pledge,use and otherwise deal in and with,bonds and other obligations,shares,or other securities or interests issued by others, Rider to Restated Articles of Organization or Northeast Behavioral Health Corporation whether engaged in similar or different business,governmental,or other activities; (d) to make contracts, give guarantees and incur liabilities,borrow money at such rates of interest as the Corporation may determine; issue its notes, bonds and other obligations, and secure any of its obligations by mortgage,pledge or encumbrance of,or security interest in,all or any of its property or any interest therein, wherever situated; (e) to lend money, invest and reinvest its funds,and take and hold real and personal property as security for the repayment of funds so loaned or invested; (t) to make donations or contributions only for religious,charitable, scientific, literary or educational purposes;and (g) to have and exercise all powers necessary or convenient to effect any or all of the purposes for which the Corporation is formed; Provided, however,that no such power shall be exercised in a manner inconsistent with Massachusetts General Laws, Chapter 180,or the General Laws of the Commonwealth,or Section 501(c)(3)of the Internal Revenue Code as now in force or as hereafter amended. ARTICLE III A corporation may have one or more classes of members.If it does,the designation of such classes,the manner of election or appointments,the duration of membership and the qualification and rights, including voting rights,of the members of each class,may be set forth in the by-laws of the corporation or may be set forth below: The sole member of the Corporation shall be Northeast Health System, Inc.(the"Sole Member"). The Sole Member shall have the right to exercise all powers conferred on members of non-profit corporations under Massachusetts General Laws Chapter 180, including, without limitation,powers with respect to the following: (a)amendment of these Restated Articles of Organization;(b)the sale,lease,exchange or other disposition of all or substantially all of the Corporation's property and assets;(c)the merger or consolidation of the Corporation with another corporation;(d)approval of the Corporation's actions as the sole corporate member of its affiliates; and (e)such other powers as set forth in the Bylaws of the Corporation.The manner of election or appointment,the duration of membership and the qualification and other rights of the Sole Member shall be set forth in the Bylaws of the Corporation. 2 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE IV Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution,or for limiting,defining,or regulating the powers of the corporation,or of its directors or members,or of any class of members, are as follows: 4.1 The Corporation shall have in furtherance of its corporate purposes all of the powers specified in Section 6 of Chapter 180 and in Sections 9 and 9A of Chapter 156B of the Massachusetts General Laws(except those provided in paragraph(m) of said Section 9)as now in force or as hereafter amended,and may carry on any operation or activity referred to in Article 2 to the same extent as might an individual,either alone or in a joint venture or other arrangement with others,or through a wholly or partly owned or controlled corporation;provided,however. that no such power shall be exercised in a manner inconsistent with said Chapter 180 or any other chapter of the Massachusetts General Laws or inconsistent with the exemption from federal income tax to which the Corporation shall be entitled under Section 501(c)(3)of the Internal Revenue Code. 4.2 The Trustees may make,amend or repeal the Bylaws in whole or in part subject to the approval of the Sole Member and the Sole Member may make,amend or repeal the Bylaws in whole or in part on its own initiative. 4.3 Meetings of the Sole Member and meetings of the Trustees(and meetings of any committees elected or appointed by the Trustees) may be held anywhere in the United States. 4.4 The Corporation shall,to the extent legally permissible and in accordance with the Bylaws as the same may be amended from time to time,protect the Trustees and officers of the Corporation and members of Committees established by the Board of Trustees of the Corporation against personal liability for any debt, liability,or obligation of the Corporation. 4.5 The Corporation shall,to the extent legally permissible and in accordance with the Bylaws as the same may be amended from time to time,indemnify the Sole Member as well as each person who is serving,or who has served at any time(i) as a Trustee or officer of the Corporation or of any of its affiliates,(ii) as a member of a committee established by the Board of Trustees of the Corporation or of any of its affiliates,(iii)as an employee of the Corporation,or(iv)at the Corporation's request as a member,trustee or officer of another organization or in a capacity with respect to any employee benefit plan of the Corporation. 4.6 (a) No person shall be disqualified from holding any office by reason of any interest. In the absence of fraud, any Trustee,officer or member of this Corporation,or any concern in which any such Trustee,officer,or member has any interest,may be a party to,or may be pecuniarily or otherwise interested in, 3 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation any contract,act or other transaction(collectively called a"transaction")of this Corporation,and (1) such transaction shall not be in any way invalidated or otherwise affected by that fact;and (2) no such Trustee,officer, member or concern shall be liable to account to this Corporation for any profit or benefit realized through any such transaction; rop vided,however,that such transaction either was fair at the time it was entered into or is authorized or ratified either(i)by a majority of the Trustees who are not so interested and to whom the nature of such interest has been disclosed; or(ii)by vote of the Sole Member at any meeting of the Sole Member or meeting of the Trustees the notice of which,or an accompanying statement,summarizes the nature of the transaction and such interest. No interested Trustee of this Corporation may vote or may be counted in determining the existence of a quorum at any meeting at which such transaction shall be authorized,but may,at the request of the Board of Trustees of the Corporation,participate in discussion thereof. (b) For purposes of this Section 4.6, the term"interest"shall include personal interest,interest of a family member,and interest as a trustee, director, officer,stockholder, shareholder, overseer,member or beneficiary of any concern;and the term "concern"shall mean any corporation,association, trust,partnership,firm,person or other entity other than this Corporation. (c) ' No transaction shall be voided by reason of any provisions of this Section 4.6 which would be valid but for such provisions. 4.7 No part of the assets or net earnings of the Corporation shall inure to the benefit of any member,officer or Trustee of the Corporation or any individual; no substantial pari of the activities of the Corporation shall be the carrying on of propaganda,or otherwise attempting,to influence legislation except to the extent permitted by Section 501(h)of the Internal Revenue Code;and the Corporation shall not participate in,or intervene in(including the publishing or distributing of statements),any political campaign on behalf of(or in opposition to) any candidate for public office. It is intended that the Corporation shall be entitled to exemption from federal income tax under Section 501(c)(3)of the Internal Revenue Code and shall not be a private foundation under Section 509(a)of the Internal Revenue Code. 4.8 If and so long as the Corporation is a private foundation (as that term is defined in Section 509 of the Internal Revenue Code),then notwithstanding any other provisions of the Articles of Organization or the Bylaws of the Corporation,the following provisions shall apply: 4 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation (a) the income of the Corporation for each taxable year shall be distributed at such time and in such manner as not to subject the Corporation to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code,and (b) the Corporation shall not engage in any act of self dealing(as defined in Section 4941(d)of the Internal Revenue Code),nor retain any excess business holdings(as defined in Section 4943(c)of the Internal Revenue Code), nor make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Internal Revenue Code,nor make any taxable expenditures(as defined in Section 4945(d)of the Internal Revenue Code). 4.9 Upon the liquidation or dissolution of the Corporation,after payment of all of the liabilities of the Corporation or due provision therefor,all of the assets of the Corporation shall be disposed of to Lahey Health System, Inc.or Northeast Health System,Inc.,both of which are Massachusetts non-profit corporations,so long as either entity is then exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code,or if either entity is not then so exempt, to one or more organizations exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code. 4.10 The Corporation shall not discriminate in administering its policies and programs or in the employment of its personnel on the basis of race,color, religion,national or ethnic origin,sex,handicap or otherwise. 4.11 All references herein: (i)to the Internal Revenue Code shall be deemed to refer to the Internal Revenue Code of 1986,as now in force or hereafter amended; (ii)to the General Laws of The Commonwealth of Massachusetts,or any chapter thereof,shall be deemed to refer to said General Laws or chapter as now in force or hereafter amended; and(iii)to particular sections of the Internal Revenue Code or said General Laws shall be deemed to refer to similar or successor provisions hereafter adopted. I 5 ARTICLE V The effective date of the Restated Articles of Organization of the corporation shall be the date approved and filed by the Sec• rotary ofthe Commonwealth.If a later effective date is desired,specify such date which shall not be more than thirty days after the date of filing. May 1,2012 ARTICLE VI The infordtation contained in Article VI Is not a permanent part of the Articles of Organization. a.The street address(post office boxes are not acceptable)of the principal office of the corporation of Massachusetts is: 131 Rantoul Street,Beverly,MA 01915 b.The name,residential address and post office address of each director and officer of the corporation is as follows: NAME RESIDENTIAL ADDRESS POST OFFICE ADDRESS President: please see attached rider. Treasurer: Clerk: Directors: lease see attached rider. (or officer - having the power of directors) c.The fiscal year of the corporation shall end on the last day of the month of: June d.The tunic and business address of the resident agent,if any,of the corporation is: N/A ••We further certify that the foregoing Restated Articles of Organization affect no amendments to the Articles of Organization of the corporation as heretofore amended,except amendments to the following articles.Briefly describe amendments below: Articles II, III S IV have been amended and restated in their entirety to read as set forth in the attached rider. SIGNED UNDER TI fE PENALTIES OF PERJUR is 0271- day of April 20 12 Kevin Norton,'President/ONM E)P6 )MR, �W)4g'f l William Donaldson, clerk/'n7G1Wf]4KiS0 7k. �/ •Peletr dM loop/+I/u+Me tum4. •VJ(fxrr nn un surD amrnamrnR aon',Vnne'. Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE VI b.The officers of the corporation are: Name Position Address Vincent Martelli Chair 35 Ruby Avenue, Marblehead, MA 01945 Kevin Norton President 46 Monmouth Street, Boston, MA 02128 Denis Conroy Treasurer 96 Woodlawn Avenue, Wellesley,MA 02481 Joseph Porcello Assistant Treasurer 85 Herrick Street,Beverly, MA 01915 William Donaldson Clerk 54 Ledge Road, Gloucester,MA 01930 Maryellen Lear Assistant Clerk 85 Herrick Street,Beverly, MA 01915 b.The directors of the corporation are: Name Address Kate Barrand 25 Thoreau Circle, Beverly,MA 01915 Gregory Bazylewicz, M.D. 9 Sky Top Drive, Manchester,MA 01944 Jeff Bistrong 21 Forster Road,Manchester,MA 01944 George Burke 7 Ray Street,Beverly, MA 01915 Steven Defossez,M.D. (ex-officio) 85 Herrick Street,Beverly,MA 01915 David DiChiara,M.D. 4 Treetops Lane, Danvers,MA 01923 Charles Favazzo 644 Bay Road,Hamilton, MA 01936 Charles Furlong 19 Ocean Street, Manchester, MA 01944 Tom Grant 868 Hale Street, Beverly,MA 01915 Joseph Haley 75 Paine Avenue, Prides Crossing, MA 01965 Kenneth Hanover(ex-officio) 54 Autumn Lane,Hamilton, MA 01982 Robert Irwin 2 Sagamore Road, Ipswich,MA 01938 Vincent Martelli,Jr. 35 Ruby Avenue, Marblehead,MA 01945 Paul McConnell 8 Clipper Way,Marblehead,MA 01944 Marc Meiches 43 Paine Avenue,Prides Crossing, MA 01965 Kurt Melden 42 Masconomo Street, Manchester,MA 01944 Paul Muniz 13 Brightside Avenue, Gloucester, MA 01930 Hugh O'Flynn, M.D. 18 Longmeadow Drive, Ipswich,MA 01938 Augustine O'Keeffe,M.D. 14 Boardman Avenue, Manchester, MA 01944 Nancy Palmer 9 Buttonwood Lane, Danvers,MA 01923 Jagruti Patel,M.D. 144 Grapevine Road, Wenham,MA 01984 Robert Rives 39 Forest Street,Manchester,MA 01944 A. Heaton Robertson 340 Bridge Street,S. Hamilton, MA 01982 Michael Ruane 131 William Fairfield Drive, Wenhant, MA 01984 Michael Shea I Lee Way, Rockport, MA 01966 David St. Laurent One Virginia Place, Wenham, MA 01982 6 , THE COMMONWEALTH OF MASSACHUSETTS RESTATED ARTICLES OF ORGANIZATION (General laws,Chapter 180,Section 7) 3 �76 -7y� I hereby approve the within RestatV2,dc ticIles of Organization and, the filing fee in the amount of$ having 'ccaid,said article are dcr ed to have bee filed with me this ay of 207 0 Effective Date: d•h 1 _ T�� WILLIAAI FRANCIS GALVIN Sec7rtap,of the Commonweallb n C_7 N 7 C C.7 '.7 N m Q Jt. CDCj r7 :u -9 1-7 7� = a.11 N �;l E3 U co Y O � W r- 0o TO BE FILLED IN BY CORPORATION = °i Contact information: Patrick Healy, Esq. McDermott,Will& Emery LLP 28 State Street, Boston, MA 02109 Telephone: 617-535-3837 Email; phealy@mwe.com A copy this filing will be available on-line at www.state.ma.u.Usec/cnr once the document is filed. CITY OF SALEM, MASSACHUSETTS ti3 ( fr A BUILDING DEPARTMENT J ia' 120 WASHINGTON STREET,3" FLOOR TEL.(978) 745-9595 KIMBERLEY DRISODLL FAX(978)740-9846 MAYOR THoMAS STTIERRE DIRE CPOR OF PUBLIC PROPERTY/BUILDING CO"SSIONER August I,2012 Bing-Realty Trust . Att. Stephen Haley-Trustee 43 Mason Street Salem M2. 