394 HIGHLAND AVENUE - KATSAPETSAS, THOMAS - ZBA 394 Highland Ave. BPD
Thomas Ka BP Tr.
/ \ Prime Investment Group Trust .........
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SEP u
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DECISION ON A REQUEST FOR AN EXTENSION AT 394 HIGHLAND AVE. , ,_,,
THOMAS KATSAPETSIS, TRUSTEE, PRIME INVESTMENT TRUST
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property is requesting a twenty four month extension on
Condition 2(v) of a Consent Judgment that was entered into on August 18, 1986.
The property is located in a BPD District. The extension is requested to allow
the completion of the remaining units in the condominium project.
The Board of Appeal , after carefully considering the evidence presented, makes the
following findings of fact:
1 . All municipal services required by the Consent Judgment made on August 18,
1986 in Superior Court were installed within three (3) years from the date
of approval of definitive plans.
2. Construction of all of the proposed condominium units has not been completed
due to changes in. economic conditions.
3. The petitioner acquired the property subject to the Consent Judgment and
requests a twenty four (24) month time extension to comply with that
Consent Judgment.
4. Several occupants and neighbors of the condominium complex spoke in favor
of the petition, citing improvements made by the petitioner once he acquired
an interest in the property.
5. A petition signed by ninety seven (97) individuals in favor of the extension
was presented for the record.
6. The construction thus far completed, coupled with changing economic conditions,
make this property unique within the zoning district and create a hardship
for the petitioner if the time extension is not granted.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the 24 month
extension on condition all other conditions of the Consent Judgment made on April
18, 1986 in Superior Court be complied with.
Mary J tirgwo t, tuber Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal frau this decision, if any, shall be made pursuant to Section 17 of the Mass. General Laws, Chapter
808, and shall be filed within 20 days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Mass. General Laws Chpater 808, section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Cleric that 20 days
have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record
nr is recorded and noted on the Owner's Certificate of Title. 4
............... _
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381-
Will hold a public hearing for all persons inter-
ested in the petition submitted by Thomas Katsa-
.petsas,Tr.,Prime Investment Group Trust to allow
a 24 month extension to complete construction of i
the remaining units at 394 Highland Ave. (BPD).
Said hearing to be held Wednesday, September h
19,1990 at 7:00 P.M.,One Salem Green,2nd floor.
r RICHARD A. BENCAL, Chairman
+ September 5, 12, 1990 -
r
1 - CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 391
Will hold a public hearing for all persons inter-
ested in the petition submitted by Thomas Katsa- {
petsas,Tr.,Prime Investment Group Trust to allow
a 24 month extension to complete construction of
the remaining units at 394 Highland Ave. (BPD).
Said hearing to be held Wednesday, September
19, 1990 at 7:00 P.M.,One Salem Green,2nd floor.
RICHARD A. BENCAL, Chairman
September 5, 12, 1990
I ,
k
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
OLLU 0f ce571MTI -M Ur ,ZTC11115effS
Ttoarl of Appe'll
FO THE COARD OF APPEALS:
The 111'oders 1'gned represent that he is area; the c,:;rerR of a certain parcel of land located
Jt :10. .3.9.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S:bo ; Zoning District. . . . . .
BAD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Zoning ordinance ,
Plans f-'2scribing the work proposed, have been suh;Jtted to the Inspector of Buildings in
accor,4
do:ice with Section IX A. 1 o, the Zoning Ordinance.
This is a direct appeal . A Consent Judgment was made on
August 18 , 1986 by the Judge of the superior Court In the matter of
Mike Stasinos vs . The City of Salem Board of Appeal to allow the
construction of 140 condominium residential units at "The Highland
Condominium at Salem" . Condition 2(v) of said Consent Judgment
states " that the Plaintiff (Mike Stasinos) shall complete all
construction and Install all required municipal services within 3
years from the date of approval of the definitive plans . . . " . All
municipal services have been constructed and Installed within the 3
years period but the construction of all the units have notwetlaeen
completed due to the present economic conditions .
m
c:;
m
3z.co TM
A question has arisen by the Attorney of the new mort!"9 ed
bank regarding the language In Condition 2(v) of the Consent'." co
Judgment affecting the title to the remaining Incomplete units
presently under construction . The Petitioner respectfully requests
that he be granted an extension of 24 months to complete
construction of all remaining units In the Condominium project .
