15 ROBINSON ROAD - BUILDING INSPECTION t
15 ROBINSON ROAD
Law Office of
PATRICK J. DeIULIS
31 Collins Street Terrace
Lynn, Massachusetts 01902
Telephone(781) 595-8677
Facsimile(781) 593-7840
e-mail: pdeiulis@deiulisbrothers.com
com
January 26, 2007
Mr. Thomas J. St. Pierre, Building Commissioner
City of Salem Public Properties Department
120 Washington Street
Salem, Massachusetts 01970
RE. Earth Pile at 15 Robinson Road
Dear Mr. St. Pierre:
I represent Carmine and Angelo Mongiello, the owners of the parcel numbered 120 Swampscott
Road that is adjacent to the above captioned property.
As you recall,the inhabitants of 15 Robinson Road accumulated a large stockpile of soil of
unknown origin. They did so without necessary permits (city engineer) and in violation of a
cease and desist order issued by you. Subsequently, the violators sought a special permit to
allow them to conduct earth processing activities. After several continuances the applicants
eventually withdrew their application prior to the December 20`x' meeting of the Zoning Board.
Please advise me as to what action is being taken or will be taken to require the illegal stockpile
to be removed from the property. This stockpile poses a significant threat to my client's property
and the bordering resource areas.
Thank you for your attention.
Z(71:1
s,
Patrick DeIulis
Attorney for Carmine and Angelo Mongiello
cc: Elizabeth Rennard, City Solicitor
' CITY OF SALEM, MASSACHUSETTS
r
BOARD OF APPEAL
MA
120 WASHINGTON STREET, 3RD FLOOR CITY OF
S OFF eE�
STANLEY J. USOVICZ, JR. SALEM, MASSACHUSETTS 01970
MAYOR TELEPHONE: 978-745-9595
FAX: 978-740-9846
aDEC - I P 233
DECISION ON THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15 ROBINSON
ROAD BPD
A hearing on this petition was held on November 17,2004 with the following Board
Members present: Nina Cohen Chairman,Richard Dionne, Bonnie Belair,, Edward
Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others
and notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal of the Building Commissioners
determination that a Special Permit is required for the increase of use for the property
located at 15 Robinson Road located in a BPD zone.
The Board of Appeal, after careful consideration of the evidence and after reviewing the
plans at the hearing, makes the following findings of fact:
1. Attorney James Rogal of 32 Church Street, Salem presented the petition asserted
the following:
a. The Petitioner and his business is an asset to the community providing
services that the City uses and providing plowing services to the City.
b. The same business has been operation on the site for 30 years now using
new methods.
c. City must prove that there has been a change in use.
2. Nina Cohen, Chairman of theZoning Board,asked whether there were containers
on site-the answer from the petitioner was yes; and whether there was a junk
business on site-the answer was yes.
3. Mike Ferris-Petitioner stated the business is now AAA Enterprises.
4. Discussion about dispute over the road and who owns the road,Robinson Road.
5. City Building Inspector, Tom St. Pierre, stated that there was a complaint and
there is a new business renting space on the premises.
6. Attorney Patrick DeIulis presented the following:
a. His client has no objection to the junkyard business.
b. 5 single family homes on his client's property are rented to families. There
are very bad odors emanation from trucks and containers that affect the
tenant's quality of life.
c. Run off of materials into a brook.
d. Incinerator debris is damming the brook causing overflows.
e. The parking of trucks and containers is next to houses with no setbacks,
why not elsewhere on the premises.
CITY OF SALEM, MA
CLERK'SOFFICE
DECISION OF THE PETITION OF AAA EN7RIpRISES REQUES'T'ING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCA AA 15
ROBINSON ROAD BPD OE� - I P 2 3.3
page two
f. The land was altered to change the drainage.
g.A letter dated 2/7/2000 from the Board of Health stated that there are high
levels on MBTE/gasoline in the well water and he(Mr. Delulis)alleges that
the likely source is the junkyard.
h. The operation of the business has changed and they are now handling r
restaurant garbage.
i. He request an order from the Zoning Board to remove the trucks and
-Containers and keep them no less than 200 fed away from the dwelling.
7. E. Cologn of 10 Robinson Road stated that she rents one of the abutting dwellings
and has Problems With roaming dogs from the site and people unable to find
Robinson Road.
8. Ms. Ruiz of 14 Robinson Road stated that she has a baby and she cannot open her
windows because of the smell and is fearful of the roaming dogs.
9. City Councillor Joseph O'Keefe, states he support for the petitioner and stated
that he is not currently a Fire Marshall and inquired if it was an abutter that made
the complaint of the change in use?He also inquired if the City had a definition of
a junkyard in its Zoning Ordinance. The response for the Board's Chairman Nina
Cohen was there is no definition. He fiuther states that the business has been in
operation for 30 years and the courts should decide this not the Zoning Board. He
inquired if there was any evidence or notification from the DEP on the alleged
Pollution. No evidence or notice was produced.
10. Mr.Hill of 10 Robison Road stated that Rubbish Removal Trucks are parked
behind his house, where he has lived for 3 years and the trucks have always been
there.
11. Daniel Hibbard of AAA Climbers(abutter)stated the following;
a. He wants to use RobinsonRoad.
b. State owns the road
c. The operation of the junkyard business is fine with him.
d. Inquired about the difference between a junkyard and scrap yard?
12. Attorney Rogal presented the following response;
a. His client does not receive any rent for the parking of the rubbish trucks
b• There is no trash stored or brought to the site
c. The containers and rubbish trucks do not have trash in them.
d. Odor issues should be addressed by the Board of'Health
e. There has been no action by the Conservation Commission relative to any
of the assertions.
f. Regarding the contaminated wells, the DEP tested his site and found no
contamination 4-5 years ago.
DECISION OF THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15
ROBINSON ROAD BPD
page three
g. His client has both a junk dealers license and a Class 3 license
h. His client has 42 years in the business.
i. The residential tenants knew there was a junkyard there when they rented
13. City Building Commissioner Thomas St. Pierre stated that the parking of the trash
trucks and dumpsters was a more detrimental use.
14. Zoning Board Chairman,Nina Cohen stated that the trucks should be removed
and the owner should obtain a permit for the increased use.
Therefore,base on the fact and on evidence presented, the Board make a motion to
uphold Building Commissioners' Thomas St. Pierre determination that a Special
Permit is required for the increase in use for the property located at 15 Robinson
Road. With a vote of 0 in favor and 5 to deny the petitioners appeal. Additionally,
Petitioner sought and received a Special Permit to allow an increase in use with a vote
of 5 in favor and 0 in opposition with the following conditions,
1. Petitioner shall comply with all city and state statues, codes, ordinances and
regulations.
2. All requirements of the Salem Fite Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Conservation Commission.
4. Storage of trailer shall be 50 feet from lot line.
5. Petitioner shall keep dogs on his own property.
b. Parking of garbage trucks/containers shall be 100 feet from residents.
7. No storage of any material other than intended use
ADMINISTRATIVE RULING
DENIED& SPECIAL PERMIT GRANTED
November 17,2004
NicholasHelides, Member CS'Clk,
Board of Appeal
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JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT
City Solicitor LEGAL DEPARTMENT Assistant City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970
Tel: (978)741-4453 Tel: (978)744-9800
Fax:(978)740-0072 1. Fax:(978)744-7660
Email:jdkeenanlaw®aol.com Email:gilbert@salemlawyer.com
February 20, 2001
Peter Strout, Bldg. Insp.
One Salem Green
Salem, MA 01970
RE: 15 Robinson Road
Dear Inspector Strout:
I am following up on the correspondence from Attorney James Rogal regarding
use of the above captioned parcel for asphalt production. As you know, this
property is in the Business Park Development District (BPD). BPD is "intended
to be those areas within which clean business and industry are developed."
Salem Zoning Ordinance, Section 3-1(10). 1 find no additional definition of"clean
business." There are no special permit uses designated in the Zoning Ordinance
for BPD. Thus, the issue becomes is the asphalt use proper by right?
Permitted uses in BPD are as follows:
(1) General office buildings including business and professional offices
and ancillary activity (ie. cafeteria facilities);
(2) General storage, warehousing and wholesale distributions uses;
(3) Manufacturing, packaging, assembly, reconditioning, processing,
research and testing of the following... Providing that such
operations:
a. Are not specifically prohibited from the City of Salem
according to the schedule of prohibited uses in section 5-
3(h)(,5) herein.
b. Are not dangerous by reason of hazard from fire or
explosion;
C. Are not offensive, detrimental, injurious, noxious or
hazardous by reason of causing dust, smoke, odor,
fumes, radiation, groundwater discharge, noise vibration,
traffic congestion or other nuisance.
d. Are compatible with adjacent nonindustrial uses.
;v
Salem Zoning Ordinance,,Section 5-3(i).
Although cement manufacture is specifically prohibited, Attorney Rogal is correct
in his assertion that asphalt manufacture is not. Regarding the other conditions
required (b-d), I do not•,believe there is enough information provided for you to
make an informed decision as to a hypothetical asphalt plant. (ie. type and size
of plant, any similar local plants, number of truck trips generated). I do think .
input from Fire Inspector Charles Latulippe would also be appropriate. I am fully
aware of concerns regarding truck traffic on Swampscott Road already with
Aggregate and the transfer station. I would also have a concern regarding
compatibility with the abutting minigolf—even though perhaps out of sight.
I believe bottom line, the decision is yours regarding meeting the aforementioned
criteria. If with more specificity, you decide against said use, I believe the
appropriate relief would be administrative review to the Board of Appeals.
I hope this information is helpful to you. If you have any additional questions, do
not hesitate to contact me.
Very best regards,
,I
Jo D. Keenan,
Cit olicitor a
Enc t
cc. Stan Bornstein, DPW
Charles Latulippe, Fire Prevention
Joan Lovely, Ward Three Councilor
James Rogal, Esq.
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LAW OFFICES OF
CHRISTOPHER M. WELCH
THIRTY-TWO CHURCH STREET
SALEM,MASSACHUSETTS 01970
TELEPHONE(978)745-0500
FACSIMILE(978) 745-6606
NEW BURYPORT OFFICE
CHRISTOPHER M.WELCH 24 CENTER STREET
JOSEPH J.WELCH
NEWBURYPORT.MASSACHUSETTS 01950
JAMES L.ROGAL TELEPHONE(978)465-5022
. FACSIMILE(978)465-3506
Of C. .v I
E.DOUGLAS BOLICK
February 13, 2001
BY FAX AND REGULAR MAIL
Peter Strout—Building Inspector
Building Department
One Salem Green
Salem, Massachusetts 01970
Re: 15 Robinson Road, Salem,MA
Owner: Mountain Realty Trust
Dear Mr. Strout:
I represent the Mountain Realty Trust, the owner of the real estate at 15 Robinson Road,
Salem, MA. This letter is to follow up on our telephone conversation of today concerning the
conveyance of the property to a new owner and a proposed change of use. First, I will discuss
the current use and zoning and then I will discuss the proposed use.
The land consists of approximately 10 acres off Swampscott Road and is shown on
Assessor's Map 6 as Parcel 13. It is in the Business Park District ("BPD"). Access to the
property is over Robinson Road, which I believe is a private way. The Trust has a forty (40')
foot wide easement over the way. The property is currently being used as a junkyard, including
many junk vehicles and construction debris. There are two small structures, one is used as a
residence by the Hutchinson family. The use of the property is a valid, pre-existing non-
conforming use. There are no known environmental problems with the property. In fact, a well
used by the Hutchinsons for drinking water was recently tested and found to be free of
contaminants.
The Trust has been approached by a broker/consultant, who represents a potential buyer
Peter Strout—Building Inspector.
February 13, 2001
Page 2
of the property. We do not know the identity of the proposed buyer, but I have been informed of
its intended use of the property. The buyer wants to build an asphalt plant on the site. The
asphalt would be used for road, sidewalk and driveway construction in the local area. We
believe there is a significant local need for asphalt, as evidenced by Aggregate Industries' well
publicized attempt to build an asphalt plant in Peabody.
Asphalt plants are highly regulated by federal and state agencies. The regulations are
designed to substantially reduce the environmental impact of such a plant. Obviously, asphalt
involves the storage and use of petroleum products, but the buyer believes that a modern plant as
proposed poses little or no environmental risk, including discharge of hazardous substances, or
air and noise pollution. The abutters to the land are a miniature golf course some distance from
the actual location of plant. In any event, a hill blocks any view of the plant from the golf course
property. Another abutter is Aggregate Industries, which is currently not using their land in
Salem. There is another industrial use on the southwesterly side of the property. The only
residential properties are on the Trust's side of Swampscott Road and right on the Road and the
Fafard development, which is on the other side of the Road and a considerable distance from the
property.
The proposed buyer's use would involve the actual asphalt plant. It is essentially a
computer operated and automated plant. There will be two accessory buildings—housing for the
computer controls and a storage building for the materials used to make asphalt. The buyer has
its own trucks that deliver the asphalt and there will be trucks entering to deliver materials.
I refer you to Section 7-17 of the Zoning Bylaw which creates the Business Park
Development District. The proposed use certainly fits within the defined purpose of the District,
which is to create business and industry in the City; enhances the City's employment base; and
enhances the City's tax and revenue base. The use is also not in the list of prohibited uses set out
in Section 5-3(h)(3) of the By-Law. In addition, the buyer does not believe that the proposed use
is dangerous by reason of hazard from fire or explosion; it is not offensive, detrimental,
injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation,
groundwater discharge, noise, vibration, traffic congestion or other nuisance; and it is compatible
with adjacent non-industrial uses.
We are requesting an opinion from you as Building Inspector (or City Solicitor) as to
whether the proposed use would be a permitted use or would require a special permit from the
Planning Board and/or the Board of Appeals. Again, we believe that this project not only would
be economically beneficial to the City, but would contain adequate safeguards and be compatible
with its surroundings.
Peter Strout—Building Inspector
February 13, 2001
Page 3
I look forward to hearing from you.
Sin erely,
a e L. Rogal
JLR/wp
c: John Keenan, Assistant City Solicitor
Tom Gagan
LAW OFFICES OF
CHRISTOPHER M. WELCH
THIRTY-TWO CHURCH STREET
SALEM,MASSACHUSETTS 01970
TELEPHONE(978)745-0500
FACSIMILE(978)745-6606
NEWBURYPORT OFFICE
CHRISTOPHER M.WELCH 24 CENTER STREET
JOSEPH J.WELCH - NEWBURYPORT,MASSACHUSETTS 01950
JAMES L.ROGAL TELEPHONE(978)465-5022
FACSIMILE(978)465-3506
Of Counsel
E.DOUGLAS BOLICK
February 13, 2001
BY FAX AND REGULAR MAIL
Peter Strout—Building Inspector
Building Department
One Salem Green
Salem, Massachusetts 01970
Re: 15 Robinson Road, Salem, MA
Owner: Mountain Realty Trust
Dear Mr. Strout:
I represent the Mountain Realty Trust, the owner of the real estate at 15 Robinson Road,
Salem, MA. This letter is to follow up on our telephone conversation of today concerning the
conveyance of the property to a new owner and a proposed change of use. First, I will discuss
the current use and zoning and then I will discuss the proposed use.
The land consists of approximately 10 acres off Swampscott Road and is shown on
Assessor's Map 6 as Parcel 13. It is in the Business Park District("BPD"). Access to the
property is overRobinson Road, which I believe is a private way. The Trust has a forty (40')
foot wide easement over the way. The property is currently being used as a junkyard, including
many junk vehicles and construction debris. There are two small structures, one is used as a
residence by the Hutchinson family. The use of the property is a valid,pre-existing non-
conforming use.' There are no known environmental problems with the property. In fact, a well
used by the Hutchinsons for drinking water was recently tested and found to be free of
contaminants.
The Trust has been approached by a broker/consultant, who represents a potential buyer
Peter Strout—Building Inspector
February 13, 2001
Page 2
of the property. We do not know the identity of the proposed buyer, but I have been informed of
its intended use of the property. The buyer wants to build an asphalt plant on the site. The
asphalt would be used for road, sidewalk and driveway construction in the local area. We
believe there is a significant local need for asphalt, as evidenced by Aggregate Industries' well
publicized attempt to build an asphalt plant in Peabody.