01970 R.E Zoning Decision-41 Mason Street Dear Mr. Haley,This Department has received complaints and has been copied the zoning decision for 41 Mason Sheet heard back on March 19,2003.In this petition,relief was granted to construct an addition to the rear of 41 Mason Street. Several Standard conditions were recorded as well as conditions#8,#9,#10 and #11. Condition#11 stated that the hours of operation shall be between 7:00 A.M. and 6:00 P.M.This condition is the subject of the complaint. Specifically the dance studio and the H.E.S'group..Therefore you are directed to cease and desist operations between the hours of 6:00 P.M and 7:00 A.M. If you feel you are aggrieved by my interpretation this order,yourappeal is to the Salem Zoning Board of Appeals. Si erely zti Thomas St.Pierre cc. All Robin Stein, Att.Mark Nestor Cox? at Lm�w (�7 Z August 28, 2012 < MI City of Salem Zonill,, Board of Ai)i)e3ls Thomas St. Pierre 00 Building ljjsjj�ctor c/o Salem City Clerk, Cheryl A. Lapointe City Hall :r 93 Washington Street Salem, MA 01970 Re: Appeal from Order of Building Inspector Thomas St. Pierre, regarding Cease and Desist 41 Mason Street, Hours of Operation Dear Honorable Board: Pursuant to GL c. 40A §§ 8, 14 and 15, and Section 9.3.2 Of the Salem Zoning Ordinance, Northeast Behavioral Health Corporation (f/k/a Health and Education Se"ices, Inc.) hereby appeals the Cease and Desist older of Building Inspector Thomas St. Pierre dated Aug 1, 2012 (a COPY Of Which is attached hereto as Exhibit "A") ust. A. NATURE OF THE APPEAL This is all appeal of Mr. St. Pierre's cease and desist order only as applied 10 the operations of Northeast Behavioral Health Corporation ("NBH"). Mr. St. Pierre's decision overturned because the use and operation Should be Of the space leased by Northeast Behavioral Health Corporation,a Don-profit educational corporation Organized under the laws of the Commonwealth of Massachusetts, are cNCMp1 from zoning under the provisions of GL c. 40A §31 and because the cease and desist order as applied to the use and operation Of the property at 41 Mason Street by NBH is in excess of the legal authority of the Building inspector. B. BACKGROUND NBH, - The property in question is a commercial building with Multiple tenants one Of which, Is a non profit charitable and educational corporation within the meaning of Section 501(c) (3) of the Internal Revenue Code Of 1956, and recognized as such by the Commonwealth of Massachusetts(See exhibits I"B"and "C", attached hereto). GL c. 40A §3 Provides, in pertinent part, that "NTO Zoning Ordinance or by-law shall regulate or restrict the use of land or structures for... educational Purposes on land owned or leased... by a nonprofit educational corporation; provided, however, that such land or structures City of Salem ZoningBoa August 28, 2012 rd of Appeals Page 2 may be subject to reasonable regulations concerning the bulk and height of structures and detennining yard sizes, lot area, setbacks, open space, parking and building requirements.,, C. DISCUSSION Mr. St. Pierre's Cease and Desist order relates to a provisionin a variance granted to the owner of the property at 41 Mason Street. Subsequent to the issuance of the variance, a portion of the property was occupied by NBH and used by NBH for its educational pu Yoses. The authority of the City of Salem to regulate or restrict the use of land or structures for 11 educational purposes on land leased by a nonprofit educational corporation is limited to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building requirements". This limitation of authority is expressly recognized and codified in Section 6.5 of the Salem Ordinance which provides, in pertinent part, that "No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or structures for ... educational purposes on land owned or leased by ... a nonprofit educational corporation; provided, however, that sue], land or structures must comply with all requirements of the Zoning Ordinance conceming the bulk and height of structures, yard size, lot area, setbacks, open space, which it is located." parking and building coverage requirements of the zoning district in Inasmuch as the Cease and Desist order relates to hours of operation, it is not within the limited scope of requirements applicable to nonprofit educational uses, and is beyond the authority of the Building ],rspector under the Zoning Ordinance and under the provisions of GL c. 40A. D. REQUESTED RELIEF For the reasons set forth above, NBH respectfully requests that you overtum Mr. St. Pierre's cease and desist order as applies to NBH. Respectfully, Northeast Behavioral Health Corporation By its Attorneys, Marshall J. Handly L HANDLY & COX, P.C. b MJH:bsr.+vp i3 isr91 QTY OF SALEM, MASSA \\�' + Bt11LDINGDEPAftT1,g �lUS� 1jS 120\V/ASHING.FC,M EE-I• b KIMBERLEYDRIS�L,L TEL. (978)745-9595 FLDOR MAYOR FAX(978)740-9846 DIRECTOROPPUBLICPROM Zy/BE DING COMh9SSION7ER August 1, 2012 Bing-Realty Trust Alt. Stephen Haley-Trustee 43 Mason Sheet _--' -- Salem Ma. 01970 _— R.F. Zoning Decision-41 Mason Street Dear h1r. Haley, This Department has received complaints and has been copied the tonin Mason Street heard back on March 19,2003. rear of 41 Mason Street. Several Standard conditions were recorded as w g decision for e1 In lhis petition , relief was granted to construct an addition Condition#11 stated that the hours Of subject of the complaint. Specifically the dance sludioperation shall bndetlte 1 j 7' well as conditions 1B,tl9 x10 and to#11. cease and desist Operations between the hours of G:00 p. 00 A.M. and 6:00 P.ly E.S grou This condition is the M and 7;00 A M P•• Therefore you are directed to A you feel you are aggrieved by my interpretation this order,your a Appeals. PPeal is to the Salem Zoning Board of St erely Thomas St.Picrr� cc. Alt Robin Stein, All. Mark Nestor MISR- i FEDERAL IDE\T1rICATION i No.-R4-2777145 amincr �!LfjL' �Lotntnonlveaftf� oftlssaCl�tiset.ts - ill➢am Francis Galvin Secretary of OneAshbur on Pacc,Bostt n.A assaDcl usctts102108-1512 RESTATED ARTICLES OF ORGANIZAT70N O Name~ (General Irws, Chapter 18 APPro"J 0, Scctiun 7) !) We, Kevin Nonon .'Presidcm/7(lO,rpu and William Donaldson 'Clcrk of Northeast Behavioral Health Corporation located at 131 Rantoul Street, Beverly, MA 01915 (6arrr/nrinlr of rurpurnlion) (S'treel addrers of rurpural/un in,lfussacbnsrlls) do hereby certify that the following Restatement of the Articles of O: gonization"I'Jul"adopted at a meeting held on April ,20 12 ,bya vote of. 1 membcrY, directors,or O Being at least two-thirds of the mem shareholders tion where there is no amendment to rs or iclestuf Organl q 3Iihcd 10 v ole in meetings o(tlic corpon OB eing al least two-thirds of its members legally qualified to vote in meetin s there is an amendment to the Articles of Organization;OR 6 of the corpornion x-here Being at least two-thirds of its directors where there are nomem !,M•bers pursuant to Ccecral 180,5ection 3 and there is an amendment to the Articles of'"el cation;OR s Chapter In the ease of a corpontion having capital stock,by lite holders oral ,cast twoahirds of the caphal stock P 0 having the right Io vote therein where there is an amendment to the Articles of Organization. M H.A. O rile ow/pIt"we porde. EXHIBIT_ von,. 4 only one bar lbal a/fid/re. -----����� Nolq:/Jibe Spar'proo/drd wader any aniete or lle, on lLlr or. P.C. of sepnra/r B fp s 1 f sbnls ofpnper mllb a/rfl n,n /q o f n/s!ns a abtg/e sber/qr bon, yQldem,nddll/ons lb-11 be.el fonb oa mer ndr g os egcb anlc4 regw/rbg eacb addition is l ckarl orb.indicated only r to more Iban one nnl[le Tny 6e mnrle on y Ind/ruled 9 /Z9//9Q i ARTICLE I The name of the corporation is: Northeast Behavioral Health Corporation The Purpose ARTICLE 11 P pose of the corporation is to tngagc in the following activities: Please see attached rider. A corporation may have one II or more classes of members,AiRiTdocE'he designation o!such appointments, the duration of membership and the qualifintion and rights, including v class,may beset forth in the b , classes, the manner of election or y laws or the corporation or ma)•be set forth below: g oting rights, of the members of each Please see attached rider. "Other law rul provisions,i!an•, ARTICLE IV or of tnr • ) for the conduct and«guhlion of the business and affairs of the car dissolution,or for limiting,defining, or regulating the powtrs ofthe corporation, or of any class of members, are as followS: poration,for its P f its directors or members, Please see attached rider. or o I I "/J lArrr nrr nu prot'trlonA tlelr'A'nm' A'otr:Tbr prr<rdbrR Jour(�)nrt/<le<"I ronsidered to 6r prrnmnnd 4"d"'y O.\'(ybe<b"Sed byflling cPPMPr/a/e Arrl<ler oJArnrndnrrnl. �hc C`�olnmonlvealtlj UC ��SS'FIC1jIl5Ci.t5 William Francis Galvin Secretary of the Commonwealth One Ashburton Place,Boston, hlassachusetts 0210$_1512 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation ARTICLE Il The purpose of the corporation is to engage in the following activities: The Corporation is organized and shall be operated exclusively for charitable and .educational purposes within the meaning of Section 501 c 3 Code Of sienna as amended, and in [his connection to own,)manage hand operateou patient and residential facilities for the general provision of healthcare, disease management and the treatment of behavioral, mental health, substance abuse and related disorders or conditions;provide support residential and school based services including but not limited to shelters and other programs for mon, women, affected by mental, behavioral or other health conditions engage inor support families counseling, outreach, individual and community education and research concerning health and disease management, mental or behavioral health and related disorders; provide financial and other support to facilities and organizations engaged treatment of those afflicted with behavioral, and mental health related disorders or other health conditions; engage in research,education or community activities intended to support those so afflicted or their families and engage in the performance of mu development, comnny relations and volunteer activities, the sponsorship and development of programs and activities which are charitable, scientific or educational in nature and which address the physical or mental health needs of the community at large and all activities directly or indirectly related to the foregoing. In furtherance of the foregoing purposes, and subject to the Bylaws as the same may e amended from time to time, the Corporation shall have the following powers: b (a) to purchase, receive,take by grant,gift, devise,bequest or o[hcruise, lease, or otherwise acquire,overt, hold,improve, employ, use and otherwise deal in and With, real or personal property,or any interest therein, wherever situated; (b) to sell, convey,y build, own, lease,exchange, transfer or otherwise dispose of, or mortgage,pledge, encumber or create a security interest in,all or any of its Properly, or any interest therein, wherever situated; (c) to purchase, lake,receive, subscribe employ, difor, or otherwise acquire,own, hold, vote, and other 0 spose of,mortgage,pledge, use and otherwise deal in and with, bonds bligations,shares, or other securities or interests issued by others, Rider to Restated Articles Oro rganiration of lTerent business N ovcast Behavioral Health Corporation ++hether engaged in similar or digovernmental, or other activities; (d) ro make contracts,give guarantees and incur liabilities, borrow rates of interest as the Corporation may determine; issue its notes, bonds and Other obligations money at such encumbrance of, or securi yin 7eS1��s obligations by Mortgage, therein, wherever situated; pledge or nt y of its properly or any interest (e) to lend money, invest and reinvest its funds, and take and hold real and personal property as security for the repayment of funds so loaned or invested; (� to make donations or contributions only for religious,charitable, scientific, literary or educational purposes; and (g) to have and exercise all powers necessary or convenient to effect any or all of the Purposes for which the Corporation is formed; Power shall er exercised in a manner inconsistent with h4assachusetts General Provided, however ver that no such Laws, Chapter 180 or the General Laws of the Commonwealth, 501(c)(3) of the Internal Revenue Code as now in force or as hereafter amended. or Section ARTICLE III Classes, the manner of election corporation may have one or more classes of members. If it does, the designation Of such qualifica clor appointments, the duration ofntembershsand the tion and rights, including voting rights, of the members of each class, the by-laws of the corporation or may be set forth below; may be set forth in The sole member of the Corporation shall be Northeast Health System, Inc. (the"Sole Member"). The Sole Member shall have the right to exercise all powers conferred on members ofnon-profit corporations under including, without limitation powers with r specs ho the followinusetis l L'Ws these Restated Articles of Or Chapter 180, I Merit 0 of all or substmend antially all of the C Ptpra�,on'she sale, lease,excha Fe or other disposition consolidation of the Corporation with radon,so Peny and assets; c Corporation's actions corporation; ( ) the merger or as the sole co (d)approval of the Powers as set forth in the Bylaws of herCo member of its affiliates appointment,the duration of membershipand theton• The manner of election p such other Sole Member shall be set forth in the By aws of the Corporation.cation and other rights of the rporation. 2 Rider to Restated Articles of organization of Northeast Behavioral Health Corporation ARTICLE IV Other lawful provisions, if any corporation, for it , for the conduct and regulation of the business and affairs of the I voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or members, or of any class of members, are as follows: 4-1 The Corporation shall have in furtherance of its corporate purposes all of the Powers specified in Section 6 of Chapter 180 and in Sections 9 and 9A of Chapter 156B of the Massachusetts General Laws(except those provided in Paragraph of said Section 9)as now in force or as hereafter amended,and may carry operation or activity referred to in Article? n (m) individual, either alone or in ato in venture or file same aa extent as might i h ers or through a wholly might others, olled that no such Power shall lbe exert edor c nnarmaREQX!4d, however nne� consistent With said Chapter 1 g0 or any other chapter of the Massachusetts General Laws or inconsistent with the exemption from federal income tax to which the Corporation shall be entitled under Stenon 501(c)(3)of the Internal Revenuc Code. 4.2 The Trustees may make, amend or repeal the Bybject to Bylaws in whole or in the approval of the Solc Member and the Sole Member ma y make, amend or repeal the Bylaws in whole or in pan on its own initiative, pall an su 4.3 Meetings of the Sole Member and meetings of the Trustees(and meetings of any committees elected or appointed by the Trustees)may be held anywhere in the United States. I 4.4 The Corporation shall, to the extent legally permissible and in accordance with the Bylaws as the same may be amended from time to time,protect the Trustees and officers of the Corporation and members of Committees Board of Trustees of the Corporation against personal liabilitestablished by the y for any debt, liability, or obligation of the Corporation. 