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34 BRIDGE STREET - LAGONAKIS, NONDAS - ZBA ,?.�--Bridge Street Crete Realty Tr (petitioner) Nondas Lagonakis (owner) M I c=5-- �r- g� this should be 34 Bridge St. no abutters needed for this - petitioner put 26 Bridge but we checked and it should be 34. y- our hour period. Vehicles, Trailers , Boats and me. rhood Business " uses for R-2 and R-3 Districts , rictions specified for such g municipal buildings and swim- Stations, subject to the ction VII B. ded from this Category are : Permit" uses specifically ex- R-C, R-1, R-2 , and R-3 Districts , rmarl;ets" . or Vehicles, Trailers , Boats , and same. Via," Business mit" uses for R-2 and R-3 Districts , estrictions specified for such us,- -s-ler and boat sales, and service . .'34 legal leg jc-c67 02 8 e 0905 84 0 CITY OF SALEM 'k BOARD OF APPEAL { - i�".45.0215 ff Will hold a Public Hearing for all persons in- terested in the Petition submitted by Nondas Lagonakis an appeal for an administrative rul. ing on the decision to issue a building per to Kenneth Surrette to build a new building at 34 Bridge St. after existing building was demolish= ed (B-2 District). Said hearing-will be held Wednesday, September 12, 1984 at 7:00 P.M. at One Salem Green,2nd floor. - - - - SCOTT E.CHARNAS,Secretary August 29; September 5, 1984 �3�JARO OF` ASSESSORS eT 93 WASHINGTON STREET, CITY HALL,SALEM, MASSACHUSETTS 01970 (617) 744-0660 36 • AUGUST 9, 1984 ft�CG'�E° SASS MAP 37 LOT 22 CLS'( OF SQA ABUTTERS TO: 26 BRIDGE ST. ASSESSED OWNER: CRETE REALTY TRUST NONAS LAGONAKIS, TR. MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS 37 21 34 Bridge St. John D. Spinale 11 High St., Salem 37 20 38� Bridge St. " O it u if It It 36 210 40 Bridge St. Pilgrim Motel, Inc. Same as location 37 19 38R Bridge St. New England Power Co. 25 Research Avenue Att. Prop. Tax Dept. Westborough, MA 01581 37 23 13 Thorndike St. Thomas E. Holak c/o Beverly Savings Bank Judith A. Holak Beverly, MA 01915 37 24 15 Thorndike St. Dorothy E. Gustafson Same as location 37 25 21 Thorndike St. Paul A. & Elaine C. Tierney Same as location 37 33 2 Thorndike St. William M. Cosgrove Joseph M. Cosgrove Same as location 37 32 6 Thorndike St. Theresa M. Engdahl Same as location 37 79 29 Bridge St. Almas Realty Trust c/o Baybank Middlesex Edward S. Menzoian, Tr. Beverly, MA 01915 37 78 27 Bridge St. James F. Manning & Dorothy V. Diluiso & Charles Diluiso Same as location 37 77 25 Bridge St. Jean R. & Evelyn G. Palardy Same as location 36 230 31 Bridge St. Arnold Alford c/o Sure Oil 31 Southwest Cutoff Att. Mr. Conte Worcester, MA 01604 i I 'I 3 ED /' r/ % 4^ O•Y., .:.,_ _oc_� :'. / jcr-`$ moo - i i c ti �Ml Zia n. O X936-L mssQ, 3�°�• 2s> l . `ao ! �I � 4 fee c' o ' 4elcC e ap ti �f Az• Al 60 ' 5 _ 3oo-s37 J'8 A N 78 � m, o QST = ,T ^ 253 ❑ a 2 QsSSµOF MA 5G (. ROBERT 1 •. t � e SoTtROS N0.26D94 Q LLLF FG�STEp.F'O.Z. KA, A R I[',f E i P 1 J I THIS SURVEY IS BASED ON SURVEY MARKERS OF OTHERS. AREA ,07; SF' i C' MORM P GE �� AVrrRREY PLAY F WAY Locouan---------------------------------------- SALEM MASS( i Scale /In. = 10 ft. Date k- 14 i!--�3 f\ Reference. QEEG_ 8K 6891 PG 642 2 U2 STY 'WOOD RECORDED IN TH_E EASE X SO DIST REG OF DEEL5 - 7 1 ( Able:7hts is o tape surrey and not on Instrument survey Meretbre Phis plot plan is fa m{xtgoge a Pl-lpaSBS Only. E BAY STATE SURA/NG SERVh:£ tjNc, f ` e r` ! ZW Cabot St., Beverly, fass. To the Warren Five Cent Savings Bonfi, it =r' i Titfe Insurers and any Successors /n interest. i hereby certify that /have examined t&-- premise 1 and all easements, encroachments ana buildings ore located or, the ground as shown. / further certify that the buildings 1 shown conformed to the zoning A7rs of. the { I EM T1�_'��F_ �1 ------ ---, Moss. / further certify that this property isnot located /r, on I established flood hazard arra as defined `' 2 9 0 ----- i — Dept. of Housing and Urban Vweiap.^>°r.; F of Salem, � ttsstttfiusetts '�•'y,`_cY � �(txrD Of �1�PZ11 . DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. A hearing on this petition was held on September 19, 1984 with the following Board Members present: James Hacker, Chairman: Messrs. Charnas, Gauthier and Strout, Associate Member, Richard Bencal. 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 40 A. The Petitioner is appealing the decision of the Building Inspector to issue a building permit to Kenneth Surrette to construct a building at 34 Bridge Street (Permit No. 139) . Petitioner alleges that the permit violates Section VIII D of the Zoning Ordinance which provides that no structure destroyed by any means to an extent of more than fifty percent of its replacement costs, or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Ordinance. After hearing the evidence presented at the hearing, the Board of Appeal makes the following findings of fact: 1. The existing building on the premises, in terms of floor area and replacement costs, was more than fifty percent destroyed at the time the Building Inspector issued or modified the permit which allowed construction on the site of the destroyed building to proceed; 2. The Building Inspector issued or modified the permit, after the building was destroyed, in utmost good faith, but in derogation of Section VIII D; 3. The person or persons to whom the permit was issued never intended to rehabilitate or restore the existing building, instead they intended to raze the building and induce the Building Inspector to issue a permit to allow new construction in derogation of Section VIII D. 4. The building to be constructed does not conform to the Ordinance in that the minimum required lot stie is 12,000 sq. ft. and this lot contains 6,000 sq. ft. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes: 1. The deception on the part of the petitioner is indicated by The d&tes on the permit and the date on the lease. N � 7 � 1 "' DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. page two 2. Permit NO. 139 should not have been issued or modified to allow construction of a new building at 34 Bridge Street. Therefore, the Board voted unanimously 5 -0 to revoke the permit in question, thus upholding the appeal of the petitioner. m n,o Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK U - U C — L.. i. C— EO E U MADE PURSUANT TO SECTION 17 OF THE ►SASS. Vu F�& c �N. FF ANY. ALLSHAB BE THE DATE OF HUNG UNEBAL IAVYS. p',/'P'FER 808. AND SHALL BE FILED CLEW- AFTER R �PELLAL PERMIT IN THE OFFICE OF THE CITY SICLERIL 1t-THE YAG CE h' DF THIS OFA A'E•T' -M-L CERT- PURSpNT TO PAASS. [;CIERAL U'f:S. CHAPTER N COPY A.TH R^ APPEAL HAS BEEN FILED, GRANTED H`_RElil. SHALL NOT TA SE 2- DCAY$ IHAVEAELAPOEpF THE' OF IS THE OWNER HAS BEEN DIS inIS5E0 OR DENIED T FICATIDN CF 7HE Cl T1' CLERK �i HAi Z° AND INDEXED UNDEP. THE NAttE OR THAT, IF SUCH FN APPEAL H ESSEXnREBIS7RY FILE p-OS IT CERTIFICATE OF TITLE, RECORDED IN THE SOUTH OF RECORD OR IS RECORDED AND NOTED ON THE OV�NER' BOARD OF APPEAL ,r �Iit� of �$ttlem, &fttssuC4usetts IIt[Ia Df CAM 7eal October 18, 1984 Michael O'Brien City Solicitor City of Salem Dear Mr. O'Brien: Enclosed is a copy of the most recent law suit involving the Board of Appeal. Please keep us advised of the. status of this suit. BOARD OF APPEAL �ames B. Hacker Chairman JBH:bms TYPE OR USE BALL POINT PEN— BEAR DOWN FIRMLY f MASSACHUSETTS TRIAL COURT SUPERIOR CQU�BENT T DEPARTM FSSC� CIVIL ACTION COVER SHEET N 0: 84 - .:Z390 (Tc be filed with each Complaint) SS. N0. PL4,'!;7!FF(S) DEFENDANT(S) 3Gy�o o� ATTGNEY(S) (Firm Name, Address, Tel.) �yy _U /i6 ,.r ATTORNEY(S) (If known) N p NOW/✓ �/ f�ti � COLG{i✓f S� ! / f cocCl.,�s 6v3 .tifh.