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25 SABLE ROAD - BUILDING JACKET �s 7�-✓� �"�x���� � Lam. Commonwealth of Massachusetts City of Salem 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 !U0 M g -.- Return ford to Building Division for Certificate of Occupancy Permit B-14-772 PERMIT T O BUILD FEE PAID:: $8$880.00 DATE ISSUED: 4/14/2014 This certifies that PEABODY RA/STOP & SHOP AT: PAULA LEAVERTON, RE has permission to erect, alter, or demolish,a building ., ,164-REAR BOSTON STREET Map/Lot: 160374-0 as follows: Repair/Replace 745'14--MISC. METALSINSTALLED TO REPAIR EXISTING EXTERIOR COOLER BOXES (PRODUCE & MEAT).=I DISCONNECT/RECONNECT ELECTRICAL CIRCUITS & REFRIGERATION. SPRINKLER HEAD RELOCATION.. Contractor Name: JAMES E. HALLORAN III - mm DBA: Contractor License No: CS-072849 4/14/2014 ± Bulldi 10Nd1 Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request ` `;�, '' ^° .014 All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any`building and structures shall be in compliance with the local zoning by-lawand codes. T. 1q This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. P-1 - g , The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this:permit. ' n' HIC #: Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Restrictions: " Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Commonwealth of Massachusetts lcx a City of Salem a xy, 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595x5641 -�- Return card to Building Division for Certificate of Occupancy U. Structure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation Framing Mechanical , Insulation INSPECTION: d BY ,i DATE Chimney/Smoke Chamber Final Plumbing/Gas } Rough:Plumbing Rough:Gas X4 ft- a _ _ Final .. -' RTA Electrical t Service § r 9i- ''yam 'r �v w RoughEE ;- Final Fire Department - Preliminary Final Health Department . Preliminary Final vwr, CITY OF SALEM, MASSACHUSETTS 0 BUILDING DEPARTMENT 120 WASHINGTON STREET, 3' FLOOR s cin�a� TEL: 978-745-9595 KIMBERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Code Violation 164 R Boston Street January 28, 2014 Peabody RA/Stop & Shop Attn. Paula Leaverton, RE Tax Department 1385 Hancock Street Quincy, Massachusetts 02169 Ms. Leaverton, As a result of an inspection conducted by this office on Monday,January 27, 2014, it has been determined that you have structural failure to a single story cooler roof system at your property on 164 Rear Boston Street. It was noted that this structural failure occurred back in October of 2013; upon review the temporary shoring it has been deemed to be in violation of the Massachusetts State Code and corrections must be done immediately. Furthermore you are directed by this letter to file the appropriate applications for permit in our office at 120 Washington Street, 3" Floor at the earliest possible time for a permanent solution to the roof failure. A Registered Massachusetts Structural Engineers stamped drawing and Controlled Construction Affidavit is required upon submittal for application. You are hereby ordered to begin.to rectify these conditions immediately upon receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745- 9595, extension 5648. Respectfully" �G Michael E. Lutrzykowski Assistant Building Inspector Cc: file, Health Dept., Fire Prevention, % ��pNa1Tq r CITY OF SALEM, MASSACHUSETTSBOARD OF APPEAL I20CUAsluNci'ouSreiTrr � S.\Lt:al,\L�ss:�alu;i.rrsOl97D� hinna:Ri.t:v Daisroi,y fei.r;:978-715-9595 ♦ FAX:978-740-9846 r o i rn \[\VOR c") F_ December 5, 2013 ;'-4: rn D Decision City of Salem Board of Appeals N Petition of DAVID KAPLAN and RYAN McSHAY requesting a Special Permit under Section 3.1 Principal Uses of the Salem Zoning Ordinance to operate a general auto repair business on the property located at 164 BOSTON STREET (Industrial Zoning District). A public hearing on the above Petition was opened on November 20, 2013 pursuant to M.G.L Ch. 40A, § 11. "Che hearing was closed on that date with the following Salem Board of Appeals members present: Nis. Curran (Chair), Mr. Duffy, Mr. Watkins, and Nit. Tsitsinos. The Petitioner seeks a Special Permit under Section 3.1 Priutipal LI et of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped October 23, 2013, the Petitioner requested a Special Permit to operate a general auto repair business, at the property located at 164 Boston Street. 2. Mr. David Kaplan and hlr. Ryan McShay presented the petition for the property at 164 Boston Street (Industrial Zoning District). 3. Under Section 3.1, in an Industrial Zone "Motor vehicle light service" is allowed by-right while "Motor vehicle general and body repair" requires a special permit granted by the Board of Appeals. Section 10.0 of the "Loring Ordinance defines "Motor Vehicle Light Service" as "Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs." The definition for "Motor Vehicle General Repairs" is: "Premises for the servicing and repair of autos, but not to include fuel sales." 4. The property is currently used for light motor vehicle service. 5. The Petitioners stated that there will be no fuel sales or body repair work on the property, and that there will be no modifications to the exterior of the building. 6. Aside from the two parking spaces on the dedicated front entrance driveway, all vehicles will be parked and/or stored inside the building. 7. At the public hearing, Mr. Mike Shultz (I Fairmount Road, Peabody), a previous employer of the Petitioners, spoke in support of the character of the Petitioners and the excellence of their business. Councilor at targe Tom Furey (36 Dunlap Street) spoke in favor of the petition. Mr. Bob Broph}' asked about the traffic and parking impacts of the proposed business. Mr. Arsenio A'illarosa (166 Boston Street) asked about the parking and traffic impacts of the proposed business ou the adjacent driveway, and the anticipated noise levels. Che Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrative and plans, and the petitioner's prescnmtion and public testimony, makes the following findings that the proposed projccr mecrs the prm tsions of rhe Ciqof Salem Zoning ()](III i:mce City of Salem Board of Appeals December 5,2013 Project: 164 Boston Street Page 2 of 2 Findings: 1. 'I lie proposed change in use will not be substantially more detrimental than the existing nonconforming use to the neighborhood. ?. Community needs will be served by this new use. 3. There will likely be no impact on parking or loading in the area, as the parking is housed inside the building, and customers will use the front driveway and door. 4. Utilities and public services to the building are adequate. 5. There will be no changes to the exterior of the building. 6. The Petitioners have stated in their application materials that they strive to operate as a "green company" 7. It is a growing business, and will have a potentially positive fiscal impact on the city, the tax base, and the surrounding businesses. Ort the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in Favor (Ms. Curran — Chair, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to approve the Special Permit to allow motor vehicle general repair, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ?. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. A Certificate of Occupancy is to be obtained. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chair Board of Appeals .A COPY OB THIS DECISION I[AS BL.GN 1,11.1-0 \I('ITf[TML'. PLANNING BOARD AND TGIF.CHY CGf?Rlh Appeal from lhir deatiou, if ag ,ball be made portant to Section /7 of fhe dlatstJuueltt General Luer C1,41er 40.,1. and shall be filed wilbiu 20 days ol filing of lbir rleafim in the o�iee of lbe Cil) Clerk. Pursuant !o the Ata.,,achufelh General Uips Cbapler-10.-1, Section //, dx f'aname or Spea l Permit,,nutted hereat shall not take e(fed until a,op) q1 the dedizon heann Me terl!limte n%the Citi ( lent Ali been filed will, the Eoe,v Joutb Reg,i,rop of Umh-. y.,..,goNUIr�,go CITY OF SALEM, MASSACHUSETTS �3 J BOARD OF APPEAL 7 ` 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR 10 March 24, 2011 ti Decision City of Salem Zoning Board of Appeals Petition of EXPRESS AUTO BODY, INC, seeking a Special Permit to change one nonconforming use to another in order to convert the existing building located at 164-168 BOSTON ST, Salem, MA to an auto body shop (Industrial Zoning District). A public hearing on the above Petition was opened on December 15, 2010 pursuant to Mass General Law Ch. 40A, § 11. The hearing was continued to January 19, 2011, February 16, 2011, and March 16, 2011. The hearing was closed on March 16, 2011 with the following Zoning Board of Appeals members present: Rebecca Curran, Beth Debski, Richard Dionne, Bonnie Belair(alternate), and James Tsitsinos (alternate). Petitioner seeks a Special Permit pursuant to Section 3.3.2, Nonconforming Uses, of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney Peter Martino represented the petitioner, Carlos Farias, at the hearings. The property is owned by Robert CUCurnll, who authorized the petition. 2. During the hearings, Board members expressed concern about parking on the site. The Board requested a parking plan showing which spaces would be dedicated to each use on the site. 3. Also at the hearings, several members of the public spoke in opposition to the proposal, citing concerns about congestion, parking and fumes near a residential neighborhood. 4. At the March 16, 2011 hearing, Board members noted the requested information, a parking plan, had not been received; the applicant was not present; and a phone call and email to the applicant had not been returned. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: i 2 6 1. The petitioner did not attend the hearing on March 16, 2011 or respond to inquiries as to the status of the petition. 2• The petitioner did not demonstrate that the proposed change would not be substantially more detrimental then the existing nonconforming use to the neighborhood. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit to change the existing nonconforming use to another nonconforming use (auto body shop) is not granted. In consideration of the above, the Salem Board of Appeals voted, five (5) opposed (Curran, Debski, Dionne, Belair and Tsitsinos) and none (0) in favor, to grant petitioner's requests for a Special Permit. The petition is denied. Elizabeth Debskt, Salem Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS CI1 1 OF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE 5<� � 120 WASHINGTON STREET, 3RD FLOOR i - SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 .1001 JUL -2 P 1: 11 STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF JOHN JEFFERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 164 BOSTON STREET I A hearing on this petition was held June 25, 2003 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Dimensional Variances and an exception to the accessory structure limitation for the property located at 164 Boston Street located in an Industrial zone. The Variances, which have been requested, upon a finding Board that: a. Special conditions and circumstances exist which especially affect the land, building Or structure involved and which are not generally affecting other lands, buildings, and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners.. c. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of this district of the purpose of the Ordinance The Board of Appeal. after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner, John Jeffers operates a lumber and building supply business of the name on Boston Street. He seeks dimensional variances and an exception to the accessory structure limitation of Section 7-8(3) construct a 30 x 50 foot accessory storage building on the existing nonconforming lot. . 2. Attorney George Atkins of 59 Federal Street in Salem represented the petitioner. Accordin- to a survey submitted with the application, the proposed structure will be sited at the rear left corner of the lot at a distance of 10 feet from the property line that is also the City of Salem's border. Side yard setback requirement in the Industrial zone is 30 feet. The rear yard setback will also be 10 feet instead of 30 feet as required by the Ordinance I . DECISION OF THE PETITION OF JOHN JEFFERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 164 BOSTON STREET I page two 4. Section 7-8 (3) of the Ordinance limits the size of unattached accessory structures to 120 square feet or I% of the lot area. Mr. Jeffers is asking for a variance for the construction of the accessory building to enable his business to store an inventory of lumber and supplies. 5. There was no opposition to the proposed petition. On the basis of the above finding of fact, the evidence presented at the hearing,the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 3. Desirable relief can be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner shall obtain a Certificate of Occupancy. Variance Granted June 25, 2003 /J Nina Cohen, Chairmar� CO-) Board of Appeal `. - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CONSTRUCTION 12 PLEASANT STREET NEWBURYPORT, MA 01950 " ENGINEERING TEL. 978-465-2216 FAx 463-3522 SERVICES Quinn Brothers Inc. 239 Western Ave. Essex, MA 01929 Attention: John Coughlin August 12, 2002 Dear John: It is my understanding that I am no longer Structural Engineer of Record for the Peabody Glass project, 29 Howley Street, Peabody/Salem, MA. It is my further understanding that Peabody Glass has engaged another engineer to design a continuous footing foundation. Due to the presence of a peat layer below the proposed footing, as I have previously indicated, I have grave concerns about the capability of the peat layer to adequately support the building loads. Therefore, I take no responsibility and will accept no liability for any problems ensuing from this design,nor will I provide a final affidavit. Very truly yours, John S. O'Connell, P.E. cc: Jay Gregory Esq. Building Inspector City of Salem Augustine Merlina (Peabody Glass) " STRUCTURAL INVESTIGATIONS & DESIGN 0 SITE ENGINEERING O CONSTRUCTION COST ESTIMATES o CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 TEL.(978) 745-9595 FAx (978) 740-9846 STANLEY J. USOVICZ, JR. 101 MAR -S MAYOR P 2: 31 DECISION OF THE PETITION OF PEABODY GLASS & MIRROR REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 164 R BOSTON STREET/29 HOWLEY STREET I A hearing on this petition was held February 20, 2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Bonnie Belair and Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback to construct an addition to the existing building at 29Howley Street in Peabody, also known as 164 R Boston Street located in an Industrial District. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner desires to construct a 62' x 32 `addition to an existing business property located at 29 Howley Street in Peabody with a Salem address of 164R Boston Street. The existing brick building is nonconforming with respect to lot size, lot coverage, front yard setback and side yard setback. The proposed addition would increase the nonconformity in each of these areas. The requested side yard setback was to 6 ft of the Harmony Grove Road property line. 2. Petitioner states that he plans to continue to operate two existing businesses on that property; the Peabody Glass & Mirror business and a business call Allen Seat Cover. He further stated that he would not add additional businesses to the site. 3. Attorney John Keilty of 40 Lowell Street in Peabody represented the petitioner. y CITY Or SALEM. MA CLERK'S OFFICE DECISION OF THE PETITION OF PEABODY GLASS & MIRROR REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 164R BOSTON STREET I page two 2001 MAR -S P 2: 31 4. Petitioner stated that he received an Order of Conditions from the Salem Conservation Commission concerning the proposed addition, which was placed on the street side of the property in order to lessen the impact of the property on the North River. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship-to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection shall be obtained. 5. Petitioner shall obtain a building permit prior to beginning any construction. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Conservation Board. 9. Petitioner to install and maintain a 4 foot black metal fence around the perimeter of the property along Harmony Grove Ave. as he agreed. VARIANCE GRANTED Nina Cohen, Chairman ��i� - 4, 1 CITY OF SALEM, MA CLERK'S OFFICE A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Z60Z MAR -5 P B 31 Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal r � = COMMONWEl LT'iOc X&_SSAICF?JSETTS -- - _ EXECUTIVE OFFICE OF ENVIRONIIIENTALAFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT Governor BOB DURAND Secretary LAUREN A.LISS Jtil 2812 Commissioner The Stop and Shop Supermarket Company Re: Peabody/ alem—9 Howley Street 1385 Hancock Street RTN 3-331 Quincy, MA.02169 Respons Attn: Mr. James Sylvia Activity and Use Limitation RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. James Sylvia: On January 27, 1999, the Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998, the Legislature enacted the `Brownfields Act' which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan (MCP). The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/dei)/bwsc/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one This Information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 r TTD#(978)661-7679 0 Printed on Recycled Paper Peabody/Salam,R N 3-3:19 2 occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has not identified any errors in the AUL Notice Instrument that require correction. In order to ensure that the public is aware of the restrictions that the AUL imposes at the site, the Department may issue a public notice identifying the site and the location of the AUL at the Registry of Deeds. Such notice may be published in a local newspaper and/or on the Internet. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Charles A. Lindberg, LSP #6891, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review. conducted by the Department on_the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past,.current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department retains authority to take or arrange, or to require any Responsible Party or Potentially Peabodly,fsa'e-n,RTiv 3-3319 3 Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the Department deems necessary to protect health, safety,public welfare, or the environment. Sinc ely, � bov6lL Patricia M. Donahue Chief, Audit Section Bureau of Waste Site Cleanup Filename: ED P:\ALTL Letters\scnof3-3319.doc Scnoafv6_105_31_01] cc: Peabody Mayor's Office, Salem Mayor's Office Peabody Board of Health, Salem Health Department Peabody/Salem Zoning Code Enforcement Official Peabody/Salem Building Inspector Charles A. Lindberg, LSF-of-Record (LSP #6891), GZA GeoEnvironmental, Inc., One Edgewater Drive,Norwood,MA 02062 Thomas M. Potter, Audit Coordinator,DEP-Boston NERO/Data Entry/RAO/TSAUD GZA Engineers and GeoEnvironmental, Inc. sdenti , February 4, 1999 File No. 13172.50-C,PC Mayor's Office Zoning Official Salem City Hall Salem City Hall 93 Washington Street One Salem Green Salem, Massachusetts 01970 Salem,Massachusetts 01970 G� Board of Health Building Code Enforcement Official 9 North Street Salem City Hall Salem,Massachusetts 01970 One Salem Green Salem, Massachusetts 01970 Re: Notice of Activity and Use Limitation 320 Needham Street Former Mill Properties Site Newton Upper Falls Massachusetts Salem/Peabody, Massachusetts 02464-1594 DEP Site No. 3-3319 617-969-0050 FAX 617-965-7769 Dear Sir/Madam: http://www:gza.net On behalf of The Stop&Shop Supermarket Company,GZA GeoEnvironmental, Inc. (GZA) is notifying you regarding the filing of a Notice of Activity and Use Limitation (AUL) for the Former Mill Properties Site (also referred to as the former Tannery Site) in Salem/Peabody. A copy of the Notice of AUL is attached. The Notice was recorded in the Essex South District Registry of Deeds on January 25, 1999. This submittal is provided in accordance with 310 CMR 40.1403(7)(a). Very truly yours, GZA GEOEN�VIRONMENTAL, INC. Charles A.Lindberg,LSP Principal A Subsidiary of GZA CAL:bso GeoEnvironmental Technologies,Inc. Attachment cc: DEP NERO G:\13172.ZS I\13172-50.RMK\CORRESP\Zs 150116.doe An Hynal Opportunity Employer M/FNHi ` Massachusetts Department of Environmental Protection BWSC-113 Bureau of Waste Site Cleanup Release Trad*V Number ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM 3319 Pursuant to 310 CMR 40.1056 and 40.1070-40.1084(Subpart J) A. LOCATION OF DISPOSAL Sm:AND PROPERTY SUBJECT TO AUL: Disposal!Ste Name: Former Mill Properties Street: 9 Howley Street LoationAld: CltyrTown: Peabody ZIP Code: 01960 Address of property subtest to AUL,d differenithan above. Street CWTown: ZIP Code: Check here Qthts DLsis"Sita Is Tier CtasslRed. Htlne dapael Site subleet io the AUL Is also rAfeet to s Tier 1 Paffo povide tine Perth Number. 'Related Release Traetdng Numbers affected by this AUL - '• B. THIS FORM IS BEING USED TO: (checkone) FX Submit a acetified copy ata Notice of Activity and Use L.krdtation,pursuant to 310 CMR 40.1074(complete all sections of thts form). Submit a certified copy of on Amended Notice otAct tity and Use Lhnhatlon,pursuant to 310 CMR 40.1081(4) (complete d sections of this form). Q submit a carred copy of a Teminauon of a Notice of Activity and Use L4Nfatlon,pswArd to 310 CMR 40.10113($) (complete at sections of Of form). . Sdxrd a ee00ed copy of a Grard of Emirm mentai Reatrktfon,p swakkt to 310 CMR 40.1071,(complete all seksiorus of this form). SWxrit a ce08ed copy of an Amednent of Environmental Redrtellon,pursuant to 310 CMR 40.1081('3)1canp101e aft sections olthls form). O submit a entified copy of a Release of EnArommentaf ResttieUon,pursued to 310 CMR 40.10830(compete d sections of this form). you mad attach an supporting doca nentafion for the use of form 4dicsited.Including copies of any Legal Notices and Notices to public Gfgdale required by 310 CMR 40.1400. C. AUL INFORMATION: Date AUL was recorded andlar registered with Registry of Deeds arndlor Land Registration Office: �Caf1 U.[tV�A` L i- Name d Reglsby of Oecds and/or lard Reglstratbn Office where AULwas recorded erd/or regleteed: fh � L6�L✓i Snuff Book and Page Number and/or Document Number of recorded andlar registered AUL i% i 9U 24o- 3_45 ' n 4y IM.PN D. PERSON SUBMITTING AUL TRANSMITTAL FORM: Name ofOrgantzation: Stop & Shop Supermarket Company Nam ofcontact: James Sylvia Title: Real Estate Manager Street 1385 Hancock Street CWTown: Quincy State: MA ZIPCode: 0916 Telma: 617-790-8626 Blz FAX(optional) E. OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: Provide a maLOng address for the owner of the property Ifthat person is not submitting the AUL Tranamittal Farm. Provide addresses for additional owners on an attYdunent. Name oforgaNratwr: WJG Realty Trust successor by merger to BenSot Realty Trn Nam of Contact Richard Picariello Title: Trustee Street c/o 1385 Hancock Street Cityyr wn: Quincy State: MA ZIP Code: 02169 Telephone: 617-770=8810 Eos.: FAX(oplonal) Pepe Revised SAM Do Not Alter This Form Massachusetts Department of Environmental:Protection BWSC-143 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release rran*kgNrrrwe Pursuant to 310 CMR 40.1056 and 40.1070-40.1084(Subpart J) a ' 3319 F. