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111 NORTH STREET - BUILDING INSPECTION 111 NORTH STREET p �� Q� �D a�- i (MU of %tem, Massar4usrtts +i «a joublir Prapertg Department Nuilbing lIepartment (One Salem (green 588-745-9595 fA. 388 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 5/13/92 Shell Oil , Northern Tax Region P . O . Box 2099 Houston Texas 1700], Re : North St . .Shell 111 North St . Salem Dear Sir : Due to complaints received a site visit was made at the above mentioned address . Upon inspection it was noted that the property was in violation of the Salem Zoning Ordinance section 7-2 ( 4 ) regarding Service Stations . Please be advised that the fence is in disrepair and must be maintained . Contact this office within seven ( 7 ) days of receipt of this letter . Failure to do so shall constitute further legal action . ince ely David J . Harris Assistant Building Inspector cc:Ward Councillor City Solicitor Civ P7:3-sro3 .2 6 y/ 81j,j � s Otil of ,.,��Aelll' �' c1!56�vrblvsC## S t, 11 " �'4'.'r,.y ,211 ire r$lrpurluu•ul IJ,lunrlere C4 P;4 / l.11l Nl 1•.' I }f l• ,dJ++luu» �G. iEloullluxr •l8 '�Llt2fn�ndtr ,3�IrectC/TY C) <a �llQIJ U lief 2311111r CAL. 01X170 C �a,M,,0 FIXED FIRE EXTINGUISHING SYSTEM NOTICE Shell Split Island Self Service Datei July 24, 1980 C 111`North`Street� Salem;Mass.— 01970 Sire Our records indicate you have not complied with the provisions of Salem Fire Prevention Regulation # 29BI which requires an ins t* of your Fixed Fire Extinguishing System, by a Certified If of II at least every six (6) months. A copy of the inspection report must be filed with the Salem Fire Prevention Bureau by the Technician. An inspection tag shall also be attached to the extinguishing agent container, for visual inspection by inspectors. Our records indicate the last inspection was conducted on your . system on 9/19/78 when first approved. This notice is made in the. interest of Fire Prevention, to insure the system will provide the service it was installed for. Your attention to this matter is recommended tocorrecta condition which may be leaving you with a+ false sense of security. However, this matter is also a condition required for legal occupancy of the premises and will become in thirty (30) days a violation of Fire Prevention Regulations and the Mass. State Building Code. If at the expiration of time allowed, the inspection report has not been filed at the office of the Fire Prevention Bureau, and no reason for failure to comply is shown, such furthur action will be taken as the law .requires. • -J Respectfully yours Salem Fire Pr4VentiWInspector cci Building Inspector ird file + , Form # 25H (1/80) r � urf � / �� Tttu of ftirtn' massac4usctts fro Public Property Orpartment Nuilbing Department (Pne *alem (6reen 500-745-9595 iExt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 25, 1993 R.J. Snyder Shell Station 111 North St. Salem, MA 01970 RE: 111 North St. Dear Mr. Snyder: I have reviewed your plans for the proposed work at the above referenced property and I see no problem with these plans. I notice there is no mention of any changes in signage. Should you decide to make any changes to the signage in the future you are required to submit application and plans to the Design Review Board located in the Planning Department. Also, just to make you aware, the City of Salem no longer allows mechanical signs. For your convenience, I have enclosed an application for a building permit, an application for a City of Salem Contractor's License and a Worker's Compensation Insurance Form. Fee for the Building Permit is $257.00, the fee for the License is $25.00, these must be submitted with the completed forms and on separate checks. I will also require a copy of the State Contractor's License and a copy of your Driver's License. Prior to bringing the completed documents back to us, please have Fire Prevention stamp a copy of your plans, they may even want a set of their own, so plan on having three sets, one for fire, one for building and a site copy. If you have any questions, please contact me. Sincerely Leo E. Tremblay Inspector of Buildings LET:bms AmIFF & MORSE, P.C. Ralph E.Ardiff.If. lean Carey Davis George E.Mone Gary C. Bubb ATTORNEYS AT LAW Malcolm F. Maclean III Cynthia M. Sulliyan Robert L. Holloway,Jr. Cerise Jalelian Robert P. Yemon Stephen J. Drohosky ONE CORPORATE PLACE John S. legasey Peter E.Bemardin 55 FERNCROFT ROAD David Baer Mary Ellen Welch Rogers * Robert C. McCann Amy C.Cashore DANVERS,MA 01923 Richard G.Pichette Barbara H.Pope Denise C.S. Woodruff (5 0 8) 774-7123 Kathleen P.Dwyer Also Admitted To NH Bar Jeffrey B.Loeb t Also Admitted To ME Bur FAX (508) 774-7164 Nancy A.S.Attaya Lisa Stem Taylor Rebecca A.Backman 60 STATE STREET,SUITE 700,BOSTON,MA 02109 (617)854-7423 FAX(617) 371-2950 .r� NOTICE OF APPEAL "w � o � c� February 25, 1997 N T City Clerk m N m City Hall Salem, MA 01970 RE: . Shell Oil Products Company v. Salem Zoning Board of Appeals Dear City Clerk: Pursuant to Massachusetts General Laws, Chapter 40A, Section 17, you are hereby given notice that an appeal of the Board of Appeals' decision entitled "Amended decision on the petition of Shell Oil Products Company" relative to property at 111 North Street, Salem, Massachusetts, which was filed with your office on February 6, 1997, has been filed with the Superior Court Department of the Trial Court for the Commonwealth of Massachusetts. Please find attached to this notice a copy of the appeal as filed. Very trul`y-yours, Nancy"A tf�ya. NASA/cac Enclosure ✓ COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department �- of the Trial Court :. 97'0407 SHELL OIL PRODUCTS COMPANY, ) Plaintiff ) V. ) GARY M. BARRETT, NINA V. COHEN, ) COMPLAINT RICHARD E. DIONNE, ARTHUR LEBRECQUE, ) PAUL VALASKATGIS, AND JOSEPH J. YWUC, ) AS THEY ARE THE MEMBERS OF THE ) SALEM BOARD OF APPEAL, ) Defendants ) INTRODUCTIONy 1. This action is an appeal under G.L. Chapter 40A, Section 17, of a iqf the Salem Zoning Board of Appeal purporting to amend a prior decision, c amendment results in a denial of a Special Permit for the installation of a car wash at an existing service station site at 111 North Street, Salem, Massachusetts, (the "Premises"). An attested copy of the Decision is attached hereto as Exhibit "A". o iURISDICTION m D- N 2. Jurisdiction over this matter is specifically conferred upon this emrtt G.L. Chapter 40A, Section 17. PARTIES 3. The Plaintiff, Shell Oil Products Corporation, with a principal place of business at 3 Edgewater Drive, Suite 202, Norwood, Massachusetts, 02062, is the owner of a service station located at 111 North Street, Salem, Massachusetts. 4. Gary M. Barrett, Nina V. Cohen, Richard E. Dionne, Albert C. Hill, Arthur Labrecque, Paul Valaskatgis and Joseph J. Ywuc, comprise the Board of Appeal for the City of Salem (the "Board of Appeal") and reside as follows: Gary M. Barrett, 7 Patton Road, Salem, MA., 01970 Nina V. Cohen, 22 Chestnut Street, Salem, MA., 01970 Richard E. Dionne, 23 Gardner Street, Salem, MA., 01970 Albert C. Hill, 4 Larkin Lane, Salem, MA., 01970 Arthur Labrecque, 11 Hazel Street, Salem, MA., 01970 Paul Valaskatgis, 24 Gables Circle, Salem, MA., 01970 Joseph J. Ywuc, 86 Ord Street, Salem, MA., 01970 STATEMENT OF FACTS 5. On or about May 30, 1996, the Plaintiff, Shell Oil Products Company, filed an application with the Board of Appeal requesting a Special Permit pursuant to Section 5-3(e)(2) of the Salem Zoning Ordinance, or in the alternative a modification to a previously granted special permit pursuant to Section 5-3(j) of the Salem Zoning Ordinance, in order to construct a car wash on the Premises, the site of an existing service station. The application further requested a dimensional variance in order to construct the car wash closer to the rear lot line than permitted under the Zoning Ordinance. (A copy of the application is attached hereto as Exhibit "B"). 6. The Plaintiff continued the commencement of the Board of Appeal hearing on several occasions in order to comply with the wish of the Board and the ward councilor, for the district in which the Premises is located, that the Plaintiff hold a meeting with the neighbors to obtain their comments prior to the commencement of the evidentiary hearing. -2- 7. On September 25, 1996, the Plaintiff held a neighborhood meeting on the Premises. 8. On October 16, 1996, the evidentiary hearing before the Board of Appeal was held at which time, in response to neighborhood concerns voiced at the neighborhood meeting of September 25, 1996, the applicant verbally withdrew its request for a dimensional variance and presented to the Board a site plan of the Premises with the placement of the car wash in such a location on the Premises that it conformed to all dimensional requirements of the Zoning Ordinance. 9. At the evidentiary hearing the Plaintiff presented evidence, including a traffic report, to support its request for a Special Permit. 10. On October 30, 1996, the Board of Appeal filed a decision with the City Clerk denying the dimensional variance. (An attested copy of which decision is attached hereto as Exhibit "C"). 11. No decision relative to the Special Permit was filed with the City Clerk during the statutory ninety (90) day period following the hearing. 12. The Board failed to take final action on the applicant's request for a Special Permit as required by statute. 13. On or about January 17, 1997, the Plaintiff filed a Notice with the City Clerk pursuant to G.L. Chapter 40A, Section 9, that as a result of the Board's failure to file a decision within the ninety (90) day statutory time period, the Special Permit is deemed constructively granted; notice of same was duly sent to all parties in interest. 14. No appeal of the constructive approval of the Special Permit was filed during the period relative thereto. 