✓s.— BBc = Place an g! In one box only ORIGIN 1. F01 Complaint ❑ 4. F04. Dist. CL Appeal 0.231, s.97 ❑ 2. F02 Removal to Sup. Cf. c.231, s.104 ❑ 5. F05 Reactivated after Rescript; Relief ❑ 3. F03 Retransfer to Sup. Cf. 0.231, s.102C from judgment/order (Mass. R. Clv, P. 60) I Place an E) in one box only NATURE OF ACTION CONTRACT _ REAL PROPERTY MISCELLANEOUS ] ACI Services, labor and materials ❑ C01 Land taking (eminent domain) ❑ E02 Appeal from administrative agency, �CO2 Zoning appeal, G.L. e.40A G.L. e.30A A03 Commercial paper ❑ CO3 Dispute concerning title ❑ E03 Action against Commonwealth or ] A06 Sale or lease of real estate ❑ C04 Foreclosure of mortgage Municipality, G.L. c.258 ] A98 Other (specify) ❑ C99 Other (specify) ❑ E04 Taxpayer suit, G.L.c.40 s.53 ❑ E05 Confirmation of arbitration awards, TORT G.L. 0,251 EOUITABLE REMEDIES ❑ E06 Massachusetts Antitrust Act, ] B03 Motor vehicle negligence-personel G.L. c.93 injury/property damage ❑ DOt Specific performance of contract ] B04 Other negligence-personal Injury ❑ D02 Reach and apply, G.L. c.214, ❑ E08 Appointment of receiver property damage s.3(6)-(9) ❑ E09 General contractor's surety bond, ] 605 Products liability ❑ D06 Contribution or indemnificatlon G.L.c.149, ss.29,29a ] 606 IAalpractice-medical ❑ 007 Imposition of trust ❑ E10 Summary process appeal I B07 Malpractice-other ❑ DOB Minority stockholder's suit ❑ E11 Workman's Compensation (specify) ❑ D10 Accounting ❑ E12 Small Claims Appeal ] B08 Wrongful death, G.L. c.229, s.2A ❑ D12 Dissolution of partnership ❑ E13 Labor Dispute 615 Defamationlibel-slander ❑ E14 Chapter 123A Petition—SDP ( ) ❑ D73 Declaratory judgment, G.L. c.231A ❑ E15 Abuse Petition, G.L. c.209A ' B99 Cther (specify) ❑ D99 Other (specify) ❑ E16 Auto Surcharge Appeal ❑ E17 Civil Rights Act, G.L. c.12, ss.11H-1 ❑ E99 Other (specify) SUPERIOR COURT RULE 29- . Requirement of statement as to money damages to prevent the transfer ` = ` of civil actions to District or Municipal Court Departments. 1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse side be completed. 2. Failure to complete the statement, where appropriate, will result in transfer of this action (Superior Court Rule 29(2). 3NATURE OF ATTORNEY OF RECORD DATE: FFICE USE ONLY—DO NOT WRITE BELOW THIS LINE) RECEIVED DISPOSITION BY: A. Judgment Entered B. No Judgment Enlererj DATE: ❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District Court ❑ 2. During jury trial or non-jury hearing under G.L.c.231,sl02C DISP ENTERED ❑ 3. Atter Jury verdict BY: ❑ 4. .After court finding- -- ❑ 5. After post trial motion Disposition date DATE: y CLERK'S OFFICE COPY mtc003-07/84 E .:.�'r: ;.., --._ _ _ � � l � _ _ 0.931313025.3._ PCLAROiDO9 # I �. �� - - �-" s. _ __ _=�< , �----. _ ,� —. — ,� k_ -�:... 0.931313.0253 PO LARUID®9 i ' t 1� ,� . . FY , � �` � � v.� � � !. 0.9.319130253 - - PUL-:801Do9 p I 1g 4 �. �..� ,,,,. � -�� 09.3113130253 POLAR03009 �. I, COMMONWEALTH OF MASSACHUSETTS II ESSEX , SS . SUPERIOR COURT CIVIL ACTION NO. k y- 23c�u THOMAS T. RHODES , ) Plaintiff ) VS . JAMES HACKER, SCOTT SHARNAS , ) NOTICE OF ACTION ROBERT GAUTHIER, EDWARD ) LUZINSKI , PETER STROUT, ) ARTHUR LaBRECQUE, and ) RICHARD BENCAL, as they ) are Members of the Board of ) Appeals of the City of Salem, ) Defendants ) filed with the Essex Superior Court in Salem on October 12 Please be advised that the above referenced matter was, 1984 , appealing the Decision filed October 2 , 1984 by the City of Salem Board of Appeals. In compliance with Massachusetts General Laws Chapter i 40A, Section 17 , attached please find a copy of the Complaint and accompanying documentation including a copy of the Decision appealed from. i By Plaintiff ' s Attorney , C John P . Collins , Esquire i COLLINS & COLLINS 603 Main Street Reading, MA 01867 Tel : 944-0407 DATED : October 12 , 1984 COM•iONWEALTH OF MASSACHUSETTS i ESSEX , SS . SUPERIOR COURT CIVIL ACTION NO .f' 1- 23 %C� .i !� THOMAS T. RHODES , ) I� Plaintiff ) j VS . ) JAMES HACKER, SCOTT SHARNAS , ) COMPLAINT ROBZRT GAUTHIER , EDWARD ) i jl LUZINSKI , PETER STROUT, ARTHUR LaBRECQUE, and ) RICHARD BENCAL, as they ) iare Members of the Board of ) Appeals of the City of Salem, ) Defendants ) 1 . The plaintiff , Thomas T. Rhodes , (hereinafter referred to as the Plaintiff) is a resident of 13 Country Drive , Beverly , Essex County., Massachusetts , as well as being a Lessee of the property located at 34 Bridge Street, Salem Essex Count Massachusetts . I y ' 2 . The defendant , James Hacker , is a resident of 7 Ugo Road , Ij Salem, Essex County , Massachusetts ; the defendant, Scott �j Sharnas , is a resident of 7 Juniper Road , Swampscott , Essex County , Massachusetts ; the defendant , Robert Gauthier , 'i is a resident of 162 North Street , Salem , Essex County , Massachusetts ; the defendant , Edward Luzinski , is a resident of 25 Hardy Street , Salem, Essex County , Massachusetts ; -_ the defendant , Peter Strout , is n resident of 24/- Lafayette Street , gale= , Essex County , Massachusetts ; the defendant , Arthur LaSrecaue , is a resident of 11 F..acel Street , Salem, Essex County , Massachusetts ; the defendant , Richard Bencal , is a resident of 19 Goodell Street , Salem, Essex County , , Massachusetts j (hereinafter jointly referred to as the !� Board) and are duly appointed memebers of the City of iSalem' s .Board of Appeals . 13 . On or about April 18 , 1984 , Richard T. McIntosh, Building Inspector and Zoning Enforcement Officer of the City of Salem, issued a building permit to the Plaintiff through j' the Plaintiff ' s agent , servant or employee , Kenneth Surette , for the purposes of renovating the existing structure on the lot at 34 Bridge Street, Salem, Massachusetts . i I� Cr . i; 4 : . The Plaintiff , through his agent , servant or employee , Surette , commenced work on the structure after receiving the building permit . 5 . Due to the condition of the existing building and with the approval of the Building Inspector , Robert T. McIntosh , ian additional buiding permit was approved by the Building Inspector , Robert T. McIntosh, on June 12 , 1984 for continued construction of the building. I i ii6 . Relying upon both building permits , the Plaintiff , Lessee of the property , expended approximately $20 , 000 . 