THOMAS N . KATSAPETSAS , Trustee
PRIME INVESTMENT GROUP TRUST
Owner. .
zr
�
46 Thurlow Street , Georgetown ,
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MA
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ZZ Sane . as above
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date'August . . 1990 . . h
. . . . . . . . . . . . . . . .
Telepho . . . . . . . . . . . . . . . . . . . .
`v
0
By.. . . . . . . . . . . . . . . . . . . . . .
GEO GE P . WALLIS , ESQUIRE
Three copies of the application must be filed with the cretary 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.
PETITION TO HOARD OF APPEALS
LOCATION `
394 Highland Avenue
Salem, MA
................................................................ _
Thomas N. Katsapetsas, Trustee
PGTITIONEhrime Investment, Group Trust
ADDRESS........146.....................Thurlow.......Street...........
Georgetown, MA
................................................
COND!'l IONS
................................................................. -
........................ .......................................
E
................................................................
.................................................................
................................................................. _
................................................................. r
PETITION APPROVED....................
DENIED...........r........... (�
.......1 19.........
9
i
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO, 86-1534
MIKE STASINOS
VS
CITY OF SALEM BOARD OF APPEAL,
AND JAMES B. HACKER, RICHARD A.
BENCAL, JAMES M. FLEMING, EDWARD CONSENT JUDGMENT
LUZINSKI , PETER STROUT, ARTHUR
LABRECQUE, PETER A. DORE, AS
THEY ARE MEMBERS OF THE CITY OF
V SALEM BOARD OF APPEAL
JV �
It is hereby agreed by all parties that Consent Judgment
shall be entered in the appeal from a decision of the City of
! � Salem Board of Appeal , denying the Plaintiff ' s Petition request-
ing the Board to issue a variance to allow construction on prem-
ises at #399 Highland Avenue, Salem, encompassing appro-
ximately twenty-five ( 25 ) acres and lying in Districts R-1 , R-C,
and BPD, which has been previously described as lying in Dis-
tricts R-1 , R-C and B-2 , and that the contested decision of the
Defendant Board of Appeal be amended and that its decision be
entered granting a variance with the following conditions :
1 ) The Plaintiff , Mike Stasinos , shall withdraw.. a p ndin(f
subsequent petition presently before the Defendant Bo2',r-d 51P Ap- F
peal , with prejudice, upon final approval of this AgreeAen_t ford
Consent Judgment by this Court. " �'
0
2 ) That the variance to be granted to the Plai=htiff7Z MikC
Stasinos , by the Defendant Board of Appeal shall contAin ttie .fok�-
v lowing .conditions, that the Plaintiff agrees to: " o
a ) That the Plaintiff , Mike Stasions, shall be allow-
ed to construct 140 condominium residential units and building ,
containing a total of 3000 square feet of floor space on one
floor on a parcel of land containing 27 , 000 square feet of land ,
all set forth in a plan entitled "Highland Acres , Salem Highland
Ave . Development Corp . , Owner and Developer, Peter F. MiDeo Assoc .
Arch. " , dated August 3 , 1986 , a copy of which has been furnished
the Defendant Board of Appeal and the City Planner , City of Salem.
Said building is to be deeded to the Condominum Association with-
in a thirty-six month period from acceptance of this Agreement .
The building is to be used for a temporary job site/real estate
sales . The building is to be used solely by the developer .
b) That the Plaintiff , Mike Stasions , shall grant to
the City of Salem a parcel of land totalling 4 . 1 acres of land
which shall be used by the City of Salem for soccer fields ; and,
that the Plaintiff shall develop, at his cost, said proposed area ,
including screening, grading and seeding and fencing six ( 6 ' ) feet
in height, parking area and water fountain, all as defined and ap-
proved by the City Planner, City of Salem, in the location designat-
ed in the aforementioned plan.
c) That the City Planner , subject to the approval of the
Board of Appeal , shall select a qualified professional engineer , at
the Plaintiff ' s cost , who shall provide his services, to include the
duties of Clerk of Works, and supervise and oversee the construction
to be underaken by the Plaintiff , to insure that said construction
complies with Section IV and V of the Sub-division Regulations of the
City of Salem; and, that said Engineer shall submit to the Board of
Appeal and City Planner, City of Salem, a written progress report of
the undertaken construction every two ( 2 ) weeks . That said engineer-
ing services shall include the supervision and overseeing of the im-
provements required in the installation of streets , roadways , side-
walks , grass strips, monuments and utilities, all as provided in the
approved definitive plans submitted by the Plaintiff . It is agreed
that said services to be furnished by the Plaintiff shall not exceed
any and all normal design standards for traffic impact and allow for
waivers by the Board of Appeal , City of Salem, if deemed proper .