15. On or about February 6, 1997, the Board of Appeal filed an "amended decision" with the City Clerk, which Decision purports to "amend" retroactively the prior decision of October 30, 1996. (See Exhibit A) 16. The Decision purports to deny the Special Permit for the car wash use. -3- GROUNDS FOR APPEAL 17. The Decision of the Board of Appeal filed on February 6, 1997, was not timely filed, the hearing on this matter having been closed on October 16, 1996. 18. The Decision is not an amended decision to correct a clerical or scrivener's error in the original decision, but rather a wholly new decision not timely filed. 19. The Decision is an attempt by the Board of Appeal to circumvent the time periods and constructive approval provisions of Chapter 40A, Section 9, upon which the Plaintiff is entitled to rely and has relied. 20. The Plaintiff has suffered harm as a result of the Board's failure to timely file its decision, and as a result of the Board's issuance of an "amended" Decision in untimely manner. 21. The Decision fails to state the grounds for the Board's decision to deny the Special Permit. 22. The Decision of the Board of Appeal is arbitrary and capricious and an abuse of discretion. 23. The Decision of the Board of Appeal denying the Special Permit exceeds its authority. 24. The Special Permit was constructively granted prior to the issuance of the Decision of the Board of Appeal. -4- PRAYERS FOR RELIEF WHEREFORE, the Plaintiff demands judgment against the Defendants and prays this Honorable Court to: 1. Annul the Decision of the Defendant Board of Appeal. 2. Find that the Special Permit has been constructively granted. 3. Grant such further relief as justice and equity may require. Shell Oil Products Company by its attoy, NiOc, y A. taya, Est ire B5 63 Ardiff & Morse, P.C. 55 Ferncroft Road Danvers, MA 01923 (508) 774-7123 DATED: ✓ZIP 5- k -5- CERTIFICATE OF SERVICE I, Nancy A. S. Attaya, attorney for the Plaintiff herein, hereby certify that I have this day served a true copy of the foregoing Complaint, by mailing, first class mail, postage prepaid, to: Robert A. Ledoux, Esquire 314 Essex Street Salem, MA 01970 Nancy . S. ttaya, wire Dated: ,9�� -6- fLTif of Salem, �Eaeza ljusetts •�,� PottrD of Appettl FES 6 51u PM '91 CITY Of SALIH. MASS AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUEST4NGRA'S4ft1419E AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM MASSACHUSETTS A hearing was held on this Petition October 16, 1996 with the following Board Members present: Gary Barrett, Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne, and Albert Hill. 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 Law Chapter 40A. Petitioner, owner of the property, is requesting a variance from the rear yard set back; modification to a previously granted special permit pursuant to Section 5-3(j ) ; and/or in the alternative a special permit pursuant to 5-3(e) (2) in order to construct a car wash at the site of its existing service station. The variance which has been requested may be granted upon a finding of the board that: 1. -Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardships, financial or otherwise, to the Petitioners. 3. Desirable relief maybe 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. The modification of the special permit as well as the new special permit must include the items noted above for the variance absent only the hardship. The City of Salem Bylaw defines special permit use as: "a use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the city's inhabitants. The desired relief seems to require a modification of the existing special permit. (A special permit issued to allow a service station in the B-1 zone. ) Inasmuch as this appears to be the proper relief requested, the application for a new special permit is hereby dismissed. A number of neighbors spoke in opposition to the variance and the modification of an existing special permit. These include the following: 1. Roland Wilcock 12 Buffum Street 2. John Christiansen 21 Buffum Street 3. Sheila Lynch 35 Buffum Street 4. Theodore Yeannokopolus 109 North Street 5. Joseph Murphy 18 Buffum Street 6. Dolly Doda 35 Barr Street A MUE COPY EST CITY CLERK BALM, MASS. AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page two Additionally, a Petition with 163 signatures opposing the Petition for a Variance and/or a modification of a special permit were entered into the record. There seems to be no question that the addition of a car wash will increase the noise being generated from the site and thus further impact the residential dwelling which abut the property on three sides. The traffic to be generated from the site after the erection of the car wash will impact not only the residential neighbors but will also tax an already over burdened North Street. A serious problem has arisen when the Petitioner, after having met with the Ward Councillor and neighbors to discuss this matter, substituted new plans which had not been reviewed by the neighbors, the Ward Councillor or the Board of Appeals. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeals concludes as follows: 1. As to the variance; No evidence having been submitted, the Board denies the variance. 2. As to the special permit; Inasmuch as the new special permit is not required it is hereby dismissed. 3. As to the modification of the existing special permit; There are no conditions other than those constructed by the Petitioner which especially affect the subject property and not the district in general. The relief requested cannot be granted without detriment to the public good (noise and traffic) as without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted five (5) to zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the Petition is denied. �c z� Gary M. Barrett y z;` Chairman, Board of Appeal LaJ t �C m +- W V Li AMENDED DECISION IN THE PETITIONOF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to' Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied 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 t� N Q) N , r �W S S,_ ti t..•p .0 m �U W APPEAL CASE NO. . 6Q 'Board of }peal TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . .W.tlGrth...... .. . .... .. . . ...Street; Zoning District... B,-1...... ........ and said parcel is affected by Sectiou(s)... ... . . .... . ......... of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IB A.1 of the Zoning Ordinance. Direct Appeal The Application for Permit was denied by the Inspector of Buildings for the following reason(s): Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to EXHIBIT A The applicant hereby requests a modification to a previously granted Special Permit pursuant to Section 5-3 (j), or in the alternative a Special Permit pursuant to Section 5-3(e)(2) in order to construct a car wash at the site of its existing service station. The applicant further requests a Variance in order to construct a car wash closer to the rear lot line than permitted in the Zoning District. On August 10, 1970, the Board of Appeals granted a Special Permit to construct a new service station at 111 North Street (see Decision attached). The applicant wishes to add as a service to its customers a single-bay car wash to the existing service station use. Owing to the shape of the lot and the locations of the existing buildings thereon, the car wash must be placed on the location shown on the attached site plan, 11 feet from the rear lot line. Since the property has been used as a service station since 1970 and the proposed location of the car wash is to the rear of the property, behind the existing building, the applicant submits that the requested zoning relief may be granted without substantial detriment to the public good and without derogating from the intent or purpose of the Zoning By-Law. The car wash addition to the site not only provides a service to the customer, it also allows the applicant to remain competitive in a highly competitive business and as a result would suffer substantial financial hardship as a result of a literal enforcement of the provisions of the Zoning By-Law. K RE �L x of �ilkrn '4"Has5a Lil�IJ E1.J +� 42 ?'�� '!J oarb of �-Apnral / CITY �,TSTO �'�~r ?r"riTION OF SHELL OIL COMPANY , INC . , FOR n¢t-nu . .160ii '1L$p ( L M; I'E 'f P?!ITO ALLOW CONSTRUCTION OF AN AUTOMO- o . ooVIOE. BILE SL• PVICE STATION AT 111-113 NORTH STREET AFTER O SC.n s JO•l! Dr',o-to1,ITI0N Or 7xiSTING SERVICE STATION AT SAID LOCATION. siR wVn \wnwICONE F'.t n. • •nnCn _ nOn nn n4Cv. .w T`�e Tnspector of DuildinGs refused to issue a permit to construct a new service station at this location as the existing use is non conforming, ,'or this district , zoned B-1 . Neighborhood business , and referred peti- tioning company to the Board of Appeals . The City Zoning, Ordinance al- lows such a use in accordance with Section V-B-5 "Special Permit Uses, 11- 1 Districts" , when permission is obtained from the Board of Appeals. Hearing was held on this appeal pursuant to notices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements published in the Salem Evening News . All hoard members were present , excepting Mr. Doyle who was unable to a tend . Counselor David T. Doyle appeared for petitioning company with Mr. Edwa Gallagher of said company. Appearing in opposition with the Ward Councillor George McCabe , were M Yeannakopoulos , Mr. Ercha , Mr. and Mrs. Wm. Heffernan, Mr. James Godfre and Mr. and Mrs. Robert Nelson. The Board studied the facts presented by the petitioner and opponents, and it was the opinion of the Board that since a service station was pr ently in existence at this location, that a Special Permit was warrante and would be in the best interests of the community and the district ; i was the further opinion of the Board that the demolition of the present station and the construction of a now station of colonial. design would promote the public health, safety, convenience , morals and the welfare the inhabitants of the City. At a meeting of the Board held on July 27, 1970, it was unanimously vot to issue a Special Permit to Shell Oil Company, Inc . , to construct a go oline service station of colonial design in corfformity with the service station building presently existing at the corner of 934 Massachusetts Avenue in Arlington, Masaachusetts, as shown in photograph of same sub- mitted to. this Board; the petitioner shall have the further obligation of the maintenance of the property to the rear line; the construction c the said building and the landscaping shall be in accordance with the r plans submitted by the petitioners to meet the objections of the neight and which are further incorporated in a letter from the petitioners ' at ney , David T. .Doyle , to the Board, dated July 169 19709 and said plans and letter become an integral part of this decision. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BY .. Act. Secretary DECISION ON THE PETITION OF SHELL OIL COMPANY REQVE$TING FOR A. VARIANCE AT 111 NORTH STREET. (B-1) A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Vice-Chairman; Joseph Ywuc, Richard Dionne, Paul Valaskagis and Albert Hill. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variance from rear yard setback to allow construction of a car wash at 111 North Street. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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. There were no abutters speaking in favor of the petition. 2. Speaking in opposition to the petition were: Roland Wilcock, 12 Buffum Street John Christiansen, 21 Buffum Street Sheila Lynch, 35 Buffum Street Theodore Yeannokopolus, 109 North Street Joseph Murphy, 18 Buffum Street Dolly Doda, 35 Barr Street 3. A petition with 163 signatures opposing granting of the petition was entered into the record. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: A UEC eA EST CITY CLERK SALEM, MASS. THE PROPERTY LOCATED AT 111 NORTH STREET (B-1) ^alge two 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted Five (5) to Zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED October 16, 1996 Albert C. Hill, Jr. Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL y ctu of .;Salem, 4flassaChu Bette M 3 � ✓ 39ourb of �kpreal OCT DECISION ON THE PETITION OF SHELL OIL COMPANY'REQUESTING FORA_ VARIANCE AT 111 NORTH STREET. (B-1 ) A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Vice-Chairman; Joseph Ywuc, Richard Dionne, Paul Valaskagis and Albert Hill. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variance from rear yard setback to allow construction of a car wash at 111 North Street. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands , buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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. There were no abutters speaking in favor of the petition. 2. Speaking in opposition to the petition were: Roland Wilcock, 12 Buffum Street John Christiansen, 21 Buffum Street Sheila Lynch, 35 Buffum Street Theodore Yeannokopolus, 109 North Street Joseph Murphy, 18 Buffum Street Dolly Doda, 35 Barr Street 3. A petition with 163 signatures opposing granting of the petition was entered into the record. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION OF SHELL OIL COMPANY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT Ill NORTH STREET (B-1 ) page two 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted Five (S) to Zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED October 16, 1996 "�1, !I �C J Albert C. Hill, Jr. Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER LOA AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL DECKER & COMPANY, INC. COMMERCIAL REAL ESTATE DEVELOPMENT CONSULTANTS 33 PARK PLAZA, P.O. Box 258 1 LEE, MASSACHUSETTS 01238 41 3-243-4083 413-243-4088 (FAX) June 16, 1993 City of Salem City Hall Building Department 1 Salem Green Sa.1_em . MA 01970 Attn: Leo Tremblay, Building Inspector Re: Shell Oil Company 111 North Street Salem, MA Dear Mr. Tremblay Enclosed please find a proposed Floor Plan as permitted by the Building Permit issued June 10, 1993 and also an amended Floor Plan which shows the change of a door opening to 41x4" rather than the present door such for the exist office to be used as a lounge area. This was reviewed with the State Fire Marshal on 6/14/93 and there was no impact to the Self Serve approval as .of this date. If you have any questions regarding this matter, please feel free to contact me at your convenience. Very truly yours, Ronald J. Fortune, for SHELL OIL COMPANY RJF/sml enclosure(s) BIFPBPNS.SAL cc: , Norman LaPoint, Local Fire Marshal CONSULTANTS TO THE PETROLEUM &CONVENIENCE STORE INDUSTRIES DESIGN. PLANNING & PERMIT PROCUREMENT REAL ESTATE ACQUISITION r, ELEC. PANEL SUS. FURN. COMP. I STORAGE/UTILITY HAND SINK WATER VENT METER STACK O -e- O H.W. ^ � O EXIST O EXIST R.HEATER RR \ ABOVE EMPLOYEE PUBLIC ° EXIST NEW OFFICE S i Z 3 DR. UPRIGHT Z DR. UPRIG J MED. TEMP. MED. TEMP. � d 5- ICE CREAM NOVELTY SALES AREA HAND I 5 GONDOLA SINK UNDER I w I �ZJ EXIST W/ ENDCAPS o U 4" STEP I o 3 I CICS. ABOVE o 0 0 � I _Z RELOCATED CANDY BELOW O 3. SUPPRESSION C R co S S C N. COW SHELVI O1 EW GLASS Z 2 'PlzopoSEc� �LypCz Pt..o.+J 4 � ;, DECKER 8c COMPANY �_ Nor�TrL �T 33 PARK PLAZA 1p N �� MI� LEE . MA E2L , COMP. SUS. FURN. I STORAGE/U11LliY� HAND SINK VENT STACK o o ❑ ❑ 0 EXIST 0 EXIST pF I I R.R. R.R. (J . � 2 w oM e� pXTtN SuRfp X �? 4 wA�IT'r,,rf.ncze.o. 2 �z INSTALL 3ViX3 516 J T � �x � 3 DR UPRIGHT 2 DR. U.PRIGHI Z ?.;LINTEL�7-(OG{a(+.fiY MED. TEMP. MED. TEMP. � 5LV:,,OvER-oFe.NINt. Ex1sT- � S �N6v.i ePEN iNc{ j7�jO(L. � $LKS . \W ° A`T`" LTY SALES AREA S' ICE CREAMMNOVELTY ( � HAND �- 1 � J 5' GONDOLA SINK W UNDER `Z J 1 F � W/ ENDCAPS o EXIST o � 4" STEP o : o I . CICS. ABOVE z o 3 RELOCATED CANDY BELOW SUPPRESSIONIc R RFI FA'�F w SSC N. LOW SHELVI ri EW GLASS IS,LL Z W _��nENr��y Fl.oyrL pl_.A.rJ p � DECKER 8c COMPANY _ IA Nowt tt ST:_ -= Q 33 PARK PLAZA LEE MA Ctv of Irm, � ttsstttijusetts 304 9 �gOttrb of Fprz l fEe 6 514 Ph '97 �lT �p[-;t,'M M. MASS AMENDED DECISION IN THE PETITION OF SHELL OIL_COMPANY R 6 �4}AIBFANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT A411 NORTH STREE , MASSACHUSETTS A hearing was held on this Petition October 16, 1996 with the following Board Members present: Gary Barrett, Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne, and Albert Hill. 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 Law Chapter 40A. Petitioner, owner of the property, is requesting a variance from the rear yard set back; modification to a previously granted special permit pursuant to Section 5-3(j ) ; and/or in the alternative a special permit pursuant to 5-3(e) (2) in order to construct a car wash at the site of its existing service station. The variance which has been requested may be granted upon a finding of the board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardships, financial or otherwise, to the Petitioners. 3. Desirable relief maybe 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. The modification of the special permit as well as the new special permit must include the items noted above for the variance absent only the hardship. The City of Salem Bylaw defines special permit use as: "a use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the city's inhabitants. The desired relief seems to require a modification of the existing special permit. (A special permit issued to allow a service station in the B-1 zone. ) Inasmuch as this appears to be the proper relief requested, the application for a new special permit is hereby dismissed. A number of neighbors spoke in opposition to the variance and the modification of an existing special permit. These include the following: 1. Roland Wilcock 12 Buffum Street 2. John Christiansen 21 Buffum Street 3. Sheila Lynch 35 Buffum Street 4. Theodore Yeannokopolus 109 North Street 5. Joseph Murphy 18 Buffum Street 6. Dolly Doda 35 Barr Street AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page two Additionally, a Petition with 163 signatures opposing the Petition for a Variance and/or a modification of a special permit were entered into the record. There seems to be no question that the addition of a car wash will increase the noise being generated from the site and thus further impact the residential dwelling which abut the property on three sides. The traffic to be generated from the site after the erection of the car wash will impact not only the residential neighbors but will also tax an already over burdened North Street. A serious problem has arisen when the Petitioner, after having met with the Ward Councillor and neighbors to discuss this matter, substituted new plans which had not been reviewed by the neighbors, the Ward Councillor or the Board of Appeals. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeals concludes as follows: 1. As to the variance; No evidence having been submitted, the Board denies the variance. 2. As to the special permit; Inasmuch as the new special permit is not required it is hereby dismissed. 