Asphalt plants are highly regulated by federal and state agencies. The regulations are
designed to substantially reduce the environmental impact of such a plant. Obviously, asphalt
involves the storage and use of petroleum products, but the buyer believes that a modern plant as
proposed poses little or no environmental risk, including discharge of hazardous substances, or
air and noise pollution. The abutters to the land are a miniature golf course some distance from
the actual location of plant. In any event, a hill blocks any view of the plant from the golf course
property. Another abutter is Aggregate Industries, which is currently not using their land in
Salem. There is another industrial use on the southwesterly side of the property. The only
residential properties are on the Trust's side of Swampscott Road and right on the Road and the
Fafard development, which is on the other side of the Road and a considerable distance from the
property.
The proposed buyer's use would involve the actual asphalt plant. It is essentially a
computer operated and automated plant. There will be two accessory buildings—housing for the
computer controls and a storage building for the materials used to make asphalt. The buyer has
its own trucks that deliver the asphalt and there will be trucks entering to deliver materials.
I refer you to Section 7-17 of the Zoning Bylaw which creates the Business Park
Development District. The proposed use certainly fits within the defined purpose of the District,
which is to create business and industry in the City; enhances the City's employment base; and
enhances the City's tax and revenue base. The use is also not in the list of prohibited uses set out
in Section 5-3(h)(3) of the By-Law. In addition, the buyer does not believe that the proposed use
is dangerous by reason of hazard from fire or explosion; it is not offensive, detrimental,
injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation,
groundwater discharge, noise, vibration, traffic congestion or other nuisance; and it is compatible
with adjacent non-industrial uses.
We are requesting an opinion from you as Building Inspector (or City Solicitor) as to
whether the proposed use would be a permitted use or would require a special permit from the
Planning Board and/or the Board of Appeals. Again, we believe that this project not only would
be economically beneficial to the City,but would contain adequate safeguards and be compatible
with its surroundings.
Peter Strout—Building Inspector
February 13, 2001
Page 3
I look forward to hearing from you.
Sin erely,
a �e L. Rogal
JLR/wp
c: John Keenan, Assistant City Solicitor
Tom Gagan
v�co T
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
Y Q.
120 WASHINGTON STREET, 3Ro FLOOR
�pMM6� SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
March 19, 2004
copy
Don Cefalo
Salem Conservation Commission
120 Washington Street
Salem, Ma. 01970
Dear Don:
This Department has received complaints regarding the condition of the property located
at 15 Robinson Road. The complaint is centered on the proximity of the junk vehicles to
the stream running along.Robinson Road. This stream empties into the wetlands on the
lower end of Swampscott Road.
The property is controlled by Fred Hutchison and goes by AAA Enterprises and Services.
Any help your Board could give would be appreciated.
Sincerely, �Q
Thomas St. Pierre
Acting Building Commissioner
cc: Joe Walsh
Denise McClure
t t 02/14/2001 00:35 FAX [a 01
FAX COVER SHEET
Law Offices of Christopher M. Welch
32 Church Street
Salem, MA 01970
Phone: (978) 745-0500
Fax: (978)745-6606
E-Mail: Jrogal@hotmail.com
TO: Peter Strout
FROM: James L.Rogal, Esq.
DATE: February 13, 2001
FAX NO.: (978) 740-9846
RE: 15 Robinson Road
COMMENT:
1. Letter
Jim Rogal
This Fax consists of 4 pages, including this Cover Sheet.
This communication and the documents sent with it are intended only for the
use of the individual or entity to which it is addressed,and may contain information
That is privileged,confidential and exempt from disclosure under applicable law. If
the reader of this message is not the intended recipient,you are hereby notified that
any dissemination,distribution or copying of this communication is strictly
prohibited.
Al 1, 02/14/2001 00:35 FAX Z02
LAW OFFICES OF
CHRISTOPHER M. WELCH
THIRTY-TVO CHURCH STRFrr
SALEM,MASSACHUS=01970
TE HONE(978)745-0500
FACSIMILE(978)745-6606
NEWSURYPORT OFFICE
CHRISTOPHER M.WELCH 24 CENTEE,SIREET
NEWBURYPORT.MASSAC}iUSE 71S 01950
JOSEPH I.WELCH
]AMEs L TELEPHONE(978)4655022
Rocsu
FACSIMILE(978)965-3506
Of C'.oumel
E.DOIJOLAS BOLICK
February 13,2001
BY FAX AND REGULAR MAIL
Peter Strout—Building Inspector
Building Department
One Salem Green
Salem, Massachusetts 01970
Re: 15 Robinson Road, Salem,MA
Owner: Mountain Realty Trust
Dear Mr.Strout:
I represent the Mountain Realty Trust,the owner of the real estate at 15 Robinson Road,
Salem,MA. This letter is to follow up on our telephone conversation of today concerning the
conveyance of the property to a new owner and a proposed change of use. First, I will discuss
the current use and zoning and then I will discuss the proposed use.
The land consists of approximately 10 acres off Swampscott Road and is shown on
Assessor's Map 6 as Parcel 13. It is in the Business Park District("BPD"). Access to the
property is over Robinson Road,which I believe is a private way. The Trust has a forty (40')
foot wide easement over the way. The property is currently being used as a junkyard, including
many junk vehicles and construction debris. There are two small structures, one is used as a
residence by the Hutchin5an family. The use of the property is a valid,pre-existing non-
conforming use. There are no known environmental problems with the property. In fact, a well
used by the Hutchinson for drinking water was recently tested and found to be free of
contaminants
The Trust has been approached by a broker/consultant,who represents a potential buyer
02/14/2001 00:35 FAA 0.5
Peter Strout—Building Inspector
February 13,2001
Page 2
of the property. We do not know the identity of the proposed buyer,but I have been informed of
its intended use of the property. The buyer wants to build an asphalt plant on the site. The
asphalt would be used for road, sidewalk and driveway construction in the local area. We
believe there is a significant local need for asphalt,as evidenced by Aggregate Industries' well
publicized attempt to build an asphalt plant in Peabody.
Asphalt plants are highly regulated by federal and state agencies. The regulations are
designed to substantially reduce the environmental impact of such a plant. Obviously,asphalt
involves the storage and use of petroleum products,but the buyer believes that a modem plant as
proposed poses little or no environmental risk,including discharge of hazardous substances,or
'air and noise pollution. The abutters to the land are a miniature golf course some distance from
the actual location of plant. In any event,a hill blocks any view of the plant from the golf course
property. Another abutter is Aggregate Industries,which is currently not using their land in
Salem. There is another industrial use on the southwesterly side of the property. The only
residential properties are on the Trust's side of Swampscott Road and right on the Road and the
Fafard development,which is on the other side of the Road and a considerable distance from the
property.
The proposed buyer's use would involve the actual asphalt plant. It is essentially a
computer operated and automated plant. There will be two accessory buildings—housing for the
computer controls and a storage building for the materials used to make asphalt. The buyer has
its own trucks that deliver the asphalt and there will be trucks entering to deliver materials.
I refer you to Section 7-17 of the Zoning Bylaw which creates the Business Park
Development District. The proposed use certainly fits within the defined purpose of the District,
which is to create business and industry in the City;enhances the City's employment base; and
enhances the City's tax and revenue base. The use is also not in the list of prohibited uses set out
in Section 5-3(h)(3)of the By-Law. In addition,the buyer does not believe that the proposed use
is dangerous by reason of hazard from fire or explosion;it is not offensive, detrimental,
injurious,noxious or hazardous by reason of causing dust,smoke,odor, fumes, radiation,
groundwater discharge,noise,vibration,traffic congestion or other nuisance; and it is compatible
with adjacent non-industrial uses.
We are requesting an opinion from you as Building Inspector(or City Solicitor)as to
whether the proposed use would be a permitted use or would require a special permit from the
Planning Board and/or the Board of Appeals. Again, we believe that this project not only would
be economically beneficial to the City,but would contain adequate safeguards and be compatible
with its surroundings.
02/14/2001 00:35 FAX 904
Peter Strout—Building Inspector
February 13,2001
Page 3
I look forward to hearing from you.
Sin rely,
L. Rogal
JLR/wp
c: John Keenan, Assistant City Solicitor
Tom Gagan
LAW OFFICES OF
CHRISTOPHER M. WELCH
THIRTY-TWO CHURCH STREET
SALEM,MASSACHUSETTS 01970
TELEPHONE(978)745-05W
FACSIMILE(978)745-6606
NEWBURYPORT OFFICE
CHRISTOPHER M.WELCH 24 CENTER STREET
JOSEPH J.WELCH NEWBURYPORT,MASSACHUSETTS 01950
JAMES L.ROGAL TELEPHONE(978)465-5022
FACSIMILE(978)465-3506
Of Co. I
E.DOUGLAS BOLICK
February 26, 2001
BY HAND DELIVERY
Peter Strout—Building Inspector
Building Department
One Salem Green
Salem, Massachusetts 01970
Re: 15 Robinson Road, Salem, MA
Owner: Mountain Realty Trust
Dear Mr. Strout:
I represent the Mountain Realty Trust, the owner of the real estate at 15 Robinson Road,
Salem, MA. You informed me in a telephone conversation today that you were not accepting the
Application for Building Permit for a Portable Asphalt Batching Plant filed on Friday, February
23, 2001, signed by Frederic Hutchinson on behalf of Mountain Realty Trust, on the grounds that
Mr. Hutchinson does not hold a Contract Supervisor's License. I do not believe a license is
necessary in this case because there will be no construction of any permanent structures. The
entire project is portable. As I explained to you, my client filed an Application to preserve its
right to the use because of the impending zoning change by the City Council. Therefore, I urge
you to reconsider your decision.
I look forward to hearing from you.
incerely,rRogal
JLR/wp
c: John Keenan, Assistant City Solicitor
Tom Gagan
LAW OFFICES OF
CHRISTOPHER M. WELCH
THIRTY-TWO CHURCH STREET
SALEM,MASSACHUSETTS 01970
TELEPHONE(978)745-0500
FACSIMILE(978)745-6606
NEWBURYPORT OFFICE
CHRISTOPHER M.WELCH -24 CENTER STREET
NEWBURYPORT,MASSACHUSETTS 01950
JOSEPH WELCH TELEPHONE(978)465-5022
JAMES L..ROGAL FACSIMILE(978)465-3506
Of Counsel
E.DOUGLAS BOLICK
February 27, 2001
BY HAND DELIVERY
Peter Strout—Building Inspector
Building Department
One Salem Green
Salem, Massachusetts 01970
Re: 15 Robinson Road, Salem, MA
Owner: Mountain Realty Trust
Dear Mr. Strout:
The purpose of this letter is to return the Application for Building Permit, filing fee and
assorted pictures and plans, filed with your office by Frederic Hutchinson on Friday, February
23, 2001 and which you returned to my office on Monday, February 26, 2001. If you do not
allow this Application to be filed, I request that you state your reasons in writing. This is
because it is my clients' position that the Application was and is sufficient. First, it is not
necessary that the Application be signed by a general contractor because there will be no
permanent structures and no building on site. Second, the plan and pictures submitted
adequately depict the proposed use. If you require more information, my client and the
prospective purchaser will provide it to you as soon as possible. This is not grounds, however,to
reject the Application out of hand.
I look forward to hearing from you.
Since ly,
J e L. ogal
JLR/wp
Enc.
c: John Keenan, Assistant City Solicitor
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TO THE
ORDER OF,
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Is�ued:HvW acAsed Payment Systcrns Irtc Englewood.C67orado p smanruNe
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DATE: ,, D
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Citp Df a�dXFTYC, a� aLU�Ett�
PLANS MUST BE FILED AND APPROVED BY THE
INSPECTOR PRIOR TO A PERMIT BEING GRANTED p
Building Permit Application For: Location of Building
'(Circle whichever applies) Roof, Rer00f, Install Siding, Construct Deck, Shed,Pool
Addition, �I teratio/� Re air lace, F o,p Onl/y2�Wr
Other._ /oL ��i7 Z S PG/ //✓h
PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING
To the Inspector of Buildings:
The undersigned hereby applies for a permit to build according to the following specifications:
Owner-gName�: / - /C v , s Contractor, 6kl
Street �5-'7obi/+/S1�701' Cite Street City
State 1+ Phone VZ�77 s-3 y7,� State Phone( )
Architect: //'ho /I- City of Salem Lic4(
Street City State Lich HIP#
State Phone ( j Homeowners Exempt Form __yes_no
Structure: (please circle) Single Family, Multi Family# Other
Estimated Cost of job S (J QD
Will building confirm to law? yes no
Asbestos?_des�oo
D11es�'a',i tion work to be done:
yvi GESSO
4Z2 Z2 Z/z
Drawiugs Su ed:_yes no Mail Permit to: s-�
X
r ature of Applicati IGN OF PERJURY
vANSTOrrr TIAN Tn ov:4,f%"viv V�Wa
dna ( omnwnwaahla. of Ma»acAluiefts
r n/ 600 Wa,4.9/on �1ree[
jarnesi.Carnooell ��ttalon. i//auacnuutts 02111
Commrsswer -
Workers' Compensation insurance Affidavit
with a principal place of business ac:+/!
SJ//Z�136 i6Y 01
taerntw,ant
do hereby certify under the pains and penalties of perjury, that:
O I am an employer providing workers' compensation coverage for my employees working on
F this lob.
t.22'ALl &i- t 7 I Gv
Insurance Company Policy Number
Q 1 am a sole proprietor and have no one working for me in any capacity.
i, 0 1 am a sole proprietor, general contractor or homeowner (circle one) and have hired the
contractors listed below who have the following workers' compensation policies.
Contractor Insurance Company/Policy Number
Contractor Insurance Company/Policy Number
Contractor Insurance Company/Policy Number
() I am a homeowner performing all the work myself.
1 undentand Mn a coon of this statement win oe Jetted m me O?ice of Intnueatwm of Me DIA for coverate vemiienow am I11a hbw a eeeDe
comm a attueed unow Seca=25 2c kao to me enoonuon of 0111121 oenaun coftta 0111 of a fico of oD to f 1.500.00 andfar on
yeah'moruonnent n wen a c� a rm of ORK ORDER Mo use of $100 0 a day atattst me.
Signed ar o a r z
Licensee/Permittee Building Department
Licensing Board
Selectmen Office
Health Department
TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 40S, 409, 375
C�itu ofiII��arhusP�
: public 13rngtrip Bf;{farifntnt
L : Nuiihing Egnrtmrnt
mail eairm 6atn
5D9-71i=9595 �. 38D
DISPOSAL OF DEBRIS AFFIDAVIT
In accordance with the provisions of MGL c 4a11S
debris aresulting gefrom tthe
as a
condition of Building Permit U
construction activity governed by this Building Permit shall be disposed of in
a properly licensed solid waste disposal facility, as defined by MGI: c III,
S 150A.
,v`�_ � 44'
The debris be dispos location of faeility
r
Signa a of Pe p
lican Date
Fully complete the following information:
(Please print clearly)
Name of Permit Appiicant
--------------
Firm Name, if any
Address. Cit 6 State
The above statute requires that debris from the demolition- renovation. rehab
or .other alteration. of building or structure be disposed of .in a pSOA and roperly
licensed solid wasstelicense'slarecto1indicateas fthealocationcof thelfacilityta t
building permits
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3 •' FORD 10001,4000 Gal..........QMI
INTERNATIONAL Flaelstar�
' 230 HO.Gas.........................
PETERBILT 3000 Gal.,PTO
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Bin Cold Feetl 2 Syntron Vib.,Conv.Bells
Mixer Drum,Bumem,Wet Scruber-/Bl ower
Smgle Shall Pugmlil Comp.3 Control Panel
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14813 N.E.Salmon Creek Ave.
Cite of 6aiem, A1ag!5acbugettg
Public Propertp Department
Auilbing Department
ORE bel¢m green
(978) 9459595 text. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
John Keenan
Re: Asphalt Plant
These are some points of interest and a copy of the code.
