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394 HIGHLAND AVENUE - ZBA (4) ,3 `� �-I � i ��1 can� � •v e. � 1 , I� '�1 � MM H x ;R}. � '.l LEONARD F. FEMINO KEVIN T. DALY ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O*BRIEN ONE SCHOOL STREET BEVERLY. MA 01915 SALEM, MA 01970 CITY SOLICITOR 745-4311 745-4311 93 WASHINGTON STREET 921-1990 745-0500 AND - PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO Of WASHINGTON STREET ZVO July 18 , 1988 James M. Fleming, Chairman so Salem Board of Appeal 3ft# AW44*4' A*e One. Salem Green Salem, Massachusetts 01970 —------------------------------- Re : Stasinos v Board of Appeal, et als Essex Superior Court # Is 86-1534 & 87-2852 Dear Mr. Fleming: Please be advised that pursuant to the authority given me by your Board on January 14 , 1988, 1 have settled the above two ( 2 ) cases. As you are aware the litigation in the above matter had- it' s inception over 3� years ago when the city sought to rezone land on Highland Avenue. I 'm sure you and the members of the Board of Appeal are quite familiar with the details of the above matter and I do not wish to burden you with a lengthy history of the same. However, a short recitation of the facts is necessary. Stasinos v Board of Appeals , et... als . , (Essex Superior Court #86-1534 ) ilivolves the Consent judgment entered into by Mr. Stasinos and the Board of Appeals. As a result of a ,,stop work" order issued against Mr. Stasinos in February 1987 , a contempt complaint was filed against the Board, the city of Salem, the city Planner and the Building Inspector, seeking monetary damages for the delay occasioned by. the The companion case order. (Essex Superior rta ELevel?"nent Cor'� v Board of Appeal, V7:2-85T involTes separate action by Mr. Stasinos demanding either a return of the land he deeded to the City for soccer fields or just compensation for the same. Based upon a review of pre-trial depositions of various city officials, examination of literally hundreds of documents and review of evolving case law, this office determined that the litigation should be settled. Two recent United States Supreme Court cases involving somewhat similar situations. ' are worthy of note. First English Church v County of Los Angeles , 107 S. Ct. 2378, decided June 8 , 1987 and Nolan v California Costal Commission, 107 S. Ct. 3141 decided on June 26 , 1987 are the leading cases on "regulatory takings" . The theory developed in these cases maintains that certain conditions and restrictions placed upon developers may constitute a "taking" for purposes of the Fifth Amendment. In addition, a recent Appellate decision in another jurisdiction has held that where a developer had to cede land as a condition of a zoning board ' s permission to build the owner is entitled to build without such a condition being adhered to. In addition, the owner can proceed with a claim for money damages (Unlimited v Kitsap County, 760 P. 2nd 651 ) . The above quoted cases taken in conjunction with the testimonial and documentary evidence convinced me that it was in the best interests of the city to settle these matters . In my opinion, the potential exposure to the City of Salem dictated a settlement. In closing, I am enclosing copies of the settlement documents for your files. In summary, the settlement deatils are as follows : 1. The Contempt action against the Board, City, City Planner and Building Inspector seeking monetary damages is dismissed; 2 . Mr. Stasinos will pay the City of Salem Trust Fund $75 , 000 . 00 for use of Youth Soccer and other private non-profit athletic organizations ; 3 . Mr. Stasinos will issue releases to the City of Salem, Board of Appeals and all other municipal boards and officials , past or present, individually and in their official capacities ; 4 . . The Board agrees that title to the disputed land vests in Mr. Stasinos and that the restrictions on the existing two-story building on the land are recinded. 5 . Mr. Stasinos agrees not to utilize the disputed land other than a .3d5x80 foot retail and office building. Zy truly yours , Michael E. O' Brien City Solicitor MEO/jp Enclosures n COMMONWEALTH OF MASSACHUSETTS ) ESSEX, SUPERIOR COURT DEPT. t> ESSEX COUNTY DIVISION CIVIL ACTION NO. 86-1534 MIKE STASINOS, PLAINTIFF VS. ALJ CITY OF SALEM BOARD OF APPEAL, AND ) JAMES B. HACKER, RICHARD A. BENCAL, vomlJAMES M. FLEMING, EDWARD A. LU2INSKI, ) �• PETER STROUT, ARTHUR LABREQUE, I PETER A. DORE, AS THEY ARE MEMBEP,S OF j )��b� 7jS THE CITY OF SALEM, BOARD OF APPEAL, d DEFENDANTS AMENDED CONSENT JUDGMENT It is hereby agreed by all parties that the Consent Judgment entered by this Court on Aug amended as follows: ust 18, 1986, as amended, be further 1 . ) Paragraph 2 ) subparagraph a ) is amended by striking out the second, third and fourth sentences thereof. 2 . ) Paragraph 2 ) subparagraph b) is amended by striking out said subparagraph in its entirety. 3 . ) Paragraph 2 ) subparagraph m) is amended by striking out said subparagraph in its entirety and substituting in its place the following: M) The plaintiff through Salem Highland Development Corporation agrees to limit the use of the 3 . 95 acres of land described in deed recorded in Essex South District Registry of Deeds as instrument #408 of December 18 , 1987 . Even though the land is now located in a Business Park Development zone and the plaintiff possesses a building permit from when the land was in a Business j 2 zone, he shall construct no buildings on said land other than a 305 x 80 foot building consisting of no more than two stories for retail and office area . The combined retail and office space shall not exceed 40 , 000 square feet , excluding hallways and common areas . 4 . ) Paragraph 2) is amended by inserting the following new subparagraph x) : x) The plaintiff shall pay the City of Salem Trust Fund Commission the sum of Seventy-Five Thousand ($75 , 000 .00) Dollars for the use of Youth Soccer or other non-private athletic organizations . 5 . ) Paragraph 2) is amended by inserting the following new subparagraph Y) : y) The plaintiff shall execute releases to the City of Salem, Salem Board of Appeal and all other municipal boards and officials , elected or appointed , past or present, individually and in their official capacities . 6 . ) Paragraph 2) is amended by inserting the following new subparagraph z) : z) The plaintiff agrees not to build on any portion of his real estate other than for 140 condominium units , the existing two-story 3 ,000 square foot building and proposed 305 x 80 foot building . The plaintiff further agrees not to institute any legal proceedings in law or equity to intensify the use of the land beyond that allowed by this subparagraph and to use the said existing building in accordance with building laws . 7 . ) The City shall issue to Salem Highland Development Corp . a building permit for the building described in Paragraph 3 hereof, which permit shall issue on or before July 31, 1988 . The fee for said permit has been paid in full . Except as expressly hereby amended , the consent Judgment of August 18, 1986 , as amended is hereby confirmed . Dated : July 5 , 1988 Mike Stasinos , Plaintiff City of Salem Board of Appeal by its attorney: willia 4het=han , I Esq. Michael E. O'Brien Pearl , McNiff , Crean , Cook & Sheehan City Solicitor 30. Main Street 81 Washington Street Peabody, PIA 01960 Salem, MA 01970 Telephone (G17) 531-1710 Telephone (617) 744-3363 " 4' COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. ESSEX COUNTY DIVISION CIVIL ACTION NO. 86-1534 MIKE STASINOS and SALEM HIGHLAND DEVELOPMENT CORP. , `1 PLAINTIFFS p� VS V CITY OF SALEM BOARD OF APPEAL, JAMES B. HACKER, RICHARD A. BENCAL, JAMES M. FLEMING, jJt' EDWARD J. LUZINSKI, PETER STROUT, ARTHUR LABRECQUE, PETER A. DORE, AS THEY ARE MEMBERS OF THE CITY OF SALEM BOARD OF APPEAL, GERARD KAVANAUGH, WILLIAM H. MUNROE AND CITY OF SALEM, DEFENDANTS STIPULATION OF DISMISSAL (CIVIL CONTEMPT) The parties in the above-entitled action for Civil Contempt pursuant to the provisions of Massachusetts Rules of Civil Procedure 41(a) ( 1) (ii) , hereby stipulate that said action be dismissed, with prejudice and without costs. Dated: July 5, 1 Sheehan, II sq. Michael E. O' Brien l Pearl, .McNiff, Crean, Cook & Sheehan City Solicitor 30 Main Street 81. Washington Street Peabody, MA 01960 Salem, MA 01970 Telephone ( 617 ) 531-1710 Telephone ( 617 ) 744-3363 Attorney for Plaintiff Attorney for Defendants COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department Essex County Division Docket No. 87-2852 4 SALEM HIGHLAND DEVELOPMENT CORP. , PLAINTIFF \ VS. CITY OF SALEM AND SALEM BOARD OF ) APPEALS, DEFENDANT ) AGREED MOTION FOR ENTRY OF JUDGMENT Now come the parties, by agreement , and move this Honorable Court, :,pursuant to Mass . R. Civ . P. 58 , to enter judgment in the above-captioned case in accordance with the proposed judgment attached hereto. In support of this motion, the parties state that they agree to form and substance of the proposed judgment . , Dated: July 5 , 1988 Respectfully submitted , Salem Highland Develo t Corp* , By its :to ney, , ' Willia H. h ha I I Pearl, McNiff , Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960 Telephone: ( 617 ) )531-1710 City of Salem Salem Board of Appeals, aMicaell attorney,E . O ' Brien, City Solicitor 81 Washington Street Salem, MA 01970 Telephone: ( 617) 744-3363 COMMONWEALTH OF MASSACHUSETTS Essex , ss . Superior Court Department Essex County Division Docket No. 87-2852 SALEM HIGHLAND DEVELOPMENT CORP. , ) PLAINTIFF ) ) VS. ) ) CITY OF SALEM AND SALEM BOARD OF ) APPEALS, DEFENDANT ) JUDGMENT Pursuant to Mass . R. Civ . P. 70, and by agreement of all parties to this action, it is ordered and adjudged that the City of Salem is divested of title to the real property described in Exhibit A attached hereto and title thereto is hereby vested in Salem Highland Development .Corp. , a Massachusetts corporation with a usual place of business in Lynn, Massachusetts . Each party to bear its own costs . Dated: Supe for C urt Judae EXHIBIT A The land in said Salem, situated on Highland Avenue and shown as Lot A on .a plan entitled, "Plan of Land in Salem, Mass . , Prepared for Salem Highland Development Corp. " dated August 25 , 1986 , Essex Survey Service, Inc. , Reg. Land Surveyor , recorded with Essex South District Registry of Deeds , in Plan Book 219 , Plan 36 , and more particularly bounded and described as follows: SOUTHEASTERLY by Highland Avenue, three hundred ninety and 35/100 ( 390 . 35 ) feet ; SOUTHWESTERLY by Right of Way, as shown on said p ' an, four hundred thirty-three and 54/100 ( 433 . 54 ) feet ; NORTHWESTERLY by Lot C, as shown on said plan, four hundred forty-six ( 446) feet ; NORTHEASTERLY by Lot B, as shown on said plan, one hundred seventy-five and 22/100 ( 175. 22 )' feet ; EASTERLY on a curve having a radius of ninety-one and 66/100 ( 91 . 66) feet, a distance of one hundred thirty-five and 07/100 ( 135 . 07 ) feet . Said parcel containing 3 . 95 acres of land , as shown on said plan. Said premises are conveyed subject to a thirty ( 30 ) foot wide easement, as shown on said plan and a sign easement for the benefit of the grantor as delineated on said plan . Said premises are conveyed together with an access easement for the benefit of Lot A, as shown on said plan. Permits CITY C: `.' '-`= August 3, 1988 Mr. Peter Giabbai JA-BY Engineering 363 Boston Road Topsfield, Massachusetts 01983 Dear Mr. Giabbai: This is to confirm the telephone conversation which took place on July 28, 1988, between yourself and my Permits Engineer re- garding your client, Michael Stasinos, and his proposed commercial establishment. As was explained to you,Chapter 81, Section 21, of the General Laws states: "Any person who builds or expands a business, residential, or other facility intending to utilize an existing access or a new access to a State Highway so as to generate a substantial increase in or impact on traffic shall be required to obtain a permit under this section prior to constructing or using such access. Said per- son may be required by the Department to install and pay for, pur- suant to a permit under this section, standard traffic control de- vices, pavement markings, channelization, or other highway improve- ments to facilitate safe and efficient traffic flow, or such high- way improvements may be installed by the Department and up to one hundred per cent of the cost of such improvements may be assessed upon such person. The Department may issue written orders to enforce the provisions of this section or the provisions of any permit, regulation, order, or approval issued under this section." I am by copy of this letter requesting the cooperation of the City of Salem in this matter. Specifically, that no building permit be recommended until the location of the proposed access is finalized. You were advised that as there are presently two (2) sets of "traffic control signals within 800 feet of each other, one of which services your client's condominium development, and that the Department may Continued. . .. Permits Continued . . .. _ CITY S ,l 7- ;,HAS S. place a restriction on a new driveway, if in fact we allowed any driveways at all within this area. Your traffic analysis must address this situation along with the possibility of all traffic utilizing the traffic control signals at your client's driveway. I am enclosing a copy of the District's traffic guide and drainage require- ments which you shall follow on this submittal. Very truly yours, L �J ?osep7WAngelo, PE Acting District Highway Engineer FJH/mfc cc: WM GW MK REJ Encl. k Consulting Engineers TIAPMgMjjWN & LICA NER COMPANY, INC. Engineering and Testing Laboratories 111 First Street - Cambridge, Massachusetts 02141 (617)492-2111 R -f;. �y@9 November 22, 1988 CITY CF, SALOL IACII S&S REALTY CORPORATION SALEM, MASSACHUSETTS TEST OF SOIL HIGHLAND PLAZA SALEM, MASSACHUSETTS Test Number - MM-689 Date Received - 11-1-88 Date Tests Completed - 11-9-88 Source - Sampled by T&L at the site stated to have come from Seabrook, New Hampshire Sample - 40 lbs. of off-site soil Test Procedure - Applicable ASTM methods Results - The following data have been obtained: Gradation, Analysis by x Passing Weight, Z Soil Type 3" 100 Gravel 41 Sand & Gravel- 2 96 Coarse Sand 6 Little Silt 1-1/2 92 Medium Sand 22 1 82 Fine Sand 26 3/4 78 Silt 5 1/2 71 3/8 66 414 59 10 53 Compaction 20 44 Characteristics 40 31 60 20 Type ASTM: D 1557 D 100 11 Optimum Moisture, 7 8 . 4 200 5 Maximum Density, PCF 129 . 4 THE THOMPSON & LICHTNER COMPANY, INC. E. Karalolos 00 Its tlp ` o Nou 26 727 0". - CITY O'FECESALEo 03 Z dEM,MASS. It r1k 14 Al xy If, / L -J 3520 THE THOMPSON & LICHTNER COMPANY, INC.1;ya�' PROJECT NO: Consulting Engineers Engineering and Testing Laboratories DATE ^rT 111 First Street Cambridge,Massachusetts 02141(617)492-2111 - f REPORT OF COMPRESSION TEST OF CONCRETE FOR S&S REALTY SALEM MA PROJECT HIGHLAND PLAZA SALEM MA SOURCE PLACEMENTDATE 08/29/88 AIR TEMP. 'F MIX TEMP. OF— MADE F MADE BY THEM LOAD SLUMP -- O` DATE RECEIVED 09/20/88 ENTRAINED AIR . MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO Vo C" STORAGE-JOB THEN LAB DAMP 7Qr<iT, �O " FA PLANT LYNN S&S N° N >•- ` Cn C=7! '-¢ •' CA CONTRACTOR E.'. ADMIX. REPRESENTS C.Y. LOAD EM DESIGN REOUIRDAYSM ' _. ,•"_. _ -moo ,3000 LAB. JOB TYPE OF WEIGHT DATE AGE NO. NO. DIMENSIONS BREAK PCF " TESTED DAYS SA07 A 6 X 12 2_. 144 09/21/88 23 3530„ �- B - ar E Y' Y 9 F - STRENGTH•/DAY - 4 0041 TYPE OF BREAK i• 4 i i -"` � 28 DAY 1 P. 3 4 5 _ OTHER M1 �mx sac REMARKS: 1 r. SS 4n -1`. RRt1 - - tr LYT 1 r T.RS THE THOMPSON & LICHTNER COMPANY NC... 3520 ^� THE THOMPSON & LICHTNER COMPANY, INC. PROJECT ypo Consulting Engineers Engineering and Testing Laboratories DATE 111 First Street Cambridge,Massachusetts 02141(617)492-2111 REPORT OF COMPRESSION TEST OF CONCRETE - FOR S&S REALTY SALEM MA PROJECT HIGHLAND PLAZA SALEM MA '' SOURCE FOUNDATION WALL C. 5+D & 10. 5+8. 5 PLACEMENT DATE 08/30/88 AIR TEMP. •F 78 MIX TEMP. F X76 6-- MAD5 8Y T -& L at 1 :35 LOAD 2- SLUMP DATE RECEIVED 08/31/88 ENTRAINED AIR MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO C STORAGE-JOB THEN LAB DAMP 70•F FA PLANTLYNN SRS CA 3/4 CONTRACTOR ~ " ADMIX. REPRESENTS 1.1.: C.Y. LOAD DESIGN REQUIREMENTS .3.. Y.. U0�i PSrr® 28 DAYS LAB. JOB TYPE OF WEIGHT DATE AGE NO. NO. DIMENSIONS BREAK PCF TESTED DAYS P1. 