0 PETER ROAD - LOTS ON - BUILDING INSPECTION TO,TS ,.ON PETER ROAD
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31Amee . �Qrertnxn INTER-DEPARTMENT MEMOQ� � �/ 3
fCl7ief M���
In compliance with the provisions of Chapter 148, Section 28A
of the General Laws of the Commonwealth of Massachusetts, you :>r
are hereby notified of the following Code action, which may
require furthur action by your department.
Date : July 10, 1981
Location: End of Peter Road , Salem, Ma.
Type of Occupancy : Children' s play shed
Individual or: Business involved: Neighborhood children
Nature of Code Action : Apparent neighborhood problem with
children playing in unauthorized homemade structure and
creating a nuisacne. Shed may require action to remove same.
Other Code Enforcement Officers to be Notified :
Building Inspector : X
Electrical Inspector :
Health Department-: :_�;. . i ,..- + .. H +: 1 .r P' ll..
Police Department:
Engineering Dept:
Plumbing or Gas Insp. :,
Other : Vin Furfaro, Director of Constituant Services q! ;
Respectfully s mitted,
Capt. David J. Go ,gin
Salem Fire Marshal �
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Form #57A(10/76)
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THIS WAS NEVER SENT OUT. 1 . 8 . 70
SEND REGISTERED MAIL, RETURN RECEIPT REQUESTED.
Write to Owners of houses on Peter Road.
�ke�e-�e-ae-geee�d-#xi-eke
This office and the Planning Board were shown a plan by the developer which
indicated tk*y- that a six inch water main was constructed along Peter Road
and connection to water mains on Chandler Road and Linden Avenue. Upon in-
vestigation by the City water department, it way- was discovered that the
water main was never installed and the water service leading from your
house instead of running directly out of the street and going to the above
mentioned main was running out to existing mains on Chandler Road and
Linden Avenue
As this installation was never approved by the City, aand from an engineering
a
standpoint is very poor type of service, we wish to go on record that any
troubles that may develop in your water system would have to be corrected
at your expense .
For your information no further building permits will be issued along Peter
Road until the mater main shown on the plan is installed and a new water
service connection is made to your house.
The City has no responsibility in this matter and the only thing we cand do
is suggest you confer with the owner or developer of this development and
have him straighten out this matter for you.
Copjs to ity Enginner
City Solicitor
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I
COVENANT
The undersigned Hyman Marcus, of Salem, Essex County,
.; Massachusetts, having made or caused to be made application for
issuance of building permits on Lots #78, 79 and 80 on Peter Road
in said Salem, does hereby covenant and agree with the Planning
Board of the City of Salem, and the successors in office of said
Board, that:
1. The covenantor is the owner of record of the said premises
2 . This covenant shall run with the land and be binding upon
the executors, administrators, heirs, assigns of the covenantor,
and their successors in title to the said lots.
3. This covenant is given to assure to said Planning Board
the proper installation of extension of Street services in said
Peter Road, to the end that said Board, the City Engineer, and the
Building Inspector of said City of Salem shall be satisfied regard
ing such street services as prerequisite to the issuance of such
building permits by said Building Inspector as to said lots.
4. The construction of ways and the installation of municipal
services shall be provided to serve said lots, and to serve four
already existing dwellings on said Peter Road, in accordance with
the requirements of the following paragraph 5 before the above
numbered lots may be built upon or conveyed, other than by
mortgage deed; provided that a mortgagee who acquires title to the
i
mortgaged premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may sell the same,
subject only to that portion of this covenant which provides that
f
no-lot so sold shall be built upon until "such ways and services
have been provided to serve such lot.
-a-
5. The items of work required shall be as follows:
(a) , The completion of the 8" cement-lined cast-iron water
service in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue.
(b) A new 1" copper water service shall be run into the
four existing dwellings on Peter Road from the new 8" Peter Road
street main, to replace existing 3/4" water services .
(c) The installation of a new' 8" water main in Peter Road
from the end of the existing main on Peter Road to the existing
main on Linden Avenue ; the installation of a new 8" gate valve
at each end of the new main, and fire protection provided by
installation of a hydrant and hydrant gate on Peter Road between
r•
Chandler Road and Linden Avenue.
(d) Connection of the existing deadend 8" water main in
Eleanor Road to the 8" water main in Linden Avenue, if such has
already not been done.
(e) The addition of two gates off the existing tee at the
intersection of Chandler Road and Eleanor Road, a-nd three gates
(one on each end of tee) at the proposed Eleanor Road to Linden
Avenue water main extension.
(f) Installation of a new 1" bituminous binder course on
Peter Road from Chandler Road to Linden Avenue after the new water
mins and water services are completed.
(g) Attention is directed to the requirement in the
Zoning Ordinance that a Certificate of Occupancy must be issued
by the Building Inspector before any building can be occupied.
The satisfactory performance of the items set forth in this
paragraph 5 shall be a prerequisite to the issuance of such
certificates.
-3-
(h)
3-(h) Any one or more of the requirements contained in
this paragraph 5 may, if following visual inspection the Water
Department and City Engineer and Planning Board shall be satisfied
that the installation involved in such requirement has heretofore
been properly and satisfactorily completed, be waived in writing
by the Planning Board.
6. Nothing herein shall be deemed to prohibit a conveyance
subject to this covenant by a single dbed of the above numbered
lots or of all lots not previously released by the Planning Board
without first providing such ways and services.
7 . This covenant shall take effect upon the execution of
this instrument.
8. A bond for the performance of the construction and
installation required hereby has been furnished to said Planning
Board.
Executed as a sealed instrument this /1, day of J-&
n� �•(
1970.
Hyman Marcus
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . ( /� a�.� 1970
Then personally appeared Hyman Marcus a/n/dacV- knowledged the
foregoing instrument to be his free actand ed, before me
j N06rV Public
I �
C O V E N A N T
We, HYMAN MARCUS of Salem, Essex County, Massachusetts, being
the owner of the fee in Peter Road hereinafter referred to, and
BUILDING ENTERPRISES, INC., a Massachusetts corporation, being the
owner of the fee in lots of land hereinafter referred to and
situated on or adjacent to said Peter Road, by deed dated
January 15, 1970, and recorded with Essex South District Deeds in
Book 5661, Page 405, •having made or' caused to be made application
for issuance of building permits on .Lots #78, 79 and 80 on said
Peter Road in Salem, do hereby covenant and agree with the Planning
Board of the City of Salem, and the successors in office of said
Board, that:
1. The covenantors are the owners respectively in the fee in
said Peter Road and of said premises herein referred to.
2. This covenant shall run with the land and be binding upon
the executors, administrators, heirs, assigns of the covenantors,
A
and their successors in title to the said lots.
iF
3. This covenant is given to assure to said Planning Board
the proper installation of. extension of street services in said
Peter Road, to the ' end that said Board, the City. Engineer, and the
Building Inspector 'of said City of Salem shall be satisfied
regarding such street services as prerequisite to the issuance of
1
such building permits by said Building Inspector as to said lots.