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (checkone) RP or PRP Speck.. Q Owner O Operator O Generator O TnrNWW Other RP or PRP: Fiductmy,SearedWWa or MwWpaltly wkh EommM Stains(es defined by M.GL e.21E,e.2) Agaay orPuM is Uttltly on a Ripld o1 Way(es defined by M.G.L.e.21 E,s.6Q)) QX Arty OtherPensonSubaNNAUL SpedyRektlonship: Successor Tenant G. CERTIFICATION OF PERSON SUBM ITTING AUL TRANSMITTAL FORM: I, James SSly is attest under Vne pains and penalties of pe"(0#W I have personally ammkned and am fain iiar wiUn the nrartnaiion axtauww F w to, ung any and ad doaanMs aocomperMng this twunItW fwM(1)Viet,based on my inquiry of Umse tWivivals knanediatey responsible for ohtakft the inforw aVa4 Vie rrmlerW Inforrnaft contained In Qtr eubn W I6,to Vie beat of. nW lmosaedge and betlel,true,accurate and complete,and(Il)VW 1 am 11*aWiorlaed to maim Vds attestation an be1Wf of V a ally kg* responsible 11or Oft subrntft We afty an whose behaff but ed to possible Mas and trperson pion need,for witifutly s l v false,inaccurate,wAxnbd Is nude or otwomnpleteektan aftL BY., Tft Real Estate Manager ( ure p ForJames Sylvia Oates 1 f I I Q 1 (pit name of person or emtly recorded in Secdon D) - Enter address of person provid'mg certification,V different from address recorded In Section D: Street .. . . . Clyrfawn: State: LP Code: Telephone: Fid.: FAX(cpfi r4 YOU'MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM ORIDEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED•ZED FOR MISSING A REQUIRED DEADLINE,AND YOU MAY INCUR ADDITIONAL COMPLIANCE FEES. 1110 .. Revised 5/SM Do Not Alter This Form Page Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS ANDIOR LAND REGISTRATION OFFICE. A LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Na me: Former Mill Properties Street: 9 Howley Street Location Aid: Cityrfown: Peabody ZIP Code: 01 960 Address of property subject to AUL,if different than above. Street: Cityn'oxm: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) O Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuard to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and!)se Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of G)the standard of care in 309 CMR 4.02(1), it the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > it Section 8 indicates that a Notice of Activity and Use Umitadon is being registered and/or recorded,the Acavity and Use Limitation that is the subject of this submittal(t)is being provided in accordance with the applicable provisions of M.G.L.e.21 E and 310 CMR 40.0000 and n complies with 310 CMR 40.1074(1)(b); > if Section 8 indicates that an Amended Notice of Activity and Use Umitation is being registered and/or recorded,the Activity and Use Umilation that Is the subject of this submittal()is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.00DO and @Q complies with 310 CMR 40.1080(1)and 40.1081(1); > X Section 8 indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083(3)(a); > if Section 8 indicates that a Grant of Environmental Restriction is being registered and(orrecorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and 1fcomplies with 310 CMR 40.1071(1)(b); > if Section 8 indicates that an Amendment to a Grant of Environmental Restriction is being registered andror recorded,the Activity and Use Limitation that is the subject of this submittal(1)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ti)complies with 310 CMR 40.1060(1)and 40.1081(1); > if Secoon 8 indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Urnitalion that is the subject of this submittal(I)is being provided in accordance with the applicable provisions of M.G.L c.21 E end 310 CMR 40.0000 and (it)complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to.possible fines and Imprisonment.If I submit information which I know to be false,inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based,9 any,are(were)subject to any order(s).pelher(eola�w app�l(s) Issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicableprovisions SECTION C IS CONTINUED ON THE NEXT PAGE. Page Revised S/MS Do Not Alter This Form Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number❑ Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 3 - 3319 C. LSP OPINION: (continued) as LSP Name: Charles A. Lindberg LSPO: fiR91 Stamp: "oytNGs IS Telephone: 617-630-6233 ESL: CHARLES ' FAX 617-965-7769 A. LINDBERG w LSP Signature: Date: YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 518/95 06 Not Alter This Form Page 1 of Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 2113, §6 and 310 CMR 40.0000 Disposal Site Name: Former Mill Properties DEP Release Tracking No(s): 3-3319 This Notice of Activity and Use Limitation ("Notice") is made as of the� of January, 1999, by WILLIAM J. GRIZE, BRIAN W. HOTAREK, PETER M. PHILLIPES, RICHARD J. PICARIELLO,and MARC E.SMITH,TRUSTEES OF WJG REALTY TRUST,under declaration of trust dated as of May 14, 1997,recorded with the Essex South Registry of Deeds ("Deeds") in Book 15336, Page 39, successor by merger to BENSOL REALTY TRUST, under declaration of trust dated December 30, 1993,recorded with said Deeds in Book 12349,Page 575,with an address of c/o The Stop& Shop Supermarket Company, 1385 Hancock Street, Quincy, Massachusetts, together with their successors and assigns,(collectively,the"Owner's. WITNESSETH: WHEREAS,WJG Realty Trust,successor by merger to BenSol Realty Trust,Quincy,is the owner(s) in fee simple of that certain parcel(s) of land located in Salem and Peabody, Essex County, Massachusetts, with the buildings and improvements thereon,("Property"). WHEREAS, said parcel of land which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on the enclosed survey plan prepared by Vanesse Hangen and Brustilin, Inc. dated-4L%vf^y �. and recorded in the Essex South Registry of Deeds with this Notice of Activity and Use Limitation. In the event that there is a discrepancy between the survey plan and the sketch plan included as Exhibit B, the survey plan shall preside; WHEREAS, the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site(to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof;and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR 40.0000("MCP'). Said' response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the resil-Oon of certain activities occurring in, on, through, over or under the Property. The basis for such restrictions are set forth in an Activity and Use Limitation Opinion ("AUL Opinion"),dated January 2& 1999,(which is attached hereto as Exhibit C and trade a part hereof); NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1.Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health,safety,public welfare or the environment remains for any foreseeable period of time(pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Site: Return to: SHERINANDLODO M Page 1 100SUMMERST. BOSTON,MASS.02110 i. Activities and uses consistent with commercial, industrial or retail use, including but not limited to use as a shopping center, mall, office, warehouse or for manufacturing ,parking lots,routine landscaping and/or other activities and uses which do not involve the disturbance of soil designated as the hotspot unless the hotspot soils are either removed from the site or covered with landscaping,pavement,or buildings; ii. Activities and uses which are not prohibited by this Notice of AUL;and iii. Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety,public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation,and which,if implemented at the Property,may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard,are as follows: i. Use of the Property as a residence,children's school,outdoor playground,outdoor children's recreation area or other such use where a child is likely to be in direct contact with soil on a regular basis; ii. Use of the Site for growing fruits or vegetables for human consumption; iii. Disturbance of the subsurface soil area designated as the hotspot during construction activities without either removing or disposing of said soils off-site or covering the soils with landscaping, pavement or buildings. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: i. If the subsurface soil area designated as the hotspot is disturbed during construction activities, these soils must either be removed and disposed of off-site or covered with landscaping, pavement or buildings. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et. sea.. as to whether the proposed changes will invalidate the conclusion that no substantial hazards remain. Any.and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. 11re activities,cues and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP Page 2 in accordance with 310 CMR 40.1080 et. sea., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et. sea.. the owner or operator of the Property subject to this Notice at the time that the activities,cues and/or exposures change,shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds,easements,mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies)of Deeds and/or Land Registration Office(s). Page 3 WITNESS the execution hereof under seal this (Li day of o, 19�f Owner: ATTEST: WJG REALTY TRUST, UCCESSOR BY MERGER TO BEN SO ALTY T Michelle R. Boudreau R' ,E Public �By: FM�mis$lOtt Eores Aafl ?7,2003 ACKNOWLEDGMENT COMMONWEALTH OF MASSACHUSETTS County of 1S or/ 199(Y On this day,before me,personally appeared—&# who being by me duly sworn,did say that he is Tc kb�2 of WJG Realty Trust,successor by merger to BenSol Realty Trust that heerpermien by authority ef its Beard 89POF88t8 e k-Rav0s the ran" of said earpeFatieft,and that the Afe._id i__-inent vim signed wtd '.6 and said-Q,, e acknowledged said instrument to be his free act and deed and the free act and deed of said cteratiea.TaV , otary Public y Commission Expires: The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his/her Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: I C ldta�� Q/4 OF�\ LSP y �?ARLEE G �F m� [LSP SEAL] a.LINDBERG y� N0. 6891 COMMONWEALTH OF MASSACHUSETTSAgulail A4 ss Then personally appeared the ave nam Cb A� t.ozS�Q nd acknowledged dte foregoing to be free act and deed before me, At Me 4AiAL Notary Public z o[�a00t� My Commission Expires: © / Upon recording,return to: (Name and Address of Owner) 0113I72.zsl\13172-50.RMK\\RREPORTS\Al1UZS150FRM.DOC Page 4 EXHIBIT A This is to Certify that WJG REALTY TRUST,SUCCESSOR BY MERGER TO BENSOL REALTY TRUST,a corporation organized under the laws of the Commonwealth of Massachusetts, having an usual place of business in Quincy,Massachusetts, is the record owner in fee simple of that certain parcel of land situated in Peabody and Salem, in the County of Essex(South)and Commonwealth of Massachusetts,bounded and described as follows: Beginning at a point at the southwest comer of said parcel or the northeasterly intersection of Howley and Main Streets; thence N 18°46' 03" E A distance of five hundred forty-nine and eighty-four hundredths feet(549.84')to a point,the last course by the sideline of Howley Street;thence S 70" 17' 39"E A distance of four hundred thirty-six and fifty-six hundredths feet(436.56')to a point, the last course along land now or formerly Massachusetts Bay Transportation Authority; thence S 310 44" 39" E A distance of eighteen feet and no hundredths feet(18.00')to a point;thence S 700 17' 39" E A distance of three hundred fifty-two and two hundredths feet(352.02')to a point; thence N 860 56' 43" E A distance of twenty-eight and ninety-nine hundredths feet(28.99')to a point;the last three(3)courses now or formerly Guilford Transportation Industries;thence S 700 17' 39"E A distance of two hundred thirty and no hundredths feet(230.00')feet to a point,the last course along land now or formerly Massachusetts Bay Transportation Authority; thence S 190 42' 21" W A distance of thirty-eight and thirty-nine hundredths feet(38.39')to a point,the last course by land now or formerly Thomas L.&Judith A.Niswander,thence N 870 50' 59"W A distance of one hundred fifty and seventy-nine hundredths feet(150.79')to a point; thence S 260 55' 09" W A distance of eighteen and eighty-one hundredths feet(18.81')to a point,the last two (2) courses by land now or formerly Thirty Silver Condominium Trust and now or formerly Lisa M.Krogulski;thence N 69°20' 22"W A distance of one hundred thirty-three and three hundredths feet{133.03')to a point; thence S 34037122"W A distance of sixty-five and no hundredths feet(65.00')to a point,the last two(2) courses by land now or forme rly.MarkA.8c Steven P.Bng;thence S 15'20' 14"W A distance of one hundred nineteen and thirty-seven hundredths fed(119.37')to a point,the last course by land now or formerly Joe&Maria George;thence N 84° 17' 34" W A distance of seventy-six and forty hundredths feet(76.40')to a point, the last course by land now or formerly Benjamin A.&Alvira Drebit;thence N 120 16' 50" E A distance of two and seventy-one hundredths feet(2.71')to a point;thence N 770 10' 25" W A distance of forty-one and seventy-eight hundredths feet(41.78')to a point;thence S I V 36' 29" W A distance of thirty-nine and eleven hundredths feet(39.11')to a point; the last three (3)courses by land now or formerly Guy M. Discipio;thence N 700 45'39"W A distance of two hundred twenty-one and five hundredths feet(221.05')to a point;the last course along land now or formerly John C.Jeffers;thence N 670 32' 10"W A distance of sixty-seven and six hundredths feet(67.06')to a point;thence N 670 48' 34" W A distance of one hundred two and ninety-one hundredths feet(102.91')to a concrete bound;thence N 480 23' 50" W A distance of forty-two and nineteen hundredths feet(42.19')to a point;thence N 570 08' 42" W A distance of sixty-three and eighty hundredths feet(63.80')to a point;thence S 480 41' 47"W A distance of one hundred fifteen and ninety-four hundredths feet(115.94')to a point; thence S 150 12' 41" W A distance of one hundred seventeen and seventy-nine hundredths feet(117.79')to a point,the last six(6)courses by lands belonging to the City of Peabody,and designated as"Olde South Burying Ground";thence N 730 54' 12"W A distance of nineteen and forty-nine hundredths feet(19.49')to a point;thence N 840 37' 22"W A distance of ninety-seven and sixty-eight hundredths feet(97.68')by the sideline of Main Street,to the point of beginning. The above described parcel in Peabody and Salem,Massachusetts contains 248,283 S.F.or 5.677 acres. For Grantor's title see deeds recorded with Essex South Registry of Deeds in Book 12389, Page 380;Book 12445,Page 484;Book 13607,Page 258;Book 14344,Page 559;Book 14545,Page 582. G:\13172.ZS It13172-50.RMICutMR1S%AUL1ZU 50IXAAoc 0 0 G \ a o E 5 --------------1 vie. — Izz 1 SUPERMARKET ? a i FFE•12.8ARS .OP EA .11tEAE C 1 � i u : 1 / \ W W w W0 D dN uUai Pa 1 i Ri 1 0 O o W Ld Ix e s NOTES: LEGEND: JOB NO. 1. BASE MAP DEVELOPED FROM CADD EKES PROVIDED BY VANASSE —_ SRE BOUNDV9Y • HANGER BRUSTUN. INC. ENTREED 'GRADING AND DRAINAGE -- Lg17Z.5O ,5 PUN, SUPER STOP k SHOP, PEABODY/SAUBA. MASSACNUSErTS. 'DATED 12/17/97, ORIGINAL SCALE 1•-AO'. ELEVATIONS REFERENCED TO NATIONAL GEODEDC VERRCRL DATUM (NCVD). FIGURE 1 C • O,M 01/30/1999, IYZS]I 1 I9Sf4:Y,PI-SI30w1, •C9:Z91Ni]1.W ME:Z915CiN 0i EXHIBIT C ACTIVITY AND USE LIMITATION OPINION Introduction This Activity and Use Limitation (AUL) Opinion, dated January _Q, 1999, has been prepared in fulfillment of the requirements of the 310 CMR 40.1074(1)(b) for the Former Mill Properties site located at 9 Howley Street in Peabody, Massachusetts (RTN 3-3319), and is submitted to the Department as part of Form 1075, Notice of Activity and Use Limitation-Exhibit C. The property is located on approximately 5.9 acres of land located at 9, 19, and 19R Howley Street in Peabody Massachusetts and 160 and 164 Boston Street, in Salem, Massachusetts. This Activity and Use Limitation Opinion is applicable to the Property as defined in the Notice of AUL. Site History/Nature of Release Historically, the property was occupied by Larrabee and Hingston (manufacturers of wooden tanning dnims and wooden tanks),.the Jeffers Lumber Mill and the remains of the Flynn Tannery. The property has recently undergone redevelopment into a supermarket. J In August 1998, an MCP Method 2 human health risk characterization with a Method 3 (site-specific) ecological risk screening was submitted to DEP to comply with MCP schedules for completion of the Phase R report. However, the risk assessments were prepared using data collected prior to the excavation, construction, and Release Abatement Measure (RAM) activities. The Method 3 human health risk characterization submitted with this AUL incorporates the confirmatory data collected following the construction and RAM activities conducted at the site. The primary constituents identified included polycyclic aromatic hydrocarbons (PAHs), petroleum hydrocarbons (PHCs), arsenic and lead (in soil), and PHCs and petroleum- related VOCs (in groundwater). Chlorinated VOCs, PCBs, pesticides and several metals appeared sporadically on the site. It was concluded that some of the contaminants may be related to the historical uses of the Site for lumber milling, tanning, and wooden product manufacturing, or to former underground storage tanks (USTs). However, the general distribution of contaminants at the Site is typical of sites where urban fill has been placed. Reasons for Activity and Use Limitation To evaluate the risk of harm to health, safety,public welfare, and the environment posed by the presence of OHM at the site, GZA Geo Environmental, Inc. (GZA) conducted a Method 3 Risk Characterization. . Exhibit C-1 As indicated in the MCP (310 CMR 40.0923 (3) (b)), specific Site activities and uses which would be reasonably foreseeable may be eliminated from further consideration in the risk characterization through the implementation of AULs. GZA conducted the Method 3 Risk Characterization assuming some restrictions on future activities and uses. In other words, we used an AUL to limit certain activities which would otherwise be evaluated as reasonably foreseeable under the MCP. Specifically, we assumed that residential use, agricultural use, and use of the site for purposes where children are likely to be present (e.g. a daycare, playground, outdoor children's recreation area) on a regular basis is prohibited. In addition we assumed that if the Site is re-developed in the future, the subsurface soil area currently designated as the hotspot would either be removed from the site or will be covered with landscaping, pavement, or a building. Based on these assumptions,the following human receptors and exposure pathways were evaluated as part of the human health risk characterization: • dermal contact with and incidental ingestion of soil for a site employee, construction worker, local residenthrespasser (short-term) and local resident/trespasser (long- term); • dermal contact with groundwater by construction workers; • inhalation of vapors for site employee;and • inhalation of fugitive dust for construction workers, local resident/trespasser (short- term)and local resident/trespasser(long-term). Since the AUL requires that the subsurface hotspot either be removed or be covered by landscaping, pavement, or buildings if construction occurs atthe site, long-term trespassers and site employees were not assumed to contact hotspot soils. Results of the human health component of the Method 3 Risk Characterization indicated that the Cumulative Noncancer and Cancer Risk estimates for the human receptors identified above do not exceed the Massachusetts DEP Cumulative Noncancer and Cancer Risk Limits of 1.0 and 1 X 10'5,respectively. Therefore,a condition of No Significant Risk of harm to human health has been achieved at the site with the implementation of AULs. Results of the public welfare, environmental, and safety risk characterizations also indicate that a level of No Significant Risk has been achieved at the site. 1.Permitted Activities and Uses Set Forth in the AUL Opinion The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment remains for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: i. Activities and uses consistent with commercial, industrial or retail use, including but not limited to use as a shopping center,mall,office;"warehouse or for manufacturing, parking lots,routine landscaping and/or other activities and uses which do not involve Exhibit G•2 o , the disturbance of soil designated as the hotspot unless the hotspot soils are either removed from the site or covered with landscaping,pavement, or buildings; ii. Activities and uses which are not prohibited by this Notice of AUL; and iii. Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and uses which are inconsistent with the AUL Oninion Activities and uses which are inconsistent with the objectives of.this Notice of Activity and Use Limitation, and which, if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: i. Use of the Property as a residence, children's school, outdoor playground, outdoor children's recreation area or other such use where a child is likely to be in direct contact with soil on a regular basis; ii. Use of the Site for growing fruits or vegetables for human consumption; and iii. Disturbance of the subsurface soil area designated as the hotspot during construction activities without either removing or disposing of said soils off-site or covering the soils with landscaping,pavement or buildings at the completion of construction. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: i. If the subsurface soil area designated as the hotspot is disturbed during construction activities,these soils must either be removed and disposed of off-site or covered with landscaping,pavement or buildings. 61131727SIU3172-SORMKIRFPORTSMULVs150AULdoe Exhibit C-3 r `µ ` CONSTRUCTION 3 DECEMBER 1998 MR.KEVIN GOGGIN CITY OF SLAEM BUILDING DEPARTMENT SALEM,MA RE: SUPER STOP&SHOP PEABODY/SALEM DEAR KEVIN, IN REFERENCE TO THE ABOVE AND OUR ON SITE MEETING ON MONDAY NOVEMBER 30'",PLEASE FIND LISTED BELOW THE TOTAL ADDITIONAL CHANGE ORDER AMOUNT AND THE AMOUNT DUE TO THE CITY. CHANGE ORDER AMOUNT $ 1,316,738.00 FEE Q$6.00/1000 $ 7,900.44 AMOUNT DUE TO THE CITY OF SALEM PLEASE FIND ATTACHED,CHECK IN THE ORDER OF THIS AMOUNT. AS ALWAYS,YOUR HELP AND COOPERATION IN THIS MATTER IS GREATLY APPRECIATED. SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION,PLEASE DO NOT HESITATE TO CONTACT ME. F ELY; N CONSTVNCORP.L D.BENPROJECT MANA CC: S.STAFFORD/PCC P.CARTER/PCC FILE 4565 'SSVN'N3lVS JO Allo 03AI3038 8G, WG OS g 6 030 •ld30 Owa011n® Payton Construction Corporation■ 273 Summer Street■Boston, Massachusetts 02210■ (617)423-9035■ FAX(617)423-0975 C O N S T R U C T I O N 3 DECEMBER 1998 MR.KEVIN GOGGIN CITY OF SLAEM BUILDING DEPARTMENT SALEM,MA RE: SUPER STOP&SHOP PEABODY/SALEM DEAR KEVIN, IN REFERENCE TO THE ABOVE AND OUR ON SITE MEETING ON MONDAY NOVEMBER 30'",PLEASE FIND LISTED BELOW THE TOTAL ADDITIONAL CHANGE ORDER AMOUNT AND THE AMOUNT DUE TO THE CITY. CHANGE ORDER AMOUNT $ 1,316,738.00 FEE @$6.00/1000 $ 7,900.44 AMOUNT DUE TO THE CITY OF SALEM PLEASE FIND ATTACHED,CHECK IN THE ORDER OF THIS AMOUNT. AS ALWAYS,YOUR HELP AND COOPERATION IN THIS MATTER IS GREATLY APPRECIATED. SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE DO NOT HESITATE TO CONTACT ME. P ELY; N CONSTVNCORP.LL D.BENPROJECT MANA CC: S.STAFFORD/PCC P.CARTER/PCC FILE 4569 'SSVN'kl3lVS 30 Alla 43AI333N 96& WV OS g 6 330 'ld3a a�maiina Payton Construction Corporations 273 Summer Streets Boston, Massachusetts 02210■ (617)423-9035■ FAX(617)423-0975 Clll VECEIAED"VZ SEC a 9 20 V,1 ,a8 OATS NVOICE AMOUNT ■ Pa.0zon 611092 CONSTRUCTION 25-80 P yton Construction Corporation 73 Summer Sir t oston, Massa u 02210 f/ 440 PAY �fJ/ AMOUNT [ DOLLARS DATEI GROSS CHOCK PAID TO AMOUNT PAYMENT DESCRIPTION DISC. NET AMOUNT TZ B MERRILL LYNCH•WORKING CAPITAL MANAGEMENT ACCOUNT + BANK ONE.COLUMBUS,N.A.•COLUMBUS,OHIO 43271 A1' VF6 1 109 Zit' 1:0440008041: 04080 i8 3 2 2 2411' SSVH'W3lbS d0 A110 03AI333li E6. Wtl os 8 6 a3p .?93G Be, 0? s 03VI3339 Z2AW,W3JAZ 10 YT13 t. . Zero Campanella Drive Braintree, Massachusetts 02184 Telephone: 617.848-0020 OUR NEW Fax:617-849-7759 AREA CODE IS (781) Engineers and Architects BRADFORD SAIVETZ + ASSOCIATES, INC. December 3, 1998 Mr. Scott Haley Stop & Shop, Inc. P.O. Box 1942 Boston, MA. 02105 RE: Stop & Shop#005 Peabody/Salem, MA. Dear Scott, We are writing you to clarify the "emergency"address for the above referenced project. During our walk-thru today with the Building Inspector and the Fire Marshall it was noted that the "emergency"address shall be "9 Howley Street, Peabody". This is keyed into the fire alarm box#4184 located at the front left of the building. Please transmit this information to Patriot Alarm(and anyone else that should know) as all emergency vehicles will have to be sent to that address. The legal address of"Boston Road -Rear"will not be effective when it comes to sending fire trucks or ambulances to the building in the event of an emergency. If you have any further questions with regard to this matter please do not hesitate to call. Sincerely, Br rd Saivetz+ Associates I Joseph G. Mello Jr. Cc:-MrsKeviri-Goggin- City-of Salem Building-Inspector_(978)744--5918° Mr. Ralph Gandolfo - City of Peabody Building Inspector (978) 531-9908 Mr. Russell Benassi- Payton Construction, Inc. (617) 423-0975 Mr. Jim Sylvia- Stop & Shop, Inc. (617) 770-6222 � o y co CO Sent Via Fax and Mail '< C C,m v rrn m C7 a v n a � co CO co Members: American Society of Civil Engineers, American Institute of Architects � s _ a L S N CITY OF SALEM PLANNING BOARD n= b IN RE: APPLICATION OF THE STOP & SHOP SUPERMARKET COMPAN-rA4 JOHN C. JEFFERS FOR A SPECIAL PERMIT UNDER SECTION 7-15 OF THE ZONING ORDINANCE OF THE CITY OF SALEM This Decision is rendered upon an application for a Special Permit for a Planned Unit Development (the "PUD") pursuant to Section 7-15 of the Zoning Ordinance of the City of Salem (the "Ordinance"). The application was submitted on April 15, 1994, by The Stop & Shop Supermarket Company and John C. Jeffers, (collectively the "Applicant") together with a site plan entitled "Proposed Supermarket Peabody & Salem, Mass.," dated-June 15, 1993 and revised April 20, 1994, Prepared For Stop & Shop Supermarket, by Eastern Land Survey Assoc., Inc. (the "Plan"). The proposed PUD would create a mixture of uses on the Site including a retail supermarket, a lumber yard/mill and residential dwellings. The Board, within seven (7) days after receipt of the application, transmitted a copy of the application and the plan to the Inspector of Buildings, the City Engineer, the Board of Health and the Conservation Commiskion. Notice of the filing of the application was also given to the City Clerk, the Fire Department, the Police Department, Superintendent of Streets and the School Department. The City Solicitor has reviewed the application and has advised the Planning Board that the application satisfied the threshold requirements for a PUD application. After receiving the necessary and timely extensions for commencing the hearing from the Applicant, Notice of Public Hearing by the Board of this application was duly published in the Salem News on September 1 and September 8 and duly mailed to all persons entitled thereto b law. 1 A public hearing on the application was held in accordance with such notice at 7:30 P.M. on September 15, 1994, in the Community Auditorium of the Salem Police Station. The public hearing was continued to October 19, 1994, November 17, 1994, and January 5, 1995 in the cafetorium at the Bentley Elementary School. The public hearing was closed on January 5, 1995. The following members of the Board were present at each session of the public hearing: Walter B. Power, III, Chuck Puleo, Kosta Prentakis, John Moustakis, William Cullen, Gene Collins, David Hart, and Lee Harrington. Board member Carter Vinson, citing a conflict of interest, recused himself from the public hearing and all Stop & Shop deliberations. Reports on the Application were received from the following Boards and Officers: 1. Inspector of Buildings - July 12, 1994 2. City Engineer - March 3, 1995 3. Board of Health - December 14, 1994 4. Conservation Commission - July 14, 1994 The Board has made a thorough study of and has given full consideration to, all .documents, plans and other materials submitted by the Applicant and by members of the public; the reports and correspondence, written or otherwise, of the Inspector of Buildings; the City Engineer; the Board of Health, the City Solicitor and the Conservation Commission and all statements made and other materials presented and submitted at the Public Hearing and at other public meetings of the Board at which the application was discussed, and therefore makes the following findings: 1. The proposed Planned Unit Development maintains the existing multi-family dwellings along Boston Street while modernizing the existing lumber business located there. 