3. As to the modification of the existing special permit; There are no conditions other than those constructed by the Petitioner which especially affect the subject property and not the district in general. The relief requested cannot be granted without detriment to the public good (noise and traffic) as without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted five (5) to zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the Petition is denied. A y O7 � �, „ter ?: Gary M. Barrett aN Chairman, Board of Appeal Ci Z; W h �� V AMENDED DECISION IN THE PETITIONOF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied 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 un at o1Y ur r _ � (situ of#n1em, massac#usetts I*Aj, ss Offtre of the (Sita (Eoundt 1 IrAo (Etta %11 COUNCILLORS-AT-LARGE JOHN J.DONAHUE WARD COUNCILLORS PRESIDENT 1996 DEBORAH E.BURKINSHAW 1996 THOMAS H.FUREY CITY CLERK KEVIN R.HARVEY PETER L.PASKOWSKI SCOTT J.MCLAUGHLIN REGINA R.FLYNN JOHN J.DONAHUE STANLEY J.USOVICZ,JR. January 22, 1997 LEONARD F O'LEARY WILLIAM A.KELLEY SARAH M.HAYES MARK E.BLAIR Salem Board of Appeal City of Salem One Salem Green Salem, MA 01970 RE: 111 North Street, Salem Dear Members of the Board: In reference to the Shell Oil Products Company' s petition dated May 22, 1996, to construct a car wash at that locus, please be advised that I am quite upset that the petitioner and their attorney now feel that such relief was granted constructively by the non-action of your Board. It appears that the petitioner and/or its attorney have determined that Mr. Hill ' s opinion, filed October 30, 1996, fails to address the request for a Special Permit and/or a modification of the 1970 Special Permit relative to that locus . After much effort on my Dart in organizing a neighborhood meeting, attending three ( 3 ) of your Board' s meetings and notifying abutters to attend same, I am convinced that the sense of the Board was to defeat the car wash proposal in any form. The bottom line in Mr. Hill ' s decision is that the petition, whether it be for a Special Permit or Variance, has been denied. However, I cannot in good conscience, leave the burden of appealing this position of Shell, regarding constructive grant, to my constituents . They performed their civic duty when they appeared, spoke of their opposition, and convinced the Board to vote against the petition. An appeal by them under the provisions of Chapter 40A, Section 17 would be too costly, time consuming, and unfair to them. Rather, I suggest strongly that the Board take the following action: 1 . Write an addendum to the Board' s decision emphasizing that all requested relief, in whatever form, is denied. 2 . Order the Building Inspector to not issue any building permits for the construction of the car wash, and request the City Solicitor to defend the Building Inspector in that effort. 3 . Request the City Solicitor to seek a temporary restraining order and/or an injunction, prohibiting the construction of the car wash. 4 . Take any other action that the Board deems necessary to prevent this apparent injustice. Let me end by saying again that I am quite concerned with this alleged constructive grant, and I request immediate action, even if such were to require a special meeting of your Board. Sincerely, SARAH M. HAYES COUNCILLOR WARD SIX CC: Mayor Harrington Members of the City Council Building Inspector City Solicitor Titu of �ttlem, 'Tassttchusette 3 'Bourn of �fr{reul DECISION ON THE PETITION OF SHELL OIL COMPANY REQUESTING FOR A. VARIANCE AT 111 NORTH STREET. (B-1 ) A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Vice-Chairman; Joseph Ywuc, Richard Dionne, Paul Valaskagis and Albert Hill. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variance from rear yard setback to allow construction of a car wash at 111 North Street. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands , buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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. There were no abutters speaking in favor of the petition. 2. Speaking in opposition to the petition were: Roland Wilcock. 12 Buffum Street John Christiansen, 21 Buffum Street Sheila Lynch, 35 Buffum Street Theodore Yeannokopolus, 109 North Street Joseph Murphy, 18 Buffum Street Dolly Doda, 35 Barr Street 3. A petition with 163 signatures opposing granting of the petition was entered into the record. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION OF SHELL OIL COMPANY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 111 NORTH STREET (B-1 ) page two 1 . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted Five (5) to Zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED October 16, 1996 Albert C. Hill, Jr. Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL ` F1 of ` c�IPTti' �IsS�TcY�LtSP'� fi RE r,f' '�7 AUG 10 3 42 IIttrD IIf �ppEZ11 gFdN' PETITION OF SHELL OIL -COMP ANY, INC. , FOR WILLIAM R. ABBOTT `SP�F 'tI: PERMIT TO ALLOW CONSTRUCTION OF AN AUTOMO- JAMES H. BOULCER BILE SERVICE STATION AT 111-113 NORTH STREET AFTER JOSEPH F. DOYLE JOHN M. CRAY, BE. DEMOLITION OF EXISTING SERVICE STATION AT SAID LOCATION. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to construct a new service station at this location as the existing use is non conforming for this district , zoned B-1 , Neighborhood business, and referred peti- tioning company to the Board of Appeals. The City Zoning Ordinance al- lows such a use in accordance with Section V-B-5 "Special Permit Uses, B-1 Districts" , when permission is obtained from the Board of Appeals. Hearing was held on this appeal pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members were present, excepting Mr. Doyle who was unable to at- tend. Counselor David T. Doyle appeared for petitioning company with Mr. Edward Gallagher of said company. Appearing in :opposition with the Ward Councillor George McCabe, were Mr. Yeannakopoulos, Mr. Ercha , Mr. and Mrs. Wm. -Heffernan, Mr. James Godfrey, and Mr. and Mrs. Robert Nelson. The Board studied the facts presented by the petitioner and opponents, and it was the opinion of the Board that since a service station was pres- ently in existence at this location, that a Special Permit was warranted and would be in the best interests of the community and the district; it was the further opinion of the Board that the demolition of the present station and the construction of a new station of colonial design would promote the public health, safety, convenience, morals and the welfare of the inhabitants of the City. At a meeting of the Board held on July 27, 1970, it was unanimously voted to issue a Special Permit to Shell Oil Company, Inc . , to construct a gas- oline service station of colonial design in coAformity with the service station building presently existing at the corner of 934 Massachusetts Avenue in Arlington, Massachusetts, as shown in photograph of same sub- mitted to- this Board; the petitioner shall have the further obligation of the maintenance of the property to the rear line; the construction of the said building and the landscaping shall be in accordance with the new plans submitted by the petitioners to meet the objections of the neighbors, and which are further incorporated in a letter from the petitioners ' attor- ney, David T. Doyle, to the Board, dated July 16, 1970, and said plans and letter become an integral part of this decision. , BOARD OF APPEALS / SPECIAL PERMIT GRANTED AS REQUESTED. BY Act. Secretary ` DOYLE & DOYLE ATTORNEYS-AT-LAW 81 WASHINGTON STREET - iSfi SALEM, MASSACHUSETTS 01970 AUG JOSEPH F.DOYLE 3 42 JOSEPH F.DOYLE,JR. PHONE: 7440520 1�p DAVID T.DOYLE alY`l l L.Li1',A y[[1 MAURICE A.CHOWNARD SALEM , HAS5t July 169 1970 BOARD OF APPEALS .City of Salem Salem, Massachusetts Gentlemen: This office represents the Shell Oil Company concerning a special permit for the r.onstruction of a gasoline service station at 111-113 North Street, Salem, Massachusetts. , A hearing was held. before the full Board on April 1. , 1.970, at which time the Board took the matter under. advisement . Subsequent thereto the Board suggested that Attorney George F. McCabe in his capacity as Ward 6 Councillor and I as the Attorney for Shell Oil Company attempt to resolve the problems presented by the neighbors. In conformity with the Board's directive , we have had discussions with all parties concerned. To meet the objections of the neighbors, the plans have been modified in the following manner: 1. Changed landscaping on the left hand.. side of the property to alleviate complaint about_ grade conditions and to keep the retaining wall there. (Yeannakopolous side) 2 . Moved the rear yard pavement line ten (10) feet further away from the rear property line. 3. Changed the location of the underground tanks so that they are now closer to the street. e 4. Relocated the five foot Cedar screen fence to the top of the slope in the rear to further screen the service station yard from the rear and the side properties. S. Relocated the rubbish area from the rear of the station to the side, J DOYLE & DOYLE cE ` cp F , ATTORNEYS-AT-LAW �} 81 WASH I NGTON STREET SALEM, MASSACHUSETTS O197OAuG I V 3 42 �� •�� - JOSEPH F.DOYLE JOSEPH F.DOVLE,JR. PHONE: 7440620 CITY vL�-'''� J Ui'ME DAVID T.DOYLE 4 SALEIA, MASS' MAURICE A.CHOUINARD Board of Appeals -2- July 16 , 1970 6 . Changed the grade ' of the yard to reduce the overall heinht of the service station property. 7. Agreed to leave all the trees to the rear, clear the underbrush and plant weeping willows in the treeless area of the rear yard. 8. Changed the landscaping on the right side of the station (Tobin side) 9. Made known to the neighbors that Shell pit Company, Inc. was agreeable to change from a Colonial to a Ranch Style design to reduce the overall_ heinht• of the building as seen from a rear perspective. The Company is still willing to do this if the Board 4p-ems- it advisable . A new plan incorporating all of these changes has been filed with the Building Inspector, Mr. Daniel O 'Brien, along with a letter from Attorney George McCabe. I do emphasize that the neighbors and Attorney George McCabe still object to the service station and. no agreement could be reached that the special permit could be granted on the conditions as herein specified. As I said at the meeting before your Board., the old service station will remain in any event and the purpose of this special permit will be to construct a station of colonial design with construction and acquisition costs to approximate $1.80,000.00. I respectfully request that the Board act favorably on this permit at it ' s next meeting which i_q Monday, July 27, 1970. Thank you for your consideration. Very truly vou . s , David T. Doyle DD:mm CC: William Abbott CC: Emery Tanch James H. Boulger Norman Welch John M. Gray, Sr. Attorney George McCabe Arthur E. LaBrecque THE COMMONWEALTH OF MASSACHUSETTS ` S A L F M ................................... ..........._...................__............. ....... ' clry DR rowH BOARD OF APPEALS ................AJ_uG iST...1.J.o...192.Q........I9 NO'T'ICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To------------- MILTON--AUESS & PETER T TOOMASIAN c/o SHFLL OIL CO .................... ....... ..................