4.5 The Corporation shall,to the extent legally permissible and i the Bylaws as the same may be amended from timn accordance with e to time, indemnify the Sole Member as well as each person who is serving,or who has served at any time as a Trustee or officer of the Corporation or of any of its affiliates, (ii)as a member of a committee established by the Board of Trustees of the Corporation t) or of any of its affiliates,(iii)as an employee of the Corporation, or(iv)at the Corporation's request as a member, a capacity with respect to any trustee or officer of another organization or in employee benefit plan of the Corporation. 4.6 (a) No person shall be disqualified from holding any office by reason of any interest. In the absence of fraud, any Trustee, officer or member of this Corporation,or any concern in which any such Trustee, officer, or member has a part any interest,may be y to,or may be pecuniarily or otherwise interested in, 3 Rider to Restated Articles of Organization of Northeast Behavioral Health Corporation any contract,act or other transaction (collectively called a " Corporation, and transaction')of this (1) such transaction shall not be in any way invalidated or otherwise affected by that fact; and (2) no such Trustee, officer, member or cuiicent shall be liable to account to this Corporation for any profit or benefit realized through any such transaction; Provided, however that such transaction either was fair at the time it was entered into or is authorized or ratified either(i) by a majority of the Trustees who are not so interested and to whom the nature of such interest has vote of the Sole Member at any meeting of the been disclosed; or re by Trustees the notice of which, or an accompanviSole Member or meeting of the ng statement,summarizes the nature of the transaction and such interest. No interested Trustee of this Corporation may vote or may be counted in determining the existence of a quorum at any meeting at which such transaction shall be authorized, but the request of the Board of Trustees of the Corporation, thereof. ma}', at Participate in discussion (b) For purposes of this Section 4.6, the term "Interest"shall include personal interest, interest of a family member, and interest as a trustee, director, officer,stockholder, shareholder, overseer, member or beneficiary of any concent; and the term "concent"shall mean any corporation, association, trust,partnership, firm,person or other entity other than this Corporation. (c) No transaction shall be voided by reason of any provisions of this 4.6 which would be valid but for such provisions. Section 4.7 No pan of the assets or net earnings of the Corporation shall inure to the benefit of any member, officer or Trustee of the Corporation or any individual; no substantial pan of the activities of the Corporation shall be the carrying on of Propaganda, or otherwise attempting, to influence legislation except to the extent Permitted by Section 501(h)of the Internal Revenue Code; and the Co shall not s),participate in, or intervene in (including the Publishing statements) an rporation candidate for public offlce.itlis intended that the Co o or distributing of 8n on behalf of(or in opposition to)any exemption from federal income tax under Section Co50 rporation ration shall be entitled to ) of the Internal Revenue Code and shall not be a private foundation under 3Section 509(a) of the Internal Revenue Code. 4•8 If and so long as the Corporatio Section n is a private foundation (as that tern is defined in provisio509 of the Intemal Revenue Code), then notwithstanding any other ns of the Articles of Organization or the Byla%vs of the Co following provisions shall apply; rporation, the 4 Rider to Restated Articles oforganization of t'onhc2sl Behavioral Health Corporation - (a) the income of the Corporation for each taxable year shall be distributed at such time and in such manner as not to subject the Corporation to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code, and (b) the Corporation shall not engage any set orsi,ucai;n r Scction 4941(d)of the lntemal Revenue Code),not retain any exces business holdings(as defined in Section 4943(c)of the Intema)Revs enue Code), nor make any investments in such manner as to subject the Corporation to tax under Scction 4944 of the Internal Revenue Code, nor make any taxable expenditures(as defined in Section 4945(d)of the Internal Revenue Code). 4.9 Upon the liquidation or dissolution of the Corporation, after payment of all of the liabilities of the Corporation or due provision therefor,all ot Corporation shall be disposed of to the assets of the Lahey Health S}-stem, Inc. or Northeast Health System, Inc., both of which are Massachusetts non- rofit co long as either entity is then exempt from federal income lax under Section 501 c 3 p corporations so ( )( )of the lntemal to Revenue Code, or if either entity is not then so exempt, one or more organizations exempt from federal income tax under Section 501(c)(3)of the Internal Revenue Code. 4.10 The Corporation shall not discriminate in administering its policies and or in the employment of its personnel on the basis of race, color, religion,national or ethnic origin,sex programs B , handicap or otherwise. 4.11 All references herein: (i)to the Internal Revenue the Internal Revenue Code of 1986, as now in force or hereafter a the General Laws of The Commonwealth of M Code shall be deemed to refer to Massachusetts,or an mended; (ii)to I thereof, shall be deemed to refer to said General Laws or chapter as now in force or hereafter amended; and(iii)to Y chapter ar e said General Laws shall be deem dtto refer to sitm tart or she o cessoernal R provisions dc hereafter adopted. I 5 The cffccrive dale of the Restated Articles nl Organization of CLE V rclary of the Commonweahh. If a Parer effective dare is on Of the npedfv such Ja,a we the dale approved after the daie of filing, o' bei and filed i hich shall nal be more than thirty Scc- Y da)s ' May 1,2012 The inforritauon contained in Article VI Is nota ARTICLE V1 Permanent parr of the Articles for,a I � a."Phe street address(post office boxes arc not nlzation. xre^;- 131 Rantoul of "'"Principal ufhcc of rhe corpnntion m,I Street, Beverly, MA 01915 fuuncGurerrr is: b.The name,resiJeniial address and post office address of each director and officer or,he corporation is as follows: flresidcnt: NAME RESIDENTIAL ADDRESS Please see attached rider. POST OFFICE ADDRESS Treasurer: Clerk: Directors: Please see attached rider. L (or officers i having the - posvcrs or I dirccrurs) . I ' I I � c.The fiscal e year of the corporation shall end on the las,Jay of the month or June d.The name and business address of the resident agent,if any, of the corporation is: N/A "We further certify that ,he foregoing Restated An1cla of Organization affect no amend Organization d the corporation as heretofore amended,except amendments to rhe follow In drserlbe atncndments bclosv: mens,o Ole Articles of Articles II, g articles.Arieny III 6 IV have been amended and restated in their entirety to read as set forth in the attached rider. SIGNED UNDER TIIE PENALTIES OF PERJUR is day or April 20 12 Kevin Norton,'President/•tyd(.W, lj t . -Clerk/•AMWE;l. 'I!<•!rh•Ilq hrn%/4/auMr u.o�L. •I//ben•r,K nn rua7r urnnrJmrnq ara/r',15,nr� i Rider to Restated nnicies of 0rganiZaiion of Northeast Behavioral Health Corporation ARTICLE VI b. The officers of the corporation are: Name Position Vincent A9artelli Address Chair 35 Ruby Avenue, r , Kevin Norton Presider:) Marblehead,MA 01945 Denis Conroy Treasurer 46 Monmouth Strcct, Boston, 1, 02128 Joseph Porcello96 N Ood)a%%,Avenue, Wellesley, MA 02481 Assistant Treasurer WilliDonaldson ClAssi85 Herrick Street, Beverly, MA 01915 am er Maryellen Lear 54 Ledge Road, Gloucester, MA 01930 stant k Clerk 85 Herrick Street, Beverly, AIA 01915 b. The directors of the corporation are: Name Kate Barrand Address 25 Thoreau Circle, Beverly, MA 01915 Gregory Dazylewicz, �g,p, Jeff Bistrong 9 Sky Top Drive, Manchester, MA 01944 George Burke 21 Forster Road, Manchester, MA 01944 Steven Defossez, M.D. (ex-officio 7R, Street, Beverly, MA 01915 David DiChiara,M.D. 85 Herrick Street, Beverly, MA 01915 Charles Favazzo 4 Treetops Lane,Dam•crs, MA 01923 Charles Furlong 644 Bay Road, Hamilton, hgq 01936 Tom Grant 19 Ocean Street, Manchester, MA 01944 Joseph Haley 868 Hale Street, Beverly, A4A 01915 Kenneth Hanover(ex-officio 75 Paine Avenue, Prides Crossing, MA 01965 Robert Irwin ) 54 Autumn Lane, Hamilton, A9A 01982 Vincent Martelli, Jr. 2 Sagamore Road, Ipswich, MA 01938 Paul McConnell 35 Ruby Avenue,Marblehead, MA 01945 iMarc Meiches 8 ChPPcr Way, Marblehead, MA 01944 Kurt Melden 43 Paine Avenue, Prides Crossing, MA 01965 Paul Muniz 42 Mascono 10 Street, Manchester,MA 01944 Hugh CtTlynn,M.D. 13 Brightside Avenue, Gloucester, MA 01930 AI8 Longmeadow Drive, Ipswich, MA 01938 Augustine O'Keeffe, M.D. 14 Boardman Avenue, Manchester, MA 01944 Nancy Palmer 9 buttonwood Lane, Danvers, MA 01923 Jagruti Patel,M.D. Robert Rives 144 Grapevine Road, Wenham, MA 01984 A. Heaton obertson 39 Forest Street, Manchester, MA 01944 R Michael Rue 340 Bridge Street, S. Hamilton, MA an0198 Michael Shea 31 William Fairfield Drive, lvenham, MA201984 David St. Laurent I Lee Way, Rockport,MA 01966 One Virginia Place, Wenham,MA 01982 6 77IE COMAlONNXTALTH OF AIASSACHUSEI-i-S RESTATED ARTICLES OF ORGANIZATION (General fin's, Chapter 280, Section 7) I hereby approve the within Restaood Articles of Organization and, �7G the fling fee in the amount ors-. '55---- having bee aid,laid article/are deemed to have bec filled with me this I ay of Effective Dare: WILLIAM FRANCIS GALVIN Seortm)•of the ear1psonivea6/, n E3 v w TO BE FILLED IN B1'CORPORATION -5 cm = rj Oi Contact information; ` Patrick Healy, Esq. McDermott, Will& Emery LLP 28 State Street, Boston, MA 02109 'felt pho nc: 617-535-3837 Email; phealy@mwe.com A copy this filing will be ovoilable on-line at wwwyum.ma.us/sec/mr once the document is filed. uuam rrancas Ualvin - Public Browse and Search Page ] of3 -�' The Commonwealth Of Massachusetts t. a William Francis Galvin e Secretary of the Conunonwealth, Corporations Division �, �► One Ashburion Place, 17th floor ' ,yr Boston, MA 02103-1512 I. Telephone: (617) 727-9640 NORTHEAST BEHAVIORAL HE-:LTH CORPOF,,%..,N Summary Screen f HEIp wll l Request a CertificarA The exact name of the Nonprofit Corporation: NORTHEAST BEHAVIORAL HEALTH CORPORA? The name was changed from: HEALTH &. EDUCATIO\' SERVICES. INC. on 3/22 Merged with NUVA INC on 7/1/1995 8/ 01 ] Merged with GREATER CAPE ANN HUMAN SERVICES. RSC. on 7/1/1995 Merged with PROJECT RAP INC. on 7/1/1995 Merged with RESIDENTIAL EDUCATIONAL SERVICES. INC on 7/1/1997 Merged with CFD OF BEVERLY ItdC. on 92003 Entity Type: Nonprofit Corporation Identification Number: 042777145 Old Federal Employer Identification Number(Old FEIN): (100107197 Date of Organization in Massachusetts: 09/29/1952 Current Fiscal Month /Day: 06/30 The location of its principal office in Massachusetts: Previous Fiscal Month I D. No. and Street: 131 RANTOUL STREET City or Town: gE�r-y-, State: AIA Zip: 01915 try:USA If the business entity is organized wholly to do business outsi No. and Street: de Massachusetts, the location of that oft City or Town: The name and address of the Resident Agent: State: Zip: Country: Name: No. and Street: City or Town: State: Zip: Country: The officers and all of the directors of the corporation: — EXHIBIT http://corp.sec.state.nia-Us/corp/corpsearcli/CorpSearchSunimary.asp?ReadFrornDB=True... 8/2R/7n17 - - „'tarn rrancls Cialcin -Public Browse and Search Page 2 r!'3 Title Individual Name First,fditltlle,Last,SutOn Address Ino Po eorl Address.City or Town,State,Zip Code —' PRESIDENT KEVIN NORTON 0 46 MONMOUTH ST. BOSTON,MA 02128 USA TREASURER DENIS CONROY 96 WOODLAWN AVE. WELLESLEY.MA 02481 USA CLERK WILLIAM DONALDSON 54 LEDGE ROAD GLOUCESTER,MA 01930 USA I DIRECTOR KATE Ba.P,RA,":n t 25 THOREAU CIR. I BEVERLY,MA 01915 USA DIRECTOR GREGORY BA2YLEV✓IC A4.D. 9 SKY TOP MANCHESTER,MA 01944 OR. USA I DIRECTOR ,IEEE BISTRONG _ 21 FORSTER RD. MANCHESTER,MA 01944 USA DIRECTOR GEORGE BURKE 7RAY ST. (— BEVERLY,MA 01915 USA DIRECTOR SEE DOCUMENT FOR ADDITIONAL NAMES SAME SAME.MA 00000 USA i Consent _ Manufacturer _ Confidential Data _ Does Not RequireAnnu-! Rel _ Partnership _ Resident Agent For Profit-- Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Annual Repoli Application For Revival Articles of Amendment Articles of Consolidation - Foreign and Domestic View Filings New Search Ccrnl btIP://COrP.sec.state.ma.us/corp/corpsearcl1/COIpSearchSumlu WY-asP?ReadFromDB=True... S/2S."1112 aUU 3carcll YaQL: .; ®2001-2012 Commonwealth of Massachusetts All Rights Reserved http://corp-sec-state.nia.us/corp/corpscai-cli/CorpSearc]iSummaiy.asp?ReadFroniDB=True... 8/28 --012 Certificate No: 1115-07 Building Permit No.: 1115-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0041 MASON STREET ---------------------------------------- -in the CITY OF SALEM - ---------------- ------------------------------- ---------------------------------- Address Town/CiryName IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 3 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires - -- - ----------- unless sooner suspended or revoked. Expiration Date Issued On:Tue Aug 28,2007 GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. CITY OF SALEM BUILDING PERMIT 0041 MASON STREET �� 1115-07 GIS p#: 267 COMMONWEALTH OF MASSACHUSETTS Block: CITY OF SALEM Lot: 0087 Category: TENNANT FIT OUT Permit# 1115-07 BUILDING PERMIT Project# JS-2007 001802 Est.Cost: $25,000.00 Fee Charged:' $280.00 Balance Dae: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: ESSEX COUNTY CARPENTRY STATE-C5025036 Lot Stzetxq. ft.?: ,30055 — f:Jpncr: -TNG RRA.LTY TRUST Zoning. 