On the building application I can not accept an application without a licensed contractor
or engineer name and numbers listed.
I don't know if the proposed work will be zoning compliant. (No plot plan)
I don't know if the building work will be code compliant. (No plans)
Will they be blasting, what are there hours of operation going to be.
They did not complete a routing slip.
What about DEP regulations.
Are they storing flammables or hazardous materials?
Are they within the wetlands area.
For this project I would need a complete code review from an architect.
Thanks
Peter
DELIVERED IN HAND
March 2, 2001
James L. Rogal, Esq.
32 Church Street
Salem, Massachusetts 01970
RE: 15 Robinson Road, Salem, MA
Owner: Mountain Realty Trust
Dear Attorney Rogal:
I am writing to explain my (second) return of the enclosed application for a
building permit for an asphalt plant at the above location. As the Salem Building
Inspector, I am responsible for the enforcement of the Salem Zoning Ordinance.
The Salem Zoning Ordinance requires that "all applications for [building] permits
be in accordance with the requirements of the building code." Salem Zoning
Ordinance, Section 9-1(1). The application is insufficient and unacceptable for
the following reasons:
1. Not enough information for me to determine if zoning compliant (no
certified site plan, (780 CMR 110.10));
2. No indication of wetlands review and DEP regulations (again, no certified
site plan);
3. Not enough information for me to determine if the structure and/or
accessory building(s) are code compliant (no plans other than photocopy
of advertisement of various portable asphalt plants). No stamped plan
from architect explaining compliance with code; (780 CMR 110.7, 110.8).
4. Will there be a need for blasting;
5. Will they be storing flammables or hazardous materials (which are needed
for manufacture of asphalt);
6. What will the hours,of operation be;
7. No routing slip provided showing review of other departments;
8. Not filed by certified contractor. Application states "to be delivered." The
State Building Code requires this. (780 CMR 108.3.5). Temporary
structures are not exempt. (780 CMR 110.2 & 3).
Once a complete application is submitted, I will review in accordance with the
building code. (780 CMR 111.1). At this time, I do not have enough information
to review. If Mr. Hutchison wants to submit an incomplete for a third time, I will
have no option but to reject for the above stated reasons.
For your convenience, I have enclosed copies of the relevant building code.
Sincerely,
Peter Strout, Bldg. Insp. '
Enc.
cc. John Keenan, City Solicitor
. 1
780 CMR: STATE 30AR17 OF BUILDING REGULATIONS AND STAIJDARL�S
THE MASSACHUSETTS STATE BUILDING CODE
state inspector of the Division of Inspections. The 108.3.3 Manufactured buildings: No individual,
Commissioner may review, on his own initiative, or organization or firm shall be enga. ed in the
on the application of any state inspector, any action construction of manufactured buildrngs for use in
or refusal or failure of action by any building official the Commonwealth of Massachusetts unless
the result of which does not comply with the approved to construct same by the BBRS in
uniform implementation of 780 CMR; and may accordance with 780 CIAR R3.
reverse, modify or annul, in whole or in part, such .
action except with respect to the specialized codes, 108.3.4 Native Lumber No individual,
organization or firm shall engage in the
provided that an order or action of the Commissioner productior: of native lumber for use in sinrctur'es
shall not reverse, modify, annul, or contravene any within the Commonwealth of e in Massachusetts
order, action, determination, interpretation or any
decision by the BBRS or the State Building Code unless registered by the BBRS in accordance with
Appeals Board. 780 CMR and 780 CMR R4: the Rules and
Regulations Controlling the Use of Native
107.4 Reports: The state inspector shall file with Lumber.
the BBRS reports of his periodic reviews and 108.3.5 Licensing of Construction Supervisors:
recommendations for improvements of building 108.3.5.1 Except for those structures governed
inspection practices. The format and due dates for by Construction Control in 780 CMR 116.0,
these reports shall be determined by the BBRS. effective July 1, 1982, no individual shall be
engaged in directly supervising persons
780 CMR 108.0 RULES AND REGULATIONS engaged in construction, reconstruction,
108.1 Rule making authority: Under authority alteration, repair, removal or demolition
granted by St. 1984, c. 348, as amended, the BBRS involving any activity regulated by any
is empowered in the interest of public safety, health provision of 780 CMR, unless said individual
and general welfare, to adopt and promulgate rules is licensed in accordance the Rules and
and regulations, and to interpret and implement the Regulations for Licensing Construction
provisions of 780 CNRL to secure the intent thereof Supervisors as set forth in 780 CMR R5.
No person shall be, engaged in the
108.2 Amendments and promulgation of rules: supervision of the field erection of a
In accordance with the provisions of M.G.L. c. 143, manufactured building unless such person is
§ 97, any person may propose amendments to licensed in accordance with 780 CMR R5: The
780 CMR. Public hearings shall be held in the city Rules and Regulations for the Licensing of
of Boston in May and November of each year, and Construction Supervisors.
at such other times and places as the BBRS may Exception: Any Home Owner performing
determine, to consider petitions for such work for which a building permit is required
amendments. Amendments adopted by the BBRS shall be exempt from the licensing
shall be binding and have the full force and effect in provisions of 780 CMR 108.3.5; provided
all cities and towns. that if a Home Owner engages a person(s)
for hire to do such work, that such Home
108.3 Activities requiring licenses,registration or Owner shall act as supervisor. This
certification: exception shall not apply to the field
108.3.1 Testing laboratories: A testing erection of a manufactured buildings
laboratory, branch laboratory and/or project constructed pursuant to 780 CMR 35 and
laboratory shall not test concrete and/or concrete 780 CMR R3.
materials for use in structures subject to 108.3.5.2 Exemptions from Construction
construction control (780 CMR 116.0) and/or Supervisor License requirement, A
controlled materials (780 CMR 17) unless construction supervisor's license is not
licensed by the BBRS in accordance with required for: roofing, siding, erection of
780 CMR and 780 CMR Rl: the Rules and rooftop solar collectors, construction of
Regulations for Licensing of Concrete Testing swimming pools, the erection of -signs,
Laboratories. installation of replacement windows not
involving structural modifications, the erection
108.3.2 Field technicians: A person shall not of tents nor for projects which are subject to
engage in the activities of field testing of concrete construction control(780 CMR l 16.0).
for use in structures subject to construction A construction supervisor's license is not
control (780 CMR 116.0) and/or controlled required for agricultural buildings which are
materials (780 CMR 17) unless such person is not open to the public or otherwise made
licensed by the BBRS in accordance with available for public use.
780 CMR R2: the Rules and Regulations for -108.3.5.3 No municipality shall e prohibited
Concrete Testing Personnel. from
From requiring a license for those individuals
18 780 CMR- Sixth Edition 2/7/97 (Etfective 2/28/97)
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMfNISTRATION
engaged in directly supervising persons prescribed by 780 CMR, provided that any such
engaged in construction, reconstruction, alternative has been approved. Alternative
alteration, repair, removal or demolition in materials, appliances, equipment or methods of
those categories of building and structures for design or construction shall be approved when the
which the BBRS does not require a license, building official is provided acceptable proof and
provided that those municipalities which have has determined that said alternative is satisfactory
established licensing requirements for and complies with the intent of the provisions of
construction supervisors prior to January 1, 780 CMR, and that said alternative is, for the
1975, may maintain their existing licensing purpose intended, at least the equivalent of that
requirementsprescribed in 780 CMR in quality, strength,
108.3.6 Registration of Home Improvement effectiveness, fire resistance, durability and
safety. Compliance with specific performance
Contractors: In accordance with the provisions based provisions of 780 CMR, in lieu of a
of M.G.L. c. 142A, no home improvement
an a tiptrve requirement shall also be permitted as
contractor, or organization or firm shall be
involved in the improvement of any existing an alternate.
owner occupied one to four family residential 109.3.2 Evidence submitted: The building
building unless said home improvement official may require that evidence or proof be
contractor has registered with the BBRS in submitted to substantiate any claims that may be
accordance with the rules and regulations for the made regarding the proposed alternate.
registration of Home Improvement Contractors as 109.3.3 Tests: Determination of acceptance shall
set forth in 780 CMR R6. be based on design or test methods or other such
108.3.7 Certification of Inspectors of Buildings, standards approved by the BBRS. in the
Building Commissioners and Local Inspectors; alternative, where the BBRS has not provided
The rules and regulations for the Certification of specific approvals, the building official may
Inspectors of Buildings, Building Commissioners accept, as supporting data to assist in this
and Local Inspectors shall be as set forth in determination, duly authenticated engineering
780 CMR R7. reports, formal reports from nationally
acknowledged testing/listing laboratories,reports
108.4 Enforcement: Whoever violates the from other accredited sources. The costs of all
provisions of 780 CMR 108.0 or any rules and tests, reports and investigations required under
regulations promulgated hereunder, or who falsifies these provisions shall be borne by the applicant.
or counterfeits a license, registration or certification 109.3.4 Approval by the Construction
issued by the BBRS, or who fraudulently issues or Materials Safety Board: The building official
accepts such a license, registration or certification may refer such matters to the Construction
shall be punished as provided in 780 CMR 118.0 or
shall be subject to any other penalty provided for by Materials Safety Board in accordance with
780 CMR 123.0 for approval.
law.
780 CMR 109.0 APPROVAL 780 CMR 110.0 APPLICATION FOR PERMIT
109.1 Approved materials and equipment: Alt 110.1 Permit application: It shall be unlawful to
materials, equipment and devices approved by the construct, reconstruct, alter, repair, remove or
official shall be constructed and installed in demolish a building a structure; or to change the
building ouse or occupancy eq building er structure; or to
accordance with such approval.
install or alter any equipment for which provision is
109.2 Used materials and equipment: Used made or the installation of which is regulated by
materials, equipment and devices which meet the 780 CMR without fir t filing a written application
minimum requirements of 780 CMR for new
with the build g o 'ftial and obtaining the required
materials,equipment and devices shall be permitted; Permit therefor.
however, the building official may require 110.2 Temporary Structures:
satisfactory proof that such materials, equipment and
devices have been reconditioned, tested, and/or - 110.2.1 General: A building permit shall be
placed in good and proper working condition prior required for temporary structures, unless
to approval. exempted by 780 CMR 110.3. Such permits shall
be limited as to time of service. but such
109.3 Alternative materials and equipment. temporary construction shall not be permitted for
109.3.1 General The provisions of 780 CMR more than one year.
are not intended to limit the appropriate use or 110.2.2 Special approval: All temporary
installation of materials, appliances, equipment or construction shall conform to the structural
methods of design or construction not specifically strength, fire safety, rnearo of e'rTc's, light,
2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 19
780 C:YIR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
ventilation, energy conservation and sanitary the application. Such written authorization shall be,
requirements of 780 CMR,as necessary to insure signed by the owner and shall include a statement of
the public health, safety and general welfare. ownership and shall identify the owner's authorized
110.2.3 Termination of approval: The building agent,or shall grant permission to the lessee to apply
official may terminate such special approval and for the permit. The full names and addresses of the
order the demolition of any such construction at owner,lessee, applicant and the responsible officers,
the discretion of the building officialif the owner or lessee is a corporate body, shall be
stated in the application.
110.3 Exemptions: A building permit is not Note: It shall be the responsibility of the
required for the following activities. such exemption, registered contractor to obtain all permits
however, shall not exempt the activity from any necessary for, work covered by the Home
review or permit which may be required pursuant to improvement Contractor Registration Law,
other laws, by-laws, rules and regulations of other P✓[.G.L. c. 142A. An owner who secures his or
jurisdictions(e.g. zoning, conservation, etc.). her own permits for such shall be excluded from
I. One story detached accessory buildings used the guaranty fund provisions as defined in M.G.L.
as tool or storage sheds, playhouses and similar c. 142A. Refer to 780 CMR R6 and M.G.L.
uses, provided the floor area does not exceed 120 c. 142A for additional information regarding the
square feet. Home Improvement Contractor Registration
2. Fences six feet in height or less. Program.
3. Retaining walls which, in the opinion of the
building official, are not a threat to the public 110.6 The securing of a building permit by the
safety health or welfare and which retain less than owner,or the owner's authorized agent, to construct,
four feet of unbalanced fill. reconstruct, alter, repair, demolish, remove, install
4. Ordinary repairs as defined in 780 CMR 2. equipment or change the use or occupancy of a
L.Ur mary repairs shall notme ude 1 the cutting building or structure, shall not be construed to
awav of anv wall a_p rti[ion oronion thereof,the relieve or otherwise limit the duties and
removal or cutting of any structural beam,column responsibilities of the licensed, registered or certified
or other loadbearing support, or the removal or individual or firm under the rules and regulations
�(- chance of anv required means of egress, or governing the issuance of such license registration or
rearrangement of parts of a structure affecting the certification.
egress requirements, nor shall ordinary repairs
include addition to, alteration of, replacement or 110.7 Construction documents: The application for
relocation of any standpipe, water supply, permit shall be accompanied by not less than three
mechanical system,fire protection system, energy sets of construction documents. The building
conservation system or other work affecting official is permitted to waive, or modify the
public health or general safety requirements for filing construction documents when
5. Greenhouses: A building permit or notice to the building official determines that the scope of the
the building official is not required for the work is of a minor nature. When the quality of the
construction of greenhouses covered exclusively materials is essential for conformity to 780 CMR,
with plastic film (in accordance with St. 1983, specific information shall be given to establish such
c. 671). (This exemption does not apply if the quality,and 780 CMR shall not be cited, or the term
greenhouse is to be used for large assemblies of "legal" or its equivalent used as a substitute for
people or uses other than normally expected for specific information.
this purpose.)
110.8 Engineering Details,Reports, Calculations,
110.4 Form of application: The application for a Plans and Specifications: In the application for a
permit shall be submitted in such form as determined permit for buildings and structures subject to
by the building official but in all cases shall contain, construction control in 780 CMR 116.0, the
as a minimum, the information required on the construction documents shall contain sufficient plans
appropriate sample uniform building permit and details to fully describe the work intended,
application forms in Appendix B. The application including, but not limited to all details sufficient to
for a permit shall be accompanied by the required describe the structural,fire protection, fire alarm,
fee as prescribed in 780 CMR 114.0 and the mechanical, light and ventilation, energy
construction documents as required in 780 CMR conservation, architectural access and egress
l 10.7 and 1 10.8, where applicable. systems. The building official may require such
calculations, descriptions narratives and reports
110.5 By wham application is made'. Application deemed necessary to fully describe the basis of
for a permit shall be made by the owner or lessee of design for each system regulated by 780 CMR. In
the building or structure, or agent of either. If accordance with the provisions of M.G.L. c. 143,
application is made other than by the owner, the § 54A all plans and specifications shall bear the
written authorization of the owner shall accompany original seal and original signature of a
20 780 CMR- Sixth Edition 2/7/97 (Effective 2/28/97)
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
Massachusetts registered professional engineer or conceptually correct and that there are no major
registered architect responsible for the design, errors in the design.
except as provided in M.G.L. c. 143, § 54A and any 1. Buildings which are five,stories or more in
profession or trade as provided in M.G.L. c. 112, height above the lowest floor, including stories
§ 60L and M.G.L. c. 112, § 81R. below grade.
When such application for permit must comply 2. Buildings which enclose a total volume of
with the provisions of 780 CMR 4 or 780 CMR 9 or 400,000 cubic feet, including stories below
780 CMR 34, the building official shall cause one grade. The volume shall be measured using the
set of construction documents filed pursuant to outside dimensions of the building.