4. The construction 'of ways and the installation of municipal
services shall be provided to serve said lots, and to serve four
-2- /
already existing dwellings on said Peter Road, in accordance with
the requirements of the following paragraph 5 before the above
numbered lots may be built upon or conveyed, other than by mortgag
deed; provided that a mortgagee who acquires title to the mortgage
premises by foreclosure or otherwise and any succeeding owner of
the mortgaged premises or part thereof may sell the same, subject
only to that portion of this covenant which provides that no' lot s
sold shall be built upon until such ways and services have been
provided to serve such lot.
5. The items of work required shall be as follows:
(a) The completion of the 8" cement-line cast-iron water
service in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue.
(b) A new l" copper water service shall be run into the
four existing dwellings on Peter Road from the new 8" Peter Road
Street main, to replace existing 3/4" water services.
(c) , The installation of a -new 8" water main in Peter ,
Road from the end of the existing main on Peter Road to the exist
i
ing main on Linden Avenue; the installation of a new 8". gate valve
at each end of thelnew main, and fire protection provided by
installation of a Hydrant and hydrant gate on Peter Road between
Chandler Road and Linden Avenue.
(d) Connection .of the existing deadend 8" water .main in
Eleanor Road to the 8" water main in .Linden Avenue, if such has
I
already not been done.
-3-
(e ) The addition of two gates off the existing tee at
the intersection of Chandler Road and Eleanor ,Road, and three
gates ( one on each end of tee) at the proposed Eleanor Road to
Linden Avenue water main extension.
(f ) The covenantors will repair all excavated parts of
the road with a new 1" bituminous binder and will cover the full
width of the road where excavations have been made with a -type
I-1 bituminous concrete 1 1/2" top course, after the new water
mains and water services are completed.
( g) Attention is directed to the requirement in the
Zoning- Ordinance that a Certificate of Occupancy must be issued
by the Building Inspector before any building can be occupied.
The satisfactory performance of the items set forth in this para-
graph 5 shall be a, prerequisite to the issuance of such certifi-
cates .
(h) Any one or more of the requirements contained in
this paragraph 5 may, if following visual inspection the Water LL
a
Department and City Engineer and Planning Board shall be satis-
fied that the installation involved in such .requirement has
heretofore been properly and satisfactorily completed, be waived
in writing by the Planning Board.
6. Nothing herein' shall be deemed to prohibit .a conveyance
— i
subject to this covenant by a single deed of the above numbered
i
lots or of all lots not previously released by the"Planning Board
,i
i
I '
I
4
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Without first providing such ways and services .
7 . This covenant shall take effect upon the execution of
this instrument .
8. . A bond for the performance of the construction and in-
stallation required hereby has been furnished to said Planning
Board.
Executed as a sealed instrument this twenty fifth day of
February, 1970 .
n M rcus
BUIL II 11 RPR IN(' .
ere o hor• ze
a
COMMONWEALTH OF MASSACHUSETTS
Essex,ss February 25, 1970
Then personally appeared Hyman Marcus and acknowledged the
foregoing instrument to be. his free act and deed, and personally
appeared Richard Swartz, . Presfdent of Building Enterprises, Inc . ,
and acknowledged the foregoing instrument to be the free act and
deed of said Building Enterprises, Inc . , before me
Notary Plablic
i
y
PERFORMANCE BOND
AMERICAN FIDELITY 7 MONTPELIER, VERMONT
COMPANY N`/ , 4 O ADMINISTRATIVE OFFICE
f!1 / �30�� MANCHESTER, N. H.
OROANIZEO 1900
Bond No. 96 27 20
KNOW ALL MEN BY THESE PRESENTS:
i
That, Hyman Marcus Building Enterprises, Inc .
214 Essex Street 92 State Street
Salem, Massachusetts Boston. Massachusetts
(hereinafter called the Principal)as Principal, and the AMERICAN FIDELITY COMPANY, a. corporation organized
and existing under the laws of the State of Vermont with its Home Office in the Cityof Montpelier, Vermont, (here-
inafter called the Surety), as Surety, ore held and firmly bound unto
City., of Salem, Massachusetts
(hereinafter called the Obligee), in the just and full sum of ($15,000.0)0)-------"--'--"
------__
-- r'afreen ThAlIgAnaand No/100 ---I--------------- ------- Dol lots,
(which sum is hereby agreed to be the,maximum liability hereunder) lawful money of the United States of America,
well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
--.2.5th . day of_ F'ebru-ar3T 19—IO_.t0 Snbdivi c;on--';`;01 - 8++ t4ater mains
on Peter Road and apputenances, 111 Bituminous Surface from Chandler Rd. to Linden Ave;
two gates off existing tee at' intersection o Can er oa enor oa , an
d nor Rd.To Linde
Anes MaiII
Thin@h E CR&t tl4er@dj ( gheg'O A AN #�,R iR�10et3 XAY and'{o tFa same ex an as It copied at length
herein. as per Covenant attached,.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden
Principal shall faithfully perform the said contract in accordance with its terms and conditions in accordance with
the provisions of'Chapter 149, Section 29 of the Generol'Lows of the Commonwealth of Massachusetts, and all
acts amendatorythereof or supplementary thereto, then this obligation shall be null and void, otherwise to be and,
remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th
day .February 19 70.
Buil din E t rpris s Inc gam arcus (Seal)
b
Gam' By, p. ca
P es dent
AMERICAN FIDELITY COMPANY (Seal)l j
Attest, J i Ai �_� By: �L�Y E fir
/ ATTORNEY-IN-FACT
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,
MISC.467 10/82
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,
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POWER OF ,ATTORNEY
s o FROM
ov ' ea AMERICAN FIDELITY COMPANY
ADMINISTRATIVE OFFICE: MANCHESTER. NEW HAMPSHIRE
OROANIZEO IDOO
KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN FIDELITY COMPANY, a Corpora-
tion organized and existing under the laws of the State of Vermont with its Administrative Office at
1750 Elm Street, in the City of Manchester, New Hampshire, does hereby nominate, constitute and appoint
.. 1
its true and lawful Attorney(s)-in-Fact, with full power and authority to make, execute and deliver, for
and on its behalf as surety, and as its act and deed,
and the execution of such bond(sl, undertaking(s), or writing(s) obligatory, in pursuance of these
presents, shall be as binding' upon said Corporation, to all intents and purposes, as if duly executed by
the President or Vice President of the Corporation, sealed with its Corporate seal, and attested by its .
Secretary or Assistant Secretary; and said Corporation hereby ratifies and confirms the acts of said
Attorneys)-in-Fact done pursuant to the power and authority herein given.
This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of
Directors of which the following is a true and exact copy.
"RESOLVED:
That the President or a Vice-President with the Treasurer or Assistant Treasurer or a Secretary or
Assistant Secretary is hereby authorized to:.
1. Appoint attorneys-in-fact with authority to execute on behalf of this company bonds, applica-
tions, contracts and agreements; also to execute such instruments as may. be necessary or
proper in connection with the settlement of claims or the recovery of reinsurance or salvage.
2. Execute and deliver on behalf of the company qualifying bonds, or deposit securities for such
amounts as may be required by the laws of the various states, countries or provinces in which
the company transacts or proposes to transact business."