-..... •. --.....-----•............_......_......... Owner or Petitioner Address.....52 -WEST 52nd STRP F,Ty NEW YORK, NEW YORK Cityor Town................................................................... ........... ....... ........ ----••---------•---•------ -------------------•111-11....NORT... STREET ...................... SALEM, MASS. Identity Land Affected City by the Tamm-of........... MML k!A_-MASS. Board of Appeals affecting the rights of the owner with respect to the use of premises on. l..l.J.-.JJ.3..N.ORT1i..S.T.REF.T-............ -------------- GA!:FM_---MASS.................................... street City or Town the record title standing in the name of MILTON ADESS &. PF,TER T TOOMASIAN C/_O__SHF.,LL OIL CO. ................._............................................................. ------------ = -•----..... ........... whose address is...52-_WF,ST52nA..... T.RliFT-....--.NEK_.Y.?RK.................NF[d..YQRK-------- Street City or Town State by a deed duly recorded in the.SOUTH...FSSEX •County Registry of Deeds in Book Page............. ..........................Registry District of the Land Court Certificate No----------------- ............._-Book ................Page......... . The decision of said Board is on file with the papers in Decision or Case No...... ---------- City in the office of the 'Fmm-C1erk.....ATJGUSTSNE_-J.___TOOPgEY___________________________ Signed this....11'.day of---AUGUST-.1970..................196 Board of Appeals: / . / - . Chairman Boards of A"penl8 ...... _�- .... Act.0erk Board of Appeal"-" --------•.......................•--------•----.19------.. at--------------o'clock and------ .................minutes ....M. Received and entered with the Register of Deeds in the County of..............I........................... Book........................ Page......................_ ATTEST ................................... Register of Deeds Notice to be recorded by Land Owner. 6. FORM 1094 HOBBS & WARREN. INC.. REV15ED cHAIT.. 212.1962 it Leo Bi I I has re✓i•ewed ` kis play, a od l��s Mc) problem wjf'k ass loVII cls fti-eA1 qr-e rtof pry fos i n j a .,y new si5n�5e . 1, 4�, ems+ - ��- av,c �(u�✓►in� ov, fhs k, r1eu} si�v�a�e, we'd I i �,c I see eA spec . 'I17aviks. ,_,.,. - ` ... � �Y I�� ' ►' ►� ;.�:� I ' � C •. S. � 1._'--� _ ___�. ..T . I py��,,. � �.�i ; __.ii w.�a.,l;mu:3+ �M11gLll,Mtq+ DECKER &- CO. , INC. FAX COVFk THEEi• I�fa. 012.18 PHON ' 413-2pg3 FAk. 413-1 t3-4D29 A"E tip 1 -- - ,- i a-y _ TO�._ ,7.t.^r 2YA�ib1•dV_�_. _ _..._ . _ _ _P.E: M r} _ _ Srr.re tip? «ARE fA);NG YJL` frit' FO.LOrr,NG Fu.:�•__r.UPY JY _,_ _ TY'+J1; mpy (W, P!A - ..—.�.�..w..a"� c - '_.. __ . Y?}t 4111yi1'!G RS4S'3NS FS `'C + R£:'JESTEDC) '08 WJILW F COtdWENTn RF.SUbM11 rt/ Rev.//••�� _f£u� Pt rivieu unci to nd in kf�t3 . Thank YOU f._offr yoa. a clp, 'J i0 „Cl US AT to JR 1LC•N^,'F1jirNCL. 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IT.r'�_rw-_..-r_r. .'.-y , aa:a rel ' Y yyr � ' ' • ' .� `: . 4 �- �I'�,:r .�jRY.'. i t*(r'ni.`hzm`e'�"e . �_x•+r'r..•�;�..�.1""i._ .... .."Fil.t r. :^�w• + <� l_7.tii�•��Y=-• ...r, ., t. •ti•.c•'=^ter �i�.4 6' _ r. r f �/w�� j �yr�..' .•_•��_t j_._._.: - pt, ..-•.•..1-�r r« ..t-..�-...�- -'-t--- -� yM cj !• •.P�1 MAa'1e0' �l�n �•�� P�(�.3L9 t 1 ;C .9 C'K',- do Cf7tRP.a.NI' IM LSE t. Zv r'�, ,F,ew C`.' t dJ . , .x^rv�pw, ,. . .,.,,ins.... .-•.. '.'. ,..q..,,•.. ..-.s w..:r, *res+.r...•• .;..: .8 - s Z6.Z r LO RINDA J. 8 Y.WGINI A R.TAGimp,I I EDITH F. Ht.r-FE2NAN I ROSE A, 000FREY ET AV-5 ( ROBERT N. JEANETTE 1 jOSEgm 4114 ERCNA N( 24- OG - 31 W- ,, / 1 N z4 o G'-3 'T..w Zp• 7' - ^ ~� ' 1- ~21 4 z37" "fit - � ' , ' ' z 3•� lam- > ) 1-x-24, S 'o _ "K- - - =/ 136. 3234.00 z �: 5 2�4 T 19.3 Uj - � i oo zs•o � , 5/\ 1 I fs, .. ? 1.6 �I I70. BRUSH A140 Slvta,>_.>_ 12EV. 3 24.7 � z1• I �. t9,7 � i zl"8 z3 .9 1 21.9 22.8 24. I GRASS a 23, I UI r �8 - A�� flz � c�D1N 03� CD _zl S o g R u s�--� �,., � 184 5Q. FT. L, � � Z4� , � 3 �I� 1.03G SQ. F-r. 1 !� 2 29.3 1 .r' 7-14 2S.6 / 7( 0 Z8 0 zs zb 5 28 •Z C � 7 28 �• a 23. 9cow- f-TEB L I � , 21 ,1 l 22+3 I ► IGNT 9 30.4 {uPOGRAPHICAL PLA1.1 OF LAAtD b`' y s 0PK Fb� 27 zs 2. 3 4 r i 28• 8 8 4I SALF. M MASS � �Iz CONC. MAKE A GRPc S 7 2$. SLA 0 - 010 v^ \,8 zg.G 28 29 g a 3 I SHELL OIL COMPANY I ' � 28.E i$MAPS � 5 �� +� � 30 3 3o- t SCALE 10FT To -rµE lmcH z q\\.\ �9 z7r\� FLQaR ELeu ZB,Q r 4'MAPLt / BLACKTOP SURFACE z4s L- z ROW{-AND 'A.BAIZKES& CO•,INC. CI41LENGINEEFLS \. \ , _., __._. zar7 oL \I Q Ln -- �e$I MAIN HJT, WAI-Z-F,1AM� MASS, O - - 1u [n I pZ. f.Ji - I n�CEMBER 1969 � � \ 1 � o 0 31 'i 28 �C �` 7 SLAB 29 Y z9 I i 3�r 6 u \ Z q 3 •• \ IQ MgpLF In � I W Z (510�0 LO ti a p 31.13-34' 37 P' z. a C c ti OK RETC Pp,o ,�!• I �' . r o`S zq. 6 TWrN 00 0< a ° a MAPLE o Ld l 1 z ti q � y 1 �q tiq z9.8 30 O Nr, I a Seo rnLd O Otj � \ w \ t- 1GXT v ' 1q d d av orO1 \ 0 L ti 3 I 37J o 31 1 N p, t09 N �N�tim LiGK No. 113 �� I No.1IS 3. r \\ ♦ ,��.. �\0. S►+ELL SIGN PALE �� , 3� ` ♦ \ I(�ON SIGN \ I. G 161- 26.8z 99.3'Z 2 29 2q� 41.22. -3oQ� r 31,3 - 31 3z 4 32 9 ti -�- S24 Z. G- ooh SSP �- S2.5 - 28- 28E sEO. M.H. TREE _GRASS $ LIGHT .G' I8Mav�E G9-A.SS • 3x. 0 2S' z 's 2l•Z 21 GRA555 POLE z9 2 2 29 o so s• - X1 4 ------ 1-1 2"7 5 z8 y aq 0 Gatc . 19+=:3o'S 31'3 3 1\ �,r), RIM 2.g aS -- -- - - - - - t,�(tia.�� _- - - -- - � -- INVEQrjILl•°S- - i 2.0� X 3O• SANITARY S£W EiZ'. -{ . }--- J_5 S7oszM 5>=wF _ - RI MI x/29•`t> i InvcRT 2z.82 26.4 i "�. 1 H r. O 37.3 29 44, TEL.�PHouE. - � . _ 1 BENCH MARK- o f . HYDRANT NOR'rw TOSgoQn�aST Top A (� _ . ELT o 1-VA 1 N (` ) Cha Y ✓..F. dus.d +fav Wivi5 ... a ... . , . ': . .. ... -.. .. .1' .... ., .. :... ... - ... ... ., uA ♦ , - • n- 1 ... r -. a . ... _ . x... ...v - i .. ..- ...... ...i--_u. .. _ _ 4 Wua •1 i _. � _ it � _ I � l i - - i E __ __. __ _ _. _ _ . --- _ _ :. '� ,; I � f i ,� -��'�� _ ` -__ i �> I 4 I IfI I _, a _�_ e: 1 p Q T.y�C� `. �4 'J• r ` r � ^ �� .��' .. ..M `�� " ►��`�� •�{Tt 1 s�fes„ 1 7! fes`` N �_'7tTirw,'y.fil3f�r+�o a � •_.. �•x+eec'*,_,�► � �. rc� v .r. kya Fa yn_d S W d °a M1 + i It fiv x�f 4� �� ¢•�, � •� 1• �' s i, ,. <' { k.,9 d, 'f, "s{,'4'ti, ��' ` s. :ar,. . ro,. •� s {•... ' " i'.'9A'."1:;.._ •-t.Y.'T":t r + � m .x'. t, ;'� � LiF` -.!'::: } ' KODACHAOME EN-_AROEMENT r OCT,66R ESodnh a _, I AIN to) ■■■ • •y CD Ij co0 ■rl �� y i , II it , i , 1�� ,I te•�III�1 �.1� � 1 1 4 IWO OEM ILU <<� soon ®■®■ W -®■.■ H -.■■ i I s i MW _ t 3 Associates, Jfl( INSURANCE ADJUSTERS TELEPHONE: 8723529 and 235 7343 P,O. BOX 904, FRAMINGHAM,MASSACHUSETTS 01701 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 38 Connecticut Indemnity TO: Building Inspector or 9 Farm Springs Drive Board of Selectmen Farmington, CT 06032 Building Inspector Salem City Hall Salem, MA 01970 RE: Insured: North Street Shell Property Address: 111 North Street Salem, NA Policy No. MLP 40 53 19 Loss of February 12, 19_21 (Fire Damage) File or Claim No. 32778 Claim has been made involving loss, damage or destruction of the above-captioned property,.which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. It any notice under Mass, Gen. Laws Ch. 139 Sec. 3B is appro- priate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. / J A Barone Title: Adjuster On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. J. A. Barone Signature and date 2/21/91 Mow 3 Associates, Jlf(, INSURANCE ADJUSTERS TELEPHONE 8723529 and 2357343 P,O. BOX 904, FRAMINGHAM,MASSACHUSETTS 01701 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3B Connecticut Indemnity TO: Building Inspector or 9 Farm Springs Drive Board of Selectmen Farmington, CT 06032 Building Inspector Salem City Hall Salem, MA 01970 RE: Insured: North Street Shell Property Address: 111 North Street Salem, MA Policy No. MLP 40 53 19 Loss of February 12, 19_21 (Fire Damage) File or Claim No. 32778 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000,00 (,� or cause Mass. Gen. Laws, Chapter 143 Section 6 to be applicable. v If any notice under Mass Gen Laws Ch. 139 Sec. 38 is appro- priate please direct it to the attention of the writer and include �y a reference to the captioned insured, location, policy number, date of loss and claim or file number. I J A Barone Title: Adjuster On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mai 1. J. A. Barone Signature and date 2/21/91 No- City of Salem Ward Al L APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:1, it, ill, IV, and IX. I. AT(LOCATION) 111 North Street DISTRICT R-1 LOCATION (NO.) (STREET) OF BETWEEN AND BUILDING (CROSS STREET) (CROSS LOTET ) SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION'USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(If residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,if any,in part D, 13) 19 ❑ Chruch,other religious 13 ❑ Two or more family-Enter number 3 ❑ Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial 21 ❑ Parking garage 4 ® Repair replacement 14 ❑ Transient hotel,motel,or dormitory- 22 ® Service station,repair garage Enter number of units ........................... 5 ❑ Wrecking(if multifamily residential,enter number 23 E] Hospital,institutional of units in building in Part D, 13) 15 ❑ Garage 24 E] Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 7 ❑ Foundation only 17 E] Other-Specify 26 E] School,library,other educational 27 ❑ Stores,mercantile B.OWNERSHIP 28 ❑ Tanks,towers 8 ® Private(individual,corporation,nonprofit i 29 ❑ Olher-Specify institution,etc.) 9 ❑ Public(federal,State,or local government C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary school,secondary school,college, parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement ......................................................... $ 42, at industrial plant.If use of existing buildingis being changed,enter proposed� 9 9 P Posed use. To be installed but not included in the above cost Two existing gasoline pump islands to aElectrical........................................................................... b. Plumbing.......................................................................... be renovated per attached plan dated c. Heating,air conditioning 5/26/93 d. Other(elevator,etc.)