'BP Units Gained: Applicant: ESSEX COUNTY CARPENTRY Units Lost: AT: 0041 MASON STREET Dig Safe#: ISSUED ON: 20-Jun-2007 AMENDED ON: EXPIRES ON: 20-Nov-2007 TO PERFORM THE FOLLOWING WORK: TENNANT FIT-OUT UNIT# 1 POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: - Underground: Underground: Excavation: Service: / �/Q Meter: / of Footings: Rough: ' Rough: Rough �~ n Foundation: Final: 8/I%� � Final: Final: �Qr Q / Rough Frame: 1 z Fireplace/Chimney: D.P.W. Fire, t'A1( U. Health Meter: _ Insulation: House# ok l/` y� Final: OV Water: �u Treasury:r` �. t Sewer: i THIS PERMIT MAY REVOKED BY THE CITY OF SALEM UPON VIO I Y FITS RULES AND REGULATIONS. Signature: Fee Type: - Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007-002201 20-Jun-07 1143 $280.00 An inspection is BEQUISW - . I*=winpletionotwo ,plBalloll. Call for Permit to OCCUPY 745.9595 ExL 36S GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. / r •s - � a �I A� YSpYE AO CITY OF SALEM BUILDING - PERMIT L h Certificate No: 502-07 Building Permit No.: 502-07 Commonwealth of Massachusetts City of Salem Building.Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0041 MASON STREET in the CITY OF SALEM ------------------------------------------------------------------------ --- ----------------- - _.._....._-------- --- ---..... Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 6 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires - - - - --------------- ----_-_-_ ------ unless sooner suspended or revoked. Expiration Date Issued On: Tue Feb 6,2007 -- GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. - --------- ---------------------------- -------------------- ----------------_______-__............._---— CITY OF SALEM BUILDING PERMIT Certificate No: 502-07 Building Permit No.: 502-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0041 MASON STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 6 This permit is granted in conformity with the Statutes and ordinances relanng thereto, and expires ---------------------- .................... unless sooner suspended of revoked. Expiration Date Issued On: Tue Feb 6,2007 Geoi 2007 Des Landers Municipal Solutions,Inc. -__.- r � � o �• �� �� p1YRIS� ��5 civt� 0041 MASON STREET - ---- - ---_�- - -�-- _ - - 502-07 GIS# 277 _ j COMMONWEALTH OF MASSACHUSETTS IMap: 26 Block: CITY OF SALEM Lot 10087 Categor PENANT FIT OUT Permit# 502-07 BUILDING IRERMIT Project# JS-2007-000754' Est.Cost: $2-,000.00 Fee Charged. 4 Balance Due:, S PERMISSION IS HEREBY Gfi ANTED TO: Const'Class: __ Contractor: License; Expires Use Group: - ESSEX COUNTY CARPENTRY STATE-.C5025036 Lot Size(sq. ft.): 30055 Owner JONES A JOSEPH A Zoning: . 'BP Units Gained: Appicant: JONES A JOSEPH A Units Lost: AT: 0041 MASON STREET Dig Safe#: ��— ISSUED ON. 11-Dec-2006 AMENDED ON: EXPIRES ON: 11-Jun-1200 TO PERFORM THE FOLLOWING WORK: TENNANT FIT UP T.J.S. P POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Buildi g Underground: Underground: Underground: Excavation: Service: Meter: Footings: _ Rough: �I//// Rough: V\ Rough:C IC Foundation: r Final://„v/p � Final: Finaho Rough Frame: fff ! Firepl we/Chimney: D.P.W. Fire Health — ' Insulation: Meter: Final: 0(1 house# mok 11-71-o -) /�/ Treasury: ,) ") Water. ar Sewer: t 0 ers: h O / p grtNUaQ' DI— QI66 . to Gr..GI THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON LATION OF ANY OF ITS„ RULES AND REGULATIONS. (T Signature: 00 Pee Type: Receipt No: Date Paid: Check No: Amount: build REC-2007-000918 II-Dec-06 0 5280.00 l BUILDING REC-2007-000917 II-Dec-06 8808 $25.00 Gail for Permit to Occupy Geo TMS©2006 Des Lauriers Municipal Solutions,Inc. e 10 vsave CITY OF SALEM- BUILDING PERMIT COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION NO. 2013-00094-D STEPHEN W. HALEY, as trustee' Plaintiff, VS. REBECCA CURRAN& others12 Defendants. MEMORANDUM OF DECISION AND ORDER ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT Plaintiff requests judicial review of Defendants' actions pursuant to G. L. c. 40A, § 17. Specifically, Plaintiff challenges the denial of a petition to amend a zoning variance and the issuance of cease and desist orders regarding the operation of a dance studio at 41 Mason Street, Salem, Massachusetts. This matter is currently before the court on the parties' Cross-Motions for Summary Judgment. A hearing on the motions was held on October 30, 2014. For the reasons set forth below, Plaintiff s motion is ALLOWED,and Defendants' motion is DENIED. 'Of the Bing Realty Trust 2Jamie Metsch, Annie Harris, Michael Duffy, Bonnie Belair, Jimmy Tsitsinos, and Richard Dionne, as Members of the Zoning Board of Appeals of the City of Salem, and Thomas St. Pierre, as Building Commissioner of the City of Salem BACKGROUND 1. The Parties' Plaintiff, as trustee of the Bing Realty Trust, owns the building located at 41 Mason Street, Salem, Massachusetts ("property"). Defendants include the members of the Zoning Board of Appeals for Salem("Zoning Board"), as well as Salem's Building Commissioner ("Commissioner"), all sued in their official capacities. II. The Property In 2003, Plaintiff operated an auto parts business on the property. At that time, the area was zoned Industrial. Plaintiff petitioned the Zoning Board for a variance that would allow him to expand the property. In March 2003, the Zoning Board granted Plaintiff his requested variance ("2003 Variance"), but included certain conditions. Thus,while the 2003 Variance permitted commercial and light industrial use of the property, it also explicitly required that the property adhere to all applicable regulations and stated that any"[h]ours of operation shall be between 7:00 a.m. and 6:00 p.m." In September 2005, the Commissioner authorized, by building permit, the use of the property as a dance studio. The dance studio opened soon after the permit was issued. The parties agree that the use of the property as a dance studio at no time has violated any zoning ordinance or other applicable regulation. Indeed, the Defendants admit that"both the structure, with its variance, and the dance studio is compliant," and "[t]he fact is that the use of the 'The facts set forth in Sections I-IV appear to be uncontested from the documents, affidavits, Rule 9A(b)(5) Statement, and memoranda submitted by the parties. 2 business is not an issue, only its hours of operation." Defendants' Opposition at 7-8. However, since it opened in 2005, the dance studio has been operating until 9:00 p.m. III. The Cease and Desist Order and Request to Amend the 2003 Variance In August 2012, the Commissioner issued a cease and desist order("C&D order") to Plaintiff at the request of several community members. Residential neighbors living near the property noted that while other commercial enterprises in the area closed at 6:00 p.m.,the dance studio remained open until 9:00 p.m. The neighbors alleged significant disturbances as a result of the dance studio's later business hours, including increased traffic, decreased parking availability, and noise. In November 2012, Plaintiff approached the Zoning Board with a petition to amend the 2003 Variance to extend to 9:00 p.m. the property's permitted hours of operation. A public hearing was held in December 2012, during which both proponents and opponents of the amendment voiced their support and complaints,respectively. On January 2, 2013,the Zoning Board issued a decision ("2013 Decision") denying Plaintiff's petition for an amendment to the 2003 Variance. IV. Procedural Background On January 18, 2013, Plaintiff filed a complaint ("Plaintiff s Appeal") with the Superior Court seeking judicial review of the 2013 Decision. In April 2013,while Plaintiff s Appeal was pending,the Commissioner issued another C&D order to Plaintiff regarding the property's hours of operation. The parties have since filed Cross-Motions for Summary Judgment. 3 DISCUSSION In support of its motion for summary judgment, Plaintiff argues that the 2013 Decision is unsupported by facts, arbitrary, irrational, and unlawfully discriminatory. Plaintiff also asserts that, regardless of the 2013 Decision, Defendants' actions are barred by the statute of limitations under G. L. c. 40A, § 7. Defendants maintain that both the 2013 Decision and the C&D orders are proper. Defendants also argue that Plaintiff has failed to exhaust his administrative remedies, and, thus, he has waived his right to seek judicial- The court is persuaded that Plaintiff is entitled to summary judgment in this matter because, as a matter of law, Defendants' actions are barred by the statute of limitations set forth in G. L. c. 40A, § 7. I. Standard of Review Summary judgment is appropriate where there are no genuine issues of material fact and the moving parry is entitled to judgment as a matter of law. Mass. R. Civ. P. 56(c); t Kourouvacilis v. General Motors Corp.,410 Mass. 706, 716 (1991). The nonmoving party cannot defeat the well-pleaded motion for summary judgment by resting on its pleadings; rather, it must respond by alleging specific facts demonstrating the existence of a genuine issue for trial, Correllas v. Viveiros, 410 Mass. 314, 317 (1991). As Defendants point out, summary judgment generally allows for prompt disposition of all or part of a controversy where no salient disputes of fact exist among the parties. See Jaxtimer v. Planning Bd. of Nantucket, 38 Mass. App. Ct. 23, 25 (1995). 4 II. Statute of Limitations Under G. L. c. 40A, § 7 The court agrees with Plaintiff that Defendants' actions are barred by a six-year statute of limitations pursuant to G. L. c. 40A, § 7. The law provides, in pertinent part, "[I]f real property has been . . . used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits, no action [to limit] the use allowed by said permit . . . shall be maintained, unless such action [is brought] within six years next after the commencement of the alleged violation of law." G. L. c. 40A, § 7 (2014 ed.): Here,there is no dispute that the Zoning Board was authorized to issue the 2003 Variance. Likewise, Defendants admit that the use of the property for a dance studio is not, nor ever has been, a violation of the core use allowed by the 2003 Variance and applicable ordinances. Defendants only seek to limit that use to the hours of operation outlined in the 2003 Variance: 7:00 a.m. to 6:00 p.m. Defendants did not challenge the dance studio's operation until the first C&D order was issued in August 2012,nearly seven years after the alleged violation commenced in September 2005. After careful review of the statute and relevant case law,this court finds that G. L. c. 40A, § 7 protects Plaintiff from Defendants' actions. Defendants argue that G. L. c. 40A, § 7 does not apply to the case at bar because the Commissioner"never issued a permit allowing the dance studio to operate after 6:00 p.m." Defendant's Opposition at 8. While it is true that no permit of such specificity was ever issued, Massachusetts courts have not interpreted G. L. c. 40A, § 7 to apply so narrowly. The Supreme Judicial Court has stated that Section 7 "is not limited only to a new and distinct use to which a new building would be put . . . . The use may be a new one or it may be the same as the use to which an existing structure on the land is being put." Cape Resort Hotels, Inc. v. Alcoholic 5 Licensiniz Bd. of Falmouth, 385 Mass. 205, 218 (1982). The Cane Resort Court then went on to acknowledge that the lower court in that case"correctly interpreted the words `original building permit' as meaning the first permit issued with respect to a particular improvement of real property." Id. Here, the relevant"original building permit"was the 2003 Variance that the Zoning Board issued to Plaintiff over ten years ago. The use of the property as a dance studio has not violated the actual use authorized in the 2003 Variance; rather, it has exceeded the condition limiting the operating hours for that use. Thus, it is clear that the statute of limitations set forth in G. L. c. 40A, § 7 applies to the original use as a dance studio for hours past 6:00 p.m. Defendants, as well as any perturbed neighbors in the area, had ample time to challenge the dance studio's extended business hours between 2005 and 2012. Instead, on this record,the very first opposition brought against Plaintiff was the Commissioner's first 2012 C&D order, after the dance studio had been operating until 9:00 p.m. for nearly seven years. The fault of Defendants to act within six years of the commencement of that use is fatal, as the statute of limitations expired in 2011. Defendants further argue that the Appeals Court decision in Lord controls this case. The court disagrees, as the reasoning in Lord turns on whether or not the specific use challenged was in violation of local zoning laws. Lord v. Zoning Bd. of Appeals of Somerset, 30 Mass. App. Ct. 226, 227-228 (1991). Because the Court found that the plaintiff's use of his property as a two- family residence, where the area had been zoned for single-family residences only, was always already an improper use, it determined that G. L. c. 40A, § 7 did not protect such a use. Id. at 228. 6 Here, in contrast, all parties agree that the property's use as a dance studio has never violated any zoning ordinance or other applicable law. Thus, rather than seeking relief from a violative use, as was the case in Lord, Defendants insist on limiting the legal use of the dance studio after it has been operating until 9:00 p.m. for over seven years. Moreover, in Lord, unlike the instant case, City officials were unaware of the use of the property as a two-family residential in clear violation of the zoning ordinance until the issuance of the C&D order. Here,there are no facts in the record tending to show that Defendants did not have notice of the dance studio's extended hours until August 2012. Rather, Defendants not only knew of the compliant use of the property as a dance studio,but also were aware of its extended hours of operation, since September 2005. Therefore, because their first action in opposition was taken outside the six year statute of limitations period outlined in G. L. c. 40A, § 7, Defendants' challenges are barred as a matter of law. The court declines to examine the parties' other arguments, as its ruling regarding the statute of limitations issue is dispositive.4 4The court notes its consideration of Defendants' argument that Plaintiff has not fully exhausted his administrative remedies. However,though Plaintiff did not appeal the August 2012 C&D order, Plaintiff did petition the Zoning Board for an amendment to the 2003 Variance soon after. When that petition was denied, Plaintiff then proceeded with action for judicial review. Regardless of whether this sufficiently exhausted Plaintiff s administrative remedies, the court holds that the statute of limitations under G. L. c. 40A, § 7 had expired by the time the Commissioner acted in 2012. Therefore,that issue is dispositive. See Saint Luke's Hospital v. Labor Relations Comm'n, 320 Mass. 467, 470-471 (1946) (holding that where all material facts submitted indicate that the applicable commission lacked jurisdiction to entertain the proceedings at issue, a citizen is no longer compelled to participate in such administrative procedures). 