5638 A � 6 X 12 4- 146 09/06/88 7 28�p,;' ,�t ,- 8 6 X 12 2 145 09/27/88 28 "� e C 6 X 12 4 145 09/27/88 28 y 391_0::: D 6 X 12 146 19/27/88 28 "tw-C' E N fa Fao„., _ STRENGTH -7 DAY GOOD TYPE OF BREAK �; 4 n 28 DAY GOOD 1 4 5 OTHER REMARKS: lc SS 4c Ic SE+D Ic KYI 1c LSS TH THOMPSON &_LI-CAHTNER COMPANY, INC. THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 181 1 Consulting Engineers Engineering and Testing Laboratories DATE —NOVO 2 Iy0d 111 First Street Cambridge,Massachusetts 02141(617)492.2111 REPORT OF COMPRESSION TEST OF CONCRETE FOR DiNisco Hretsch & Associates Inc. , Boston, PIA PROJECT Quincy Police Headquarters, Quincy, MA SOURCE Screen wall, grade beam PLACEMENT DATE !16/02/88 AIR TEMP. •F 59 MIX TEMP F MADE PY T -& L at 2:50 LOAD 2 SLUMP ,., DATE RECEIVED 06/06/88 - " ENTRAINED AIR r MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO C STORAGE-JOB THEN LAB DAMP 70°F FA PLANT ROSENFELD CONCRETE. CORP. CA CONTRACTORR. W. GRANGER F SUNS-. - ADMIX. REPRESENTS 10 C.Y. LOAD Or DESIGN REQUIREMENTS PSG®.28.DAYS LAB. JOB TYPE OF WEIGHT DATE AGE NO. NO. DIMENSIONS BREAK PCF- TESTED DAYS P$I.� R978 A 3 6 X 12 2 143 06/09/88 7r< 1 .,090 1 B 6 X 12 2 144 06/30/88 8 45411 C 6 X 12 144 06/30/88 26 4b6U� — D 6 X 12 c 144 06/30/88 ct5 4470 E F STRENGTH - 7 DAY TYPE OF BREAK 28 DAY GOOD i 2 4 5 OTHER EMARKS: lc DKA lc DPW lc FHE lc GFiD lc 12WG lc WCC lc CW 7c 2=2= Y, INC. THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 3520 Consulting Engineers Engineering and Testing Laboratories DATE NO 111 First Street Cambridge,Massachusetts 02141(617)492.2111 REPORT OF COMPRESSION TEST OF CONCRETE FOR S&S REALTY SALEM MA PROJECT HIGHLAND PLAZA SALEM MA ;; SOURCE FOOTING ON B LINE BETWEEN 8 LINE AND 12 LINE ' PLACEMENT DATE 09/20/88 AIRTEMP. •F 60 MIX TEMP. •F=-68 MADE�'BY T-& L at 1 : 15 LOAD 2 - SLUMP 5.-00- A DATE RECEIVED 09/21/88 ENTRAINED AIR �'- .n s MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO C STORAGE-JOB THEN LAB DAMP 70°F --- - - FA PLANTLYNN S&S ,. CA 3/4 CONTRACTOR ADMIX. REPRESENTS 11 C.Y. LOAD R DESIGN REQUIREMENTS 3000 PSF® 28 DAYS LAB. JOB TYPE OF WEIGHT DATE - AGE NO. NO. DIMENSIONS BREAK PCF TESTED DAYS P.S..L:_. - S815 A 6 X 12 2_ ..,-I 148 9/27/88 7 2480 . B 6 X 12 4 147 0/18/88 28 4180^ ' r, C 6 X 12 2 , 147 0/18/88 28 4260= D 6 X 12 3 147 0/18/88 28 4270 7 Er F r STRENGTH - 7 DAY GOOD TYPE OF BREAK 28 DAY GOOD - 1 2 3 4 5 OTHER REMARKS: 1C SS 4c Ic SBD Ic KYI Ic LSS THE THOMPSON & LIGHTNER COMPAN Y, ,/0f/�V� g. !/ J �T � THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 3520 Consulting Engineers Engineering and Testing Laboratories DATE N 0 V 0 2 1988 111 First Street Cambridge,Massachusetts 02141(617)492-2111 REPORT OF COMPRESSION TEST OF CONCRETE FOR S&S REALTY SALEM MA = PROJECT HIGHLAND PLAZA SALEM MA SOURCE FOUNDATION WALL LINE 2-4 A PLACEMENT DATE 09/15/88 AIR TEMP. •F 70 MIX TEMP F -�- 7 T° MADE BY T-& L at 12 LOAD 1_ SLUMP DATE RECEIVED 09/16/88m_ ENTRAINED AIR MIX-BATCHED WEIGHTS PER C.Y. ` WIC RATIO STORAGE-JOB THEN LAB DAMP 70°F FA PLANTLYNN S&S - CA CONTRACTOR REPRESENTS ADMIX. - - 1.1.. C.Y. LOAD a DESIGN REQUIREMENTS Y 3000 PSI„x.28 DAYS LAB. JOB TYPE OF WEIGHT DATE AGE NO. NO. DIMENSIONS BREAK PCF TESTED DAYS '- S784 A 6 X 12 3. 146 9/22/88 7 B 6 X 12, 3 143 0/13/88 28 3900 '. C 6 X 12 27 146 0/13/88 28 3940 - D 6 X 12 4 145 0/13/88 28 3920 E _ -- F TYPE OF BREAK STRENGTH - 7 DAY GOOD `' � � i � 28 DAY GOOD 1 2 3 4 5 OTHER EMARKS: IC SS 4c lc SBD lc KYI lc LSS THE THOMPSON & LICHTNER COMPANY, THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 3520 Consulting Engineers Engineering and Testing Laboratories GATE SLP 4188 111 First Street Cambridge,Massachusetts 02141(617)492-2111 REPORT OF COMPRESSION TEST OF CONCRETE FOR S&S REALTY SALEM MA :: PROJECT HIGHLAND: PLAZA SALEM MA, a- ! SOURCE FOOTING - - » PLACEMENTDATE 08/26/88 AIR TEMP. 'F 90 MIX TEMP F MADE BY T'-& L at 2: 15 LOAD 1 SLUMP DATE RECEIVED 08/29/68 ENTRAINED AIR MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO r ' -4 C - STORAGE-JOB THEN LAB DAMP 70'¢ FA PLANT LYNN S&S co CA 3/4 CONTRACTOR ADMIX. REPRESENTS 12. C.Y. LOAD ao � N � DESIGN REOUIREMENTS 3000 - PSL628DAYS � LAB. JOB TYPE OF WEIGHT DATE AGE NO. NO. DIMENSIONS BREAK PCF TESTED DAYS S611 A I 6 X 12. 3 147 09/02/88 7 2390 B C E F STRENGTH -7 DAY GOOD _ TYPE OF BREAK t 28 DAY - 1 2 3 4 5 OTHER REMARKS: 7 THE THOMPSON & LICHTNER COMPANY, INC. (c1d;era��ad / THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 3520 lConsulting Engineers Engineering and Testing Laboratories DATE SEP Z 0 1988 111 First Street Cambridge,Massachusetts 02141(617)492-2111 REPORT OF COMPRESSION TEST OF CONCRETE FOR S&S REALTY SALEM MA PROJECT HIGHLAND PLAZA SALEM MA ` SOURCE FOUNDATION WALL C.S+D & 10.5+8.5 PLACEMENTDATE 08/30/88 AIR TEMP. °F 78, MIX TEMP. F MADE BY T"& L at 1 :35 LOAD 2 SLUMP 4,50=_ DATE RECEIVED 08/31/88 ENTRAINED AIR h „T.:,. r MIX-BATCHED WEIGHTS PER C.Y. WIC RATIO r -' C STORAGE-JOB THEN LAB DAMP 70°F s 4 FA PLANT LYNN S&S CA 3/4 CONTRACTOR - U_ ADMIX. REPRESENTS 11, C.Y. LOAD DESIGN REOUIREMENTS 3000 PSI-0 28 DAYS�� LAB. JOB - TYPE OF WEIGHT DATE AGE - NO. NO. DIMENSIONS BREAK PCF TESTED DAYS PS 5638 A 6 X 12 4 - 146 09/06/88 7 2640 R Y, D E F RT . STRENGTH .7 DAY GOOD - TYPE OF BREAK 28 DAY - 1 2 3 4 5 OTHER EMARKS: n n v ff THE THOMPSON & LICHTNER COMPANY, INC. HE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. S Consulting Engineers Engineering and Testing Laboratories REPORT NO. 111 First Street Cambridge,Massachusetts 02141 (617)492-2111 SHEET NO. REPORT OF FIELD INSPECTION OF/C�ONCRE TE1 C�ONSTRUCTIION FOR S Q2R` 1 9 a-rCf'oCo Anv � �QJ�.�.� �1A PROJECT ,t-1 , a•:,__ J P D LOCATION SUBGRADE Type — Compacted soil 153� Concrete ❑ Metal Deck ❑ Other ❑ Condition — Clean O� Wet ❑ Dry Er Other(See Below) ❑ REINFORCEMENT Type — Rebars ❑ Wire Mesh ❑ Properly placed ❑ AND DOWELS Properly Tied ❑ By Others ❑ Condition — Clean ❑ Free of Rust ❑ Free of Loose Scale ❑ Other(See Below) ❑ FORMS Type — Plywood AT Boards ❑ Steel ❑ Other ❑ Condition — Clean ❑ Oiled ❑ Wetted Before Placement ❑ Other(See Below) ❑ CONCRETE No. of C.YI_�- Strength at 28 daysSO 0d Size& Type Aggregate PLACEMENT Gravel ❑ Stone Slump Ranged Compaction-Vibrator ❑ Shovel)Z Other ❑ Placed by — Chute 1R' Pump ❑ Wheelbarrow ❑ Bucket ❑ Other ❑ FINISH Hand Trowel ❑ Machine Trowel ❑ Steel ❑ Wood ❑ Other(See Below) ❑ CURING None ❑ Covered ❑ Burlap ❑ Canvas O Polyethylene ❑ Forms Stay On Curing Agent ❑ Other ❑ SAMPLES Set No. 1 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ Cyls./Set — REMARKS WEATHER: TEMPERATURE p6 INSPECTION AM NOON PM START FINISH TIME U '/ 3 /z i i2- ; 30 - �>> THE THOMPSO ICHTNER CO Nj INC. 0 owt Gt (}to;iaw, THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. 57 Z O Consulting Engineers. Engineering and Testing Laboratories REPORT NO. Z 111 First Street Cambridge.Massachusetts 02141 (617)492-2111 - SHEET NO. REPORT OF FIELD INSPECTION OF CONCRETE CONSTRUCTION A 9 vs 30 FOR S C�q. 9.j2aM1 A* ✓ PROJECT n_ _I n O_ n /I_ . LOCATION F�u �/ �� /•,, .2 li/A // �C• S f �> f ��- S— f—/ SUBGRADE Type — Compacted soil ❑ Concrete IN Metal Deck ❑ Other ❑ Condition — Clean.B Wet ❑ Dry W Other (See Below) ❑ REINFORCEMENT Type — Rebars ❑ Wire Mesh ❑ Properly placed ❑ AND DOWELS Properly Tied ❑ By Others ❑ Condition — Clean ❑ Free of Rust ❑ Free of Loose Scale ❑ Other (See Below) C FORMS Type — Plywood -0 Boards ❑ Steel ❑ Other ❑ Condition — Clean-�l Oiled a Wetted Before Placement ❑ Other(See Below) ❑ CONCRETE No. of C.Y. 1 Z- Strength at 28 days,7oe o Size & Type Aggregate 3e PLACEMENT Gravel ❑ Stone ❑ Slump Range_OL=f Compaction-Vibrator & Shovel ❑ Other ❑ Placed by — Chute IK Pump ❑ Wheelbarrow ❑ Bucket ❑ Other ❑ FINISH Hand Trowel Z Machine Trowel ❑ Steel -R Wood ❑ Other(See Below) ❑ CURING None ❑ Covered ❑ Burlap ❑ Canvas ❑ Polyethylene ❑ Forms Stay On.r Curing Agent ❑ Other ❑ SAMPLES Set No. 10 2 3 4 5 6 C_ Cyls./Set A - 7 REMARKS WEATHER: TEMPERATURE INSPECTION c/o U pry AM N PM START 1C .S&S 70 17S J 7} d �r 0 FINISH IS lc SBD / 1C MS THE THOMPSON&LICHTNER COMPANY,INC SEP 2 U 1960 _ i, THE THOMPSON & LICHTNER COMPANY, INC. PROJECT NO. Consulting Engineers Engineering and Testing Laboratories REPORT NO. Z I I I First Street Cambridge, Massachusetts 02141 (617)492-2111 SHEET NO. PROGRESS REPORT 19 ' FOR S Rt S Qe a Q,� C�o ra -o-, SQ.Q¢�� M�r PROJECT IF,gk�o,tno�( PQarvoSoPah,� Wk SUBJECT C2 t?- eeQ wtsP e � O✓7 �e 05 if/n 1. > L . Or / 1 r t � l � If � I 0 C7= Cd_. +3• - m Rw Vfe7 Co ym m t vs 2C2 a - C4 F, C9 Jl -2�✓�^"-' THE THOOMPSON&LICHTNER COMPANY,INC. 9 ' NOV - 719883 - c- THE THOMPSON & LICHTNER COMPANY INC. PROJECT NO. 354`0 Consulting Engineers Engineering and Testing Laboratories REPORT NO. 4- � 111 First Street Cambridge,Massachusetts 02141 (617)492-2111 SHEET NO. REPORT OF FIELD INSPECTION OF CONCRETE CONSTRUCTION 9- `� ' 19 `• FOR S S Ise -+!y/t c r o a.UVvN I StrXLi / M /- PROJECT Y ��ka4 I' Q. LOCATIQN UD Z1-r /7G O » ;8 G SUBGRADE Type - Compacted soil -EY- Concrete ❑ Metal Deck ❑ Other ❑ Condition - Clean ❑ Wet ❑ Dry 13 Other(See Below) ❑ REINFORCEMENT Type - Rebars Z Wire Mesh ❑ Properly placed-C7 AND DOWELS Properly Tied,3- By Others .La Condition - Clean f- Free of Rust f3_ Free of Loose Scale f Other(See Below) ❑ FORMS Type - Plywood L5 Boards ❑ Steel ❑ Other ❑ Condition - Clean ❑ Oiled .s Wetted Before Placement ❑ Other(See Below) ❑ CONCRETE No. of C.Y. Strength at 28 days ?a `Size&Type Aggregate--- PLACEMENT Gravel ❑ Stone Q Slump RangeC.� Compaction-Vibrator ❑ Shovel ❑ Other ❑ Placed by Chute '9' Pump ❑ Wheelbarrow ❑ Bucket ❑ Other ❑ FINISH Hand Trowel 0 Machine Trowel ❑ Steel ❑ Wood ❑ Other(See Below) ❑ CURING None © Covered ❑ Burlap ❑ Canvas ❑ Polyethylene ❑ Forms Stay On ❑ Curing Agent ❑ Other ❑ SAMPLES Set No. 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 Lii S ❑ C3 CAM- Cyls./Set -AL- - NA REMARKS ca a N CZ N m WEATHER: TEMPERATURE INSPECTION AM NOON PM START FINISH TIME THE THOMPSON 8 LICHTNER COMPANY INC. NOV - 7 1988 �4' ) Permits — Salem CT"' September 19, 1988 Mr. Peter Ciabbai � TI+ .,D i7y Z JA—BY Engineering 363 Boston Road Topsfield, Massachusetts 01983 Dear Mr. Giabbai: Please be advised that as the District has not received any formal correspondence from either you or your client, as outlined in my let— ter of August 3, 1988, and as the City is allowing the developer(your client) to proceed with the placement of foundations for his shopping complex on Route 107, highland Avenue, I am instructing my Maintenance forces to close off the old access which is presently being used for construction purposes. I believe my letter of August 3, 1988 was specific on this situation. Very truly yours, Jaseph D'Angel0, nr Acting District Highway Engineer FJH/mfc cc: !�" GW RHJ .4ownt oo'S CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH ROBERT E. /IfNKNORN Salem, Massachusetts 01970 AGENT (617) 7 9 NORTH STREET (6171 �1.1800 August 23, 1988 East Coast Properties One Olde Village Drive Salem, MA 01970 ATTN: Cyndy Joaquim Dear Ms. Joaquim: Based on the August 18, 1988 site inspection, the pool located at The Highland Condominiums was found to be in compliance with 105 CMR 435.000: Minimum Standards for Swimming Pools. As stated in our conversation, the Health Department requests you install a permanent telephone (not a pay phone) within 100 yards of the swimming pool. Until the telephone line can be brought in, you stated, there would be a phone available during operational hours within 100 yards of the pool, supplied by the office or pool committee members. The Health Department appreciates youl cooperation in this matter. If you have any questions, please contact this office. Very truly yours, FOR THE BOARD OF HEALTH Q f ` REPLY T0: I e-. /( Robert E. Blenkhorn, C.H.O. Health Agent William T. Burke, III, R.S. WTB/b Registered Sanitarian - u 3WItrJt140--VF:I%T See 13 '10 34 COMMONWEALTH OF MASSACHUSETTS RECEIVED CITY OF SALEM,MASS. i Essex, ss: Superior Court C.A. No. 86-1534 MIRE STASINOS, Plaintiff v, ) Appearance CITY OF SALEM BOARD OF - �gvFl APPEAL, CITY OF SALEM.. GERARD ) KAVANAUGH, WILLIAM e-MUN OE ) LIP To The Clerk of Superior Court: Please enter my appearance as attorney for the City Of Salem, Gerard Kavanaugh, and William Munroe, in the above entitled case. - . For-the Defendants . - ttorn by heir' e J sep \ F. Dalton _. . __._. 5\Broad aY - "- Saugus, MA 01906 (617) 231-0956 - Anthony V. Salvo Mayor City of Salem GATE- ORIGINAL FILED IN ESSEX SUPERIOR COURT r ' COMMONWEALTH OF MASSACHUSETTS SEP 23 10 34 AH `88 RECEIVED CITY OF SALEM.MASS. Essex, ss. Superior Court C.A. No. 86-1534 MIKE STASINOS, ) Plaintiff ) V. ) Withdrawal of Appearances ' CITY OF SALEM BOARD OF ) APPEAL, CITY OF SALEM,GERARD ) �•�- KAVANAUGH, WILLIAM H. MUNROE ) Defendants To the Clerk of Superior Court: Please enter my withdrawal as attorney for Gerard Kavanaugh and William Munroe, in the above entitled case. For the Defendant by it's At rngy: Josgpk, F. Dalton 5 Broadway Saugus, MA 01906 (617) 231-0956 Anthony V. Sa o _ Mayor City of Salem TAe 020&and o�� �� a 4 �E �ANt SS. • E pA, Condominl= at yalem " F July 22 , 1988 William H . Munroe , Director of Public Property Public Property Department City of Salem Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM BUILDINGS numbered 17 and 21 Building 1117 - 2 , 4 , 6 , 8 , 10 , 12 Lions Lane Building 1121 - 1 , 3 , 5 , 7 Lions Lane Dear Mr . Munroe : This letter is to inform you that we have made our final inspection of the above-referenced buildings at the above referenced condominium development . We find that the buildings have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SAL EAI IGHLAND DVELOP ENT CO P . BY : n k Th s Katsapetses , B ilder License NO . 865 One Olde Village Drive, Salem, MA 01970 Phone (617) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) ATiog Condominium at yalein gg AF SALE�''MA55. May 27 , 1988 William H . Munroe , Director of Public Property Public Property Department City of Salem One Salem Green Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM BUILDINGS numbered 13 and 14 Building 1113 - 2 , 4 , 6 , 8 , 10 , 12 Countryside Lane Building 1114 - I , 3 , 5 , 7 , 9 , II Countryside Lane Dear Mr . Munroe : This letter is to inform you that we have made our final inspection of the above-referenced buildings at the above referenced condominium development . We find that the buildings have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM IGHLAND EVE OPM'tk4 ENT CORP . BY : / t - Thomas Katsapetses , Builder LICENSE NO . 865 One Olde Village Drive, Salem, MA 01970 Phone (617) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) %ioTe ghland Condominium at yalem March ll , 1988 William H . Munroe , Director of Public Property Public Property Department City of Salem One Salem Green Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM BUILDINGS numbered II and 12 Building 1111 - 14 , 16 , 18 , 20 Tanglewood Lane Building 1112 - 2 , 4 , 6 , 8 , 10 , 12 Tanglewood Lane Dear Mr . Munroe : This letter is to inform you that we have made our final inspection of the above-referenced buildings at the above referenced condominium development . We find that the buildings have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM IGHLAND DEVELOPMENT CORP . BY : I C, Thomas Katsapetses , Builder LICENSE NO . 865 One Olde Village Drive, Salem, MA 01970 Phone (617) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) TAe �ghland 6ondominium at yalenz - . 0, s N%- January 20 , 1988 William H . Munroe , Director of Public Property Public Property Department City of Salem One Salem Green Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM BUILDINGS numbered 9 and 10 Building 119 - 21 , 23 , 25 , 27 , 29 , 31 TANGLEWOOD LANE Building 1110 - 22 , 24 , 26 , 28 TANGLEWOOD LANE Dear Mr . Munroe : This letter is to inform you that we have made our final inspection of the above-referenced buildings at the above referenced condominium development . We find that the buildings have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM -IGHLAND DEVELOPMEPiT CORP . BY : Thomas Katsapetse6f, Builder LICENSE NO . 865 One Olde Village Drive, Salem, MA 01970 Phone (617) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) 1%iog&and . W 11 a al aH Ie REC£I,'NASS. Condominium at yalem October 5 , 1987 William H . Munroe , Director of Public Property Public Property Department City of Salem One Salem Green Salem, MA 01970 RE : THE HIGHLAND .CONDOMINIUM AT SALEM BUILDINGS numbered 7 and 8 Building 117 - 1 -3-5-7-9- I1 TANGLEWOOD LANE Building 118 - 13- 15- 17- 19 TANGLEWOOD LANE Dear Mr . Munroe : This letter is to inform you that we have made our final inspection of the above-referenced buildings at the above referenced condominium development . We find that the buildings have been constructed substantially in accordance with the plans and specifications provided by this office and in accordance with the State Building Code of the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SAL EF4 HIGHLAND DEVELOPMENT CORP . J2�� Thomas Katsapetses Builder LICENSE NO . 