Final approval shall be given by the Board of Appeal , which shall
not unreasonably be with-held.
d ) The Plaintiff , MIke Stasions, shall submit a prelimin-
ary plan of the development to the Board of Health which shall be sub=
mitted and approved by theBoard of Health, Conservation Commission ,
City Engineer, Superintendent of Streets, Fire Department, Police
Department, and School Department, City of Salem.
e ) The Plaintiff , Mike Stasinos, shall submI " icr t,q
the start of construction, a final definitive plan of cmnst&2,ct ; en to
the Board of Appeal , City of Salem, all in proper form a�gd con.. ••nr's
as required by Section IIIB, of the Sub-division Regularti�anii� : - Y'::, of
Salem. ��n v
a o
f ) The Plaintiff, Mike Stasinos, shall , pr&or t-& cr- ruc-
tion, submit an Environmental Impact Statement in full."ndeole.it -'orm,
indicating the relation of the proposed project to the tota"1 .. . : ron-
ment of the City of Salem and its inhabitants , and a copy of s.:Ch to
the Board of Appeal , City of Salem.
g ) The Plaintiff , Mike Stasinos, shall file with gin., City
Solicitor, City of Salem, a performance bond, on approved form. , nd in
an amount approved by the Director of Public Services guara:.c •, ing
that the proposed constructions shall , upon completion, comply . : th
this Consent Judgment and all pertinent sections of the Sub-division
Regulations, City of Salem, to be applied to the unfinished wcr.i ,
prior to issuance of necessary compliance permits .
- 2 -
h ) That the Plaintiff, Mike Stasinos, in the construction
of the subject project, shall meet all design standards for streets,
easements, open spaces, and the protection of natural features, all
as set forth in Section IV •and V. of the Sub-division Regulations,
City of Salem. The Board of Appeal and City Planner, City of Salem,
shall reserve all rights of final approval , which approval shall not
be unreasonably be with-held .
i ) That the plaintiff , Mike Stasinos, in the construction
of the subject project, shall meet all required improvements , as set
forth in Section IV and V, sub-division Regulations , City of Salem.
j ) That a neighborhood review process shall be initiated
between the Plaintiff , neighborhood residents and the City Planning
Department, City of Salem, through which a neighborhood meeting shall
be held to review the project and its components and necessary changes
and alterations to such plans shall be made as requested within the
parameters of the approved variance.
k ) The Plaintiff shall contribute to any and all proposed
traffic improvements on the Highland Avenue-Swampscott Road area, as
defined by the City through its Comprehensive Traffic Study now being
undertaken. Such a contribution shall be made with the approval of the
City Planner according to a formula designed such that all developmentE
within the surrounding geographical area shall fairly share such costs .
1 ) The Plainitff shall be required to reserve a strip of
land to be defined by the City, along Highland Avenue, for the future
widening of the roadway if deemed necessary by the Comprehensive Traf-
fic Study now being undertaken.
m) The Petitioner, Mike Stasinos, amend ]his died to the rez
property located at 394 Highland Avenue, Salem, Massachusetts , @hd saic
amendment to be a covenant not to build on any porti p7nofxsaid ,peal es-
tate, other than on that portion utilized for 140 com4t3mi4Dium units anc
3 , 000 square foot building. Said amendment is to be approved inform b;
the City Solicitor. b o
-o m
n ) That all exterior building designs, bi4ldinq locations ,
lighting, landscaping, infrastructure, and site planffing �d design
elements of the proposed development shall be subject to the review
and approval of the Board of Appeal and City Planner, City of Salem.
o) That a buffer zone of 200 feet along the eastern boun-
dary of the property shall be created so that the abutters of Pyburn
Avenue and Madeline Avenue not be adversely impacted; and , that in
order to eliminate any visual impact of the development upon the ab-
utting neighborhood, the proposed landscaping to screen buildings
from the residences of the above avenues shall be reviewed and ap-
proved by the City Planner. The Plaintiff shall also provide that
there be no other access to the parcel other than from Highland Ave-
nue, prohibiting any access to said parcel from Appleby Road , :Made-
line Avenue, Pyburn Avenue, Ravenna Avenue, or Sophia Road or any
other accepted public way.
P) That there will be no attempted closure of the median way
on Highland Avenue, at the entrance of Ravenna Avenue by the develop-
er or Condominium Association.