2. The development of the Industrial/Commercial parcel, which has been vacant for ten years, will generate new business activity on the site, create jobs, both full and part time, and generate tax revenue for the City of Salem. 3. The Applicant has studied and will remediate any contamination found at the site in accordance with regulations of the Massachusetts Department of Environmental Protection. 2 4. The Planned Unit Development parcel contains more than sixty thousand (60,000) square feet of land. 5. A traffic study was undertaken by the Applicant to determine the traffic needs of the area surrounding the site. 6. An analysis of the Applicant's Traffic Study was done by a Consultant retained by the Planning Board and determined that such study was prepared in a technically competent manner and in accordance with guidelines and accepted standards of State and local governing agencies. 7. As a result of the traffic study, the Applicant has agreed to work cooperatively with the City in planning and designing appropriate improvements for the area, and the Applicant shall contribute funds toward the completion of such improvements as mutually agreed to by the Board and the Applicant as outlined in this Decision. 8. The Planned Unit Development parcel is located within a wetlands and flood hazard district, and therefore the Applicant is required to obtain a Special Permit under Section 7-16 of the Zoning Ordinance. 9. Parking and loading requirements, as well as maximum bulk and yards, are hereby established as per the plans and dimensions submitted. 10. The minimum lot frontage limitations of Section 7-15 of the Ordinance have been met according to the plans submitted. 11. The landscaping plan as submitted and conditioned herein, which includes fencing and tree planting along the perimeter of the site, mitigates the impact of the development on the privacy and safety to the abutting neighbors. 12. The noise mitigation package as submitted and conditioned herein provides adequate precautions to the abutting neighbors' health and welfare. 13. The proposed construction on the Site will result in an underutilized site, which has been vacant and deteriorating for years, being cleaned and improved, thus improving the safety and welfare of that land to the abutting properties and neighbors. 14. The Planned Unit Development parcel consists of approximately 315,810 s.f., of which 166,389 s.f are in Peabody. 3 15. The Stop & Shop Supermarket as proposed contains approximately 62,830 square feet of ground floor area; a mezzanine of approximately 11,560 square feet will be devoted to office space, rest roms and storage purposes. 16. A retaining wall will be located as shown on the Plan and provide necessary support for both the relocated Jeffers Lumber building and the Stop & Shop Supermarket building. The Board acknowledges that a portion of the site for the proposed PUD is located in the City of Peabody. The Planning Department has conferred with the Peabody Planning Department to discuss issues surrounding the application which affect both communities. Wherever possible, concerns of the City of Peabody have been incorporated into this Decision. However, it is the specific intent of the Board that its Decision be adhered to with regard to construction of the project in Peabody and that such assurance be received by the Salem City Planner to his satisfaction prior to the issuance of a building permit. 1. Therefore, the Planned Unit Development Special Permit shall be subject to the following conditions: 1. Conformance with. Plans All work shall conform to the following plans: a. "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop Supermarket, by Eastern Land Survey Assoc., Inc., dated June 15, 1993, revised April 20, 1994. b. "Landscape Plan", Sheet 1 of 1, prepared by Vanasse Hangen Brustlin, Inc. dated 12/1/93, revised 12/19/93 and 3/8/95. 02 Overnieht Storage of Trucks There shall be no overnight storage of trucks on the Stop & Shop portion of the PUD. 3. Off-Hour Deliveries All truck deliveries to the PUD shall be limited to the hours of 7:00 A.M. - 11:00 P.M. 4 4/ Off-Hour Refuse Collection All refuse collection at the PUD shall be restricted to the hours of 7:00 A.M. - 11:00 P.M. 5. Site Lighting There shall be no direct lighting of adjacent residential properties. a. Site lighting shall be designed to provide adequate site security, while at the same time, providing a shield to guard against glare in surrounding residences. b. A detailed foot candle diagram shall be submitted to the Planning Department. Such plan shall be reviewed and approved in writing by the City Electrician and the City Planner prior to the issuance of a Certificate ( � of Occupancy. j6. o s of O eration �) The hours of operation for Stop & Shop shall be 6:00 A.M. - 11:00 P.M. Any amendment to these hours of operation shall be subject to the approval of the Salem City Council in conformance with Section 7 3/4 -3, "Retail Business Establishments - Hours of Operation", of the City of Salem Code of Ordinances. In addition, any amendments to hours of operation shall require the approval of the Salem Planning Board. The hours of operation for Jeffers Lumber shall be in conformance with applicable City Ordinances. Signage The Applicant shall submit a detailed sign package for the entire PUD site to be reviewed and approved in writing by the City Planner prior to the issuance of any Certificate of Occupancy in the PUD. 8 North River Bicycle/Walking Trail a. The Applicant shall clean debris from the North River Canal, for the entire length of its property. Such cleaning shall be repeated annually, in perpetuity, with notice of said cleaning to be provided to the Salem 5 Planning Department. All obvious debris shall be removed immediately. I/b. The Applicant shall contribute $25,000 to the City of Salem toward the U/ construction of the pedestrianbicycle trail in conformance with the recently completed city-wide Walking Trail Plan prepared by the Planning Department and submitted to the Massachusetts Highway Department. The Applicant's involvement shall be contingent upon the Salem Trail Plan being included on the Transportation Improvement Program (TIP) of the Massachusetts Highway Department. 9. Historical and Archaeoloeical Review The Applicant shall conduct a reconnaissance archaeological and historical survey (including a historic building survey) as required by the Massachusetts Historical Commission (MHC), the Salem Historical Commission and any and all requirements of the Environmental Impact Report filed with MEPA. r Harmony Grove Road "Hillside" Clean-up Stop & Shop shall pick up litter and trash from the hillside of the privately-owned properties along Harmony Grove Road, to the property line of Salem Oil and Grease, provided that permission is granted by the private property owners. Written permission of the owners will be submitted to the Planning Department directly by the owners. Such clean-up shall be repeated annually, with notice of the dates of clean-up to be provided to the Salem Planning Department and to each of the property owners fourteen (14) days in advance of the clean-up date. Stop & Shop shall not be liable or responsible for the clean-up of any materials dumped . on these private properties nor shall Stop & Shop be responsible for or required to remove any debris which may be hazardous or require special disposal or clean-up pursuant to Massachusetts General Laws. 11. Drainaee The Applicant shall submit a revised drainage plan to the Planning Department depicting the recommendations of City Engineer Charles Quigley outlined in a memo dated March 3, 1995. No portion of any land extending more than 6 thirty(30) feet into any R-2 Zoning District from the I/R-2 Zoning District boundary line may be used as part of this project and therefore, no portion of the revised drainage system shall encroach more than thirty(30) feet into the R-2 Zoning District. The revised drainage plan shall be reviewed and approved in writing by the City Planner and the City Engineer prior to the issuance of a Building Permit. 12. Traffic a. Howley/Walnut Street The Applicant shall design and construct traffic improvements at the Howley and Walnut Streets intersection in accordance with plan entitled "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15, 1993, revised April 20, 1994. b. Howley Street The Applicant shall widen Howley Street in accordance with plan entitled, "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15, 1993, revised April 20, 1994. C. Howley/Main Street Intersection The Applicant shall install a traffic signal and associated traffic improvements at the intersection of Howley and Main Street, in accordance with the plan entitled "Proposed Supermarket Peabody and Salem, MA" sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc., dated June 15, 1993, revised April 20, 1994, prior to the issuance of a Certificate of Occupancy. Prior to the issuance of any Building Permit, the Applicant shall obtain a written commitment from the Mayor of the City of Peabody allowing the traffic signal and the associated traffic improvements to be installed at Howley/Main Street to be coordinated and integrated with the proposed improvements which will be undertaken on Boston Street by the City of Salem and the Massachusetts Highway Department. 7 d. Boston Street The Applicant shall provide the City of Salem with $150,000 to be used to complete design and construction documents for the reconstruction of Boston Street. The $150,000 shall supersede and is in lieu of the $100,000 included in the Mayor's Mitigation Package for Boston Street Traffic Improvements. Such design shall include Boston Street, from the Howley and Main Street intersection in Peabody, continuing to the Boston and Bridge Street intersection. The design plans shall support the recently announced, State-funded improvements on Boston Street and shall include, but not be limited to resetting of curbing, new sidewalks, tree plantings, and a coordinated, computer controlled hardwired traffic signal system along the length of Boston Street from Howley Street to Bridge Street. The written commitment from the Mayor of Peabody received in condition No. 12(c) shall be utilized to include the Howley Street signal in this design. e. Neighborhood Traffic Study The Applicant shall provide the City of Salem with $30,000 to complete an Entrance Corridor Study which shall define potential improvements to the Harmony Grove Road and North Street entrance corridors. Included in such study shall be definition of methods to improve traffic safety in the neighborhoods which abut North and Boston Streets. f. Mason Street Grove Street Harmony Grove Road Intersection Upon completion of the Neighborhood Traffic Study, the City shall commit $20,000 toward design of a traffic signal at the Mason Street, Grove Street, and Harmony Grove Road intersection. 13. Neighborhood Improvements The Applicant shall provide the City of Salem with $25,000 to fund Neighborhood Improvements in the area surrounding the proposed development. The Planning Department shall create an ad-hoc advisory group of neighbors to determine the most appropriate expenditure of these funds. 8 14. Landscaping a. Landscaping shall conform with Landscape Plan dated 12/1/93, revised 12/19/93 and 3/8/95, prepared by Vanasse Hangen Brustlin, Inc. except as specified in condition No. 14(g). b. All curbing within the entire PUD parking area shall be vertical concrete. All curbing at the Stop & Shop entrance and exit drives shall be vertical granite curb. C. The sidewalk which will be installed the entire length of Howley Street shall be vertical granite curbing with concrete walkways. d. The proposed row of white pines planted adjacent to the Peabody Cemetery shall be staggered to provide more complete screening. The proposed chain link fence shall be changed to a wooden fence. A detailed plan of the proposed wooden fence shall be submitted to the Planning Department for review and written approval by the City Planner prior to the issuance of any Building Permit for the PUD. e. Landscaping plan shall be amended to include the addition of islands at both ends of all aisles within the Stop & Shop parking lot. The revised plan for the islands shall include two (2) trees per island in addition to the shrubs as shown on the plan. f. All trees for the project shall be a minimum of three and one-half inch (31/2") caliper. g. A new planting plan which illustrates each of the amendments proposed in condition No. 14 shall be submitted to the Planning Department within ninety (90) days of approval of this decision and such plan shall be approved in writing by the City Planner. h. After all project landscaping is completed, and prior to the issuance of a Certificate of Occupancy for the Stop & Shop building, the Applicant shall be required to add further landscaping if such is required by the City Planner. i. Maintenance of all landscaping shall be the responsibility of the applicant, his successors or assigns. 9 15. Noise Mitieation a. All rooftop equipment shall be screened with the construction of a building parapet and twelve (12) foot high acoustical screens around the store's roof top equipment. Stop & Shop shall submit catalog cuts of the selected panel to the Planning Department for review and written approval prior to issuance of a Building Permit. b. Stop & Shop shall utilize rooftop refrigeration condenser fans which operate at a fan speed of 850 RPM. C. If all appropriate permission from abutters is obtained, then all noise mitigation shall conform with the landscape plan (dated 12/1/93, revised 12/19/93) and the Illustrative Sections Plan (dated 10/6/94) prepared by Vanasse Hangen Brustlin, Inc. In addition, work shall conform with the scaled plan and elevation figures prepared by Tech Environmental, Inc. (dated January 30, 1995). d. Stop & Shop agrees that the noise levels including those emanating from the store's mechanical equipment will not exceed 44 dB(A) during the quietest overnight period (defined as midnight to 6:00 A.M.) as measured in the backyard of a residence abutting the site. Permission to measure in the backyard must be obtained from the resident prior to any sound level measurements. Upon completion of the project, a sound level test shall be performed during the period of the first June 15-September 15 which follows the opening of the store, at the request of the Planning Department by a professional sound engineer, to be paid for by Stop & Shop, to ensure that the noise level does not exceed 44dB(A). The methods of undertaking the sound level test shall be approved by the Planning Department and reviewed and commented upon by Stop & Shop. A written report of the sound level test shall be submitted to the Planning Department. A representative of Stop & Shop may be present to conduct or observe the sound level testing. If post construction, noise levels exceed 44dB(A), Stop & Shop shall provide whatever mitigation is deemed necessary to reduce the nighttime noise level to 44dB(A). The Planning Board acknowledges that this condition may be more stringent than the 10 Board of Health approval dated December 14, 1994 referenced in paragraph 20 of this decision. e. Stop & Shop shall post a bond or place in escrow an amount of $50,000 for a period of 18 months following the issuance of a Certificate of Occupancy. This amount may be used by the City of Salem to design and install mitigation measures if necessary. 16. Buildine Materials Elevation drawings of the new or reconstructed buildings in the PUD shall be provided which indicate the building materials which will be used. The elevation drawing shall be approved in writing by the City Planner prior to the commencement of construction in the PUD. 17. Maintenance a. The Applicant shall employ an acceptable method or means for the holding and disposal of trash (rubbish) during site development with a copy of this method sent to the Planning Department and Health Department in writing for their written approval. b. Refuse removal, ground maintenance and snow removal shall be the responsibility of the Applicant, his successors or assigns except that the City will be responsible for the trash removal for the residential dwellings. C. Winter snow and ice maintenance process shall be approved in writing by the City Engineer. d. Winter snow in excess of the snow storage areas shall be removed off site. 18. Community Set Aside The Applicant shall donate $100,000 to the City of Salem to undertake community improvement projects. Such funds shall be used at the discretion of the Mayor to assist the City in off-setting the increase of water and sewer rates in conjunction with the construction of the South Essex Sewerage District Secondary Treatment Plant. 11 19. Summer .lobs Proeram Stop & Shop shall create a Neighborhood Summer Jobs Program which will give preference to hiring neighborhood youth for temporary summer employment. Evidence of such program shall be provided in writing each year to the City Planner. 20. Board of Health All conditions in the Board of Health decision dated December 14, 1994 are hereby incorporated into this Decision. 21. Clerk of Works A clerk of the works shall be provided at the expense of the applicant as deemed necessary by the City Planner. 22, Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall commence before 8:00 A.M. on weekdays and Saturdays. No work shall continue beyond 5:00 P.M. There shall be no work conducted on Sundays and holidays. Inside work of a quiet nature may be permitted at other times. b. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. 23. As-Built Plans As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be submitted to the Planning Department and Engineering Department prior to the issuance of a Certificate of Occupancy for Stop & Shop. 24. General a. Upon request of the Applicant, and following a public hearing, any provision of this Special Permit may be waived or amended by a 2/3 vote of the Planning Board. 12 25. Violations Violations of any condition contained herein shall result in notice being served on the Applicant to appear before the Planning Board at its next regularly scheduled meeting. If it is determined by the Planning Board that a violation of any of the conditions has occurred, and if corrective action is not immediately forthcoming, this may result in revocation of this permit by the Planning Board. 13 11. Based upon all of the written materials submitted to the Board, as well as the spoken and visual presentations and other oral communications received at the public hearing and with the amendments and clarifications to the application contained as conditions in this decision, the Board makes the following findings: 1. The proposed Planned Unit Development is in harmony with the purposes and intent of the Ordinance and the Master Plan of the City of Salem and will promote the purposes of Section 7-15 of the Ordinance. 2. The mixture of uses in the Planned Unit Development is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the District. 3. The Planned Unit Development will not result in a net negative environmental impact. Therefore, the Board is satisfied that the project meets all of the requirements of the Planned Unit Development Special Permit for parcels 60,000 square feet or greater as set forth in Section 7-15 of the City of Salem Zoning Ordinance have been individually and collectively met; and, accordingly, the Board has voted by a vote of eight(8) in favor, none opposed to grant a Special Permit for a Planned Unit Development for construction and use of the premises pursuant to the Applicant's application, upon and in accordance with the provisions, conditions, and procedures set forth above. Appeal from this decision, if any, shall be made pursuant to the Massachusetts General Laws, and shall be filed within twenty (20) days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws, the Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed, or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South District Registry of Deeds and is indexed under the name of the owner of record or is recorded and noted on the owners certificate of title. 14 Dated as of the day of March, 1995. SALEM PLANNING BOARD by ----------------------- Walter B. Power, III Chairman Ild.W...cln 15 Commonwealth of Massachusetts Final Report of Structural Tests and Inspections Program Project Location: Peabody,Massachusetts Owner: Bensol Realty Trust Owner's Address: c/o Stop& Shop Companies, P.O. Box 1942, Boston, MA 02105 Architect of Record: Bradford Saivetz Associates, Inc. Structural Engineer of Record: Veitas&Veitas Engineers, Inc. To the best of my information, knowledge and belief, the Program of Structural Tests and Inspections, required for this project, and itemized in the Program of Structural Tests and Inspections, submitted for permit, have been performed and all discovered discrepancies have been reported and resolved other than the following: Comments: 4P1VAtF7e)-7VA) k-% 4711..0 -(rG-/✓19 ' �eSO mp/O - jrd d/L C/J,rl wJrfyt/�� 7T (Attach 8112 x I1"continuation sheets if required to complete the description of corrections) The Program of Structural Tests and Inspections does not relieve the Contractor or its subcontractors of their responsibilities and obligations for quality control of the work, for any design work which is included in their scope of services, and for full compliance with the requirements of the Construction Documents. Furthermore, the detection of, or the failure to detect, deficiencies or defects in the work during testing and inspection conducted pursuant to the Program does not relieve the Contractor or its subcontractors of their responsibility to correct all deficiencies or defects, whether detected or undetected, in all parts of the work, and to otherwise comply with all requirements of the Construction Documents. Respectfully submitted, Registration Seal Structural Engineer of Record t NU HtMNI$ VEITA Rimantas M. Veitas P.E. lop, irmu Type o arae Date ature Date Cite of *alem, 01a.5garbugett!9 ` t Pubtit Propertp Mepartment j6uitbing ;Department ®ne Salem oreen (976) 745-9595 Ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 13, 2000 The Planning &Zoning Resource Corp. 25 S.Oklahoma Avenue Suite 300 Oklahoma City, Ok 73104 RE: 164R Boston Street Zoning District I &R2 The above referenced property has received all zoning and planning approvals along with building permits and a Certificate of Occupancy. Enclosed see all information attached. Sincerely, 054W Peter Strout Zoning Enforcement Officer Building Inspector Zero Campanelli Drive OUR NEW Braintree, Massachusetts 02184 Telephone: 617-848-0020 AREA CODE IS V81) Fax: 617-849-7759 Engineers and Architects BRADFORD SAW ETZ + ASSOCIATES, INC. CONSTRUCTION CONTROL PROJECT NUMBER: PROJECT TITLE: SUPER STOP&SHOP PROJECT LOCATION: HOWLEY STREET-SALEM AND PEABODY MA NAME OF BUILDING: SUPER STOP&SHOP NATURE OF PROJECT: NEW BUILDING CONSTRUCTION AND TENANT IMPROVEMENTS IN ACCORDANCE WITH SECTION 116.