7 ORDER For the reasons set forth above, it is hereby ORDERED that Plaintiff s Motion for Summary Judgment be ALLOWED, and Defendants' Cross-Motion for Summary Judgment be DENIED. SO ORDERED. Hon. Thomas Drechsler Justice of the Superior Court Dated:November 4 2014 8 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signa re item 4 if Restricted Delivery is desired. ❑Agent IIIPrint your name and address on the reverse X ❑Addressee so that we can return the card to you. _D._5a4ivecI by(Printed Name) C. D to of Delivery III Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address d'dfererrt from Item t? ❑Yes 1. Articl ddressed t//o:// If YES,enter delivery address below: ❑ No 3. Service Type v G r ❑CaNfed Mail ❑Express ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail . ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage 8,Fees Paid USPS Permit No.G-1n • Sender: Please print your name, address, and ZIP+4 in this box ° city Of Salem Building Department 120 Washington Street Salem, MA 01970 ,Zi,S„2 a_, IIIII1I'ii1P niulllriill.1Hf II[fill-1.1IIIH"11111i1d^u EI'I"`�"Ol� --- ��� PUBLIC PROPERTY � , , DEPr1R'TbIE,�1T � t I:I�O►FJtraY DRISCW1 �I.��ro� 1�W,Wu1�. [�N S77FbT� ' . ••�� Ntitt�a��stins 01970 'Ii•7_97D-7iS-9S9S�F�97{.Np9lK APPLICATION FOR THE REPAIR RENOVATION. CONSTRUCTION. DEMOLITION. OR CAANGE OF USE OR OCCUPANCY. FOR ANY EXISTING STRUCfURE OR Bi.TII.DING . 1.0 SITE INFORINATION � �� � � � Locatlon Nams: Buildfng; �°p°"s'�e°"a�: -t`j-�,�soa1---JT Cl��fi / Property b toeated in a;Coneavatlon Aroa YM Hiatoric Olatrid YIN 1.0 OWNERSHIP INFORNUTION Z.1 Ownar ot Land � � �t �_� Nams: � G 1. /�A Addreaa: �� �u v ✓��� q7�'�7s�yvyi i Telephone: , 3.0 COMPLETE THIS SECTION FOR WORK iN EXIS.LNG BUILDING9 ONLY Addition Existing Renovation x Number of Stories Renovated � M Change in Use New Demolition ExisUng Approximate year of Area per floo� (s� Renovated Z y ' construction or ranovation �(�� New � '' of existing building &ief Description ot Proposed Work: �u� �cl bu�- o� 0�'C` S�'��- ----- --- - - - - Mail Permit to: , � I I � � IEK1111T # / — 1 m -� � � � 9 a � � � �' � � � � ! � � � � � � � � � u pPlicatiou for r t to: � � �, i .",� °' W � .� � �P_�fT 42/�s��-ou� � � 3 i S � � � " � i -`-n �. m � 3 � M � � � Z � a3 s � ' tn li m �i °, � � � � c� n' ^ � � � � � � a � � �.°"'�'�►`�/lAsa,� s�. ��M, ,—� ,, � � ; o � �� � ; T, ` _ � �, �, � s �� fqrmit Gr�uted � g � � � � �- � � ; � 1 S zo� � � d a � � � � �.' � � `-� !, v $ a � � � � � � I pr ved by: d Z .� � o � r' � � � o�., � , �: v m a c+ce c � a. m $ �S' � � / ' tor uf B � ps � a z ' v � a � / � f m g m i X � � 3 � � � � � �- � p � � � s � � � � � r m � � o � � � � � � p ^ � � � � � � I a X X h � ' � g � M � � � �. °"� ,� m o� • s � � � � � �' Ug � g � $ it F �i + � r y� �^ �i $ m � � � ' � � � � , � � , . � � ' � �, ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . _ . . . - - - - - - - - - - - - - - - - - - - - - ————� , , , ------� ; , , _ --------� ; , i , I i I . . . . . . , J � - - - � :::::: ::::: : :: ::: :: ::. �1 I ; � , I � , � I i � ; � � � : � ; I z:.., .,_.. r_.,. ._ . . .. .. - .. ._ , , I �� �� I — — V _ _ _ _ — - - � � O . � ❑ I I j ' i i� \� � 1 � i� I � o � i i � , i �, , o a _ I ����� -/ L - _ �J L _ _ � ' L _ � � �� J . . � � . /� / • . � . . —_—_________ El�ct. Jan. �avatory IGitchenette � �— � closet - '� ,. H H.�Mo 'rant & Co., Inc. ; _ � � � � i i � � / .� ' ; Architects : I = o // ; r.o. sox aass � � � _: � �� � � 221 Waehington Street ,. _ // I � / 3alem, MaesacLaeette 01976-3633 � � � / / � . .�. _.,.�...w...,a. �;-t ...._�.. �::;;:-r ,,. :�. . ...-� / � . � . . / / . � . .,�:.. .' . . .�:.r ..,,«n....�,:... .:� . .' � � � . � � . i / I ' . / I _ _ _ _ _ _ _ I I " . . ; � �� �/ � / �: � (978) 740-9161 Fax � � //� �/ ; Conanitente: , I �// � � I Conf�rence ' ; � (I'1'-6'x12'-17 / ,� � ; � ��y � .} � //�r � ; �. � / - /� ' � / i ' Job Number: . � � / //� � ' � _ � � f �. _ _ � hhm �7 �39 � - - - � _ � , - , _ , — � / ,: / , — — ; ; �/ I - � / � // ', � ; Data: ; � ; / : / ; Ju+�� 1�, 2��� � , , , // ; ; �' Offlc� �/ .: � I : No. Date Revision By: ; lt8'-�"x9'-2") // / ; i I 1 I / ' / — , �:� '/ , ; - / � �/ r-- � — / � � � , I ' � � ':: �.a.,, '�ia . .'_�ax.e. .."�ti;k' :'.at�. _:a - = : _ / . . . � � � , ' / .i ,� I i . � � ; I �/ � -r-i-r�-r�T�-r�r-�r � � , i � i � iiiiiiii - ; � �� � �/ iiiiiiiiiiiii i � . , �1-I_L.1_1-1J_L1_L1� � , � � / / r--------------- , L ,. P —— ; - - 1 l - , , / i / //// / iL I I I ; � ', - � ' ; - / ; , - , , � �� , - - - - , � � I I � I ' : � /i -� - - � � -- _ ; � Project' -T— - ; / ; �1 1"lason Str��t / �. � — - - - - �� ,.�c =�na . � : ---- -- — - - - � a n _ .,_„ .�.. . :, :. .. x__ � .s , ._ ---- ..r. _ :_ . ,_i �nov �,io ' I OFfice � Fdes � � Files � � Files � , ��I� �� ; I (18'-6'xl3'-�D"J = i Q I i O i i Q I '� , ; yl = ' I I I I i I : I � � � 6 ` - _ =- � , _ � � i � � � � LIFE 5,4��T�' NOTES � .. , .,._, _:. . ..r. ..a. _t , ; Sal�m, Massachus�tts , _,. , .:- - _- : -, ,-: -: I I c t t ii v :.�.,. ._.�.�.,r�=E.���� s..z.:..�� , � � - - - -'•` `_ - ° = °" . ec r o o in All Pre-Existing Conditions, ; z � • •� The El trica on ac r 5ha �t the Site t Det�rm e _ � 9 � • ; � I I � � � � UJork and Goordination Requ�red Uhth the Local Authorities and ; � � � - :i Other 7rades. � � 2. the �lectrical Contractor Shall Obtain and Pay for All �ees, Licenses, Perrcuts and � aw. rvF ; y ( Inspection Requir�d. ; ����`� '9so ` ; � ,� � 3. Drawings are Diaqrammatic Only - Ex�ct Locations, Mounting He�hts of Ec{urpment, ; ' � M. '"— ; Office � Supp ort Workroom - Supp ort ' Ghent 0 Devices and �x�'ures Shap b� Field `Coordinated with the C-�eneral Gontractor. , � ;� I llg�-ro�xlz�-r�^J �: I Staff , , � I Staff � Office � � � . , �8,_�,x�2,_�„� (�r d'-I m x 1 z-m) �S,_�,x�2,_m,� � �8,_�,x�2,_m„� 4. 7 h e E l e c t n c a l G o n t r a c t o r 5 h a l l F u r n r�h a n d I n s t a l l a l l I n c i d e n t a l A c c e s s o r i e s N e c e s s a r y ; ,{ M ; i to Make the Fire Protection lUork Complete, tested and R�ady for Operation. ; j �I 5. All F�re Protection UJork Shdll be �n Accorddnce with the Mdssachusetts Fire Gode ; • � � And Gty of Natick's Gov�rrnng Authorit�s. � � - �' 6. Gontractor Shall ConPirm All Room Gonf�uration Alterations with the Cxen�ral ' �It�� �t i a l F r s t �I o o r , I� I I ; I �' � Gontractor as Recjuired. � L�i � �a f��,� �I�n � - — y — — — � ; .._ , — — — — — — — — ATPROVED ���c� `•7 i � SubjecE to ap�c`el�7 e�y c.6�P authontp he .'�?�sone�'Sc`aoa. , . o Symbol Description crrYors�'�?�,,a�s�. , . . . , . � �'TAW� �.:ix:..id �:�� y �"' New Marival Pull Station fiy , Lavatbr � � � pLAk�R°P�P°RC"!:�SULcLYFCRC" � . � OI . I �� EA''�'i!�!i-JHCi' F ��iCi" � �• � �� New Emergency �xit Sign/Light Combo Unit � F. � r� ��r��r �� �F� r� f � ; ^• I L..�-7 v �ivseEcnc r Fcr r � t ' ' • � i � �evi,r.r �a�con ; � � �f OpOSca� . � � New Emergency Light Unit ; � s�gt�: ' � y � New �mergency Exti Licht n i u . ��� _ � —� ; IvOtJ, W�I� � New Signal Norn/Strobe LIgI'1t UYYt �rawingNnmber. � New Life Safety Equipm�nt Shall ; Tie Into Addressable Building System � New �merg�ncy Strob� Only � � Shall Meet All A.D.A. Rec�uirementa � All UJire 5hall Be 14 Caa. Shielded. - � Q New 5moke Detector � , , � ; Q New I-4eat Detectar � � 1 � �� � i � l � irs� �1 ��� l� i � � � � � � � � 1 � � � �� � �s ��l> , 1 / ��� _ � � _ � �� 2 , �.i � � �� � �� �, � � ��� � � hhm fT»�39 �4/��f� ; — _.�.., _ ..__ _ - -- --- _ _ _ , EI`I`�-QF�XLEI --- `' ' PUBLIC PROPERTY �` �' DEPr1R'Tl�IENT KIlMFJUS'DRISI:ULL . ' - �IAYOR 1�A W,�swNcrcui 5�r�\���u �I.LcsncH�sE.�-[501970 � 1f1:97&745-9595�F.�t:97&7i49846 APPLICATION FOR THE REPAIR RENOVATION. CONSTRUCTION, DEMOLITION OR CAANGE OF USE OR OCCUPANCY. FOR ANY EXISTING STRUCTURE OR BUILDING , 1.0 SITE INFORMATION LocaGon Name: Buildins:ONF RN,D%�O SI"02 ' Property Address: �fl I�.ASoN �iz�T �tLF/� , ��}. propeAy is located in a; Co�servation Ares Y/N�L_Historic District Y/N _ •� 2.0 OWNERSHIP INFORMATION 2.1 Owner ot Land �/J.{� 2� ,� .S�f�/ f� �j�U.S FF Name: Address: G�5 ,`t�,ASON ,ST �f�L�� Telephone: g- 3.0 COMPLETE THIS SECTION FOR WORK IN EXIST�u� BUILDINGS ONLY Addition Existing Renovation Number of Stories Renovated Change in Use NeW Demolition Existing Approximate year of Area per floor (s� Renovated construction or renovation of ezisting building New _ - - .,,__, &ief Description of Proposed Work: Si�lSt�� Jr x� K c. To«� 7�o�s - - _ _ __ ---- ------Mail Pertnit to: ;_�_,—_-/�pz T�sf- �l5 f�„s,,,, _ S� ,�� - � What is the cunent use of the 8uilding? ���FN� Ti A 7�.ro o M �TpvT � ' ' f Material of Building? If dwelling, how many units? /� � Will the Building Conform to Law? �FS Asbestos? �F/fa�UFl� a�Q3 Arcniteces Name 12�C�FAKD �I'c/FG/� Address and Phone � 3 rT T R�L� .ST SsJLtli.. ( ) 49R'-7�/0-9999 Mechank's Name ��bc fT >/c,��C Address and Phone 1 1 T'rc�Prz. 'RC� T�RR1n1c��.Pcu�.j IY7�) [9/9�/5' Construction Supervisore License# ('���C�l C., HIC Registration# Estimated Cost of Project S�.S�� Pertnit Fee Cakulatlon Pertnit Fee S L ' � Estimated Cost X$7/51000 Residential EsUmated Cost X$11/31000 Commercial M Additional$5.00 is added as an AdminisVative charge. Make sure that all fielda are properly and legibly written to avoid delays in processing. The undersigned does hereby appiy for a Building Pertnit to build to the above stated specificatlons. Signed under pe�atty of perjury �- �.�� � Date a ao ! � _ � - � I��I � . � � ol u� � . N � � � � a � � � � a � o �--� v a .. � �I�Y � n w � � O �C .. � � 9 O �. � u -� �i O �� > ++ •� •"' o u d C u � G 4 �+ �— —�— . �-- _ �— � - ---- -- - _ ---- - ! � F. VDAC R^ • ry r. ��AD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY • TYpE AR INFORMATION FAGE WC 000001 ( A) POLICY NUMBER: (6560UB-5478C87-9-06) NEW-06 ' INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY � NCCI CO CODE: 80411 1. INSURED: PRODUCER: CROWN AUTO BODY SUPPLY LLC GERALD. T MCCARTHV INS 45 MASON� STREET 92 NORTH STREET SALEM MA. 01970 SALEM MA 01970 - Insured is A LIMITED LIABILITY� COMPANY� Other work places and identification numbers are shown in the schedule(s) attached. 2. The poiicy period is from 10-25-06 to i 0-25-07 12:01 A.M. at the insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: MA a— B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in = item 3.A. The limits of our liability under Part Two are: o= Bodily Injury by Accident: $ 100000 Each Accident = Bodily Injury by Disease: $ 50000o policy Limit Bodily Injury by Disease: S i 0000o Eaeh Employee = C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, ff any, listed here: — COVERAGE REPLACED BY ENDORSEMENT WC 20 03 06A �= u� �— D. This policy includes these endorsements and schedules: o� SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE o� — 4. The premium for this policy wiil be determined by our Manuals of Rules, Classifications, Rates and Rating � Plans. All required information is subject to verification and change by audit to be made ANNUALLY. DATE OFISSUE: 09-21 -06 TF ST ASSIGN: MA OFFICE: ORLANDO DA HTFD 05G ' PRODUCER: GERALD T MCCARTHY INS 73M66 008148 __ ___ _ _______ _ . .. ., �,...W._.�.. _ _........_._�.W_ _., ._.. _ .. __.,, . . �, _. _ _ . .. . � _. � _ , � � _ ; .� , � , �� 10'-�. A4 � __.. a-s�� �' _ '� o � �`___'��` 5�-35' �� � �� � ~ � �• � 8 b' S�-3� � SIMILA i _- - ____ � �`� � Q � ,r, -- — ----- 2 �i � '_'---. �- '�_-.-.. �°' �- � 2 --- - ' Q � � .. � . . AS � . UP A5 . 3 ex� . w . . . . .. � . � f , .0 ���'` . .. .. . ' .� `J G `'� . . . . . . . . . AS 4 AS 7 � . �' . . � � . . �! 1 \ � G �n-. � . '��. ' rf NR RATED WALL: ns ^5 v U J � 8 9 , �' / 3 1/2" MTL STUD W/ $ --S 2 ■ Q X I � 5/8 F.G. GYP. BD I � � a A4 � Q Cn �Q A7 A7 � gp'tN SIDES q i � O NEW fL00R SLAB � a i_ A4 c�- ELEV. + 100'-0' I I � � � m . . . . I � � 2 . ... . � � W � . A5 (/�� � CS I ��OR � _ � k� � �'- ti � d.l.� � -� � (n � i r�- ' .I.G. 30';x4B' � � � � � . . . � ;I i�-�� , ' . � F1,00R 5 AGE . . . � � z . W � ! `- --' ; 3'_ �X ;: �"'� � , , e � _ _- _ : - _ `� � �, .. _ _ ,_� � � - OOORS W/ � I+,•(,+ � TOLET ROOOM NO"�S: � � _ _- - � --- - - - . . GI.05ER x �z 1, 'HC' DENOTES F�ANDICAPPED ACCESSIBLE FIXTURES PRE ADA AND MASS � PR2VAGY . ' � . � � . WOM �Y� I . � �� m � � BARRIERS BOARD REGS. . U � � �, � - � 2. G.C. TO PROViD� ADEQUATE B�OCKING TO SUPPORT ALL SUPPLED TOILET � . . . To > . � . . . � � . � , p_�p�,;� � ROOM ACCESSORI'?S; �ND TO COORDINATE WITH PLUMBER INSTAiLLAT10N OF ��° � � � � F�xTURE CHAtRS PND SUPPORTS FOR WALL MOUNTED FIXTURES. '""� • �'rt'� 3. REFER TO FINISi SCMEDULE FOR FINISHES NOT NOTED ON THIS DRAWING. �� N�W — — ��!y, 4. PROVIDE TILE 8.4CKER BOARD (9¢"GP 'DENS-SHIELD"OR EOUAU BEHIND ALL tILED � �� /-r,�� '-0'X6'-8' � . 60'x72' .. Y � � SURFACES AT W?,_LS. H.C. TOILET ROOMS �� •� f� 5 � ����-) GLEAR �n 6. AT SHOWER PROVIDE POURED OR PRECAST SHOWER BASE WITH RAISED CURB � ON 3 SIDES ANC ENTRY SIDE FLUSH WITH FLOOR SLAB. RECESS PLOOR SLAB AT MEN � O 5P� � SHOWER AS REUU!RED TO RECEWE SHOWER BASE. APPROVED ADA ACCESSIBLE . ,e UNIT SHOWER MAY BE ACCEPTED AS AN �ALTERNATE. UNIT 1 � 3'_b' w�� .. I . . NOTE: ��ObERA11 ROON DIMENSIONS VMY .. . . . . . REFER TO PLANS , HG 'fOZLEt ROOM — — �p Up �p�E PLASTER CAUNTER ♦ SPLASN � � ? � FAUC� A5 g�-6• �-0 • 3�_br � PER SPEG ���.0 . � � � O I . SIDE-TYP. I . � BACY.-TYP. , � �ir'--�'� a,, � I 5 in t /�(E�`.�JA?n \'t � �I P�LAM /y\] c✓t��/i/� \ . . o e oo� � � �,:z BOLKSPLA5F1 /C� r�^� c�,� NEW FLOOR SLAS Q = c�i � ,� �., , �� �., � 1�.7^ �ELEV. � 100'-0' i. � � - K+ _ � _ _� _ � .a b � § AN4LE 8R?GKETS �r '' `„ .:1 �„� � v �� :P � �n in � �v � m o m � INSULATE FIOT PIPES u ��,r ' `� � � �wD coveR ni.i. � �4F ��j � � . � � � . . � I'-6' HC HC STANDARD HC pRptPUDIN4 . ,: �?yQ: ,:p.^+*+y . M OBJECTS � �,,. 2 E"R� A4 .. � . 4 — o — � .. . , Aa I M� T`(PICAL ACCESSIBLE TOILET DIMENSIONIS r �� , �� �x�,� 3 tia^ = r-0^ �- . � . � Up . . � . J . �. � - - � 0� � , ___ _ - - _ O N _ = N NEW FLOOR SLAB O -- � z w W U �ELEV. + 100-0 ! PRINKLER R b+ _ = AREA OF PROPOSED WORK � a - �f q--— + , oZi 5 6 `�.�I I[_ ` , � A7 A7 _ _.� oz} I SPRINKLER W • ~ �ar� 5P �-� z �-- � i W ; � w � I NEW F 5LA8 — , , Le�. +�ioo'Sa� � FIRE AL?