3 -
q ) The Plaintiff shall relinquish the foundation and build-
ing permits, as issued by the City of Salem currently existing for
commercial uses on the parcel, upon finanal approval by the Board
of Appeal and allownace of this Agreement for Consent Judgment by
the Superior Court .
r ) That all water, sewer and drainage improvements on the
site shall be subject to the review and approval of the City Plan-
ner and Director of Public Services, City of Salem; and , that all
issues and concerns regarding drainage and wetlands shall be re-
viewed and approved by the Conservation Commission, City of Salem.
s ) That an assessment of impact of the proposed project
on existing infrastructure services , including water, sewer and
drainage, shall be made by the City Planner and Director of Pub-
lic Services, City of Salem. That upon such assessment, the Plain-
tiff shall make any necessary improvements, at his costs, if re-
quested by the City Planner and Director of Public Services . If
it is deemed that improvements are necessary, and attributable
to the project, to upgrade the existing wastewater pump station
on Ravenna Ave. said improvements shall be implemented by and at
the cost of the Plaintiff .
t ) If required by the State Department of Public Works,
the Plaintiff shall contribute the demanded funds for drainage
improvements proposed in the vicinity of Rich' s Department Store,
Highland Avenue, Salem, in an effort to eliminate drainage pro-
blems found in the geographical area.
U ) That the City Planner shall submit a written state-
ment of satisfaction of all such conditions to the Building In-
mi
spector, City of Salem prior to the issuance of a bui�din P
V) That the Plaintiff shall complete all cosngrm ction o
and install all required municipal services within thtem ( _
years from date of approval of the definitive plans ;
ne
C
shall provide that the proposed construction will be ' ',five m
( S ) phases, all as provided for in the definitive plargEto
submitted for approval .
to O
1 . That, in the work to be done on said pro-
ject , the General Contractor and all sub-contractors shall
restrict the performance of the work between the hours of
7 : 00 A.M. and 6 : 00 P .M. , Monday through Friday, excluding
work of a quiet nature . The hours for blasting shall be de-
termined by the Salem Fire Marshall .
2 . That the By-Laws of the Condominium Assoc-
iation, to be executed and administered by the Condominium
Association, shall provide that all costs of trash collec-
tion and snow removal shall be paid for by the Association.
- 4 -
w ) That the petitioner, Mike Stasinos, upon filing of
the Definitive Plan with the Board of Appeal , shall also file
said Definitive Plan with the Board of Health.
Mike Stasinos, Plaintiff
by his attorne
Nicholas G. Curuby
7 Franklin Street
Lynn, MA. , 01902
( 617 ) 595-0009
City of Salem,
and of Appeal ,
b its att/o�rne
/`� - tC�E'C..Y
Michael E. O' Brien ✓-
City Solicitor
City Hall
93 Washington Street
Salem, MA. 01970
August 15 , 1986
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- 5 -
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 86-1534
MIKE STASINOS,
PLAINTIFF
VS
CITY OF SALEM BOARD OF
APPEAL, AND JAMES B. MOTION FOR HEARING ON
HACKER, RICHARD A. BEi1CAL, AMENDED FORM OF JUDGMENT
JAMES M. FLEMING, EDWARD OR RELIEF FROM JUDGMENT
LUZINSKI , PETER STROUT,
ARTHUR LABRECQUE, PETER A.
DORE, AS THEY ARE MEMBERS
OF THE CITY OF SALEM BOARD
OF APPEAL,
DEFENDANTS
Now comes the Plaintiff , Mike Stasinos, pursuant to Rule
58 (a ) and Rule 60 of the Massachusetts Rules of Civil Procedure,
and moves this Honorable Court to schedule a hearing on the
amended form that the judgment in this action should take and
to order that amended judgment enter in the form attached here-
to.
n �
(� 16
- �z7 O � By the Plaintiff ' s ato�ey :
, .
f� 1 li
Nicholas G. Curuby,n s
? 7 - d I U' 7 Franklin Street y o
Lynn , Mass . 01902
Telephone ( 617 ) 595-0009
a ,
f Assenteyi to by Defendants ' Attorney
Michael E. O'Brien - !'
City Solicitor
City Hall, 93 Washington Street
Salem, MA. 01970
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 86-1534
MIKE STASINOS,
PLAINTIFF
VS
CITY OF SALEM BOARD OF APPEAL,
AND JAMES B. HACKER, RICHARD A.