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, RICHARD SAIVETZ REGISTRATION NO. 3988 BEING A REGISTERED PROFESSIONAL ARCHITECT HEREBY CERTIFY THAT I HAVE INSPECTED THIS SPACE AS OF DECEMBER 1, 1998 AND CERTIFY THAT THEY ARE READY FOR THE ISSUANCE OF AN OCCUPANCY PERMIT. WE ALSO PROVIDED PERIODIC INSPECTIONS DURING THE CONSTRUCTION PERIOD AND CERTIFY THAT THE WORK WAS PERFORMED IN ACCORDANCE WITH THE APPROVED DRAWINGS AND APPROVED CHANGE ORDERS. NOTE: THIS CERTIFICATION IS CONDITIONAL UPON FINAL INSPECTION AND TESTING OF THE LIFE SAFETY SYSTEMS BY THE BUILDING INSPECTOR AND FIRE DEPARTMENT. E _ SIGNATURE) \ o No. 3988 N 3 BRA1NTRE4 �0 Ad a, fJ y�Fq<Try OF Mpsspc Members: American Society of Civil Engineers, American Institute of Architects 12/08/98 TUE 13:46 FAX IM002 l I - PaJton , !C O N S T R U C T 1 O N December 8, 1998 W. Kevin Goggin City of Salem Building Department One Salem Green Salem,MA Re: Stop&Shop 164 Boston Sired,Rear List of Outstanding Items Dear Kevin: Per our walkthru this morning,the following is a list of outstanding items&estimated completion dates. I. Roof screens&acoustical louvers to be completed by December 14, 1998. 2. Remainder of curb &fence by culvert to be completed by December 14, 1998. 3. Remainder of landscaping to be completed in spring of next year. 4. As-built drawings&HVAC balancing report to be completed by end of December 1998. ]hope you find this satisfactory. Should you have any questions or comments please do not hesitate to call me. Ve tial yours, Simone Nakhoul Project Superintendent Payton Construction Corporation a 273 Summer Street■Boston,Massachusetts 02210■ (617) 423.9035 a FAX(617)423.0975 CCU of '*I m, 'Mxssarllusr##s (�n,e �xlem (ffireen TO: Stop and Shop File FROM: Craig Wheele� r RE: PUD Submittal Requirements DATE: January 9, 1998 --------------------------------------------------------------------------------------------------------------------- I have reviewed and approve the following information submitted to the Planning Board for the Stop and Shop project on Howley Street: 1. Landscape Plan prepared by Vanasse Hangen Brustlin, Inc. C VHB") dated December 17, 1997; 2. Wooden Fence Detail Plan prepared by VHB, Inc.; 3. Roof Plan prepared by Bradford Saivetz& Associates,Inc. ("BSA"), dated January 7, 1998; 4. Exterior Elevations& Detail Plan prepared by BSA dated December 15, 1997; and 5. Letter from Mayor Peter Torigian of Peabody concerning the Howley/Main Street traffic signal. The submittal of this information satisfies the pre-condition requirements of the PUD Decision. cc:Leo Tremblay,Building Inspector �e/rora/v�'. JBiv/uirs/vur yty � ��O'- �oo�ro> 64,6G € amJ'9 !G i October 29, 1993 Mr. Leo Tremblay Building Inspector City of Salem Salem, MA 01970 Dear Mr. Tremblay: You are respectfully requested to attend a meeting of the Salem City Council Committee on Community Development to be held in the Council Chamber on Monday, November 8, 1993 at 6:15 P.M. , for the purpose of discussing the enclosed, which was adopted by the City Council on October 28, 1993 . JVery truly yours, / DEBORAH E. BURKINSHAW CITY CLERK -- - -- '^"�"-B�n� tA_ILQ�.d_,(j SCR �v � - __ .. CA%1*1 CITY OF SALEM ��L�iP1E IN CITY COUNCIL, October 28, 1993 The Committee on on Community Development to whom was referred the matter of the Stop and Shop proposal for Howley Street on the Salem/Peabodv line has considered said matter and would recommend: that the Committee meet with the following individuals concerning said proposal . City Planner, Peabody Ward 3 Councillor, Peabody City Planner, Salem Planning Board, Salem City Solicitor, Salem Building Inspector, Salem Further, that the City Planners of both Peabody and Salem bring to said meeting the documents that have been filed concerning the project. In City Council October 28, 1993 Adopted ATTEST: DEBORAH E. BURKINSHAW CITY CLERK SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01070 JOHN R.SERAIINI, SR. TELEPHONE JOHN R. SERAFINI,JR. 308•744.0212 JOHN C.DARLING a rneal•2)43 EDEN M.wln nLeR JOSEPH C.CORRINTI TELECOPIER 500•74I-4683 n c June 17, 1993 L31 Mr. Walter B. Power III, ChairmanCO Salem Planning Board t One Salem Green Salem, MA 01970 RE: The Stop & Shop Supermarket Company Boston Street, Salem Howley Street, Peabody Dear Mr. Power: In accordance with Section 7-15 of the Zoning Ordinance, The Stop & Shop Supermarket Company and John C. Jeffers (the "Petitioners") hereby petition for a Planned Unit Development Special Permit under this Section. By separate application the Petitioners will request site plan approval under Section 7-18 of the Zoning Ordinance and a Special Permit under Section 7-16 of the Zoning Ordinance relative to construction within a Special Flood Hazard District (and, if applicable, a Wetlands District) . The Special Permit being requested under Section 7-15 is to authorize, as a planned unit development, the construction of a certain industrial and commercial buildings adjacent to each other in an integrated manner, but with separate parking facilities, access and utility systems for each. The construction will consist of the following: 1. The relocation of an existing building of 3,985 square feet and the. construction of an industrial storage building containing approximately 21, 160 square feet of floor area (the "Industrial Buildings") ; and 2. A Super Stop & Shop Supermarket containing approximately 62,830 square feet of ground floor area; a mezzanine of approximately 111,560 square feet will be devoted to storage purposes (the "Super Stop & Shop") . Mr. Walter B. Power III June 17, 1993 Page 2 The Planned Unit Development is to be constructed on the parcel of land as delineated on the accompanying site plan (the "PUD Parcel") . (As reflected on the site plan, certain existing buildings will remain in place on the PUD Parcel, one of which is and will continue to be used as a multi-family dwelling. ) The PUD Parcel consists of approximately 7.25 acres, of which 3 .82 acres are in Peabody, will consist of two proposed lots as shown on the site plan, and is composed of the following zoning classifications under the Salem Zoning Ordinance: B-2 District and I District as shown on the site plan. There is included in the PUD Parcel a small portion of land within an R-2 District. This portion has the benefit of Section 7-9 of the Zoning Ordinance and is, therefore, treated, for purposes of the application of Section 7-15, as being within an I District. In addition to the PUD Parcel, there will be included in the development land in Peabody (also shown on the site plan) . The Land in Peabody, as reflected on the site plan, is located in a zoning district in which commercial use is permitted as of right. The Peabody land is included in Lot P shown on the site plan. Lot J has frontage of approximately 228.52 feet on Boston Street in Salem and Lot P has frontage of 549.83 feet on Howley Street in Peabody. The construction and use of the Industrial Building and the Super Stop & Shop is to be undertaken on a coordinated basis. A retaining wall will be located (as shown on the site plan) to provide necessary support to enable each of the Industrial Building and the Super Stop & Shop to be constructed in a compatible manner. in addition, the Petitioners have agreed that Lot J, as shown on the site plan, will not be used for food store operation and that Lot S will not be used for production and sale of wood products. Further, the Petitioners have established a cooperative storm water drainage plan which will provide for the orderly flow of drainage from the various portions of the PUD Parcel and to avoid any conflicts or surcharging of the respective facilities during storms of high intensity. The commencement of the construction of the Planned Unit Development, subject to delays beyond the reasonable control of the Petitioners, will occur two years from the date on which the Petitioners receive the last of the necessary permits for the construction and use of the Planned Unit Development. Mr. Walter B. Power III June 17, 1993 Page 3 To assure you that development on the Peabody portion of the parcel of land will be undertaken in accordance with the Special Permit granted under Section 7-15, the Petitioners suggest a condition be included in such Special Permit that, prior to the issuance of the building permit for Lot S, a restriction shall be granted by the owner of Lot S to the City, acting through the Planning Board, that construction on the land in Peabody now conforms to the requirements of the plans approved as part of a Special Permit granted under Section 7-15. In acting on their petition, the Petitioners hereby request that: 1. Selected uses allowed within the B-2 Highway Business District and B-4 Wholesale and Automotive Business District be allowed. Specifically, the Petitioners request Lot S be allowed for supermarket use and further request that Lot J be used for sale and storage of building supplies, a permitted B-4 use; and 2. A side yard requirement of five (5) feet be established for Lot S and a side yard of one (1) foot be established for Lot J, and a rear yard of two (2) feet be established for Lot J. The PUD Parcel of land, by virtue of its designation within the B-2 District and I District, is intended to be developed for business purposes. The issuance of a Special Permit for development of the PUD Parcel as a planned unit development, in accordance with the site plan, will allow business development to occur on the parcel of land and will benefit the City through a substantial increase in the City's tax base. The division of the parcel of land and its uses will insure that drainage is properly accommodated, that access to the larger of the lots will be through land in the City of Peabody, and not in the adjacent neighborhoods in the City. Further, topography of the parcel of land (in relation to existing residential properties) and the undertaking of the Petitioners to place screening (as reflected on the site plan) demonstrate the compatibility of the contemplated development with the existing land use in the vicinity. There are, as set forth above, departures from the strict provisions of the Zoning ordinance required for the planned unit development to proceed. However, these departures are necessary Mr. Walter B. Power III June 17, 1993 Page 4 in order for the Petitioners' development plan to proceed and are necessary to achieve the objectives of the Master Plan to encourage appropriate economic development in areas zoned for commercial activity. The land within the development (including the Peabody portion) is located in part, in four separate zoning districts, three of which permit supermarket use as a matter of right. The use of the land within the planned unit development for these combination of purposes, substantially achieves the underlaying objectives of the Zoning Ordinance to encourage compatible uses for appropriately zoned land. Also enclosed is a copy of the Environmental Impact Statement covering this area, along with other information required by Section 7-15(d) . We will be happy to review this material with you and look forward to an early public hearing in order that we might meet our construction commitments and assist in the total economic picture of Salem. . Because of the importance of this project, not only to the owners and the developers, but also to the City of Salem, we have held two meetings with the neighborhood, especially the abutters and the abutters to abutters, and have conferred with the two Ward Councilors. We have also had preliminary discussions with the Planning Department and with other City officials in preparation for this submission. Stop & Shop is committed to quality development. Its ,past history and most recent projects have been built in cooperation with local officials and with a sensitivity to its surrounding area. This particular area has been in a rundown condition for many years, and it continues to deteriorate. Comprising as it does industrial and highway parcels, it was felt that the PUD approach, with its extensive Planning Board involvement, is the appropriate vehicle. The project will arrest the continued deterioration, and in cooperation with the City will enhance the area, provide jobs, and increase the tax base. Mr. Walter B. Power III June 17, 1993 Page 5 After careful and considerable investigation and review, we feel confident in presenting the project for your approval. Sincerely, Petitioners: THE STOP & SHOP SUPERMARKET COMPANY JOHN C. JEFFERS THE STOP & SHOP SUPERMARKET COMPANY by JOHN R. RATINI-, I; TT JOHN JEFFER JRS,SR./ln CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER OVv�vF ONE SALEM GREEN City Planner i; 01970 T (508) 745-9595. EXT. 311 " FAX (508) 744-5918 TO: Salem City Council FROM: William E. Luster, City Plater RE: Zoning Analysis - Industrial Zone DATE: March 15, 1993 I have prepared a zoning analysis which provides my opinion on the allowance of a major retail use in an Industrial Zone. There are two (2) parcels zoned Industrial that are currently being considered as sites for major retail uses - GTE Sylvania and Howley Street. This memorandum establishes my opinion of the rights of a landowner in developing an Industrially zoned site as major retail space. In Salem's Zoning Ordinance there are five (5) scenarios - one could argue - under which a major retail use would be allowed in an Industrial district, they are: 1. Use Allowed By-Right, 2. Special Permit Use, 3 . Planned Unit Development, 4 . Use Variances; and a 5. Zoning Change This memorandum provides my opinion on each of the five options. 1. Uses Allowed By-Right The Salem Zoning Ordinance allows-by-right the following uses in an Industrial Zone: - All uses permitted in B-4 (Wholesale and Automotive Business District) The B-4 District includes service establishments exceeding the requirements for such businesses in B-1 Districts, such as major laundry, dry cleaning and baking establishments. All uses permitted in B-1 (neighborhood business) , except that all residential uses are prohibited. The B-1 District is for neighborhood business including grocery, fruit, vegetable and meat stores, delicatessens; Bakeries, provided that all baked goods are sold at retail on the premises only; Drug stores; Stores selling liquor, beer, wine; and Newsstands and variety stores. A developer of an Industrial parcel might attempt to use the B-4 allowance for service establishments or the B-1 allowance of neighborhood businesses as an argument as to why a major retail use would be allowed in an Industrial zone. However, the definition of the B-4 and B-1 zoning districts show that they are clearly not intended for major retail uses. In addition, the fact that the B-2 zone expressly states that major retail uses within a shopping plaza are an allowed use is proof that if major retail uses were allowed in any other district it would have been expressly stated. 2 . Special Permit Uses The City of Salem's Zoning Ordinance allows the following special permit uses in an Industrial Zone: - All special permit uses for B-2 and B-4 Districts. Neither the B-2 or B-4 Districts allow for a major retail use by Special Permit. 3 . Planned Unit Development Special Permit Article VII, Section 7-15, of the City of Salem Zoning Ordinance allows for Planned Unit Developments (PUD) to be granted by a Special Permit through the Planning Board. A Planned Unit Development Special Permit can be granted in the following zones: R-3 , B-1, B-2 , B-4, B-5 and I The Planned Unit Development is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. All uses, or any combination thereof permitted in R-3 , B-1, B-2 , B- 4 , B-5 and I Districts may be allowed in a Planned Unit Development. However, MGL Chapter 40A, Section 9 , defines Planned Unit Development as "a mixed use development on a plot of land containing a minimum of the lesser of sixty thousand square feet or five times the minimum lot size of the zoning district, but of such larger size as an ordinance or by-law may specify, in which a mixture of residential, open space, commercial, industrial or other uses and a variety of building types are determined to be sufficiently advantageous to render it appropriate to grant special permission to depart from the normal requirements of the district to the extent authorized by the ordinance or by-law." In my opinion, the major retail development is not mixed-use and would therefore not meet the threshold definition which would constitute a Planned Unit Development according to MGL Chapter 40A, Section 9 . 4 . Use Variance A developer has the option of requesting a use Variance from the Board of Appeal to allow a major retail use in an Industrial zone. The Salem City Council has recently requested an opinion from City Solicitor Kevin Daly on whether or not use Variances are legally permitted by the City of Salem's Zoning Ordinance. The City has allowed use Variances in the past, thus establishing a pattern of non-allowed uses pursuing use variances in lieu of zoning changes. On April 18, 1972 , the Board of Appeal granted Variances to allow the full 17 acres at 227 Highland Avenue (Hawthorne Square Shopping Center) to be used for commercial or B-2 purposes to allow for a proposed shopping center. The property is divided into two zoning districts - B-2 and Industrial. This Variance allowed for consistent development throughout the site because the front portion of the parcel, where Purity Supreme is located, is zoned B- 2 which allows by-right the use of a supermarket and the rear portion of the property is zoned Industrial. Thus, a precedent was set that a supermarket would require a use variance to allow it to be developed in an Industrial zone. 5. Zoning Change Any land owner has the right to petition the City of Salem for a change of zoning at a particular site. A zoning change must be approved by the City Council and the Mayor, following a public hearing. Historically, Salem has relied on use variances rather than zoning changes as the mechanism for allowing non-allowed uses on a particular zone. Conclusion The conclusion of this outline is that a zoning change from Industrial to B-2 and a use variance are the two options available for the development of a major retail use on those parcels presently zoned Industrial. This analysis represents my opinion based on the Salem Zoning Ordinance. A written legal opinion answering the same question is recommended. jm\bd\IndZoana.mem LEDOUX, WHIPPLE & KING, P.C. ATTORNEYS AT LAW ROBERT A.LEDOUX 49 FEDERAL STREET PHILIP STROME(o/muj I N A.WHIPPLE JO194G.KING SALEM,MASSACHUSETTS 01970-3469 CELESTE R.NIARCHOS (506) 745-3363 IPSW ICN OFFICE' 25 MARKET STREET CHARLENE FOV GIBNEV P.O.BOX 208 RICHARD M.KALLMAN FACSIMILE(508)745-6209 IPSWICH,MASSACHUSETT501938 KAREN I.TUM STEPHEN P.MATO ROW 350.293 FACSIMILE 15081 350.9663 p� December 14 , 1992 PC fia s 1 e Kevin T. Daly City Solicitor JAN Z ) 199 City of Salem 3 93 Washington Street Salem Salem, MA 01970 r►oairi� uept. Re: GTE Sylvania Dear Mr. Daly: You have asked for this firm's opinion with respect to the development of land located off of Loring Avenue owned by GTE Sylvania (hereinafter "Property" ) . Specifically, you have asked the following questions : 1 . What uses are presently allowed under Salem's current 'zoning by-law; 2 . In the event that a potential buyer wished to construct a retail development including a supermarket, under what sections of the zoning by-law would the use be permitted and what restrictions could the City of Salem impose on such use; and 3 . What statutory or regulatory authority exists which would allow the City of Salem to control any commercial or industrial use of the Property. In connection with this opinion, we have made such investigation of law and other inquiries as we were reasonably able to make. Because of the complex nature of the potential development of the Property, there may be other laws and regulations which are applicable, but those addressed below are those which are customarily of concern to this and other firms which review or render opinions on these matters . We render no opinion on matters except as specifically herein stated. Without limiting the generality of the preceding sentence, we wish to point out that we state no opinion concerning title to the Property and whether the status of the title of the Property would affect the development of the Property. Mr. Kevin T. Daly 14 December 1992 Page 2 I . ZONING MATTERS. A. Information relied on In rendering this opinion, we have reviewed and relied on the following, upon which we base our opinions hereinafter set forth: 1. Salem Zoning Ordinance, as originally adopted August 27, 1965, and as amended through December 26, 1990 (hereinafter "Ordinance" ) . 2 . A map entitled "Zoning Map City of Salem, Massachusetts" as amended to December 17, 1990 (hereinafter "Zoning Map" ) . B. Applicable Zoning Provisions 1 . Permitted Uses The land to which we have been asked to opine consists of 31 . 90 acres as shown on Map 32, Lot 20 on the City of Salem Assessor's Map. According to the Zoning Map, the Property is situated in an "I " District. According to Article III, Section 3-1 of the Ordinance, an "I" District is an industrial district intended to be highly suitable for industrial use by reason of topography, accessibility and proximity to major transportation systems. Permitted uses in an "I " District include all uses permitted in B-4 Districts, subject to all the provisions specified for such uses . The following are permitted uses in a B-4 District: ( 1) Automobile service stations; (2 ) Automobile, trailer and boat sales and service; ( 3) Plumbing, carpentry and sheet metal shops; (4 ) Printing establishments; (5) Sale and storage of building supplies; (6 ) Warehousing; 114r. Kevin T. Daly 14 December 1992 Page 3 ( 7) Wholesale merchandise brokers and wholesale storage; (8) Service establishments exceeding the requirements for such businesses in B-1 Districts, such as major laundry, dry cleaning and baking establishments; ( 9) Churches and similar places of worship, public and private nursery, elementary and secondary schools, institutions of higher education; ( 10) Off-street parking and loading facilities and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use; ( 11) All uses permitted in B-1 Districts, subject to all provisions specified for such uses, except that all residential uses are prohibited; ( 12) Retail uses relating to the permitted uses in B-4 Districts. The following are permitted uses in B-1 Districts: ( 1) All uses permitted in R-3 Districts, subject to all the provisions specified for each use; ( 2) Grocery, fruit, vegetable and meat stores, delicatessens; ( 3) Bakeries, provided that all baked goods are sold at retail on the premises only; (4 ) Drugstores; (5) Stores selling liquor, beer and wine for consumption off the premises; ( 6 ) Newsstands and variety stores; ( 7 ) Dry goods and notions stores; (8) Book, stationery and gift stores; ( 9 ) Florist shops, but excluding greenhouses; Mr. Kevin T. Daly 14 December 1992 Page 4 ( 10) Hardware stores; ( 11) Banks and savings and loan institutions; ( 12) Barber shops and beauty parlors; ( 13) Laundry, dry cleaning and pressing establishments, provided that not more than five (5) persons are engaged in providing such services; ( 14) Self-service laundries; ( 15) Tailor and custom dressmaking shops; ( 16) Shoe repair shops; ( 17) Radio, television and appliance repair shops, provided that not more than three (3) persons are engaged in performing such services; ( 18) Professional offices, medical and dental clinics; ( 19) Restaurants and other eating places which do not serve alcoholic beverages consumed on the premises and including drive-in restaurants and drive-in snack shops; (20) Municipal buildings; (21) Off-street parking and loading facilities and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. The uses permitted in an R-3 District principally involve residential use of the Property and would not permit retail' development of the Property. All of the foregoing uses of the Property would be allowed as a matter of right by the Ordinance. A point for consideration is whether a retail development could be constructed which consisted of several retail establishments all of which are permitted as individual uses in either a B-1 or B-4 district. According to Article III, Section 3-1 of the Ordinance, a B-1 district is a neighborhood business district intended to be an area containing uses meeting daily shopping needs for the convenience of adjacent residential areas . It could be argued that Mr. Bevin T. Daly 14 December 1992 Page 5 construction of several retail stores would be permitted by right because they would be serving the daily needs of adjacent areas. However, the construction of several retail stores would at some point derogate from the intent that a B-1 business district serve only the needs of adjacent areas. It is our opinion that including a supermarket in the potential development would not be a permitted use. This conclusion is supported by the specific allowance in B-2 Districts of supermarkets and retail department stores located within a shopping plaza. Massachusetts ' courts adhere to the strict construction that express mention of one matter as an allowed use excludes other similar matters not mentioned (see, e.g. , Board of Selectman of Hatfield v. Garvey, 362 Mass 821 ( 1973) (where mobile homes were specifically permitted in business B districts, court concluded they were intentionally excluded from residence A district) . It could be argued that a supermarket is permitted because service establishments exceeding the requirements for business in B-1 districts are permitted in a B-4 district. However, the selection of "major" laundry, dry cleaning and baking establishments as examples of permitted service establishments implies that the district allows service establishments that serve other business establishments rather than the general public and the definition of a B-4 district is to serve the wholesale business needs related to the central development district. The Ordinance permits larger versions of specifically permitted uses . As a supermarket is not a specifically permitted use, one would need to define a supermarket as a larger variety of a grocery store. Although that argument may have some merit, the fact that "supermarket" is a specifically permitted use in a B-2 District implies that it has been accorded its own separate designation. Based upon the foregoing, we believe that the use of the Property for a retail development including a supermarket is not allowed by right under the Ordinance although an argument to the contrary could be made. 2 . Special Permit Uses The following are Special Permit Uses in "I " Districts : A. Industrial and manufacturing operations; B. All special permit uses for B-2 and B-4 Districts, subject to restrictions specified for such uses . However, special permit uses for R-C, R-1, R-2, R- 3, and B-1 Districts are prohibited. Mr. Kevin T. Daly 14 December 1992 Page 6 None of the Special Permit uses allowed in B-2 and B-4 Districts allow for retail development or supermarkets . However, Special Permit uses in a B-2 District also include Special Permit uses allowed in an R-2 District. Special Permit uses in an R-2 District include all Special Permit uses in R-C and R-1 Districts . Nonetheless, R-C and R-1 Districts specifically exclude supermarkets as Special Permit uses. Based on the foregoing, a retail development or supermarket would not be a Special Permit use in an "I" District. 