..................................................... 11. TOTAL COST OF IMPROVEMENT s 42 , 000 111. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE T OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL lJ 30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 Public or private company Will there be central air 31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning? 32 ❑ Structural steel 37 ❑ Electricity 44 ❑ Yes 45 © No 33 ❑ Reinforced concrete 38 ❑ Coal - H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 ® Public or private company 46 ❑ Ves 47 © No N/A N/A 43 [ Private(wen,cistem) J.DIMENSIONS N/A M. DEMOLITION OF STRUCTURES: Aa. Number of stories ............................................................ 49. Total squarefeetf Noor area, all floors,based o Has Approval from Historical Commission been received nexterior dimensions ......................................................................... for any structure over fifty(50)years? Yes_ No N/A 50. Total land area,sq.n............. Dig Safe Number N/A K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: N/A 51. Enclosed ............................................................................. HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? sz. outdoom............................................................................. Yes No N/A L RESIDENTIAL BUILDINGS ONLY Water: sa. Enclosed .......................... Electric: A Gas: Full.... ..... Sewer: 56. Number of bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial .............................. BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ Nox-- (If yes, please enclose documentation from Hist. Com.) Conservation Area? Yes_ Nox- (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes--X No Is property located in the S.R.A. district? Yes_ NoX Comply with Zoning? Yesx No (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No_ (If yes,submit documentationfif no,submit Board of Appeal decision) N/A If new construction, has the proper Routing Slip been enclosed? Yes_ No_ N/A Is Architectural Access Board approval required? Yes_ Nox- (If yes,submit documentation) Massachusetts State Contractor License# 055126 Salem License # Home Improvement Contractor# Homeowners Exempt form (if applicable) Yes_ No CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary, please submit in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name Mailing address-Number,street city,and state ZIP Code Tel,No. Shell Oil 400 Blue Hill Drive Westwood, MA 02090 17=461 owner or Lessee Company 4600 2. Petroleum Brian Reynolds ) 055126 08-966 Contractor Builder's Engineering License No. 1600 a Decker & Co. P. O. Box�258 Lee, MA 01238 13-243 Architect or Engineer 3 4083 1 hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Sign ure of applica Address Application date or SHELL OIL P.O. Box 258 Lee MA 01238 6/10/93 DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building D� p� FOR DEPARTMENT USE ONLY Permit number Building Use Group Permit issued �� 199 !� 7 Fire Grading Building Permit Fee $ / / Live Loading Certificate of Occupancy $ Approved by: L Occupancy Load Drain Tile $ Plan Review Fee $ TL NOTES AND Data-(For department use) PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: 6 VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use SEE ATTACHED PLAN DATED 5/26/93 O N 4' GERALD W. O'NEILL C 55 Willie. Street District Engineer WELLESLEY, MASS.01181 1 SHELL OIL COMPANY Telephone:137-3000 No.�21�1 City of Salem Ward �I �GL,QM.�Y APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:I, It, III, IV,and IX. ZONING I. AT(LOCATION) 14 G a2TN �7' DISTRICT LOCATION ("0.) G (STREET) /p Q OF BETWEENy��YL D A/L.eJ AND .s OOww(s� BUILDING (CROSS STREET) (CROSS MEET) LOT SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION'USE MOST RECENT USE r 1 ❑ New building Residential Nonresidential 2 ❑ Addition(it residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,if any,in part D, 13) 19 [:] Chruoh,other religious 13 ❑ Two or more family-Enter number 3 Alteration(See 2 above) - of units....................................................... 20 ❑ Industrial 21 ❑ Parking garage 4 ❑ Repair replacement 14 ❑ Transient hotel,motel,or dormitory- Enter number of units ........................... 22 ® Service station,repair garage 5 ❑ Wracking(If multifamily residential,enter number 23 ❑ Hospital,institutional of units in building in Part D,13) 15 ❑ Garage 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 26 ❑ School,library,other educational 7 E] Foundation only 17 ❑ Other-Specify 27 ❑ Stores,mercantile B.OWNERSHIP 28 ❑ Tanks,towers [P 8 Private(individual,corporation,nonprofit institution,etc.) 29 ❑ Other-Specify 9 ❑ Public(Federal,State,or local government C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary school,secondary school,college, U parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement ......................................................... $ r� Q� at industriaalll Plant.It use of existing building is being changed,enter proposed use. Tobe installed lebut not included in the above cost Cir a. Electrical........................................................................... b. Plumbing.......................................................................... C. Heating,air conditioning........... d. Other(elevator.etc.)..................................................... 11. TOTAL COST OF IMPROVEMENT $ III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 ❑ Public or private company Will there be central air 31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank etc.) conditioning? 32 ❑ Structural steel 37 ❑ Electricity 44 ❑ Yes 45 ❑ No 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 ❑ Public or private company 46 ❑ Yes 47 ❑ No 43 ❑ Private(well,cistern) J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 46. Number of stades ............................................................ 49. Total squors,re bated n exteriloor or Has Approval from Historical Commission been received all Boors,based on extedor PP dimensions ......................................................................... for any structure over fifty(50)years? Yes_ No_ 50. Total land area,sq.B..-................................................... Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed...._............................. HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? 52. Outdoors........................................................................... Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed.. Electric: f Gas: 1 Full..............._..............._......... Sewer: 54. Number of i bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: i i Historic District? Yes_ No✓✓ (If yes,please enclose documentation from Hist.Com.) Conservation Area? Yes_ No ✓ (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No Is property located in the S.R.A. district? Yes_ No I Comply with Zoning? Yes_ No (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No (if yes,submit documentation/if no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No Is Architectural Access Board approval required? Yes_ No ✓ (If yes,submit documentation) Massachusetts State Contractor License# c0 O Salem License # Home Improvement Contractor# Homeowners Exempt form(if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT If an extension is necessary, please submit CONSTRUCTION IS TO BE COMPLETED BY: in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name Mailing address-Number,street,city,and state ZIP Code Tel.No. 1. O Owner or Lessee 2. Gt 7 <i� 4lca �t-Q.Q 2 �i10K�Fi�tO J/g�� 4�S-/f�9U Contractor �S Builder's AA 01060 License No. 3. Architect or Engineer I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.. Signature of ap Address Application date ? �C&*'4 ��i�i ,7 � �JTi APPOINTMENT FOR FINAL Salem Eyre Department INSPECTION MUST 8E F.,ce Pnleventon Swceau. I APPOINTMENT FOR FINAL EEK 48 La4ayette Street INSPECTION MUST BE MADE AT LEAST ONE W Salem, Ma 01970 MADE AT LEAST ONE WEEK AHEAD.............- (508 ) 745-7777 AHEAD........... FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance with .the p4ovt4ton4 o4 the Ma.64ac.hu4etz State Buttding Code and the Satem Fite Code, apptZcatLon 44 hereby made 4oa apptovaZ o4 ptan6 and the Z-6.61jance o4 a ceAt44tcate o4 appr.ovaE 4o,% a buZZd ing pe,u i.t by the SatZpm F-vice Deparfiment. (Re4. Section 1 13. 3,,, Ma-6-6. State Bldg. Code) Job Location: //!// //�vD�/�7 S/ Owners/Occupant: EZectiuicaC ContAacton: Ft1 to Suppre.6.64on Cont,%acton: Applicant: Phone #: 219� AA ea b �O. TCuwn: or. 3 3 /��4.eK O/23g Appr.ova2 date: !_ 3 Ce .t.Z ,cate o4 appnovaZ .1-6 he.,ceby granted, on approved ptan6 on 6ubmtXtaZ o4 ptojec-t detai.C6, by the Salem F4:,%e Depa4tment. AZC pta." ane approved cote e.y 4o4 idenLi4.Lcat4on o4 type and Zocation o4 44, a protection devtr-e s and equipment. AtZ ptan,6 ane .6ubjec-t to approvaC o4 any othe-% authority having juAZzd-LctLon. Upon compZet-ion, the appt-Lcant or 4."taZ2er(.6) ahatt reque.6t an .r ,6pecti.on and/on teat o4 the 4.ace protection device-6 and equipment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New eonbtruetion. Property Zocation ha.6 no compliance w4th the provi-6tona o4 Chapters 148, Section 26 C/E, M.G. L. , 4e2.at4ve to the -cn6taZa Zon o4 approved 4.uce a aAm dev.6ce.6. The owner o4 this propea y 4.6 ,Lequ44ed to obtain compt i,ance aA a condition o4 obta.ining a SuUd ing Permit. 0 P.tope- ty Zocat(.on .i,6 to compliance w.Lth the ptov44tows o4 Chapter% 148, SeetCon 26 C/E, M.G. L. ExptAatLon date: Stgnat :Vo4 F is iaZ CG Fee iva: unde t 7 . 