BENCAL, JAMES M. FLEMING, EDWARD AMENDED CONSENT JUD MENT
A. LUZINSKI, PETER STROUT, ARTHUR
LABRECQUE, PETER A. DORE, AS THEY
ARE MEMBERS OF THE CITY OF SALEM,
BOARD OF APPEAL,
DEFENDANTS ((j
It is hereby agreed by all parties that the Consent �f
Judgment entered by this Court on August 18 , 1986 , be
amended as follows :
1. ) Paragraph 2 ) subparagraph a ) line three is
amended by striking out the word "one" and sub-
stituting in its place the word "two" .
2 . ) Paragraph 2 ) subparagraph b) line two is here-
by amended by striking out the words 4 . 1 acres and
substituting the words "3 . 95 acres" in its place .
3. ) Paragraph 2 ) subparagraph c) line two is
amended by striking out the words "professional
engineer" and substituting the words "Clerk, oft 2�
the Works" ; line seven is amended by striking Z�it 2
the word "Engineer" and substituting in its place c=, c
the words "Clerk of the Works" ; line ten and etileWven
are amended by striking out the word "engineer,-°ig"�
and substituting the words "supervision serviv�e;�"
in its place. o o
Except as expressly hereby amended, the Consul J�d,_q- "
ment of August 18 , 1986 is hereby confirmed.
Mike Stasinos, Plaintiff City of Salem,
by his attorney: Board of Appeal ,
/I (� by its attorney:
--
Nicholas G. Curuby _ ichael E. O' Brie
7 Franklin Street City Solicitor
Lynn, Mass. 01902 93 Washington Street
Telephone ( 617 ) 595-9000 Salem, Mass . 01970
Telephone ( 617 ) 744-3363
Dated :
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
GERARD KAVANAUGH `� r ONE SALEM GREEN
CITY PLANNER �j�` - 01970
16171744-4560
October 21, 1986
Mr. William Munroe
Building Inspector
City of Salem
One Salem Green
Salem, MA. 01970
Dear Bill:
Mike Scasinos has now met all the conditions of the Consent
Judgement (as revised per the October 15, 1986 Board of Appeal Meeting) .
As a result , a building permit can be issued.
If you have any questions, please ncall me.
Si 1' 1 ly
/Gerar vana gh m z
City Pla er m n
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 86-1534
MIKE STASINOS o p
VS o a
CITY OF SALEM BOARD OF APPEAL,
AND JAMES B. HACKER, RICHARD A. �nv
BENGAL, JAMES M. FLEMING, EDWARD CONSENT JUDGMENT
LUZINSKI , PETER STROUT, ARTHUR
LABRECQUE, PETER A. DORE, AS
THEY ARE MEMBERS OF THE CITY OF
SALEM BOARD OF APPEAL
It is hereby agreed by all parties that Consent Judgment
shall be entered in the appeal from a decision of the City of
! � Salem Board of Appeal , denying the Plaintiff ' s Petition request-
ing the Board to issue a variance to allow construction on prem-
ises located at #394 Highland Avenue , Salem, encompassing appro-
ximately twenty-five (25 ) acres and lying in Districts R-1 , R-C,
and BPD, which has been previously described as lying in Dis-
tricts R-1, R-C and B-2 , and that the contested decision of the
Defendant Board of Appeal be amended and that its decision be
entered granting a variance with the following conditions :
1 ) The Plaintiff , Mike Stasinos, shall withdraw a pending
subsequent petition presently before the Defendant Board of Ap-
peal , with prejudice , upon final approval of this Agreement for
Consent Judgment by this Court.
2 ) That the variance to be granted to the Plaintiff , Mike
7\ Stasinos, by the Defendant Board of Appeal shall contain the fol-
lowing conditions , that the Plaintiff agrees to:
a ) That the Plaintiff , Mike Stasions, shall be allow-
ed to construct 140 condominium residential units and building,
containing a total of 3000 square feet of floor space on one
floor on a parcel of land containing 27 , 000 square feet of land ,
all set forth in a plan entitled "Highland Acres , Salem Highland
Ave . Development Corp . , Owner and Developer , Peter F. MiDeo Assoc.
Arch. " , dated August 3 , 1986 , a copy of which has been furnished
the Defendant Board of Appeal and the City Planner , City of Salem .
Said building is to be deeded to the Condominum Association with-
in a thirty-six month period from acceptance of this Agreement .