3 . Variance The granting of a variance by the Board of Appeals (hereinafter "Board" ) to allow a retail development on the Property would constitute a use variance. Pursuant to M.G.L. ch. 40A, Section 10, (hereinafter "Enabling Statute" ) , a use variance may not be granted except when the local ordinance expressly permits variance for use. There appears to be some question among City of Salem officials whether the Ordinance allows a use variance but we understand that use variances have been granted in the past. Section 9-5(c) of the Ordinance provides that the Board "may impose limitations both of time and of use" when granting a variance. It further provides that "the continuation of the use permitted shall be continued upon compliance with regulations to be made and amended from time to time thereafter" . We assume that the Board has relied on the language of Section 9-5(c) when it has granted use variances . If the Board elects to consider a variance petition, a variance may be granted provided that the applicant demonstrates the following: A. Special conditions and circumstances exist which especially affect the land and which are not generally affecting other lands in the same district; B. Literal enforcement of the provisions of the Ordinances would involve substantial hardship, financial or otherwise to the applicant; C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. i - Mr. Kevin T. Daly 14 December 1992 Page 7 A petition for a use variance may or may not meet all three requirements for granting a variance. If the Board granted a variance to allow a retail development, it could impose limitations both of time and of use pursuant to Section 9-5(c) , and the continuation of the use permitted would be conditioned upon compliance with future regulations contained in the Ordinance. 4 . Zoning Amendment The construction of a retail development on the Property could be accomplished by a rezoning of the Property from an "I" District to a B-2 District. Assuming that all the requirements for amendment of the Ordinance were complied with, the retail development would be permitted as a matter of right provided, however, the City of Salem could restrict the scope and design of the development as set forth in Section II of this opinion. II. DEVELOPMENT LIMITATIONS AVAILABLE TO THE CITY OF SALEM You have asked us to opine as the statutory and regulatory authority available to the City of Salem which would permit the City to exert influence over any potential commercial or industrial use of the Property. Assuming that a purchaser obtains the zoning approval necessary to develop the Property, the Ordinance provides the City with general welfare powers to control the scope of the development. 1. Site Plan Review Any retail or industrial development of the Property will require site plan approval from the Planning Board. The Ordinance provides that one of the purposes of the site plan approval process is to ensure compliance with the City of Salem master plan. Based upon the information contained in the environmental impact statement, the site plan architectural and topographical drawings, and the recommendations of the building inspector, city engineer, ./ board of health and conservation commission, the Planning Board has broad authority to request changes in the plans to promote the quality of the development and its impact on the health, convenience and general welfare of the people of Salem. The Ordinance provides the Planning Board with authority to amend all submitted plans based on safety and environmental concerns . Finally, the Ordinance provides the Planning Board with the power to impose, as it determines, further restrictions on any development of the Property as a condition to granting site plan approval. .Mr. Kevin T. Daly 14 December 1992 Page 8 2 . Entrance Corridor Overlay District The Property is located in the Entrance Corridor Overlay District. The effect is to grant the City of Salem additional development controls which would not otherwise be available to it. Limitations on curb cuts, more stringent parking and landscaping requirements and a reduction in signage allowance are mandated by the Ordinance as a result of the Property being located in the Overlay District. 3. Conservation Commission Approval The southernmost portion of the Property lies within the Wetlands and Flood Hazard District established by the City of Salem. Any proposed development of the Property which is within the one hundred foot buffer zone surrounding the wetlands or which would alter any wetland protected area will be subject to Conservation Commission oversight. 4 . Massachusetts Permits The scope of state reporting and permit requirements will be determined by the proposed use of the Property. The Massachusetts Environmental Policy Act (M.G.L. ch. 30, Sections 61-62H) ( "MEPA" ) requires environmental impact reports to be filed before state agencies issue permits with respect to any project. If a project requires no state permits, then MEPA compliance is not required. Most commercial projects will require one or more of the following state permits: A) a joint Massachusetts Water Resource Authority/Municipal Industrial User Discharge Permit; B) a Massachusetts Division of Water Pollution Control ( "DWPC" ) Sewer Connection Permit; or C) a DWPC Surface Water Discharge Permit. The issuance of any state permit will not control the character or use of the Property but the state permitting process will ensure that the proposed development complies with all environmental regulations . 5 . Federal Regulations If any proposed development of the Property falls within a wetlands area as defined by the Federal Clean Water Act ( 33 U.S .C. Section 1344 ) then a Section 404 permit will be required from the Army Corps of Engineers to regulate any activity affecting protected wetlands . There may be additional federal permits required to develop the Property to which we could not opine at this time. ,Mr. Kevin T. Daly 14 December 1992 ` Page 9 III . CONCLUSION It is our opinion that a retail development including a supermarket is not a permitted or special permit use of the Property. Further, it is our opinion that the Ordinance does permit the Board to consider the granting of a use variance to allow such a development. Restrictions or conditions not inconsistent with Section 9-5(c) of the Ordinance and Section 10 of Chapter 40A would be imposed on the development. There would also be the additional level of approval required by the Planning Board under Site Plan Approval. It is our further opinion that a rezoning of the Property to a B-2 District is another means of allowing a retail development with a supermarket. If a rezoning of the Property is successful, then the Site Plan Approval process will permit the City of Salem to exert influence over the scope and design of the final project even if no Zoning Board relief is necessary. Very truly yours, LEDOUX,/WH PP E & KING, P.C. By: -v Robert A. Ledoux RAL/cfo F-IH /C. O. COPY �(,ONDIT� CERTIFICATE OF OCCUPANCY - v� 4 5< �� Issued. 1 Permit q: 3��� CITY OF SALEM Cit of Salem Building Dept. SALEM, MASSACHUSETTS 01970 Y DATE_NoulEWELF R PERMIT NO. 906-119Ca APPLICANT.).[ (�L-GI.lI�I«a�-IZLIGT-�-L�N- 'G'�-•—ADDRESS I% E �I F .S-�"I-BEET —I�NTR'S ICENSEI STATEZIP CODE_0*,A 10 TEL.NO. -'F.7-9700 . CITY Fi.Qa.f_ol\L-- NUMBER OF pFI V MENT) . DWELLING UNITS PERMITTO-AL-T- STORYELQN"I (P �1 — ZONING1 DISTRICT— AT(LOCATION) ISTRICTAT(LOCATION) 01_I (-. iQ CLIVI-.C-`T IMtt 11 AND (CROSS STREET) BETWEEN (CROSS STREET) LOT HI110 1 F. LOT aZ_74 BLOCK SIZE SUBDIVISION BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION —((TYPE) REMARKS'..�j1IGTf1F TFNNQ Al1Tl i1 flllT FGl7 AL1W-,--.(]E BOSTfI PERMIT AREA OR ESTIMATED COST.p @ 71h ITljJj7J FEE 4=S IT 171 VOLUME (CUBICISOUARE FEET) OWNER_w74Ni4B0=,--TQN BUILDING DEPT. ! ADDRESS _ D61 CTfJF BY T T �ZY�-€E9F E - --....._.._... _.. 3 �e Titu of 1,54 stem, Aassttr4ulirtts } �'a Public PrupertIl i9epartment iguilbing i9epartment (one Salem nen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 12 , 1997 Serafini , Serafini & Darling 63 Federal Street Salem, Mass . 01970 RE : Stop & Shop 164 Rear Boston St . Dear Mr . Correnti : In accordance with the Massachusetts State Building Code 780 CMR, Section 121 , you are herebv ordered to demolish the fire damaged structure located at the old Larrabee and Hington Co. at the corner of Boston and Howlev Streets . You shall also remove all debris from and around the site to an approved disposal facilitv to prevent further potential fire and safety hazards . thank _v Oil in advance for your cooperation in this miat'er . Sincerely. Kevin G. Goggin Assistant Building Inspector KGG: scm cc : Fire Department Health Department Councillor O ' Leary / e Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 (508) 745.9595 EXT. 311 FAX (508) 740-0404 WAIVER OF THE DEMOLITION DELAY ORDINANCE It is hereby certified that the Salem Historical Commission has waived the Demolition Delay Ordinance for the proposed demolition as described below, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. Address of Property: 164 Boston Street Name of Record Owner: Bensol Realty Trust_ John C. Jeffers Description of Demolition Work Proposed: Demolition of seven storage sheds (3 of which are over 50 years old) on the Salem portion of the property. Dated: December 4- 1997 SALEM HISTORICAL COMMISSION By:— s<���/ All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. f / _ c n 3;, lttxucixc �3nttrb Jan 11 2 21 i u yy One �$ttlena (Breen FORM A - DECISION Ms . Deborah Burkinshaw City Clerk Salem City Hall Salem, MA 01970 Dear Ms . Burkinshaw: At a regularly scheduled meeting of the Salem Planning Board held on January 6, 1994 it was voted to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan : 1 . Applicant : Stop & Shop Supermarket Co. from Boston & Maine Corp. 2 . Lucation and Description: Boston Street HarmonyGrove Road in Peabody 10,466 Square Feet (Parcel G) is being conveyed to property located at Boston Street and Harmony Grove Road. Deea : t property records in Essex Soutn District Registry. Sincerely, Walter B. Power , III Chairman EX\DH\BPFORMA NOTES: B&M CORP. FILE NUMBER 1 . SALEM ASSESSORS MAP 16 PL��ePq� PARCEL LISTED AS MAP 26 PCL. 40 �P 2. RAILROAD VALUATION SECTION V. 7.12 SHEET 2 B�r e 3. SEE PLAN RECORDED PLAN BOOK 141 PL. 20 tilt (SHEET 78) «: 4. EASEMENTS SHOWN ARE PROPOSED. 5. PARCEL G IS TO BE COMBINED WITH THE ADJACENT e Ro "`J 6.57 - ACRE LAND TO FORM A 6.81 ± ACRE BUILDING LOT. / w•0LO✓T 5T it - LOCUS PLAN FOR REGISTRY USE ONLY I — ADJACENT 6. 57* ACRE LAND — -- _ i I formerly A. F. CLARK a N65'16'40"W 39 "w Ng0'24 7� 110.00' w00 I Q 0o PARCEL G Q W 10,466 ± SF. 8, w 22"w o,�, 82• S?�°0. w N69'58'15"W 352.02' 071. N67°34' 58"W 2899 ,'REMAINING LAND OF B&M CORP. 4229± SF. 42g 85' 2�' ^ " 20.00 46.00 >>"(8. '� 20.00 16.00 S69.58.15"E 32.0 1120.00 `, z 0 o EXISTING TRACK S-.LAND OF MASSACHUSETTS BAY•TRANSPORTATION AUTHORITY I ,oma R I o 20.00 ; ±BASELINE'OF LOCATION — . EASEMENT OVER LAND OF o BOSTON & MAINE CORP. o o Z � < a+ + w Nom. . EASEMENT OVER LAND OF Uj Z o M.B.T.A. z � I APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED SALEM PLANNING BOARD PLAN PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELLO, PLS 104 LOWELL ST. PEABODY, MASS. 01960 LAND IN r — 508 531-8121 _ - SALEM , MASS . BOSTON AND MAINE CORPORTION c ; 0 15 30 60 90 120 TO DATE Stop & Shop Supermarket Co. B&M CORP. FILE NUMBER 8131 A SCALE 1 30 DECEMBER 21 , 1993 . - �"""'�� i CtU of ttlPm, � ttssMtljusPt s FILE puarb D{ '�LIpPAl >IITrY r ,. DECISION ON THE PETITION OF MI.CHAEL. J. HAR_RINGTON FOR A COMPREHENSIVE PERMIT AT�164R_.BOSTON STREETS A public hearing on this petition was held on April 6, 1989 and continued to and closed on April 26, 1989 with the following Board members present: James Fleming, Chairman; Messrs. Bencal , Strout, Dore and Nutting. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening Nees in accordance with Massachusetts General Laws Chapter 40A. Additional public board meetings were held on April 20, 1989 and May 9, 1989. The petitioner, represented by Attorney George W. Atkins, III , is requesting a Comprehensive Permit to allow construction of sixty-four (64) units of mixed income rental housing under the provisions of Massachusetts General Laws Chapter 40B, Sections 20 to 23 inclusive. The locus of the property is on both an I and an R-2 District. The petitioner plans to construct a new building containing 64 units of mixed income rental housing on the site. The Comprehensive Permit which has been requested may be granted upon a finding of the Board that the proposed development is consistent with local needs in view of the regional need for low and moderate income housing considered with the number of low income persons in the City of Salem, as balanced against the need to protect the health or safety of the occupants of the proposed housing or the residents of the City of Salem, the need to promote better site and building design in relation to the surroundings, and the need to preserve open spaces. The Board of Appeal , after careful consideration of the evidence presented at the hearing, and after reviewing the plans, makes the following findings of fact: 1. No opposition to the petition was presented by the Salem Planning Bo ard , the Salem Historical Commission, the Salem Board of Health, the Fire Marshal or the Chief of Police. 2. There was neighborhood opposition expressed to the petition. Concerns expressed were public safety demands, the addition of traffic to adjacent streets, rodent control , and the impact on City services. These factors were considered by the Board and adequately addressed by the petitioner and by the imposition of conditions provided in this decision, as well as existing City ordinances. 3. The petitioner has complied with all requests made by the Board pursuant to the requirements of 760 CMR31.02(2) by direct submissions of requested materials to the Board and agreement to approval conditioned upon receipt of a site approval letter. Page 2. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. There is a need for low and moderate income housing in the City of Salem; 2. The relief requested can be granted without substantial detriment to the public good and without derogating from the health and safety of the occupants of the proposed housing or the residents of the City of Salem; 3. The proposed development is consistent with local needs. Therefore, the Zoning Board of Appeal voted 3 to 2 to grant the Comprehensive Permit subject to the following terms and conditions: 1. All requirements of the Salem Fire Department relative to this project, including the following conditions: a. The proposed building be provided with a residential fire sprinkler system, installed in accordance with the provisions of NFiPA Standard 13R, and Article 12 of the Massachusetts State Building Code. b. Access to the building for fire fighting purposes be acceptable to the Salem Fire Department, and shall be in accordance with the applicable provisions of 527 Code of Massachusetts Regulations 25.00. c. A right of way from Boston Street, on the Salem side, be maintained as a second means of access to the property for use in emergency response. Dimensions of said right of way shall be acceptable to the Salem Fire Department. d. Connection of the fire alarm system within the proposed building shall be by means of a master fire alarm box connected to city fire alarm circuits. Such fire alarm box shall be capable of serving as a "street box" for use from outside of the building. e. The primary response to fire related emergencies shall be made by the Salem Fire Department as per current departmental policy. Mutual or outside aid response to the site shall be in accordance with present or future agreements between heads of fire departments in the Cities of Salem and Peabody. f. Fire supply to the site, including type and location of fire hydrants, shall be acceptable to both the Salem Fire Department and the Director of Public Services for the City of Salem. 2. All construction comply with existing city and state building codes. Page 3. 3. Dimensions of the building shall be as per plans dated December 12, 1988 (L-1) and April 20, 1989 (A-1 through A-3) submitted to the Board of Appeal May 2, 1989 subject to the following amendments: a. Provisions of these conditions b. Provisions of the Salem Conservation Commission c. Boundaries of the parcel relative to abutter Jeffers d. Location of the footprint of the building provided said footprint shall be relocated no more than 15 feet. 4. Proper numbering be obtained from the City Assessors. 5. Minimum of ninety-six (96) legal size parking spaces be maintained on site for the exclusive use of the residents, guests and service vehicles of the building only. 6. Height of the building shall not exceed 45 feet. 7. Plan to be submitted and approved by Board of Health, City of Salem, for rodent control during and after construction. 8. Plan for drainage shall be submitted to the Salem Board of Appeal as approved by the Engineering Department, City of Salem. 9. Public safety response (police, fire, civil defense) shall be provided in accordance with mutual aid agreements determined by public safety officials of Salem and Peabody. 10. All services for water, sewer and storm drains, electricity shall not be the responsibility of the City of Salem. 11. The City of Salem shall not be responsible for solid waste disposal or snow removal for this project. 12. Plan review and an Order of Conditions be done by the Salem Conservation Commission. 13. Petitioner provide South Essex Sewerage District with mitigation relative inflow and infiltration. 14. The proponent participate with traffic mitigation by cooperation with UMPTA study of traffic, including the transfer of any necessary real property to affectuate that study and improvement. 15. Enclosure of the parking area under the building shall be reviewed and approved by the Salem Planning Department, said approval not to be unreasonably withheld. 16. That the site contain no more than forty-eight (48.) units in Salem. 'T. Page 4. 17. Any accessory structures placed on the roof shall be properly screened and noise contained. 18. There shall be no parking east of the Salem building. 19. The area east of the Salem building shall be cleaned and landscaped. 20. Plans for lighting and landscaping shall be submitted to the Board of Appeal and approved by the Salem Planning Department which shall also review and approve construction of same. 21. The main entrance corridor within the parcel shall be curbed with granite. 22. Prior to issuance of permits hereunder, petitioner Michael J. Harrington must obtain a site approval letter from Massachusetts Executive Office of Communities and Development in accordance with 760 CMR31.02(2)(g). COMPREHENSIVE PERMIT GRANTED _ I I � Jams M. FlEming, Esq., Chairman Board of Appeal APPEAL FROM THIS DECISION, IF ANY. SMALL BE MADE PURSUANT TO SECTION 17 OF TH! MAK GENERAL LAWS. CHAPTER 803. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSANT TO ;;,ASS. GENERAL LAWS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN F' OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIEL RECCRDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OFTHEOWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL A copy of this decision has been filed with the Planning Board and the City Clerk. ` APR 18 3 nur4b^ Ctv of �$ttfrm, �ffla56ar U!3rtt9 ;I`TY Y P02ITD Of �11 peal DECISION ON THE PETIT_ION_OF-MICHAEL J. HARRINGTON FOR VARIANCES AT 164R BOSTON ST. (I/R-2) A hearing on this petition was held March 15, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Strout and Associate Member Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusett General Laws Chapter 40A. The petitioner, represented by Attorney George W. Atkins, is the owner of the property, which was formerly used as a site for a leather tanning factory. The petitioner is requesting a variance to allow a multi-family residential use in this Industrial/R-2 district; as well as variances from density requirments of setbacks and maximum building height. A new building would be constructed on the site containing sixty-four (64) residential units. During the hearing, the petitioner modified his petition, reduced the total number to forty eight (48) residential units. The variances which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. litera,l enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Several abutters, as well as other residents of the immediate area, spoke in opposition to the project, citing the addition of traffic to heavily travelled adjacent streets. 2. Other concerns raised by the abutters and residents were the impact on public safety demands, the disposal of sewerage, rodent control, the loss of natural wetlands, the effect on the Salem school system 3. The proposed building, because of its size and height, would not be in conformity to the existing neighborhood and would dominate the area too greatly. 4. The property can be developed industrially, adding greater tax dollars to the City. ' 5. The additional traffic generated by the proposal would have an adverse effect on the planned connector road and the realignment of Route 114. J DECISION ON THE PETITION OF MICHAEL J. HARRINGTON FOR VARIANCES AT 164R BOSTON ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially the subject property and not the district generally; 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. 4. Petitioner failed to prove the requisite hardship. Therefore, after a motion to grant the requested variances with nineteen ( 19) conditions was made and duly seconded, the Zoning Board of Appeal voted 1-4, (Mr. Fleming in favor) , against granting the requested variances. The petition failed to receive four (4) affirmative votes and, therefore, the variances are denied. VARIANCES DENIED 7 aures M. Fleming, Esq. Chairman, Board of Appeal/ A COPY OF ,THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 5irYi. GENERAL LAWS. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF : LIF; OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSANT TO MASS. GENERAL LAWS. CHAPTER SCS, SECTI2N 11, THE VARIANCE ^P GRANTED HEREIN. SHALL NCI TAME EFi[J UNTIL A COPY OF THE::EC!SICN. EEAC.:.'