780 CMR 110.7 to be transmitted simultaneously to 3. Structures in Use Group A, or structures
the head of the local fire department for his file, which are partially in Use Group A, which will
review and approval of the items specified in he used for public assembly of 300 or more
780 CMR 903.0 as they relate to the applicable persons.
sections of 780 CMR 4, 780 CMR 9 or 780 CMR 4. Structures of unusual complexity or design
34. The head of the local fire department shall shall be determined by the BBRS. A building
within ten working days from the date of receipt by official may apply to the BBRS for such a
him, approve or disapprove such construction determination on a specific structure.
documents. If the head of the local fire department Exemption:Temporary structures erected for a
disapproves such construction documents, he or she period of one year or less.
shall do so, in writing citing the relevant sections of
noncompliance with 780 CMR or the sections of the 110.11.2 Requirements for the review: The
referenced standards of Appendix A. Upon the independent structural engineering review shall be
request of the head of the local fire department, the in accordance with the requirements of
building official may grant one or more extensions Appendix 1.
of time for such review provided, however, that the 110.11.3 Disputes between the structural
total review by said head of the local fire department engineer responsible for the design of the building
shall not exceed 30 Calendar days. If such approval, or structure and the structural engineering peer
disapproval or request for extension of time is not shall be resolved by the structural peer review
received by the building official within said ten advisory_ committee in accordance with 780 CMR
working days, the building official may deem the 125.0.
construction documents to be in full compliance
with the applicable sections of 780 CMR 4, 110.12 Structures subject to control: In those
780 CMR 9 or 780 CMR 34 and,therefore approved structures subject to control as required in 780 CMR
by the head of the local fire department. l 16.0, affidavits must be submitted with the permit
application that the individuals and testing
110.9 Existing Buildings: The application for a laboratories responsible for carrying out the duties
building permit to reconstruct, alter or change the specified in 780 CMR 116.0 have been licensed by
use or ucctipancy of existing buildings or structures the BBRS.
which are subject to construction control pursuant to
780 CMR 116.0, shall be accompanied by a building 110.13 Amendments to application: Subject to the
survey where required by 780 CMR 34 and limitations of 780 CMR 110.14, amendments to a
Appendix F plan,application or other records accompanying the
same shall be filed prior to the commencement of the
110.10 Site plan: A site plan shall be filed showing, work for which the amendment to the permit is
to scale,the size and location of all new construction sought or issued. Such amendments shall be deemed
and all existingstructures on the site, distances from part of the original application and shall be
lot lines, the established street grades and the submitted in accordance with 780 CMR 110.0.
proposed finished grades; and it shall be drawn in
accordance with an accurate boundary line survey. 110.14 Time limitation of application: An
In the case of demolition, the site plan shall show all application for a permit for any proposed work shall
construction to be demolished and the location and be deemed to have been abandoned six months after
size of all extstng structures and construction that the date of filing, unless such application has been
are to remain on the site or plotdiligently prosecuted or a permit shall have been
issued, except that the building official shall grant
110.11 Independent Structural Engineering one or more extensions of time for additional periods
Reviewnot exceeding 90 days each if there is reasonable
110.11.1 As a condition for the issuance of a cause and upon written request by the owner.
building permit, the structural design of the
following described structures shall be reviewed .780 CMR 111.0 PERMITS
by an independent structural engineer to verify 11 LL Action on application: the building official
that the design of the primary structure is shall examine or cause to be examined all
2/7/97 (Effective 2/28/97) 780 CMR.- Sixth-Edition 21
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
applications for permits and amendments thereto 111.7 Expiration of permit: Any permit issued
within 30 days after fling thereof If the application shall be deemed abandoned and Invalid unless the
or the construction documents de not conform to the work authorized by it shall have been commenced
requirements of 780 CNIR and all pertinent laws within six months after its issuance, however, for
under the building official's jurisdiction, the cause,and upon written,request of the owner,one or
building official shall reject such application in more extensions of time, for periods not exceeding
writing, stating the reasons therefor. If the building six months each, may be granted in writing by the
official is satisfied that the proposed work conforms building commissioner or inspector of buildings.
to the requirements of 780 CMR and all laws and Work under such a permit in the opinion of the
ordinances applicable thereto, the building official building commissioner or inspector of buildings,
shall issue a permit therefor. must proceed in good faith continuously to
completion so far as is reasonably practicable under
111.2 Zoning: In accordance with the provisions of the circumstances. It is the sole responsibility of the
M.G.L. c. 40A or St. 1956, c. 665 as amended, no owner to inform, in writing, the building
permit for the construction, alteration, change of use commissioner or inspector of buildings of any facts
or moving of any building or stricture shall be which support an extension of time. The building
issued if such building or structure or use would be commissioner or inspector of buildings has no
in violation of any zoning ordinance or by-law. obligation under 780 CMR 111.7 to seek out
information which may support an extension of time.
111.3 Railroad right-of-way: No permit to build a The owner may not satisfy this requirement by
structure of any kind on land formerly used as a informing any other municipal and/or state official
railroad right-of-way or any property appurtenant or department.
thereto formerly used by any railroad company in For purposes of 780 CMR 111.7 any permit
the state shall be issued without first obtaining, after issued shall not be considered invalid if such
public hearing,the consent in writing to the issuance abandonment or suspension of work is due to a court
of such permit from the Secretary of the Executive order prohibiting such work as authorized by such
Office of Transportation and Construction, all in permit; provided, however, in the opinion of the
accordance with M.G.L. c. 40, § 54A. building commissioner or inspector of buildings, the
person so prohibited by such court order, adequately
111.4 Water Supply: No permit shall be issued for defends such action before the court.
the construction of a building or structure which
would necessitate the use of water therein, unless a 111.8 Previous approvals. 780 CMR shall not
supply of water is available therefor, either from a require changes in the construction documents,
water system operated by a city, town or district, or construction or designated use group of a building
from a well located on the land where the building or for which a lawful permit has been heretofore issued
structure is to be constructed, or from a water or otherwise lawfully authorized, and the
corporation or company, as required by M.G.L. construction of which has been actively prosecuted
c, 40, § 54. within 180 days after the effective date of 780 CMR
and is completed with dispatch.
111.5 Debris: Asa condition of issuing a permit for
the demolition, renovation, rehabilitation or other 111.9 Signature to permit: The building official's
alteration of a building or structure, M.G.L. c. 40, signature shall be attached to every permit; or the
§ 54 requires that the debris resulting therefrom shall building official shall authorize a subordinate to
be disposed of in a properly licensed solid waste affix such signature thereto.
disposal facility as defined by M.G.L. c. 111,
§ 150A. Signature of the permit applicant, date and 111.10 Approved construction documents: When
number of the building permit to be issued shall be the building official has determined that the
indicated on a form provided by the building proposed construction conforms to the provisions of
department, and attached to the office copy of the 780 CMR and other applicable laws, by-laws, rules
building permit retained by the building department. and regulations under his/her jurisdiction, the
If the debris will not be disposed of as indicated, the building official shall stamp or endorse in writing
holder of the permit shall notify the building official, the three sets of construction documents
in writing,as to the location where the debris will be "Approved". One set of the approved construction
disposeddocuments shall be retained by the building official,
one set by the head of the local fire department and
1 t L6 Workers' Compensation. No permit shall be the other set shall be kept at the construction site,
issued to construct, reconstruct, alter or demolish a open to inspection of the building official or an
building or structure until acceptable proof of authorized representative at all reasonable times.
insurance pursuant to M.G.L. c. 152, § 25C(6)has
been provided to the building official. II L12 Revocation of perrnits: The t-wilding official
shall revoke a permit or approval issued under the
22 790 CMR- Sixth Edition 2/7/97 (Effective 2/28/ 7)
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL 0ALE'l, MQ
CLEr}I( 5
OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 1004 NOY 29 q la 55
DECISION ON THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT915 ROBINSON
<ROAD BPD
A hearing on this petition was held on November 17, 2004 with the following Board
Members present:Nina Cohen Chairman, Richard Dionne,Bonnie Belair,,Edward
Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others
and notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal for the denial of a building permit for a
sign for the property located at 15 Robinson Road located in a BPD zone.
The Board of Appeal, after careful consideration of the evidence and after reviewing the
plans at the hearing, makes the following findings of fact:
1. Attorney James Rogal of 32 Church Street, Salem presented the petition an
asserted the following:
a The Petitioner owns the land upon which the sign is located.
b. The existing sign has been it its present location for more than 20 years.
c. Attorney Rogal asserted that it is the City's responsibility to prove that the
sign is not on his clients land.
2. Nina Cohen, Chairman of the Zoning Board, inquired if there is any evidence of a
permit or approval by the City for the sign.
3. There was discussion about a 10 year stature of limitation on enforcement action.
4. Discussion about the sign having been removed for new wording and the pole
remained in place.
5. Discussion about the requirements of the State and the City and the Planning
Board approval and appeal to the Zoning Board.
6. Discussion about the sign having been there for 20 years.
7. Zoning Board Member, Edward Moriarty inquired if there was any evidence of an
original permit. Response from petitioner was there was none required.
8. Discussion about time frame of original sign and the permit process being in place
at the time.
9. Attorney Patrick Delulis representing an abutter presented the following:
a. The petitioner has not proven in court that he owns the land upon which
the sign is locate.
b. The petitioner does not own any frontage on Swampscott Road.
c. The location of the sign on Parcel A is disputed,his clients believe it is on
their land.
DECISION OF THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15
ROBINSON ROAD BPD
page two
10. City Councilor Joseph O'Keefe presented the following:
a. His support for the petitioner who has been supportive of the city in the
past having provided snowplowing in recent bad storms.
b. The legal issues are not for Zoning Board of Appeals consideration.
c. Sign has been there for 20 years.
11. City Councilor Jean Pelletier presented the following:
a. There is evidence that the City accepted State Chapter 90 funds for
Robinson Road and its infrastructure.
b. City does not plowRobinsonRoad.
c. Robinson Road is an accepted City street.
12. Chairman Nina Cohen stated that to her knowledge the street is not fully paved.
13. Councilor O'Keefe stated that the sign is needed because the business has no
visibility and the petitioner has helped the City in the past.
14. Attorney DeIulis stated that the sign is on his clients land and should be moved.
following:
15.Abutter Dana DiLisio owner of the abutting Miniature Golf Course presented the
a. He does not want the sign moved onto his property.
b. Sign should be on petitioner's property.
c. If Robinson Road is a public way the existing gate should be removed.
d. The court ill rule on the public way issue.
16.Daniel Hibbard of AAA Cl'unbing presented the following;
a. He is in the process of purchasing the abutting property,
b. He would consider renting space for the sign on his property.
17. Zoning Board Member, Edward Moriarty stated the following:
a. The sign needs a permit.
b. There is no evidence of a permit.
c. The sign was never grandfathered because it was never issued a permit,
18. Councilor O'Keefe asserted that there are many city records that are in storage
disorganized and therefore the permit may exist,but cannot be found.
19. The petitioner asserted the following;
a He has a deed from the estate of the prior owner, which he has not
recorded.
b. Robinson Road is not a public way; it was added to a list submitted to the
state in order to increase the total amount of public roadways for the
funding program.
c. Robinson Road was never accepted by the City as a public way.
d. Robinson Road has never been used as a public way.
e. He maintains and has exclusive access to Robinson Road.
DECISION OF THE PETITION OF AAA ENTRIPRISES REQUESTING AN
ADMINISTRATIVE RULING FOR THE
ROBINSON ROAD BPD PROPERTY LOCATED AT 15
page three
20. Attorney Patrick Delulis presented the following:
a. The sign is on his clients land.
b. The petitioner needs to prove ownership of the signs present location.
C. The existing land plans need to be updated and the location of the sign
Plotted on accurate maps with engineering certification.
d. It is incumbent upon the petitioner to prove his ownership.
e. The burden of proof is on the petitioner,not the City.
f. Ownership and access to Robinson Road is in dispute.
Therefore,base on the fact and on evidence presented,the Board make a motion to
uphold Building Commissioners, Thomas St. Pierre for the denial of the building
permit for a sign for the premises at 15 Robinson Road with a vote of 0 in favor and 5
to deny the petitioners appeal.
ADMINISTRATIVE RULING
DENIED
November 17,2004
A") (� �
Nicholas Helides,Member
Board of Appeal
A COPYOF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the
Massachusetts General Laws, Chapter 40A, and shall be Sled 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 Variance or Special Permit granted herein
shall not take effect unit a copy of the decision bearing the Certificate of the City Clerk
that 20 days have elapsed an 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.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON—NORTHEAST REGIONAL OFFICE
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
MITT ROMNEY STEPHEN R.PRITCHARD
Governor
Secretary
KERRY HEALEY ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor
Commissioner
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
CERTIFIED MAIL
[10/21/20051
James L. Rogal,Esq. RE: SALEM—Solid Waste Management
Law Offices of Christopher M. Welch A&H Auto Exchange, Inc.
32 Church Street 15 Robinson Road
Salem,MA 01970 FMF#383755
Administrative Consent Order with Penalty
ACOP-NE-05-9015-2467
Dear Mr. Rogal:
Enclosed herewith please find two copies of the final version of the Administrative Consent
Order with Penalty (the "ACOP," version 10/06/2005) regarding the A & H Auto Exchange Inc.
("A&H") property located at 15 Robinson Road in Salem, Massachusetts (the "Property"). Where
appropriate, the ACOP incorporates the results of your meetings with the Massachusetts Department of
Environmental Protection (the "Department'), and your suggested changes.
Please review the ACOP and, if it is acceptable,please sign,date and fill in the Federal Employer
Identification Number on both copies, and return them both to my attention on or before October 31,
2005. Once the Department has signed the documents, a fully executed copy will be sent to you for your
files.
Should you have any questions,please contact Mark Fairbrother at(617)654-6676.
Sincerely,
This final document copy is bang provtled to you eleelronsaDr by the
Deputmeol at Eavirainal Frotecdoz.A signed copy or this docameat
is as file it the DEP office tided on the letterhesd
John A. Carrigan
Section Chief
Solid Waste Management Section
JAC/MGF/mgf
This information is available In alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD service-1.800-298-2207.
DEP on the World Wide Web: htlp://www.mass.gov/dep
.!L Printed on Recycled Paper
A&H Auto Exchange,Inc. (Salem) Page 2 of 2
ACOP-NE-05-9015-2467
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
Enclosure: Administrative Consent Order with Penalty(ACOP-NE-05-9015-2467)(two copies)
Certified Mail No. 7004 3110 0001 6107 6979
cc: Michael Ferris
A&H Auto Exchange,Inc.
15 Robinson Road
Salem,MA 01970
(without enclosure)
Joanne Scott
Salem Board of Health
email:;crntt0galem rnm
(without enclosure)
Frank Taormina
Salem Department of Planning&Community Development
email: rnm
(without enclosure)
David P.LaBrode
DEP-NEROBWP
Heidi Zisch
DEP-NERO/OGC
AHAuto_Salem_ACOPCvrLtr_10212005
Frank Taormina
From: Fairbrother, Mark (DEP) [Mark.Fairbrother@state.ma.us]
Sent: Tuesday, October 25, 2005 3:55 PM
To: jscott@salem.com
Cc: ftaormina@salem.com
Subject: RE: A&H Auto Exchange - 15 Robinson Rd, Salem
E
A&HAuto_Salem A
COPCvrLtr_10211..
Dear Recipients,
Attached is a copy of a letter from the Massachusetts Department of
Environmental Protection, Northeast Regional Office (MassDEP/NERD)
regarding 15 Robinson Road in Salem, MA(A&H Auto Exchange). The
originals were mailed on October 21, 2005.
If you have any questions regarding this document, please contact
DEP/NERD Staff Person: Mark Fairbrother at(617) 654-6676.
The attached document is an electronic facsimile of a document on file
with the Massachusetts Department of Environmental Protection. For your
information, the document was composed using Microsoft Word.
Thank you,
Mark Fairbrother
Environmental Analyst
MA DEP - NERO
One Winter Street
Boston, MA 02108
(617) 654-6676
For Use in Intra-Agency Policy Deliberations
1
QITY OF SALEMf MASSAGHUSE
TTS II
EPARTMENT
PUBIC PROPERTY D
L
FLOOR rr►� l ,
'b + INOTON STREET, 3RD As
120 WASH 01970
6A�-EM. MASSACHUSETTS
978-745-9`595 EXT' 380
ooTELEPHONE%: 978-740 9848
STANLEY J• UBOVIGZr JR.