•IN WITNESS WHEREOF, the AMERICAN FIDELITY COMPANY has caused these presents to be
signed by its duly authorized officers and its Corporate Seal to be hereunto affixed, this _.._ ,:.:._`_:L.._____
day of
AMERICAN. FIDELITY COMPANY
Seal By
Vice-President
Attest:
.. .. v. i4Di :�.. :P3.,�7 ,y xl rj S]'? :i „ if�•7i.• .
By
State of New Hampshire Secretary
ss:County of Hillsborough
On this ....... ._..__. day of ..._.__.___. __...: ......_......_................, 19_....._____, before me personally came
e. and
to me known, who acknowledged execution of'the preceding instrument and, being by me-duly sworn,
do depose and say, that they are ...._._. ..........._..- ................_.. and .._........ ........_..............................._._.._..........................
_
respectively of AMERICAN FIDELITY COMPANY, that the seal affixed to said instrument is the cor-
porate seal of AMERICAN FIDELITY COMPANY; that said corporate seal was affixed and their, signa-
tures subscribed to said instrument by authority and order of the Board of Directors of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and
year first above written.
.................................
...
......._._.._......................._......_.__..........................—
Notary Public
State of New Hampshire
ss:
County of Hillsborough /
I, ._...._._.._........_._.__.......`.. . ........................................._............ Secretary of the AMERICAN FIDELITY COMPANY, do
hereby certify that the foregoing is a true and correct copy of a Power of Attorney, executed by said
AMERICAN FIDELITY COMPANY, which is still in force and effect.
IN WITNESS RVOF, I have here to set my hand and affixed the Seal of the said Corporation
this _......... _...... ... . __ ..................... day of �z � :f�_. 19_.7 •� `f _._..._..........._..._..._.._..._...................._._..
f - i ,r•
_....._......__. .., - __ ....
Ire Secretary
F54075 - 8/68
I
I
NEW HAMPSHIRE INSURANCE COMPANY
GRANITE STATE INSURANCE COMPANY
AMERICAN FIDELITY COMPANY
ILLINOIS NATIONAL INSURANCE CO.
GENERAL FORM STATUS INQUIRY
City of Salem
City Hall April 2. 1971—
ownu,
Planning Board Our Bond No. 96 27 20
,00noe
Salem, Mass. 01970 Reinsured's No.
Contractor: Hyman Marcus ; Bldg Enterprises Inc
Address: 214 Essex St Salem, Mass 01970
Description of Contract: Sub-Division -'INCLUDE Surface from .Chandler Rd. to Linden Avenue etc.
oC, D--aw .co...,Cr,.U....,
3501 % 81' vatermains on Peter Road and apputenances 1 bituminous.
Owner: Citq Of Salmn q
Contract Price $ 15M Bond(s) $ 15M Effective Date 2/17/70
Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate such of the following information
as is now available..
Very truly yours,
AMERICAN FIDELI COMPAN
Y?
�n q
A ttorney-in-Fact
1. IF CONTRACT COMPLETED, PLEASE STATE:
Approximate date of completion of work (or final delivery)
Approximate acceptance date
Final Contract Price S
2. IF CONTRACT UNCOMPLETED, PLEASE STATE:
Approximate percentage or dollar amount of contract completed or delivered
3. Do you know of any unpaid bills for labor or material (Check) Yes No__
7
4. Remarks:.(if any) ir' -�-Q-j_._. 9.... _f {' ��
v
-
j'
/ 1J
—d a
Date
61 192 Signature rC"
'Title C�C ��,✓` - i'^.�.i'.it .✓�10-e
PLEASE RETURN ORIGINAL OF THIS INQUIRY TO AMERICAN FIDELITY a)PIPANY
625 Mt. Auburn St.
ADDRESSCambMass. 0213802138
ATTENTION bond dept.
GENERAL FORM STATUS INQUIRY
FEDERAL CASES TO BE SUBMITTED IN DUPLICATE, STAMPED ADDRESSED
ENVELOPE TO BE ATTACHED.
FS 4057 12/66
THOMAS BERUBE
ni Fd `t;.. �yjV "AUALl L6� `'�ICTSJULLV4iEJ. ABBY BURNS
6n� 111 MICHAEL FREEMAN
r II i _h r JAMES GARRITY
C JANE LUNDREGAN -
', GERALD McCARTHY
n'S S ' 3ouut 7
GEORGE NOWAK
TADIUS SADOSKI
10. 22. 7u RAYMOND SWEENEY
City Solicitor,
Albert R. Pitcoff, Esq. ,
7u Washington Street ,
Salem, Massachusetts
Dear Mr. Pitcoff:
We are enclosing a copy of a letter sent to the developers of the
Peter Road area on October 7, 1970, with regard to completing in a man-
ner satisfactory to the City work described in a Covenant given by the
developers to the City of Salem.
The time for the completion of the work has expired, and the Plan-
ning Board is requestingyour counseling as to the proper procedure to .:
follow to insure the conditions set forth in the Protective. Covenant
are strictly observed.
iVery truly yours ,
GTM: c c o ? 6t01.��'
CITY PLANNING BOARD, Jairman & •
Encl. 1
,mcawk�'.r .�^1 �{�y *({��* +} THOMAS BERUBE
of $a1cm, "4 assachusetto ABBY BURNS
yV i; l.. 1 .
MICHAEL FREEMAN
,rr
Iunntng t Ritr� JAMES GARRITY
N. ' f � 'JANE LUNDREGAN
Ft OoM 7 (ltfia PNII GERALD McCARTHY
GEORGE NOWAK
TADIUS SADOSKI
.. lO x.70 RAYMOND SWEENEY
Attorney Hyman Marcus, Wand
Building Enterprises, Inc. ,
214 Essex Street,
Salem, Massachusetts
Re-Peter Road development
Dear Sir:
At its regular meeting on October 1 , 1970, . the City of Salem Plan-
ning Board discussed the work that you are doing on Peter Road, under a
Covenant dated 25th day of February, 1970-
A group of citizens complained about the conditions in the immediate
area of the development ' as being a nuisance and a safety hazard.
Investigation of the conditions has revealed that you are in viola-
tion of the Covenant which is secured by a bond.
It was voted that unless the work, as described in the Covenant, is
completed within two weeks of the date offs letter, the bond will be
- forfeited and proceeds used by the City of Salem to complete the work.
{
Very .truly yours,
GTM: cc ) c
ICITY PLANNING.,BOARD, Chairm
9
1.
s q\ NT THOMAS BERUBE
r l� TittJ n iI�::TII, C�ISI '�cli Ik!52¢:5 ABBY BURNS
.1 rte` MICHAEL FREEMAN
n /
'1.11mmin ry oar . JAMES GAR RITV
'N� C JANE LUNOREGAN
m_�s.�9� ZUU2Ii 7 �i}�1 11iIII GERALD NO A
RTHY
GEORGE NOWAK ---
TADIUS SADOSKI
6 . 14. 71 RAYMOND SWEENEY
Albert R. Pitcoff, Esq. ,
City Solicitor,
70 Washington Street ,
Salem, Massachusetts
Dear Mr. Pitcoff:
At a recently held meeting of the City Planning Board, it was
voted to request your advice regarding interest accrued on bonds
held by the Planning Board .