500 Sq. Ft. - 00 COMMONWEALTH OF MASSACHUSETTS Eek DEPARTMENT OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET fames� Camooei, BOSTON, MASSACHUSETTS 02111 Com- ssione WORKERS' COMPENSATION INSURANCE AFFIDAVIT L v t G/ /L i t 14L / P, (licensee/permince) with a principal place of business/residence at: (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: fK-1 am an employer providing the following workers' compensation coverage for my employees working on this job. Insurance Company Policy Number [ ] I am a sole proprietor and have no one working for me. [ ] I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number [] I am a homeowner performing all the work myself. NOTE: Please be aware that while homeowner who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowner for a license or permit may evidence the legal status of an employer under the Workers' Compensation Act. I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' office of Insurance for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to $1500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a fine of$100.00 a day against me. —7- Signed this %�� day of \ 1 J� 119/u Licensee/Permittee Licensor/Permittor DECKER & CO. , INC. LLIILN Ur IKANSMIIIAL DATE: 4-1-93 P.O. BOX 258 LEE, MA 01238 ATTENTION: Leo Tremblay PHONE: 413-243-4083 FAX: 413-243-4088 RE: Shell . Station TO: Salem Building -Department 111 North Street Leo Tremblay Salem, MA GENTLEMEN: WE ARE SENDING YOU ATTACHED O UNDER SEPARATE COVER VIA O THE FOLLOWING ITEMS: XEROX COPY O PRINTS O PLANS O FINALS O SPECIFICATIONS O COPY OF A LETTER O COMPUTER WORK O PRELIMINARY WORK O OTHERS O OF COPIES DESCRIPTION 3 Sets plans 1 building Permit application THESE HAVE BEEN TRANSMITTED FOR THE REASON(S) CHECKED BELOW: OFOR YOUR APPROVAL O APPROVED AS SUBMITTED O RESUBMIT FOR APPROVAL OFOR YOUR USE O APPROVED AS NOTED O RESUBMIT FOR OUR USE OAS YOU REQUESTED O RETURNED FOR CORRECTIONS O RESUBMIT WITH CORRECTIONS OFOR REVIEW & COMMENT O O I REMARKS:—Leo, please find enclosed the above referenced material A Contractor has not been determined at this time , however , Once you have approved the proposed work and all permits are ready, We will contract with a contractor that has a- valid Salem Contractors License . This contractor will be the person who will pick up the permit once executed . IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT US AT YOUR CONVENIENCE. SIGNED: lj1 — v v DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building p�� (]� FOR DEPARTMENT USE ONLY Permit number / 7 Building Use Group Permit issued 19 Fire Grading Building Permit Fee $ � Live Loading Certificate of Occupancy $ Approved by: Occupancy Load Drain Tile $ Plan Review Fee $ TITLIKE NOTES AND Data•(For department use) PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: ik VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Appiicant Use q \v W O N ousiness caernucate Up of batem. Aaggarbugettg DATE FILED Y) �2a , I'K3 Type: Z- :N`ew Ex P�tration Date— n(24 ' a2 /g /�� s '> Renewal. no change Number 7�7'o7rg 7 ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declarets) that a business is conducted under the title oi: at. e,YNA M o �`�1 c� type of business ry \'cam c� a\v & CtO_-'OQt'r'z-- by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence Hom�� 3cbE\.or-� %k'kN� Ceyre trc. Sig�na attures ^ n ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- on 19-91-the above named persons). personally appeared before me and made an oath that the foregoing statement is true. ----------------------------------------------------- ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # nil — 7d - o?6 7(_ (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5. of Mass. Dene.^' L3 +S Pte., ^,:i""' .`, s, ail be :n 2:._ icur t'+) years ;rom the Gare of :SSUe .:+".Q Slial. Ze renewed each four vears thereafter. A statement under oath must be filed with the :own clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Yiolations are subject to a fine of not more than three hundred dollars ("$300.00) for each month during which.. such violation continues. I . 1. 9 e Lb aIe , . ,, AN D p� 5 I ra __.• Sat r- I A N I > LOC,4,710H PLN cis ` ----------- - Ii - ToF of BANK f --- Top of B/iNK i - t liil GRID`,? RAS t i \, ASPM/{LTr IA 7.�, •e AsH � . ! NSPECTI Dill�etlT X_ F�Nc ' ; lI STaRAciE pQ �/ i P Pt K I w G! B Nyco FLC)6VLIGN'T E PI` A RKINlG , I I i l w 4 dot F , STORAG � Iw I I TYPE F}`rIce '411 4GAR5 1 • �� ,� 1. I 5'wALt�r_F 11 �! 13 I TYPE FEHct��- .b i -" ' O I p �t �q OFFICE x _ I �l/ r � SHL ES I RoaM I } 0oa1� � IUoan 3 BAY D . R�\ I ANGF} I GaL, J I _ -- I EL�Ev- -2.3 _ - -- I ft -- I I GAL. i Co G FiL TOTAL- FARKINIr 2a CAP, ~ , I 1� I o 01� II - I �_` -I- PAD 0 I� X I� IStUPERI V - _ -- -- CONE, AGK PraD G I S VELLI FINISH CRtvE�. i RSPNAL7 I _. • . +�1 i I I � E f A L / � i R��M%aiE 1 `�- I DIST M[7R . / ?s - 1I -- - EXIT GAGES zl • l — . SALE r SUPV, I� �a _ - �'� F-� � , FZ�rtiovE 'C F doNc.. MAT IS �ENCr , AR 1 D R4-M,:O E w I }{T + i ,l' i �1 ` L} _ - N WALE �. � �ir jai D1sT R E __._. aT �.. f T � K _ . ' A - � F�mctr - jl , I. Gr, nl i PACToR sHF< LL Ki nnovY X .. ; err I r .o it L9 D1 T SALES REP F r 1 -r ALL (3 R U S N 5 A P t D `I'R[E 5 co r iG v - ----- -- _-- ----- -- }_. e ATI N , -c o I •,, ? � � _ I - _ , 1 _ 2. ALL LAND5cA•P ! N `- $Y ATHCFR-� � ., LANV5cAPE ANP PLANTIN4 - AREA5 To HAVE 12" AFT-`I_H -- ; III � � .. ❑ � ❑ ❑ 1 .. I �' p Or d FURNtSNEt> - J cf� DoH T. G �e;- t_ct..t +- � Iu R > Cv,uusw tx►5 i _ �� ! + TWO sTo � I t,,lr-- / CUREtIIior To tv,A-rGl-I vJ: Y I x i D �} E } IN I 0 Sl 0 ' � MA\7 I _ - - ` I r� \ �i }'(: Nn .✓ C- Exls G"M,hE?11 �� I s 1 I I WOOD TWO 5 �g I , p , DWELL 'aYjC, v, ; ! i ti I CInNC Mn.T G �rA .:: + j M,c> /1 . , , - F�F v i 1 - ` ' j',i C�cst1G P LA`f- FORM 1 i Iq, � T � I LIGHT { � � I Ft1 � I i; �, n 4.•.-�7 ,/ , ...,•/ /, , �• � � y`._I c,--,,.. _\ . , G, �R , mac" \ 2I •/ ,. it . 1:VCr-..RCTRCFrt,.`- 4 ` I EQCrF,E> 11 _'FL :! �+T - - - J \ / , : � �. � � � ��•7 NO. DATE BY C'K'D DESCRIPTION gPPR. i LIGHTS t _ �EVGFGR}:1rC, ,ir" I I _ _ M _ 1 � Luo, LIGHT., I � ,.."3,,. !. �, ,�. i � � \ 'tom✓.•, .., ,,..... 1 � +a _— / B — (� l ; V ? R_ � �, � � � T��- - SHELL OIC COMPANY -,_ —� �, ,�--`-___ -� __ _�_. _. ._. _ _ - __ ____ ---- •=__... . ____ - =_ ----- r��µt 1� / EASTERN MARKETING REGION � � 7„ ?` Nin W , f=NT, - NEW s P H .`, LT' S I D E'V101, L_ :-. GUT -. GURFg _ I �), c u r~ FJ 1 I.} c LD T k r_e -J, -- - - — z6 i -- __ GG yicrrl \ �I 29,7`x— PiJIU _ cr_ ! ,-e ' 9, r,.o I Tc t:,t ( N `r Ra.NC � ( �C-�1 \ _ 3 t� i - - - -- - -_ �T f -_. +_ SCALE \-' .._ e -G}'r 1 IST. MGR.APPR. UT - �•' [',� t '+ . DATE I'• '� 7 70 REGIONAL APPR. NlJ I ..'_ : ^S -'I 1—, F L:. .-c DRAWN BY (^ I CHECKED BY D . i 198MR-B 10808 - i - MCI COMMONWEALTH OF MASSACHUSETTS £mak DEPARTMENT OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET fames.: Camooen BOSTON, MASSACHUSETTS 02111 -cmm ssrone• WORKERS' COMPENSATION INSURANCE AFFIDAVIT 1, ICe tio )4 (licensee/permittee) with a principal place of business/residence at: a 3 (tel A,, (VQ 16"'; 4ti ala. ani s (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: N I am an employer providing the following workers' compensation coverage for my employees working on this job. CNA Group National Fire Insurance WC 205 306 16 Insurance Company Policy Number [ ] I am a sole proprietor and have no one working for me. [ ] I am a sole proprietor, general co--`nt o or homeowner (circle one) and have hired the contractors listed below who have the following wor ers compensation insurance policies:: [Nn ,I// 7 loeTro/ewm `r gjINC-e vS Oy,T CrOkA) /✓6711 ✓/l Ft c INS, lvcaoS306/6 Name of Contractor J Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number [] I am a homeowner performing all the work myself. NOTE: Please be aware that while homeowners who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowner for a license or permit m:y evid:nce the legal ztanu of an emp!oy-_r under the Werkeri Compensation Act. I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisung of a fine of up to 51500.00 and/or imprisonment of up to one yew and civil penalties in the form of a Stop Work Order and a fine of S100.00 a day against me. Signed this tenth day of //�[ June yn� p 19 93 _Ralph Myer Uri I no10h Licensee/Permiaec Licensor/Permittor t f I _ 1 .w .I mm mm ! . � 1 All6 B ' - - DR RANCH 3-BAY SERVICE STATION Jun-10-02 01 : 10P P .02 AYOUB ENGINEERING , INC . ENGINEERING AND ARCHITECTURAL CON SULTANTS EMAIL:infoGayoUbengineering.com CORPORATE OFFICE: NEW HAMPSHIRE OFFICE. 414 EENERT STREET 254-B NO. BROADWAY,STE, 206B PAWTUCKET,RHODE ISLAND 02861 SALEM,NEW HAMPSHIRE 03079 401-726-5533/PAX 401724-1110 603-894-4828/FAX 603-894-4827 May 31,2002 Mr.Frank R. DiPaolo Building Inspector City of Salem 93 Washington Street Salem,MA 01970 RE: 111 North Street Salem, MA Motiva Enterprises,LLC AEI Project No.2102.102 Dear Mr. DiPaolo: Motiva Enterprises, LLC has been unable to perform the work as authorized by Building Permit#46-2001 to date due to schedule conflicts. We respectfully request a six month extension of the Building Permit so that Motiva may proceed with construction, Thank you for yo/ur�consideration. Ve"tumuly s, Steven M. Pedro Project Manager SMP/kb REGISTERED: MASSACHUSETTS RHODE 15LAND CONNECTICUT NEW HAMPSHIRE NEW YORK MAINE VERMONT FLORIDA NEW JERSEY MARYLAND PENNSYLVANIA SENDER: - I also wish to receive the Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so feel: that we can return this card to you. 7, [1 Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to 2. ❑ Restricted Delivery the article number. — Consult postmaster for fee. 3. A tic a Ad ressed to: 4a.% 'cle Number / � Oct /,,� -��'N" 4b. Service Type ❑ Registered ❑ Insured TR-CertifiedJ ❑ COD 11 Express Mail L] Return Receipt for Merchandise 7. Date e 5. Signature (Addressee) 8. Addressee's Address(Only if requested and fee is paid) 6. Signature (Agent) PS Form 3811, octob 990 *U.S.GPO:1990-27M61 DOMESTIC RETURN RECEIPT United States Postal Service �l�G PNP ri r Ir Official Business z PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Cod f hese, . .. - .. �.t "N^�rte.^.. �y .r.,yN.^yy.+�T'�O�✓'^T•[-`.^terry^'•�`�`ss�dw"�fNyl!'fi"'��'�'^� w+^.r��(.^4� .w.�.. •..� .Fw.