865 One Olde Village Drive, Salem, MA 01970 Phone (617) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) PETER F. DIMEO ASSOCIATES, INC. ARCI3ITECTVRE $ ;PLANNING 546 MA I N STREET . S T ON E H AM . M A S S A C H U S E T T S 0 2 1 6�Q�A7� �'�91 O N E 438-0900 September 30 , 1988 mil Of A'� Building Department City of Salem gE>rE �N,Ahss- One Salem Green Salem, MA 01970 Attention: Mr. William Munroe RE : Highland Acres One Olde Village Drive Salem, MA Dear Mr. Munroe : We have inspected the entire condominium development at the above address on September 30 , 1988 , and the condition of the development , which includes Buildings number 15 , 16 , 18 , 19 , 20 , 22 , 23 , and 26 are as follows : BUILDING 1115 . . 6 UNITS "B" TYPE : I . Installing of Interior Insulation 100% Completed. 2 . Rough Plumbing, Heating and Electrical Completed. 3 . Exterior Stairs completed, railings 50% Installed. 4 . Exterior Driveway Graded and one coat Bituminous concrete paving. 5 . Walkways 50% Completed. 6 . Sheetrock 100% Completed. 7 . Primer Coat 100% Completed . BUILDING 1116 . . 6 UNITS "A" TYPE : 1 . Exterior Framing 100% Completed . 2 . Interior Partitions 100% Installed . 3 . Rough Plumbing, Heating and Electrical Completed . 4 . Roof Shingles 100% Installed . 5 . Clapboard Siding 50% Completed . 6 . Doors and Windows 100% Completed. BUILDING 1118 . . 6 UNITS "B" TYPE : 1 . Masonry Party Walls 100% Completed . a PETER F. DIMEO ASSOCIATES, INC. AELCHITECTVRE PLANNING 546 M A I N S T R E E T . STONE HAM . M A S S A C H U S E T T S 0 2 1 8 0 T E S E R H O N E 438-0900 Building Department City of Salem RE : Highland Acres Page 2 . September 30 , 1988 BUILDING 1118 . 6 UNITS "B" TYPE CONTINUED : 2 . Rough Framing 1002 Completed . 3 . Roof Shingles 1002 Completed . 4 . Exterior Windows and Doors Completely Installed . 5 . Exterior Siding Completed. 6 . Rough Plumbing , Heating and Electrical Completed. 7 . Insulation 20% Completed. 8 . Drywall 20% Completed . BUILDING 1119 . . 6 UNITS "A" TYPE : I . Rough Framing 100% Completed . 2 . Roof Shingles 100% Installed . 3 . Exterior Windows and Doors Completely Installed. 4 . Exterior Siding Completed . 5 . Rough Plumbing Completed . BUILDING 020 . . 6 UNITS "A" TYPE : 1 . Masonry Party Walls 100% Completed. 2 . Interior Partitions 100% Completed . 3 . Rough Framing 100% Completed . 4 . Roof Shingles 1002 Completed . 5 . Exterior Siding Completed . 6 . Rough Plumbing , and Electrical Completed . BUILDING 022 . . 6 UNITS "B" TYPE : I . Foundation 100% Completed . PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 M A IN 5 T RE E T . S TO N E H AM M A S S A C H U S E T T S 0 2 1 8 0 T E l E Y H O N E 4 3 8-0900 Building Department City of Salem RE : Highland Acres Page 3 . September 30 , 1988 BUILDING 1122 . . 6 UNITS "BIT TYPE CONTINUED : 2 . Underground Utilities Completed . 3 . Concrete Floor Slab Installed . 4 . Rough Exterior Grading 100% Completed . BUILDING 1123 . . 4 UNITS "A" TYPE : I . Foundation 100% Completed . 2 . Interior Grading completed, ready to receive Concrete Slab . 3 . Underground Utilities Completed . BUILDING 1126 . . 6 UNITS "A" TYPE : I . Foundation 100% Completed . 2 . Underground Utilities Completed . 3 . Concrete Floor Slab Installed . All Work is progressing satisfactory in accordance with drawings provided by this office . If there are any questions regarding any of the above , please do not hesitate to contact this office . Sincerely , F. DIMEOI ASlSOCIATES, INC Peter F. DiMeo, AIA [-No. 1665 7 MIS, C PFD/bjg �— PETER F. DIMEO ASSOCIATES, INC. ABCHITECTVRElLe.'IlANNING 546 MAIN ST RIFT . STONEHAM . M ♦ 55 • CHUSI T TS 0216 QL.. �L�P HON ( 438-0900 September 9 , 1988 Building Department City of Salem One Salem Green C OF gp1rG�'�p Salem, MA 01970 x,15 Attention : Mr . William Munroe RE : Highland Acres One Olde Village Drive Salem, MA Dear Mr . Munroe : We have inspected the entire condominium development at the above address on September 9 , 1988 , and the condition of the development , which includes Buildings number 15 , 16 , 18 , 19 , 20 , 22 , 23 , and 26 are as follows : BUILDING 11 15 . . 6 UNITS "B" TYPE : 1 . Installing of Interior Insulation 100% Completed . 2 . Rough Plumbing , Heating ,' and Electrical 100% Completed . 3 . Exterior Stairs 1009 Completed . 4 . Exterior Driveway graded only . 5 . Walkways graded only . 6 . Sheetrock 509 Completed . 7 . Start Interior Prime Coat . BUILDING 1116 . . 6 UNITS "A" TYPE : 1 . Exterior Framing 509 Completed . 2 . Interior Partitions 509 Installed . 3 . Rough Plumbing , Heating and Electrical 509 Completed . 4 . Roof Shingles 50% Completed . 5 . Clapboard Siding Starting . 6 . Doors and Windows 509 Installed . BUILDING # 18 . . 6 UNITS "B" TYPE : 1 . Inside Partitions 509 Completed . PETER F. DIMEO ASSOCIATES, INC. ARCFIITECTVRE PLANNING 346 M A I N STREET . S TONE HAM . M A S S A C H U S E T T S 0 2 1 0 0 T E L E P H O N E 430-0900 Building Department City of Salem Re : Highland Acres Page 2 . September 9 , 1988 BUILDING 818 . . 6 UNITS "B" TYPE : CONTINUED : 2 . Roof Shingles 50% Completed . 3 . Exterior Windows and Doors 50% Installed; 4 . Exterior Siding 75% Completed. 5 . Rough Plumbing 100% Completed, Heating Started , Electrical 50% Completed . 6 . Insulation Starting. 7 . Drywall Starting . BUILDINGS 19 . . 6 UNITS "A" TYPE : 1 . Rough Framing 50% Completed. 2 . Roof Shingles 50% Completed. 3 . Exterior Windows and Doors 50% Completed. 4 . Exterior Siding 75% Completed. 5 . Rough Plumbing 50% Completed . BUILDING 820 . . 6 UNITS "A" TYPE : 1 . Masonry Party Walls 50% Completed. 2 . Rough Framing 75% Completed. 3 . Roof Shingles 50% Completed. 4 . Interior Partitions Started. 5 . Exterior Windows and Doors Starting to install . 6 . Exterior Siding 50% Completed . 7 . Rough Plumbing and Electrical 50% Completed. BUILDING S 22 . . 6 UNITS "B" TYPE : 1 . Foundation 100% Completed . PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 MAIN STREET . STONE HAM . MASSACHUSETTS 02 1 80 TE EEPHONE 438-0900 Building Department City of Salem Re : Highland Acres Page 3 . September 9 , 1988 BUILDING 1122 . . 6 UNITS "B" TYPE Continued: 2 . Underground Utilities Completed . 3 . Concrete Floor Slab Installed . BUILDING 1123 . . 4 UNITS "A" TYPE : 1 . Foundation 100% Completed . 2 . Interior Grading completed, ready to receive Concrete Slab . BUILDING 1126 . . 6 UNITS "A" TYPE : I . Foundation 100% Completed . All work is progressing satisfactory in accordance with drawings provided by this office . If there are any questions regarding any of the above , please do not hesitate to contact this office . Sincerely, fF F. DIMEO ASJSOCIATES, INC �tCR[0 Ak phi Peter F. DiMeo, AIA a o. 16650 H O iiGnlw M. W MASS. P F D/b J g PETER F. DIMEO ASSOCIATES, INC. ARCHITECT�iii� PLANNING 546 MAIN 51NES T . ST ONE HAM MA55ACH U S E T TS 02_!�9*1 'TE LE P H O N C 438-0900 July 18 , 1988 ,VS v n,L�1H�g� Building Department C� \ \jE0 5 5• City of Salem ��yPj,k4F One Salem Green ��( 04 0� Salem, MA 01970 C Attention : Mr. William Munroe RE : Highland Acres One Olde Village Drive Salem, MA Dear Mr . Munroe : We have inspected the entire condominium development at the above address on July 18 , 1988 , and the condition fo the development , which includes Buildings number 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , and 23 are as follows : BUILDING 1115 . . 6 UNITS "B" TYPE : I . Installing of Interior Insulation 100% Completed . 2 . Rough Plumbing , Heating and Electrical 100% Completed . 3 . Exterior Stairs Completed . Railings Completed. 4 . Exterior Driveway Graded . 5 . Insulation Started. 6 . Sheetrock Started . BUILDING 1116 . . 6 UNITS "A" TYPE : 1 . Footings Completed . 2 . Foundation Walls Completed . 3 . Underground Utilities Completed . 4 . Concrete Slabs Completed . 5 . Framing 50% Completed . 6 . Masonry Party Walls 50% Completed . BUILDING 1117 . 6 UNITS "B" TYPE : 1 . Exterior Driveway Graded and Bituminous Concrete Paving Completed . PETER F. DIMEO ASSOCIATES, INC. AFtCfIITECTZ73ELE PLANNING 546 M A IN 5 T Y E E T . ST O N E N A M . M A S S A C N U S F T T S O 7 1 B 0 T E L E P H O N E 438-0900 Building Department City of Salem RE : Highland Acres Page 2 . July 18 , 1988 BUILDING 1117 . 6 UNITS "B" TYPE CONTINUED : 2 . Interior Finish Work 507 Completed. 3 . Interior Electrical Fixtures 757 Completed . BUILDING 1118 . 6 UNITS "B" TYPE : I . Masonry Party Walls Completed . 2 . Rough Framing up to roof trusses , ready to plywood . 3 . Rough exterior Grading Completed . 4 . Front Stairs Completed . 5 . Roofing 1007 Completed . BUILDING 1119 . . 6 UNITS "A" TYPE : I . . Foundation 1007 Completed . 2 . Concrete Floor Slabs Completed . 3 . Rough Exterior Grading 1007 Completed . 4 . Underground Utilities Completed . 5 . Framing 757 Completed , Partition Walls to 2nd Floor . 6 . Roofing 100% Completed . BUILDING 1120 . 6 UNITS "A" TYPE : I . Foundation 100% Completed . 2 . Concrete Floor Slabs Completed . 3 . Rough Exterior Grading 1007 Completed . 4 . Underground Utilities Completed . 5 . Masonry Party Walls to 2nd Floor . 6 . Rough Framing to 2nd Floor , Roof Framing 1007 Completed . PETER F. DIMEO ASSOCIATES, INC. ARCIiITECTTJRE PLANNING 546 M A IN S T R E E T . S 7 0 N E HAM , M A S S A C H U S E T T S 0 2 1 8 0 T E L E P H O N E < 3 0-0900 Building Department City of Salem RE : Highland Acres Page 3 . July 18 , 1988 BUILDING 1121 . . 4 UNITS "A" TYPE : 1 . Rough Framing 100% Completed . 2 . Interior Partitions 100% Completed . 3 . Doors and Windows Installed . 4 . Clapboard Siding 100% Completed . 5 . Exterior Stain Completed . 6 . Rough Plumbing , Heating and Electrical Completed . 7 . Drywall 100% Completed . 8 . Interior Finish 50% Completed . 9 . Interior Paint Primer 100% Completed . 10 . Exterior Driveway Graded and Bituminous Concrete Paving 100% Completed . BUILDING 1122 . . 6 UNITS "B" TYPE : 1 . Foundation 100% Completed . 2 . Underground Utilities Completed . 3 . Concrete Floor Slab Completed . 4 . Rough Exterior Grading 100% Completed . BUILDING 1123 . . 4 UNITS "A" TYPE : I . Foundation 100% Completed . 2 . Interior Grading Completed , ready to receive concrete Slab . 3 . Underground Utilities Completed . All Work is progressing satisfactory in accordance with drawings provided by this office . If there are any questions regarding any of the above , please do not hesitate to contact this office . PETER F. DIMEO ASSOCIATES, INC. ARCIiITECTVRE PLANNING 546 M A I N 5 T Y E E T . ST O N E H A M . M A 5 5 A C H U S E T T 5 0 2 1 8 0 T E L E P H O N E 438-0900 Building Department City of Salem RE : Highland Acres Page 4 . July 18 , 1988 Sincerely , PZIER F. DIMEO ASSOCIATES, INC_ ���• �P F. p� �C�� Peter F. DiMeo, AIA I 4 No. 1665 , L 51(•4:uaV � M16.• PFD/bjg �'`� PETER F. 13IMEO ASSOCIATES, INC. ARCIiITECT`X; PLANNING 546 MA IN STREET , 5T ON E H A M . MAS SAC H US ETTS 02,`,"§kNY'E E E P HONE 470_0900 July 1 , 1988 Building Department City of Salem Q�� ECF\VE��p55• One Salem Green OF SF�tN Salem, MA 01970 �1Z Attention: Mr. William Munroe RE : Highland Acres One Olde Village Drive Salem, MA Dear Mr . Munroe : We have inspected the entire condominium development at the above address on July 1 , 1988 , and the condition of the development , which includes Buildings number 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , and 23 are as follows : BUILDING 1115 . . 6 UNITS "B" TYPE : 1 . Installing of interior Insulation 75% Completed . 2 . Rough Plumbing, Heating and Electrical 75% Completed . 3 . Exterior Stairs Completed . (No Railings) . 4 . Exterior Driveway Grading . BUILDING 1116 . . 6 UNITS "A" TYPE : 1 . Footings Completed. 2 . Foundation Walls Completed . 3 . Underground Utilities Completed . 4 . Concrete Slabs Complete . 5 . Framing 25% Completed . 6 . Masonry Party Walls 25% Completed . BUILDING 1117 . . 6 UNITS "B" TYPE : 1 . Exterior Driveway Grading and Bituminous Concrete Paving Completed . 2 . Interior Finish Work 25% Completed . 3 . Interior Electrical Fixtures 50% Completed . PETER F. DIMEO ASSOCIATES. INC. ARCIiITECTVRE PLANNING 546 MAIN STREET . STONE HAM . MASSACNUSE7 TS o 2 1 8 0 TEEEPNONE 429-0900 Building Department City of Salem RE : Highland Acres Page 2 . July 1 , 1988 BUILDING 018 . . 6 UNITS "B" TYPE : 1 . Masonry Party Walls Completed. 2 . Rough Framing up to Roof Trusses , ready to plywood . 3 . Rough Exterior Grading Completed. 4 . Front Stairs Blocked Brick. 5 . Roofing 50% Completed. BUILDING 019 . . 6 UNITS "A" TYPE : 1 . Foundation 100% Completed . 2 . Concrete Floor Slabs Completed. 3 . Rough Exterior Grading 100% Completed . 4 . Underground Utilities Completed. 5 . Framing 50% Completed, Partition Walls to Ist Floor . 6 . Roofing 20% Completed. BUILDING 020 . . 6 UNITS "A" TYPE : 1 . Foundation 100% Completed. 2 . Concrete Floor Slabs Completed . 3 . Rough Exterior Grading 100% Completed . 4 . Underground Utilities Installed . 5 . Masonry Party Walls to 2nd Floor . 6 . Rough Framing to 2nd Floor , Roof Framing 100% Completed . BUILDING 021 . 4 UNITS "A" TYPE : 1 . Rough Framing 100% Completed . 2 . Interior Partitions 100% Completed . l PETER F. DIMEO ASSOCIATES, INC. ARCIiITECTVRE PLANNING 546 MAIN STREET . STONEHAM . MASSACHUSETTS 02160 TELEPHONE 078-0900 Building Department City of Salem RE : Highland Acres Page 3 . July 1 , 1988 BUILDING 1121 . . 4 UNITS "A" TYPE CONTINUED : 3 . Doors and Windows Installed . 4 . Clapboard Siding 100% Completed . 5 . Exterior Stain Completed . 6 . Rough Plumbing, Heating and Electrical completed . 7 . Drywall 100% Completed. 8 . Interior Finish 25% Completed . 9 . Interior Paint Primer 50% Completed . 10 . Exterior Driveway Graded and Bituminous Concrete Paving 100% Completed. BUILDING 1122 . . 6 UNITS "B" TYPE : I . Foundation 100% Completed . 2 . Underground Utilities Completed. 3 . Concrete Floor Slab Completed. 4 . Rough Exterior Grading 100% Completed . BUILDING 1123 . . 4 UNITS "A" TYPE : 1 . Foundation 100% Completed. 2 . Interior Grading Completed, ready to receive Concrete Slab . 3 . Underground Utilities Completed . All Work is progressing satisfactory in accordance with drawings provided by this office . If there are any questions regarding any of the above , please do not hesitate to contact this office . Sincerely , PETER F. DIMEO ASSOCIATES, INC. AFLCI;ITECTVRE PLANNING 546 M A IN S T R E E T . STONEHAM M A 5 S A C H U S E T T S 0 2 1 9 0 T E L E P H O N E 4 3 8-09 00 Building Department City of Salem RE : Highland Acres Page 4 . July 1 , 1988 PUXR F. DIMEO ASSOCIATES, INC Faa�ti\ P. Peter F. DiMeo, AIAr 1 a No. 1665 1 `, fes• s�TH 0I NF`. PFD/bjg I, Y' PETER F. DIMEO ASSOCIATES, INC. AIiCHITECTVFtEp ANNINO S46 M A I N S 1 6 1 I 1 &I ON I N AM M A S S A C N U S I l I S O ] I B O .`,�t l'� W!��N-1 4300900 June 10 , 1988 �1 Q 02Q,1 'oll Building Department nCSI , U C1 City of Salem UC`t1Y �ESAE ,MASS. One Salem Green OE Salem , MA 01970 Attention : Mr . William Munroe RE : Highland Acres One Olde Village Drive Salem , MA Dear Mr . Munroe : We have inspected the entire condominium development at the above address on August 19 , 1988 , and the cordition of the development , which includes Buildings number 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , are as follows : BUILDING 11 15 . . 6 UNITS "B" TYPE : I . Installing of Interior Insulation 50% completed . 2 . Rough Plumbing , Heating and Electrical Completed . 3 . Exterior Stairs Completed . (No Railings ) . 4 . Exterior Driveway grading ready to receive Bituminous concrete paving . BUILDING 1116 . . 6 UNITS "A" TYPE : I . Footings completed . 2 . Foundation Walls Completed . 3 . Underground Utilities Completed . 4 . Concrete Slabs Complete . BUILDING 117 . . 6 UNITS "B" TYPE : 1 . Exterior Driveway grading and bituminous concrete paving completed . 2 . Interior Finish Work Started . 3 . Interior Primer Coat Completed . 4 . Interior Electrical Fixtures Started . PETER F. DIMEO ASSOCIATES, INC. ARCHITECTVFtE PLANNING 546 MAIN ST RE ( 7 . ST ONIHAM MASSACHUSI71S 02180 TI II ► HONl 6760900 Building Department City of Salem Re : Highland Acres Page 2 . June 10 , 1988 BUILDING 1118 . 6 UNITS "B" TYPE : I . Masonry Party Walls Completed . 2 . Rough Framing up to roof trusses , ready to plywood . 3 . Rough Exterior Grading Completed . 4 . Front Stairs Footings Installed . BUILDING 1119 . . 6 UNITS "A" TYPE : 1 . Foundation 100% Completed . 2 . Concrete Floor Slabs Completed . 3 . Rough Exterior Grading 100% Completed . 4 . Underground Utilities Completed . 5 . Framing 10% Completed . BUILDING 1120 . . 6 UNITS "A" TYPE : 1 . Foundation 100% Completed . 2 . Concrete Floor Slabs Completed . 3 . Rough Exterior grading 100% Completed . 4 . Underground Utilities Installed . 5 . Masonry Party Walls to Second Floor . 6 . Rough Framing to 2nd Floor , Roof Framing 100% Completed . BUILDING 1121 . . 4 UNITS "A" TYPE : I . Rough Framing 100% Completed . 