The building is to be used for a temporary job site/real estate
sales . The building is to be used solely by the developer .
b) That the Plaintiff , Mike Stasions , shall grant to
the City of Salem a parcel of land totalling 4 . 1 acres of land
which shall be used by the City of Salem for soccer fields ; and,
that the Plaintiff shall develop, at his cost, said proposed area ,
including screening, grading and seeding and fencing six ( 6 ' ) feet
in height , parking area and water fountain, all as defined and ap-
proved by the City Planner, City of Salem, in the location designat-
ed in the aforementioned plan.
c ) That the City Planner, subject to the approval of the
Board of Appeal , shall select a qualified professional engineer , at
the Plaintiff ' s cost, who shall provide his services , to include the
duties of Clerk of Works , and supervise and oversee the construction
to be underaken by the Plaintiff , to insure that said construction
complies with Section IV and V of the Sub-division Regulations of the
City of Salem; and, that said Engineer shall submit to the Board of
Appeal and City Planner, City of Salem, a written progress report of
the undertaken construction every two ( 2 ) weeks. That said engineer-
ing services shall include the supervision and overseeing of the im-
provements required in the installation of streets , roadways, side-
walks , grass strips , monuments and utilities, all as provided in the
approved definitive plans submitted by the Plaintiff . It is agreed
that said services to be furnished by the Plaintiff shall not exceed
any and all normal design standards for traffic impact and allow for
waivers by the Board of Appeal , City of Salem, if deemed proper .
Final approval shall be given by the Board of Appeal, which shall
not unreasonably be with-held.
d ) The Plaintiff, MIke Stasions, shall submit a prelimin-
ary plan of the development to the Board of Health which shall no sub=
mitted and approved by theBoard of Health, Conservation Commission ,
City Engineer, Superintendent of Streets , Fire Department, Police
Department, and School Department, City of Salem. c') 3
-- c
e ) The Plaintiff , Mike Stasinos, shall submit, prior t'&
the start of construction, a final definitive plan of ccrr��,,tx` -11 c-�to
the Board of Appeal , City of Salem, all in proper form � rd c-a.t ••cr
as required by Section IIIB, of the Sub-division Regulait�ionss_ . :_j of
Salem. ?m
o "n o
f ) The Plaintiff , Mike Stasinos, shall , pri(or to c( •,a:.:ruc-
tion, submit an Environmental Impact Statement in full and `�e.ir form,
indicating the relation of the proposed project to the total .-nvi r.on-
ment of the City of Salem and its inhabitants , and a copy of s-ch to
the Board of Appeal , City of Salem.
g ) The Plaintiff , Mike Stasinos, shall file with In.. : ity
Solicitor, City of Salem, a performance bond, on approved form. , .....i in
an amount approved by the Director of Public Services guara,-.* - ing
that the proposed constructions shall , upon completion, comply vlth
this Consent Judgment and all pertinent sections of the Sub-div : s : on
Regulations, City of Salem, to be applied to the unfinished wcr:c ,
prior to issuance of necessary compliance permits .
- 2 -
h ) That the Plaintiff , Mike Stasinos , in the construction
of the subject project, shall meet all design standards for streets,
easements , open spaces , and the protection of natural features, all
as set forth in Section IV and V of the Sub-division Regulations,
City of Salem. The Board of Appeal and City Planner, City of Salem,
shall reserve all rights of final approval, which approval shall not
be unreasonably be with-held.
i ) That the plaintiff , Mike Stasinos, in the construction
of the subject project , shall meet all required improvements, as set
forth in Section IV and V, sub-division Regulations, City of Salem.
j ) That a neighborhood review process shall be initiated
between the Plaintiff , neighborhood residents and the City Planning
Department, City of Salem, through which a neighborhood meeting shall
be held to review the project and its components and necessary changes
and alterations to such plans shall be made as requested within the
parameters of the approved variance .
k ) The Plaintiff shall contribute to any and all proposed
traffic improvements on the Highland Avenue-Swampscott Road area, as
defined by the City through its Comprehensive Traffic Study now being
undertaken. Such a contribution shall be made with the approval of the
City Planner according to a formula designed such that all development!
within the surrounding geographical area shall fairly share such costs
1 ) The Plainitff shall be required to reserve a strip of
land to be defined by the City, along Highland Avenue, for the future
widening of the roadway if deemed necessary by the Comprehensive Traf-
fic Study now being undertaken.
m) The Petitioner, Mike Stasinos, amend fits deed tocthe rea
property located at 394 Highland Avenue, Salem, Massac;}�usetts , a-nd sai(
amendment to be a covenant not to build on any port ionof,.paid gal es
tate, other than on that portion utilized for 140 condominium un=its ant
3 , 000 square foot building. Said amendment is to be apFp'rd0ed inc-form b,
the City Solicitor.