. FICATION OF THE LMY CLERK i:HAI 20 DAYS HAVE ELAPSED SO NJ APPEAL HAS 3F9 r uR THAT, IF SUCH AN APPEAL HAS BEEN i0.E, THAT IT H,aS BEEN DISMISSED LR RECOROEO IN THE SOUTH ESSEX P,EiASTRY OF DEEDS AND Iii DEXED UNDER THE NAME LF THE OF RECORD OR IS RECORDED ANU NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL .Ctt\T I[C Ctu of ttlem, ttssttt use##s Pours of 4vwl AGENDA APRIL 6, 1989 - 7:00 P.M. 2nd Floor - One Salem Green 1 . Petition of Michael J. Harrington for a Comprehensive Permit to allow construction of sixty-four (64) residential units at 164R Boston Street (R-2/I) 2. Old Business 3. New Business i�G' i .ci oamgb Ctv of "'531em, fflttssar4usetta Paurb of tAv peal <ums. March 27, 1989 Planning Board Conservation Commission Historical Commission Board of Health Ladies & Gentlemen: In accordance with Massachusetts General Laws Chapter 40B, Section 21 , you are hereby notified that the Salem Zoning Board of Appeal has scheduled a hearing to be held April 6, 1989 at 7:00 p.m. , second floor of One Salem Green relative to the petition of Michael J. Harrington for a Comprehensive Permit to allow the construction sixty four (64) residential units at R164 Boston St. Enclosed for your perusal and input is a copy of Mr. Harrington's application, street map and MGL 40B §21 . Respectfully, James M. Fleming Chairman, Board of Appeal JMF:bms Enclosures cc: Members of the Board of Appeal City Planner Fire Prevention Inspector of Buildings ✓ Councillor O'Leary LUCUTIVE OFFICE OF COMMUNITIES & DEVELOPMENT Michael S. Dukakis, Govemor Amv S. Anthonv, Secretary IMPORTANT NOTICE REGARDING CHAPTER 774 December 9, 1987 Dear Local Official : The purpose of this notice is to clarify an important aspect of Chapter 774 of the Acts of 1969 (also known as sections 20-23 of Chapter 40B of the Massachusetts General Laws or as the "Anti-Snob Zoning Act") . Chapter 774 is a local process for granting "comprehensive permits" for the development of subsidized low or moderate income housing. These permits, granted on a case-by-case basis by local Zoning Boards of Appeals (ZBAs) following a public hearing, may allow housing construction at greater density than allowed by local zoning. A local denial of a comprehensive permit, or the imposition of "uneconomic" permit conditions, may be appealed to the state Housing Appeals Committee. The regulations of the Massachusetts Housing Appeals Committee (760 CMR 31.02) specify eight submissions that the ZBA may require from the proposed developer before the public hearing on an application for a comprehensive permit. These items include: (1) preliminary site development plans; (2) a report on existing site conditions; (3) preliminary architectural drawings; (4) a tabulation of proposed buildings; (5) a preliminary subdivision plan (if necessary); (6) a preliminary utilities plan; (7) a list of all requested exemptions from zoning and other local regulations; and, (8) evidence of the developer's interest in the site and eligibility under Chapter 774, including a so-called "site approval letter• from a state or federal housing agency. Office of the Secretary 100 Cambridge Street, Room 1404 Boston, Massachusetts 02202 (617) 727.7765 The last item is one of the most important. Site approval letters for most state-subsidized private housing development programs are issued by the Massachusetts Housing Finance Agency (MHFA). Site letters for other programa are occasionally issued by other state and federal housing agencies. These letters indicate: (a) whether a site is generally acceptable for housing development; (b) whether the proposal and the developer are eligible for state housing funds; and, (c) what specific planning concerns must be addressed before the proposal will be considered for state funding. Site approval letters are presently issued by MHFA only after a site visit by its technical staff, review by the funding program to which a developer intends to apply, and an opportunity for comment by ocal officials. Some housing programs may impose other requirements before a site letter is granted. The Homeownership Opportunity Program (HOP) , for example, requires that a developer demonstrate a \\ good faith effort to secure the support of local officials and the T local housing partnership (if any) before submitting an application for a comprehensive permit. If your local zoning board of appeals has begun the public hearing process on a comprehensive permit application that does not include a site approval letter, this agency strongly recommends that the ZBA attempt to reach a written agreement with the applicant to suspend the hearing process until the application is made complete. If such an agreement cannot be reached, the ZBA may deny the application "without prejudice" and state in writing that the application is incomplete pursuant to the regulations of the Massachusetts Housing Appeals Committee. The developer may then reapply for a comprehensive permit if and when an application becomes complete. If the ZBA receives a new comprehensive permit application that does not include a site approval letter, or is otherwise incomplete, this agency recommends that the application also be denied without prejudice, in writing, as described above. In all cases where your community is reviewing an application for a+comprehensive permit, we recommend that the ZBA consult with the town counsel, city solicitor or other competent legal counsel. This is particularly important to ensure that all procedural requirements of Chapter 774 are met and that all written decisions adequately protect the interests of the community. Written materials are available to help your community better understand Chapter 774 and grants are available to obtain professional legal and consulting services to help you respond more effectively to comprehensive permit applications. If you have general questions about Chapter 774, please contact Christine Pappas at (617)727-7824. If you have legal questions about Chapter 774 with respect to •a specific permit application, please contact John Carney, counsel to the Housing Appeals Committee, at (617)727-7078. Sincerely, Jo e ' � tley istant Secretary 4 4GB § 20 CITIES, TOWNS AND DISTRICTS REGIONAL PLANNING 40B § 21 N.b a Nets 1 ever,the based of Commlun le Got pre- Where tmet aught to be developed take Into consideration the recommendations of the local boards and armed ream mlldrin[ the applicant to tar is. neat nemrmle loesse b•r.hur shall have the authority to use the testimony of consultants. The i di.1.fully may pnlear Interval pre.• evexamd,d Is at,. nod when meow provisions of section eleven o[chapter forty A shall apply to etc asc6 enur held In the lite or Mans to acVulre Aplwsle Committer,Ia amounts,teams P P any n.h Intrinsic Board of ANwal+of teaghe panels, "almil That the devei- hearings. The board of appeals shall tender a decision,based upon a Harare,r. Ho•drot Aplwsb C.canduee mrpem W ear truned on Bine mi.ane. majority vote of said board, within forty days atter the termination In dept. of Coomu.nit, Affairs (19731 with 1em.1rm. ala neva Irving Per. ; of the public hear{ and. It favorable to the appUcanty shall forth- - All n.E2d Sat,sal Lasa 110. roved for apes span,this.veil...elate 1 tun to 1«.1 nreJ. with rope.: to lam, with issue a comprehensive permit or approval. If said hearing Is 6. 1.1.0.6add..d aq.•Icwoa and malrmt. Ioeom• hmmm[ project not convened or a decision Is not rendered within the time allowed. Derdaper which was eligible to tie• •m.Innpnll^nue. Id. - unless the time has been extended by mutual agreement between the a retire A ,ins at wit. „ at It dmde to g Eml...I lama. - board and the applicant,the application shall be deemed to have been !' humnnl eat ism n[ time that It mmve so MmrJ of ynsualx for nmpnhennlee pT•'-. "Reyulrtmeou .pa nguLtlma-•uh- allowed end the comprehensive permit or approval shell forthwith Ls- alit for rim rnerfou of ton- and mover- In poor, more'" uno. hoard of a> sue. Any person aggrieved by the Issuance of a comprehensive per. are Income handlnt. Board of Appe.ls rivals awl ho..mu"appenln committee,an of IlArnard 1. Itouang Appeds Commit- •milradon br meatled •Ppuc... for mit or approval may appeal to the court u provided N sec[lon seven- tee In I4hl. of Communtt, Affairs terrorist to new,urt low and medermte teen of chapter forty A. i 119161 act.N.E2.I U.W.179)Ivw.64. Income hmislog, to arerdde Ian 're- - mdremenu ad regulatloa:' Including Added by SL1969, a 111. S 1. Amended by SL1975, e. 008, SS /. gA, /B. n 7. "c...later with local nodi' mama brlv., It at cousbtent with lo- itHistorical Note If approval of estrn.los In existingist needs.do not Include a ntlm,made - aL1BT6,a 809,it L/A,1a..ubasln ted eon A . the ogr l La of abetter ewer could not I+ ounlced at lows In goal faith n9J for • DUIrIIe pnrpow: meeting Iwnase of hostult to the Prof. Thu•, this necllon and 1111 to 0 of tbb "nwn•e" for d 'muclus -eleven' for fon) A of tha Deunl Lao b ettla r P 1 se•emeeo", and 'xremves" far 't+•eo- pd., to add dais mill lhh, am la se- ' req 1lourmg Appeaa Contain. Hold Ing c b n.realistic town from ut- rha ly.w", to the first, filth, and eighth convert by vera respeelln cuts or bus. dlnpeme .Ith the appmral reeulremesl Ing tree[ hl eminen[domals for nMaef- A. aeotesea.rofwctlrdl. prodded that so later than Jose 1d r- an one not nndatent with brat need•. ration pit Taws during pecldenq of .a tlet4 slxtveG hundred .ser aevanQ• Board of Appeals of lmrnard r. Rous- nitration for a compmhro lve Modell to SLIMS.a MR.11,prodded: flesh W nate hundreds add by-lower l9[Anpenn Coemlltn In De build low and moderate mama scuds[ '-This an.baa take ef[ea m Jumts y Dept.et Com- shall he turning t eat nNmmlt lower 1 mats"Affairs 410761175 V.E2d 182.170 as (rad• Town of Chelmsford r, D1- 1- first. slae:een hundred and eevenn+ls the prorldous of this chapter and shall )Tau. 6T. alone 119701 111 x.E2d 171, 170 Rowe - as Ie so sirm ordinances sad by-law•and be tanned herebL sad thereafter Ge i 91. !•+ mendraeum other thus scalp[ sup snwndme9te. adapted after veld dales- pd*, of .boom, forty A. le arises prior t Januar)next.slsaeen hundred A paragraph which appeared la the and seventy-da shall[oven rosin[oedl- § 21. Low or moderate lacome housing; applications for approval g44g ...cued bill of BLIFT6,a NO.as port.1 harvest and nrrl.w.' aappeal of proposed construction; hering; al P' Ilse amendment of 0.1_e.210,1 l/A,by SLIMS.a 80L was appnred Dae.2L i 1 a of the act but lou appansdT IG- IMo mee[sfiled " eathe dl lons b date Any public agency or limited dividend or nonprofit organiallon waded to be)odnmn udrd to 1 T ea p xer, w 1 Int the effenl•ese,a of the act tied: proposing to build low or moderate Income housing may submit to -Zoon,ordtesoa.and b,-[.w,to at. the board of a feet on sale due .hall castle" to be ppeals, established under section twelve of chapter for- oelals.s ty A.a single application to build such housing In lieu of separate ap- Nsu.. sf plications to the applicable local boards. The board of appeals shall I.e•rsnl 2 Income housing box right of appeal IG snl•.•f hsa.a It HousingAppeals Clograddelli while m forthwith notify each such loal board, asePPlicable. of the filing of nmaiaaom.l. f ors"eved By tesuse" osuch permit such application by sending a COPY thereof to such local boards for Ea•w•.m.a.I Imp.d export a be.m right of appeal to"IS continuum their recommendations and shall, within thirty days of the receipt of Hearing. ld date eat deur.rifrm,ed Many alloal pea such application, hold a public hearing on the some. The board of Limlled dlvld•ad ere•mltailea. I of Ife.in nde.that e lance Court) Nahmn appeals shall request the appearance at said hearing of such repre. has eight P.rmu. Ii •. te..d of Appeals at wlsehtster 1 sentalives of said local boards as are deemed necessary or helpful In Pnwrly Inland nvem•manls 1 11074)110 N.r..2d lud.1116 sign.278.2a dismissmaking Its decision upon such application and shall have the same p.•..T1o1', t...rally I nper.42 LE,12.495 ICL azo t s 871. power to Issue permits or approvals;as any local board or official who v.adtb I This simlan and 11 20. 22 and 21 of would otherwise act with respect to such application. Including but 2ovtq revdaua.a s this chapter ars dot uammutudopoly not limited to the power to attach to said permit l di- vague. do as conu consultant ncos.dts- or approval con11om1 delegation of power, and do as lions and requirements with respect t0 height,site plan,size or shape. 1, veuduy permlt unconstitutional spot cooing. Id. 777777 or building materials as are consistent with the terms of this section. This section pro.leme thatpIlleaaI sbadard. to W applied by board•or The board of appeals. In malting iU;decision on said application,shall For peun w rm❑ In doneulow ar mer.te appeal.and Hamel.,Assisi Calamities 3114 305 S t �I s,dii.;t' rt,i 4;W i i f its r DATE:......... ... .._.........._ .._.. . ....._ ... q' � APPEAL CASE NO... _...... .. . JA`•DI,rR1E Win CITY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that they YA are the owners of a certain parcel of land located at No. 164 Uo5tOn.Streel;, Rear. . . . . . . . . . . . . . . . . H99969x Zoning str' j and R-2 . . N anilf Tabic Ii ani YIi . ; and said Parcel is affected by Section(s) . ; of the Salem Zoning Ordinance xx�BY/xDfY4JbY�( 4 . 2f Ex KKXx24K2J KKKKKMg141�K xKYg�KXKiSI;IMI;ii�XgKggx x Plans describing the work proposed, kxxxxbxxxxxxMaYYxxdX]cWXYkXXYp9cp[XKY4lxX0lYXRMYYdYt[g4cXicK xddc�ySd4lddcK3i, gi� �XpdticxpgQc {QcrdtgcxrKidc� cx>�dHd� are attached hereto. y J -� It w r— y 3 CD c o 73 m y n The Application for Permit was denied by the Inspector of Buildings for the following reasons: Not Applicable: application for Comprehensive Permit. The Undersigned hereby petitions the Board of Appeals xa[XXxryxxko(xxi( mxxoiXxkxxlxiKm �'dfif24Y�(XY�H SQ4i�4ird�x34�'dV�p31Ydo0ilfQ��dSQ4i�Rl'drd'dc X3f irdc YdhYd05X Mttitic XOttNp�Gxlmc xf�(�1NNtlQttgS c NKDc �p�dbrdc W34K�x Xafrxd4i< c�(db�c xaEic:bsx�'d(x�c XdtQ@OHyc xagc:aiil0c x�aimc xi�c xxamtic x Z<d41EQti�c>BgX�4l43tYdc xd4Ydc X841(Q@'dtQtl�cKydrd'dC:GYddKQd(XQ4K�Ydc�cxic�oYalxCa7gdcwcXxN%1Hoe6ea07y licdW d�dilcirplc x�yc x�c�QJii'd'd4YdS4�4i'd�x34Ki<xrSp(xd434,K xrdc r$mrallox�Hc xammticxtax�+Obmmgtlm6xa(Of Cgx x i Haitxic ! �XtKdOfd(XBtMd(X4410Yd4107C X3QYd(�c X7®(Xbd10C XdtlnmQl�C�XrXXk 7d�7XlXl%10J7�(X1Qt1Hc�7c W7c Nit 1Qc SoaQnw&mxoeu9onsa To issue a Comprehensive Permit in accordance with Massachusetts General Laws, Chapter 40B, Section 21 , to construct a 64-unit mixed-income rental housing development in accordance with the attached plans. See Attachment "All for the list of requested exceptions to the Salem Zoning Ordinance. Owner. Michael J. Harrington et al Address. 59 Federal Street, ,Salem, MA, 01970 Telephone. (508) 744-0350 _ . . . . _ . Petitioner .Same . . . . . . . Address. . . . . . . . . . . . . . . . Date � . Telep one. Y •� B Micfiael"i Harrington Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of $ . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Attachment A List of Requested Exceptions to the Salem Zoning Ordinance 1. Variance to allow multi-family residential use in Industrial/R-2 District. 2. Variances from density requirements of Front, Side and Rear Yard Depths and Maximum Building Height. Memorandum of Understanding Between Michael J . Harrington and Community Development Department Acting For, : And On Behalf of the City of Peabody Re : Zone Change Former Flynn & Sons Property at Main and Howley Streets Lots 132 , 133 and 134 , Map #86 Date : April 15 , 1988 Reference is made to your memorandum to the Peabody City Council dated April 11 , 1988 , with specific reference to Page 3 of that document , outlining conditions of a contractual understanding between myself and the City of Peabody . In order to aid in the timely resolution of the pending petition for rezoning which is presently before your Planning Board and the City Council , I propose to covenant with the City of Peabody on the following terms and conditions : 1 . That the Community Development Department will have the right of review and approval of all site and land- scaping plans before a building permit is issued . 2 . That I , as developer , agree to place in all deeds relative to this project , a disclosure identifying potential inconveniences which may exist in the area due to proximate industrial uses . 3 . That I , as developer , will build no more than 197 units on the site , and will provide two ( 2 ) parking spaces for each of the units constructed . 4 . That all issues relative to property lines and rights of way will be resolved to the satisfaction of the Community Development Department before a building permit issues . 5 . That I , as developer , agree to proceed with whatever land use changes are required by the City of Salem on the basis of this agreement with the City of Peabody . It is understood by the parties to this agreement , that the purpose of this Memorandum of Understanding is to : a ) Recognize and address the concerns expressed in your memorandum of April 11 , 1988 to the Peabody City Council . Page 2 Memorandum of Understanding April 15 , 1988 b ) To provide a format for the commencement of similar initiatives with respect to the City of Salem as to any changes required by their existing zoning ordinance, and in order to address any other requirements it may impose in the course of the approval process . c ) To enable myself , as the developer , to undertake activities with respect to the "clean up " of the site , and the demolition of the existing buildings located thereon . I think we both agree that the approach taken to date ; namely treating this site as an entity notwithstanding city boundaries , is in the interest of the parties involved and lends itself to a timely resolution of the remaining issues , and the early commence- ment of the project which would inure to the benefit of the more boradly defined community interest . I want to thank both yourself and your staff for both their timely availability and helpfulness with respect to the ongoing effort , and hope that this agreement will serve as a catalyst for the resolution of the land use issue presently being addressed . Michrael J . Harrington City of Peabody Community Development Department By : 242 H RM GROVE s � \ 241 \\���� CEMErE 14,800 24 12,250 it 1 \\\ is�li p'�� Noq 0 s� a GR Q oVE 2 ° as 300 5,..\ / \\ Co .moi Q CL m ,p 374 %306' i �i sa s v s0 1 98 22,5 0j2 to so/ a 2/g si � 'jrrze ' sS0 ,sem/S 2/6 3 3 90 `� e ^' .a sOp (o 26 BOO / 18 1 3 O o m 191 /96 sal p2 1 3 2s4 4B96 i% 0d O' sO 9 sp) s ST RFF VB B/4 �89 1:550 ., ss S ry / !95 8 9O19 O O4p� O Joe " s Bp J2S.3 B3)3 1,a ss ° 166 105-5 D71 �►• City o/Peadody pp OFFICE OF THE THE nn //�� LEATHER Jin.4pector o112uiCclingi 5 I c�TM BUILDING INSPECTOR - I 1 S3:2-3000 EXT. 994 CITY HALL p PEABODY. MASSACHUSETTS 01960 �4��DSAI�•�4,R�A�&: March 15, 1989 William Monroe Building Inspector One Salem Green Salem, MA 01970 RE: Howley Street Flynn Tan & Sylvania Building Dear Mr. Monroe: Enclosed please find a copy of the letter sent to Michael Harrington regarding the above-mentioned property for your files. I would also like to thank you for your assistance in securing the building. If you have any questions or need any assistance, please feel free to call. Very truly yours, Kenneth Surette Asst. Building Inspector KS/pad r� h RE F,Pt cf 01P`104 ` Jr `f BOARD OF APPS EABODY _ OFFICE OF THE THE E LEATHER {� 019 // LIAR (5 159 PMVK J'ni ector 019aiCdin�6 OyI�OING INSPECTOR 532-3000 EXT. 334 CITY HALL PEABODY. MASSACHUSETTS 01960 RECEIVED CITY OF SALEM,MASS. January 6, 1989 Michael Harrington 59 Federal Street Salem, MA 01970 RE: Howley Street Flynn Tan & Sylvania Building Zone B-C Dear Mr. Harrington: - Yesterday, we spoke about securing the buildings on Howley Street. Several doors and windows are open. This could be deemed a dangerous situation. Your concern to expedite this matter would be greatly appreciated. If you have any questions, please call. Very truly yours, Kenneth Surette Asst. Building Inspector KS/pad W r b 7 N W O •.Gf v 3 i Of to N -H H O >,H I 0 Cal N v G A 7 u �y t T o o E O 2 W H x G+ N L to a1 n M Jy 7 .. OD O Q G W F uQi N U G -H � O U v v ro c O m a v Vj +� o X v o H ' f SENDER: Complete Items 1 and 2 when additional services are desired, and complete items 3 u and 4. s Put your edtling in the"RETURNtoy TO" Space on Me reverse sitla. Failure to do this will prevent this t card from being returned to you. i et I t f III Id the m f the r delivered t 11 1b d i f tl 11 - For additional fees thfollowing services are available. Consult postmaster for fees and check boxes)for additional service(se)requested. G 1 1. j Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery c t(Extra charge)t t(Extra charge/1 a J. Article Addressed to: 4. Article Number Michael Harrington P939 948 885 59 Federal Street Type of Service: Salem, MA 01970 ❑ Registered ❑ Insured ® Certified ❑ COD ❑ Express Mail Always obtain signature of addressee or agent and DATE DELI V ERED. S. Signature—Addressee _ 8. Addressee's Address(ONLY tf X requested and fee paid) 6: Ignature gent ' 7. Vate of Delivery PS Form 3$71, Mar.1967 : .S.O.P.O.1987.17&769 DOMESTIC RETURN RECEIPT i''1 z� i$;;t4s7`•�°k �'{i7x'✓mi'}"�" s �Lgrf `gC a'. < c ui x t d 'Y r �a F !n � 2f,a �yt.c��, /�� ^''�� a l.. .x E , - 14, �1' Nli: }fir sai S8 OSx la.USS, ENTERPRISE..:�CVN `65)4 , F:?r FPO San Francisco , w , 96636 2810 x w 1 0 Februaryr1989. F�0 SP��� s` s! COPY AOR. YOUR Fnn1�pt City Hall 5 O�F�G �CiYlifnA��ON Salem, ` MA , - . 01970 '�• i` 3Yn. r t�f .- ��i � Y- �� y J�. Z t • Dear Mr : Salvo , ° `� •` V have lived`,my'' entire life prior to 'entering the: service at . 22 Silver. St. I have been made aware ' of a . recent developer ' s . proposal . to significantly change - the neighborhood I still • - consider home .' Specifically, this is the. area knownasthe Old Mill Pond . ' The'• area. is being developed by 4 ft. Harrington. . The location is South' of Harmony Grove Road . Below are . lis•ted, several ''of my' concerns: '".Theheight ,of' the, buildings' should` not exceed..the., ground level`` at the top of the hill . ' . I' believe• the height to be about thirty. feet. A change in 'the` areas , zoning would. provide a great` deal of lost r , potential revenue for Salem:E Several=. of-;' these -- business lots , have railroad access', which 'V, belie.ve : is something of exceedingly increasing value . ', .I have 'seen increased use of rail throughout the ;'many <-states; in which .:I have served. I believe that any increase in residential population would not be accommodated well with the existing traffic patterns . For at least the last twelve years the cities of Salem, Beverly and Peabody have been trying to remedy the traffic - choke points as well as access to Route 128. A development in the area would be like throwing salt on a wound. After having frequently sat at the intersections of Main Street and Howley Street in Peabody for several minutes waiting for a break, in traffic , I believe a Peabody access is no solution . Another ` entrance for traffic to Boston Street will severely choke traffic. As a paper boy I often had to wait five minutes , to cross Boston Street. That was several years ago when the city ' s population was much smaller. What is the Developers solution for the general public who will bear this additional inconvenience?. Would not this increased.traffic further cripple the City ' s goal -,- of attractin - new business? 9" _ Any development on the area will be affected be flooding. Over the years I noticed several substantial floods . What has the developer done for the potential occupants? Will he pay their flood insurance? Should this flood area. be developed what will the impact , be on theresidents of the areas north of Lowell Street in Peabody? That area is not far up the E` ' 'A vJ � w a rdevelo e`d h n, the larch is served� .Very well, as a flood '4 ,p, xi,.. St Rrr years" s a plain until 1 :, I ✓ b:•' rl'. r ` «b" .`n}i. R `.T 1 1 a. f F •�,' .. �4 I t3N17 The area was also-'severely polluted; overe the years}with+ industrial wastes. '" The= ground antl water should be chucked to , ensure hat if' deve l.aped„. there would be ng„Salemversion of` Love . Canal . ;, SimplyN�co ' er,ng the j.wastes ; over , is an outdated and disproved practice: 'I " studied, ;this problem since 1970. It has not been resolved ` based on a` walk through. the area in December 988,. n , e I , believe that the slick approach that Mr. Harrington, sh=owed in the absence of Mr . - O Leary demonstrates a lack of concern for , the .are,a, or the neighbo,r,s .• . , T.his;,, s: 'not-<: the blighted; area as .some, recent articles would lead one to believe These families which 'will be affected . did not speculate on their ".' homes . They bought_ them over the years because - they _ loved the ' Y hbuilding and the neighborhood., '' Many of these fami'l'ies have. been' e their homes for over fifty years . , ` 'That c.oncern � should, w.eigh heavily ori the ,8oard ' s decision making:. The Sweeney family. has. live in the same house for, over seventy years : This is the Family homestead *4 ,The sweat , - toil .'and personal,. energy •that• went " into that home cannot be measured by a financial slide rule'. , The developer knew the potential 'risks prior to.,purchase. He should be poli of that fact, and held accountable. •for,. his,' dec.i.sions as, I hold._ my.