2 . Interior Partitions 100% Completed . 3 . Doors and Windows Installed . 4 . Clapboard Siding 100% Completed . PETER F. DIMEO ASSOCIATES. INC. AFtCMITECTUPtE PLANNING 546 M A I N S 1 1 E l 1 . S C O N E N A M M A 6 S A C H U S E 1 T S O 7 1 B 0 1 E l E P H O N I 4 0-09 00 Building Department City of Salem Re : Highland Acres Page 3 . June 10 , 1988 BUILDING 11 21 . . 4 UNITS "A" TYPE : 5 . Exterior Stain Completed . 6 . Rough Plumbing , Heating and Electrical Completed . 7 . Drywall 100% Completed . 8 . Exterior Driveway graded and Bituminous Concrete Paving 100% Completed . BUILDING 1122 . . 6 UNITS "B" TYPE : I . Foundation 1007 Completed . 2 . Underground Utilities Completed . 3 . Concrete Floor Slab Installed . 4 . Rough Exterior Grading 100% Completed . BUILDING 1123 . . 4 UNITS "A" TYPE : 1 . Foundation 100% Completed . 2 . Interior Grading Completed , ready to receive concrete slab . 3 . Underground Utilities Completed . 4 . Concrete Floor Slab Installed . All work is progressing satisfactory in accordance with drawings provided by this office . If there are any questions regarding any of the above , please do not hesitate to contact this office . Sincerely , F. DIMEO ASSOCIATES, INC C3 5 CO AACy / ~ 1 Peter F. DiMeo, AIA I rl a No. 1665 G Si4nl neq � 'Z NeS. �Q(IH kp. PFD/ b j g 01�_ KEVIN T. DALY LEONARD E FEMINO ASSISTANT CITY SOLICITOR % .,,;'Y �sr ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET um...�� 93 WASHINGTON STREET AND CITY OF SALEM • MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'BRIEN SALEM. MA 01970 BEVERLY. MA 01915 93 WASHINGTON CITY SOLICITOR 745.4311 745-0500 IN NDON STREET 921-1990 PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745.4311 744-3363 PLEASE REPLY TO SI WASHINGTON STREET /74�AWt November 28 , 1988 cf) r" w ao v. James M. Fleming, Chairman ^m T Salem Board of Appeal m QD v- One Salem Green rr,= � -0 Salem, Massachusetts 01970 ?a =Wra v- r Re: Stasinos vs Salem Board of Appeal LID N � Dear Mr. Fleming: Enclosed please find copy of communication I received from Attorney Sheehan in the above matter which is self-explanatory. Very truly yours , Mic ae1 E. O' Brien City Solicitor MEO/jp Enclosure 1 PEARL. MCNIFF. CREAN. COOK & SHEEHAN COUNSELLORS AT LAW 30 MAIN STREET SAMUEL PEARL.COUNSEL PEABODY.MASSACHUSETTS 019665552 THOMAS C.REGAN JOHN A. MCN1FF.COUNSEL MICHAEL T. SMERCZYNSRI JOHN M.CREAN - PEASOOY 15061 531.1710 F.ROBERT ALLISON OLIVER T.COOT( BOSTON 1617128&34M LAWRENCE J.O'REEFE .IWAM H.SHEEHAN 111 November 9, 1988 Michael E. 0.'Brien, Esquire 93 Washington Street Salem, MA 01970 Re: Stasinos vs. Salem Board of Appeal Dear Mr. O'Brien: I write to you in your capacity as counsel to the Salem Board of Appeal. You will recall that the Board of Appeal entered into a second amended settlement agreement (1986 action) whereby Mr. Stasinos, and his successor in title, were relieved from that condition initially imposed by the Board of Appeal to the granting of a variance to Mr. Stasinos which required Mr. Stasinos to deed to the City of Salem 3 .95 acres. The City of Salem is now seeking relief from judgment in a separate action (1987 action) , but seeks no relief from the 1986 action as, indeed, it has no right to seek relief from that action since it is not a party thereto. Please be advised that it is our opinion that, whether or not the City of Salem obtains relief from judgment in the 1987 action, the Board of Appeal remains bound by contract to Mr. Stasinos in the 1986 action and that the actions of the City of Salem subsequent to the settlement of both of the abovesaid cases constitute an interference with Mr. Stasinos ' contract with the Board of Appeal and, in the event the City of Salem is deemed to be in privity with the Board of Appeal, may constitute contemptuous acts in violation of the 1986 judgment. Mr. Stasinos has already suffered damage as a result of the action of the City of Salem and intends to n avail himself of all available methods to collect tho7e damages from the responsible parties, which parties could include the members of the Board of Appeal even thoug$zthep n have taken no affirmative steps to avoid the 1986 setdb]e''m5t C3 agreement and judgment. n+n Mj Iv =.M1T W Vdry a- e / 1 i (fix a WHS:ds 1: 1 ;j KEVIN T. DALY LEONARD F. FEMINO ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �"'m'-' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM. MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET July 19 , 1988 James M. Fleming, Chairman Board of Appeal City of Salem One Salem Green Salem, Massachusetts 01970 Re: Kardaris, et al v Hacker, et al Essex County Superior Court #85-258 Dear Mr. Fleming: Enclosed please find copy of a Judgment in the above --'-matter which is self-explanatory. On January 9 , 1985 the Board of Appeals .granted a special permit and variance to Henry LaBrecque to divide a nonconforming lot located at 16 Ord Street into two nonconforming lots. The enclosed Judgment annulled that decision and your records should so reflect the same. Very truly yours, Michael E. O' Brien City Solicitor MEO/jp Enclosure A COMMONWEALTH OF MASSACHUSETTS Department Of The Trial Court Essex, as. Superior Court No. 85-258 <U ,A 01 Daniel T. Aardaris, at al c1 vs. �� I rim James Hacker, at al G SUMMARY JQDGMERT (MASS. R. CIV. P, 5b) This action came to be heard before the Court, Brady, J. pre— siding,, upon the motion of the plaintiffs Daniel T. Aardaris, Susan M. Aardaris, Maureen J. Ailey, James H. Ailey and Mary E. Budka for summary judgment pursuant to Mass. R. Civ. P. 5b, the parties having been heard, the Court finds that there is no genuine issue as to material fact, and that the plaintiffs are entitled to a judgment as a matter of law. It is hereby Ordered that; the decision of the Board of Appeals of Salem granting of "a Variance and Special Permit for property located at 16 Ord Street, Salem, Massachusetts is annulled. Judgment for the plaintiffs. The Clerk-Magistrate of the Court is directed to mail an attested copy of this judgment within thirty days from the date hereof; to the Oity Clerk, Building Inspector, and Board of Appeals, respectively of the City of Salem. Date; June 10, 1988. CC Assistant Clerk Citp of *aiem, Onzarb ge g Public Propertp Department �3uilbing Department ®ne 6alem Oreen 745-9595 @xt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 4, 1988 Michael E. O'Brien City solicitor 93 Washington Street Salem, MA. 01970 RE: Stasinos project Dear Mr. O'Brien, On August 3, 1988 I received the drawings and application for a building permit from Mr. Stasinos that pertain to his commercial project located at 400 Highland Avenue. After reading your letter to Mr. Fleming, I would like to know if all the conditions of the settlement must be in place before I can issue a building permit , in particular numbers one thru five on page two of your July 18, 1988 letter to Mr. Fleming. I hope to review the drawings and issue the building permit around the end P g g of next week, August 12, 1988. Please advise me if there are any objections to issuing this permit. Sincerely, Stephen W. Santry l Assistant Building Inspector SWS/eaf KEVIN T. DALv LEONARD F. FE MINO ASSISTANT CITY SOLICITOR Yy `'✓,S? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET "�^"'� 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET SALEM. MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET Sl WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET July 18 , 1988 James M. Fleming, Chairman Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 Re: Stasinos v Board of Appeal, et als Essex Superior Court # ' s 86-1534 & 87-2852 Dear Mr. Fleming: Please be advised that pursuant to the authority given me by your Board on January 14 , 1988 , I have settled the above two ( 2 ) cases. As you are aware the litigation in the above matter had it' s inception over 3;� years ago when the city sought to rezone land on Highland Avenue. I 'm sure you and the members of the Board of Appeal are quite familiar with the details of the above matter and I do not wish to burden you with a lengthy history of the same. However, a short recitation of the facts is necessary. Stasinos v Board of Appeals , et. als. , (Essex Superior Court #86-1534 ) involves the Consent Judgment entered into by Mr. Stasinos and the Board of Appeals. As a result of a "stop work" order issued against Mr. Stasinos in February 1987 , a contempt complaint was filed against the Board, the City of Salem, the City Planner and the Building Inspector, seeking monetary damages for the delay occasioned by the order. The companion case Highland Development Corp. v Board of Appeal, (Essex Superior Court #87-2852 ) involves a separate action by Mr. Stasinos demanding either a return of the land he deeded to the City for soccer fields or just compensation for the same. Based upon a review of pre-trial depositions of various city officials , examination of literally hundreds of documents and review of evolving case law, this office determined that the litigation should be settled. Two recent United States Supreme Court cases involving somewhat similar situations are worthy of note. First English Church v County of Los Angeles , 107 S. Ct. 2378 , decided June 8 , 1987 and Nolan v California Costal Commission, 107 S. Ct. 3141 decided on June 26, 1987 are the leading cases on "regulatory takings" . The theory developed in these cases maintains that certain conditions and restrictions placed upon developers may constitute a "taking" for purposes of the Fifth Amendment. In addition, a recent Appellate decision in another jurisdiction has held that where a developer had to cede land as a condition of a zoning board' s permission to build the owner is entitled to build without such a condition being adhered to. In addition, the owner can proceed with a claim for money damages (Unlimited v Kitsap County, 760 P. 2nd 651) . The above quoted cases taken in conjunction with the testimonial and documentary evidence convinced me that it was in the best interests of the city to settle these matters. In my opinion, the potential exposure to the City of Salem dictated a settlement. In closing, I am enclosing copies of the settlement documents for your files. In summary, the settlement deatils are as follows : 1. The Contempt action against the Board, City, City Planner and Building Inspector seeking monetary damages is dismissed; 2 . Mr. Stasinos will pay the City of Salem Trust Fund $75, 000 .00 for use of Youth Soccer and other private non-profit athletic organizations ; 3 . Mr. Stasinos will issue releases to the City of_. Salem, Board of Appeals and all other municipal boards and officials, past or present, individually and in- their official capacities ; \ j 4 . The Board agrees that\—title to the disputed land vests in Mr. Stasinos and that the restrictions on the existing two-story building on the land are recinded. 5 . Mr. Stasinos agrees not to utilize the disputed land other than a 305x$0 foot retail and office building. V y truly yours, i Michael E. O'Brien City Solicitor MEO/jp Enclosures �T KEVIN T. DALY _s '1 LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T'4 �J' ASSISTANT CITY SOLICITOR Lc�anr.�+ 9 93 WASHINGTON STREET 3 WASHINGTON STREET AND CITY OF SALEM MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET c' SALEM. MA 01970 BEVERLY. MA 01915 745.4311 CITY SOLICITOR 745-4311 93 WASHINGTON STREET 921-1990 745.0500 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO SI WASHINGTON STREET July 18 , 1988 James M. Fleming, Chairman. Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 Re : Stasinos v Board of Appeal, et als Essex Superior Court # ' s 86-1534 & 87-2852 Dear 'Mr. Fleming: Please be advised .that pursuant to the authority given me by your Board on January 14 , 1988 , I have settled the above two ( 2 ) cases. As you are aware the litigation in the above matter had it' s inception over 311 years ago when the city sought to rezone land on Highland Avenue. I'm sure you and the members of the Board of Appeal are quite familiar with the details of the above matter and I do not wish to burden you with a lengthy history of the same. However, a short recitation of the facts is necessary. Stasinos v Board of Appeals, et. als. , (Essex Superior Court #86-1534 ) involves the Consent Judgment. entered into by Mr. Stasinos and the Board of Appeals . As a result of a "stop work" order issued against Mr. Stasinos in February 1987 , a ' contempt complaint was filed against the Board, the City of Salem, the City Planner and the Building Inspector, seeking monetary damages for the delay occasioned by the order. The companion case Highland Development Corp. v Board of Appeal, (Essex Superior Court #87-2852 ) involves a separate action by Mr. Stasinos. demanding either a return of the land he deeded to the City for soccer fields or just compensation for the same. Based upon a review of pre-trial depositions of various city officials , examination of literally hundreds of documents and review of evolving case law, this office determined that the ' litigation should be settled. Two recent United States Supreme Court cases involving somewhat similar situations are worthy of note. First English Church v County of 'Los Angeles, 107 S. Ct. 2378 , decided June 8 , 1987 and Nolan v California Costal Commission, 107 S. Ct. 3141 decided on June 26 , 1987 are the leading cases on "regulatory takings" . The theory developed in these cases maintains that certain conditions and restrictions placed upon developers may constitute a "taking" for purposes of the Fifth Amendment. In addition, a recent Appellate decision in another jurisdiction has held that where a developer had to cede land as a condition of a zoning board ' s permission to build the owner is entitled to build without such a condition being adhered to. In addition, the owner can proceed with a claim for money damages (Unlimited v Kitsap County, 760 P. 2nd 651 ) . The above quoted cases taken in conjunction with . the testimonial and documentary evidence convinced me that it was in the best interests of the city to settle these matters. In my opinion, the potential exposure to the City of Salem dictated a settlement. In closing, I am enclosing copies of the settlement documents for your files. In summary, the settlement deatils are as follows : 1. The Contempt action against the Board, City, City Planner and Building Inspector seeking monetary damages is dismissed; 2 . Mr. Stasinos will pay the City of Salem Trust Fund $75 ,000. 00 for use of Youth Soccer and other private non-profit athletic organizations ; 3 . Mr. Stasinos will issue releases to the City of Salem, Board of Appeals and all other municipal boards V and officials, past or present, individually and in their official capacities; 4 . . The Board agrees that title to the disputed land vests in Mr. Stasinos and that the restrictions on the existing two-story building on the land are recinded. 5 . Mr. Stasinos agrees not to utilize the disputed land other than a 305x8o foot retail and office building. Zy truly yours, / Michael E. O'Brien City Solicitor MEO/jp Enclosures COMMONWEALTH OF MASSACHUSETTS ESSEX, sS . J?y� .SUPERIOR COURT DEPT. }`.• ti ESSEX COUNTY DIVISION 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 A. LUZINSKI, , �• PETER STROUT, ARTHUR LABREQUE, ) l ya PETER A. DORE, AS THEY ARE MEMBERS OF THE CITY OF SALEM, BOARD DEFENDANTS OF APPEAL, AMENDED CONSENT JUDGMENT It is hereby agreed by all parties that the Consent Judgment entered by this Court on August 18, 1986, as amended, be further amended as follows:. 1 . ) Paragraph 2 ) subparagraph a ) is amended by striking out the second, third and fourth sentences thereof . 2 . ) Paragraph 2 ) subparagraph b) is amended by striking out said subparagraph in its entirety. 3 . ) Paragraph 2 ) subparagraph m) is amended by striking out said subparagraph in its entirety and substituting in its place the following: m) The plaintiff through Salem Highland Develdpment Corporation agrees to limit the use of the 3 . 95 acres of land described in deed recorded in Essex South District Registry of Deeds as instrument #408 of December 18, 1987 . Even though the land is now located in a Business Park Development zone and the plaintiff possesses a building permit from when the land was in a Business I 2 zone, he shall construct no buildings on said i land other than a 305 x 80 foot building consisting of no more than two stories for retail and office area . The combined retail and office space shall not exceed 40 , 000 square feet, excluding hallways and common areas . . c 4 . ) Paragraph 2) is amended by inserting the following new subparagraph x) : X) The plaintiff shall pay the City of Salem Trust Fund Commission the sum of Seventy-Five Thousand ($75, 000 .00) Dollars for the use of Youth Soccer or other non-private athletic organizations. 