00 in erecting a building presently in existence on the property . 7 . On September 19 1984 a public hearing was held before i I the Board of Appeals of Salem on a Petition brought by Nondas Lagonakis , appealing the Building Inspector ' s granting of a permit for 34 Bridge Street, Salem, Massachusetts . 8 . On or about October 2 , 1984 , the Boards decision was filed with the Salem City Clerk ' s Office . 9 . The Board unanimously voted to revoke the Plaintiff ' s permit to renovate the building at 34 Bridge Street, Salem, Massachusetts . A copy of the Board ' s decision is attached and marked Exhibit A. 10 . The Plaintiff at all times individually and through his agent , servant or employee contractor , Kenneth Surette, i acted in good faith and in reliance upon the building permits issued by Robert T. McIntosh, Building Inspector and Zoning Enforcement Officer of the City of Salem. Ill . The decision by the Board of Appeals in revoking the Building Inspector ' s granting of a permit for construction of a building at 34 Bridge Street , Salem , Massachusetts , was capricious , arbitrary and in excess of its authority. WHEREFOaE , the Plaintiff demands the following relief : i 1 . That the Board ' s decision revoking Plaintiff ' s building permit be annulled . �I 2 . That the Court find that the Plaintiff satisfactorily met all of the criteria necessary for the issuance of the building permits granted by the Building Inspector on April 18 , 1984 and on June 12 , 1984 . 3 . That the Court order the Salem Board of Appeal to re-issue the building permit as granted to the Plaintiff by the Building Inspector . iI I �I it4 . And other relief as the Court may deem proper . i By Plaintiff ' s Attorney , I n � tet.{ J n P. Co ins , Esquire � ,OLLINS & COLLINS 603 Main Street Reading, MA 01867 Tel : 944-0407 I DATED : October 11 , 1984 I I i r I 10V CHU of ra nttra of peal L.DAPPEAL. T: -NG 7 NSPECTOR S DECISION ON THE PETITION OF NONDAS LAGONAK,115 TO GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALE!,", MASS. A hearing on this petition was held on September 10, I984 with the following Board Members present; James Hacker, Chairman: Messrs. Charnas, Gauthier and Strout. Associate Member, Richard Bencal. 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 40 A. The Petitioner is appealing the decision of the Building Inspector to issue a to to construct a building at 34 Bridge Street b,oilding permit � Kenneth Surrette ermit budding Section V771 D of (Permit No. 1301) . Petitioner alleges that the p the Zoning Ordinance which provides that no structure destroyed by any means to an extent of more than fifty percent of its replacement costs, or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Ordinance. After hearing the evidence presented at the h.earing, the Board of Appeal makes the following findings of fact: 1. The existing building on the premises, in terms of floor area and replacement costs, was more than fifty percent destroyed at the time the Building Inspector issued or modified the permit which allowed construction on the site of the destroyed building to proceed; 2. The BuildinE, Inspector issued or modified the permit, after the building was destroyed, in utmost good faith, but in derogation of Section VIII D; 3. The person or persons to whom the permit was issued never intended to rehabilitate or restore the existing building, instead they intended to raze the building and induce the Building Inspector to issue a permit to allow ne%j construction in derogation of Section V711 D. - n to be constructed does not conforr. to the e Ordinance in that the required lot stle is 12,000 so. ft. and this lot contains 0,000 sq. ft. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes: 1. The deception on the part of the petitioner is indicated by 22he des on the permit and the date on the lease. 7 DECISIOI ON THE PETITION OF NOINDAS LAGOIAKIS TO APPEAL THE BUILDING INSPECTOR'S GGA 1-0 OF A HERMIT FOF: 34 BRIDGE STREET, SALEPi, MASS. Da-ze two 2. Permit 'NO. 139 should not have been issued or modified to allow co.^,structior: of'a new building at 34 Bridge Street. Therefore, the Board voted unanimously 5 -0 to revoke the permit in question, thus upholding the appeal of the petitioner. Scott E. Cnarnas, Secretary A. COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK W, c U I c I- U SHALL BE MADE PURSUAY.i TO SEMOH 17 OF THF UA' BE FILED WiT}+1H 20 DAYS AMR THE DATE OF FILING ►YnpFyL F£OIJ THIS DE=N. IF ANY. CV 9-AL U.t",S. CRAFTER BOR. AND OFUTHE CRY CLERK. eP-I-1 PERLIT C'.. {N THE 0.r Y:.C4.`:CE 0. _... _ ;„,T- DF THIS DEQ ..S CRAi'iEP. A;,$, SE::1_;t il.T1i__ EE:Ci .;r iilL A LpPi OF THE 9cl:_... ~FLIED. PURSAR-T TO °SSpr IL tE EFFcCT UNTIL .F° L H - a '•t� FICAii;i. 5,,., ':. L'1 APF..( Hr.S FEi'. J.0 P';, IN[, 'R PF. 3f IF ('.i r Irl:... ci 'fliiE. THE S;:J:H. 5•" ., TFE CC;Src,'S C_FT OF OP, IS RLCGF.DED BOARD OF APPEAL A TRUE COPY, ATTEST JOSE HINE R, FUSCD CITY CLERK THU of �2I�Pm, C�c�SS�L�LiSPtI� x, ublit Praprrfu Pepariment Pizilbing Pzparimerrt Richard T. McIntosh October 10, 1984 1 Salem Green 745-0213 John Spinale Re. 34 Bridge St. 11 High St. (certified mail) Building Permit Salem, Mass. #139 01970 Dear Mr. Spinale: I am revolking the Building Permit #139 issued to you on April 18, 1984, for the following reasons. 1. Decision of the Zoning Board of Appeals, Sept. 19, 1984. 2. Violation of Sec. 1147 of the Massachusetts State Building Code (copy enclosed). The date of the permit April 18, 1984 was for renovations of the ex- isting building. The date of the signed lease to Cat ering. Cleff Inc. , May 25, 1984, says that the building shall be removed. This clearly indicates that the permit was obtained fraudulently. Very truly yours, Richard T. McIntosh Inspector of Buildings Zoning Enforcement cc: Nondas Lagonakis, 30 Fiarview Ave. , Salem James Hacker, 7 Ugo Rd. , Salem Thomas Rhodes, 13 Oeuntry Drive, Beverly, Ma. (cert.) Surrette Const. , 26 Elmwood Circle, Peabody (cert.) RMCI/jc �J ;-ecowiq �= ajtU of ttlem, C tts$ttc u�etts curb of �YpU! DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. A hearing on this petition was held on September 19, 1984 with the following Board Members present: James Hacker, Chairman: Messrs. Charnas, Gauthier and Strout, Associate Member, Richard Bencal. 