-'men accountable for theirs . ' Most of 'my neighbors are not happy with these developments. Despite my ,distance,, . there is no ,lack of: interest .. I. would fly home and . express . ,f> my ._ duties .did not preclude the trip. " this in person, Your response is appreciated. ; r .. Sincere y, ` i ),� � �"�� o,„{o/j !l ,x X969 Argeo Paul Cellucci Governor Patrickj. Moynihan November 18, 1997 Secretary and MBTA Chairman Mr. Leo E. Tremblay, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: Request for the Consent to the Issuance of Building Permit in the City of Salem/Peabody, MA File#40/54A - 97A-55 Dear Mr. Tremblay: I am writing with respect to your request for my consent to the issuance of a building permit to The Stop & Shop Supermarket Company for the proposed construction of a supermarket in Peabody / Salem, Massachusetts. The property for which the permit is requested is located on Howley Street, Peabody, MA, as indicated on the plan entitled: "Landscape Plan", Project Title: Super Stop & Shop Peabody / Salem, Massachusetts, Date: March 5, 1996, Scale: 1 "=40', Sheet No. 1 of 1 , Project No. 03834.26. A hearing was held at the Executive Office of Transportation and Construction on Wednesday, October 29, 1997, after publication in The Peabody Times, on Thursday, October 9, 1997. Massachusetts General Laws, Chapter 40, Section 54A provides that a city or town must obtain the consent of the Secretary of Transportation and Construction prior to the issuance of a building permit for any structures on lands formerly used as a railroad right-of-way or lands appurtenant thereto formerly used by any railroad company in the Commonwealth. The explicit purpose of the statute is to preserve former railroad property in the Commonwealth for present or future transportation- related uses. As the executive officer responsible for comprehensive planning in the areas of transportation and construction, I have the obligation under the statute to protect such property for transportation-related uses. Telephone(617)973-7000 TDD(617)973-7306 Telefax(617)973-8445 1116J Leo E. Tremblay November 18, 1997 Page (2) cont. After reviewing information on file at our office, it has been determined that the proposed construction does not adversely impact any potential transportation use. This being the case, I hereby consent to the issuance of the building permit to The Stop & Shop Supermarket Company for the proposed construction as shown on the aforementioned plan, a copy of which is attached. Sincerely, /A -qw� Patrick J. Moynihan Secretary O r;, r all 1y __ ter- � U+•s ti - I _ X S.,`,�. :f..., .,I ..•^,WtN1.:AHdhfdtR.'WNfe..:x:N1MWMNk:$5 _........ --._...... ......__ Vanasse Hangen Brustlin, Inc. i - i Transportation NORTH RIVER CANAL Land Development Environmental Services r__._.... _..... ,H I _... _. .-.. ....._ _.. �IASSALat9SEi'fS.... �A"¢' ..�AN: �Ti(M�t.... 101 _ _. ...... ._. ..._ -- .. - r - - _ ---._.,_M e r, rt ro : r�. _._ ..... _...._ __ _. _..__ .__. Watertown, Massachusetts 02272 _ _.........._........ 617 924 1770 • FAX_ jC 617 924 2286 !1 _ , ,?i^nflw7 r i 1 I7 7 & — /- -- - - IFOR DETENTION BASIN _. .\ -- if PLANTING AN UNG SEE PART _ C— S _L._...; LOAM 4 SEED __ ... _- �\ \ / / LAN, B LOAM 4 SEED OW < I t ( � --- 2 MP6 ,I n y{I 1 �" 3 JG E Z • j _... ;.... ..:....:,.�r-•'""'.. I t TGA , SHOP LOAM 4 SEED ' z DOCK kt1 � � SWA E WITH 3 J 11 tlI T 7 2 M o�eaA RICE CUTGRA55 � I !rk M . I 3 R 3 R � '" 3 JG M TG AM 4 SEED I VE , 3 J - J PROPOSED N I 2 > 2 M SUPERMARKET 15 GN �;. 3' VIIB Rio M 3' J v : BUILDING AREA: 62,830 SF k -<._,__..„ _,,.CHESTS ON DOCKS: 1,092 SFL R AREA 2 SFTOTA FL00 . 63,92cz" 3, J 4 SEED � wry , 2 M E WITH � s RICE CUTGRASS 5 RC _'' 3 VG' m L.. 3G 3 RP 5 RG 5 RC ' ,t Ott v; ' d dal n k I PG - - a 5 EA 2 PC RELOCATED � - CAM 4 SEED INDUS�tAU 3 : LD I , O tj TG REMOVE DEAD TREES AND SELECTIVELY PRUNE EXISTING 1 IE o YOUNG HARDLUOOD TREES TO REMAIN. CONCRETE 1 : II I NEW ANT y 4 my ( p ,61yXi` RETAINIING tJN�s .: WALL M — -- 1 f gXISTI NG „•,�?: ;;<: ;� ` — ro' HIGH PRESSURE TREATED WOOD u q +rr+•-'�-- E SHADOW SOX" STYLE F£NGE t L y t T,m PEABOD — SALEM �� �PUbIiC Variabie Width) 3 FK RG ` PROP. GATEWAY ARCH BOSTON - t emy!/0yoUt ' 41_; 0 TO b 985 u �rdth)ao(11Voriable 5CAL' IN FEET I PLAM LIST IQT QR". /fK.IIL KMS Na01"PiCN MM'! an -- -- No. Reviaron Date pA9 MALDS .< •GENTl1RIAl" GENrM1RINd GRA,DAppLE 21y-3P CAL P GA PA b PLATAIUS ACERIFOLIA 'OLOODaooc- &LOODGOOD LONDON PLAE:TREE 31}-4' CAL _ ..__ ._ ... ...... ........_ ...... Design Drawn DY CheokeE by - FK T FidlNUB SERRIULATA XWNIZAN" KWANZAN CHERRY .... .. - PG 14 �YlEJ6 C.4LLERYANA 'ARI6TOCRAT° ARISTOCRAT PEAR 3Lj-4' CAL -. - , RM 7BB � fdl 3 _{• CAL -. can eneckea by - - -- npprovea by TG 11 rILIA CORDATA "riREENSPII€' GREEN6P11.� LiTTLELEAF LINDEN 3y-4' CAL �» _ _ .. .. . _ _.. 13 CA ...... .._ ._ _ _. .. -. G,1 3m TfA3"T" NIGRCAt�A EN615 CATRIAN HEMLOCK p•_i{• M ��"je� Scale Dote FW i2 PiN,16 NIGRA ....... .R-„-.<.,.� .. ..___. ' _.-..... ..u.:..... . .• _. . ... ... 1"=40' 3/5196 AUSTRIAN PINE D'-Y F{T _....- _...._ ...-.,._ _......�.,....... ....,.....,..,._ {7� Project Ltie P2• 4w PMJ6 eTRbBus EASTERN LLWE PINE 6'-T'Hr .. I 39 SR 1.•4 C141 cc 23 .° SILKY DO' w 2'-Jtf' NT. rj j Super Stop & Shop CC S HNY71US ALAI cACOMPA T LEAT4ER„EAF J'-2y' HT. - ._ JS S EUGNYFU6 ALATUS "COMPACTA' DlAC. DIN ANI DU.4H 2'-24' Hf. 0-71 . JG 66 JUNIPERUS CHR•ZONT 'SEL18 DE EEE' SEAG,rACT ANDORRA W-le BPD - JH 0 JWiPERUB HORIZONTALIS DEPRE88A F'LUM08A GOMF'AGT ANDOR1fA JWIPER 6•-18• BPD. IV IS ANIILEX EROS CILAT ACTii BARISTM JWIPER 2-2 42 BPD. -- -- IVF IO ILEX VERTICILATA 'CHRISTMAS CHEER" C4HRISTi-IAS CHEER WMTE�T 2-J�}' M. IVM I ILEX VERTICILATA "JIM DANDY' JM DANDY WRITERBERR` 2-24- HT. \ IJ 6 ITEA JAPONICA "DEPPU” DLLAI F SLLEEtSPIRE 18'-24' HT. RD 15 RHODODENDRON 'DOIY-E DE NEK.E° DOULE DE NEIGE RHODODENDRON 194-24114T. Peabody / Salem, Massachusetts RP 21 RHODODENDRON PJM PJM RHODODENDRON 2-211' SPD. LOAM 4 SEED \ ` SV I CA VC 6 VIDURNU'1 GARLE81 MAYFLOLLER NBURITI 2-211' H*. 66 PW 3S WS haueC fa RM 21 ROSA RIPARIA RVY"ESE ROSE MP-24' Hf. \ vR 26 VACT16 RIPARIA k*H5 &ANC GRAPE fiT.POT BANK WITH y . DEP Review ' ESD 21 VAGCMIU'I coRT'Meosu'M HIGHDU811 BLuF.BERRY 2-2t5' HT. - 'RICE CL4TGRA"3S \ ._ 5 GC._ . _ IBB `� ,( <<. U18 l8 F'OLTGG\,A3.1 AMF'HIDIUM WATER &MARTLLEED I fir. POT WS ._..-. PW 18 P 3JrTA IA CORDATA PICKDEEW RALR DU I GIT. POT 39 SR. -- _._� .. PLAN' 25 /R IN 8R is SAGITT16 A RIGIDA DEEPWATER ULRJ Por4ro 10T. POT OMEN AREAS 9V l8 SGIRFPU& VALIDl16 SGPT STEM BULRUSH 10T. POT - .I E 9 it 5 IVF .._ _ Drawing Tice L ALL PROPOSED PLANTING LOCATIONS SHALL DE STAKED CAREFULLY ' . / / Landscape � A6 SHOWN I N THE PLAINSTALLATION. FOR FIELD REVIEW DY THE LANDSCAPE ARCHITECT 3 ALL PLAIT MATERIALS SHALL DE 3LLgtWJTEED FOR ONE YEAR Plan PRIOR TO RJ6TA.LLATIgy FOLLOWRYa DATE OF FINAL .ACCEPTANCE. / 2. CONTRACTOR SHALL 'rEIFIFY LOCATIONS OF ALL UTILITIES 10 EXISTING TREES TO REMAIN BFIA.� DE PROTECTED WITH TEM OPtAW► � r AND NOTIFY OWNERS REPRESENTATIVE Q GGf•JFLIGt6. SNOW FENCE.ERECT 6NOW FENCE AT THE DRIP LRE OF THE TIRE. \ CONTRACTOR SHALL NOT STORE VEHICLES OR MATERIALS UTHRN THE J 3.NO PLANT MATERIALS &:,ALL Be INSTALLED WTIL ALL GRADWI AND LANDSCAPE AREA6. ANY DAMAGE TO EXISTING TREES 6H11aze OR LEANS CCNSTRUUCTION HAS BEEN COMPLETED M THE IMMEDIATE AREA. SHALL DE REPAIRED DY THE CONTRACTOR AT NO ADDITIONAL (COST TO THE OUTER 4. 3-MGH DEEP SHREDDED PINE MARK SHALL DE INSTALLED UNDER ALL TIRES AND SHRUBS, AND M ALL PLANTING REDS, AS SWOUN IL AREAS DESIGNATED 'LOAM 4 SEED' 814AL, RECEIVE 4" OF LCA," AFT: - ON THE PLANS, OR AS DIRECTED DY O04ER'8 REPRESENTATIVE, SPECIFIED SEED MIX LAL" OVER 3:1 SLOPE SHALL DE PROTECTED + WITH EROSION CONTROL FABItlC. Growing Number 5. ALL TREES SHALL BE BALLED AND BURLAPPED,UNLE86 OTHERWI&E : NOTED, OR APF'187YED DY THE OLLRER'8 REPRESENTATIVE. +�,S�AF MOfiFj U THE CONTRACTOR SHALL HAVE ALL FALL TRAINSPL.4NTRYs HAZARS A _ • PLANTS DUG M THE SPRING AND STORED FOR FALL PLANTING. •J' % w 6.FINA_ QUANTITY FOR EACH PLANT TYPE &HALL DE AS SHOWN ON THE y, ♦t ` PLAT. rH16 NUMBER $HALL TAKE PRECEDENCE IN CASE OF ANY 13. LOAM AND SEED DETENTION BASIN SLOPE UTH vi DISCREPANCY DETUUEEN GXLANTITIES BHCUN ON THE PLANT LIST AND RICE C7UTCaRA66 ILEERSIA CNYZOIDE6' c z ON THE F'L.41 ,�.y v _ T, ANY PROPOSED PLANT SUD6TITUTION6 M*T BE APPROVED M H. PLANT DETENTION BABA PLANTS M CLUSTERS OF THREE 1N j `? �a , , • \ Sheet of 4 LLRRRYa DY THE 00,ER'S REPRESENTATIVE, PLANTS,2 FEET ON CENTER \ r >(,., r 4... 6. ALL PLANT MATERIALS INSTALLED SHALL MEET OR EXCEED THE B• LOAM AND SEED ALL AREAS NOT OTHERUSE TREATED 7� I6. rH16 PLAN IT INTENDED FOR LANDSCAPING PUIER ONLY. PART PLAN - DETENTION BASIN LANDSCAPING 14 E BPEGIFIGATIOINB OF THE 'AMERICAN STANDARDS FOR NURSERY � P.c'prt Number - BTOQC° DY TSE N"IERIGAUd ASSOCIATION OF Nl1R8ERTMEI.1 RB°ER i0 SITE / CIVIL DRAUIYaB FOR ALL OTHER SGB IB: 1 =� SITE C"TIatGTION INFORMAT1OtL gyp' 03834.26 l3834LA.dwg c�l2Pi (�f1'J/2?J�GO'J'fiGIX�CG'//U� O� �'//Gcfi�CrG�f/�f/U� ^.zecailriz� �/ rye ry- �/1Cri/Z:� raif�r-�iryi� a�rrcl �o�n�f�c.fryi? a lei. %rrt/r _follair _!// 61-�;i/h . 9 ✓ Argeo Paul Cellucci Governor Patrick J. Moynihan September 25, 1997 Secretary and MBTA Chairman John R. Keilty, Esquire 40 Lowell Street Peabody, Massachusetts 01960 VIA FACSIMILE AND BY MAIL: Dear Mr. Keilty: This is to inform you of the scheduled hearing, pursuant to M.G.L. Chapter 40, Section 54A, for the application of Stop & Shop Supermarket Co., Inc. (file 997A-55) has been scheduled for Wednesday, October 29, 1997 at 11:00 a.m. at the Executive Office of Transportation and Construction, 10 Park Plaza, suite 3170, Boston, MA. Please be advised that the public hearing should be advertised in the local newspaper at least .once 21 days prior to the hearing. I have enclosed a sample hearing notice for your convenience. Please mail to me at the address above a tear sheet that includes the advertisement from the newspaper. If you have any questions regarding this matter, Please do not hesitate to call me at (617) 973-7013. Sincerely, Beth Boardman Deputy Director - Rail Unit cc: Ralph J. Gandolfo, Building Inspector- Peabody, MA Leo E. Tremblay, Building Inspector- Salem, MA Ref: 97A-55.shg Telephone(617) 973-7000 TDD (617)973-7306 Telefax(617) 523-6454 i� Argeo Paul Cellucci Governor Patrick J. Moynihan September 25, 1997 Secretary and META Chairman John R. Keilty, Esquire uire 40 Lowell Street Peabody, Massachusetts 01960 VIA FACSIMILE AND BY MAIL: Dear Mr. Keilty: This is to inform you of the scheduled hearing, pursuant to M.G.L. Chapter 40, Section 54A, for the application of Stop & Shop Supermarket Co., Inc. (file #97A-55) has been scheduled for Wednesday, October 29, 1997 at 11:00 a.m. at the Executive Office of Transportation and Construction, 10 Park Plaza, suite 3170, Boston, MA. Please be advised that the public hearing should be advertised in the local newspaper at least once 21 days prior to the hearing. I have enclosed a sample hearing notice for your convenience. Please mail to me at the address above a tear sheet that includes the advertisement from the newspaper. If you have any questions regarding this matter, Please do not hesitate to call me at (617) 973-7013. Sincerely, iz j Beth Boardman Deputy Director- Rail Unit cc: Ralph J. Gandolfo, Building Inspector- Peabody, MA Leo E. Tremblay, Building Inspector- Salem, MA Ref: 97A-55.shg Telephone(617)973-7000 TDD (617)973-7306 Telefax(617) 523-6454 -n Z4 IE RETAINED ON JOB AND THIS CARD KEPT I WHERE APPLICABLE SEPARATE SPECTION HAS BEEN MADE, WHERE A PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND NCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. FINAL INSPECTION HAS BEEN MADE. ' IS VISIBLE FROM STREET 3PECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 CTION APPROVALS FIRE DEPT.INSPECTING APPROVALS 1 2 AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. July , 1997 James J. Kerasiotes, Secretary Executive Office of Transportation And Construction Ten Park Plaza Room 3170 Boston, MA 02116-3969 Attn: Office of the General Counsel Re: Peabody and Salem, Massachusetts Dear Secretary Kerasiotes: The Stop & Shop Supermarket Company has informed me it will request a permit to build a supermarket off of Howley Street located, in part, in Peabody and, in part, in Salem, Massachusetts. In accordance with Massachusetts General Laws, Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC). I hereby request that a public hearing be held for The Stop & Shop Supermarket Company to determine whether consent will be granted by EOTC to construct a Super Stop & Shop on or adjacent to a former railroad property. Very truly yours, LeoXTremblay, Build' r City of Salem UT/emb SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI,JR. 508-744-0212 JOHN E. DARLING 6t7-581-2743 ELLEN M. WINKLER TELECOPIER JOSEPH C. CORRENTI 5 0 8 741-4 6 03 August 25, 1997 VIA HAND DELT VERY Mr. Leo Tremblay Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: The Stop & Shop Supermarket Company Dear Leo: Jack Keilty, the Peabody attorney handling this matter for Stop & Shop in Peabody, needs a new signed copy of this letter which you had previously sent. If you could simply put it in an envelope with Jack Keilty's name on it, he will stop by and pick it up at some point. Sincerely, /tel d) John R. Serafini, Sr. sc Enclosure File: 5178 9201 w ai#ti IIftt1Em, ttstzrl2usk�## 3-s•: ;..,�r Planning Pnttrb err ZZ 3 PN 197 CITY Cf rALF". PASS Qie $afem (Sreen CLF fiK's OFFICE DECISION Site Plan Review Special Permit Van Waters & Rogers, Inc. C/O Attorney John Serafini, Jr. 63 Federal Street Salem, MA 01970 RE: Van Waters and Rogers, Colonial Road On Thursday,July 24, 1997, the Planning Board of the City of Salem opened a public hearing regarding the application of Van Waters and Rogers, under Section 7-18, Site Plan Review of the Salem Zoning Ordinance, with respect to property located at Colonial Road. The proposed project involves three existing buildings on the site. Two buildings are proposed to be demolished and the third building, the Cressey-Dockham Building, will be reduced in size and reconfigured to serve a consolidated operation. In addition, a new above-ground bulk liquid storage facility is to be constructed in a fully-contained concrete basin at the south end of the warehouse. This facility will replace the existing underground storage tanks that are required to be removed by the end of 1998. The public hearing was closed on September 18, 1997, and at a regularly scheduled meeting of the Planning Board held on September 18, 1997, the Board voted by a vote of seven(7) in favor, none opposed, to approve the application as complying with the requirements of Section 7-18, subject to the following conditions: 1. Conformance with Plan Work shall conform with set of plans entitled, "Van Waters & Rogers-Salem Facility, Salem, MA", dated May 30, 1997, revised through September 18, 1997, containing five(5) sheets, labeled A-01 through A-05, prepared by Osborn Architects, 880 East Broadway, Glendale, CA 91205. 2. Amendments Any amendments to the Site Plan or waiver of conditions contained within shall require the approval of the Planning Board. 3. Utilities A. Utility plans as submitted shall be stamped by a Registered Professional Engi,rpet licensed by the Commonwealth of Massachusetts prior to the issuancof.a Brei{ding Permit. ` y B.Utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. 4. Site Lighting All site lighting shall be installed and maintained in such a way so as to not reflect or cause glare on abutting properties, or which adversely affect safe vision of operators of vehicles moving on nearby streets. 5. Landscaping A. All landscaping shall be done in accordance with the approved set of plans. B. Trees shall be a minimum of 3 %:" caliper. C. The Applicant shall work with the owners of the abutting property on Colonial Road to upgrade the entrance road, from Jefferson Avenue. The upgrade shall include new paving and appropriate striping. D. After all project landscaping is completed, and prior to the issuance of the final Certificate of Occupancy , the Applicant shall be required to add further landscaping if such is required by the City Planner. 6. Haiag The Applicant agrees that the rooftop equipment will not result in noise exceeding 3 decibels above ambient, as measured at the nearest residential dwelling unit between 12:00 A.M. and 4:00 A.M., between June 1 and September 1, 1998, or the year of final completion of construction. If it is determined that the noise generated exceeds this level, the Applicant shall be required to install appropriate muffling and screening as determined by the City Planner. 7. Board of Health All requirements of the Board of Health Decision shall be strictly complied with. 8. Fire Department All work shall comply with the requirements of the Salem Fire Department. 9. Building Inspector All work shall comply with the requirements of the City of Salem Building Inspector. 10. Conservation Commission r nof C F� The Applicant shall comply with all requirements of the Salem Ctdrl'serv'k& Commission. 11. Clerk of Works The City's Clerk of Works shall be on site as deemed necessary by the City Planner. The Applicant shall be billed.by the Planning Department at a rate of$20 per hour for this service. 12. Maintenance A. Refuse removal, ground maintenance and snow removal shall be the responsibility of the Applicant. B. Winter snow in excess of snow storage areas on the site shall be removed off site. 13. Construction Practices All construction shall be carried out in accordance with the following conditions: A. No work shall commence before 8:00 A.M. on weekdays and Saturdays. No work shall continue beyond 5:00 P.M. There shall be no work conducted on Sundays and holidays. Inside work of a quiet nature may be permitted at other times. B. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to the commencement of construction. Notification shall also be submitted to the Planning Department. C. Maintenance of all landscaping shall be the responsibility of the applicant, his successors or assigns. D. All construction shall be carried out in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. 14. Violations Violation of any condition of this Decision may result in revocation of this permit by the Planning Board. J )rr 12 3 Pi1 '91 CIiY G{. -1,1 F- CF55 I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty(20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed under the name of the owner of record or is recorded on the owner's Certificate of Title. The fee for recording or registering shall be paid by the owner or applicant. Walter B. Power, III s' D Chairman bdfVanwatersdec. CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes ❑ No REFERRAL FORM Cons. Comm. Yes ❑ No SRA Yes ❑ No Date: Address: C Complaint: o n z' /� i S 2 �� _� /✓<ycr-:h ��C /Cc P !gyp Complainant: Phone#: Address of Complainant: BUILDING INSPECTOR FIRE PREVENTION ELECTRICAL DEPARTMENT HEALTH-DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARDO iUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SF WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTIO Weston & Sampson " - / Five ertfet " Peabody,Massachussetts 0196196 0-79857985 E N G I N E E R S , I N C . - Tel:,(508)532-1900 Fax:(508)977-0100 IxEnvironmental Consultants since 1899 May 28, 1997 Peabody, Massachusetts . WSE;Job No. 96006.A Public Property Department " City of Salem 1 Salem Green Salem, Massachusetts 01970 Re: Coolidge Avenue W.T.F.Contract #3 Peabody, Massachusetts Attention: Mr. Leo E. Tremblay, Building Commissioner Dear Mr. Tremblay, This is to follow up on your request for a letter during your inspection on this date at the site of the Cedar Grove Reservior in the City of Peabody, Massachusetts. This is to.confirm that the work undertaken and completed by Methuen Construction Co.,'Inc. for the City.of Peabody has been constructed in accordance with the contract bid documents and / construction drawings asprepared by Weston & Sampson Engineers. All work performed was observed by representatives of Weston & Sampson- Engineers either directly or under, my supervision. I trust above meets your requirements for the work performed and if you have any questions, do not hesitate to contact us. Very truly yours, WESTON & SAMPSON ENGINEERS Richard W. Crow,.Sc Chief Resident Representative cc: John A. Hume, PE " Bruce Adams, PE -Distribution a� Peter.Smyrnios - City of:Peabody Methuen Construction Co. . . r. :. Field"File Contract#3 Officers: Leo P.Peters, Michael J.Hanlon Alan M.Silbovitz Peter M.Smith Francis W.yanuskleMcz Patrick J.Connelly Paul G,Sutton John D.Jolls Associates: Ranthus B.Fouch,III-Kenneth W.Carlson Prosanta K.Bhunia Michael J.Scipion, Argeo Paul Cellucci Governor Patnck J. Moynihan September 25, 1997 Secretary and MBTA Chairman John R. Keilty, Esquire 40 Lowell Street Peabody, Massachusetts 01960 VIA FACSIMILE AND BY MAIL: Dear Mr. Keilty: This is to inform you of the scheduled hearing, pursuant to M.G.L. Chapter 40, Section 54A, for the application of Stop & Shop Supermarket Co., Inc. (file #97A-55) has been scheduled for Wednesday, October 29, 1997 at 11:00 a.m. at the Executive Office of Transportation and Construction, 10 Park Plaza, suite 3170, Boston, MA. Please be advised that the public hearing should be advertised in the local newspaper at least once 21 days prior to the hearing. I have enclosed a sample hearing notice for your convenience. Please mail to me at the address above a tear sheet that includes the advertisement from the newspaper. If you have any questions regarding this matter, Please do not hesitate to call me at (617) 973-7013. Sincerely, iz Beth Boardman Deputy Director- Rail Unit cc: Ralph J. Gandolfo, Building Inspector - Peabody, MA Leo E. Tremblay, Building Inspector - Salem, MA Ref.: 97A-55.shg Telephone(617)973-7000 TDD (617)973-7306 Telefax(617) 523-6454 JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 FACSIMILE (508) 531-2479 July 22, 1997 Via Hand Delivery Mr. Leo Tremblay Building Inspector City of Salem 1 Salem Green Salem, MA 01970 Re: Stop & Shop, Howley Street, Peabody & Salem, MA Dear Mr. Tremblay: Enclosed please find proposed letter to the Executive Office of Transportation and Construction to be forwarded to the Secretary in conjunction with requirements of M.G.L. Chapter 40, Section 54(A), the issuance of a Building Permit for property adjacent to a railroad right of way. If you would kindly execute the same, I will forward it to Robert Davis of Goulston& Storrs for inclusion in a package to the Department. Very truly yours, i i John R. Keilty, E uire JRK/emb Enclosure Titu of Jn1em, Massar4usietts Public Prapertil Department Illuilaing department lone dalem Green SOB-745-9595 €xt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1997 James J . Kerasiotes , Secretary Executive Office of Transportation and Construction Ten Park Plaza Room 3170 Boston, Mass . 02116-3969 Attn: Office of the General Counsel Re : Peabody and Salem, Massachusetts Dear Secretary Kerasiotes: The Stop & Shop Supermarket Company has informed me it will request a permit to build a supermarket off of Howley Street located, in part , in Peabody and , in part, in Salem, Massachusetts. In accordance with Massachusetts General Laws , Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC) . I hereby request that a public hearing be held for The Stop & Shop Supermarket Company to determine whether consent will be granted by EOTC to construct a Super Stop & Shop on or adjacent to a former railroad property. Very �truly ,yau)s , Leo E . Tremblay 7inSsInspector ofB LET: scm Chi#u of ttlenl, 'VaseadjuBrIts PIarating *arb JREr � (19ne �alem (preen n c _ rn DECISION G cc Wetlands and Flood Hazard District �,:• co Special Permit r The Stop & Shop Supermarket Company �a c/o Atty. John R. Serafmi, Sr. 9 63 Federal Street Salem, MA 01970 On Thursday,November 16, 1995,the City of Salem Planning Board held a public hearing which was duly noticed and advertised in the Salem Evening News on November 2, 1995, and November 9, 1995, under Section 7-16, Wetlands and Flood Hazard District Special Permit of the Salem Zoning Ordinance, at the request of the Stop and Shop Supermarket Co. and John C. Jeffers to explore the effects of the construction of a commercial building,relocation of an industrial building and maintenance of certain residential uses as a planned unit development on land of approximately 7.25 acres in Salem and Peabody. The proposed work is located at Howley and Boston Streets and is located within the Buffer Zone and Flood Hazard District Zone A. Following comments from the public and Board members, the Board voted on November 16, 1995 to close the public hearing. On November 16, 1995,the Planning Board voted by a vote of six (6) in favor, none opposed,to approve the application as complying with the requirements of a Special Permit and to issue the Wetlands and Flood Hazard District Special Permit subject to the conditions of the Planned Unit Development Special Permit approved by the Planning Board on March 23, 1995 and the Order of Conditions (#64-238) issued by the Salem Conservation Commission on October 4, 1995, and/or any Superseding Order of Conditions. The Planning Board, after due deliberation and consideration, makes the following finding of fact: 1. The proposed use complies in all respects to the uses and provisions of the underlying PUD District in which the land is located. 