MAYOR
i
November 7,2005
AAA—Enterprises and Services,Inc*
I �
15 Robinson Road
Salem,Mass. 01970
Mr. Hutchinson, you operate an automobile and
additional use requires
This Department has previously established the fact that
salvage yard. This business is a Gran ahered use. Any
truck romtySalem Zoning Board of Appeals-
relief from the ,
Currently, you are crushing
and processing rock and other materials•
recessing materials immediately. Failure to cease
taint being filed at the appropriate court.
You are directed to cease and desist p
and desist will result in a comp a SP ecial Permit on
Furthermore,the previous Board of Appeal decision allowing
November 17, 2004, has been
appeal Therefore you are ordered to teas ea a uses
allowed in the November 17, 2004 decision until the Courts decideou have any questions
Your right to Of is to the Salem Zoning
Board of Appeals. If y i
regarding
this matter, please feel free to contact me directly.
I II,
Thomas J. St.PierTe
Zoning Officer
Building Commisioner j
cc: Mayorrs Office
Asst. Solicitor—Elizabeth Rennard
Atty: James Rogal
Staff Planner—Frank Taormina
I
I
i
I .
MASSACHUSETTS
GIT�1 OF SAL.EM9 PARTMENT
PUBLIC PROPERTY DE
ZO WASH INGTON STREET, 01870
3RD FLOOR
SALEM, MASSAOH USETTS oa t
"rELEPHON E
00 : 978-74°.5 9595 EXT. 38080
FAX. 970-740-9 846
9T AN LEY
J. USOVIGZr .1R• Y
MAYOR
November 7, 2005
AAA—Enterprises and Services,Inc*
15 Robinson Road
Salem,Mass. 01970
Mr. Hutchinson, ou operate an automobile aend
This business is a rand fathered use. Any additional use req
This Department has previously established the fact that y
truck salvage yard. 'rand
of Appeals.
relief from the Salem Zoning rock and other materials. y
and processing
Currently, you are crushing Failure to cease d
processing materials immediately.
You are directed to cease and desist
being
filed at the app
result
court.
l and desist will result in a comp eal decision allowing a Special Permit On II
Furthermore,the previous Board°f A Therefore you are ordered to cease the uses
November 17, 2004, has been appealed,
allowed in the November 17, 2004 decision until the Courts decide u ha a any questions
eal is to
the Salem
Zoning Board of Appeals. If y
Your right to app lease feel free to contact me directly.
regarding this matter, p
Thomas J. St.Pierre
Zoning Officer
Building Commisioner
cc: Mayor, Office
Asst. Solicitor—Elizabeth Rennard
Atty: James Rogal
Staff Planner—Frank Taormina
I
III
Ili
o CITY OF SALEM, MASSACHUSETTS
T
PUBLIC PROPERTY DEPARTMENT
a 120 WASHINGTON STREET, 3RD FLOOR
C SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 EXT. 3
80
y STANLEY J. USOVICZ, JR. FAX' 978-740-9846
.I MAYOR
fi November 7, 2005
I
i AAA—Enterprises and Services,Inc.
'I 15 Robinson Road
Salem, Mass. 01970
I
` Mr. Hutchinson,
I
.I This Department has previously established the fact that you operate an automobile an
truck salvage yard. This business is a Grand fathered use. Any additional use requires
relief from the Salem Zoning Board of Appeals.
� I
j Currently, you are crushing and processing rock and other materials.
iYou are directed to cease and desist processing materials immediately. Failure to cease
and desist will result in a complaint being filed at the appropriate court.
Furthermore,the previous Board of Appeal decision allowing a Special Permit on
November 17, 2004, has been appealed. Therefore you are ordered to cease the uses
allowed in the November 17, 2004 decision until the Courts decide the appeal.
Your right to appeal is to the Salem Zoning Board of Appeals. If you have any questions
G �I regarding this matter, please feel free to contact me directly.
4 I Thomas J. St.Pierre
Zoning Officer
Building Commisioner
i
'I cc: Mayor's Office
Asst. Solicitor—Elizabeth Rennard
Atty: James Rogal
IStaff Planner—Frank Taormina
. I �
d �
f !
�If
i
MASSACHUSETTS
CITY OF SALEMf RTMENT
PUBLIC PROPERTY DEPA �Y
120 WASHINGTON STREET, 3RD FLOOR
�d
SALEM. MASSACHUSETTS00
0[970
978-745-9595 EXT. 380
T E I-E v HONE:FAX: 97 8-740-9846
STANLEY J. USOVICZ, JR.
MAYOR
November 7,2005 �
AAA—Enterprises and Services,Inc.
I
15 Robinson Road
Salem,Mass. 01970
Mr. Hutchinson, ou operate an automobile and
This Department has previously established the fact that y
an additional use requires
This business is a Gr
fathered use. Any ad {
truck salvageYard. Board of Appeals
relief from the Salem Zoning
Currently,
you are crushing and processing rock and other materials. II ,
sist processing materials immediately. Failure to tea
se
You are directed s cease and plaint being
filed m the appropriate court.
' and desist will result in a comp special Permit on
eal decision allowing a SP
the previous Board of App ou are ordered to cease the uses
Furthermore, P appealed. Therefore y eal.
November 17, 2004, has been appe
allowed in the November 17,2004 decision until the Courts decideou riP a any questions
appeal is to the Salem Zoning Board of Appeals. If y
Your right to app lease feel free to contact me directly.
regarding this matter, p
Thomas J. St.Pierre
Zoning Officer
Building Commisioner
cc: Mayor's Office
Asst. Solicitor—Elizabeth Rennard
Atty: James Rogal
Staff Planner—Frank Taormina
I
CITY OF SALEM, MASSACHUSETTS
a
BUILDING DEPARTMENT
120 WASHINGTON STREET, 3° FLOOR
TEL (978) 745-9595
FAx(978) 740-9846
KIMBERLETi MW144 2006
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
Fred Hutchinson
15 Robinson Road Realty Trust
15 Robinson Road
Salem, Mass. 01970
RE: Swampscott Road
Mr. Hutchinson,
I was called on Thursday February 9, 2006 to your property on Swampscott Road to
investigate the steady stream of trucks hauling material. After observing a few vehicles
and speaking with your grandson, it was determined that the material was unscreened
loam that was being stockpiled and screened and ultimately returned to Swampscott
where it originated.
I was in touch with the D.E.P. to confirm that the operation was not in violation of the,
orders previously issued. Over the phone, based on my description the D.E.P agreed
there was no violation.
However, as previously pointed out by this Department, expanding the use of your
property beyond the Automobile Salvage Business violates Salem Zoning Ordinance.
The additional use would require, as a minimum a Special ermit.
You are directed to Cease and Desist processing soils and other materials not related to
your Auto Business. Your right to appeal is to the Salem Z.B.A.
Thomas J. St. Pierre
Zoning Enforcement Officer
Cc: Mayor's Office
Acting City Solicitor—Elizabeth Rennard
Arty: James Rogal—32 Church St., Salem
Frank Taromina—Planning Department
Councilor Jean Pelletier
CITY OF SALEM, MASSACHUSETTS
?�v a PUBLIC PROPERTY DEPARTMENT
0
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 0I970
/M TELEPHONE: 978_745-9595 EXT. 380
ST AN LEV J. USOVIOZ, .1R• FAX: 978-740-9846 •
MAYOR
November 7, 2005
AAA—Enterprises and Services,Inc.
15 Robinson Road
Salem,Mass. 01970
Mr. Hutchinson,
additional use requires
This Department has previously established the fact that you operate an automobile an
truck salvage yard. This business is a Grand ffathered use. Any
relief from the Salem Zoning Board of Appeals.
, i
Currently, you are crushing and processing rock and other materials.
You are directed to cease and desist processing materials immediately. Failure to cease
and desist will result in a complaint being filed at the appropriate court.
R Furthermore, the previous Board of Appeal decision allowing a Special Permit on
November 17, 2004, has been appealed. Therefore you are ordered to cease the uses
allowed in the November 17, 2004 decision until the Courts decide the appeal.
Your right to appeal is to the Salem Zoning Board of Appeals. If you have any questions
ter, please feel free to contact me directly.
regarding this mat
f
Thomas J. St-Pierre
Zoning Officer
Building Commisioner
cc: Mayor's Office
Asst. Solicitor—Elizabeth Rennard
I Arty: James Rogal
4 I Staff Planner—Frank Taormina
I
' I
11
c l
i I
i I �
I'
I{
1 I
I
4
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
ONE WINTER STREET, BOSTON, MA 02108 617.292-6600
MITT ROMNEY STEPHEN R.PRITCHARD
Governor
Secretary
BERRY HEALEY �'r, ,rr� n /7 ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor (\;`✓J-' (\(�)) �J \``/J/ NOV J 4 (�Il� Commissioner
CERTIFIED MAIL �w
James L. Rogal,Esq. RE: SALEM—Solid Waste Management
Law Offices of Christopher M. Welch A &H Auto Exchange, hie.
32 Church Street 15 Robinson Road
Salem, MA 01970 FMF# 383755
Administrative Consent Order with Penalty
ACOP-NE-05-9015-2467
Dear Mr. Rogal:
Enclosed herewith please find a fully executed copy of the final Administrative Consent Order with
Penalty(ACOP)relative to the above-referenced case.
Should you have any questions please contact me at(617)654-6585.
Sincerely,
tin A. Car igan
Section Chief
Solid Waste M gement Section
JAC/mgf
Enclosure: Administrative Consent Order with Penalty(ACOP-NE-05-9015-2467;effective date: 11/10/2005)
Certified Mail No. 7003 1116 0001 6107 6995
cc: Michael Ferris
A&H Auto Exchange, Inc.
15 Robinson Road
Salem,MA 01970
(without enclosure)
This information is available in allernale format.Call Donald M.Gomes,ADA Coordinator at 617-5561037.TDD Service-1-800-29&2207.,
_
DEP on the WWaotltl Wide Web: hltp:/Pew,v.mass.gov/tlep
fiP
Ger Printed on Recycled Paper
/ 13 2005
- 7 J!"dG&
P
A&H Auto Exchange,Inc.(Salem) Page 2 of
ACOP-NE-05-9015-2467
,
Joanne Scott
Salem Board of Health
email:;cronacalem rnm
Frank Taormina
Salem Department of Planning&Community Development
email: ftanrminnAsslem cam
David P.LaBrode Ctj'U j �' ) V GV
DEP-NEROB W P
Heidi Zisch
DEP-NERO/OGC
DEP-NERD: MIS Regional Enforcement File
A&HAuto_Salem_exACOPCvrLtr 11141005
A C
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
I
File No.: ACOP-NE-05-9015-2467
FMF No.: 383755
In the Matter of: )
ADMINISTRATIVE CONSENT ORDER
A & H Auto Exchange,Inc. ) WITH PENALTY AND
Salem,Massachusetts ) NOTICE OF NONCOMPLIANCE
1
I. THE PARTIES
1. The Massachusetts Department of Environmental Protection (the "Department") is a duly
constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L.
c. 21 A, §7, with its principal and Metropolitan Boston/Northeast Regional offices located at
One Winter Street,Boston,Massachusetts 02108.
2. A & H Auto Exchange, Inc. ("A&H") is a Massachusetts corporation duly organized under
the laws of the Commonwealth of Massachusetts, with its principal offices located at 15
Robinson Road, Salem, Massachusetts 01970. Michael Ferris is the President of A&H.
11. STATEMENT OF FACTS AND LAW
3. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§150A and M.G.L. c. 111, §150A1/2 and the regulations promulgated thereunder at 310
CMR 16.00 and 310 CMR 19.000; M.G.L. c. 111, §§142A-0 and the regulations
promulgated thereunder at 310 CMR 6.00— 8.00; M.G.L. c. 21C, §§4-6 and the regulations
promulgated thereunder at 310 CMR 30.000; and M.G.L. c. 131, § 40, and the regulations
promulgated thereunder at 310 CMR 10.00. The Department has authority under M.G.L. c.
21A, §16 and the regulations promulgated thereunder at 310 CMR 5.00 to assess civil
administrative penalties to persons in noncompliance with its regulations.
4. The Department's authority to issue this Consent Order is conferred by M.G.L. c. 111,
§150A and M.G.L. c. 111, §I50A1/2 and the regulations promulgated thereunder at 310
CMR 16.00 and 310 CMR 19.000; M.G.L. c. 111, §§142A-0 and the regulations
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SALEM ACOP-NE-05-9015-2467
promulgated thereunder at 310 CMR 6.00— 8.00; M.G.L. c. 21C, §§4-6 and the regulations
promulgated thereunder at 310 CMR 30.000; and M.G.L. c. 131, § 40, and the regulations
promulgated thereunder at 310 CMR 10.00.
5. A&H owns and operates an automobile salvage operation on approximately 9.7 acres of
land located off of 15 Robinson Road in Salem, Massachusetts owned by Mountain Realty
Trust (the "Property"). A&H is using portions of the Property for the storage, handling,
processing and transfer of solid waste. In addition, A&H is a generator of waste oil and
other hazardous waste.
6. The Property has not been site assigned for such solid waste activities in accordance with
310 CMR 16.00, the Site Assignment Regulations for Solid Waste Facilities. The
Department has issued no permits, plans or approvals for a solid waste management facility
at the Property pursuant to 310 CMR 19.000,the Solid Waste Management Regulations.
7. On October 23, 2003, Department personnel inspected the Property and observed the
following.
a) The accumulation and storage on the ground of construction and demolition waste
("C&D") from off-site sources.
b) The storage of C&D from off-site sources in roll-off containers pending transfer for
off-site disposal.
c) The speculative accumulation of used tires in violation of 310 CMR 7.07(4).
d) The discharge of a mixture of used gasoline/water to the ground in violation of
M.G.L. c. 21 C and 310 CMR 30.801.
e) The accumulation of hazardous waste and waste oil without registering with the
Department as a Very Small Quantity Generator(VSQG) of hazardous waste or a Small
Quantity Generator (SQG) of waste oil in violation of M.G.L. c. 21 C and 310 CMR
30.801, and in violation of 310 CMR 30.253(10)(a) [which refers to 310 CMR
30.353(5)].
f) The signed Copies (Copy 3 of eight part and/or Copy 1 of four part) of hazardous waste
manifests were not available for review in violation of 310 CMR 30.253(10)(b) [which
refers to 310 CMR 30.331(1)].
g) Copies 6 and 7 of several hazardous waste manifests had not been mailed to the
Department, and to the destination state(s) identified on the hazardous waste
manifest(s) in violation of 310 CMR 30.253(10)(b) [which refers to 310 CMR
30.314(1)(c)l and (1)(c)21.
h) Two above ground tanks (one 300-gallon tank and one 500-gallon tank) used to
accumulate waste oil were not marked with the required information in violation of 310
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SALEM ACOP-NE-05-9015-2467
CMR 30.253(6)(b) [which refers to 310 CMR 30351(8)(a), which refers to 310 CMR
30.341(2)].
i) The waste oil accumulation area was not marked and clearly distinguishable from
generation area(s) and other waste management areas in violation of 310 CMR
30.253(6)(b) [which refers to 310 CMR 30351(8)(a), which refers to 310 CMR
30341(5)].
j) An up-to-date written list containing the required emergency information was not posted
next to every telephone at the site of generation in violation of 310 CMR 30.253(7)(b)
[which refers to 310 CMR 30351(9)(c)(6)(a)through(d)].
k) A sign with the words "Waste Oil" was not posted in the waste oil accumulation area in
violation of 310 CMR 30.253(6)(b)(1).
l) Both the 300 and 500-gallon above ground tanks of waste oil were located on a
surface that is not impervious, in violation of 310 CMR 30.253(6)(b)2.a. [which
refers to 310 CMR 30.343(1)(d)2.a].
m) Both the 300 and 500-gallon above ground tanks of waste oil were open, in violation
of 310 CMR 30.253(6)(b)2.b. [which refers to 310 CMR 30343(1)(e), which refers to
310 CMR 30.695(5)].
8. On June 25, 2004, Department personnel inspected the Property for the purpose of
assessing A&H's compliance with the requirements of 310 CMR 16.00 and 310 CMR
19.000 with regards to the management of solid waste at the Property and observed the
following.
a) The accumulation and storage on the ground of C&D from off-site sources.
b) The storage of C&D from off-site sources in roll-off containers pending transfer for
off-site disposal.
c) The speculative accumulation of used tires.