The Board has specific reference to the Bond held on the Peter
Road development , furnished by Hyman Marcus and Building Enterprises ,
Inc . , and is interested in acquiring any interest the bond earns .
In your opinion, could the interest accrue to the City of Salem?
Very truly yours ,
GAN: cc
CITY PL�j'NIArG BOARD' Clerk
; F
THOMAS
BER
60 1�♦ CI�F`l1� CIJ{A4��N�L4 ABBY BURNS UOE .
011�
MICHAEL FREEMAN
JAMES GA RRITY
JANE LUNDREGAN
r,;:rry.�Irl' - ZOPItt 7 C1tLl all GERALD McCARTHY
GEORGE NOWAK
TADIUS SADOSKI
i
12.28.79 , RAYMOND SWEENEY
Albert R. Pitcoff, Esq ,' ,
70 Washin-ton Street ,
Salem, Massachusetts
I .
Tear Sir: Re-Peter Road Subdivision, Hyman Marcus
Attached find forms from the New Hampshire Insurence . Company
regarding the progress of the project on' Peter Road. You will
recall that we have discussed this matter with you on p evious
i occasions,, and request that you complete the form as it would appear
to be. a legal/matter.
If thore is any question in this matter or if we' may, give. you
any information regarding it, please advise
'I.
i
V. Very 'truly yours,
GTM:cc
_✓/.P/t c7J/�
CITY PLANNING BOARD, Chaaiman"
; ..Encl. , k .
� I
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COVENANT
The undersigned Hyman Marcus, of Salem, Essex County,
Massachusetts, having made or caused to be made application for
issuance of building permits on Lots #78, 79 and 80 on Peter Road
in said Salem, does hereby covenant and agree with the Planning
Board of the City of Salem, and the successors in office of said
Board, that:
1. The covenantor is the owner of record of the said premises
2 . This covenant shall run with the land and be binding upon
the executors, administrators, heirs, assigns of the covenantor,
and their successors in title to the said lots.
3. This covenant is given to assure to said Planning Board
the proper installation of extension of Street services in said
Peter Road, to the end that said Board, the City Engineer, and the
Building Inspector of said City of Salem shall be satisfied regard-
ing such street services as prerequisite to the issuance of such
building permits by said Building Inspector as to said lots.
4. The construction of ways and the installation of municipal
services shall be provided to serve said lots, and to serve four
already existing dwellings on said Peter Road, in accordance with
the requirements of the following paragraph 5 before the above
numbered lots may be built upon or conveyed, other than by
mortgage deed; provided that a mortgagee who acquires title to the
mortgaged premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may sell the same,
subject only to that portion of this covenant which provides that
no lot so sold shall be built upon until such ways and services
have been provided to serve such lot.
�I
-a-
5 . The items of work required shall be as follows :
(a) The completion of the 8" cement-lined cast-iron water
service in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue.
(b) A new 1" copper water service shall be run into the
four existing dwellings on Peter Road from the new 8" Peter Road
street main, to replace existing 3/4" water services .
(c) The installation of a new* 8" water main. in Peter Road
from the end of the existing main on Peter Road to the existing
main on Linden Avenue ; the installation of a new 8" gate valve
at each end of the new main, and fire protection provided by
installation of a hydrant and hydrant gate on Peter Road between
Chandler Road and Linden Avenue.
(d) Connection of the existing deadend 8"water main in
Eleanor Road to the 8" water main in Linden Avenue, if such has
already not been done.
(e) The addition of two gates off the existing tee at the
intersection of Chandler Road and Eleanor Road, and three gates
(one on each end of tee) at the proposed Eleanor Road to Linden
Avenue water main extension.
(f) Installation of a new 1" bituminous binder course on
Peter Road from Chandler Road to Linden Avenue after the new water
mains and water services are completed.
(g) Attention is directed to the requirement in the
Zoning Ordinance that a Certificate of Occupancy must be issued
by the Building Inspector before any building can be occupied.
The satisfactory performance of the items set forth in this
paragraph 5 shall be a prerequisite to the issuance of such
certificates.
-3-
(h) Any one or more of the requirements contained in
this paragraph 5 may, if following visual inspection the Water
Department and City Engineer and Planning Board shall be satisfied
that the installation involved in such requirement has heretofore
been properly and satisfactorily completed, be waived in writing
by the Planning Board.
6. Nothing herein shall be deemed to prohibit a conveyance
subject to this covenant by a single dbed of the above numbered
lots or of all lots not previously released by the Planning Board
without first providing such ways and services.
7 . This covenant shall take effect upon the execution of
this instrument.
8. A bond for the performance of the construction and
installation required hereby has been furnished to said Planning
Board.
Executed as a sealed instrument this day of 3-Ln
1970.
i
Hyman Aarcus
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. ( / 1970
Then personally appeared Hyman Marcus a/n/dac edged the
I
foregoing instrument to be his free acta�d ed, bbfefo�me J
N46rj Public
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'epa red under the direction763E .
`rel °t the Salam Board of Assessors one
by U. S. C. Q G. S., My end N
Moss. Geodetic Surve City Engineer
'rammcPry by Fairchild Aerial Surveys aw England SurIne vey Service, Inc.
'hy by New England Survey Service, Inc., April,1964
nes by New England Survey Servico, Inc.
1 1
of j&-dqo$TY J JOHN M. GRAY, JR.
td t L�T�ISE a
GERALD T. MCCARTHY
ply ' I � ALBERT R. PITCOFe
l
Y ` 3luttntn arb 7ADIU9 T. SADDSKf
7 -- Qligi ?IIU RAYMOND F. SWEENEY
JANUARY 16, 1970
i
Building Enterprises , Inc . ,
92 State Street
Boston, Massachusetts
Gentlemen: Re-Supplementary Letter - Peter Road.
Supplementing our letter of January 13, 1970, in which five wors
items were listed to be done either at this time or at a later date.,
and the cost of some protected by a Covenant , the following items sh211
be added to that list :
F. The City Engineer advised us this morning after another inspection,
of Peter Road, that a new 1" bituminous binder course must be installed.
after the new water mains and water services are completed. As the vate r
main must be installed practically the entire length of Peter Road,, and
seven new services run under the existing pavement, the entire road would
be in deplorable condition if the binder course were not installed. aver.
though the street pavement has only been installed.--for approximately two
years, the excessive amount of excavation, insta-l-lation of pipe; back
fill and patching have taken toll of the-'road. If the work had been in-
stalled as shown on the plans .and as required by City Ordinances, this
condition would never have occurred.
G. The City Engineer also advised us that an estimated cost fox, the
work enumerated in items, "A" through "F" should be protected by a bona
fide performance bond tobe included in the Covenant , said bond or its
equivalent to be issued by a recognized bonding company, licensed to do
business in the Commonwealth' of Massachusetts.
Very truly yours,
CITY PLANNING BOARD, Chairman
Cop;: to: City Solicitor "
City Engineer
City Building Inspector
Hyman Marcus
l
alem , .IOHN M. GRAY, JR.