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 40 A. The Petitioner is appealing the decision of the Building Inspector to issue a building permit to Kenneth Surrette to construct a building at 34 Bridge Street (Permit No. 139) . Petitioner alleges that the permit violates Section VIII D of the Zoning Ordinance which provides that no structure destroyed by any means to an extent of more than fifty percent of its replacement costs, or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Ordinance. After hearing the evidence presented at the hearing, the Board of Appeal makes the following findings of fact: 1. The existing building on the premises, in terms of floor area and replacement costs, was more than fifty percent destroyed at the time the Building Inspector issued or modified the permit which allowed construction on the site of the destroyed building to proceed; 2. The Building Inspector issued or modified the permit, after the building was destroyed, in utmost good faith, but in derogation of Section VIII D; 3. The person or persons to whom the permit was issued never intended to rehabilitate or restore the existing building, instead they intended to razb the building and induce the Building Inspector to issue a permit to allow new construction in derogation of Section VIZI D. 4. The building to be constructed does not conform to the Ordinance in that the minimum required lot stie is 12,000 sq. ft. and this lot contains 6,000 sq. ft. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes: 1. The deception on the part of the petitioner is indicated by S2he des on the permit and the date on the lease. � -7� N i 7 � 1 �. .1 l DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. page two 2. Permit NO. 139 should not have been issued or modified to allow: construction of a new building at 34 Bridge Street. Therefore, the Board voted unanimously 5 -0 to revoke the permit in question, thus upholding the appeal of the petitioner. 17A 0--.Cl Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK w - U 1 � U MADE pLIRSUARi TO SEMON 17 DF THE ��FBDM TIaS Decorm IF pNT. SHALL BE THE TE W FILING �EylEgpL IpYTS, CFIAYIER BOB, PND SHALL BE FILED WITHIN 20 DAYS DR SFECIAI PERMIT IN THE OFFICE OF THE CITY CLERL- YAtt' ' pF THIS D£LT SECLL Li It. THE 741E GERT- �'CISICti, BEAR:'+�• PURSANi TTI 2AASS. (sEi1ERA! VSV$, CHAPTER JTIL D AND i:^ APPEAL HAS BEEN FILED, - GRANTED HEREIN SHALL NGT TAVCE EFFECT UN71L A COPY DF THE DENIED IS THAI 11 HAS 9EEN DISi;il$$Ep DR FICATION CF THE CITY CLERK I-A ZO DAYS HAVE EL^AND s BE%ED UNDER THE NAME Of THE OWNi.R DR THAT. If SUCH AN APPEAL AS GIST FILE, DS AN .S CERTIFICATE OF TITLE, NE OFRECORDN THE SOU11"OR IS RECORDEDSAND NOTED ONr Dc GS BOARD OF APPEAL /.daon'4,ya y of �ttlem, C�ttsstttlfu�etts `� � �F _ �uttrD rrf �ppeul DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. A hearing on this petition was held on September 19, 1984 with the following Board Members present: James Hacker, Chairman: Messrs. Charnas, Gauthier and Strout, Associate Member, Richard Bencal. 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 40 A. The Petitioner is appealing the decision of the Building Inspector to issue a building permit to Kenneth Surrette to construct a building at 34 Bridge Street (Permit No. 139) • Petitioner alleges that the permit violates Section VIII D of the Zoning Ordinance which provides that no structure destroyed by any means to an extent of more than fifty percent of its replacement costs, or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Ordinance. After hearing the evidence presented at the hearing, the Board of Appeal makes the following findings of fact: 1. The existing building on the premises, in terms of floor area' and replacement costs, was more than fifty percent destroyed at the time the Building Inspector issued or modified the permit which allowed construction on the site of the destroyed building to proceed; 2. The Building Inspector issued or modified the permit, after the building was destroyed, in utmost good faith, but in derogation of Section VIII D; 3. The person or persons to whom the permit was issued never intended to rehabilitate or restore the existing building, instead they intended to razb the building and induce the Building Inspector to issue a permit to allow new construction in derogation of Section VIII D. 4. The building to be constructed does not conform to the Ordinance in that the minimum required lot stie is 12,000 sq. ft. and this lot contains 6,000 sq. ft. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes: 1. The deception on the part of the petitioner is indicated by She d&tes on the permit and the date on the lease. _ IV S DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. page two 2. Permit NO. 139 should not have been issued or modified to allow construction of a new building at 34 Bridge Street. Therefore, the Board voted unanimously 5 -0 to revoke the permit in question, thus upholding the appeal of the petitioner. er D Ma,O Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK W = U I _ F- C ='G C � .QJ U 17 OF =97H� Dl tF ANY. SHALL 8E MADE PURSUANT TO S,0�THE OATS E FIFO UNERAL tALYS. p1APFER BDS, AND SHALL HE FILED WITHIN 20 DAYS OR SPECIAL PERMFT OF THIS Dem" IN THE OFFICE OF THE CITY Sc CLERKt 11.THE VAEARC PtJRSANT TO 7AASS. GENERAL (III - CH APi ER BOB- TCISI�a. B:AB_ . THE CERT' _ J EUP"-ED AND Ii^ APPTHEEAL HAS BEEN.FILED, 6RAN'•ED HEREIi (ILitU of �$ttlem, C4R. nssar4uErtt9 r DECISION ON THE PETITION OF N014DAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. A hearing on this petition was held on September 19, 1984 with the following Board Members present: James Hacker, Chairman: Messrs. Charnas, Gauthier and Strout, Associate Member, Richard Bencal. 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 40 A. The Petitioner is appealing the decision of the Building Inspector to issue a building permit to Kenneth Surrette to construct a building at 34 Bridge Street (Permit No. 139) . Petitioner alleges that the permit violates Section VIII D of the Zoning Ordinance which provides that no structure destroyed by any means to an extent of more than fifty percent of its replacement costs, or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Ordinance. After hearing the evidence presented at the hearing, the Board of Appeal makes the following findings of fact: 1. The existing building on the premises, in terms of floor area and replacement costs, was more than fifty percent destroyed at the time the Building Inspector issued or modified the permit which allowed construction on the site of the destroyed building to proceed; 2. The Building Inspector issued or modified the permit, after the building was destroyed, in utmost good faith, but in derogation of Section VIII D; 3. The person or persons to whom the permit was issued never intended to rehabilitate or restore the existing building, instead they intended to • raze the building and induce the Building Inspector to issue a permit to allow new construction in derogation of Section VIII D. 4. The building to be constructed does not conform to the Ordinance in that the minimum required lot stie is 12,000 sq. ft. and this lot contains 6,000 sq. ft. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes: 1. The deception on the part of the petitioner is indicated by S2he des on the permit and the date on the lease. U771 :7 DECISION ON THE PETITION OF NONDAS LAGONAKIS TO APPEAL THE BUILDING INSPECTOR'S GRANTING OF A PERMIT FOR 34 BRIDGE STREET, SALEM, MASS. page two 2. Permit NO. 139 should not have been issued or modified to allow construction of a new building at 34 Bridge Street. Therefore, the Board voted unanimously 5 -0 to revoke the permit in question, thus upholding the appeal of the petitioner. Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK W 01 C i 1 L E U FRS T= DEp", TF ANY, SHALL BE MADE PURSU AME TD SECnOH 17 DF THE TE OFpLSN6 GENERAL LALYS. p'.AFFER Bog,OFFICE DFu7BE FpE CLERIC 20 DAYS AFTER 7Hn�PEGAL PERMIT IN THE SCL` W- tl.THE VARIANCE _ PF THtS OECtSTON T)Cr i , BEAR J, TRE CERT' ��LNT TO ;BASS. GETERAL LABS. CH APiER ROS. P.N,1 N^ APPEAL HAS BEEN FILED, ORAN',FJ HsREI;I, SHALL NCT TA�SE EFFECT Ufi71L A COPPY_DF THE' DENIED IS a S BEEN FILE, 7HAi 17 H:S BEEN DIS'.?.ISSED OR = FICATIC•N CF THE GI1' CLERK 'i 9Ai B GAYS HAVE T' 11 INDEXED UNDER THE NA61E OF THE OWNER OR THAT, IF SUCH P.N APPEAL HA• NOTED ON THE OWNER'S CERTIFICATE OF TITLE' OfRECORDIN THE SO S RECORDEDBOARD NOTED OF HEEL BOARD OF APPEAL APPEAL CASE NO. .:.. .. .. .... ..,..... . . . A,GG �.,. (gi#g of 4 ttajgnj, 'ffln99aC4fttjftPPEALS Poarb of jAppeA �•�� Jul- II �sl TO THE BOARD OF APPEALS: RECEIVED The Undersigned represent that he is xavex the owners of a cerM!Tn3IP5k-&V'0&d located at NO. . . .W�_-- ; _ ._,1rte_ : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.S.-2 . . . . . . . . . . ;,,- ��, : .•. . . ; and said parcel is affected by Section(s) . . . .VI.. .IID . .. . . . . . of the Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Petitioner is appealing the decision of the Building Inspector, Richard T. Macintosh, to issue. a building permit to Kenneth Surrefte, being Building Permit No. 139 ; to construct a new building on. the lot located at 34 .Bridge Street , Salem. Massachusetts , after the existing building, which was a nonconforming use, was demolished, after Mr. MacIntosh was requested to revoke said building permit in a letter dated June 15 , 1984 , from Nondas Lagonakis to Mr. MacIntosh. The issuance of said building permit violates Section VIIID of the Salem Zoning Ordinance which provides that no structure destroyed by any means to any extent of more than fifty percent of its replacement costs , or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Salem Zoning Ordinance. Said lot contains approximately 6 , 000 square feet and B-2 Zone requires a minimum of 12, 000 square feet. The Application cor Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals �F �#ASxtiF3z�� SZ�cx�cflsec��k¢�c�ya� v'�iffi$ X.bffi�x �x �i7a�� #�ii�#xx ws�s�x�xaa��'xcc�tgwxx�a gxtitx�MXlsDc�s� �ffi�h�c�ke:�RfB]�af�G��iB �$�IX �e�tuy��yc•�d�vsx3��xicld€q�� x ��yq��9�xp4��R&�;�4i;1 �iFjit�b�k'xtliF��S#�jJ� saa�im44�xi�cffiia��4f[Fdedx�'�k�fX �xR��i�tll �i#I�t �Fll�l� � :Wzk gx€tv�ac�tia>3xit�t>3nii x ss t3aes Fcg� z4#��8� 1 �x eY icxx tkm4orlftdrP9xr4a=wx to revoke Building Permit No . 139 issued to Kenneth Surrette. .relative to the premises located at 34 Bridge Street, Salem, Massachusetts , on the grounds that said lot does not conform with the lot area provisions of the Salem Zoning Ordinance relative to B-2 Zones and that issuance of said Building Permit is violate of Section VIIID of the Salem Zoning Ordinance. CRETE REALTY TRUST Owner. BY: Nondas L;ago is Address.3Q_Fairview Av ue Salem, .W. 'diM'. ... .. .... . ... . .. Telephone. . 744;6161 CRETE REALTY T R Petitioner. BY ,. Nonss-Lagona Address. 30 Fairview Av , S�iem; 'M!i ..mr "' Date. . JAI)(. 2A,. .19$.4 . . . . TeIephone. 744-6161 By. . . . . . . .... .. . . .. .. . . . ...... .......... ...... 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. NO.................................... PETITION TO BOARD OF APPEALS LOCATION 26 Brid{qYe Street .................frl......................................... f. PETITIONER:... w Nondas La onakis ......................... ........... ; ADDRESS....30.. ....Fai. . .rview. . . . ...Ave .. , Salem . . .. .. . .. .. . .. .. .......... t ............................................... CONDITIONS ................................. ::. ......................................... .. . ............................................................ PETITION APPROVED.................... ❑ DENIED.................. i t .................................................... 19......... DATE OF HEARING PETITIONER g l2 LOCATION MOTION: TO GRANT_ SECONDED TO DENY SECONDED LEAVE TO WITHDRAW SECONDED CONTINUE SECONDED ROLL CALL ABSENT PRESENT .GR&Nf. DENY WITHDRAW CONTINUE ({e v�kmg SCOTT CHARNAS JAMES HACKER ROBERT GAUTHIER EDWARD LUZINSKI PETER STROUT ASSOCIATE MEMBERS / RICHARD BENCAL ARTHUR LABRECQ E DISCUSSION & CONDITIONS: op 2/� �' ljP,U4�0 V- J /-R-Kw, 4L ��-� - ---- y �✓�v of �f � t r �-/ -1414 Pj Z)l/- ` - - __ _ _ j . _-__ _ � . - - - _� _ _ - - - _ i _ - _ __i _ -- I _ - - I_ - -- -- ii - _ __ _ . _ �I,_ _ _ _ - -- - - �� _: l ,d I JJ O � tw ( DLJ v b(� ti Ute► �� al . A Lf Ml� Lok A/ 6� �a ldh 9 �QVO -QUA ' i r i _ i i - -- - i ...---- - -1 -- { ---- ill APPEAL CASE NO. ... . .. . . . . .. . ---- . ... . .. . . . �ajeM, f n95Zj1 $#f$APPEALS Ponrb of �Appi nl jUL 7 j .\Frpmy ,�I 1 41 TO THE BOARD OF APPEALS: RECEIVED The Undersigned represent that he is xam the owners of a certtdiff PWI4,% %d located at NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.B.-2 . . . . . . . • • } '=_s- j• • • • • • • • • • • • • ; and said parcel is affected by Section(s) - .VIIID . . of the Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Petitioner is appealing the decision of the Building Inspector , Richard T. Macintosh, to issue a building permit to Kenneth Surrefte, being Building Permit No . 139 , to construct a new building on the. lot located at 34 Bridge Street ,Salem, Massachusetts , after the existing building, which was a nonconforming use, was demolished, after Mr. Macintosh was requested to revoke said building permit in a letter dated June 15 , 1984 , from Nondas Lagonakis to Mr. Macintosh. The issuance of said building permit violates Section VIIID of the Salem Zoning Ordinance which .provides that no structure destroyed by any means to any extent of more than fifty percent of its replacement costs , or more than fifty percent of its floor area at the time of destruction, shall be reconstructed except in conformity with the provisions of the Salem Zoning Ordinance. Said lot contains approximately 6 , 000 square feet and B-2 Zone requires a minimum of 12, 000 square feet. The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals vx99x4A1dxt P3x#r-> tx �ZeffiutecpcRxi�ac�d�kmx�as��#�cXx9�8tx�'d2�x �i7c��'Q�iS$;�3it"wx;xx�x �RF��xid�cxia�lco-ea#garxifi�aa�sr�$xtiao-t>§gicl�c�sxf+dul�e��c#hec�f8neseraenEx.,��x $H1XCiK,�c$.3t�d]9W%xa>K�c$PLKli�79§x�4x4d�]�17d}C�p�N87CE$B+�QX�$ $$�X�b�k'x1S1�if�tYCF''��3#� iz$x1s4R�x1?