9. On August 23, 2004, A&H submitted appropriate documentation to the Department
registering the facility as a small quantity generator of vrste oil.
10. On December 14, 2004, Department personnel observed the storage of vehicles and
dumpsters at the Property adjacent to the banks of a stream and within the one hundred
(100)-foot buffer zone of a wetland resource area.
11. The management of solid waste at the Property is regulated under 310 CMR 16.00, "The
Site Assignment Regulations for Solid Waste Facilities" and 310 CMR 19.000, "The Solid
Waste Management Regulations".
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12. The Department has determined based on the foregoing that A&H has violated the
following requirements:
a) 310 CMR 19.020— Permit Requirements for Construction and Operation of Solid
Management Facilities,which reads in part:
"Except as allowed under 310 CMR 19.021, no person shall construct, operate or
maintain a facility to store, process,transfer, treat, or dispose of solid waste except in
accordance with:
(1) a valid site assignment;
(2) a solid waste management facility permit (hereafter permit), issued in accordance
with 310 CMR 19.000;
(3) an authorization to construct the facility issued by the Department in accordance
with 310 CMR 19.041; and
(4) an authorization to operate the facility issued by the Department in accordance
with 31 CMR 19.042."
b) 310 CMR 16.06—Prohibitions,which reads in part:
"No place in any city or town shall be maintained as a site for a facility unless such place
has been assigned by the board of health or the Department, whichever is applicable,
pursuant to M.G.L. c. 111, sect. 150A. Any disposal of solid waste at any location not so
assigned shall constitute a violation of 310 CMR 16.00."
C) 310 CMR 19.014 — Prohibition on open dumps and dumping grounds, which reads
in part:
"No person shall establish, construct, operate, or maintain a dumping ground, or operate or
maintain a landfill in such a manner as to constitute an open dump. For the purpose of 310
CMR 19.014, the phrase "establish, construct, operate, or maintain" shall include without
limitation, disposing or contracting for the disposal of refuse in a dumping ground or open
dump."
d) 310 CMR 19.015—Compliance, which reads in part:
"No person shall construct, modify, operate or maintain a facility except in compliance with
a site assignment, permit or plan approved by the board of health or the Department, as
applicable, and any authorizations issued by the Department and all conditions included in a
permit, approval or authorization for said facility."
e) 310 CMR 19.041 —Authorization to Construct, which reads impart:
"(1) General. The following shall not be constructed except in accordance with a valid
authorization to construct issued by the Department in writing:
(a) a facility for which a permit has been issued;
(b) modifications to a facility for which a permit modification has been issued; or
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SALEM ACOP-NE-05-9015-2467
III. DISPOSITION
13. The Department and A&H have agreed to enter into this Consent Order because they agree
that it is in their own interests, and in the public interest, to proceed promptly with the
actions called for herein rather than expend additional time and resources litigating the
allegations set forth above. This Consent Order shall not constitute, be construed as, or
operate as an admission by A&H of any fact or violation of any law or regulation.
However, A&H agrees not to contest the facts and violations set forth herein for purposes
of the issuance and enforcement of this Consent Order.
14. A&H hereby waives its right to an adjudicatory hearing before the Department on, and
judicial review of, the issuance and terms of this Consent Order and to notice of any such
rights of review.
15. The Department hereby determines, and A&H hereby agrees, that the deadlines set forth in
this Consent Order constitute reasonable times to perform the actions agreed to in this
Consent Order and to come into compliance with the provisions cited in Part II above.
16. For purposes of M.G.L. c. 21 A, §16, and 310 CMR 5.00,this Consent Order shall serve as a
Notice of Noncompliance for A&H's noncompliance with the requirements cited in Part II
above. Future violations of those requirements or of this Consent Order may result,without
limitation, in the assessment of additional civil administrative penalties for each day, or
portion thereof, each such violation occurs or continues.
17. This Consent Order shall be binding on A&H and on its officers, employees, agents,
successors and assignees. A&H shall not violate this Consent Order and shall not allow or
suffer its officers, employees, agents, successors, consultants, assignees or contractors to
violate this Consent Order. Violation of this Consent Order by any of the foregoing shall
constitute a violation of this Consent Order by A&H. A&H shall provide a copy of this
Consent Order to each successor or assignee concurrent with establishing any succession or
assignment.
18. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to
issue any additional Order or to seek any other relief with respect to the subject matter
covered by this Consent Order; (ii) any legal or equitable right of the Department to pursue
any other claim, action, suit, cause of action, or demand which the Department may have
with respect to the subject matter covered by this Consent Order, including, without
limitation, any action to enforce this Consent Order in an administrative or judicial
proceeding; or(iii) any legal or equitable right of the Department with respect to any subject
matter not covered by this Consent Order.
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IV. ORDER
For the reasons set forth above,the Department hereby issues, and A&H hereby consents to,
the following Order.
19. A&H shall cease all solid waste management activities at the Property that are not in
compliance with the requirements of 310 CMR,16.00, 310 CMR 19.000, and 310 CMR
7.07(4). These activities include, but are not necessarily limited to: the speculative
accumulation of tires, and the disposal, handling, storage, processing, and/or transfer of
construction and demolition debris generated from locations other than the Property.
20. A&H shall manage all hazardous waste, including waste oil, at the Property in
accordance with the requirements of 310 CMR 30.000, The Massachusetts Hazardous
Waste Regulations. Within thirty (30) days of the effective date of this Consent Order,
A&H shall:
a) label each tank and container in which waste oil or other hazardous wastes are being
accumulated in accordance with 310 CMR 30.341(2);
b) post a sign with the words WASTE OIL in the area(s) where waste oil is being
accumulated as required by 310 CMR 30.253(6)(b)(1);
c) maintain and manage all tanks and containers in which waste oil or other hazardous
wastes are being accumulated in accordance with the requirements of 310 CMR 30.000,
including but not limited to, closing all 'such containers except when waste is being
added or removed,as required by 310 CMR 30.695(5);
d) make such modifications as are necessary in areas where waste oil is being accumulated
to comply with the provisions of 310 CMR 30.253(6)(6);
e) mark all areas where hazardous wastes are accumulated so such areas are clearly
distinguishable from areas where waste are initially accumulated for purposes of 310
CMR 30.341(5), and from all areas where wastes are not accumulated;
fj retain, as applicable, Copy, 3 of all hazardous waste manifests for hazardous waste
shipped from the Property in accordance with 310 CMR 30.331(1);
g) provide a copy of the hazardous waste manifest to the Department, within ten days of
the date the shipment begins, as required by 310 CMR 30.314(1)(c)I;
h) provide a copy of the.hazardous waste manifest to the appropriate agency of the State in
which the receiving facility for the waste is located, within ten days of the date any
hazardous waste shipment begins, as required by 310 CMR 30.314(1)(c)2;
i) post near the telephone(s) at the Property and in the waste oil management area, the
emergency information required by 310 CMR 30.351(9)(c)6. a. through d.; and
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SALEM ACOP-NE-05-9015-2467
and keep its status as a very small quantity generator. If the very small quantity generator
intends to transfer custody or possession of the hazardous waste or regulated recyclable
material to another person or persons, the registration shall set forth the name, address, and
EPA identification number, if applicable, of each such person. If the very small quantity
generator intends to itself treat or recycle the hazardous waste or regulated recyclable
material, the registration shall set forth the process by which the hazardous waste or
regulated recyclable material shall be treated or recycled. If the site has an EPA
identification number or a Massachusetts identification number, that number shall be
included in the registration. An identification number for the site is required if the very
small quantity generator is using a manifest."
p) 310 CMR 30.253(10)(b) [which refers to 310 CMR 30.331(1)], which reads in
per:
"Retention of manifest documents. Whenever required or whenever used even if not
required, the following manifests shall be kept by the generator for three years from the date
the waste was accepted by the initial transporter:
1. Copy 8 of the eight part form referenced in 310 CMR 30.312(1); however once a
fully executed copy 3 is received by the generator, then this copy 3 shall be kept on
file instead of or in addition to the partially executed copy 8.
2. Copy 4 of the four part form referenced in 310 CMR 30.312(3) or (4); however,
once a fully executed copy 1 is received by the generator, then this copy 1 shall be
kept on file instead of or in addition to the partially executed copy 4."
q) 310 CMR 30.253(10)(b) [which refers to 310 CMR 30.314(1)(c)l and (1)(c)2],
which reads in part:
"The generator shall do the following:
(c)Retain three copies and distribute as follows:
1. one copy shall be sent to the Department within ten days of the initiation of the
shipment;
2. another copy shall be sent to the appropriate agency of the destination state, if
the facility is located outside of Massachusetts, within ten days of the initiation of
the shipment."
r) 310 CMR 30.801, which reads in part:
"No person shall transport, use, collect, store, treat, or dispose of hazardous waste or
construct, operate or maintain any facility for,the use, storage, treatment, or disposal of
hazardous waste, unless said person, has applied for and obtained, and has in effect, a valid
license issued by the Department pursuant to M.G.L. c. 21 C and 310 CMR 30.000."
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SALEM ACOP-NE-05-9015-2467 '
S) The Wetlands Protection Act, M.G.L. c. 131, § 40, which reads in part:
"No person shall remove, fill, dredge or alter any riverfront area, freshwater wetland,
coastal wetland, ...marsh, meadow, or swamp bordering on the ocean or any...creek,
river, stream, pond, or lake, or any land under said waters or any land subject to tidal
action, coastal storm flowage, or flooding...without filing written notice of his intention
to so remove, fill, dredge or alter including such plans as may be necessary to describe
such proposed activity and its effect on the environment and without receiving and
complying with an order of conditions and provided all appeal periods have elapsed."
t ,
t) The Wetlands Protection Act, M.G.L. c. 131, § 40, which reads in part:
"No person shall remove, fill, dredge or alter any area subject to protection under this
section without the required authorization, or cause, suffer or allow such activity, or leave
in place unauthorized fill, or otherwise fail to restore illegally altered land to its original
condition, or fail to comply with an enforcement order issued pursuant to this section.
Each day such violation continues shall constitute a separate offense."
u) The Wetlands Regulations, 310 CMR 10.02(2)(a) and 310 CMR 10.05(4)(a),
which reads in part:
"Any person who proposes to do work that will alter any area subject to protection under
the Wetlands Protection Act is required to file a Notice of Intent."
V) The Wetlands Regulations, 310 CMR 10.02(2)(b), "Activities Within the Buffer
Zone,"which reads in part:
"Any activity other than minor activities identified in 310 10.58(6)(b) proposed or
undertaken within 100 feet of an area specified in 310 CMR 10.02(l)(a) (hereinafter called
the Buffer Zone) which, in the judgment of the issuing authority, will alter an Area Subject
to Protection Under M.G.L. c. 131 § 40 is subject to regulation under M.G.L. c. 131, § 40
and requires the filing of a Notice of Intent."
w) The Wetlands Regulations, 310 CMR 10.05(3)(a)(2), which reads in part:
"Any person who proposes to perforin work within the Buffer Zone shall submit to the
conservation commission either a Notice of Intent for such work or a Request for
Determination of Applicability."
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j) manage the wastewater separated from gasoline as a hazardous waste in accordance
with M.G.L., Chapter 21C, Massachusetts Hazardous Waste Management Act, Section
5 and 310 CMR 30.801.
21. A&H shall,within sixty(60)days of the effective date of this Consent Order:
a) Remove all accumulated construction and demolition waste from the Property, and
properly dispose of said waste at an approved solid waste management facility and in
accordance with the requirements of 310 CMR 16.00 and 310 CMR 19.000; and
b) Submit to the Department, for the Department's review, a schedule and plan for
removing the accumulated tires from the Property and detailing the measures A&H
will take to prevent the future speculative accumulation of tires ("Tire Removal Plan
and Schedule").
22. Within ninety (90) days of the effective date of this Consent Order, A&H shall submit to the
Department a written report documenting an environmental assessment of the Property,
which shall be conducted as set forth in this paragraph. The report shall be signed and
certified by a responsible corporate officer of A&H, in accordance with the requirements of
310 CMR 19.011. A&H shall complete an environmental assessment to determine whether
any releases of oil and/or hazardous materials to the environment have occurred at the
Property. Such assessment shall include, without limitation, an investigation of the soils
associated with the hazardous waste/waste oil storage area(s), the motor vehicle
crushing/dismanding area(s), and other likely areas of contamination at the Property. If the
results. of the assessment trigger a notification requirement under the Massachusetts
Contingency Plan 310 CMR 40.0000 (the "MCP"), A&H shall properly notify the
Department and conduct the necessary actions in accordance with the MCP, and A&H shall
be subject to the submittal requirements, approvals and fees specified in the MCP. All
necessary actions and submittals shall be performed according to the timelines specified in
310 CMR 40.0000. If the assessment results indicate contamination but do not trigger a
notification requirement under the MCP, A&H shall conduct the necessary actions in
accordance with the requirements of 310 CMR 40.0370.
23. Within ninety(90) days of the effective date of this Consent Order,A&H shall submit to the
Department an Auto Recycling and Junkyard Best Management Plan (the "BMP"), specific
to A&H's activities at the Property as set forth below, and signed and certified by a
responsible corporate officer of A&H, in accordance with the requirements of 310 CMR
19.011. The BMP shall describe how A&H will manage all motor vehicle fluids, hazardous
materials/waste, and solid waste in accordance with updated practices and all applicable
state and federal regulations.
As applicable to A&H, the BMP shall describe,without limitation:
i. the steps A&H has already taken to comply with the provisions of 310 CMR
16.00, 310 CMR 19.000, and 310 CMR 30.000 relative to the management
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of solid waste and hazardous waste at the Property and with the requirements
of this Consent Order;
ii. the proper management of all fluids removed from junk/salvage motor
vehicles;
iii. the removal and proper management of recyclable materials, and hazardous
components and materials from such vehicles, including, but not limited to,
mercury switches, lead components and lead-acid batteries, tires,
refrigerants, and air bags;
iv. the location of on-site crushers and/or balers, whether contracted or owned,
on an impermeable and bermed area;
v. the relocation of the vehicles and dumpsters adjacent to the banks of the
stream to a location no closer than 50 feet from the banks of the stream or
any wetland resource area on the property and ensure that future activities
adjacent to the stream or other resource areas, including storage of
equipment, vehicles or dumpsters are in compliance with the Wetland
Protection Act,M.G.L. Chapter 131 Section 40 and the Wetland
Regulations, 310 CMR 10.00;
vi. the incorporation of stormwater management practices;
vii. training of employees in the contents of the BMP, safety and emergency
procedures,and applicable regulatory requirements; and
viii. all other procedures for the proper and safe operation of such activities.
24. A&H shall provide for periodic compliance inspections and evaluations of A&H's
activities (the "inspections"). The inspections shall be conducted, as set forth below, by a
licensed professional experienced in solid and hazardous waste management (the
"inspector"). Such qualified individuals may include Licensed Site Professionals
("LSPs") and Massachusetts Registered Professional Engineers.
a) Within thirty (30) days of the Department's receipt of the BMP described in paragraph
23 above, the initial inspection shall be conducted. Thereafter, quarterly inspections
(one inspection every three months) shall be conducted for a period of one year.
b) Within fourteen (14) days of each inspection, A&H shall submit to the Department a
written inspection report signed and certified by the inspector and a responsible
corporate officer of A&H in accordance with 310 CMR 19.011 that, to the best of
his/her knowledge, all information is accurate and complete. The inspection report
shall describe in detail the condition and compliance status of each operational aspect
of A&H's activities, and any deviation from compliance with the management
practices set forth in the BMP or the applicable regulations. In the event a condition
of noncompliance is identified, the report shall clearly describe:
i. the issue of noncompliance;
ii. any actions already taken to correct such noncompliance;
iii. any proposed actions to appropriately correct such noncompliance;
iv. a schedule for implementing the corrective action(s); and
v. a schedule to correct any other issues identified by the inspector.