5 .) Paragraph 2) is amended by inserting the following new subparagraph y) : Y) The plaintiff shall execute releases to the City of Salem, Salem Board of Appeal and all. other municipal boards and officials , elected or appointed , past or present, individually and in their official capacities . 6 . ) Paragraph 2) is amended by inserting the following new subparagraph z) : z) The plaintiff agrees not to build on any, .portion of his real estate other than for 140 condominium units , the existing two-story 3 ,000 square foot building and proposed 305 x 80 foot building . The plaintiff further agrees not- to institute any legal proceedings in law or equity to intensify the use of the land beyond that allowed by this subparagraph and to use the said existing building in accordance with building laws . 7 . ) The City shall issue to Salem Highland Development Corp . a building permit for the building described in Paragraph 3 hereof, which permit shall issue on or before July 31, 1988. The fee for said permit has been paid in full . Except as expressly hereby amended , the consent Judgment of August i8, 1986, as amended is hereby confirmed . Dated : July 5 , 1988 Mike Stasinos , Plaintiff City of Salem Board of Appeal by its attorney: J Willia ethan , I Esq. Michael E. O 'Brien Pearl , McNiff , Crean , Cook &. Sheehan City Solicitor 30 Main Street 81 Washington Street Peabody, DIA 01960 I Salem, MA 01970 Telephone ( G17) 531-1710 Telephone (617) 744-3363 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. ESSEX COUNTY DIVISION CIVIL ACTION NO. 86-1534 MIKE STASINOS and SALEM HIGHLAND DEVELOPMENT CORP. , 1 PLAINTIFFS VS PbCITY OF SALEM BOARD OF APPEAL, ' v JAMES B. HACKER, RICHARD A. BENCAL, JAMES M. FLEMING, EDWARD J. LUZINSKI, PETER STROUT, ARTHUR LABRECQUE, PETER A. DORE, ' 1' AS THEY ARE MEMBERS OF THE CITY c W OF SALEM BOARD OF APPEAL, GERARD KAVANAUGH, WILLIAM H. MUNROE AND CITY OF SALEM, DEFENDANTS STIPULATION OF DISMISSAL (CIVIL CONTEMPT) The parties in the above-entitled action for Civil Contempt pursuant to the provisions of Massachusetts Rules of Civil Procedure 41(a) (1) (ii)', hereby stipulate that said action be dismissed, with prejudice and without costs. Dated: July 5, 1 1�\y L Wil H. Sheehan, II sq. 4ichael iE7O-/Brien l Pearl, McNiff, Crean, Cook & Sheehan City Solicitor 30 Main Street 81 Washington Street Peabody, MA 01960 Salem, MA 01970 Telephone ( 617 ) 531-1710 Telephone ( 617 ) 744-3363. Attorney for Plaintiff Attorney for Defendants COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department Essex County Division Docket No. 87-2852 SALEM HIGHLAND DEVELOPMENT CORP. , � PLAINTIFF VS. ) /���o�����0� � CITY OF -SALEM AND SALEM BOARD OF ) APPEALS, DEFENDANT ) AGREED MOTION FOR ENTRY OF JUDGMENT Now come the parties, by agreement, and move this Honorable Court, �.,pursuant to Mass . R. Civ. P. 58 , to enter judgment in the above-captioned case in accordance with the proposed judgment attached hereto. In support of this motion, the parties state that they agree to form and substance of the proposed judgment . Dated: July 5, 1988 Respectfully submitted, Salem Highland Develot Corp. , By itsto ney, Willia H. h ha I I Pearl, McNiff , Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960 Telephone: ( 617 ) ) 531-1710 City of Salem \� Salem Board of Appeals , ZBy it Attorney, Mic ael E. O ' Brien, City Solicitor 81 Washington Street Salem, MA 01970 Telephone: ( 617 ) 744-3363 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department Essex County Division Docket No. 87-2852 SALEM HIGHLAND DEVELOPMENT CORP. , ) PLAINTIFF ) VS. ) CITY OF SALEM AND SALEM BOARD OF ) APPEALS, DEFENDANT ) ' JUDGMENT Pursuant to Mass . R. Civ . P. 70, and by agreement of all parties to this action, it is ordered and adjudged that the City of Salem is divested of title to the real property described in Exhibit A attached hereto and title thereto is hereby vested in Salem Highland Development Corp.-, a Massachusetts corporation with a usual place of business in Lynn, Massachusetts . Each party to bear its own costs. Dated: 14 19 T$ Supe for G6urt Judge l EXHIBIT A The land in said Salem, situated on Highland Avenue and shown as Lot A on a plan. entitled, "Plan of Land in Salem, Mass . , Prepared for Salem Highland Development Corp. " dated August 25 , 1986 , Essex Survey Service , Inc. , Reg. Land Surveyor , recorded with Essex South District Registry of Deeds , in Plan Book 219 , Plan 36, and more particularly bounded and described as follows: SOUTHEASTERLY by Highland Avenue, three hundred ninety and 35/100 ( 390 . 35) feet ; SOUTHWESTERLY by Right of Way, as shown on said plan, four hundred thirty-three and 54/100 ( 433 . 54 ) feet ; NORTHWESTERLY by Lot C, as shown on said plan, four hundred forty-six ( 446 ) feet ; NORTHEASTERLY by Lot B, as shown on said plan, one hundred seventy-five and 22/100 ( 175 . 22 ) feet ; EASTERLY on• a curve having a radius of ninety-one and 66/100 ( 91 . 66) feet , a distance of one hundred thirty-five and 07/100 ( 135 . 07) feet. Said parcel containing 3 . 95 acres of land, as shown on said plan. Said premises are conveyed subject to a thirty ( 30 ) foot wide easement , as shown on said plan and a sign easement for the benefit of the grantor as delineated on said plan. Said premises are conveyed together with an access easement for the benefit of Lot A, as shown on said plan. he ighland Condominium at eyalem March 27, 1987 DELIVERED IN HAND 3/27/87 Mr. William Munroe Building Deparmtnet City of Salem One Salem Green Salem, MA. 01970 Re: HIGHLAND ACRES 394 HIGHLAND XIENUE, SALEM, '_`BASS . Dear Mr. Munroe: Enclosed please find an update on the condition of the following buildings at the Highland Acres development prepared by Peter F. DiMeo Associates, Inc. , dated March 24, 1987, on Buildings numbered 1, 2, 3, 4 , 5 , 6, 7, 8 and 12. Very truly yours, SALEM HIGHLAND DEVELOPMENT CORP. BY: - ap-, QfhL•!-p ike Stasinos President MS:caj Enclosure 394 Highland Avenue Salem, Mass 01970 Phone (617) 741-2003 395-4777 PETER F. DIMEU ASS 546 MAIN STREET . TONNENAM . M '40�� March 24, 1987 3fAND � ���"'� i^-4o Building Department City of Salem •%7 //' One Salem Green Street Salem, MA. 01970 Attention: Mr. William .. ...� Re: HIGHLAND ACRES 394 HIGHLAND AVENUE SALEM, MASSACHUSETTS Dear Mr. Munroe: We have inspected the entire condominium development at the above address on March 21, 1987, and the condition of the development, which includes Buildings numbered 1, 2, 3, 4, 5 , 6 , 7, 8 and 12, are as follows: BUILDING #1. . . 4 UNITS "B" TYPE: No further progress. BUILDING #2. . . 6 UNITS "B" TYPE: No Further Progress. BUILDING #3. . . 4 UNITS* "A" TYPE: 1. No exterior siding; roof shingles completed. 2. Rough wiring and plumbing has been completed. 3 . Insulation has commenced. BUILDING #4. . . 6 UNITS "A" TYPE: 1. Exterior Siding completed. 2. Sheetrock completed. 3. Finish trim and doors commenced. PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 M A I N S T R E E T , S T O N E H A M , M A S S A C H U S E T T S 0 2 1 8 0 T E L-E P H O N E 43 8-0900 Building Department City of Salem Page -2- March 24 , 1987 BUILDING #5. . . 4 UNITS "B" TYPE: 1. Siding of roof shingles completed. 2. Rough wiring and plumbing completed. 3. Insulation completed. 4. Sheetrock commenced. BUILDING #6 . . . 6 UNITS "A" TYPE: 1. Exterior siding approximately 90% completed. 2. Insulation completed. 3. Sheetrock completed. 4 . Wood trim and doors completed. 5. One Coat of paint throughout. 6. Finish eldctrical .started. BUILDING #7. . . 6 UNITS "B" TYPE: 1. Exterior frame completed. 2. Rough interior partitioning commenced. 3 . No exterior windows or doors installed. BUILDING #8. . . 4' UNITS' "'AA" TYPE: 1. Exterior framing completed. 2. Masonry fire walls completed. 3. Interior partitioning commenced. PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 M A I N S T R E E T . S T O N E H A M . M A S S A C H U S E T T S 0 2 1 8 0 T E L E P H O N E 438-0900, Building Department City of Salem Page -3- March 24. 1987. : . ' . : . . . . . . . . . . . . . . . . BUILDING #12. . 6 UNITS ":N" TYPE: 1. Exterior framing completed. 2. Masonry fire walls completed. 3. Roof shingles 50% completed. 4 . Rough wiring commenced. 5. Interior partitioning commenced. The following represents the punch list for Buildings #3 and #5: BUILDING #3 _ UNIT #301. . . . . .1. Garage Strapping completed. 2. Box over electrical pipes completed. 3. Blocking for handrail completed. 4 . Box for washer completed. 5. Hold for filet flange too big - has been reinforced. 6. Bathroom wall not nailed, but now is done. 7. Can see to other unit in eaves and it has been filled in. 8 . Header for ridge pole and jack and studs - additional jack studs installed. 9. Block wall not to roof line. Masonry work commenced from the .bottom of the roof truss to the top of the roof truss to close opening to complete firewall. 10. Fireplaces and chimneys are in units but are. not completed. Fireplace contractor due in shortly to -complete work. UNIT #302. . . . . . 1. Box for electrical pipes done. 2. Strapping for unit completed. 3. Fireplace and chimney are in unit but are not completed. Fireplace contractor due in shortly to 'complete work. 4. Blocking for handrail completed. UNIT #303 . . . . . . 1. Wall and tub in master bedroom bathroom not in. The buyer has paid additional money for installation of a Jacuzzi whirlpool. Tub on site and will be installed shortly. 2 . Block wall not to roof line. Masonry work commenced to complete firewall in unit. I� PETER F. DIMEO ASSOCIATES, INC. ARCHITECTUILE PLANNING 546 M A I N S T R E E T . 5 TON E HAM . M A S S A C H U S E T T S 0 2 18 0 T E L E P H O N E 438-0900 Building Department City of Salem Page -4- March 24, 1987 BUILDING #3 (continued) : UNIT #303. . . . . 3. Make sure insulation is away from recessed lights in loft. Insulation has been removed, and an airspace has been provided for. UNIT #304. . . . . 1. Jack and stud on box bay. Additional jack stud has been added to bay. 2. Chimney brackets not nailed. Nailing complete. 3. Strapping for unit is complete. 4. Ridge beam , jack and .stud. Additional jack stud has been added. BUILDING #5 UNIT #504. . . . . 1. Vent in garage crushed, and has been replaced. 2. Vent in second floor crushed. Has been replaced. 3. Chimney hangers one nail. Nailed properly. 4. Chimney flange on third floor ceiling - installed. 5. Stra-;iping for utility closet in garage - has been restrapped. 6. Trusses in tub areas add 3/4 plywood - completed. UNIT #503. . . . . 1. Strapping in utility closet - repaired. 2. 3 .,Gang box in firewall near front door - repaired with mortar. 3. Trusses in tub areas add 3/4 plywood - completed. 4. Chimney hangers one nail. Nailed properly. 5. Chimney flange on third floor ceiling - installed. 6. Block wall not all the way up to roof. Firewall completed with 5/8ths inch fire-coded gypsum board each side of roof truss. UNIT #502. . . . . . 1. Make blocks for electrical pipes in garage - completed 2. Strapping in utility closet - repaired. 3. 3 Gang box in firewall near front door - repaired with mortar. 4 . Trusses in tub areas add 3/4 plywood - completed. 5. Chimney hangers one nail. Nailed properly. 6. Chimney flange on third floor ceiling - installed. 7. Strapping on third floor bathroom repaired. II - - PETER F. DIMEO ASSOCIATES, INC. ARCI;ITECTVRE PLANNING 546 MAIN STREET . STONEHAM . MASSACHUSETTS 02180 TE E'EPH0NE 678-0900 Building Department City of Salem Page -5- March 24, 1987 BUILDING #5 (continued) : UNIT #501. . . . . 1. Box around electrical service pipes - installed. 2. Strapping in garage and bathroom ceilings - completed. 3. Trusses in tub areas add 3/4 plywood - completed. 4. Chimney hangers one nail. Nailed properly. 5. Chimney flange on third floor ceiling - installed. 6. Chimney elbow hangers renailed. If there are any questions regarding any of the above, please feel free to contact the undersigned. Very truly yours , PETE I,TMEO ASSOCIATES, INC. BY: "-A'Z Peter F. DiMeo Registered Architect PFD:caj I PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 Main Street, Stoneham, Massachusetts 02180 Tel. 438-0900 December 4, 1992 Cl 4 w � � r Mr. Leo Tremblay Building Inspector City of Salem Building Department One Salem Green R, Salem, MA. 01970 = - Re: Highland Acres Condominiums 394 Highland Avenue Salem, MA. 01970 Dear Mr. Tremblay: We have inspected the entire condominium development at the above address on December 4, 1992, and the condition of the development, which includes Buildings number 24, 25 and 26, are as follows: BUILDING #24 6 UNITS "B" STYLE: 1. Backfill and rough grading. BUILDING #25 6 UNITS "A" STYLE: 1. Backfill and rough grading. . 2. Driveways rough graded. 3 . Cement slabs poured and complete. BUILDING #26 6 UNITS "A" STYLE: 1. Cedar Clapboards - 758 complete. 2 . Exterior Painting - 508 complete. 3. Landscaping - 508 complete. I. Page -2- City of Salem Building Department December 4 . 1992 BUILDING #26 (continued) 4. Rough Electrical and plumbing - 33% complete. All work is progressing satisfactorily in accordance with drawings provided by this office. §iztaIIn ( �� 92 PETER F. DI MEO, A.I.A. PETER P. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 Main Street, Stoneham, Massachusetts 02160 Tei. 438-0900 November 20, 1992 Mr. Leo Tremblay Building Inspector City of Salem Building Department One Salem Green Salem, MA. 01970 cz Re: Highland Acres Condominiums 394 Highland Avenue ` L Salem, MA. 01970 ' r N Dear Mr. Tremblay: r We have inspected the entire condominium development at the above address on November 20, 1992 , and the condition of the devsdop W=xt, which includes Buildings number 24, 25 and 26, are as follows: BUILDING #24 6 UNITS "B" STYLE: 1. Backfill and rough grading. BUILDING #25 6 UNITS "A" STYLE: 1. Backfill and rough grading. 2 . Driveways rough graded. 3 . Cement slabs poured and complete. BUILDING #26 6 UNITS "A" STYLE: 1. Asphalt Roof Shingles - 100% complete. 2. Windows and Doors - 100% installed. 3 . Hot top binder coat on driveways and sidewalks. PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 Main Street, Stoneham, Massachusetts 02180 Tel. 438-0900 November 6, 1992 a= n rn Mr. Leo Tremblay o Building Inspector City of Salem Building Department _ One Salem Green - ='c -n Salem, MA. 01970 =, Re: Highland Acres Condominiums r-J 394 Highland Avenue Salem, MA. 01970 Dear Mr. Tremblay: We have inspected the entire condominium development at the above address on November 6, 1992, and the condition of the development, which includes Buildings number 24, 25 and 26, are as follows: BUILDING #24 6 UNITS "B" STYLE: 1. Backfill and rough grading. BUILDING #25 6 UNITS "A" STYLE: 1. Backfill and rough grading. 2 . Driveways rough graded. 3. Cement slabs poured and complete. BUILDING #26 6 UNITS "A" STYLE: 1. Plywood Roofing - 100% complete. 2. Asphalt Roof Shingles - 75% complete. 3 . Commence installation of windows and doors. All work is progressing satisfactorily in accordance with drawings provided by this office. n rel PETER F. I M PETER F. DINED ASSOCIATES, INC. ARCHITECTURE PLANNING 546 Main Street, Stoneham, Massachusetts 02180 Tel. 438-0900 October 23, 1992 O O L r Mr. Leo Tremblay "m a Building Inspector 71 C-. City of Salem Building Department m o One Salem Green =o -o r' Salem, MA. 01970 -` n N GD Re: Highland Acres Condominiums N N 394 Highland Avenue Salem, MA. 01970 Dear Mr. Tremblay: We have inspected the entire condominium development at the above address on October 23 , 1992, and the condition of the development, which includes Buildings number 24, 25 and 26, are as follows: BUILDING #24 6 UNITS "B" STYLE: 1. Backfill and rough grading. BUILDING #25 6 UNITS "A" STYLE: 1. Backfill and rough grading. 2. Driveways rough graded. 3. Cement slabs poured and complete. BUILDING #26 6 UNITS "A" STYLE: 1. Roof Truss System 100% complete. 2. Plywood Roofing - 25% All work is progressing satisfactorily in accordance with drawings provided by this office. Sin ly, obfiw� PETER F. DI MEO This 2-7 TIT day of L(�a /4 u„Ltx e t 19 D� r'IIC:zviiw" P, ii PARTIES iGbtE, ui Sa:lem; . BSSachuestta O . (fill in) hereinafter called the SELLER,agrees to SELL and ;.3IFif. LZIS11700 hereinafter caned the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRIPTION ii certtiln Pl.:rcOl Oa" lc:l--4(l COntaining approatlmately 25 acres 01 Baal [,ill in and include and eltuated on 1lighlana venua, i_-:jlem, Essex County Pviass. (or title reference) however much land is Included within the descriptIons of two deeds to the Seller); 1. gated ..lay 21, 1951, iaccrtaad In Essex ;Doth Giatrlct Feglstry of Veeda, Book 3820, Page 3201 2. dated January 3, 1968, recorded with said Registry In Book 5503, Page 121. 