n ) That all exterior building designs , buildfiFg locations,
lighting, landscaping, infrastructure, and site planning and design
elements of the proposed development shall be subject to the review
and approval of the Board of Appeal and City Planner, City of Salem.
o) That a buffer zone of 200 feet along the eastern boun-
dary of the property shall be created so that the abutters of Pyburn
Avenue and Madeline Avenue not be adversely impacted; and , that in
order to eliminate any visual impact of the development upon the ab-
utting neighborhood, the proposed landscaping to screen buildings
from the residences of the above avenues shall be reviewed and ap-
proved by the City Planner. The Plaintiff shall also provide that
there be no other access to the parcel other than from Highland Ave-
nue, prohibiting any access to said parcel from Appleby Road , Made-
line Avenue, Pyburn Avenue, Ravenna Avenue, or Sophia Road or any
other accepted public way.
P ) That there will be no attempted closure of the median way
on Highland Avenue, at the entrance of Ravenna Avenue by the develop-
er or Condominium Association.
- 3 -
q) The Plaintiff shall relinquish the foundation and build-
ing permits, as issued by the City of Salem currently existing for
commercial uses on the parcel, upon finanal approval by the Board
of Appeal and allownace of this Agreement for Consent Judgment by
the Superior Court.
r ) That all water, sewer and drainage improvements on the
site shall be subject to the review and approval of the City Plan-
ner and Director of Public Services, City of Salem; and, that all
issues and concerns regarding drainage and wetlands shall be re-
viewed and approved by the Conservation Commission, City of Salem.
s ) That an assessment of impact of the proposed project
on existing infrastructure services, including water, sewer and
drainage, shall be made by the City Planner and Director of Pub-
lic Services, City of Salem. That upon such assessment, the Plain-
tiff shall make any necessary improvements, at his costs, if re-
quested by the City Planner and Director of Public Services. If
it is deemed that improvements are necessary, and attributable
to the project, to upgrade the existing wastewater pump station
on Ravenna Ave. said improvements shall be implemented by and at
the cost of the Plaintiff .
t ) If required by the State Department of Public Works,
the Plaintiff shall contribute the demanded funds for drainage
improvements proposed in the vicinity of Rich ' s Department Store,
Highland Avenue, Salem, in an effort to eliminate drainage pro-
blems found in the geographical area.
U ) That the City Planner shall submit a written state-
ment of satisfaction of all such conditions to the Building In-
spector, City of Salem prior to the issuance of a building per-
mit.
V) That the Plaintiff shall complete all cosntc-�uctgon
and install all required municipal services within three ( 3 ) ='
years from date of approval of the definitive plans; and he —
shall provide that the proposed construction will be r2 f4'7ve
( 5 ) phases , all as provided for in the definitive plan,:;to be
submitted for approval .
1 . That, in the work to be done on said p� __qject, the General Contractor and all sub-contractors shalom
restrict the performance of the work between the hours of
7 : 00 A.M. and 6 :00 P.M. , Monday through Friday, excluding
work of a quiet nature. The hours for blasting shall be de-
termined by the Salem Fire Marshall .
2 . That the By-Laws of the Condominium Assoc-
iation, to be executed and administered by the Condominium
Association, shall provide that all costs of trash collec-
tion and snow removal shall be paid for by the Association .
4 -
w ) That the petitioner, Mike Stasinos, upon filing of
the Definitive Plan with the Board of Appeal , shall also file
said Definitive Plan with the Board of Health.
Mike Stasinos, Plaintiff
by his attorne :
Nicholas G. uruby
7 Franklin Street
Lynn, MA. , 01902
( 617 ) 595-0009
City of Salem,
BA�ard of. Appeal,
b its attorney-,
Michael E. O'Brien
City Solicitor
City Hall
93 Washington Street
Salem, MA. 01970
August 15 , 1986
H c
Go —
H �O
O
- 5 -
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 86-1534
MIKE STASINOS,
PLAINTIFF
VS
CITY OF SALEM BOARD OF
APPEAL, AND JAMES B. MOTION FOR HEARING ON
HACKER, RICHARD A. BENCAL, AMENDED CORM OF JUDGMENT
JAMES M. FLEMING, EDWARD OR RELIEF FROM JUDGMENT
LUZINSKI , PETER STROUT,
ARTHUR LABRECQUE, PETER A.