�c 5tiq Ha4hfd87 ��Hi7dfc7�iil�C6i�xt�xg$ #4 �1$}�Pt�F�$l��li7l� Y�HffiE{6g5cR0i1K3(jgHxD4Ct8Q[$7BSA�X�7pg8H �4@1 $PI"14CLx�x7C�$l7$lxUffikxjf J[XX * alotpgx7�eeson4tX to revoke Building Permit No. 139 issued to Kenneth Surrette relative to the premises located at 34 Bridge Street , Salem, Massachusetts ; on the grounds that said lot does not conform with the lot area provisions of the Salem Zoning Ordinance relative to B-2 Zones and that issuance of said Building Permit is violate of Section VIIID of the Salem Zoning Ordinance. CRETE REALTY TRUST Owner. BY�FGz. Nondas LagonA Address.3O, Fairview Ave Salem, .�. . .Ojg7 ... .. .... . .... .. Telephone..?44;6161 CRETE RE LTY TRU Petitioner.BY No as-Vag no a " s Address. .30 Fairview Avenue """" Sa1em, -MA .61nb'* ' . . ... Date. . July. 2.4,,, ,19$4, , , , , 744-6161 Telephone. 74.4.-6161.. . . ... . . ... .. ...... . By. . . . . . . . ... .. . . . ... ... . . .. ............. ... 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. NO.................................... PETITION TO BOARD OF APPEALS LOCATION 26 Brid e Street ........................................ Nondas La onakis PETITIONER............................. ........... ADDRESS...... 30 Fairview Ave.. , Salem ........................................ CONDITIONS PETITION APPROVED.................... ❑ DENIED......................... 19......... LEASE This indenture made as of this a j day of /ll4 y 1984, by and between JOHN D. SPINALE of 3,11 a?.961 1:, fAtfr, Massachusetts (hereinafter called the Lessor, which expression shall include his heirs, executors, administrators and assigns, where the context so requires or admits), party of the first part, and CATERING CHEFS, INC. and having a usual place of business at 13 Country Drive, Beverly, Massachusetts (hereinafter called the Lessee, which explanation shall include successors and assigns,, where the context so requires or admitJ, party of the second part. ARTICLE ONE Leased Premises 1 In consideration of the covenants and agreements herein contained on the part of the Lessee to be observed and performed, the Lessor does hereby lease and demise unto the Lessee and the Lessee does hereby take, lease and hire from the Lessor the premises in Salem, Massachusetts, known as and described as the land located at 34 1/2 Bridge Street, Salem, Massachusetts.ELessor and Lessee agree that prior to the commencement of this lease, the building in existence on said premises is to be removed at Lessor's expense. ARTICLE TWO Term To have and to hold unto the Lessee, its successors and assigns for the term LTSHULER 6 DIGANGI ATTORNEYS AT LAW of ten (10) yearscommencing Aum;)-fly and ending o7AY aS f9ty to be followed by BARRISTERS HALL 5 BRJSCOE STREET successiveoptionterms of five (5) years each to be exercised by the Lessee as pro- BEVERLY.MASS. 01915-4363 vided in Article Three. _ 161]1922-1312 ARTICLE THREE Renewal Option Lessee shall have the option of renewing this lease for a successive five (5) year term at a rental as provided in Article Four. At the end of this and any subsequent option period, Lessee shall have the option of renewing this lease for. an additional five (5) year period. To exercise said options, Lessee shall notify Lessor in writing at least sixty (60) days prior to the expiration of the lease period or renewal period of Lessee's intention of exercising said option. With regard to each such renewal, a new lease agreement for the term of such renewal shall be executed. Said new lease agreement shall include all of the provisions of this lease agreement including this Article providing for an option for renewal for a five (5) year term. ARTICLE FOUR Rent The Lessee will pay as rent therefor monthly according to Schedule "A" annexed hereto. Said rental shall be due on the first day of each month.C�irymrc-•OC Auc'n i, 191y ARTICLE FIVE Real Estate Tax The Lessor shall be responsible for the payment of all real estate taxes. :a ARTICLE SIX Utilities The Lessee agrees to furnish and promptly pay for heat, hot water, gas, TSHUI-ER&DIGANGI - - - - ATTORNEYS AT LAW electricity, snow plowing, interior cleaning and maintenance, telephone andwater and BARRISTERS HALL 5BRt5COE STREET sewer use charges. The water and sewer use bill of the City of Salem shall be BEVERLY.MASS. 01915-4563 sufficient evidence of this amount to be paid. r6I>)922-1312 - ARTICLE SEVEN Fire Insurance and Extended Coverage The Lessee agrees to insure and keep insured, during the entire term of this lease agreement, at his sole expense, the demised premises for loss or damage by fire and all other casualties. 14 4h 01-00-)r N 4vns LaSSo♦ OS less ARTICLE EIGHT Liability Insurance The Lessee shall obtain and maintain during the entire term of this lease at his sole cost and expense, public liability insurance. ARTICLE NINE Compliance with Law The Lessee acknowledges that no trade or occupation shall be conducted in the leased premises or use made thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordinance in force in the city or town in which the premises are situated. ARTICLE TEN Assignment or Subletting The Lessee covenants not to assign this lease nor to underlet the premises or any portion thereof, nor license, suffer or permit any person to occupy or use the same without the prior written consent of the Lessor in writing, which consent shall not be unreasonably withheld or delayed. PLTSHULER 6 DiGANGI ARTICLE ELEVEN ATTORNEYS AT LAW BARRISTERS HALL Indemnification and Liability 5 BRISCOE STREET BEVERLY,MASS, The Lessee shall save the Lessor harmless for all loss and damage occasioned Ot9S-6563 16171922-1312 by the use•or escape of water or by the bursting of pipes as well as from any claim or damage resulting from neglect in not removing snow and ice.from the sidewalks bordering upon the premises so leased, or by any nuisance made or suffered on the leased premises, unless such loss is caused by the neglect of the Lessor. The removal of snow and ice from the sidewalks bordering upon the leased premises shall be the Lessee's responsibility. ARTICLE TWELVE Fire Casualty or Eminent Domain Should a substantial portion of the leased premises, or of the property of which they are a part, be taken by eminent domain, the Lessor may elect to terminate this lease. When such taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the Lessee may elect to terminate this lease if: (a) The Lessor fails to give written notice within thirty (30) days of intention to restore leased premises, or (b) The Lessor fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The Lessor reserves, and the Lessee grants to the Lessor, all rights which the Lessee may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the Lessee's fixtures, property, or equipment. ARTICLE THIRTEEN Default and Bankrupt In the event that: TSHULER 6 DIGANGI ATTORNEYS AT LAW (a) The Lessee shall default in the payment of any installment of rent or. other BARRISTERS HALL sum herein specified and such default shall continue for ten (10) days after 5 BRISCOE STREET written notice thereof; or - - BEVERLY.MASS. - 01915-9563 161)1922_1312 .1 (b) The Lessee shall default in the observance or performance of any other of the Lessee's covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof; or (c) The Lessee shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of Lessee's property for the benefit of creditors, then the Lessor shall have the right thereafter, while such default continues, to re-enter and take complete possession of the leased premises, to declare the term of this lease ended, and remove the Lessee's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. ARTICLE FOURTEEN Repairs The Lessee shall be responsible for all repairs to the structure, exterior, and mechanical systems of the building. The Lessor shall be responsible for repairs and maintenance of the hot top surrounding said building. .ARTICLE FIFTEEN Notice Any notice from the Lessor to the Lessee relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if left at the leased premises addressed to the Lessee, or, if mailed to the leased premises, registered or certified mail, return,.receipt requested, postage prepaid, addressed to the Lessee. Any notice from the Lessee to the Lessor relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the Lessor by registered or SHULER S DIGANGI - TORNEVS AT LAW certified mail, return receipt requested, postage prepaid, addressed to the Lessor- BARRISTERS HALL BRISCOE STREET at such address as the Lessor may from time to.time advise in writing. All rent and BEVERLY.MASS. 01915_4563 notices shall be aid and sent to the Lessor.at y -- P 3 627ott Si. 5.0.-c+, haJSnc��,t7 16 1 71 922-1312 • ARTICLE SIXTEEN Surrender The Lessee shall at the expiration or other termination of this lease remove all Lessee's goods and effects from the leased premises (including, without hereby limiting the generality of the foregoing, all signs and lettering.affixed or painted by the Lessee, either inside or outside the leased premises). Lessee shall deliver to the Lessor the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in the same condition as they were at the commencement of the term, or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. In the evait of the Lessee's failure to remove any of Lessee's property from the premises, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the pro- perty at Lessee's expense, or to retain same under Lessor's control or to sell at public or private sale, with five (5) days' written notice to the Lessee, any or all of the.property not so removed and to apply the net proceeds of such sale to the P payment of any sum due hereunder, or to destroy such property as is unsaleable. ARTICLE SEVENTEEN Quiet Enjoyment The Lessor covenants and agrees that the Lessee, subject to the terms of this lease, and upon paying the basic monthly rental and additional rent and performing .LTSHULER 5 OIGANGI the other terms, covenants and conditions of this lease, shall and may peaceably and ATTORNEYS AT LAW BARRISTERS HALL quietly have, hold, occupy, possess and enjoy the leased premises during the term 5 SIRISCOE STREET BEVERLY.MASS. of this lease. 01915-9563 16t]I 122-1312 � ARTICLE EIGHTEEN Right of First Refusal to Purchase In the event Lessor shall receive a bona fide offer to purchase the demised premises during the term of this lease, and the offer of purchase shall be satisfactory to Lessor, Lessor shall give Lessee the privilege of purchasing the premises at the price and on the terms of the offer so made. This privilege shall be given by a notice sent to Lessee at the demised premises by registered mail, requiring Lessee to accept the offer in writing and to sign a suitable contract to purchase the premises within the period of thirty (30) days after the mailing of the notice. The failure of Lessee to accept the offer'to purchase or sign a contract within the period provided shall nullify and void the privilege to Lessee, and Lessor shall be at liberty to sell the premises to any other person, firm, or corporation. Any subse- quent sale, except to Lessee, shall be subject to this lease and any renewals or extensions hereof. Should Lessor decide to sell said property, Lessee shall have the first right to purchase at a price to be agreed upon by the parties hereto. Should the parties fail to agree on the consideration, each of the parties shall nam one arbiter, who together shall in turn choose an umpire, and the selected arbiters and umpire shall act with promptness in determining a fair purchase price. The decision r of any two as to a proper consideration for the purchase of the demised premises shall be binding on the parties hereto. If the purchase price established by the arbiters and LTSHULER 6 DIGANGI umpire is not acceptable to Lessee, then this option to purchase shall terminate and ATTORNEYS AT LAW BARRISTERS HALL Lessee may continue to hold the premises as a tenant until the expiration of the term 5 BRISCOE STREET - BEVERLY.MASS. of this lease., O19f5-A563 46171 922-1312 - In the event the Lessee should decide to purchase the property herein described upon the above terms and conditions in or within five (5) years from this date, the Lessor shall credit to the purchase price an amount equal to $35, 000.00 less $7, 000.00 per annum. For purposes of this clause, the fair market value of the building shall be established at $35, 000.00 and shall be depreciated over a term of five (5) years on an equal basis or $7,000.00. This paragraph shall be null and void if the Lessee exercises his first right of refusal to purchase subsequent to a five (5) year period from this date. ARTICLE NINETEEN Recording This lease and all subsequent leases signed by the Lessor and Lessee under Article Three shall be recorded in the Essex County Registry of Deeds. The cost of . recording same shall be borne by the Lessee. ARTICLE TWENTY Subordination Lessee agrees to subordinate this lease to future financing which may be obtained by Lessor, providing that said financing does not exceed the fair market value of the property at the time of refinancing. IN WITNESS WHEREOF, the Lessor and Lessee have hereto set their hands and seals this e2S'A4 day of /9f7 1984. SHULER 1 TTORTORNE VS ATT LAW LAW ' 2 Z, BARRISTERS HALL n 5BRISCOE STREET Witness Le sor BEVERLY,MASS, 01915-0563 16171922-1312 Witness • Lessee _ I SCHEDULE A Monthly Rental First year $ 500.00 per month Second year 600.00 per month Third year 750. 00 per month Fourth year 750. 00 per month Fifth year 750.00 per month Sixth year 900.00 per month Seventh year 900.00 per month Eighth year 1, 000.00 per month Ninth year 1,200.00 per month Tenth year 1,200.00 per month First option period (five (5) years 1,350.00 per month Second option period (five (5) years 1,450. 