3. BUILDINGS, Included in.the sale as a. art of said premises are the buildfn s structures, and im UP-11 now STRUCTURES, thereon, and the fixtures belonging to the SELLER-and used in ccc6nnection therewilMdu—lt t'6f if'"iny, IMPROVEMENTS, all venetian blinds, window shades,screens,screen doors,storm windows and doors, awnings, shutters, FIXTURES furnaces, heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels,outside television antennas, fences, gates, trees,shrubs,plants,and, if built in,air conditioning equipment,.ventilators,.garkagedisposers, dishwashers, washin machines and drfers..apd, (fill in or delete) .rEx'-_,-._,_„`_-„ but excluding- I. TITLE DEED Said premises are to be conveyed by a good and sufficientdeed running to the Ifill in) BUYER,or to the nominee designated by the BUYER by wi tten notice to the SELLER at least seven * Include here by specific days before the deed is to be delivered as herein provided, and said deed shall convey a good reference any restric- and clear record and marketable title thereto, free from encumbrances,except tions, easements, rights (a) Provisions of existing building and zoning laws; ands not included in party (b) Existing tights.and_obV;gations in_arty walls which are not the subject of written agree- walls not included fn meat;. -- _ (b), leases, naunicipa! (c) Such taxes for the then current year as are not due and payable on the date of the delivery and other liens, other en- of such deed; cumbrances. and make (d) Any liens for municipal betterments assessed after the date of this agreement; provision to protect (e) Any easement, restriction or agreement of record presently in force and applicable which do SELLER against not interfere with the reasonable use of the premises as now used. BUYER'S breach of •If) Ce aloo adddndum SELLERS covenants in Leases, where necessary. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. !?RGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form suffi- 1ITLE cient te.entttle the BUYER to a Certificate of Title of said prem ses, and the 89LLER'sTia—r rel W&wall said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCIIASE PRICE The agreed purchase price for said premises is Ifill in); space is al- lowed to unite out the amounts. dollars,of which (provide for pay- $ i06,L,ii u,iii:: have been paid as a deposit this day and stent by certified or Bank's Check ac- $ are to paid at the time of delivery of the deed in cash, bank or certified centable to the SEL- checks. LER, if required) — ,: 7 iP;Ort^"e -t 3°�• .. $ .: ,J- •..,.lbed fat c.cad93 < UifiPand IiOLC :9curea $ TOTAL S. TIME FOR Such deed is to be delivered at • r"1= 'bcl ., OZ ock 3I. on or before the - •ilE day of PERFORDiANCE; ;;3;1ya7;ciai_;ry 19 i14i , at the Registry of Deeds, unless otherwise agreed upon. It is agreed that DELIVERY OF time is of the essence of this agreement. DEED (fill in) 9. FOSSESSION and Full possession of said premises free of all tenants and occupants, except as herein provided, is to be CONDITION of delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as PREh:1SFS. they now are reasonable use and wear thereof excepted, and (b) not in violation of said building and attach list of excep- zoning laws,-and(c) in compliance with the provisions of any instrument referred to in clause 4 hereof. Dons, y anv) - �Ir i. ,.�. _..:u11�lt�C:, .. •,.•ryf �C:: -3u it1BC ..i vtiE Z.:cGii. 10. 'c:{TENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the PERFECT TITLE premises, all as hereat stipulated, or if at the time of the delivery of the deed the premises do not con- OR MAKE form with the provisions hereof, the SELLER shall use reasonable efforts to remove any defects in title, PREMISES or to deliver possession as provided herein, or to make the said premises conform to the provisions CONFORM hereof, as the case may be, in which event the SELLER shall i Change paviod o give written notice thereof to the BUYER / at or before the time for periormance hereunder, and thereupon the time for performance hereof shall time it(iesired.) be extended for a period of thirty(30)days. -. .,-. 1; 1 :: .7dt3nCiLt- SIB.0.13 JW, Istl 11. "'AILUP,E TO If at the expiration of the extended time the SELLER shall have fated so to remove any defects in title, OR MAPERKE TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any PREMISES time auring the period of this agreement or any extension thereof, the holder of a mortgage on said CONFORM, etc. Premises shall refuse to permit the insurance proceeds,if any, to be used for such purposes,then, at the BUYER'S option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the 0 1 Parties hereto. yi8 P.-1u0 a�dfl 12. BUYER'S ndurG, ELECTION TO The BUYER shall have the election, at either the original or any extended time for performance, to ACCEPT TITLE accept such title as the SELLER c that in the event of sue, an deliver to the said premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title,except have h convfire or eyance in accord with the provisions of this clause, if the said premises SELLERhash been damaged restored the promises to thew•formercondition,tion tile ie SELLER shat, unless the her (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recover- able on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration,or (b) if a holder of a mortgage on said premises shat not permit or a part flip insurance proceeds thereof to be used to restore the said premises to their former condition or to be ds paid over or assigned, give to the BUYER a credit against the Purchase price,on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee s the case may 6e, shall be a full performance OF DEED in discharge and release of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of deliv- PURCHASE ery of the deed, use the purchase mons or an MONEY TITLE delivery of said deed.bravery or interests, provided that all rostrum n CLEAR TITtsso procuredionta eto crecordedt imultaneouslylwith the 15. INSURANCE Until the.delivery of the deed, the SELLER shall maintain insurance on said premises as follows: " Insert amount Type of Insurance (fist additional types of (a) Fire and Extended Coverage (b) Amount of Coverageinsurance and amounts as agreed) '$ (e) SEE 2.1.Ji�E Jyj jJ yi ADJUSTMENTS ✓.,d1fPEt6tf:ta611t8;A1ori�g�g;jnt, gg list operating ex- and sewer use charges,: Patd�KIDmtr�reRifnsaitpt¢dnt$� penses, tJ any, or at- foltCt9ti71&'�ap9tttdlS�fift:tayl;ytUWAXd"!i: water tack schedule) �fh�• of pes:foKthe7thMWft;§1t;VW, shall be apportioned atitL'gralt�8 s of the day of periormance of this agreement tigMaIL de iv deducted from, as the case may be, the purchase price payable by the BUYER at the time of —.__and the net amount thereof shat be added delivery of the deed. I;;:d6}fed48tl:f�g�k;g}�A����, I; ���`�ao" 17. ADJUSTMENT CnUa✓;t��b9i�th6rcPa>;ty ' �Xn �fi OF UNASSESSED If the amount of said taxes is not known at the time of the deliver AND apportioned on the basis of the taxes assessed for the preceding Y o1 the deed, they shall be the new tax rate and valuation can be ascertained; and, the taxes' Yew' with tba reapportionmapportioned ent as soon a shall ABATED TAXES thereafter be reduced by abatement, the amount of suchabatement,clessto thereason reasonable obtaining the same, shall be apportioned between the parties, Provided that neither obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. ig. BROKER(S) Party shall be FEE: A fee of is to be paid by the SELLER to (Jill in space) for professional services the Broker's) herein, but if the SELLER pursuant to the terms of clause21hereof retains the deposits made hereunder by the BUYER,said Broker(s)shall be entitledtoreceive from the SELLER an amount equal retained or so- amount equal to the commission according to such schedule one-half the amount so refor this transaction, whichever is the lesser. 19. FiPOKEMS) The Broker(s)named herein WARRANTY warrant(s)that he (they)is (are)duly licensed as such by.the.Commonwealth of Massachusetts. (fill in name) DEPOSIT All deposits made hereunder shall be held, in escrow, by the li#4 (Jill in, or delete(s)i ayt�+en2:{eT ;;gELq R subject to the terms of this agreement and shall be duly accounted for at the sieves to broker(s)i1 time for performance of this agreement. �e ��e rlSi C,duly Ear posit)SELLholds de- ::ISO cadderctun. posit) 21. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the DEFAULT; IUYE$,shall.he.retangd b DAMAGES s ti $ LI,F�R asyt9uidated dame es irss'�iv+2Ftn:thli•};3t.tfd ghg `iim`e"for perfoi•inahce of fhYs-'a�i•�eltiti~tLP aNY'4'ttelf a 'J B�gldamwnfiA� hi�:i tldti sttfn inerea€�'t7te%$ESLkTidtlr4?i�iy_ - . FINANCING 'he he Buyer is applying for a first mortgage . I;uiicates schedule* of of $ (.Glli^.�'tt Me rate and -- years at according to an initial amortization --9n, or the usual rate of interest prevailing at the time of the Bank commitment °r the signing of the mortgage !rims.m include a fixed rate mortgage, variable rein mortgage, renegotiable rate more ea re, auhich payments however, shall not he limited to these types of instruments. This financing note. It is en the above-named terms are computed. shall be obtained by the Buyer and/or Broker nn or before i 6 or review mortgage; void and monies shall he without ret ed, and all other obligati, of all parties shall this agreement hall be ies hereto p SELLER andtheBrokers n twritino tile g ofttheir inability.to obtain°wever, t!iat said financinghon or be ore this date. Failure t°so notify will not excuse the Buyer from performance hereunder. '.. 'dETEPANS The BUYER, being a Veteran, intends to use his so called Veterans Administration loan benefits to '"INANCI?JG finance the purchase of said premises;it is understood and agreed that if on or before fill in blank spaces a Certificate of Reasonable Value 1'or not less than the purchase price shall not he issued by the Veterans en delete Administration Loan Guaranty Division and if an accredited lending irstitution shall not ,)r delire clause) accept i mortgage loan of$ Payable a approve and °h per year, or the usual race of interest prevailing at the time years at a of the Banke of scommitment ot not to r the signing of the mortgage note, based upon the aforesaid Certificate of Reasonable Value, then ail payments hereunder by the BUYER shall be forthwith refunded and all other obligations of all Partieshereto shall cease.and this agreement shall.be.vaidand.without.recourse to.the.parties hereto.. 33. VETERANS "It is expressly agreed that, notwithstanding any other provisions of this contract the purchaser shall FINANCING-continued not incur any penalty by forfeiture of earnest money or otherwise h be obligated to complete the Ihll in blank spaces purchase of the property described herein, if the contract purchase price or cost exceeds the reasonable en delete value coli the property established by the Veteran's Administration. The purchaser shall, however, have entire clause) the privilege and option of proceeding with theconsummation of this contract without regard to the amount of reasonable value established by the VA." 21' F.H.A. The BUYER agrees to-apply FINANCING loan for not less than $ promptly for a U.S. Government Federal Housing Administration insured I rill in blank space o payable in years at a rate of interest not to exceed or delete per year, or the usual rate of interest prevailing at the time of the mortgage commit- ment or the signing of the mortgage note, and if he shall not be able to obtain a firm commitment for Clauses:24&25) such loan he or before en at BUYER shall be forthwith refu_ nded and all other the BUYER'S tU sof option,ad ll parues hereto shall eu a and this agreement shall be void and without recourse to the parties hereto. 25• F.H.A. APPRAISAL It is expressly agreed that, notwithstanding any other provisions of this contract, the PURCHASER STATEMENT shall not be obligated to complete the purchase of the property described herein or to incur any penalty (fill in amount or de. by forfeiture of earnest money deposits or otherwise, unless the SELLER has delivered to the lete Clauses 25&24) appraised value of the property PURCHASER a written statement issued by the Federal Housing Commissioner setting forth the or (The wording ojthis Mich statement the SELLER fhe eby agreesstoadeli ence rrtosthees fPURCnot 9HASER$promptllyy after such clause is required ver• appraised value statement is made available to the SELLER. The PURCHASER shall, however, have batim by F.H.A. the privilege and option of proceeding with the consummation of this contract without regard to the Rules&Regulations) amount of the appraised valuation made by the Federal Housing Commissioner. ... LIABILITY 01' If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEES, prin SHAREHOLDER, cipal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, BENEFICIARY,etc. nor any shareholder or beneficiary implied, hereunder. of any trust, shall be personally Gable for any obligation, express or 27. CONSTRUCTION This instrument, executed in qu1ntLpl t:atC; OF AGREEMENT to take effect as a sealed instrument, sets forth the entire ontracttbetween the parties rued as a 9 is binding upon Insert number of copies. and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein en BUYER their obligations hereunder shall be joint and several. The captions and margional notes aras e used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. This is a legally binding contract. If not understood, seek 'l8. BUYER& SELLER competent advice. ACKNOWLEDGE- The BUYER acknowledges that he has been informed that a lead paint inspection of the premises is MENTS suggested by reason of Mass. General Laws, Chapter III, Section 197. 29. SMOKE DETECTORS "The Seller shall equip the residential structure(s) on the within described realty with approved smoke detectors and furnish Buyer with Certificate of Approved Installation from the loeal Fire Department no later than time of conveyance." R'S 30. INSECT ON This Agreement is subject to the right of the Buyer to obtain, at his own expense, a home inspection of INSPECTION the premises by consultant(s)of his own choosing within ten (10)days after the parties' execution of this ACKNOWLEDGE- Purchase and Sale Agreement or within ten (10) days after the date of the parties' execution of a MENT Contract to Purchase granting to the Buyer such right-of inspection, whichever date is earlier, and which ten-day period, it is agreed, expires on consultant(s) shall have the right of access to the re ----_19_-, The Buyer and his the Seller, upon twenty-four (23) hours advance notice for purps at oses ofinspectinghe condition ofe times and in the csaid premises. If the Buyer is not satisfied with the results of such terminated without legal ore o either party by the Buyer at his electionequitable recourse tinspection, this Agreement may be , the parties thereby releasing each othher from all liability under this Agreement, and the deposit shallbe returned to the Buyer, provided, however, that the Buyer shall have notified the Seller and Broker(s), in writing, on or before the expiration date herein specified of his intention to so terminate; failure to so notify will not excuse the Buyer from performance hereunder. In the event the Buyer does not elect to have such inspection or to so terminate within ten (10) days the Seller and the Broker(s) are hereby released from liability relating to defects in the premises which the Buyer or Buyer's consultant(s) could reasonably have-been-expected to discover. The Buyer acknowledges that he has not relied upon any warranties or representations not incorporated in this Agreement, except for the following additional warranties and representations, if any, trade by either the Seller or the Broker: ::0122 31. ADDITIONAL If none, state"none";if any listed,indicate by whom the warranty or representation was made.) PROVISIONS Husband or Wife of Seller SELLER •� ` Husband or WifeofBuyeri,il.j�(g. �p.YyLl,v.S'; BUYER I have received a copy of the Patch "This is a lease and Sale Agreement. gacy bindi Received: ng contract. If not understood,seek competent advice." _ncompiete cony BUYER Date SELLER BUYER Date �Jmnleted Conv - Date SELLER :v PETER F. DIMEO ASSOCIATES, INC. A3ELCIiITEC77[x3EtE•..,_ PLANNING i p 546 MAIN 5T REE T . STONE HAM , MA55ACHU5E T T5 02180 TE IE P•11'U"NM: 4J 8.0900 Building Department 7 City of Salem 1 1 Salem Green Street Salem, Ma. 01970 CIT; C<'' ;;,_,i_ : _ iSJ Attn: Mr. WI lliam Munroe Re : Highland Acres 394 Highland Avenue Salem, Ila. Gentlemen : We have inspected the entire Project on February 20, 1987, and have found the work progressing in a good workmanlike manner. The condition of the Project, which includes Buildings numbered 1 ,2,3,4,5,6, 7, 8 t 12, is as follows: Building P1 . , 4 Units "B" Type: 1 . Exterior Completed. 