, `.�JMy�{{`asst/yN1 usetts GERALD T. MCCAR
THY
ALBERT R. PITCOFF
'' r`{� ' z12Tltlttlt$ QMT�
`�T 5TADIUB T. $ADOSKI
pl1,r,v� - Y'�DDII[ T yyl}" $II RAYMOND F. SWEENEY
JANUARY 13,• 1970
Building Enterprises, Inc . ,
92 State Street,
Boston, Massachusetts
Gentlemen: Re-Supplementary Letter - Lots #78, 79, 80 Peter Road .
After sending our letter of January 7, 1970 to you, further infor-
mation relative to the inadequacy of existing street services in the
vicinity of Peter Road has been received from the City Engineer. There-
fore, the Board is rescinding its letter of January 7, 1970, and items
of work listed hereinafter must be completed to the satisfaction of the
Planning Board and the City Engineer before °a Certificate of Occupancy
will be issued for occupancy use for any structures built on these lots.
We would also recommend to the Building Inspector that a Covenant
between the owner and/or developer and the City would be acceptable
to the Board, providing all the hereinafter listed work to be done at
the owner/developer' s expense, is included in the Covenant and legal-
ity as to form is approved by the City Solicitor.
The following items of work and a description of how the work w „ 11.
be done must be included in the Covenants
A. - -1 . The completion of the 8" cement-lined iron water service
in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue .
A. - -2. At the present time, there are four existing houses c..
Peter Road, ' three on the Loring Avenue side and a new
one on the Tedesco Street side, that have only 3/4" water
services that extend from the house to existing water
services in, either Chandler Road or Linden Avenue. This
is not only an improper installation insofar as engineer-
ing is concerned, but is in violation of existing City
Ordinances. I Therefore, under this condition #2, a new
1" copper water service shall be run into the four ex-
isting houses from the new 8" Peter Road street main.
B. We would again call to your attention that under the Zoning
Ordinance of the City, Chapter 35, under Section X, 'an Occupancy
Certificate must be issued by the Building Inspector before any
buildings, regardless of the type , can be occupied. The issuance
of such a certificate is directly related to the completion of all
-2-
4 work shown on the plans, including all work that is agreed upon ander
Covenants.
C. A new 8" water main must be installed in Peter Road from the end
of the existing main on peter Road to the existing main on Linden Avenue.
A new 8" gate valve must be installed at each end of the proposed new
main, and fire protection provided, by the installa_tion_of a hydrant
and hydrant gate on Peter Road between Chandler Road and Linden Avenue ,
D. Connect the existing deadend 8" water main in Eleanor Road to the
8I water main in Linden Avenue, if such has. not already been done.
E. The addition of two gates off the existing—tee at the intersection
of Chandler Road and Eleanor Road, and three gates (one on each end of
tee) at the proposed Eleanor Road to Linden Avenue water main extension;,
Very truly yours,
JMG%c c
CITY PLANNING BOARD, Ch- rman
Copy to: City Solicitor
Building Inspector
Acting City Engineer
Counselor Hyman Marcus
i .
i
Ctu of �I�m, �t S2IC liSP##s
.. uhlit rnper# F epar#men#
f
r
s uilDin
3Elaniel �. (®' t ri¢ty fir_, �bupt. December 31, 1969 .
nnm 7, CHH �inU
N. Granese & Sons, --
56 Hillside Avenue ,
Lynn, Massachusetts
Atten: Mr. John A. Granese .
Dear Johnnyt Re-Installation of water main line at Peter Road.
With regard to the promised guarantee in.your letter of this date
to the City of Salem relating to Installation of water main line re-
ferred to above , it appears that a Covenant between the City Planning
Board and you would be the proper procedure . The Board will meet again
on January 15th, 1970, in the Mayor' s office in City Hall, commencing at
7: 30 P.M.
If you have a proper agreement drawn it could be presented to the
Board at that time for their signatures, and they would notify this
office of such action.
With kind personal regards,
Sincerely yours,
DJOB: cc _
Inspector of Buildings '"
1
N. GRANESE & SONS q l 06a4"Au
66 HILLSIDE AVENUEIrr 15 NANTUCKET AVENUE
LYNN, MASS. SWAMPSCOTT, MASS.
TEL. LYNN 2-8121 TEL. LYNN 2.2773
December 31 , 1.969
Building Department
City of Salem, Massachusetts
Att. Mr. . Daniel O'Brien
We , N. Granese & Sons , of Swampscott, Massachusetts have
Contracted with Builders Enterprise Inc . , to install an
eitht inch water main line , at Peter Road , Salem, Prass-
achusetts .
We wish to auarante$ to the City of Salem , Massachusetts
that we wil.i install tl-is water line , nates, fi.ttinlss,
and plug as soon as weather permits.
Yours truly,
N. Granese/ & Sons
o ty\
`d J o f rfj a GERALD
M. C;RA•:. .JR.
ERALD f. MCCART!'.Y
ALBERT R. GITCCFF
Hn ie2iitQi.at' .r,.i'14
RADIUS T. SA DO:�KI
7 tt + RgYMOND F.3aom
FEBRUARY k, 1970
Deihr' Re-Covenant Relating to Tnstallat.ion
of Utilities in Peter Road .
A copy of a Covenant between the Planning Board and Hyman "•?<:rc::3
received from the City Solicitor, is enclosed together with copies of
three letters from our Board relating to the same subject .
Inasmuch as there will be no. meeting of the Plannin,, Br,ard this
week, these are being forwarded to you for your study to acgizajnt you
with all of the information we have on this matter, in order that we'
may be prepared for discussion at our next meeting, February .191'.
Very truly yours ,
CITY PLANNING BOARD, Clerk. Pregern
bi V
of lTj( 22i �i��CTJ$CI C1�Ljg E,l�� � JOHN M. GRAY. JR.
1, •• ..� GERALD T. MCCnRTNY
J
ALOERT R. PITCOFF
�' �� allaituin�t` �uxrl
TADIUS T. SADOSKI
nnm 7 __ OIL, 3i 11
RAYMOND F. SWEENEY
JANUARY 229 1970
Albert R. Pitcoff, Esq. ,
City Solicitor,
70 Washington Street ,
Salem, Massachusetts
Dear Mr. Pitcoff; Re-Peter Road Installations .
Supplementing our two letters of .January 13 and ,January 16, 1970,
in which the Planning Board listed five conditions to be included in
a Covenant between the owner-developer and the City, we wish to add .
this item -
WHEREAS Mr. Marcus called the writer this forenoon stating
he now has evidence that water services from the three
existing houses on Peter Road are connected, properly, and
WHF,RF,AS he further states that he has evidence that the water
main on Lillian Road has been installed properly , he wishes
the Planning Board not to include these conditions in the
Covenant .
The answer I gave him was that if he could prove to the
Water Department , the City Engineer, and the Planning Board
that these conditions did not exist he would not have to
add this work. However, I emphatically stated that such
proof must be made by visual inspection at which time the
Heads of the various City departments involved in this
work would be present , and they could attest that the
work was installed properly; T further notified him that
the Planning Board would not retract any of the condi-
tions . I did say however, that if it could be proven that
the installations mentioned above were made properly, we
could waive that condition at the proper time .