�'Y�ry.Ny'�'�� . ormTE�ek •� FIELD COPY qqy CITY OF SALEM BUILDING SALEM. MASSACHUSETTS 01970 PERMIT a4[ June 64:; 93 208-93 . GATE]• 19. PERMIT NO, APPLICANT _ ADDRESS /^�,9��^. [��[� �y�[�1N0�.�/1{/']�' �nEC[�CISia CryC�ll Orv�]{.n EM]EI Gas PkzTB SER aCEY STATION NUMBER OF PERMIT TJ (_I $TORN DWELLING UNITS Ir.p[ o. IMva Ov[Mf rvTI H0. Va0.0][O USEI AT IIOCAT1ONI 113 North Street Ward 6 ZONING DISTRICT I n9,1 ISiaEETI BET wEC'. _ ND IC Sa STaEE'T1 ICROSS STaEETI LT SUBOIV IS ION LOT BLOCK SIZE s BUILDING IS TO BE T. WHO N, F LONG BY' FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE G UP BASEMENT WALLS OP FOUNDATION REMARKS: kenwating two t gasoline puW islands as per plans ITry✓fl CALL FM INSPECTICN 745-9595 AREA ORtATED COST p S 421000.00 PERMIT 47.00 VOLUME I<Vel< ea UnPf 1"T. FST(M _ FEE OWNER shell 011 CO. ADDRESS V B .11 Dr.f WeIia. Ileo E. tremblay . INSPECTOR OF BUILDINGS INSPECTION RECORD DATE NOTE 00004955 - CNITILI{Nf AND REMARKS INSPECTOR r,...,...�. -. n,+N .. �.w. ./w 4 ,. -nv.y .v' +.../ .y, r,..,`�„ ..,N,:.,ry,r..` - ., � RF".. .y.:p� -.-w".�.n.r...,..4�:4•wh%.-rw-`.. .,yw ,�,f ... 4N aNT,E�Q FIELD COVY ~ CITY OF SALEM BUILDING '>? SALEM, MASSACHUSETTS 01970 PERMIT June fig, 93 207-93 jT,a GATE rn...l.9�•� Lugi Alf•berta L4�� =TA PERMIT NO. APPLICANT- i(; ADDRESS ��,�•(E,SL ��GIN0.1 TE ISTPEE.TI ICO4lR•5 llC(NSII RENOVATE `— STATION NUMBER OF PERMIT TO (_I STORY DWELLING UNITS__ IT.PE Or Im PROVEMENTI No. IVR010 f0 UICI -- YM-1 r ZONING AT (LOCAi�OHI DISTRICT IN0.1 IS LRECiI BETWEC'. A AND ICROS.+ ST5E(lj )CROSS STREET) LOT SUBDIVISION YY LOT BLOCK SIZE BUILDING IS TO BE FT, �-GE.F'..' .m FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION A N TO TYPES ROUP BASEMENT WALLS OR FUVN OaT10N_ Interior (TIvEl •- -- REMARKS: cul FYH2 I'E4tMIT TO OCCUPY 745-9595 AREA OR 16,000.00 PERMIT 41.00 (CUBIC soannt TEE'. ESTIMATED COST S_ FEE S_ ' --- — shell Oil Co. OWNEP _ 400 blurd r r v==wdf leo E. Tremblay ADDRESS INSPECTOR OF BUILDINGS k INSPECTION RECORD OEik NOTE PKooAEEE - CRITICISMS •Mo REMARKS INSPECTOR Spout Letter© 44 902 To Subject' ' -No.O3 bfOlD ,, MESSAGE �j a Signed P REPLY D _ 44 Date Signed v RECIPIENT—RETAIN WHITE COPY, RETURN PIN B6 O Wilsoniones C1BAYLINE B].PR FORM INUSA'S PT SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES VJ 17H CARBON !N'T' 3ASSOciakS, ,7W INSURANCE ADJUSTERS TEL.EPHONE 8723529 a.d 2357343 P.O. BOX 904, FRAMINGHAM,MASSACHUSETTS 01701 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3B Connecticut Indemnity TO: Building Inspector or 9 Farm Springs Drive Board of Selectmen Farmington, CT 06032 Building Inspector Salem City Hall Salem, MA 01970 RE: Insured: North Street Shell Property Address: 111 North Street Salem, MA Policy No. MLP 40 53 19 Loss of February 12, 19 91 (Fire Damage) File or Claim No. 32778 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Mass. Gen, Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appro- priate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. J. A. Barone Title: Adjuster On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. J. A. Barone Signature and date 2/21/91 AYOuB ENGINEERING , INC . ENGINEERING AND ARCHITECTURAL CONSULTANTS EMAIL: info c9?ayoubengineering.com CORPORATE OFFICE: NEW HAMPSHIRE OFFICE: 414 BENEFIT STREET 254-B NO. BROADWAY,STE.206B PAWTUCKET, RHODE ISLAND 02861 SALEM, NEW HAMPSHIRE 03079 401-728-5533/FAX 401-724-1110 603-894-4828/FAX 603-894-4827 May 31, 2002 Mr. Frank R. DiPaolo Building Inspector City of Salem 93 Washington Street Salem,NIA 01970 RE: 111 North Street Salem, MA Motiva Enterprises, LLC AEI Project No. 2102.102 Dear Mr. DiPaolo: Motiva Enterprises, LLC has been unable to perform the work as authorized by Building Permit#446-2001 to date due to schedule conflicts. We respectfully request a six month extension of the Building Permit so that Motiva may proceed with construction. Thank you for your consideration. Very truly yours, Steven M. Pedro Project Manager SMP/kb u . REGISTERED: MASSACHUSETTS RHODE ISLAND CONNECTICUT NEW HAMPSHIRE NEW YORK MAINE VERMONT FLORIDA NEW JERSEY MARYLAND PENNSYLVANIA WWW.AYOUBENG[NEERING.COM n ° �Citp of Ibmfem, -MagfmrbUq;ett! 1 " Office of the City Council city )¢all COUNCILLORS-AT-LARGE JERRY L.RYAN WARD COUNCILLORS 2011 PRESIDENT THOMAS H.FUREY - 2011 CHERYL A.LAPOINTE ROBERT K.MCCARTHY JOAN B.LOVELY STEVEN A.PINTO CITY CLERK MICHAEL SOSNOWSKI ARTHUR C.SARGENT III JEAN M.PELLETIER JERRY L.RYAN November 17, 2011 JOHN H.RONAN PAUL C.PREVEY JOSEPH A.O'KEEFE,SR. Thomas St. Pierre Building Commissioner/ Zoning Enforcement Officer 120 Washington Street Salem,Massachusetts 01970 Re: Trickett Realty Trust 111 North Street Dear Commissioner St. Pierre: By way of this letter, we, the members of the Salem City Council, would like to express our firm belief that a certificate of occupancy should not be issued to the owner of 111 North Street, Trickett Realty Trust (TRT), until all unresolved issues on the property have been satisfactorily addressed. These issues include removal of the un-permitted drainage/recharge system which was installed without authorization from and knowledge of the City Engineer, removal of the mounds of dirt and fill, re-grading of the slopes, establishment of previously discussed retaining wall and fencing, and implementation of the proposed landscaping/planting of trees, shrubs and bushes contained in a separate landscaping plan. In addition, all of the various conditions which were ordered by the Salem Zoning Board of Appeals order issued in August, 1970, should be complied with as well. As you are aware, the City Council, and its Committee on Public Health, Safety and Environment have had numerous public meetings about this particular site and the ongoing unresolved problems which gave rise to the Council's involvement. The Council feels very strongly that TRT has been uncooperative with the abutters, as well as with city officials in trying to resolve all of the issues which have created a serious negative impact on the abutting neighbors. Despite efforts by the abutters, their counsel, city officials and members of the Council to move this forward in a productive manner, the property owner has consistently failed to cooperate in any demonstrable fashion. Most recently, a proposal to grant TRT a certificate of occupancy contingent upon the owner signing an agreement and performance bond assuring completion of all of these matters in the spring was offered to the abutters and the Council. It is the unequivocal sense of the Council, and the neighbors, that this proposal is completely unacceptable. Trickett Realty Trust has SALEM CITY HALL •93 WASHINGTON STREET t6ALEM;MA 019703592 •WWW.SALEM.COM demonstrated no good will from the very beginning, and as such, there is no reason to believe that signing an agreement or making promises of any sort will guarantee a different result. TRT has made no convincing argument that the issuance of a certificate of occupancy is warranted or necessary in light of everything that remains outstanding. Lastly, the Council does not believe that Trickett Realty Trust is eligible for a certificate of occupancy based upon the stated requirements of the Massachusetts Building Code. Based upon the aforementioned reasons, the Council urges you not to issue a certificate of occupancy to the property at 111 North Street. In conclusion, the Council would also request that you respond in writing to this letter so that the Council is aware of your position on this matter. Respectfully yours, (3 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBE:RLEY DRISCOU MAYOR 120 WASHING ION SncEt:r� SAl,ena,\-t.\SSACIi ISGf601970 "11aL:978-745-9595 F2\z.978-740-9846 March 15, 2007 Robert Sidiropoulos 111 North Street Salem, MA 01970 RE: 111 North Street (Zoning) Dear Mr. Sidiropoulos; Per our discussion this week, your project (Gas Station and Convenience Store) is allowed by right. The Gas Service is a continuation of an already existing use, and the Convenience Store is allowed by right in a B-2 zone. The small addition proposed for the rear comer of the building, also meets dimensional requirements for Salem Zoning. We are prepared to issue permits for renovations upon receipt and approval of the required Construction Documents. If you have any further questions regarding this matter please feel free to call this office at (979) 745 - 9595, ext. 5640. Sincerely, R Thomas J. St. Pierre Building Commissioner/ Zoning Enforcement Officer CC: file CITY OF SALEM, MASSACHUSETTS i� rh BUILDING DEPARTMENT y.ry GSI 120 WASHINGTON STREET,3RD FLOOR s TEL. (978) 745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR TYIOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER December 6 ,2011 Council President and Members Salem City Council 93 Washington Street Salem Ma. 01970 Re: 111 North Street Dear Members, I am in receipt of your letter regarding the issuance of a C/O for this property. For the record, neither Trickett Realty nor their representatives have asked for a Certificate of Occupancy. Early in this project, I informed Trickett Realty of the zoning violation and that a C/O would not be issued until such time as the zoning issue was resolved. Trickett Realty responded and understood that no C/O would be issued. The "New Drainage"plan approved by David Knowlton is being implemented as we speak. This project shall be treated the same as any other project that comes before this office. A routing slip is circulated to the various Departments for a signature. When all signatures are collected and the Building Code requirements are met, the Applicant must be issued a C/O. I am well aware of the issues surrounding this property and I have been in regular communications with the City Solicitor's office and will continue to do so. Since �% / Thomas St.Pierre cc. Mayor Driscoll, Elizabeth Rennard _ ___ _____,__ _ _ - _ -. . - - . I i. _ 1. ' : w `: .:V .. � µ to I a � A use . ; _ SASE Rt U /� s . . t : . PP _ A � {.�.( 6 6 t :.; cL, ES //�� e,rr �:. UP, P. , r..'+{F. A. 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