2. The interior is completed with the exception of a second coat of paint. 3. No electrical power. Building n2. 6 Units "P." Type : 1 . Exterior completed with the exception of second coat of paint and Bluestone treads on exterior stairs. 2. Interior completed with the exception of finish coat of paint. 3. No electrical power. Building N3. , 4 Units "All Type : 1 . Exterior rough framing completed. 2. Exterior doors and windows installed. 3. Nlo exterior sidinn or roof shingles. 4. Rough wiring and plumbing has commenced. Building H'4. , 6 Units "A." Type : 1 . Exterior rough framing completed. 2. Exterior doors and windows installed. 3. Exterior siding to begin this week: 1 of 3 PETER F. DIMEO ASSOCIATES, INC. ARCIIITECTVRE PLANNING 546 MAIN STREET . STONE HAM , MASSACHUSETTS 02180 TEE-E PHONE 438-0900 BuildincT Department Salem, Na. Attn: Pr. William Munroe - 2 - Re: Highland Acres Pace 2. February 20, 1987 Buildinn k4. , 6 Units "A" Type (cont'd. ) : 4. Rough plumbing and wiring completed. Building #5. , 4 Units 'IB" Type: 1 . Exterior rough framing completed. 2. Exterior doors and windows installed. 3. No exterior siding or roof shingles. 4. Rough wiring and plumbing has commenced. Building k'6. , 6 Units "A" Type: 1 . Rough carpentry completed. 2. Exterior windows and doors installed. 3. Exterior siding approximately 65% completed. 4, Roof shingles completed. Fui (ding V. , 6 Units "B" Type: 1 . Exterior frame completed (no interior partitions installed) . 2. No exterior windows or doors installed. Building /l8. , 4 Units "A" Type: 1 . Exterior framing has commenced and is presently at first floor deck. 2. Masonry fire wall completed to first floor deck. Building b`12. , 6 Units "A" Type: 1 . Exterior framing has commenced and two units are framed to first floor deck. 2. Masonry fire walls completed to first floor deck. 2 of 3 PETER F. DIMEO ASSOCIATES, INC. ARCHITECTURE PLANNING 546 MAIN STREET . STONEHAM . MASSACHUSETTS 02180 TE L PHONE 439-0900 Building Department Salem, Ma. - 3 - Attn: Mr. William Munroe Re: Highland Arces Page 3. Febraury 20, 1987 In addition, we have taken field dimensions necessary for preparing 'As Built" drawings, which are presently in progress and they will be forwarded to your office when completed. If there are any questions regarding any of the above, please feel free to call this office. Sincerely, R F. DIMEO A CIATES, INC. ' �l Peter F. CiMeo Registered Architect PFD/rkk xc: Stasinos 3 o 3 PETER F. DIMEO ASSOCIATES, INC. AFiCFIITECTVFLE PLANNING 546 M A IN S T R E E T , STONE HAM , M A S S A C H U S E T T S 0 7 19 0 T E L E P H O N E 436-0900 October 15, 1986 BuIIdIno Department City of Salem 1 Salem Creen Street Salem, Ma. 01970 Attn : Mr. 'n'i I I iam Munroe RE: Hinhland Acres 394 Hinhland Avenue Salem, Ma. Gentlemen: This letter is to certify that we have inspected the footinos and foundation walls for Buildinos Number One through Nine, at the above referenced Develop- ment, and found all work to be in conformance with The Massachusetts State Building Code and drawings provided by this office. Sincerely, PET F. DIMEO ASSOCIATES , INC. 2� Peter F. C Meo Registered Architect FFD/rkk firRa — � 4 j C 124 Second Sheet CtrebW MA 02150 Ben Elfman & Son, Inc. (617)8848600'. 4-8oa225d400 The Omni®Collection 197 We wwo Avenue.Matlnrd.CT 06114 _ ,_ _.-_"• (20312473494"..1.800-0424)206 yz 3 � ky April 8, 1987 2 rte" Salem Highland Development Corp. u � ' >&OHighland Ave. 1 S�ya�l*e�m,`MA: n it May This letter will guarantee that Five Star Carpet manufactured by Criterion _ v is sold under the CMNTI private.label "Director:.II:" All:tests'that were on-Criterion's Five Star Carpet will a lysta�CMKL!sz"Director 3IdLy," Tmcg11Q3-3,,'x,�,r.49B` : '3'rn T9 r Sincerely, HEN EI MM & SCN, INC. Maxx Executive Assistant ' r P�- v �. ._ __ .. ..2 ani+'.+3f... G + - ...;T,e•^t . Y ! ' W: iti't. ! l.'T.,".. - ...... .F... .._..... Oma. Q-SLa ........ ._ J3 ._ an Ems: CZO � w New England's Largest Distributor of Carpet and Floor Covering" rtr Is nE S. CIT'( OF SALEFL -iA5 MrNL + ?. f3D. PAITi-F SIP01; - - + � I \ I I 1 .,PLrivc+p Skn, , I X4'. -- �\ _QUf� G-bfl�rAjr,p O N N April 8, 1987 y N � _ n a Highland Avenue Development Co-op N 0 394 Salem Avenue F Salem, MA. 01970 w = Attention: Michael Stasinos u a y Re: Concrete Design Strength f Highland Avenue Condominiums of Salem r 0 N Dear Sir: a f s Lynn Sand and Stone Co. confirms that all ready mixed concrete supplied for foundations and footings to the above referenced project was 3000 psi o as specified. a 0 For any further information on the above, please feel free to call. N > Very truly yours, a LYNN SAND AND STONE CO. a e a m John A. D'Antonio 6 U W Z O F N Z Q O Z Q N Z Z } J CRUSHED STONE MINERAL FILLER READY-MIXED CONCRETE MAIN OFFICE AND YAND 13 EASY ST. R{ 19 N .T. wrHIGHLANDS. N�►T INA- N[ oN MASS.MA . �I.aOW 4.8030 C O M P A N Y OF SALEM 33 MASON STREET - SALEM. MASS. - PIONEER leB00 � --C '�'_ April J Ifigh I and Ave Uevnrt Curl). , Highland Ares Realty Co. J8-i digw ! rnd Ave. Salem, ha. UIU70 Re. Highlanri Ave. .Job 391 slighland Ave. Sa1en.,?:a.0 I9'7U Dear Sir: This letter will. serve as confirmation of t::e lumber delivered by National Lmjber Cu. in conjrrnct.ion with the framing of the units on volt• job. All materials are in conformanle with the :lass. State Building Code for use in residential housing units. All material is grade marked eithur construction or- #2 and better for use as studa or (leaders or rafter framing. All plywoods are American Plywood Association Grade Stamped with exterior glue and appropriate thieknes� for, on-center sparing utilized on the job. The above materials were shipped for use wil.'1 Alpine Structlireo .:Cnc. floor and roof systems and/ur prefab- ricated roof trusses. If you have any questions, please do not hesitate to call. Very truly yort s, Elliot Waplafi Vice President - &"IAins in Atildiny materials I LIMITED WARRANTY = G. CELOTEX® ASPHALT ROOFING SHINGLES a a Warranty N2 41905 a The Celotex Corporation(Celotex), subject to the terms and conditions set forth herein,warrants that the Celotex residential asphalt - roofing shingles of the type designated below will remain free from manufacturing defects. t. o' o FIRST YEAR During the first year(12 months)of the warranty period,Celotex will repair or replace defective shingles only(exclusive of flashings, <:Z:::- metal work,or related work)up to the original price of the shingles and a reasonable labor cost to install the shingles. =� SECOND YEAR AND BALANCE OF WARRANTY PERIOD -- Duringthe second year, and for the balance of the warrant o ye y period,Celotex will pay the amounts set forth in the following warranty schedule: a WARRANTY SCHEDULE a ' G TYPE OF SHINGLE PERIOD AMOUNT REDUCTION o Dimensional III 30 Year $60.00/Sq. 1/360 Per Month c' Dimensional IV 25 Year $50.00/Sq. 1/300 Per Month Fiber Glass AsphaIV25 25 Year $35.00/Sq. 1/300 Per Month — Storm King/25 25 Year $35.00/Sq. 1/300 Per Month =` Rustic Shingles 20 Year $40.00/Sq. 1/240 Per Month = Fiber Glass Asphalt/20 20 Year $30.00/Sq. 1/240 Per Month Sol-Seal" Shingles 15 Year $30.00/Sq. 1/180 Per Month o (The Listed Products Also Include"Big D" Shingles) L o COMMENCEMENT DATE � All warranty periods commence on the date of purchase of the Celotex shingles. o a WIND DAMAGE _ Celotex warrants that its shingles will resist wind blowoff damage due to wind velocities,including gusts,up to a maximum of fifty-four (54)Mph(Beaufort Scale No.9)during the initial 5 year(60 month)period following application of the shingles. a O If such blow-off damage does occur during the referenced five-year period,Celotex will furnish replacement shingles without charge,for cz_� those shingles damaged.All other costs,including labor costs shall be paid by the owner or his insurance carrier,as applicable.Celotex a reserves the right to have loose tabs hand sealed when appropriate.. �� WARRANTY LIMITATIONS 1)This limited warranty is extended only to the first consumer owner or purchaser of the shingles, and is neither assignable nor o transferable.Any such assignment or transfer,or sale of the shingles or the building upon which they are installed.shall void this limited O warranty and shall void all warranties of merchantability and fitness for a particular purpose,whether expressed or implied. a 2)This limited warranty excludes,and Celotex shall not make payment hereunder for damage caused by consumer negligence,gale, a hurricane,tornado,improper maintenance or abuse of the shingles,impact of foreign objects,ice,lightning,earthquake,fire.explosion, ap floods,wars,insurrections,Acts of God,improper ventilation,roof traffic,damage caused by insulation,decking,or underlayment for o Jshingles,damage caused by roof or structural alteration after installation of shingles,whether by additions.changes or replacements, o, _ including but not limited to installation or repair of water towers,fan housings,air conditioning equipment or antennae. Q 3)When shingles are not installed according to installation specifications and instructions as they appearon the Celotex shingle wrapper, o or when shingles are not installed according to good roofing practices, this limited warranty shall be null and void, and all implied o warranties shall be excluded,and the consumer shall waive all claims against Celotex for any and all damages,whether direct,indirect.or �i consequential. O 0 4)If Celotex's shingles are found to be defective,Celotex shall make payment only according to the Warranty Schedule hereinabove. p 5)Additionally,this Warranty shall not cover,and Celotex shall not make payments hereunder for: O a) Variations in color of the shingles which may result from the natural positioning of the granular surfacing material. b) Damage resulting from wind velocities greater than 54 miles per hour(Beaufort Scale No.9). c) Improper storage or misuse of the shingles. p d) Damage to self-sealing shingles which do not seal as a result of their not receiving direct sunlight or exposure to adequate O temperatures for sealing.(Failure of the thermoplastic sealer strip to seal under such conditions is not a manufacturing defect). a 6)Celotex's liability is hereby limited to the provisions of this limited warranty. O G ' ANY IMPLIED WARRANTY, INCLUDING WARRANTY OF FITNESS FOR A PARTICULAR USE OR WARRANTY OF MERCHAN- TABILITY IS HEREBY LIMITED IN DURATION TO THAT CONTAINED IN THIS INSTRUMENT, UNLESS A SHORTER PERIOD IS —' PERMITTED BY LAW.CELOTEX SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE TO THE STRUCTURE C OR BUILDING UPON WHICH THE SHINGLES ARE APPLIED,ITS CONTENTS.OR OCCUPANTS. O SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. OR THE EXCLUSION OF C=> INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. => O — C O O Ilnnn 1f1i1' i Design Na L631 Unrestrained Assembly ` Finish Rating 30Min.- i He I n {, „ <: _. ... . . 1, „I syse,ms-The finish acerin SYse,m NO. I M am.M Me following sya w 1 k by 8 k by p e In Mick Interior plywrood with asterlor loo and TSG sa . _ Idp Me a k aides.Plywood ^X ..... second to(a,al eomnetalltnmiordsoe aah�Ww to mise with and mints ueggpnd/(ft. u c _ Ppllad as Y In.diameter based e Se n ere No.9d cement Coaled tlnkers.Ad- , spaced 12 In. O.C. along each 'alar,A•an ded M lolsls and grovttl edges of plywoae. - ; rlttlb• or Vermlculite A9grygau• or option,Ilphtw019M Insu sfing Contract with se,Mall ba delemined gypsum mnCmm may be Caat an the flooring.ba placed on Ila plywood pMobn pourie 1�y A thin plane dr 04 M vapor g. The a ,Y. ^` Btl Vermatarder bulin Aggregate(CJ22)eat09060,for names W Common pos nufaatunnn Aggrageb(C F7() 1+ _ 11 E �•rt "�'� �, .� `_`- LOOK FOR MARK ON PRODUCT finbh fico M.Floar Topping Mlnun'-B gaL a w wal0 80 The of Naar ro I 190 lbs.of max.CompnsMs sou,nde b ba 1000 pal min.Thickn pP nmbe,sa OypCnb Corp,.Type GC ass to M Y In..min USO Aed "I Produce,Ca.•I,F. . Vapor barrier-(Optio ddl-Commercial Asphalt s MtW fait 0.030 In.thick Ft .1 SubtlaerMp�y In.thick plyw0ad w,M eae,rior go".mho pods 0 be Chic.Mord; Inp e,PS 1-0B apaeslenoay Face tine,of pNwged to be perpendicular ce lobe,with .7 stasgeretl. . Finish flearing_plaar To SYae,m Na.3 (roles Mittura•--Foam conear boom mixed 10:1 by vuls.e with _ and amended at 100 pal through noels.Mi-at rob of 1.1 Cubic feet Of Pref ed foe.to 01 Type 1 POMand cemem and 300 Me of sand oft 5-1/2 gel of water,Cast dandy of door mixture 100 plus or minus a Pal.Min mmprt,ashro Strength 1000 MOLThieknu 1.1/2 In - Elm stiestl Caroergthm of Acari s T _. VOW Border-(Optbnahl-Compudgel M AFF, Subflaerin 0 lteaturaed fed,0.03011 Mlek g-P/v In.Fa Mick rain d cull s ri*r glue,min grade to be-SMW@M.-canfarmnF ,x z F is PS 1-09•peeNisstlme.Face grain of plywood e,be perpendicular m Iciee,wmt Alma se,ggarea 2.Obs ml Weed Member•-Man 9 In.deep T shaped wood blab with 2 by 3 Irt w S h 17 /In chorda apsoad•mea 31 In.O.0 Mln)dW b wMg on banns plana 2 In.Jolsb uue,l to boring plates with two No. 10d Mib M can rad.Cited help Ma Idlse,In aecamarm,with Me matMasturMe puMlshad inee,l may be err In Me de, ac J� Templer-Inc.-TYPe TML Irmo Inbuetlan. . x {, Vapor barrier-(Optlanedl-Commercial Asphn sabmed fed 0.030 In.Meek. 3.Furring rhn eels Formeurring sof min mob '019 In thick(2a gau"I gels nlred test Installed f• - Ki aced lolMs and 2/ In.O.C.away from and plume Chemals popmed a Iolm with ochIm O.C.from and or,meah aide at e( 1. (tem 1)at each Intenaetin wIM Mt,piety TM NI rap of funding Channels and Meth in* Mord of q M protide a 1 In.cleafarlee Oelweea Y � _n i" ownaPped a In. and tied with double coned of Ne.p/BSWOAt hgaMn irmid �adlwinnplte 13^ and of modap. 1.8 channels Ctlpa c Beirut Frnsha Membp•_One"Pp Clip n be used to support hwN ehennals et each InlenMlan with Oise. Su with ere 1'/. In.long No. 11 gouge 110.126 in diameter Meok)nail,ue to Itle o1 IoM DaMm ? - T r' a. Bate ndSB ankkeen�wM n Mic-Typek. CSC Nam In,Mlak 18 In.bog ssith cubed of batt equal a an deMst No, Ins of fuming chnilannels wood d under (mat 2/In.L Sed M e al a with l with Me la,aa oa tee the emnp Mandeb ane sneer Me bottom Mord of Me Iotas.wIM Ma side,tuned a," - Ms mPpan elipe.The buMd end lelnb M the bate are n its Cenlerod over Me futons es -:< nely Can should be taken to Insure Mat Me beth an dandy bused at all opiate USO Am arboal Produce Co. it. Wallboard.Or suarn- _ A or% in.Mick 1 k wide.Shaeb of wallboard Installed with abroad" perpendicular to funding channels and fa tense to each channel wIM 1 In looIml )I wallboard screws located% In.and a In.Item wallboard side Into and 12 In. 0 In N Y 11' field.End lainta of wallboard may be mmm w erste ring channels an required Net,Rem 3L For se, ggarnnd .At boned and pills.Mae, -'a tend a min of 9 in.beyond each end of Io1M ons,Me ad)aunt Doe a onto channels moa a '�• Canadian O - •�_.:' Ypnm Co.Ltd—T USO Amustloal Produce,Co.Ltd—Type C. ��.'. . 7. Serowe,Wallboard- I in.Icing,Type 6. . In.diem*%,.se,tddlling and ssNdepping,buw . heed steel eerewo. - �I a. flWashing Symp, - (Not shown) - Paper ups embneed In eemnd0aue mmpouM ba . Ioimo with degas of compound /setheredout and nppoee acC hang eoveroe cull es I pound.qs en altemero.nominal v. 1.Mick yener plaster may be applied to the ntln• face of gypsum wallboard. •Sawing Me UL Classification Marking - fi {ni x.D.C.Mimiwoodagmen Minate@2I deepI"iheyedwoadlaln�spaced mu 20 In. Unrestrained Assembly Rating- t Hr. 41 . O.C.Min iWbeefing on bearing o91/t In. '+ -i' Finish Rating-39 Min. y�, F JOIN,secured to bearing plate$With two No Sid nails M each end.Chapter holes may be cul T N Na web of the Joists In eccOrdartee with the manufacturer's published Installation insuuo- 44' { Track Joint C Staten-Typo TJV28.TJV38 TJV16. Aftend Head Coraws spaced •Bam24 n.Wood nAllembounic- be ri Igor shown)-Min 11 In.deep wood (. O O ea andldl h: end nein Uhe$tr ns awn mat 24 b.O.C.Min true bearing on bearing gstes to le In bolt d rI ii M be With the beau rough N unr'e Pubring CU In accordance icerwith m. ufouea nailed or bolted nbmtian inauu�all through sisal bearing CUM M aecereann with manufacturers published In. I4i r`I True Joist Corporation-Type TJL.TJM,TJH,TJ/80,TJ/80. Vi S s3.Furring Chem is .Formed of min 0.018 In.thick(28 981,201 gain steel Installed perpendicu r IN to pints.Furring channels Spaced 1% In.from and on each aide of wallboard end join .i S A.: and 24 In.OC may from and johns.Channels secured to Joists with support Clips stem 4)at rsash Joist location.At channel splices,adjacent places overlapped 8 In,and tied with double It j $trend.1f No. 18 SWC Sew steel wife of each and of overlap. 