DORE, AS THEY ARE MEMBERS
OF THE CITY OF SALEM BOARD
OF APPEAL,
DEFENDANTS
Now comes the Plaintiff , Mike Stasinos , pursuant to Rule
58 (a ) and Rule 60 of the Massachusetts Rules of Civil Procedure,
and moves this Honorable Court to schedule a hearing on the
amended form that the judgment in this action should take and
to order that amended judgment enter in the form attached here-
to.
- J17 By the Plaintiff ' s 7lttor-hey : ,=
[n n u
LD
QC t�
��� g
�f Nicholas G. Curuby, s .�
r~
c,
2 � . d J 7 Franklin Street ti o
Lynn , Mass . 01902
Telephone ( 617 ) 595-0009
t Assentey3 to by Defendants ' Attorney
ichael E. O'Brien—
City Solicitor
City Hall, 93 Washington Street
Salem, MA. 01970
I
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO. .86-1534
A
MIKE STASINOS,
PLAINTIFF
VS
CITY OF SALEM BOARD OF APPEAL,
AND JAMES B. HACKER, RICHARD A.
BENGAL, JAMES M. FLEMING, EDWARD AMENDED CONSENT JUD MENT
A. LUZINSKI , PETER STROUT, ARTHUR
LABRECQUE, PETER A. DORE, AS THEY OL
ARE MEMBERS OF THE CITY OF SALEM,
BOARD OF APPEAL,, 4�
DEFENDANTS
It is hereby agreed by all parties that the Consent
Judgment entered by this Court on August 18 , 1986 , be
amended as follows :
1. ) Paragraph 2 ) subparagraph a ) line three is
amended by striking out the word "one" and sub-
stituting in its place the word "two" .
2 . ) Paragraph 2 ) subparagraph b) line two is here-
by amended by striking out the words 4 . 1 acres and
substituting the words "3 . 95 acres" in its place .
3. ) Paragraph 2 ) subparagraph c) line two is
amended by striking out the words "professional
engineer" and substituting the words "Clerk o§
the Works" ; line seven is amended by striking out
the word "Engineer" and substituting in its pf�rne
the words "Clerk of the Works" ; line ten and t_ eva.a. o
are amended by striking out the word "engineerngri
and substituting the words "supervision servicle LD
in its place .
m
N
Except as expressly hereby amended, the Conse'ynt Jtoq-
ment of August 18, 1986 is hereby confirmed.
Mike Stasinos, Plaintiff City of Salem,
by his attorney: Board of Appeal ,
by its attorney :
Nicholas G. CurubyMichael E. O' Brie
7 Franklin Street City Solicitor
Lynn, Mass. 01902 93 Washington Street
Telephone ( 617 ) 595-9000 Salem, Mass . 01970
Telephone ( 617 ) 744-3363
Dated :
` T D
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
GERARD KAVANAUGH ` ONE SALEM GREEN
CITY PLANNER 01970
1617174/•4560
October 21 , 1986
Mr. William Munroe
Building Inspector
City of Salem
One Salem Green
Salem, MA. 01970
Dear Bill :
Mike Stasinos has now met all the conditions of the Consent
Judgement (as revised per the October 15, 1986 Board of Appeal Meeting) .
As a result, a building permit can be issued.
If you have any questions, please call me.
n �
Si ce ly
--4
/Gerar vana gh ern v
City la er o R,
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P E T I T I O N
The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES , Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE , SALEM, MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE NAME ADDRESS
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P E T I T I O N
The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES, Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE, SALEM, ,MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE p� NAME ADDRESS
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P E T I T I O N
The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES, Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE, SALEM, MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE NAME ADDRESS
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The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES, Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE, SALEM, MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE NAME ADDRESS
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P E T I T I O N
The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES , Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE, SALEM, MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE NAME ADDRESS
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P E T I T I O N
The undersigned owners/occupants of townhomes at THE HIGHLAND
CONDOMINIUM AT SALEM, the immediate abutter to property owned
by THOMAS KATSAPETSES, Trustee of PRIME INVESTMENT GROUP TRUST,
approve the allowance by the Board of Appeals of the City of
Salem to said Prime Investment Group Trust to approve a 24 month
extension to complete the construction of the remaining units
at 394 HIGHLAND AVENUE, SALEM, MASSACHUSETTS . The hearing for said
extension is to be held on SEPTEMBER 19, 1990.
DATE NAME ADDRESS
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