The Planning Board has taken the position that they are not go-
ing to accept any statements as to whether or not the installation was
made properly, as to date , absolutely no records have been shown to
us from any department stating that the work was even done , and fur-
ther an employee of any department is certainly not in a position to
make any committments that would bind the City to do any further work.
Tt is the Planning Board ' s intention, insofar as work inthis
general area is concerned, that the City is not going to be held re-
sponsible for the installation and/or maintenance of any work until
it is properly installed by others.
Very truly yours,
Copies to Depts. , Owner;4Mr. Marcus . �CTTY PLANNING HOARD, Chairman
�'., l'.11 .. [� �)�.r'.7•- 'i' 'Tr C• y �.i r- JottN f/,. Gen'r. ..-
`1 %-B ALJ 1. MCCapT'r:Y
t ��ll '. - r;r) ALBERT R. PITCCF�
a:/ A• L TADIUS T. SADGSKI
\'�.�� •�",' Zenm 7 -- Qii`)y r':II! RAYMOND F. $WZLNCY
JANUARY 16, 1970
ldin;, Enterprises , In,c . ,
92 State Street
`:oston, Massachusetts
Gentlemen: Re-Supplementary Letter - Peter Road .
Supplementing our letter of January 13 , 1970, in which five wr r'k.
items were listed to be done either at this time or at a l:et(,r c:, t
and the cost of same protected by a Covenant , the following items
be added to that last :
F. The City Engineer advised its this morning after another inspecti.o:.
o Peter Road, that a new 1" bituminous binder course must: oe installer.
after the new water mains and water services are compieted . As T.he watu :
imain must be installed practically the entire length of Peter Road , ane
seven new services run under the existing pavement , the entire road
I in deplorable condition if the binder course were not installer .
thous the street pavement has only been installed for approximat.:>iv ;;%. ;
ye:: rs , the excessive amount of excavation, installation of pipe , bac',
-
fo- - and patching have taken toll of the road. �f the work had been, _ ..-
stsiled as shown on the plans and as required by. City Ordinances , L-2'
condition would never have occurred.
The City Engineer also advised us that an estimated cost for the
work enumerated in items "A" through "F" should be protected by a bon;:
fide performance bond to be included in the Covenant , said bond or .its
equivalent to be issued by a recognized bonding company, licensed to do
bus- ness in the Commonwealth of Massachusetts.
Very truly yours,
MG: cc 1
CITY PLANNING BOARD, Chairman
/
Copy to:" City Solicitor
City Engineer
City Building Inspector
Hyman Marcus
7L
\� TTty U o 5afeTTT, ��` Zj!5!5 I 4U58tf5 10HN M. GRAY,
GERALD T. MCC
% ALBERT R. PITCOFF
F; llunnin ' irur
\�� • --/ �• � TADIUB T. $ADOSKI
-� RAYMOND F. $viii.
Dam 7 (9itg Pall
JANUARY 13, 1970
Building Enterprises, Inc . , /
92 State Street,
Boston, Massachusetts
Gentlemen: Re-Supplementary Letter - Lots #78, 79, 80 Peter Road .
After sending our letter of January 7, 1970 to you, further infor-
mation relative to the inadequacy of existing street services in the
vicinity of Peter Road has been received from the City Engineer. There--
fore , the Board is rescinding its letter of January 7, 1970, and items
of work listed hereinafter must be completed to the satisfaction of the
------- Planning Board and the City Engineer before 'a Certificate of Occupa .- v
will be issued for occupancy use for any structures built on these
We would also recommend to the Building Inspector that a
between the owner and/or developer and the City would be acceptable:
to the Board, providing all the hereinafter listed work to be done
the owner/developer' s expense , is included in the Covenant and lei, y
ity as to form is approved by the City Solicitor.
The following items of work and a description of how the ' worri w
be done must be included in the Covenant :
A. - -1 . The completion of the 8" cement-lined iron water service
in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue.
A. - -2. At the present time , there are four existing houses .zr.
Peter Road, three on the Loring Avenue side and a new
one on the Tedesco Street side, that have only 3/42, water
services that extend from the house to existing water
services in either Chandler Road or Linden Avenue . '.,is
is not only an improper installation insofar as engineer-
ing is concerned,' but is in violation of existing City
Ordinances. Therefore, under this condition #2 , a new
1" copper water service shall be run into the four ex-
houses from the new 8" Peter Road street main.
B. We would again call to your attention that under the Zoni . ,
Ordinance of the City, Chapter 35, 'under Section X, an Occupancy
Certificate must be issued by the Building Inspector before any
buildings , regardless of the type , can be occupied. The issuance
,of such a certificate is directly related to the completion of all
-L
,4 J w-.rk shown on the plans , including all work that is agreed upon under
d' •'ovenants.
C_ A new 8" water main must be installed in Peter Road from the end
of the existing main on Peter Road to the existing main on Linden Aventio .
A new 8" gate valve must be installed at each end of the proposed new
main, and fire protection provided , by the installation of a hydrant
and hydrant gate on Peter Road between Chandler Road and linden Avenue .
T). Connect the existing deadend 8" water main in Eleanor Road to the
8" water main in Linden Avenue , if such has not already been done .
F . The addition of two gates off the existing tee at the intersecti.on
of Chandler Road and Eleanor Road, and three gates ( one on each end of
tee ) at the proposed Eleanor Road to Linden Avenue water main extensior;.
Very truly yours,
• /
JMGscc � ��• ,
CITY PLANNING BOARD, Chairman
Copy to: City Solicitor
Building Inspector
Acting City Engineer
Counselor Hyman Marcus
i
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We, HyKi%N xAJ=S of Salem, Essex County, Massachusetts, being
the owner of the fee in Peter Road hereinafter referred to, and
BUILDING ENTERPRISES, INC., a Massachusetts corporation, being th
II
'! owner of the fee in lots of land hereinafter referred to end
ki
situated on or adjacent to said Peter Road, by deed dated
Iiianuary 15, 1970, and recorded with Essex South District Deeds in
IjBook 5661, Page 405, having made or caused to be made application
for issuance of building permits on Lots #78, 79 and 80 on said
IPeter Road in Salem, do hereby covenant and agree with the Planni
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(� Board of the City of Salem, and the successors in office of said 1
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Board, that:
The covenantors are the owners respectively in the fee in
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itsaid Peter Road and of said premises herein referred to.
Tliie covenant"eha11 -run-with-the-land--and-be.binding_upon,I
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f the executors, administrators, heirs, assigns of the covenantors, `
and their successors in title to the said lots.
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q jl This covenant is given to assure to said Planning Board
0 the proper installation of extension of street sera4ces _in said
lPeter Road, to the end that said Board, the City Engineer, and they
1fBuilding Inspector of said City of Salem shall .be satisfied
�i
�i regarding such street services as prerequisite to the issuance of
it such building permits by said Building Inspector as to said lots.