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SALEM ACOP-NE-05-9015-2467
c) Within thirty (30) days of the last quarterly inspection described in paragraph 24.a.
above, A&H shall submit to the Department a written annual report signed and
certified by the inspector and a responsible corporate officer of A&H in accordance
with 310 CMR 19.011 that, to the best of his/her knowledge, all information is
accurate and complete. The annual report shall include a certification that all actions
required by this Consent Order have been completed, and shall document, without
limitation:
i. the results of the inspections required by paragraph 24.a of this Consent
Order;
ii. A&H's compliance status regarding the requirements of this Consent
Order and the activities described in the BMP; and
iii. any additional recommendations of the inspector to maintain compliance
with the applicable regulations.
25. The actions required by this Consent Order shall be performed in accordance with M.G.L. c.
111, §150A and M.G.L. c. 111, §I50A1/2 and the regulations promulgated thereunder at
310 CMR 16.00 and 310 CMR 19.000; M.G.L. c. I11, §§142A-0 and the regulations
promulgated thereunder at 310 CMR 6.00 — 8.00; M.G.L. c. 21C, §§4-6 and the
regulations promulgated thereunder at 310 CMR 30.000; and M.G.L. c. 131, § 40, and
the regulations promulgated thereunder at 310 CMR 10.00 and all other applicable
federal, state and local laws, regulations and approvals. Any noncompliance with such
laws, regulations or approvals shall constitute a violation of this Consent Order.
26. A&H will have fulfilled the requirements set forth in this Consent Order upon A&H's
completion of all the actions, submittals and payments required in this Consent Order,
and upon the issuance by the Department of a retum-to-compliance letter regarding the
violations cited in Part II of this Consent Order.
V. PENALTIES
27. For the violations described in Part II above, the Department assesses a civil administrative
penalty of Twenty-Five Thousand Dollars ($25,000),payable as set forth below:
a) Within thirty (30) days of the effective date of this Consent Order, A&H shall pay to
the Commonwealth of Massachusetts the sum of Two Thousand Five Hundred Dollars
($2,500) as a civil administrative penalty for the violations listed in Part II above.
Payment of such penalty shall be made in the manner set forth in paragraph 29 below.
b) Within sixty (60) days of the effective date of this Consent Order, A&H shall pay to the
Commonwealth of Massachusetts the sum of Two Thousand Five Hundred Dollars
($2,500) as a civil administrative penalty for the violations listed in Part II above.
Payment of such penalty shall be made in the manner set forth in paragraph 29 below.
AP9015-05 ver. 10/06/2005
A &H Auto Exchange, Inc. Page 14 of 17' '
SALEM ACOP-NE-05-9015-2467
c) If A&H violates any provision of this Consent Order, or further violates any of the
requirements cited in Part II above within one year of the effective date of this Consent
Order, A&H shall pay to the Commonwealth of Massachusetts the remaining amount
of Twenty Thousand Dollars ($20,000). Payment of such penalty shall be made within
thirty (30) days of receipt of written demand for payment from the Department, and
shall be made in the manner set forth in paragraph 29 below.
28. In addition to the penalty in paragraph 27 above, if A&H violates this Consent Order,
A&H shall pay to the Commonwealth a stipulated civil administrative penalty in
accordance with the following schedule. For each day, or portion thereof, each violation
continues, A&H shall pay stipulated civil administrative penalties as follows:
Period of Violation Penalty per day
1st through 15th day $1,000 per day
16th through 30th day $2,000 per day
31 st day and thereafter $4,000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs
and shall continue to accrue until the day A&H corrects the violation or completes
performance whichever is applicable. Even if violations are simultaneous, separate
penalties shall accrue for separate violations of this Consent Order. Stipulated civil
administrative penalties shall accrue regardless of whether the Department has notified
A&H of a violation or act of noncompliance. The payment of stipulated civil administrative
penalties shall not alter in any way A&H's obligation to complete performance as required
by this Consent Order.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid
within thirty (30) days of the date the Department sends a written demand therefore. If a
court judgment is necessary to execute a claim for such stipulated penalties under this
paragraph, A&H agrees to assent to the entry of such judgment. The stipulated civil
administrative penalties set forth herein shall not preclude the Department from electing to
pursue alternative remedies or alternative civil or criminal penalties which may be available
by reason of A&H's failure to comply with the requirements of this Consent Order. In the
event the Department collects alternative civil administrative penalties, A&H shall not be
required to pay such stipulatedpenalties pursuant to this Consent Order.
29. A&H shall pay all civil administrative penalties due under this Consent Order by certified
check, cashier's check or money order payable to the Commonwealth of Massachusetts.
A&H shall clearly print the name "A & H Auto Exchange, Inc.", file number"ACOP-NE-
05-9015-2467" and A&H's Federal Employer Identification Number on the face of the
payment, and shall mail it to:
AP9015-05 ver. 10/06/2005
A &H Auto Exchange, Inc. Page 15 of 17
SALEM ACOP-NE-05-9015-2467
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3982
Boston,Massachusetts 02241- 3982
A&H shall deliver a copy of the payment to:
Heidi O'Brien,Deputy Regional Director
Bureau of Waste Prevention
Department of Environmental Protection
Northeast Regional Office
One Winter Street—3rd Floor
Boston,Massachusetts 02108
In the event A&H fails to pay in full any civil administrative penalty on or before the date
due under this Consent Order, and in the manner and form required by this Consent Order,
A&H shall pay to the Commonwealth three (3) times the amount of the civil administrative
penalty, together with costs, plus interest on the balance due from the time the civil
administrative penalty became due and attorneys' fees, including all costs and attorneys' fees
incurred in the collection thereof. The rate of interest shall be the rate set forth in M.G.L. c.
231, §6C.
VI. ACCESS
30. A&H agrees to provide the Department, and the Department's employees, representatives
and contractors, access at all reasonable times to the Property for purposes of conducting
any activity related to its oversight of this Consent Order. Notwithstanding any provisions
of this Consent Order, the Department retains all of its access authorities and rights under
applicable state and federal law.
VII. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
31. This Consent Order shall not be construed as, or operate as, relieving A&H or any other
person of the necessity of complying with all applicable federal, state and local laws and
regulations.
VIII. MODIFICATIONS
32. This Consent Order may be modified only by written agreement of the parties hereto.
AP9015-05 ver. 10/06/2005
A &H Auto Exchange, Inc. Page 16 of 17" '
SALEM ACOP-NE-05-9015-2467
LX. SUBMISSIONS
33. Submissions required by this Consent Order shall be considered delivered upon receipt by
the Department. All submissions required by this Consent Order,other than those made
pursuant to paragraph 29 above, shall be submitted to:
Heidi O'Brien,Deputy Regional Director
Bureau of Waste Prevention
Department of Environmental Protection
Northeast Regional Office
One Winter Street—3rd Floor
Boston, MA 02108
34. All submissions made to the Department by A&H under this Consent Order shall be
certified by a responsible corporate officer of A&H in accordance with the applicable
provisions of 310 CMR 19.000, including but not limited to the requirements of sections
310 CMR 19.011, 19.031(11), and 19.043.
35. Within thirty (30) days of the receipt of the Department's comments, if any, regarding
any submittal required pursuant to Part IV of this Consent Order, A&H shall submit to
the Department a revised document that corrects any deficiencies reasonably identified
by the Department in the draft document and makes any changes that the Department
reasonably requires. Failure to submit a revised document within thirty (30) days shall
constitute a violation of this Consent Order.
X. SEVERABILITY
36. The provisions of this Consent Order are severable and if any provision of this Consent
Order or the application thereof is held invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity of any other provision of this Consent Order, or
the application of such other provisions, which shall be given full effect without the invalid
or unenforceable provision or application provided, however, that the Department may, in
its sole discretion, elect to void the entire Consent Order in the event of any such invalidity
or unenforceability.
XI. RATIFICATION
37. This Consent Order shall become effective on the date of the last signature set forth below.
38. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf
such representative is signing to this Consent Order.
AP9015-05 ver. 10/06/2005
A & H Auto Exchange,Inc. Page 17 of 17
SALEM ACOP-NE-05-9015-2467
A & H AUTO EXCHANGE,INC.
By: //7&�)
Michael Ferris, Presiden
A & H Auto Exchange, Inc.
15 Robinson Road
Salem, MA 01970
Federal Employer Identification No. Q y33�7 19,9 J
Date: v2.I•t C l� 2C C
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Richard J. Chalpin, Regional Director
Metropolitan Boston/Northeast Regional Office
One Winter Street—5`h Floor
Boston,Massachusetts 02108
Telephone (617)654-6500
Date:
AP9015-05 ver. 10/06/2005
A&H Auto Exchange, Inc. Page 6 of 17
SALEM ACOP-NE-05-9015-2467 '
(d) The date upon which each period of accumulation begins.
k) 310 CMR 30.253(6)(b) [which refers to 310 CMR 30.351(8)(a) and 310 CMR
30.341(5)], which reads in part:
"All area(s) where wastes are accumulated for the purposes of complying with 310 CMR
30.000 generally shall be clearly marked (e.g., by a clearly visible line or piece of tape on
the floor,or by a gate or fence, or by a sign at the boundary of a clearly distinguishable area)
so that they are clearly distinguishable at all times from all specific points of generation
where wastes are initially accumulated solely for the purposes of 310 CMR 30.340(6), and
from all areas at the site of generation where wastes are not accumulated."
1) 310 CMR 30.253(6)(b)2.a [which refers to 310 CMR 30.343(1)(d)2.a], which reads
in part:
"All above-ground tanks shall have a containment system which is free of cracks and gaps
and is sufficiently impervious to contain leaks, spills,and accumulated precipitation until the
collected material is detected and removed."
m) 310 CMR 30.253(7)(b) [which refers to 310 CMR 30.351(9)(c)(6)(a)through (d)],
which reads in part:
"A generator shall have...on the premises...an up-to date written list containing the
following information, a copy of which shall be prominently posted next to every telephone
at the site of generation:
a. The name(s)and telephone number(s)of the emergency coordinator(s).
b. The location(s) of the fire extinguisher(s) and spill control materials, and, if
present,the fire alarms.
c. The telephone number of the fire department, and, if there is a direct alarm
system,instructions on how to activate it.
d. Evacuation routes,where applicable."
n) 310 CMR 30.253(6)(b)2.b. [which refers to 310 CMR30.343(1)(e) and 310 CMR
30.695(5)],which reads in part:
"A tank holding hazardous waste shall always be closed during storage, except when waste
is being added or removed."
o) 310 CMR 30.253(6)(c) [which refers to 310 CMR 30.353(5)], which reads in part:
"A very small quantity generator shall register with the Department by notifying the
Department in writing of its activity involving hazardous waste or regulated recyclable
material. If the Department Rrescribes a form for such registration, the generator shall use
such form when submitting such registration. Such a registration shall be signed and
submitted in compliance with 310 CMR 30.006 and 30.009. The generator shall follow
such procedures as may be required, requested or authorized by the Department to obtain
AP9015-05 ver. 10/06/2005
I
A &H Auto Exchange,Inc. Page 5 of 17
SALEM ACOP-NE-05-9015-2467
(c) a new phase in the case of a landfill being developed in phases."
f) 310 CMR 19.042—Authorization to Operate,which reads in part:
"(1) General. No person shall operate a facility, or if a new or existing facility is
developed in phases, operate in any new phase of a facility without a valid authorization
to operate issued by the Department in writing."
g) 310 CMR 7.07(4),which reads in part:
"Except as may be incidental to compliance with the provisions contained in 310 CMR
7.07(2) and 310 CMR 7.07(3) no person shall stack, place, or store combustible material in
such a manner as to cause or allow presumption by the Department that such material may
be subject to reduction by open burning."
h) M.G.L., Chapter 21C, Massachusetts Hazardous Waste Management Act, Section 5,
which reads in part:
"No person shall collect, transport, store, dispose of, treat, use or transport [sic] hazardous
waste in a manner which could endanger human health, safety or welfare, or the
environment, or in a manner inconsistent with any provision of this chapter, or of any
regulation standard, license, or order issued pursuant to this chapter.
No person shall collect, transport, store, treat, use or dispose of hazardous waste unless that
person is in possession of a valid license issued pursuant to this chapter and, when in
possession of such waste shall have a valid manifest."
i) 310 CMR 30.253(6)(b)(1);which reads in part:
"...all areas where waste oil and/or used oil fuel is accumulated or stored, except for satellite
accumulation areas, shall have posted at all times a sign with the words "WASTE OIL" in
capital letters at least one inch high. Each sign shall meet the guidelines set forth in the
National Fire Protection Association's Code No. 704."
j) 310 CMR 30.253(6)(b) [which refers to 310 CMR 30.351(8)(a) and 310 CMR
30.341(2)], which reads in part:
"Each tank or container in which hazardous waste is being accumulated shall be clearly
marked and labeled throughout the period of accumulation. Marks and labels shall be
clearly visible for inspection. For aboveground tanks and containers, marks and labels shall
be made on the side of each tank or container...Each tank or container shall be marked and
labeled with the following:
(a) The words "Hazardous Waste";
(b) The hazardous waste(s) identified in words (e.g., acetone,toluene);
(c) The type of hazard(s) associated with the wastes(s) indicated in words (e.g.,
ignitable, toxic, dangerous when wet); and
AP9015-05 ver. 10/06/2005
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL -
1' 120 WASHINGTON STREET, 3RD FLOOR
9 a SALEM. MASSACHUSETTS 01970
�vn TELEPHONE: 978-745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
C
January 4, 2007 r-
r_ r.
Ui C!1
O r,
Jane Canning,Trustee
Mountain Realty Trust €i
_7
15 Robinson Road o rn a
Salem,MA 01970 ;n
RE: 15 Robinson Road
Dear Ms. Canning:
The Salem Zoning Board of Appeals met on Wednesday,December 20, 2006 to discuss the request
by AAA Enterprises and Services, Inc. for a Withdrawal Without Prejudice for the special permit
petition for 15 Robinson Road.
The Board decided by a unanimous vote (4-0) to approve the request for Withdrawal Without
Prejudice.
If you have any questions or require further information, please feel free to contact me in the
Department of Planning&Community Development at (978) 619-5685.
Sincerely,
Daniel J. Merhalski
Staff Planner
Cc: Cheryl LaPointe, City Clerk
ca
° CITY OF SALEM, MASSACHUSETTS
?� PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
9e�MINB SALEM, MASSACHUSETTS 01970
STANLEY J. USDVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
August 19, 2005
A-H Auto
AAA Enterprises
15 Robinson Road
Salem, MA 01970
Re: Sign and Zoning Violation
Dear Mr. Hutchinson:
Previously you were sent a letter regarding an illegal sign abutting Swampscott Road.
Subsequent conversation revealed controversy regarding the ownership of the land under
the sign.
The most recent discussion with our Asst. City Solicitor Beth Rennard revealed that AAA
Enterprises does not own the land under the sign.
Therefore, under the authority of the Mass State Building Code 780 CMR section 3102,
3102.51 and section 119 you are again ordered to remove the sign.
If you fail to remove the sign within 5 days of receipt of this letter. The City will remove
the sign and all costs will lien your property.
Sincerely,
Thomas St. Pierre
Building Commissioner
Cc: Mayors Office
Asst. City Solicitor, Beth Rennard
Atty. James Rogal
k.; 1 CC To e
PENGINEERING,
INC.
P.O. Box 848 • Salem, Massachusetts 01970 •Telephone: 978-745-4569 • Fax: 978-745-4881
November 8, 2006
Bruce Thibodeau
Salem Engineering Dept.
120 Washington Street
Salem, MA 01970
Re: A&H Auto Exchange, 15 Robinson Road,Salem,Drainage Alteration Plan
Truck Scale
Dear Mr. Thibodeau,
The property owner desires to rebuild the truck scale adjacent to the driveway from Robinson Rd. The
truck scale would be used to weigh steel, white metal and other materials that are being recycled in bulk.