�RM LE6END ~ � � a ELEv. � �xx_x i — � ~ w � � Q � � W � � � . R� � �I � EXTERIOR FIRE ALARM d LI6HT � _ - �� � �_ i� � I, 0 "KNOX BOX" Z Q � � - � � �i�� O � 0 -MANUAL PULL FIRE ALARM W/ ONE � � � /// rrr��� O V1 Z ' � . � � �I � WTEP,IDR HORN AT EAGH TENANT SPAGE. 7 � Q � � � . � 'I L � � �.�I NEW FLOOR SLAB � � HORN 6 STR00E ALARM � Q � � � # �ex�. �ELEV. + 100'-�' � � O i - � �; �ir LI6HTH7 EXIT S�GN � —� � O � W J r- J � � � � !i � FMERGENGY LI6HT5 � � � � — — — �> m � fa N - � O SMOKE DETEGTOR � � � � . � . � Li �, � � � � �. RNAL DIStRIBUTION OP ALARM . � � . � � ���' � TO BE BASED ON TENANr LAYOUT � �. � �� � � � � � O P.ND FIRE DEPARTMENT APPROVAL. '�, � 5 REVISIONS: UN17 2 I ` UNIT 3 O � . FEB. � 5 Zoo� _ � � �- � , STEEL BOLLARDS ? No.��Jr�y NEW FL.00R 5L09 APP'D. �GAS METERS I C I 1 Y O F ��T.1';;� �E�EV. + �oo�_a� � ❑ ❑ a ❑,�„�.,.,,_,_ E�TI.T,n�YdG D^�T. ��� �� �- � � � � THFSc DRAY�ING'S Tn�6E STOR - -= OFFICE KEPT �,T A";���v� ; _ — ��- �" � � To��✓ ,✓: ' - = _ _ ' I IVS�;:CTCR �OF PROJECT ' � evaor:�s N U M B ER: � � ��i ���� DATE: 3 29 05 � � � _ _ - - - - -- . �� � --- - - - - G � � � � _ -�- "y; WOME , � - - -�'_""� �u� aanazo�s ��-- SCALE: 1 8"=1 '-0" INDICA76D. STUB-UP � � DRAWN: ' I o O j PwrIDiN'> rrow ort�r. �PPROV�D � •'� 0 � _ C H EC K: I Jubject ta aPProval b9 A�q a:.,.� ' __ ,` r J rj i, NEW !� �� O U�I T � �NEW FLOOR SLAB '3:.�. .�A uc�. ^ , , authori , .. I / c'T�°F5�` ' ; "` DRAWING NUMBER: N.G TOILET ROOMS i; / �v. + ioo-o � h� �; < .�• ��'.+1�ii�J1�y. •� ��� I � !' � f I F=T2:'L ID '� � � � �� � - � � � � C� I i J � ' ii �i � � MEN � ' I I' ° " '. ,;, ; � : - I �� o 'I � FIRST FLOOR PLAN - FRONT � � ' �"� � 1 ,/e' = t'-0' I ' ' � � ' . ; , . � � ` i ; � , -- - _-- --- - - --._ --, . _ -- - _ _ _ j � .Y , /05 . . f��MNSiMIlSi'�EfIL£��IHD af�PROVEfl 8Y �*IE .ld,S�P,ECJ� �'H1DA TP.A PEAMIT.B,EWG GRANTED CITY OF SALEM �1 ,\ _.�—� No. v��_ v� 3�d ` -� �� � Date � s�:ip �\`a�j��i . i�� .. \ � Is PropeAy Located in Location of �he Hisforic Distrlct? Yes_No� Buildin8 y i bn�soM ST2�r .2MD Ft,(�R Is Propeiiy Locatad in �� ihe Conaervatlon Area7 Y�No� BUILDING PERMR APPLICATION FOR: Permitta (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool, HepaidReplace. Other. T�Ns�i? �It OUT' o2ND FLOCY2 PLEASE FlLL OUT LEGIBLY&COMPLETELY TO AVOID DELAYS IN PROCESSING TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following spec'rfications: - Owner'sName �11�16 �E�1L?F� r�U.ST .��N�N uA-LFYTTdIsr�E Address & Phone �,5 �t�,ASI�N S'�F�l.�/��,,L9�� 7�'f- 04!l �' . � ArchftecYs Name 1� /�'�-l�}fZu �TZI��IA.( Address & Phone ,3� TU2NER S�f. SAL�h^ (q�a 9�t 0— 9474 C�.�. l Mechanics Name �n+� �'T �6C�ll7�Y -� Address & Phone 1 \ �T'1�A. �.R 1Zr� ���b'lK� l�-8c��3 wna� �s u,e purpose oi euilding� 1 Z FN7'AL Meter�a�ot eull�ng�� I K�k�nEl2��Lf[q-sl dweul�,ior how many tamNi�? �/T wm�didtng cantortn to�w� Y�S Asoestos? 1�I4t�1F� e�a�ea w� �cny u�x N °` s��u� r �a9 o I� Ha�e Improvoent � Lic. / - Signature of Appli nt SIGNED UNDER THE PE VA TY OF PERJURY DESCRIP'T10N OF WORK TO BE DONE �A(,S`(�LL �f�Nl�l G'hPP&D f�'�.�[II� T3�FTH2-OONS� 1TLSULttf�� iYT`t�lyALL MAIL PERMIT TO: S HAL�Y ��� �W►�( ADS �Sit/IASIyJ �?SA�Jin. � � ' , I '� .�. ,, , . .r.,- v ..,, • ' No�� � I APPUCATION FOR PERMIT TO � , • �w,z,.,� • �- �� Nti_��'Grp C��✓toar� � . LOCATION � -I( /"14 So 1 I�T�Ft�T' �'Y� ���o�� , I , PERMIT GRANTED � __ . - ; `������.5 L� A OV�D ` � ^ , ���' �- . INSPEC70R OF BUILDINGS _ j ' - �i ROM : CROWN RUTO BODY SUPPLY PHONE N0. : 978 741 7630 Mar. 30 2005 03:04qM P1 PR07ECT: Crown Aut<� Body tiupply, Salem, MA S�[IBMITTED BY: STANLLY F.i,F.VA'1'UR CUMPANY, iNC. pH.Gv✓� �tc �'3'982-64 /$ � P.O. BUX 843 ���,�� � NASHLTA,N.H. U3061 Elevator General Checklist Of Work To Be Provided Bv The General Contractor Ur Other Subcontractors 1. The following items,nrovided bv other txades,are requiremenu for the elevator portion of a project. i 2. All hoistways and machine rooms must be ,'� hour flre rated consuvction (or as requireil by local authority) including all building steel except for separator beams, etc., which aze provided s�ictly for the elevator. 3. Hoistways of elevators must be vented. Vents must be provided with louvers and bug screens. 4. Hoistway enclosures must have substanrially flush surfaces on hoistway side except on sides where d landings occur. Any setbacks, projections or beams of more than 2" must be beveled on top side not (ess than 75 degrees from horizontaL 5. No equipment other than elevator equipment is allowed in hoistway or machine room. 6. Provide adequate supports for guide rail brackets, i.e., auxiliary support steel. 7. For passenger elevators, leave out front wall o£hoistway full width by 8'0" Irigh where openings occur so that entrances can be set in proper relationship to �uide rails. After entrances are set, the general contractor is to complete firont walls and grout fiames and sills. 8. Provide liniels above passenger elevator door frameti to support walls as may be necessary. passenger door frames are not load bearing construction. 9. Furnishing, installing and maintaining the required fire rating of elevator hoistwa walls includin the � D �'w � va r i e oxes. 10. Any sleeves, cut outs, chases, recesses required by elevator contractor shall be provided by the general contractor in locations desi�nated on elevator layout drawings. General contractor to fill voids after elevator equipment is in place. 11. Maintain a dry pit. (Sump pits are reqaired). Sumps with pumps may be provided. Do not connect sumps to sanitary sewer lines. A cover shal] be provided over the sump and be level with the pit floor. 12. Minunum height cleazance in machine rooms of oil hydraulic elevators is to be 7'0". � ' FROM : �ROWN AUTO BODY SUPPLY PHONE N0. : 978 741 7630 Mar. 30 2005 03:04qM P2 -L- 13. Access doors to machin.e rooms, deep Pit., etc. �hall be "B" labelcd, self-closing, self-locking and I openablc from inside without key. 14. All machine roums must be ventilated either nah�rally (directly to outside air) or mechanically. Provide heating and/or cooling as required to keep machine room temperature between .SO degrees and 90 de�rees fahrenheit. Venf.s must be provided with louvers and bug screens. Louvers in doors are not allowed. 15. When factory fnishes are not required, painting contractor is to paint any prime finished passenger elevawr entranczs and paint doors and frames on freight elevators. 16. Provide temporary enclosures or other protection from open hoistways during the elevator installation time period. 17. Provide pit floor suitably reinforced to withsfand impacted jack reacrion. Minimum depth 3'-8". 18. Leave 3'0" x 3'0" minim�n hole in pit floor for jack hole. General contractor to waterproof and grout I after jack is set. 19. Provide chases through walls, floor, etc., for installauon of conduit and oil line as may be necessary. I After installadon of elevator equipment, general contractor to fill voids. 20. Provide machine room adjactent to hoistway at lowest landing served by elevator. I 21. Where the roof of a building has a fire resistive rating in whole or in part of less than two hours, the hoistway may be covered at or below the roofline with a two hour fire rated cap, provided a two hour vent (3 1/2 percent of hoistway area or 3 sq, ft. whichever is greater) extends dizectly verpically , upward from hoistway through roof and at least three feet beyond the roof surface. [n all cases, bottom of vent opening shall be ai least three feet above the xoof. In sloping roof, the three foot distance above the roofline shall be measured from the highest point wheze the vent emerges through the roof. 22. Removal of all drilling spoils from the pit and site area. �_ �� � � � 04/01/05 08:05am P. 004 McDERMOTT METAL WORKS CORP. U t�AluT . to�fTR . SPE�tA�T1Es s-oe-877- 4�0 � •A• � � � // � �, L ��� ��� GA,f3nLV�. 9LEEVE �• � EDEEPI4GA . MOOELGLG GALVI.FRAME . ._. . --_'._ ._ f STANDARD Fl%ED LOWER •NIOE 18 Gh BIADE EXTRUDED B061T5 �N.�� �I ALAIMINUM,.OB1' wNJ.7NPiCNNE33 �n�� �MID BLAOE UNNA6E REIdOVABLE B�iD scaEa vr n�sH � I s�wemcnnr� .050'EI�ANOm BRONIF 9EARRlGS� ALUMINUM AN�STEELPINS �___ z � � BlAOEINClOSEO �a� POSRION .. w05 //// x � ¢ W� j BELIMO , ¢ p /// SCREEN MOUN7ING MODEL{G SCREWS,/Ba3M^ HEX W0.4NER HEAD 3TANlESS51EEL . tFSERIE3.dRERCOUPLE05PRINGPENRN A Z<�QC. -. NLNIITOR,l5 bW MINMV1d TORQIIE . 2 P0.5RiON SPRINO RETURN CHANNELFRAME ' �, STANDARO ".r• I rxrxyie — — � �CLIPANGLES — _— __ __ —_._____—__. _____— — SIOESECf10N___—_.. - _ _ — — - — — — — _ ,. PtuivEW FLANGE FRAME vrwnEntIDau49 ' . MWERYOTf 4ETAL NARNS CEKfIFlES THAT LOUVER MODEL IbeblIEETS THE MaSSACl116ETf55TFTE ElEVATOR�COOE ITM90 CERI7FIE5 THAT R MEETS T!E WSSWGHUSEfTS STATE ENERGY CO�E,TES{�Np Yyq$PERFOflMmAT AN IfAEPENOEM lAg{lqTORY U$INO TES7 PiiOCEDURE3 Bp9Fp ON INOlb7RY STANUMDS F00.AIR IEAKAGE.NMILE MRYING PO t&In OF TORQUE TO THE SHAFf. UNITS FURNISHED 1f2"SMALLER THAN GIVEN OPENING DIMENSIONS. MODEL: ELE-LOUVER � Tp� QT, "A" '8" MODEL �qME FlNISH PROJECT: m� . -� LOCATION: � . w - VIVAT CONSTRVCTION SPECIALTIES, Inc. � CONTRACTOR: � soe-en-ea�o - Fnx: saa-en-e+se � " P.o. eox 1807, FRAMINGWIIA, M4 01701 04/01/05 08:05am P. 006 PHYSICAL ,�AfUII'd ELECTRICfIL DATA :-� �' MOTOR SPECS 120v. 60HZ . 3 APM . 13 idle amp : 8 watts ; 70 inch pounds stall torqu� ., *;;;� � l! , 1 7 " " stall amps � .,, ;;1 � �. :�' � ;,,i�'�� 'y r i � � " " stall watts �:�.. r"•, ' � � � ' j7 �� " start �torque , . a��,:r �R�S �tix..y %� . $L.�.+� +- +.��t 1"C 'E. � � � � � I I i � � ,--' VIVAT CONSTRUCTION SPECIALTIES P.O. Box 1607 . � FRAMINGHAM, MA 01701 � . (508) 877-8470 FAl( (508) 877-8468 •,. \ ,I � 04l01/05 06:05am P. 007 � .. C� VIVAT CONSTRUCTION SPECIALTIES, INC. P.O. BOX 1607 • FRAMINGHAM, MA 01701 (508) 877-6470 FAX: �508) 877-8468 To Whom It Ma Con I Y ��, The McDermott Metalworks elevator vents meet all curcent criteria and requireme�cts of the Commonwealth of Massachusett�-Board of Elevator Regulations 524 CMR of Mazch 14,2003. These details have also beea reviewed for code compliance by Charlie , Murphy of Elevator Inspectionai Services,Dept of Public Safety, Commonwealth of Massachusetts and his board Mr. Miuphy and his board have also approved the McDermott Metalworks elevaWr vents. The McDermott Metalworks elevator vents aiso comply with cumnt energy code requirements in effect as of July 1,200L Thank you. Sincerely, Bruce Barth Vivat Co�sh�uctioa Specialties . � _ . . . � .. . . � . � , �j • . ,, . • . .. . . . � � _ eec/� �'�� f��wen ,__�,�_�_---� � � �_y'~ �� —� . . � � . .',__' _ .._ .. . .__ _ " '__ _ '_'_ _ . . . . _. � � � T . . , ... _. ___��_— � __'_ — ^ � . . . .....___. __—.__.,� - CV N�I LOUVERED AIR VENT � —� � U � � WITHIN 24 OF TOP DfTER. i WALL OF EI�VATCR SNAFT. UNIT SNALL 6E +(2' X Ib' W/ �' � � � c ^ H/ + MIN. OF UN17 TO 8E ' ' ' � LOUYERID AND nNc. f' GLA55 DN �' ' � = LLI � (5EE ATTACiIED SHEETS I ",' '� � U J � FOR aecarc,ermm coae i � , • ca�u.wr n�+iNe rzn I — �w., � CC� d �.a�v�s �z ��vAr � p � 0 ' � SECOND FLGIOR FIT-UP PtAN ¢��'�' Q "- CO�U�'TR. SPECIALTIES, INC.) � [� exrt ro� 12� . /t 1 L '^ Q � � 4"�' �J 1/8" S 1'�0' /'w'• W �.Lf � 1 M MIN. fIRE RATED ` i /�'°� 3' LOr7G. FLOOR � ELEVATOR � __-- - � . 1 1 ((� � O � i � Rar�a $� '��� �H i c (N ��� C' �r"�� �� �/��e� !— � '� GTP. BOARD IINCLUDED � / f CEILING. � �N PERMI ' ( � � 1"I � � ` n� /Cn m h€.aie � (� � L �, . i-- " 7 "�- BA L/ 1 NR RATED g' '- - ,4 v.` ! ... � O . � W Z W . 4TP. BOARD BOTiI ti . [� 51DE5 OF S�' i ^ r.o x? w �„" 3�-0� p� waee�s � F- 11ETAL PARTITION 1 ( �, I ����,=10, �� T-I' I I ! � ,�'� `: s � P-' m^ma r � NESV I �q, ft. LOUVERED ELEVATOR o �, � � � AIR VENT IN EXTER. WALL. � - IMSTNI IN TOP 2' Of IMACHINF Rf1 I MILN'NE RM WALL. (SEE ATTAOtED SNEET9 � - - - _ �- � FOR REC.A1f1ETlDED C.ODE _ T-2 I_F_C7 E�i L� .� CCftPLUWT I'iPGHINE Rl`f � � F_xTEP.10F' F�,oE Ai_aF.M e L iC�+ti LOUVERS PPER 'VIVAT � . . . . � I K . �� . COksTR. sPECInLnEs �Nc. � KNox aox � ) I i �� , � � MANUAL f'Jl1 P�R= ALARN 5EE ATT�Li1ED SHEETS j � O � HOah e SrROBE ALAp'� . er 'STAHLE7 ELEVATOR ' I � STORAGE AREA � �P�� F� �� � LIGHTED EXI7 �;iGN COCE CCMIPLIM7T i �'r REQUIRQNENTS. I � O [� f;.,•ERC��N;Y LiGN75 i 8j Cl D , � � I O SMC�'E IJ�TEGTOr' � � � - - - —'-e- - - - � � �i i . I O I ' � • . . . . I � � �SiER�bARp'�` . i � Q,Q u�D V/.�9N`�c� 1 � , � � r�.�pi� = N� I I i �� sa�E�i, f `�� �� � � � � ir F E ��%.� � � � � � � _ - .- - � - f �_ �� � � � _ ;� � o � �.,r I I � - ' _ _ " > �. _ , o � � ; z i = � w i: tl � � �, �� � "� 1 �S i ���� � � - cn : - -- ---�--_ -- o W � � — W Q � � � J ; � � � ~ ~ � ' '�-' Q � W � � � � �� � � !, � � � � - C.� � N o � SDS L � ` � t� .. o�� — �1 � c� EXISTING ROOr BELOW � + to r � 1 :::, r �c�'.-r � 1 t�i � . �, . . � AL -:3 1_ „_,.1. J a � s�. . . . �e � CFi.�e� I� _-. � g -, v , a � -�°-J � r— J � _.�. _ m 'd" vai H- � �: _ 4. . .:. -�i.; c� ��,:sc....i. REVi.c�IONS: . F — i' � t ' , , FROJECT ' t,!U��"�ER: , DATE: 3/29/05 I f i �GAL.E: < DRA�'Jf�1: ' CH�CK: ' � � � � � DRF�.b"JING NU�sBER: � ' . � � �, • _ �� ' , , � � . , �I � ____._..____________.�._.�,_ —_ _ _ _ _ — ----_-- -- -- ----- _ _ !�— _-- --- -- . _ .__ 41 MASON STREET 1056-08 COMMONWEALTH OF MASSACHUSETTS i CITY OF SALEM GIS # 277,, 26 SIGN PERMIT � ht. ' ��� ;0087 Permit: Sign Category: SIGN Permit# _ _` 1056 08 PERMISSION IS HEREBY GRANTED TO: Project# i JS-2008 001591 Est. Cost: $500.00 Contractor: License: Expires Fe`eChaiged $0.00 "r' applicant Balance Due:$.00 Owner: BING REALTY TRUST THE, HALEY STEPHEN W TR #of Fixtures' , Applicant: BING REALTY TRUST THE, HALEY STEPHEN W TR DigSafe#, E AT: 41 MASON STREET UseGioup _ ConstClass a, ISSUED ON: 21-May-2008 AMENDED ON: EXPIRES ON. 21-Oct-2008 TO PERFORM THE FOLLOWING WORK: SIGN AS APPROVED FOR(6) SIX BUSINESS LOCATED IN THE SAME BUILDING THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. The Commonwealth of Massachusetts Department of Public Safety Massachusetts State Building Code(780 CMR) Building Permit Application for any Building other than a One or Two-Family Dwelling _" °" (Ttus Section For Official Use Only) 'r` ` �' ;- Building Permit Number: -'Date Applied "` Building SECTION 1:LOCATION(Please indicate'BlocIk#and Lot:#for locaiions for whkh`a street address is-notavail'able) , No.and Street City/Town Zip Code Name of Building(if applicable) "SECTION 2:PROPOSED Edition of MA State Code used_ If New Construction check here❑or check all that apply in the two rows below Existing Building V Repair llf Alteration ❑ 1 Addition❑ 1 Demolition V(Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ 1 Other 19rSpecify: Are building plans and/or construction documents being supplied as part of this permit application? Yes Y' No ❑ Is an Independent Structural Engineering Peer 9eview required? r c t t_ _ Yes ❑ No V Brief Description of Proposed Work �� r I t��`f�—'- '?