I� - t The construction of wayp and the installation of municipal
�. .
services shall be provided to serve said lots, and to serve lour
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`! already existing dwellings on said Peter Road, in accordance with
iithe requirements of the following paragraph 5 before the above
'jnumbered lots may be built upon or conveyed, other than by mor gag
'! deeds, provided. that- a mortgagee-who acquiree title to`the mortgage
premises by foreclosure or otherwise and any succeeding owner of j .
the mortgaged premises or part thereof may sell the Same, subject l
only to that portion of this covenant which provides that no lot sp
sold shall be built upon until such ways and services have been Ij
provided to serve such lot.
The items of work required shall be as followas
E (a) The completion of the 8" cement-line cast-iron water
! service in that portion of Peter Road from thee-centerline of
iChandler Road to the centerline of Linden Avenue.
(b) A new 1" copper water service shall be run into the
i1four existing dwellings on Peter Road from the new 8" Peter Road
!i
IStreet. m i.n, to replace existing 3/4" water services.
I� (c) The installation of a new 8" water main in Peter
! Road from the end of the existing main on Peter Road to the exist-
ing main on Linden Avenue; the installation of a new 8" gate valve!
!! at each end of the new main, and fire protection progided by
i
( installation of a hydrant and hydrant gate on Peter Road between
I;� Chandler Road and .Linden Avenue. 's
(d) Connection of the existing deadend 8" water main in
,! Eleanor Road to the 8" water main in Linden Avenue, if such has j
( already not been done.
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7! A
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NEW
(e ) The addition oi two Fates off the existing tee at
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a the intersection of �'han:iler i.oad and Eleanor Road, and three !
j. gates ( one on each en ci' tee ) at the proposed -leaner Road to I
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Linden Avenue water main e::tension.
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(f) The covenantors will repair all excavated parts of
tl.e road wits a -new- 1='- bituminous -binder-and will cover-the full
width of time road where excavations have been made with a type
I-1 bituminous concrete 1 1/2" top course, after the new water
gains and water services are completed.
( g', attention is directed to the requirement in the
I.
_.on:ng Uriinarce that a Certificate of occupancy must be issued
by tc e -+ull .ing Inspector before any tuildir g can be occupied.
'ihe satisfactory performance of the items set forth in this para-
graph 5 si,all be a prerequisite to the issuance of such certifi-
, Cates .
(h) Any one or more of the requirements contained in
-- •this- paragraph-�5 mai,. i-: 2-.c. ow_.; ,vi ual„insnion the dater
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Lepartment and City Engineer and Plan..inF Board shall be satis-
!; fied that the installation involved in such requirement has
Nheretofore been properly ane satisfactorily completed, be waived
ii
in writin, by the Planting Board. !
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6. Nothing herein shall be deemed to prohibit a conveyance
subject to this covenant by a single deed of the a-r,ove numbered
! lots or of all lots not previously released by the Planning Board
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without first providin4 sza_ and services .
7 . This covena::*, :: :1 . ' 'c unor_ U e e xe.cution of
S . ?. bon '. for t a peri'o ::.c,nce o, the construction and in-
I
peen furnished to said Planning
Board.
ixecuted as a scale:: instrument this twenty fifth day of
1970 .
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i; n cus
BUIL H 1hAP ,�" IN {
L•'ssex,ss February 25, 1670 ;
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Then personally ap.)eared iiy r..ar. Ytarcus and acknowledged the
foregoing instrument to be his free act and deed, and personally j
(, I
appeared lzichard Swartz , President of 3uilding Enterprises, Inc. ,
I, and ac}:nowledged the foregoing instrument to be the free act and
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deed of seid Building enterprises , Inc . , before me
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,0]311{4 Salem,
vv ( { r
o f Sale , r�H I{tt�v_sa„ 4 setto JOHN M. GRAY, JR.
S T �GY{ yJ YY 44 KAG•« C��(i Z1 �A4 41 GERALD T. MCCARTHY
ALBERT R. PITCOFF
TADius-T. SADOSKI
cp1� d�
Foam 7 -- MSM Xa11 RAYMOND F. SWEENEY'
January 79 1970
Building Enterprises, Inc . ,'
92 State Street , .
Boston, Massachusetts
Gentlemen: Re-Lots #78,79.80 Peter Road
Your request for the Planning Board ' s intervention into the mat-
ter of building permits on lots referred to above , is actually outside
the ,jurisdiction or the duties of the Planning Board.
However, since the Board does have ,juriadiction over extension of
street services, we would make certain recommendations to the Building
Inspector if the following matters could be taken care of by a Covenant
or some other equitable agreement with the City.
1. The completion of the 611 cement-lined iron water service in
that portion of Peter Road from the centerline of Chandler
Road to the centerline of Linden Avenue.
2. At the present time, there are four existing houses or Peter
Road, three on the Loring Avenue side and a new one on the .
Tedesco Street side, that have only 3411 water services that
extend from the house to existing water services in either
Chandler Road or Linden Avenue . This is not only an improper
installation insofar as engineering is concerned, but is in
violation of existing City Ordinances. Therefore, under
this condition #2, a new 1" copper water service shall oe ru
into the four existing houses from the new 611 Peter Road str at
main.
Unfortunately, the various City departments have been seriously
inconvenienced b the manner in which h v
Y the developers r
pe s of this area have
built up the subdivision. Therefore , unless all of these matters can
be resolved at this time, the Planning Boa' d would not be in any posi-
tion to make any kind of recommendation to the Building Inspector.
We would also call to your attention that`.under the Zoning Ordir.-
ance of the City, Chapter 35, under Section X. an Occupancy Certificate
must be issued by the Building Inspector before any buildings, regar.a-
x` Page 2
less of the type, can be occupied. The issuance of such a certificate
is directly related to the completion of all work shown on the plana,
including all work that is agreed upon under Covenants.
Very truly yours,
JMGscc
CITY PLANNING BOARD, Chairman
Copy to: City Solicitor
Building Inspector
Acting City Engineer
ofzrienr, _tom rsMcljiis�t#,
Pcpartmenf of jJa!ific W- or(cs
��o.�x�ocxxcoFrexnc January 30, 1970
urr or+mseen
Mr. John M. Gray Jr. Chairman
City of Salem, Massachusetts
Planning Board
City Hall
Salem, Massachusetts
Dear Mr. Gray: Re- water services - Vicinity Peter Rd ,
On Thursday Jan. 22 , 1970 , at my direction, the Acting
General Foreman from the Salem Water Dep t. met with the contractor
who is reported to have installed water mains and services in the
vicinity of Peter Rd. Salem, Massachusetts.
The stop and waste cocks for each house in question 1:11e-re
located on the ground. The position of these cocks would indicate
that there is a water main in front of, or in close proximity to ,
the front of each house. Excluding a new house at no. 81 Peter. Rd.
which , according to our records , is serviced by about 200 feet of
copper tubing.
r•
This department has agreed to test the Eleanor Rd. water
main to determine whether or not the connection to Linden Ave. has
been made.
Your attention is called to the fact that the above
mentioned test cannot and will not be made until equipment and
personnel are available.
Very truly yours
Acting City Engineer
cc Building Inspector
Mr.Hyman Marcus
1
T1['1'{ y� Y�tr �y y}{ �1(����{y ♦ �! /{��t 1T
ifu 4+L /�/U�Elll� �J.Y�Ct J:J CO Cl/A1�E 4 -JOHN M. GRAY. .i R.