The entire scale unit is located within the 100' buffer zone of an inland bank and BV W. The unit
consists of five concrete pillars, which are in place, a suspended steel frame and steel plate cover,which
are also in place.To complete the installation it is necessary to build an earthen ramp on each side of the
scale for access..Interlocked Jersey barriers would be placed along the ramp to prevent the fill from
falling onto the driveway. The final grading for future runoff control and BMP will change the contours
and road elevations,eliminating the Jersey barriers.
The top of the existing concrete pillars is at elevation 81.72 while the surrounding grade is 80-81.0. The
top of scale is 3' higher than the concrete which means the ramp will require 4-5' of fill at the scale
ends. To prevent fill from falling under the scale a concrete headwall l' thick by 12' wide and 3' high
would be constructed against the scale. The structure would be formed on existing grade and pinned to
the pillars No excavation is required.
The ramp would be 60' long by 10' wide and slope 10% on the Robinson Rd. side and 5% on the house
side of the scale. The 10' section closest to the scale would be paved with asphalt underlain with 6" of
'/4" crushed stone. The remainder of the fill used for the ramp (approx. 50 cubic yards for each side)
would be on-site material consisting of large rock(6" and under) mixed with 30-40% sand and gravel
and 10% silt as is typical of the fill pile on the property. The material would be placed by an excavator
and packed in with the bucket. A track mounted bulldozer would be used to level and compact the ramp.
Crushed stone (3/4") and Lynnpac (approx. 40 cubic yards) would be brought to the site and spread on .
the ramps to stabilize the surface and prevent erosion. A row of hay bales and siltation fence are in place
along the brook bank approx. 30-70' from the proposed ramps. This aspect of the facility upgrade has
been prepared separately from the NOI because of the need to pour the concrete and pavement before
the weather turns cold.
The current drainage flow is split between the swale area beside the driveway,and the road itself The
road flow proceedmthe inter section of Robinson Rd. and then flows south into the brook at the
property line.This plan proposes to restore the drainage ditch on the north side of the scale ramps to
direct runoff from the ledge (non-impacted)along the north side of the road and to fill the eroded area
beside the brook 1-2' to redirect flow away from the brook. This will eliminate the direct discharge into
the brook and the final BMP grading will capture all the runoff and direct it into a detention pond as
proposed in the NOI application.The Site Plan and sections are enclosed.
Please call if you have any questions on this material.
Very truly yours,
SPP Engineering, Inc. [�
Bruce M. Poole
President
BMP/cr
CC: Mike Ferris
Mark Fairbrother DEP
Gary Bogue DEP
Tom St Pierre SALEM
3/4" Threaded rod with
6%6% 1/2" plate, both sides,
connected with I/2 cable
Plate and Cable
as neededI/ Headwall Sump Headwall
Pump Jersey Barriers
17
Ii 1 111 I I 1 I I i
I 1 10,
I I 1 ► 1 1 ► ► I I t , I I
10 —RAMP 1 I PAVED' ► I ► �i ► SCALE ► ► I 110 I 1
I ► 1 I � I ► ► ► PAVED I RAMP ---* 10
I 1 ► I 1I I ► 1 ► ; j
Jersey Barriers
60' / 75' 60,
P LAN
I ' = 10 '
CONCRETE
HEADWALL
EL. 84.72
J.B (3'H x 10' U
it
RAMP 10 % 12„
I o aO
°
12° 3Thick x 10' L Pavement
SCALE 38„ 36 I oo«�po 3/4" Thr'd Rod STONE •
I• 30" I 6" x 6"x 1 /2" �$0 6" of 3/4" Stone
t o Steel Plate
- 6 Rebar at 12 OC 30"
Bata ways JERSEY BARRIER �
EL. 81.72
� J I
� L
L I ' to 3' Large Stone
and Fill
12
12° Min. )c
I' High x 2 Wide Concrete Beams
CONCRETE _ under first barrier only
FOOTING
SECTION
A
I = 1
--.
Pill
. 0 -
IBM
Y 2D RESTORE pRAI NA
y
Exist. Stream
Ji � uSE 3' Berra � .�!'
L.E H %01 RAMP BRIERS - — - -- )
S PA RSEY BA - J I nv 72 . 3 FILL LOW SPOT I ' TO 2 '
DCII Barrier scA�E JET - J � AND SLOPE TO NORTH
} P v. Sump -. y ,� MW-
RAMP
pR1�EA ' 40
eForeboy000I
C) ®' /
M - 2
A & H Auto Exchange
15 Robinson Road, .Salem , MA
Gv
� N TRUCK SCALE
MW-
® V/ ENGINEERING[P * TECHNOLOGY
PLAN29 Congress Street • Salem, MA 01970 • Telephone: (617)745-4569
®� I" = Z5' - DESIGN BY DRAWN BY -CHECKED BY DATE PROJECT N0. SHEET NO.
�/ BMP ETA 11.20.0 Iof
Law Office of
RECEIVED PATRICK J. DeIULIS
INSPECTIONAL SERVICES
31 Collins Street Terrace
2MO JUN 2 8 A 90 t b Lynn, Massachusetts 01902
Telephone(781) 595-8677
Facsimile(781) 593-7840
e-mail: pdeiulis n deiulisbrothers.com
June 14, 2010
Mr. Frederick Hutchinson
15 Robinson Road
Salem, Massachusetts 01970
RE. Work on Robinson Road in Violation
of Land Court Judgment
Dear Mr. Hutchinson: .
As you know,.I represent your neighbors Labutters, Carmine and Angelo Mongiello. In May, 2007,
following years of costly litigation to my clients that resulted from your actions with regard to
Robinson Road, an agreement was reached that was incorporated into the judgment entered by the
Land Court. I have enclosed a copy of the Judgment for your information. It is our position that you
are presently in violation of this Judgment and that the Mongiello's are entitled to seek injunctive relief
from the Land Court. The purpose of this letter is to attempt to avoid the necessity of further legal
action by coming to an agreement with respect to your present activities in and on Robinson Road.
Over the past decade you have raised the grade on your property to the point that it is now several feet
higher than the Mongiello's property. In significant rain events, of which there have been many, the
brook that runs between the properties and then through and under the Mongiello's property has
overtopped, flooding their property and the homes along Robinson Road. In an effort to mitigate the
flooding, the Mongiello's, again at great expense to themselves, filed plans with the Salem
Conservation Commission to install a filtration barrier and make improvements to the culvert where
the brook enters,their property.
Over the past year, without consulting with the Mongiello's and to our Imowledge without obtaining
any approvals from the City of Salem, you have raised the'grade on Robinson Road to the point that it
is at least one to two feet-higher than it was before. What the Mongiello's worked so hard to mitigate,
you have now simply pushed the runoff further downstream. More troubling, however, is the material
that you have used to build up the road. Our observations are that the material is reclaimed asphalt that
has not been properly compacted and that no topcoat has been installed. The result is that in even
moderate rain events the material washes out, some of it onto the Mongiello's property and into the
brook. Of greater concern, however, is significant quantity that washes down to and onto Swampscott
Road, creating a hazard for passing motorists.
Mr. Frederick Hutchinson
June 14, 2010
Page 2
I am hopeful that we can address this situation to the satisfaction of both parties. Please contact me
within seven (7) days of the date of this letter so we can arrange a meeting. If you are unwilling or we
are unable to come to a mutual understanding and agreement, the Mongiello's will be forced to seek
court intervention.
I look forward to hearing from you.
, ery truly yo r
.Vs,
Patrick DeIulis
Attorney for Carmine and Angelo Mongiello
Enclosure - Land Court Judgment
cc: Carmine & Angelo Mongiello w/ encl.
Elizabeth Renard, Esq., City of Salem Solicitor w/encl.
Thomas St. Pierre, City of Salem Building Inspector/Zoning Enforcement Officer w/encl.V/
David Knowlton, P.E., City of Salem Engineer w/ encl.
Salem Conservation Commission w/ encl.
GOP1G/GGG/ GJ:GG 1/61L000'JJL ViOU LHW urrll au ar
i
�i
COMMONWE.ALTH OF MASSACHUSETTS
SUFFOLK, ss. LAND COURT DEPARTMENT
Docket No06 MISC 330574
Consolidated with ESSEX
SUPERIOR COURT Docket.
NO.ESCV04-08701)
CARMINE MONGIELLO and
ANGELOMON,GIELLO ESSEX SOUTH REGISTRY DISTRICT
PLAINTIFFS JOHN L. O'BRiEN, JJR./KEGIIST/R`i OF DEEDS
V. DATE_
FREDRIC HUTCHINSON DBA A&H
AUTO EXCHANGE ANDA&H RECEIVED�O'CLOCK±M�
AUTO EXCHANGE, INC.,FREDRIC
HUTCHINSON, TRUSTEE OF FIFTEEN BK �' PG --
ROBINSON ROAD REALTY TRUST,
JANE CANNING, TRUSTEE OF
MOUNTAIN REALTY TRUST 6 ,k ION
DEFENDANTS .
11' P4y
CARMINE MONGIELLO and
ANGELO MONGIELLO
PLAINTIFFS
V.
f kiLefi3'IP A SI' CPv Y'iPY 01
THATT6-*
FREDRIC HUTCffDTSON DBA A&H r 'i fs r gut L,
AUTO EXCHANGE AND A&I3 ID CORRECT COPY OF TF+�
l i6T44 ON FILE IN AMY ()FFfCE
AUTO EXCHANGE, INC. AIM She Mit LEGAL CUSTCK)Y.
i DEFENDANTS A wMARIE J. BREUER
C0 RTS .
5cc��
Carmine Mongiello and Angelo Mongiello v. Fredric Hutchinson dba A&H, Auto
Exchange and A&H Auto Exchange,'Inc.,Essex Superior Court Civil Action No.
I=SCV04-0870D, said matter has been joined to this case by interdepartmental order.
1
JUDGMENT
This Judgment is entered as of this day of May 2007,binding FREDERICK
HUTCHINSON, individually, dba.A.&H Auto Exchange,as Trustee of Fifteen Robinson
Road Realty Trust, and as Trustee of Mountain Realty Trust (wherein Jane Canning has
resigned as Trustee and the beneficiaries have recently appointed Hutchinson—sec
attached appointment and acceptance attached hereto),,A &H Auto Exchange,Inc., a
Massachusetts corporation, all of 15 Robinson Road, Salem,MA including all their
agents,successors and assigns and CARMINE MONGIELLO, of 55 Eastman Avenue,
Swampscott,MA and ANGELO MONGIELLO, of 57 Prospect Street, Swampscott,MA.
The above persons and entities may be collectively referred to herein as the"Parties",
each having the authority and any and all required approvals to request the Cour[to enter
said Judgment.
RECITALS
WHEREAS, certain of the Parties all have interests in and to the real estate as shown,on
C 1, the plan entitled"Exhibit Plan of Land in Salenr, Na, Scale 1."=50', dated December 28,
(1) l3X
2004,Hancock Associates" as well as shown ohLand Court Plan 3635D,Partial
60
and Topographical Site Plan, November 24, 2004,Parsons and Faia air Mountain Realty
Trust Property, 15 Robinson Road,Salem, MA, Griffin Engineering,Preliminary
Subdivision Plan of Assessor's Map 6 Lot#13,March 30-01 attached hereto ("the
Plans") and incorporated herein, as follows:
2
UU/1V/ 4UUI OJ. UU 1(01400' "z P14J L"W urrl GJ THUG UY/Ul
1.Frederick Hutchinson, is the Trustee of Fifteen Robinson Road Realty Trust,under a
Dcclarakion of Trust dated October 8,2003 and filed with the Land Registration Office of
the Essex South District Registry of Deeds,which owns the real estate shown on the Plan
as a portion of"Robinson Road"(established as Lot AinLand Court Plan 3635D), by two
deeds (1) Cynthia Lee McArdle, et als to Frederick Hutchinson,Trustee of Fifteen
Robinson Road Realty Trust, filed with the Land Registration.Office of said Registry as
Document No. 455011 and(2)Muriel B. Little to Frederick Hutchinson, Trustee of
Fifteen Robinson Road Realty Trust, filed with the Land Registration Office of said
Registry as Document No. 455012,both as noted on Certificate of Title No. 78516; and
2. Frederick Hutchinson is Trustee of Mountain Realty Trust,under a Declaration of
Trust dated June 7, 1984 and recorded with said Registry in Book 7428, Page 95, as.
amended, and is the owner of the real estate shown as "Area=9.72 acres±"on the Plan,
by deed dated June 7, 1984 and recorded with said Registry in Book 7428, Page 100, also
known as 15 Robinson Road; and
3. Carmine Mond ell.o and Angelo Mon.gi.ello are the owners of the real estate, shown as
"Carmine &.Angelo Mongiello"on the Plan, by deed£corn Clinton A. Broderick and
Gertrude C.-Broderick recorded at Book 5475 Page 1.85, Essex County Registry of Deeds
and Certificate of Title No. 37654.
WHEREAS, the Parties are engaged in the following lawsuits: Mongiello v. Hutchinson,
et als,Essex Superior Court, Civil Action No.No. 04-0870.D and Mongiello v,
Hutchinson, et als,Land Court 06-MC. 330574 which have been consolidated in the
3
- . �
Land Court. Said litigation involving the determination of rights in Robinson Road as
such way is shown on the Plans.
WHEREAS, the Parties to this Judgment agree that it is in each of their best interests to.
resolve their disputes without further delay and the expense associated with litigation;
along with the Parties intention to exist and operate without interference from one
another so long as there is a reasonable use of their respecting land.
IT IS ORDERED
1. That Carmine Mongiello and Angelo Mongietto established by their title have
the right to pass and re-pass over Robinson Road, a registered easement, for all purposes
of which roadways can be used without limitation or interference, appurtenant to their
property as shown on the Plans without interference by any of the other Parties hereto;
2. That Fredrick Hutchinson as Trustee of Fifteen Robinson Road Realty Trust
and as Trustee of Mountain Realty Trust established by his title have the right to pass and
re-pass over Robinson Road, for all purposes of which roadways can be used without
limitation or interference, as shown on the Plans without interference by any of the other .
Parties'ilereto;
3. That Fredrick Hutchinson,Trustee as aforesaid, shall forthwith remove any and
all barriers and or materials presently existing on Robinson Road to ensure clear and
unobstructed use of the roadway and should Fredrick Hutchinson fail to remove any and
all barriers and or materials presently existing on Robinson Road then in said event upon
the sole and exclusive election of the Mongiellos as authorized by this judgment; the
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Mongiellos may go upon Robinson Road and remove said barriers without interference
from any and all of the Parties hereto.
4. That by this judgment a permanent injunction is issued prohibiting any of the
Parties herein from further encumbering, obstructing or making Robinson Road
-impassible and not able to be used by one another 4as this judgment has established.
5. That the Mongiellos and Fredrick Hutchinson, Trustee as aforesaid, only shall
beallowedto improved, .repair,widen;pave and or install utilities in Robinson Road,
with notice as set forth herein required to one another.. The Parties shall use their best
efforts to notify one another in writing at least twenty-one (21) days prior to commencing
work by mailing such notice by first class mail to 15 Robinson Road, Salem,MA 01970;
A
6. A breach of this Judgment will cause immediate and irreparable injury. The
Parties' remedies at law will be inadequate in the case of any such breach,which shall
entitle the non breaching party to injunctive relief. In the event that a Party is found to S 5A
have breached this Judgment by a Court, damages and reasonable attorney fees,are to be `R®R
awarded to the non-breaching party.
7. This Judgment is final and may be amended only (1)by the Court as
justice,and:equity requires or(2)by an agreement in venting signed by all of the Parties
and approved by the Court. This Judgment does not estop the parties from entering in to
an agreement to allow for the e*istence of the locked gate at the beginning of Robinson
Road and Swampscott Road,
8. This Judgment is binding upon and shall inure to the benefit of the Parties
hereto, their respective agents,representatives, assigns acid successors in interest.
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9. Each Party has cooperated in the draflIng and preparation of this
Judgment.
10.. This Judgment shall take effect immediately forthwith.
Ordere #ism day of May,2007:
Justice
14.
Pia l
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