-' ^_ _ — != ' •! ' •- -- .f-� SECTION 3:COMPLETE THIS SECTION-IF EXISTING BUILDING:UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE'OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See.780 CMR 34) Cl Existing Use Group(s): Proposed Use Group(s): -; , •-'- -SECTION 4:BUILDING HEIGHT'AND AREAd ', .,,,, Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable), A: Assembly A-1 ❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ B: Business ❑ E: Educational ❑ F: Facto F-1❑ F2❑ H: Hi Hazard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional 1-1 ❑ 1-2❑ 1-3❑ I-4❑ M. Mercantile❑ R: Residential R-10. R-2❑ R-3❑ R-4❑ S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA ❑ IB ❑ IIA ❑ IIB ❑ IIIA ❑ JIIB ❑ IV ❑ VA ❑ VB ❑ SECTION 7:SITE INFORMATION:(refer to 780 CMR111.0 for details on each item' ) Trench Permit: Debris Removal: Water Supply: Flood Zone Information: Sewage Disposal: Licensed Disposal Site❑ Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be P Private❑ or indentify Zone: or on site system❑ required❑or trench or specify: .permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation: MA Historic Commission Review t'rcvess: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑t Yes❑ or No❑ Yes❑ No ❑ SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY ` Edition of Code: Use Croup(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: r SECTION.-9:,PROPERTY OWNER AUTHORIZATION, , Name and Address of Property Owner -rpv HA Lit' 45 WSDN 5f, S;&E n Name(Print) No.and Street City/Town Zip Property Owner Contact Information: $2 0411 `181 _12N5 s~ �hcQ6s ye-2iao .�e1 Title Telephone No. (business) Telephone No. (cell) e-mail address If applicable,the property owner hereby authorizes Name Street Address City/Town State zip. to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. - 1 „ „d ;SECTIONIOCONSTRUCTIONCONTROL`(PleasefrllootAppendrx2) *: If buildin` >s les,,,Ihan 35,000 cu.ft.bf enclosed s ace-and(or-not under C6nstnxtion626ntrbl then c eck here 0 and ski Section 10.1)- 10.1 Registered Professional Res. onsible foi:Construction Control 5f -•fir., .: T ,...t.Y. ' •'' d `�"` Name(Registrant) Telephone N\o. e-mail address Registration Number —3-reQPr Rcl mRlehan� m*_ nS Street Addres City/Town State Zip Discipline Expiration Date 10.2GeneraFbo=xilractor: - r _ M.- -d �„",-. •-, ' Com any Name P� !3 Name of Person Responsible for Construction License No. and Type if Applicable j A�2DN ST SAL!n^ 11�4 _1amD_ Street Address City/Town State Zip I Telephone No. business Telephone No. cell e-mail address ^F.SECTION 11:WORKERS'COVR'ENSATION iNSURANf:E AFFIEAVIT' M1 G.L.c.152.: -25C6 �v-, A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed.and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this application? Yes❑ No ❑ SECTION 12t-CONSTRUCTION COSTS AND PERMIT-`FEE ri ,;..rf t ., °-• ` - Item Estimated Costs: (Labor and Materials) Total Construction Cost(from Item 6)_$J5CJCJ. 1. Building $ Building Permit Fee=Total Construction Cost x_(Insert here 2.Electrical $ appropriate municipal factor)_$ 3.Plumbing $ 4. Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality) 5. Mechanical Other $ Enclose check payable to 6.Total Cost $ - ` !ie (contact municipality)and write check number here ` SECTION 13:SIGNATUR.E OF BUILDING PERMIT APPLICANT + By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my kno ledge Wad understanding. u �J- 1813 PI a pr'nt si n n Title Telephone No. Dat AAA Street Address City/Town State Zi tg Municipal Inspector to fill out this.secttori upon application approval . : y. ' . . • ,, „ Name' . Date:. The Commonwealth of Massachusetts Department of Public Safety Massachusetts State Building Code(780 CMR) Building Permit Application for any Building other than a One-or Two-Family Dwelling h 7 rOffi6ial Use Only)�:" X­� _(T is.Section Fo : Building Permit Number- 7", A)ai6 Applied� tf dLot#f r SECTION 1:LOCATION (Please indicate Block an or locations for which a add�street eSS is_not avail4ble) No.and Street City/Town Zip Code Name of Building(if applicable) SECTION,2:PROPOSED WORK .,5 Edition of MA State Code used If New Construction check here 0 or check all that apply in the two rows below Existing:Bui�idingO Repair 0 1 Alteration 13 1 Addition 0 1 Demolition 0 (Please fill out and submit Appendix 1) Change of Use 11 1 Change of Occupancy 0 Other 13 Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes 0 No 1:1 Is an Independent Structural Engineering eer Review re u§e% 0jaYes No 0 Brief Desc ipti n of Er osed Work: (UX SECTION 1 COMPLETE THIS,SECTION IF EXISTING BUILDING UNDERGOING RENOVATION, CHANGE IN USE OR OCCUPANCY ,cY' Check here if an Existing Building Investigation and Evaluation is enclosed(See.780 CMR 34) 13 Existing Use Group(s): _TProposed Use Group(s): SECTION 4:BUILDING HEIGHTAND AREAi,, Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE r GROUP(Ch,6ck aiapplicable):",' A: Assembly A-1 0 A-2 0 Nightclub 0 A-3 0 A4[IA-5[IT B: Business 0 E: Educational 0 F: Factory F-1 0 F2 0 ' h Hazard H-1 0 H-2 0 H-3 0 H-4 0 H-5 0 13 1: Institutional 1-10 1-2 0 1-3❑ 1-4 0 M L Mercantile 11 R: Residential R-10 R-2 El R-3 0 R-4 0 S: Storage S-1 0 S-213 U; Utility[] Special Use 0 and please describe below: Special Use: SECTION'6:CONSTRUCTION,TYPE(Check as:applicable):r'�.'� IA 13 IB 0 IIA 0 IIB 13 IIIA 0 IIIB 0 IV 0 VA 0 VB 0 SECTION 7:SITE INFORMATION'(refer to M CMR 111.6 f or_'details on each iteM)L EC, u Flood Zen Trench Permit: Debris Removal: Lice nsed Disposa l Water S e Information: Sewage Disposal: Debris s' Supply: A trench will not be, ice I Site 0 Public 13 Check if outside Flood Zone 0 Indicate municipal 1:1 required 0 or trench or specify: Private 13 or indentify Zone:— or on site system 0 permit is enclosed 13 1 Railroad right-of-way: Hazards to Air Navigation: MA Historic Commission Review Pr(xvss: Not Applicable 11 Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed 0 Yes 0 or No 13 Yes El No 0 L SECTION 9 8:CONTENT OF CERTIFICATE-OF OCCUPANCY,L" Edition of Code: Use Group(s):— Type of Construction:— Occupant Load per Floor: Does the building contain an Sprinkler System?:—Special Stipulations: i. `2 SECTION:9r PROPERTY OWNER AUTHORIZATION � '�''-' h ""' °` ..3Rn-rMu .s.Y� A , Name and Address of Property Owner Name(Print) No.and Street City/Town Zip Property Owner Contact Information: Title Telephone No. (business) Telephone No. (cell) e-mail address If applicable, the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. '^ _��:SECr.IO_ N,.10:CONSTRUCTION-CONTROL(Please fill'out Appendix,2)k? [f buildin u less than 35,000 cu.ft.o£enclosed spa-ce arid`/or notunder Construction Control then check hereb and ski Section 101) 10.TRegistered Professional Responsible for Construction k YF Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Co'ntractorr; .� Company Name Name of Person Responsible for Construction License No. and Type if Applicable Street Address City/Town State Zip Telephone No. business Telephone No. cell e-mail address SECTION 1T.WORKERS'CbA1PEIVSATION4NSUR:kNC'L=AFPIDAVrr(K .L,c.152. ,25C6 A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this application? Yes❑ No ❑ SECTION lY:.CONSTRUCTION:COSTS AND PERMIT FEE,„ F., Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1. Building $ Building Permit Fee=Total Construction Cost x (Insert here 2.Electrical $ appropriate municipal factor)_$ 3.Plumbing $ 4.Mechanical (1-IVAC) $ Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ Enclose check payable to 6.Total Cost $ (contact municipality)and write check number here SECTION I3:SIGNATURE OF,BUILDINGPERMTI"APPLICANT By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Please print and sign name Title Telephone No. Date Street Address City/Town State Zip A Municipal Inspector_to fill out thissection upon application approval ", '` Name, Date QTY OF SALEK MASSACT- USEM ENGIINEERIM DEPARTMENT 120'WASH NGTON STREET,4YH FLOOR TEL(978)619-5673 KIMBERLEYDRISOOLL FAX.(978)745-0349 MAYOR DAVM H.RNOVLTON,P.E. CITY ENGIMER PRIVATE PROPERTY TRENCH PERMIT PERMIT FEE $50.00 DATE OF REQUEST: DATE OF ISSUANCE- NUMBER OF PLANS TO BE REVIEWED: CONTACT NAME: -von - 'L1.G nS ' 1 ADDRESS: `4 —T-k csm 5<sck u . CITY�� d�2 STATE: {lPHONE':7'�t-096-Z�W FAX:?7"-3 "954 , PROJECT NAME: X) LOCATION: 41 m lqe o l� %T SET DIG SAFE# EXCAVATION DESCRIPTION; o . cry f 1 tJZ:j ' e cAA- For the reason of W a,.t a-c°-�P—Q=-5 0 rW i a f Y=jA Vvt FE S o.r3 M Qefi tv C xw�tnx a vu_cgbQ _ ' PLEASE INCLUDE AN APPROPRIATELY SCALED PLAN OR SKETCH OF THE WORK The undersigned hereby represents a working knowledge of, and agrees to comply with,all pertinent City Ordinances (attached); including, but not, limited to, Sec 24-27, which references MGL Chapter 82A, Section 2. Printed Name Signature Date �K ITS GDR.NER ANGLE " /.. YJ C3 ve+ 4 S�l£D P�INT�D pk�. cu�u,. OL 4b va4 4714(N/VI G M A tG x" A C� ' �Waa W 1�UMf�St£FZ� j 5CAUe. � II+ r Q�If�2Ey7 /'f No '� ►SEW wau., ZW OF htASyp •� ("nrf t}.bOVQ. f4 ST LVEN �� �2ep14t2C.D Foil: BERN _) -o N0. 28 / P/e T SQM ova ,� t� ' , I �1�N61Mq6�9E flLf��MID AP�PROVf{i 9Y 77iE JdSPECIL�Fl P91GA TD A.�EAMIT BEWG GRAN'�D CITY OF SALEM N�� � �� \ Dab 7 � Q i� �.:. ,/—�— '\ 1`�i�e WBd �-� ZorW�9 DlaMct Is Propw(y�ppWy y� Locaciou of / Ma F!l�wic D4hicl'1 Yas Wo ✓ DQildisE `�I /Ii1A�N ST Is PropKly�opqd h :� tlw CcneNvallon An�? . Ya No� BUILDING PERMR APPUCATiON FOR: Permit to: (C6�cle whichever apply) Roof, Reroof. Inatall Siding, Conetruct Deck, S►red, Pool, RepaidReplace. Other. 7'�IAXIT F1T f�i1r l�ui7 � PLEASE FlLL OtJi'LE(�BL.Y�COINPLETELY TO AVOID DELAYS IN PROCEgg�l�p ; TO THE INSPECTOR OF BUILDINGS: '� The undersigrred hereby applies for a permit to build accord�ig,to the folbwing specffications: _ Owners Name _�1MG ��ALT N TI�UST�<S'1"�PH�N � �l��L�r �.ST� �►�s�ss � �n�sa �f S /�qsnn� ,�rr�r c998i �y�-n9!/ Ard,itect's Name 1�ICf-lA2D GT�l�ia�l Address S i'hone L37 T>�a��z S. �r c998� '7�f0— 497✓ Mecha�ics Name /�0�� YOUtiIG , i Addtess 8� Phone ll lI�AG�1Z l�O�}D ����(28I163l— 80�R' wnn u mo�,rpo..a ouua�a _�,O���c%�G-�til,1�US7Tz/� /.�� ��i�1s�' �.i a e�rq�r �!zlC{�rWOO.D����zn.wY.iwg,i«now�wr►y�amw.v w�a,�arw�co i.w� S�S n.wuos� �-I�N� E�Yn�1.a co�,�cay ucanw r sw.uc«w• C',�,��� �2 ao.. r�so.amc 13e. t �' S gnahere of A ' SKiNED UNDER THE P OF PERJURY D�S��IP'TION OF WORK TO BE DONE ! �L�(r �c2:rZZs�<7� �ll�s MIUL PERMIT T0: � 't. � No.�J�1��� APPUCATION FOR PERA�T TO �f`�'hrk�r� �f-`j t�yc� . � �ocamoni �'r �ti5� S� �- PERMIT GRANTED , � � �� l�6 /ay 19 ROV�O 2�«0 , � i�s�cr oF eui�ar�s i I , � f �� � � . � �p . Q.. .. � � .. �, . . � ��+�! U/ .. MASON / �.�� c p `PUg�IC � 4�' tNIDE) r- 12X4 TAPPING SLEEVE W/VALVE �`� rr, . MN�*� L� � C.1 . �� tiJ � fr t� �q ' f ' � 1�� r � �' /�12X6 TAPPING SLEEVE W/ VALVE „� � � �? � � �Hse w S TREE T � `""�' � � ��, � • �t;: `i r � (FD _ �, W ' t�� �' ;------- �2.87' ��� � PP IN RR SPK . ''--~—"`--.----d-....... ,..�...,_ r "�� ", ► , —,--.-- � W �..d. , _ _ ----------.___---- . � � , � � SET) ''"a� l i 1 l l ; , — r�, I , % 3I` . _ ; , � rr� �, i �- � � �� F�; � � � 207,1�g DRAY'NG LlST - REAP. ADDITIO'! P1.�FJS_ � ! f f " { �` r f; � -�' Wt � ' � , r �� (1� ,; ��i . ;" � �! ; A1 S1TE PLAP� � ZO�r,�IG Ata�:LYS�S � ._. ,, � �a� i : __ __ . _ � ; � �, A2 1st FLR PLA'=. SPP.1}1KLEP, PL�.!i. Lt F,CCES�?2!LiTY � �� I J '✓� o�rsB �;' �� , AREA OF DEA!OLITION ' _ ;; o �, A3 NEYr ELEVATIO dS � ' , , „ . l =,: ; �' � (FD) _ __ ��- ;( � � �. r....:, « „ � wZ � (1. -- ----- - �, � � � ' ; i i ' S3-��QF PLANS. P.OU� STP,UCTURE Lc �0}JtaD�.T10'r PL�.t1 � � IM�QSTANT NOT�: � � ' ' S�R,NKLER SEfi\;CE TO BE ' ! ' , ;, 3 . ��} � � S2 YfAE.L S_ v .. r � � .y N S3 WALL DETAILS t� ROCt� EDG� �`�" �f� I ��/`.� � � A�A1'�TAt`r'ED tN EXiSTl�G EJILD!vG t t _ __ - - - . i � . � S4 STRUCNRAL D�'TA.1LS ��+ ; � � OVFfNC CONSTRUCTt�J OF ADDI710'VS �� � ir �0'�' : ' i� � � � � # ' � � ; M �------ - I I-- �__'�'� i ; O j� �t � � �� � � � , � o R ;�i; ' ; � ; . a,•, ��-�� � 1 tn � i '�i�I ' i I.ROD � -. i i F � � (SET� ALB�N ANCRUS ARTHUR PAREENT ---- �7 I ' � -�-" � � ; • JOSEPH VVHlTE � � �- - ; � 02, ' DH (PLAN 214 COF 1971 ) � , ~ �--=—_- -- ----- ,_ � � (SET� (Pi._Ah� 214 OF 1971 ) , � ' IN CONC. Building Code Analysis -� • ' - -- ,I , _ _ .-�------ -� • I 8u'd�g Type 3B -Ex'"!`Of�IZ�01'1f`f W!S��'_'I 8'?Q W'�O�f'2T.C. � a Fu�tf sp!inkie-ed per NFPA 13 , r - --t- - - � E'ui'di�g Use G!oup �F2-Factor�R"�era!� c � ^ Height and Area Lim:z �n (t2b n 503) 2 SMry 30',E�0*J Sqaare feer � M Ht Increase w!sprckters = + 1 s�,ry =3 stories 2"owed (Z s'ori2s bvi".) ; � utd_T � � �� s� � � Sas� /lrea = 96�1'J square feet ( �� "'� ' ' I CLF Area mcrease = + 100°��for sprir.�;lers = + 9SC0 square f�! ! v!'- E !�S i I IJ G i QOST Area Increase * 25w{x2}fo� Fce �xess = + 42D0 s,vare fe�' � , � _ ��TO�y � To'af AP�vab!e Area pe� Fbar = 24, OQO squa�e t�et S;"�`� REA L;`'. �L C - � pp.e� �FD� Actual Area oi Bu�ding = 13.36d<�t frst�roor 3,860 at se�nd floor t��'Acyl i g�!=��" BJ LD�'vG Z� note :areas and occupancy indude iu�Jre add�on e�,��Ow� `�.,, �`•' " �j j;�} � ->:-i« -� , n- � -- - -- i� � DH (SET� Occupan Lcad = 100 gr9ss Sq.fiJoccupant( ���oc�.�€st�.�) , g 'On • ���4�� �_EQ �:, � . �-,c�. AG= �g�� N � =80at1`�Poor, 36at2"tl floor g r no.�sia = "' J � SALEM� J � - �� ;� 34.71 i ON TOP OF � � � �; ,W CONC. RE7. WALL � - - -- -- 4 � ; Fire Resistance Ratings o(Structural Elements(tabte 602) g " � "' 6' ', ' Fbor,Column, Beam, Bearing W�,tis 0 hour rN �' .� - - ,�._ _ . . _ __ _ . _ _ _ . __ ._ __ _, -�. DHSB ', Stairs, HVAC, and ElevatorShaft � � DHSB !� r - � 103.g � � . � �F�� ; (see a!so 1013.11, end 710.3) 1 hour � ` , ; ' Tenant separations 0 hour � �_;� o (Fp) ' 1 I �' � ! ' I i I � i c:omdors {�o��.a� o no�x � � a MJ BENDEC I I I P�RKIIJG SPA�ES �1YPICAI_� I i C�oortoStainvell 1hour(add100sqincfiesrriredQlass) � � I4" RIS�J? W/ F'LANGE ��'- `� i � I , ' , I j , ,,, . _;�-- ' 16" RISER W/ NGE `�` i-6� 90 DEG. �_ � � l ' ' �' � , � , B�.DG. COR. � MJ BEND _ _ _. _ .. _ . _ __ .._ _ _ _ ' _ _- --- - -- - . -- _._� O a �n� . - � � � � � z � �' i ' � � DHSB ' � . W ,_ '� � I 27.d k. ...i /FD� i Ex�st!r Pr os� IfiCfo85e!p�arP,A59 L'0'i10Xiabna , � � i DH 3.$2' ���IrJ �.$' L O T �1(���a Tota!First Fioor Buildi� F,rea 12 161 SF 13 350 SF increate 1179 5� ` ' I , � �SET� ERIC EA S�EY Totai Buildina A2a 20.277 5F 17 220 SF D��reas�<3057�F> I I COON TOP OF „ Total ro . ed stofaae arr_a NA 4 C�0 SF ,.