2. In a 1, 5 or 10 year flood event, vehicular and pedestrian movement throughout the site and in relation to adjacent streets and property is adequate for safety and convenience. 3. All utilities are located and shall be constructed so as to prevent any damage due to flooding of the site. 4. The cumulative effect of the project at build-out results in no decrease of floodwater storage capacity on the site and no negative impact on flood flow from the site. There will be no adverse impact as to groundwater resources or increased stormwater runoff velocity on other properties as a result of the project. 5. The proposed development shall not include the storage of salt, chemicals, petroleum products or other contaminating substances or discharge of any polluting .liquids or materials into streams, brooks or wetlands. 6. The floor levels of work spaces to be occupied at the site are four (4) feet or more above the seasonal high water table. 7. The floor level of the lowest floor of new construction at the site is at or above the one hundred year flood level. The Special Conditions are as follows: PUD Special Permit 1. Conformance with Plans All work shall conform to the following plans: a. "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop Supermarket, by Eastern Land Survey Assoc., Inc., dated June 15, 1993, revised April 20, 1994. b. "Landscape Plan", Sheet 1 of 1, prepared by Vanasse Hangen Brustlin, Inc. dated 12/1/93, revised 12/19/93 and 3/8/95. 2. Overnight Storage of Trucks There shall be no overnight storage of trucks on the Stop & Shop portion of the PUD. 3. Off-Hour Deliveries All truck deliveries to the PUD shall be limited to the hours of 7:00 A.M. - 11:00 P.M. 4. Off-Hour Refuse Collection All refuse collection at the PUD shall be restricted to the hours of 7:00 A.M. - 11:00 P.M. 5. Site Lighting There shall be no direct lighting of adjacent residential properties. a. Site lighting shall be designed to provide adequate site security, while at the same time, providing a shield to guard against glare in surrounding residences. b. A detailed foot candle diagram shall be submitted to the Planning Department. Such plan shall be reviewed and approved in writing by the City Electrician and the City Planner prior to the issuance of a Certificate of Occupancy. 6. Hours of Operation The hours of operation for Stop & Shop shall be 6:00 A.M. - 11:00 P.M. Any amendment to these hours of operation shall be subject to the approval of the Salem City Council in conformance with Section 7 3/4 -3, "Retail Business Establishments - Hours of Operation", of the City of Salem Code of Ordinances. In addition, any amendments to hours of operation shall require the approval of the Salem Planning Board. The hours of operation for Jeffers Lumber shall be in conformance with applicable City Ordinances. 7. Signage The Applicant shall submit a detailed sign package for the entire PUD site to be reviewed and approved in writing by the City Planner prior to the issuance of any Certificate of Occupancy in the PUD. 8. North River Bicycle/Walking Trail a. The Applicant shall clean debris from the North River Canal, for the entire length of its property. Such cleaning shall be repeated annually, in perpetuity, with notice of said cleaning to be provided to the Salem Planning Department. All obvious debris shall be removed immediately. b. The Applicant shall contribute $25,000 to the City of Salem toward the construction of the pedestrian/bicycle trail in conformance with the recently completed city-wide Walking Trail Plan prepared by the Planning Department and submitted to the Massachusetts Highway Department. The Applicant's involvement shall be contingent upon the Salem Trail Plan being included on the Transportation Improvement Program (TIP) of the Massachusetts Highway Department. 9. Historical and Archaeological Review The Applicant shall conduct a reconnaissance archaeological and historical survey (including a historic building survey) as required by the Massachusetts Historical Commission(MHC), the Salem Historical Commission and any and all requirements of the Environmental Impact Report filed with MEPA. 10. Harmony Grove Road "Hillside" Clean-up Stop & Shop shall pick up litter and trash from the hillside of the privately-owned properties along Harmony Grove Road, to the property line of Salem Oil and Grease, provided that permission is granted by the private property owners. Written permission of the owners will be submitted to the Planning Department directly by the owners. Such clean-up shall be repeated annually, with notice of the dates of clean-up to be provided to the Salem Planning Department and to each of the property owners fourteen(14) days in advance of the clean-up date. Stop & Shop shall not be liable or responsible for the clean-up of any materials dumped on these private properties nor shall Stop & Shop be responsible for or required to remove any debris which may be hazardous or require special disposal or clean-up pursuant to Massachusetts General Laws. 11. Drainage The Applicant shall submit a revised drainage plan to the Planning Department depicting the recommendations of City Engineer Charles Quigley outlined in a memo dated March 3, 1995. No portion of any land extending more than thirty(30) feet into any R-2 Zoning District from the I/R-2 Zoning District boundary line may be used as part of this project and therefore, no portion of the revised drainage system shall encroach more than thirty(30) feet into the R-2 Zoning District. The revised drainage plan shall be reviewed and approved in writing by the City Planner and the City Engineer prior to the issuance of a Building Permit. 12. TTr ff i a. Howley/Walnut Street The Applicant shall design and construct traffic improvements at the Howley and Walnut Streets intersection in accordance with plan entitled "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15, 1993, revised April 20, 1994. b. Howley Street The Applicant shall widen Howley Street in accordance with plan entitled, "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15, 1993, revised April 20, 1994. C. Howley/Main Street Intersection The Applicant shall install a traffic signal and associated traffic improvements at the intersection of Howley and Main Street, in accordance with the plan entitled "Proposed Supermarket Peabody and Salem, MA" sheets 1-17, prepared for Stop & Shop by Eastern Land Survey Assoc., Inc., dated June 15, 1993, revised April 20, 1994, prior to the issuance of a Certificate of Occupancy. Prior to the issuance of any Building Permit, the Applicant shall obtain a written commitment from the Mayor of the City of Peabody allowing the traffic signal and the associated traffic improvements to be installed at Howley/Main Street to be coordinated and integrated with the proposed improvements which will be undertaken on Boston Street by the City of Salem and the Massachusetts Highway Department. d. Boston Street The Applicant shall provide the City of Salem with $150,000 to be used to complete design and construction documents for the reconstruction of Boston Street. The $150,000 shall supersede and is in lieu of the $100,000 included in the Mayor's Mitigation Package for Boston Street Traffic Improvements. Such design shall include Boston Street, from the Howley and Main Street intersection in Peabody, continuing to the Boston and Bridge Street intersection. The design plans shall support the recently announced, State-funded improvements on Boston Street and shall include, but not be limited to resetting of curbing, new sidewalks, tree plantings, and a coordinated, computer controlled hardwired traffic signal system along the length of Boston Street from Howley Street to Bridge Street. The written commitment from the Mayor of Peabody received in condition No. 12(c) shall be utilized to include the Howley Street signal in this design. e. Neighborhood Traffic Study The Applicant shall provide the City of Salem with $30,000 to complete an Entrance Corridor Study which shall define potential improvements to the Harmony Grove Road and North Street entrance corridors. Included in such study shall be definition of methods to improve traffic safety in the neighborhoods which abut North and Boston Streets. f. Mason Street. Grove Street, Harmony Grove Road Intersection Upon completion of the Neighborhood Traffic Study, the City shall commit $20,000 toward design of a traffic signal at the Mason Street, Grove Street, and Harmony Grove Road intersection. 13. Neighborhood Improvements The Applicant shall provide the City of Salem with $25,000 to fund Neighborhood Improvements in the area surrounding the proposed development. The Planning Department shall create an ad-hoc advisory group of neighbors to determine the most appropriate expenditure of these funds. 14. Landscaping a. Landscaping shall conform with Landscape Plan dated 12/1/93, revised 12/19/93 and 3/8/95, prepared by Vanasse Hangen Brustlin, Inc. except as specified in condition No. 14(g). b. All curbing within the entire PUD parking area shall be vertical concrete. All curbing at the Stop & Shop entrance and exit drives shall be vertical granite curb. C. The sidewalk which will be installed the entire length of Howley Street shall be vertical granite curbing with concrete walkways. d. The proposed row of white pines planted adjacent to the Peabody Cemetery shall be staggered to provide more complete screening. The proposed chain link fence shall be changed to a wooden fence. A detailed plan of the proposed wooden fence shall be submitted to the Planning Department for review and written approval by the City Planner prior to the issuance of any Building Permit for the PUD. e. Landscaping plan shall be amended to include the addition of islands at both ends of all aisles within the Stop & Shop parking lot. The revised plan for the islands shall include two (2) trees per island in addition to the shrubs as shown on the plan. f. All trees for the project shall be a minimum of three and one-half inch (31/2") caliper. g. A new planting plan which illustrates each of the amendments proposed in condition No. 14 shall be submitted to the Planning Department within ninety (90) days of approval of this decision and such plan shall be approved in writing by the City Planner. h. After all project landscaping is completed, and prior to the issuance of a Certificate of Occupancy for the Stop & Shop building, the Applicant shall be required to add further landscaping if such is required by the City Planner. I. Maintenance of all landscaping shall be the responsibility of the applicant, his successors or assigns. 15. Noise Mitigation a. All rooftop equipment shall be screened with the construction of a building parapet and twelve (12) foot high acoustical screens around the store's roof top equipment. Stop & Shop shall submit catalog cuts of the selected panel to the Planning Department for review and written approval prior to issuance of a Building Permit. b. Stop & Shop shall utilize rooftop refrigeration condenser fans which operate at a fan speed of 850 RPM. C. If all appropriate permission from abutters is obtained, then all noise mitigation shall conform with the landscape plan (dated 12/1/93, revised 12/19/93) and the Illustrative Sections Plan (dated 10/6/94) prepared by Vanasse Hangen Brustlin, Inc. In addition, work shall conform with the scaled plan and elevation figures prepared by Tech Environmental, Inc. (dated January 30, 1995). d. Stop & Shop agrees that the noise levels including those emanating from the store's mechanical equipment will not exceed 44 dB(A) during the quietest overnight period (defined as midnight to 6:00 A.M.) as measured in the backyard of a residence abutting the site. Permission to measure in the backyard must be obtained from the resident prior to any sound level measurements. Upon completion of the project, a sound level test shall be performed during the period of the first June 15-September 15 which follows the opening of the store, at the request of the Planning Department by a professional sound engineer, to be paid for by Stop & Shop, to ensure that the noise level does not exceed 44dB(A). The methods of undertaking the sound level test shall be approved by the Planning Department and reviewed and commented upon by Stop & Shop. A written report of the sound level test shall be submitted to the Planning Department. A representative of Stop & Shop may be present to conduct or observe the sound level testing. If post construction, noise levels exceed 44dB(A), Stop & Shop shall provide whatever mitigation is deemed necessary to reduce the nighttime noise level to 44dB(A). The Planning Board acknowledges that this condition may be more stringent than the Board of Health approval dated December 14, 1994 referenced in paragraph 20 of this decision. e. Stop & Shop shall post a bond or place in escrow an amount of$50,000 for a period of 18 months following the issuance of a Certificate of Occupancy. This amount may be used by the City of Salem to design and install mitigation measures if necessary. 16. Building Materials Elevation drawings of the new or reconstructed buildings in the PUD shall be provided which indicate the building materials which will be used. The elevation drawing shall be approved in writing by the City Planner prior to the commencement of construction in the PUD. 17. Maintenance a. The Applicant shall employ an acceptable method or means for the holding and disposal of trash (rubbish) during site development with a copy of this method sent to the Planning Department and Health Department in writing for their written approval. b. Refuse removal, ground maintenance and snow removal shall be the responsibility of the Applicant, his successors or assigns except that the City will be responsible for the trash removal for the residential dwellings. C. Winter snow and ice maintenance process shall be approved in writing by the City Engineer. d. Winter snow in excess of the snow storage areas shall be removed off site. 18. Community Set Aside The Applicant shall donate $100,000 to the City of Salem to undertake community improvement projects. Such funds shall be used at the discretion of the Mayor to assist the City in off-setting the increase of water and sewer rates in conjunction with the construction of the South Essex Sewerage District Secondary Treatment Plant. 19. Summer Jobs Program Stop & Shop shall create a Neighborhood Summer Jobs Program which will give preference to hiring neighborhood youth for temporary summer employment. Evidence of such program shall be provided in writing each year to the City Planner. 20. Board of Health All conditions in the Board of Health decision dated December 14, 1994 are hereby incorporated into this Decision. 21. Clerk of Works A clerk of the works shall be provided at the expense of the applicant as deemed necessary by the City Planner. 22. Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall commence before 8:00 A.M. on weekdays and Saturdays. No work shall continue beyond 5:00 P.M. There shall be no work conducted on Sundays and holidays. Inside work of a quiet nature may be permitted at other times. b. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. 23. As-Built Plans As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be submitted to the Planning Department and Engineering Department prior to the issuance of a Certificate of Occupancy for Stop & Shop. 24. General a. Upon request of the Applicant, and following a public hearing, any provision of this Special Permit may be waived or amended by a 2/a vote of the Planning Board. 25. Violations Violations of any condition contained herein shall result in notice being served on the Applicant to appear before the Planning Board at its next regularly scheduled meeting. If it is determined by the Planning Board that a violation of any of the conditions has occurred, and if corrective action is not immediately forthcoming, this may result in revocation of this permit by the Planning Board. Order of Conditions#64-238 1. All work shall conform to the above-referenced Notice of Intent(NOI), site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice Of Intent (NOI). 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project,the applicant shall submit, with the request for a Certificate of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed, in accordance with the requirements of this Order of Conditions,the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale and silt fence barrier shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale and silt fence barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 100 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. All catch basins and pipes shall be fitted with oil and gas traps. A regular cleaning and structural maintenance schedule for catch basins, manholes, and pipes shall be developed and submitted for Conservation Commission approval. 9. * All catch basins, manholes, and pipes shall be cleaned four (4) times per year in December, March, May and September. Certificates of Inspection shall be submitted to the Conservation Commission within 15 days of such cleaning. 10. Notice shall be given to this Commission no more than 2 weeks nor less than 2 days prior to the initial start-up of construction activities. Said notice shall include, in writing, the name(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 11. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur downgradient of the staked haybale line. 12. All disturbed soils shall be immediately and similarly re-vegetated upon completion of construction activities or shall be mulched until the next growing season. Hydroseeding will be initiated no later than September 15. 13. * Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the resource area. 14. A plan for landscaping and maintenance of vegetation for the buffer zone shall be developed and submitted for Conservation Commission approval prior to commencement of work. 15. *The Applicant shall sweep the parking lot four (4) times/week, weather permitting. 16. *There shall be no storage of rock salt or sand on the site. 17. *Lower sodium de-icing chemicals shall be used on all paved surfaces. 18. All erosion control measures and drainage structures shall be in place prior to the paving of the parking lot. 19. The Applicant shall submit a construction timetable to the Conservation Commission for their written approval ninety (90) days prior to commencement of construction. 20. *The Applicant shall manually clean debris from the North River Canal, for the entire length of its property. The clean-up shall be done from outside the bank of the river. No heavy equipment shall enter on the bank. Such cleaning shall be repeated annually, in perpetuity, with notice of said cleaning to be provided to the City of Salem Planning Department. All obvious debris shall be removed immediately. 21. *The Applicant shall pick-up litter and trash along the river, from its property line to the property owned by Salem Oil and Grease, provided that permission is granted by the private property owners. Such clean-up shall be repeated annually, with notice of the dates of clean-up to be provided to the Salem Planning Department fourteen (14) days in advance of the clean-up date. Stop and Shop shall not be liable or responsible for the clean-up of any materials dumped on these private properties nor shall Stop and Shop be responsible for or required to remove any debris which may be hazardous or require special disposal or clean-up pursuant to Massachusetts General Laws. *Ongoing conditions that do not expire upon issuance of a Certificate of Compliance. I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The fee for recording or registering shall be paid by the owner or applicant, his successors or assigns. Walter B. Power, III s.o Chairman �� , ��,�;, u� «- �`y GcI 6;11-lb ".Mull- ;Il. J July_, 1997 James J. Kerasiotes, Secretary Executive Office of Transportation And Construction Ten Park Plaza Room 3170 Boston, MA 02116-3969 Attn: Office of the General Counsel Re: Peabody and Salem, Massachusetts Dear Secretary Kerasiotes: The Stop & Shop Supermarket Company has informed me it will request a permit to build a supermarket off of Howley Street located, in part, in Peabody and, in part, in Salem, Massachusetts. In accordance with Massachusetts General Laws, Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC). I hereby request that a public hearing be held for The Stop & Shop Supermarket Company to determine whether consent will be granted by EOTC to construct a Super Stop& Shop on or adjacent to a former railroad property. Very truly yours, Leo J. Tremblay, Building Inspector City of Salem LJT/emb 40/54A FACT SHEET INITIATED BY: Beth Boardman, Deputy Director - Rail Division FILE NUMBER: 97A-55 TOWN: Peabody / Salem, MA APPLICANT: The Stop & Shop supermarket Company PROPOSED PROJECT: To construct a building for Commercial use (supermarket). PROJECT LOCATION: The project site is on the Salem and Peabody Line, but the entrance to the site is off of Howely Street in Peabody, MA. NAME OF RIGHT OF WAY: Danvers Branch PARCEL IS: RIGHT OF WAY IS: Part of R.O.W. Active Adjacent to R.O.W. Inactive Abandoned POLLING RESULTS: ( Pending ) HEARING DATE: Wednesday. October 29. 1997 at 11:00 a.m. COMMENTS: ( Reference attached plans ) The project site encompasses land formerly of the Boston and Maine Railroad Corporation (B&M) and is adjacent to an active freight line (Danvers Branch), operated by Guilford Rail Systems. The entire development area is comprised of approx. 7.54 acres, of which 10,466 square feet is former railroad land. This land was acquired from the B&M in Feburaury 25, 1994, by the present owner (Stop & Shop Supermarket Co., Inc.). 40/54A FACT SUET INITIATED BY: Beth Boardman, Deputy Director - Rail Division FILE NUMBER: 97A-55 TOWN: Peabody / Salem, MA APPLICANT: The Stop & Shop supermarket Company PROPOSED PROJECT: To construct a building for Commercial use (supermarket). PROJECT LOCATION: The project site is on the Salem and Peabody Line, but the entrance to the site is off of Howely Street in Peabody, MA. NAME OF RIGHT OF WAY: Danvers Branch PARCEL IS: RIGHT OF WAY IS: Part of R.O.W. X Active Adjacent to R.O.W. Inactive Abandoned POLLING RESULTS: ( Pending ) HEARING DATE: Wednesday. October 29. 1997 at 11:00 a.m. COMMENTS: ( Reference attached plans ) The project site encompasses land formerly of the Boston and Maine Railroad Corporation (B&M) and is adjacent to an active freight line (Danvers Branch), operated by Guilford Rail Systems. The entire development area is comprised of approx. 7.54 acres, of which 10,466 square feet is former railroad land. This land was acquired from the B&M in Feburaury 25, 1994, by the present owner (Stop & Shop Supermarket Co., Inc.). 40/54A FACT 4HF.F.T INITIATED BY: Beth Boardman, Deputy Director. - Rail Division FILE NUMBER: 97A-55 TOWN: Peabody / Salem, MA APPLICANT: The Stop & Shop supermarket Company PROPOSED PROJECT: To construct a building for Commercial use (supermarket). PROJECT LOCATION: The project site is on the Salem and Peabody Line, but the entrance to the site is off of Howely Street in Peabody, MA. NAME OF RIGHT OF WAY: Danvers Branch . PARCEL IS: RIGHT OF WAY IS: Part of R.O.W. X Active Adjacent to R.O.W. Inactive Abandoned POLLING RESULTS: ( Pending ) HEARING DATE: Wednesday. October 29. 1997 at 11.00 a.m. COMMENTS: ( Reference attached plans ) . The project site encompasses land formerly of the Boston and Maine Railroad Corporation (B&M) and is adjacent to an active freight line (Danvers Branch), operated by Guilford Rail Systems. The entire development area is comprised of approx. 7.54 acres, of which 10,466 square feet is former railroad land. This land was acquired from the B&M in Feburaury 25, 1994, by the present owner (Stop & Shop Supermarket Co., Inc.). �✓� � �� �k�� Tito of t*ttlem, massac4uoetto Public Prapertg Bepartment Nuilbing Mepartment (One Salem 4*rern 500.745-9595 fid. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1997 James J . Kerasiotes , Secretary Executive Office of Transportation and Construction Ten Park Plaza Room 3170 Boston, Mass . 02116-3969 Attn: Office of the General Counsel Re : Peabody and Salem, Massachusetts Dear Secretary Kerasiotes : The Stop & Shop Supermarket Company has informed me it will request a permit to build a supermarket off of Howley Street located, in part, in Peabody and , in part , in Salem, Massachusetts . In accordance with Massachusetts General Laws , Chapter 40 , Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC) . I hereby request that a public hearing be held for The Stop & Shop Supermarket Company to determine whether consent will be granted by EOTC to construct a Super Stop & Shop on or adjacent to a former railroad property. Very truly Y1117 S , Leo E . Tremblay Inspector of Bui ings LET: scm