"J GERALD T. McC,,R'rKY
pi { PSe 1_�a
i`{l - a 1 ALBERT R. PITCOFF
lttnnirz� uttrir
TADIUS T. $ADOSKI
' •y,tel. 00It[ 7 -- QIitu puit RAYMOND F. SWEENEY
JANUARY 220 1970
Albert R. Pitcoff, Esq. ,
City Solicitor,
70 Washington Street,
Salem, Massachusetts
Dear Mr. Pitcoff: Re-Peter Road Installations .
Supplementing our two letters of January 13 and January 16 , 1970,
in which the Planning Board listed five conditions to be included in
a Covenant between the owner-developer and the City, we wish to add
this item
WHEREAS Mr. Marcus called the writer this forenoon stating
he now has evidence that water services from the three
existing houses on Peter Road are connected properly, and
WHEREAS he further states that he has evidence that the water
matin on Lillian Road has been installed properly, he wishes
the Planning Board not to include these conditions in the
Covenant.
The answer I gave him was that if he could prove to the
Water Department , the City Engineer, and the . Planning Board
that these conditions did not exist he would not have to
add this work. However, I emphatically stated that such
proof must be made by visual inspection at which time the
Heads of the various City departments involved in this
work would be present, and they could attest that the
work was installed properly; I further notified him that
the Planning Board would not retract any of the condi-
tions. I did say however, that if it could be proven that
the installations mentioned above were made properly, we
could waive that condition at the proper time .
The Planning Board has taken the position that they are not go-
ing to accept any statements as to whether or not the installation was
made properly, as to date, absolutely no records have been shown to
us from any department stating that the work was even done, and fur-
ther an employee of any department is certainly not in a position to
make any committments that would bind the City to do any further work.
It is the Planning Board ' s intention, insofar as work in this
general area is concerned, that the City is not going to be held re-
sponsible for the installation and/or maintenance of any work until
it is properly installed by others.
Very truly yours,
y ,
JMGtcc
Copies to Depts. , Owner;4Mr. Marcus . CITY PLANNING BOARD, Chairman
O�1 1/'�' N �}¢` {( qty yY {! y}�y�y�y{[L �+
:.:��� 'i ��\ • Tifu VA �ayL_it .L`i:i JGlLLl4l7.�L� J JOHN M. GRAY. JR.
1 GERALD Y. MGCARTftY
T " 9
ALBERT R FdT OFP
v "�� Jl�l:l:t:lIIFIr?T TAD[us T bi c..:K:
RAYMOND
JANUARY 16, 1970
Building Enterprises, Inc . ,
92 State Street
Boston, Massachusetts
Gentlemen: Re-Supplementary Letter - Peter Road.
Supplementing our letter of January 13, 1970, in which five work
items were listed to be done either at this time or at a later date ,
and tale cost of same protected by a Covenant , the following items shall
be added to that list :
F. The City Engineer advised us this morning after another inspection.
of Peter Road, that a new 1" bituminous binder course must be installed
after the new water mains and water services are completed. As the water
main must be installed practically the entire length of Peter Road, ar.o
seven new services run under the existing pavement, the entire road woula
be in deplorable condition if the binder course were not installed. Even
though the street pavement has only been installed for approximately two
years, the excessive amount of excavation, installation of pipe , back
fill and patching have taken toll of the road. If the work had been in-
stalled as shown on the plans and as required by City Ordinances, this
condition would never have occurred.
G. The City Engineer also advised us that an estimated cosi'; for the
work enumerated in items "A" through "F" should be protected by a bona
fide performance bond to be included in the Covenant, said Gond or its
equivalent to be issued by a recognized bonding company, licensed to do
business in the Commonwealth of Massachusetts.
Very truly yours,
f7
CITY]LANNING BOARD, Chairman
L' V
Copy to: City Solicitor '
City Engineer
--C-ity Building Inspector
Hyman Marcus
tv of LALI� �J,4►IA C4N1�T,VL44 JOHN M. GRAY. JR
GERALD T. MCCA61t.'r
ALBERT R. PITCOFF
VV// Iunning3nttr�
P TADIUB T. $ADOSK:
Sk�cWU ., RAYMOND F. $wC[:.Eb
Pam 7 �� �dg �Bl(
JANUARY 13, 1970
Building Enterprises, Inc . ,
92 State Street,
Boston, Massachusetts
Gentlemen: Re-Supplementary Letter - Lots #78, 79, 80 Peter Road.
After sending our letter of January 7, 1970 to you, further infor-
mation relative to the inadequacy of existing street services in the
vicinity of Peter Road has been received from the City Engineer. There-
fore , the Board is rescinding its letter of January 79 1970, ants. items
of work listed hereinafter must be completed to the satisfaction :f the
Planning Board and the City Engineer before 'a Certificate of Occupa:I.cv
will be issued for occupancy use for any structures built on these "ots.
We would also recommend to the Building Inspector that a
between the owner and/or developer and the City would be accepiabl,
to the Board, providing all the hereinafter listed work to be done :.
the owner/developer' s expense, is included in the Covenant and mer. ". V
ity as to form is approved by the City Solicitor.
The following items of work and a description of how the wori:
be done must be included in the Covenant:
A. - -1 . The completion of the 8" cement-lined iron water service
in that portion of Peter Road from the centerline of
Chandler Road to the centerline of Linden Avenue.
A. - -2. At the present time , there are four existing houses on
Peter Road, three on the Loring Avenue side and a new
one on the Tedesco Street side, that have only 3/4" water
services that extend from the house to existing water
services in either Chandler Road or Linden Avenue. This
is not only an improper installation insofar as engineer..
ing is concerned,' but is in violation of existing City
Ordinances. Therefore, under this condition #2 , a new
1!' copper water service shall be run into the four ex-
isting houses from the new 8" Peter Road street main.
B. We would again call to your attention that under the Zoni., ,
Ordinance of the City, Chapter 35, under Section X, an Occupancy
Certificate must be issued by the Building Inspector before any
buildings, regardless of the type , can be occupied. The issuance
of such a certificate is directly related to the completion of all
w•cos shown on the plans, including, all work that is agreed upon under
�bvenants.
C. A new 8" water main must be installed in Peter Road from the enc:
of the existing main on peter Road to the existing main on Linden Avenue.
A new 8" gate valve must be installed at each end of the proposed new
main, and fire protection provided, by the installation of' a hydrant
and hydrant gate on Peter Road between Chandler Road and Linden Avenue.
D. Connect the existing deadend 8" water main in Eleanor Road to the
8"water main in Linden Avenue , if such has not already been done.
E. The addition of two gates off the existing tee .,at the intersect3i
of Chandler Road and Eleanor Road, and three gates (one on each end of
tee) at the proposed Eleanor Road° to Linden Avenue water main extension.
Very truly yours,
I
J^NGacc
Copy tot City Solicitor
CITE PLANNING BOARD, Ch rman
Building Inspector
Acting City Engineer
Counselor Hyman Marcus