• � � i NC, RET. WALL 2 9.g�h± S�F (P!AN BOOK 12, PLAN 2' ) � � . �� � ' � �-- � �- - � �- - -� � � Require� Prowdnd Zonin� re���t taqu�sted �� � � - - ---�- -'- � Y' - -� - i Lot Area 40 000 SF 29,976 SF none- re�+xiat n (� � � � � � , - , i , � � A4inimumLotY�idfh 150' � 62' none- re�xistn � � �� L .._ � � I � � � ° 3 _ —'. _. .� I I I I I �� LOt C.OVB 4$a,o oi � 44.6J,o none asse�, � W � �� ' � UNIT 2 I Ut�l I 3 � I 69'-0' Front Yard 30' 45'10" none �sses — W i � I , ' Side Ya!d 30' 1'-2'and 2'-�J" set b2ck va�nce � . � ` Rear Yard 30' 2'-0" set bar,k vanance _ � N � � ,% ( � I ' •/� � J� �,� r� _,J�.r'���'\ �_ _ L .. O' 2'-0' SETBACK Q I-" �"~' i I ' _:,..�,,,�,-,�„�, --.-.----- _ - Parkin Anz sis R uired Provided Zonin reliet re uested Q (/� N � I- _ _ � " � ; � ; i i � � 1 s ce r com an vehicle 6 6 �f � � �43- �45 � � " " � ; ts ace/2e�npb ees 13 9 '`� _ ,I � ; , I � � � ; � 1 s ace/t 000 SF excld'n storaqs 12 8 z � 1 I 2 STORY �a_„��; ` -� ' � � � � j I ; TotalR uired 31 25 er lan arki vanancefor6s �ces Q Vai � � E�;�S T��f(� ------' I I ."'7' � I � � * '. note_becaase total bullding erea ie bei � � � B�OCK BUILDING � � � � - � � � I � -- i ree�aacys,os���ror��.oan�ine "� a I i 1 S TOR UNIT 4 ` uNiT 5 � tT b �; � n«,�,�em,�ie ai��i�red�,�a Q Q � BLDG. COR �� : I B ICK BUIL NG � I �- - � �+ '�, i_ _ _ _ �. _ _j � , , l - � "` � � i i ' �_� �` �' -� � � z ��. , .;�. .� y 2�Q�7=� CJ'u�. F� . t �1 �_ J � �- `r CGNC. � -- ` - --- NEW FLO.^.�R A�'EA - m '�' vai �M WALK � 15�,� (I) FLOOP LEVEL i w � � � �`������ `-�_ ✓-� h �v� o , �n �� 'O STAK� o ,,,, ��,,_ E � . � �>H ���'2 (sET) , � SITE PLAN BASED ON WORK REvisior�s: (SfET , STAKE IRON RC►D � SOp• � o`'��_, � DANIEL 1hIGGIN � � (SET) � � s.s4' o � BY NANCOCK SURVEY ASSOC. IN CONIC. WA PLAN 247 OF 1 g57 �SET �a TENANTf Fl-DUPPR0.IECT � , � OWNER UNKNOWI�T � � INC.� 235 NEWBURY ST., -Df15TiN4 UNI�'f TO NAVE NEW �, ,' DANVERS MA. UNISIX TOILET„ NFAT, ELECTRICAL, � ; , WINDOWS AND iD00R5 AS 1 1 �2 STORY _ � ' \ � INDICATED I CC�1C. BLOCK BUILDIN� ' �, DANIEL WIGGIN �����-�� . I � � � i � ' ! ��J' SCALE; 1/16"=i'-0" PLAN 2�7 OF ' 957 � , � � ' 0 f0 ?0 �D E� PROJECT - � � NUMB��R: � ��� � � u � � � � � � y S�c�= �� 1r �� , I DATE: � 4�12�Q� � 4 � � � � � D� � 5 �A� sWJ� DANIEL WIGGIN �. , ��. �'��OVED�_l� � SCALE: 1 /� 6��=1 '-0"� � I y' Y<- . � I �1n1\!. �F�l` A � ~ ��� � . . u��to FF� �t1 � ,����,� DR.awr�: i ` � (PLAN 538 OF 1957) � � t��� - � � �\, �%IT'Yof,�a, --=�. CHECK: � I �'�1°p.�r�. ., � f �� ,�� , ' -ir.-�ngj . � ! � \ ��--�--��-}n-� �'�. /� ��� D RAW I N G N U M B E R: � � � ��� � . �� � Pl4W RR[Arr t � ,, � � r`E A�l� [ '� i ! r,-� � � . . � . � p F�°C�PAJt r „n ` ' � � _ � . . � � .. t � ! ':7I li �TIOr! i_: . I ��Ar�CE WITN 7H:FIRE CO�e. � ' � � //��,\, . .. � . IfI I � . L 1'a � �� �. I � � ; , _ .:.. .. , . _ .�— _._. .,. _ , ._ . �____-� �_ _ � _ _ .. ______ �._ _ �_.�, .. . .._._._ _,_ . ._.�. _ r _ _ __ __ _ _ _ _ _ _ ; � � � f � O ,, � ~ rn T � �,. e O �,� cD 8��_��T , � U � M i _ w C' v � SPRGE r J TOLE7 ROOOM NOTES: � F- G ^ FL� � 1. 'HC' DENOTES HANDiCAPPED ACCESSBLE FIXTURES VRE ADA AND MASS = W � GLEAR BARRIERS BOARD RECaS. U .-I � • • � � 2. G.C. TO PROVIDE ADEOUATE BLOCKINO TO SUPPORT ALL SUPPLED TOiLET Q G0 x12 i�-e�� ; a+ ;n ROOt� ACCESSORIES: AND TO COORDINATE WI7H PLUMBER MSTALLATION OF � � � � - � � FIXTURE CHAIRS AND SUPPORTS FOR WALL MOUN7ED FIXTURES. � Q {,y_ 3. REFER TO FINISH SCHEDULE FOR FIN�SHES NOT NOTED ON THIS DRAWttV6. , ��,�p. �. PROVIDE TI�E BACKER BOARD [4b"GP 'DENS-SHIELD'OR EOUALI BEHIND ALL TILED � � W � SURFACES AT WALLS. W 6. AT SHOWER PROVIDE POURED OR PRECAS7 SHOWER BASE WITH RAISED CURB ///���� w � b PRZVAGY Y � ON 3 SIDES AND ENTRV SIDE FLUSH WiTH FLOOR SLAB. RECESS FLOOR SLAB AT � W � � � �-��k' '0'x7' � '�w•6� N SHOWER AS REQUIRED TO RECEiVE SHOWER BASE. APPROVED ADA ACCESS�BLE � I- h DOORS W/ UNIT $HOWER MAY BE ACCEPTED AS AN ALTERNATE . /�.w/ � CI� �j '.� 6wgw �R � � ' ��. FLOOR SPACE �.J W GLEAR � � Z W ' 3�LC' � � 'fO7SLE'f ROOM o � ~ U � - I PIASTER COIJNTER iE8PLA541 � ¢ 3��. � i 3�„6� � � PER�SPEGS � �� � , IOE• YP. BACK-TVP. . � � �' P-LAM 0 o e� � � ���A� ,-. � `� 7�n eo � � z �' � ANGI.E BRACKETS � a 'P �i Y �" � + � io a "' Zv AS REQ'D i'' v - Zv � �� � o I N�I U T E N d f P I P E S AND C0�/ ER ALL .� . . ��-6� H HC STANDARD � HC � C PROTRUDiN., OLtJECTS , . f y � � �� TYPICAL ACCESSIBLE TOILET DIMENSIONS �. `' ,ra• _ �,,� �°"'�i,� .. , eb��,D N•4� � . r y? .w � � � .. / I I p tr IVD.78f� � � s g/�,BA. ,� I � '�� g � � i � � r STEEL BOLLARDS ih!/GAS MEfERS BENIND � ! � --I i —' ' ��" O O O O � ' . �� �--- - - - � :�; . � r � � � ❑ ❑ 0 � z m .,. J;z`5;`F,'� �.it�l:��r;x,�r'`;,*.4 'r' '� ,v<. r'�`.'x� 5�.`.t�� , y "'✓' ,C' _ _._, -- � . . . . . �:<., . . W N ��:.�. , . � �� - _ �,r , � � ` il INdi WINDOWS PER FlEVATI0N3 _ , W � _-- - ---- ----- Q..' U � � i � v} U � � � � � �� � I � � �� � Q � � � STOR. i � ' 4� � � � � % i, I OFFICE � � I �r � � , � , XY^ � Z , _ - � - � �� � , , � � I OFFIGE z F- a il i , � 0 W � � � � , � II � � ' - W � � ' ,, �,,,_ w I ' ' � i�; � I � �_ - - - ; � � � z � ��'� � -- _ __ -- _ - -- - _ - _ - = _� � ;� p � v�`'i � � � (�i ; I � � ti , � � a t -�� - � F,� ( ~� , Z U N .,�, =`" "' , FUTURE TOILET ROOM FVTURE OFFICE I � O N Z -- - - - - - J FOR ADJO�NIMG TENANT � _ - C, (n J - - STUB-UP PLIR'1811�K. NOW ONLY. I - - z � Q a. � _ - -- - - - - � rc __ _,�-- � - — Q � � �i< � i �-� � � O �� � � i � � � J � o � . , . i xs � , � k,��i ; � � � UNIT q� �� � , � � � � .� � I �`: II� TOILET .;� m �t' vai � � % � ///���� � �� ' �.. � � � . . i � h�. �l�� ] _—_— ______._'_'__ ..._____._. �,��� �� _ �_� - � REVISIONS: ,`� _ - - - I � _ NEW B4TN � � NEW WINDOW'' AND DOt�R PER ELEVATIGNS �� � �': . <�.,�.<: r, u�w�', f vF��� PROJECT - - ---- m — NUMBER: DATE: 8/20/04 SCALE: 1 /8"=1 '-p" ' 15�,� D RAW N: CHECK; , � � � � i DR.4WING NUMBER: � : �1 -7 Q � n ' ' �, FIRST FLOOR PLAN - REAR ADDITION ��� 1 v4, _ ,,-0„ � �� ,. _..._ __. . _ . ._ _ . .. _ _ -- _ _-- _ _-. . _ _ . � i w�� (.�w . , � �r�ns ..Q . � � . ��� � M A SC��'� pUe — ���, �+ �' �D i 4� � �— "°' (.~� z � i LIC ti ' tiNIDE� �- 12X4 TAPPING SLEEVE W/VALVE �a � ' � ' �12X6 TAPPiNG SLEEVE W/ VALVE I�,�. 1 �? , ' DHSB wl S TI�t E T ' --� r'- / _ �s � u� r�� U ,,� (� ZI w / - (JJ F ,�: ,., ' ""`,. �; u j � _ - ---- �2.87' �I �- PP IN RR SPK .�--�..._.,....m_ e'°..� � �,,. t , � - �_ �- "' � ,, - . � W ; ---,_� �.(SET) � �' � i , ; �/ 3� . �- ; ''� �,�.a � (�i �; ; / �; _ � � � tr� � � ' / Fj 19 _ /"""+y rr s , , ` �,� � t 207' � _ D(tAV'��NG UST REAR Ab01T10,J PLl��tdS � �, , " L,..� ��J �. � � �� ' "'- �1 SITE PLAN L�c ZONING ANALYSIS '"" �� �� ' i- .- � ; - - - � ; � N ,- rr �. AREA OF OEti!OLI�110N ''� � ; � ;; r o DHSB �2 �st FLR PLAN, SPRINKLER PLAN, 8c ACCESSi°?U7Y �+ u� �J� � - ; ; .�; ; � o \ (FD) a3 NE1"/ ELEVATIONS � � f �r„ �- -- -- -- �L i � � OF PLANS, ROOF STRUCTURE & FOUNDATION PLAN �� -� �� - --� , , 2 �_ , � ._ , ; o � iNPORTANT NOTE:�� � � ;' � j ' _ 4j , � � � � � 3 � S2 WALL S � � �� SFR:�KLER SER�ICE TO BE i � � (rJ f- - -' ' ' ` S3 WALL DETAILS dc ROOF EDG tif�! � I A!A!NTAINED IN EXiST1NG 6U�LDtNG ! � � � S4 STRUCTURAL DETAILS ' DUR'VG CONSTRUCTION OF ADD1T10NS � is' �0'-e' % � i � �-- — '� � � o �' ; ; � � � '- � � , � � g� � ' � i i Q� ;� � � � �4 ;� i I.ROD � � � ; ;' � (SE�� ALB�N ANCRUS ARTTHUR PARENT ` � ' ;_—___ -_ Y - -------- -- - -- J 0�E P h I WH I TE � � -' - -----_--- � ; 1.02' DH (PPLAN 214 OF 1971 ) , .; (SET) (�! n� 2� 4 oF ; 9�� ) Building Code Anafysis __ - =�I � IN CONC. •-�--------�° Biri`d^g Type 38 -F�terior A'asony w!stFe!and rr�cd f:arre. Fu!!y 5prinMe�eC par hFPA 13 � - —r - - � Bu�'d�g Use Group-F2-Fzciory 6"cdera's I ^ He�hi and A.•ea Lim".2!�n (tab'e 503) 2 Story 30'.°r0!J Squ2's feM ��I . � w� Ht increase w/sprirk!ers = t 1 s'o,ry = 3 sb+ies a"owe3 (2 s'ories bui") 3' Base Area = 9�6�J square feet �'� -- ' � CLF Area Increase = + 100 o for sprinklers = +9500 sqvare teet '��= F , � �''� i ' POST Area Increase + 25`o(x2)for Fire exess = + 460J sGuare feet' C'�� ._ �i�.`'���' , � - �c r V�Y i I t� Total AI'ovrable Area per Flaor = 24, 000 sqva�e fee. , _�� � �r�b� • �FD� AcNat Area oi BuBding = 13.360 at frst P,�r 3,E�0 a?second ti�or j d�` N�� ? �y�'�� �J ��� '�� z '�•� note : areas and a�pancy inUuCe tu�ure add�on ,�a�� � . ��,,_ �\ :\ ���^ ;?``.r ^ . _ �- � .,; N � - -- -- � '� 34. � DH �SEIf� Oax�panc� Load = 100 gross sq.ftleccupant(3��«�.R n+Ya�) g t r�o.�e�� ` �� . µ�- ` , v �� � 7j % ON TOP OF =8o at 1` floor, 3B at 2rd roor S"�", � ' CONC. RET. WALL � rn � �- - � �� � Fire ResJstance Ra!ings oi Sin�cfural Elemertts(tab!� 602) - � - I � 1�3,86 y_ Fbor, Column, Beam, Bearing Wal's 0 hour � - DHSB � —` DHSB ; s���, HVAc, and Eleva!orShaft y i ' � � . � �FD� I (see a!so 1013.11, a3nd 710,3) 1 hour I _� - � �Fp> , ! I ; ; Tenant separations 0 hour "' ' Corridors (1011.4) 0 hour _� ��{ ' 4" 90 DEG. � ` � PARKRJG SPA�ES �iYPiCAL� � DoortoStairweii � lhour(add100sqincheswi�edglass) '4, RISER W/ F�LANGE -,� �J MJ BEND I � I ! I � _�-- _- - ' ,, � � _ ' � � 6" RtSER W/ ANGE {,~-� r-6" 90 DEG. ' a�.�c. car.. MJ BEND ' -__ _.. -- -� - --- '- -- _ 1 _ ' ' - - -� � a+ �n� � � . � � _ ' � � DHSB I Z zr.a i� ,,; ' � ' �F�� i Existl�- Pro _ad Increas��De^*easa 1rom existtina W I i I �r- - - DH 3.$'Z' � �Q� 0.8' �rJ T A RC A ', Total First Floor Bui!dfiq Area 12 181 SF 13 360 SF locrease 1179 SF � f I � ii , I I �SET� ER I C E A S�L Y ! Total Bui"Aina A�ea 20 277 SF 17 20 SF Cecrease<305T SF> � ON TOP OF �'9,976± S.F. � Total m sed storaos area Na a o0o sF � i ; ; CONC. RET. WALL (P�AN BOOK 1 �, PLAN 2' ) i , 1 - - -� i�- - --'i � - - --� ! Req�ired Provi�M Zmirtq re!i�f reqwstedl ��' _ _ —fi _ 1° � ' � � Lot Area 4D 000 SF 29,97b SF no�e- re-exisUn (f) � _ _i � I �I � I ; �� Minimum�Lot W�'th 150' 62' none- re�ex�tin L t.._ — — —. . i °' .. F . .. LotCovera � 45% 44.60,o none- rs.es - I N w � � I I I I ' N Front Yard 30' 45'10" nooe- aues ' UNIT 2 i UNIT�3 i I 69�'� � O �.t� � —+- � i , — , �3i Side Yard 30' 1'-2'and 2'-0' set back variance � , � ' Rear Yard 30' 2'-0" eet bar,k vanance _ � N ' -- -� . . . � _� �`�''� _ �.- - � 2'-0' SETPACK �� Q � W . � ( �� , y,"n,--,,,,K,---- I Parkin Ana sis R uired Provic'M 2onin reliet rn uested Q (n N _ /' . � - � _ _ _ � � j', � I � � -- - � � ��, 1 s ce .rcom an vehide 6 6 � � �43- �4�j � � '� � L � i 1 s ace/2em lo ees �3 9 Q I p I � � � � � 1 spacel1000 SF exdd'n storaas 12 8 z U 2 STORY -� E I � _ `�"" � �� ��' ' Q -_= I I � j , � , � `_ �_..�,� i ' E?;ISTIN� _ _ � � _ � --" '- , �' /n1 B�OCK BUILDINv I i � _ __, Total R uired 31 25 tan ��i�v'a�n��n�bfo�6�a,�es�� � � N STOR I � ' I ' _ .. n�on�ia�,rortn ce'�sew reat.pa�fc�i� Z � � � �� � u��r 5 4��T e � - � � 1 UNIT 4 � ' � § � � BILDG. COR � �:� � B ICK BUIL NG � - -� � � '- ' �� � J '� „, . � � `� J � � Z -; i i ` . '��� � � � J 2,q71 SQ. FT. ��� �� .- � -i `t CO'VC. -- --- - — - 15� NEt^l FLOGR AREA - � m �, N °- w � "� WALK � _— � `�.•��� I o , • (I) FLC>OR LEVEL � r- \\\\\�\\\V`f� 11�_ ��/�✓�✓ ,��-J � ��� � o � V� � � � .O �� � � ° STAK� o �� DH i ""�'2S (SET) ��, I SITE PLAN BASED ON WORK Rtvisior�is: (SET) DardiE� wiGGiN STAKE E� IRON ROD ! Op• �p�.. , BY NANCOCK SURVEY ASSOC. IN CONC. WA (SET) •`�oCOPE OF WORK UNDER �� (SET) i � 6.84' CWNER UNKNOWt�� . � INC. 235 NEWBURY ST. PLAN 247 OF 1957 UVNIT 4 TENANT FIT-UP PR0.)ECT 2t ' I � � -FD(ISTIN6 UNIT TO NAVE NF1�i �� �` � DANVERS MA, UVN�SIX TOILET, NEAT, ELEGTRICI�L, � ' hNINDOwS AND OooRS AS ' 1 1 /2 STORY � � tt�DiU+7� CO�JC. BLOCK BUILDING DAN�EL I�iIGGIN � ' I \ \_ \ j SCALE: 1/16"=1'—D" PLAN 247 OF � 957 � � ' � � —� � -- ' ` ' 0 f0 20 EO 80 PROJECT NU��B�R: � DATE: 4/12/0� i i `l�l3 �.laa (.j,S,� , �ANLEL V�IvGIp�� ,\ p�r� OVED _ .Y _.._ SCALE: 1 /16"=1 '-0" � � ° ^ � crn��- � � � _� `��� �� s��o.n-aD s`�'�� �pLANJ 538 OF 1957� j �\. uhon���Proe 1L, e-,�- '� � DRAWN: � i �ahe a-,'' �� CPi'Yof,_<.e . �;i, �.__ _ . - CHECK: � F."�-�w DD ..-. _. . I i �� - .1�Y�ai♦ �.t1 �._ 1 . . — � � BY � /� ��s� � � P�aPa�a�rAe ,�`:,- DRAWING NUMBER: r . . j \�� r .., p;� L e i 9 ; . . • , .. .� � � � � •, rF 1 . ,� n . . �\ r ..� "�_ i 0 -_G . I . . . . � I \. Ah� E WIT} TY °IP_t ' v I II �� ' ! i � i II �, . .. .._ .__,.....__..... ____V..._.�...»_...-. .�_ .. . ....., ...... ._ . � .. . . .. ..... . .. . . ... , . � . . ., . . .._ .". ._.....- _.... . _ ... .. . _. . ., . . . .. .. . ._... . . . ._.. _ —_. . .. . . . . ! - ; I �^ �� � O � �, �a � � T �.,., e O .. 3��� .�. Q cD N . U � � . �_' � w _ �n SPAGE J TOLET ROOOM NOTES: � I_- � r � �L�� � ��� 7. 'HC' DENOTES HANDICAPPED ACCESSIBLE FIXTURES PRE ADA AND MASS = W � 0.EAR ; Y BnRRiERS BOARD REGS. J � � • 2. G.C. TO PROVIDE ADEOUATE BLOCKINO TO SUPPORT ALL SUPPLED TOILET U Q G0 x�2 �,�3� m § ROOM ACCESSORIES: AND TO COORDiNATE WITH PLUMBER INSTALLATION OF ■ Q � � a , FI%TURE CHAIRS AND SUPPORTS FOR WALL MOUNTED FI%TURES. � 3. REFER TO FiNtSH SCHEDULE FpR FINISHES NO7 NOTED ON 7HiS DRAWINC,. � p.�rr l. PROVIDE TILE BACKER BOARD f4b'GP 'DENS-SN�ELD'OR EOUALI BEHINO ALL TILED � � � � I SURFACES AT WALIS. ^ ��. Lp� 5. AT SHOWER PROViDE POURED OR PRECAS7 SHOWER BASE WITH RAISED CURB i � W m i PRTVAGY �� Y ON 9 SIDES AND ENTRY SIDE FLUSH WITH FLOOR SLAB. RECESS PLOOR SLAB AT � � Gl-OS�R 'e•�xo• � '�p.d� t'' SHOWER AS REOUtRED TO RECENE SHOWER BASE. APPROVED ADA ACCESS�BLE � t � ~ � � I OOORS W/ UNIT SHOWER MAY BE ACCEPTED AS AN ALTERNATE. —J � � � ! � W v FLOO�? 50N+L� � �1 � � GLEAR � W Z W . aw�w � � h- j 30•x,aa' � e � I /',1 HC ?OILEt ROOP1 � �.e�' � � (� �� PLASTER GOIJNT�E8PLA3F1 � g�.{� � • 3�-6' � � PER�SPEGs IDE-TYP. BA K-TVP. , 0 0 00 � � � 4' P-UM � Qi w p4dC5PVSN � � a 'en v ,� �' b ANGLE BRACKETS � t� Y � ; . �'' ;;, °' r� �s r�cro Z+ � ! � - � �_� � INSUUTE NOT PIPES �'�� HC HC STANDARD H� �1D CO/ER ALL PROTRUD�NG OBJEC75 4 �. I � TYPICAL ACCESSIBLE TOILET DIMENSIONS . `' „4• _ ,��' �r`�°w°��� ,` c� T , � I " p no.�a�s � + � I II � � g �qM' � I � I 1 �' � � � � � � � � � ( STEEL BOLLARDS i W/GAS METERS BENINp I � , � � � -- .: � 0 � � ; i .. . ;r. , ,. �-- � .. _----- ----- �--- - ------ --- • 1 >}: � � �� � � 0 ❑ 0 ❑ m , ' ,� � �r Frr< `. � k r � _ -- - — � � . � . ,.. ... . . :�,r: . � �l_- r_ -r- -/� ; NF1�1 WINDOWS PER ELEVATIONS � ' - - - --- ---- � V � i � s' a STOR. � � � I 4x: 0.S � - OF�ICE � i ;''� , , �.-�� � , , x� . _ i ,. _ - -_ -- - -- - - -, j ' �y , � Z , � ; , OFFICE z I— a W , ; , - i Ow � ; � � ' % � � � � � i i E_ . �:�: — � � Y Il� i = - �, z ... ._- - -- -- -- - - - -- - - -- - � - --- � - - rn W — II� �1\ ' . _ �J �. ' ` . V I �__ - - __ - __ _- _-_ ___ __ - - _. � _ _ .. �- � �r , i . , . Qz = � �-� - 1'=��;i_'J FUTURE T01LEf ROOti FVTURE OFFIGE � / O N --- - — -- - fOR ADJOINING TETL4NT I - — — — -- — — — C — - (� N Q STUB-UP PLUMDIN4 NOhV ONLT. z Q Q a . 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