00 per month The 'rental for any subsequent option.period shall be that agreed .upon by the parties. If within thirty (30) days after the exercise of said option by the Lessee, the parties are unable to agree on the rent to be paid, then Lessor or his successor within thirty days shall in writing appoint an appraiser, and Lessee or his successor within thirty days, shall in writing appoint an appraiser, and the two appraisers so appointed shall determine the rent to be paid for renewed term. If, within thirty (30) days, the t o appraisers so appointed are unable to agree on such rent, they shall in writing immediately appoint a third appraiser, and the majority of the three so appointed shall determine the rent. If either of the parties fails or refuses to appoint an appraiser within the time aforesaid or within thirty (30) days after new appraisers should be appointed by the parties as next provided, the other party shall appoint both appraisers who shall determine the amount of the rent. If the appraisers so appointed are unable t agree within the time aforesaid, and then fail or refuse to appoint a third appraiser as aforesaid, or if they appoint a third within that time, but a majority of the three refuse or are unable to agree within thirty (30) days, then the parties within thirty (30) days thereafter shall each in writing appoint a new appraiser and the two so selected shall determine the rent, or if they are unable to do so, they shall appoint a third appraiser as aforesaid, and the majority of the three so appointed shall determine the rent. This process of appointing and reappointing appraisers shall be continued within the time and in the manner aforesaid until either the parties themselves or appraisers for them determine the amount of the rent. The appraisers shall then reduce to writing and de- liver to each party a statement of the amount of rent fixed. LTSHULER G DIGANGI - ATTORNEYS AT LAW - BARRISTERS HALL 5 BRISCOE STREET Witness - - Lessor BEVERLY,MASS. 01915-4 3 - - 1617)922-1312 • Witness Lessee -low' _ - -------- ----tom- (--` -- /—/ ---- --- -- --L- -- ----- -- - ---� --- -- \ 1 �r i ii I. I i __ _ . . _ _ _ _ },__ '�I�_ _ - 1 _ _ . - � - ___ _ � _ u_ _ �� - -- �' �'�__ - - �l ' - - -- -- _ - - T.L6 .ONB 944-0407, ~ - COLUNS & COLUNS ATTORNEYS AT LAW JOHN P. COLLINS - - 603 MAIN STREET - JOHN P. COLLINS, JR. READING, MASS. 01867 t a n r Q; LIU CAOO -- _ --- - - __- _- - _ _ - _ . - - � -- - - - - - __ 1= _ DATE OF HEARING PETITIONER / / Q--j 4daZa_4L'c LOCATION cl MOTION: TO GRANT SECONDED TO DENY SECONDED LEAVE TO WITHDRAW SECONDED CONTINUE SECONDED ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW CONTINUE SCOTT CHARNAS ,I JAMES HACKER ROBERT GAUTHIER EDWARD LUZINSKI l T PETER STROUT ASSOCIATE MEMBERS RICHARD BENCAL t ARTHUR LABRECQUE n? -7I;SE-^'N & CONDITIONS: — . ONE �Q FrT ET Gifu Lif ;Mj?m C, a5sarl Li5Bfrs s 9 Puarb of �FPMI August 3, 1984 Office of the City Assessors City Hall Salem, Massachusetts 01970 Gentlemen: I would appreciate having a list of abutters for the following properties for a public hearing scheduled for September 1984 Please forward said list to Brenda Sumrall, c/o Public Property Department, One Salem Green. ADDRESS OTdNER 71 Bridge St. Augusto P. DaCunha 26 Bridge St.� Oti�r�� Nondas Lagonakis rte_ Thank you for your cooperation. Sincerely, Brenda M. Sumrall Clerk, Board of Appeals AGO\91L��, Ott of 'ttlem, ttr1�u Af � �} unlit ru Pxt P ttrfinent s"iw.t.va'"tc �1IT11�tYT� �Pi3FIIf1:lPTIf Richard T. McIntosh One Salem Green August 10, 1984 745-0213 John Spinale Re. 34 Bridge St. 11 High St. Permit #139 Salem, Mass. 01970 Dear Mr. Spinale: Based on a restraining order issued to me by the Superior Court, I am hereby revolking your Building Permit #139 for the above referred property. Until such time as the Zoning Board of Appeal renders a decision on the application of Nondas Lagonakis for administration rulings and permit revocation. Said hearing is tentatively scheduled for September 30, 1984. Very truly yours; f 7 < n Richard T. McIntosh m Inspector of Buildings cc: Nondas Lagonakis, 30 Fairview Ave. , Salem, Mass. James Hacker, 7 Ugo Rd. , Salem, Mass. Thomas Rhodes, 13 Country Drive, Beverly, Mass. Surrette Const. , 26 Elmwood Circle, Peabody, Mass. jc 1 � '" A` � •�' � III � �-� T„y _ - t -'�- �^ ' M b M1w mom ItiIII art 11 r MMOMMMirilli 11 I i t 41 s S Wim+ _ - s MIR UV F- COMMONWEALTH OF MASSACHUSETTS ✓ ESSEX, SS. THE TRIAL COURT SUPERIOR COURT DEPT. CIVIL ACTION NO. 84-1871 NONDAS LAGONAKIS, AS HE IS ) TRUSTEE OF THE CRETE REALTY ) TRUST, ) PLAINTIFF ) ) NOTICE OF WITHDRAWAL VS OF APPEARANCE JOHN D. SPINALE AND ) RICHARD T. MCINTOSH, ) BUILDING INSPECTOR AND ) ZONING ENFORCEMENT OFFICER ) OF THE CITY OF SALEM, AND ) KENNETH SURETTE, d/b/a ) SURETTE CONSTRUCTION COMPANY, ) DEFENDANTS To the Clerk of the above named court: Kindly enter my Withdrawal as attorney for the Zoning Enforcement Officer in the above matter. This notice is to be accompanied by the Appearance , of Successor Counsel as provided for by Mass. Rules of Civil Procedure 11 (c) . chael E. 0 rien, Esq. 81 Washington Street Salem, MA 01970, Telephone (508 ) 744-3363 BBO#376035 Dated: January 2 , 1990 't. Certificate of Service I , Michael E. O'Brien, hereby certify I served the attached Notice of Withdrawal upon all parties to this action by causing a copy of the same along with a copy of the Notice of Appearance of Successor Counsel to be forwarded first class mail, postage paid, to the following: Leonard F. Femino, Esq. Gregory Demakis, Esq. 1 School Street 56 Central Avenue Beverly, MA 01915 Lynn, MA 01901 Stuart R. Abrams, Esq. John R. Serafini, Sr. , Esq. 19 North Street 63 Federal Street Salem, MA 01970 Salem, MA 01970 City of Salem City of Salem Board of Appeal Building Inspector One Salem Green One Salem Green Salem, MA 01970 Salem, MA 01970 I further certify ,to the best of my knowledge there are no motions now pending before this court and no trial dateas been set. i,-SSigned under the pains and penalties of perjury . this 7 day of January, 1990 . Michael E. O'Brien COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. THE TRIAL COURT SUPERIOR COURT DEPT. CIVIL ACTION NO. 84-1871 NONDAS LAGONAKIS, AS HE IS ) TRUSTEE OF THE CRETE REALTY ) TRUST, ) PLAINTIFF ) VS ) NOTICE OF. APPEARANCE ) JOHN D. SPINALE AND ) RICHARD T. MCINTOSH, ) BUILDING INSPECTOR AND ) ZONING ENFORCEMENT OFFICER ) OF THE CITY OF SALEM, AND ) KENNETH SURETTE, d/b/a ) SURETTE CONSTRUCTION COMPANY, ) DEFENDANTS ) To the Clerk of the above named court: Kindly enter my Appearance as attorney for the Zoning Enforcement Officer in the above matter. 7Abnard F. Femino, Esq. One School Street Beverly, MA 01915 Telephone ( 5'08 ) 921-1990 Assistant City Solicitor Dated: January 2 , 1990