11 Support Clips-Stool Framing Members• -One support clip to be used to support furring channels at the Intersection with each JOIN.Support Nips nailed to side of joist bottom flange :with one I% In.long No. 11 gauge(0.125 In.diem shank)nail 777. F Sharp".Company-Type CSC. I, 1. Flooring Systems,The finish flooring may ensisl of any one of the following systems: ''`�9 F.Stablll,ar Strap—friar shown)—% by 8 by min 0.023 In.thick(24 gauge)gala,Neel strep System No./ used to prevent rotation of the support clips slam 4)at wallboard end Joints and along wells. Finish Flooring-4 D by 8It by•/. In.thick Interior plywood with exterior glue and TBG 44N At wallboard and joints 13 In.O.C.spacing of tuning channels),stoblilcar straps span between detail along the 8 N titles.Plywood Installed perpendicular to joists with and joints steggsgl res channels and an,screw-sttaehed to the furring channels ad am to each support clip la 4 n. Plywood secured to joists with construction adhesive and No.Off cement coated sinkbs Cation using No.8 self-tapping stool strews.On fuming channa s merest to and parallel with ' Adhealvo applied as% In.diem bead to top flange of joists and grooved edges of plywod ,walls,one and of the stabilizer strep Is Screwattaahed to the fuming channel,adjacent to each j Neils spaced 12 In. O.C. along each joist As an option,lightweight Insulating concrete oe r support clip location,using No.8 self-topping steel screws.no free and of the stabilizer strap Perllte' or Vermiculite Aggregab•or gypsum concrete may be placed on the flooring•lis cp Is behind 80 dog,bent upward.and screw-ar naltattached to the aide of the structural wood man thickness Nall be determined by job site conditions.A thin plastic or paper vapor rstrd ter member bottom flange on the side of the support clip nearest the well. or may be placed on plywood prior to pouring the concrete. 4.Darts and Blankets'— 1 In.thick,48 In.long with width of ban equal to on center spacing Sae Palace Aggregate (CFF%1 and Vermlcullte Aggregate (CJR) categories for MTa.tl A,%of structural wood members(max 24 in.j.Batts Insened between furring channels and bottom ?I flenpe of joist with long dimension perpendicular to furring channels and with butted end manufacturers. 88,,LL i. Systems No.2 ' F lAp joints cantered over furring channels. i' Flnbh-Floerin0•Floor Tapping Mixture-.$.a gel of water to 00 Ib bap of floor toppled W r(` U80 Acoutwel Products Co. tun to 1.8 cubic if of send.Thclknses to be 3/4 In minimum. r,p $ser Wallboard.Gypsaro or% In,thick.4 D wide.Shoals of wallboard installed with long dl, {i Hacker Industries Inc.—FortsTypes I and 11 .iz ;i mansion peryendlcular to furring channels and fastened to channel$with 1 In,long wallboard h - System No.3 Krerrs located'/, in.and 8 In.from wallboard aids lolnls and 12 In.O.C.In the field.At but. FinishFlooring—Floor Topping Mlxtura•-10.13 gel. of Water to 170 the. of Door toplkl Bad and joints,two furring channels are used which extend a min of 8 In.beyond each end of mixture to sea the.of$antl.Compressive strength 800 pal minimum.Thickness to be 3/4 pint II minimum.i " Canadian gypsum Ca.Ltd-Ty"C.Floor Creta Systeme,Ino:Type It A MI UBO Acoustical Pmduete Co. Bub—Floariny-4 h.by 8 K by''/. In.thick Interior lahweod with exterior glue and TOO 81(1 L Sorews,Wellb"rd— 1 In.Ions,Type S.'/. In. diem,HLL.thread,eNfarllllng and eett4sp- detell slang the 8 H.sides.Plywood Installed perpendicular to joints with and joints aleslbt/ r,Vnp bugle head steel Screws. 4 ff.Plywood secured to joists Whit construction adhesive and No. Off cement coated�d1nMlewr4L aFInIMu Ing System—INeI $hewn)—Paper ps u embedded In cemdtlous compound over A Adhesive applied as In.diem bead to top flange of Joists and grooved edges of ypInto with edge, of compound festhered4ut and extmted screw heads covered with con, l Buils spaced 12 In.O.C.along each joist pound.As an alternate,nominal l In.thick veneer plaster may be applied to the entire Nur. b.Ftooring-•/a In.thick plywood with exterior glue,min to be"standard'conforming to PS face of gypsum wallboard. - BS specifications.Fee.grain of plywood to be perpendicular to joist'with joint*stsggusd %s g the UL Classification Marking d system No.4 LL' , {t7II Flnlsh Flooring—Floor Topping Mlxturof gel.of water to SO his.of floor toppMy n01a11 to 180 lbs.of sand. Compressive strength to be 1000 pin minimum.Thickness to bin%IL f t l minimum. gyp—Cate Corpr-Tyype GC. {, USO Acoustical Produete Co.—Type F. Vapor BAmw, 4Optlaul)"-Commeralel Asphalt Saturated fail,0.03010 thick. i sub—Fkmxrwu�/. I0 thick plywood with exterior plus,minimum grade to be"standard forming to PS L8B specifications. fees grain of plywood to be perpendicular to 101,111 W Joints staggered. e < i, t t"Ig': r Il a it System No.B ' S,{.} Floor Topping Mlxtura'—Mix Sufficient amount of water to each 2 bags of Portland commit ) r M r. r t il' l 1 e8,one 38 It,beg of DG-102 ar one 28 Ib bag of FS-104,and 1050 the.of saturated sulfate i '.' ,and.Thickness Is 3/4 I0 Building paper stem 21 IN optional Mortar Builders,Inc.—Typo PC. l b r +lrif Il Subfloorin9-0/. In.thick plywood with exterior plus conforming to PS 1-0e.Face gain Ilf� particular to Joists. ll.• �r�l ' system N0 8 ') Finish Flooring-Floor Topping Mixture-Foam concentrate raised 40:1 by volume Sakti and expended at 100 psi through noule.Mix at rats of 1.4 cubic feet of preformed foam to 11 Type I Portland cement and 300 lbs of send with 5-1/2 al of water.Cul density of floort111S1 t p Y 1!. j .].lure 100 plus or minus 8 gel.Min Compressive strength 1000 pd.Thickness 1.1/2 In. 0 tq- J1J ' s 1 l Eisatball Corporation of America-Type FF. ! J l : I Vapor Better-jOpOonall armercbl aephett-otuntad tell,0.030 1st thickif -3/4 In.Ihlcr ( � 7 1Subllocrinp , with PS 1.85 specification,. Face grain of plywood to be perpendicular to joists with loftIt gored. Is I� LOOK FOR MARK ON PRODUCT Jl IV I e S �; q C.�I.TIt`li1O!)5 0 �I�� L��irGSAI,C�1 GoN (�L�I�II �i 'uf`1 7jgg 0AVG ,,s4x."O ; M�' �\S.� kR D ARRF�� F. p, Fo,'.• PETER F. DIMEO ASSOCIATES, INC. e„•`� GA�R�CHPLANNING a ARCHITECTURE PLANNNo. 1665 til i 7 MAIN ST ,MA 02180 ? STJN S . V�V MASS. Jy - ,oy�Fg1'H OF MPSSP� Ind H&IL iD -7USS Y.a19T:% � tb 12d NAILS N AIL:P - /.. i 5%4�X 14, O T tv tr cn n r..y.. � - ,,A' TYF� UNIT I6P L�.N D--- SAW CoH DON I N I U M �kE- ARCyT JFTER F. UIMEO ASSOCIATES, INC. 4RCHITECTURE \ PLANNINQ MAIN ST. STONEHAM, MA 02180 s oMa= fAt rN of �� BOARD OF APPEALS s1v e-'t" f!V LT I II ui , All _ yll RFCE:I'/EnCITY OF S?;I_E!I'4 - � ! I j I i I �'xro° T -- — amu �5NATIZ �aNF!�c r1oN -+'x.K2^ w �M It�1E �. o aech�r No. 1665 0 STONEHAM. Mass. �Jh STA 1 L, fiU� IG �\H T C�r{%Gi�1H'U, 1 G-1 P� F. ou�eo�ocw►�s. urc. 548IAAN emmm ,W 0¢180 10-3-S, I •r.ur•e• •m•■•m•■w•■•m•■•um•m•a•mu•m•um•m•m•m•m•m•tp •■•■•■•■•■•■•■•■•m•m•um•m•m•m•m•m•m•m•m•m•m•mt r•m•m•m•m•m Supreme pass ngularions in cavalier ignored when mnrketing the vi,4:161lg; r*,.,Irr:J Trade Builders Win in fashion—either to restrict loam. C'oninikswn constructionIlrll I ::,Ico ni.ing� (''1construction hill slay that In alt a recent position paper, s tiltR-slurs .d homeboo Court. `eC1S10I S =r conforms to their own personal L1RC:A reports it found serious ivalation. 'I hr lour t ." tastes or its a means of extorting thermal drilling i it`1 g gin tuuf StY1111115. llgn Vttle5-1.1 111•lu�l el,•', tiJnl.l y V here the �uvernment'. linka);c Cunrcpt requires builders money front devrlol,ers in lieu Sonic of the nNds tested at Fe Springs. ( ':1.; lau•rvy I hern,al ani -iries have already seorketd n ❑rad de%•edopers n, provide jolts. of passing taxes that the entire below R41.25, whil h is rho Sy%tetras lite.. I •raver. ( o.; and taking of all use of property, mo open space, child-care laciliries, community would have to pay. design value the American 'I hernial Sysnvts Int. and I Si. subsequent action by the and other social amenities in Sucicry of Beating:, Refrigerating; bath of Salt I at t 'ity, t tub; government can relieve it of the exchange for building permits. —I lurlou, Unger and Air Conditioning; ling;ineers were tiled 11,r selGni lo,ane :j duty to provide compensation Linkage is seen by most (ASI IRAEI lists lir ro oling insulation with R-valnes more 'S for the period during which the developers as a form of •m•som•m•m•m•m•m•m•m•m•1 insulation in its Fundmnnwf's than 10 pero-lit below the taking oras effective." governmental blackmail for I'landiNNIk. This is a significant advertised level. In :ll lour tales, Willi those words handed participation in prosperous, More Foam drop from the R-values these they had failed to :,gv their down in a majority opinion Inst booming areas. Los Angeles products pxosseswd %%hen first prtNluct futade Iroiu June 9, U.S. Chief Justice extracted a $23 million Worries manufactured• which in some polyis wyanuraie) Willmni H. Rehnquist contemporary art museum from casco were is high as O.(W. before testing!. reaffirmed, for the first time developers of that city's While sonic types of foam The group's report calls for lases like this %%ill 11,:11" since it was v:ritten, the downtown rehabilitation project. insulation products are rising in f 1 I 1. further in-place testing of these contractors mart wase of con,titution:l guarantee of San Antonin officials forced popularity in the building types of insulation and suggests m:nmlftCnrers' "lailns, or they pnq-crty rights of all Americans, builders of a Hyatt Regency Industry, (see "Foam Perms some interim measures, (lilt- of may Cause tit'-fit to avoid the as defined in the Fifth Hotel to :,flow a Mexican- Catching On." this Column, which is to assure a lower in- nt•ty insulations ahoerthrr--ju.t Amendment of the U.S. American group to buy a $1 8/87) others are causing service 1).-VALIC—tln•y suggest seloat Rut:: I IMA 1s wornod Constitution. million share in the hotel. And increased concern. 5.56. They also suggest that due about. T he historic decision preceded such cities as Hartford. Chicago, Two groups in the roofing roofing industry and the design Ilut suppose you're using; it by only a few days a second, Seattle, San Francisco, and industry are contesting the R- profession only use those product that teas our and equally historic decision, again Boston actually levy linkage fees values claimed by some products which have Ixrn tasted performs :ts t lained. hh 1nL•rs allirming those rights and stating on developers. The money manufacturers of roam roof using an acrelernred aging of foo I I%alth and hm i1,•mnvntal in clear language that no collected is used fur projects to insulation. According to the process developed by Subcommittee td the I '.S. government or government improve social and economic .Midwest Resoling Contractors RIC/1 IMA. RIO/FIMA I louse of Reprt•sentmi%vs agency can enact latus or other conditions of Ixopde dislocated, (association (MRCA) and the developed tilt' testing Ii-cause suvxv%ts there sill n1itM 1•t- a regulations that retroactively I by the development projects. Roof Insulation Committee of they were concerned that proldem. (10% used it making deprive a property owner of the The two U.S. Supreme Court the Thermal Insulation misrepresentation of insulation the loran have Deva at,u.ed of f use of his property. decisions now make linkage Manufacturers Association v;dues would n•Ilect badly on depleting the varih's pr,uctti%e If do so, they tmlsr illegal. Indeed, the decisions (RIC/TIMA) pulyisocyanurate the industry. ozone layer, thus i11tn:lsinl; Ifo" compx•nsate the property owner make illegal any and all local or and polyurethane insulations Their concern i% not ill- risk o(4 ill purer. '1 be i for the full value of his state regulations that, In effect• have a tendency to lose R-value founded. 'llhenmal insulation Fnviromnu•nul 1'n a.-,m m prop•crty, much as they %vould anuatnt to a "taking" of the niter they lenve tilt- factory. It's manufacturers are being Called to Agency I ITA 1 ba% Is en crane ,I hive to do if they expropriated owner's property without just called "thermal drift." As yet, task in regards to their R-value a seven-month extension to the property under eminent compensation. no one knows just how much claims. In a recent court decide whe.r1wr or not it shonhl 1 domain for public use. The key word in the two R-vnlue is lost• or where and settlement, liver insulation resiritt donw,ti, t F(: t The landmark decisions were decisions is "taking." Does the when the lots levels off. But manufacturers agreed to pay ;I production. ( 7 t saw 111,.1 :,•. a hailed by developers, builders, loaf or state regulation, in apparently $125,000 civil malt for g a �rentl this los is sometimes. penalty and individual property owners. effect. "take" the property from who• for once, found themselves the owner and deny him "all un the s:nmc side in court—as use" of it! If so, the regulation Is collective plaintiffs against not necessarily illeg-1, but the and thou nus in If Ical 28 stales government that passed the and thousands of local ngfomust compensate the sha4%-�:Z>aonnuuirfas, planning honnls. ownerner (orr alits (air marker vor— .. j... I And iammissiu»s concerned...,.. ._. tsar as if it had tarn __ 1 of � aleni assaL usd1s � � ; �ublit: �r1T}1Prt� �elrurtlnent '�°'���" �luilitittg �e�rttrtntent �<<...NG ti• Onr 4alrm (6rrrn 7.15-OZ 13 William H. Munroe Director of Public Property Maurice M. Martineau. Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zonine Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. RE: CONSTRUCTION CONTROL: Permit # Gentlemefosure: Construction Control Fonn Please be advised that the construction authorized under the above stated permit is subject to section 127, CONSTRUCTION CONTROL, of the . Massachusetts State Building_Code. All construction documents, including but not limited to working drawings, shop drawings and specifications shall be prepared and approved by a registered- professional architect oe engineer. These documents shall be submitted tC ttie.B'uildidg Department for permit rP 'ex Pirposes Progress-reports' shall be submitted"by- a registered professional architect or engineer to the Building Department on a by-weekly.basis. Reports shall contain all information regarding the readiness of the project to proceed and any comments pertinent to problems encountered on the site that effect compliance with any and all codes. Deviations from approved plans shall be brought to the attention of the Building Department. At the completion of the project, a report shall be prepared by the registered professional architect or engineer commenting on the readiness of the project for occupancy- and-listing any pertinent deviations from the approved building permit documents. Also, at the completion of the project, the general contractor recorded on the permit shall certify to the best of his knowledge the the work has been performed in accordance with the approved construction documents and in Ta safe and satisfactory manner in accordance ,with-ail applicable lccal, state and federal statutes and regulations:-. ._- . . .. Failure ._ Failure to produce reports shall result in a cease and desist order placed upon your project within five (5) days after an established due date has passed. Please feel free to contact this office if there are any questions. Delivered Respectfully, Received i William H. Munroe Inspector of Buildings CONSTRUCTION CONTROL rr. PROJECT .NUMBER: 4 S i'n(U S PROJECT TITLE: II11I� C PROJECT LOCATION: I"+Q' CAME OF BUILDING: �' /� NATURE OF PROJECT: I ouj lJ�t x b fe 17 S—jT=UC71 ©d IN 7ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, I, • rj ��� �Aeri O Registration No. L Co 65 BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECT HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICA- TIONS CONCERNING: ENTIRE PROJECT ARCHITECTURAL V STRUCTURAL FIRE PROTECTION ELECTRICAL MECHANICAL " OTHER (specify) FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY .KNOWLEDGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE:THAT THE WORK IS PROCEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 127.2.2: 1 . Review of shop dmengss, samles and other submittals of the catractor as regirixed by the omstructim cmtract do=mnts as sukaitted for building permit, and approval for ccnfmmrce to the des2gi ocncept. 2. Review and approval of the quality cmtrol Pra=tr s for all wde-required antrolled materials. 3. Special arrhitectzsl or egrering Prcf'emcnal inspect of critical =tructiar cmpments requiring controlled materials or crostructim specified in the accepted egUmrdng practice standards listed in Appaidix B. PURSUANT TO SECTION 127.2.3, I SHALL. SUBMIT PERIODICALLY, A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE j4A� BUILDING INSPECTOR. ')PON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL R S TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANC . , SIGNATURE SUBSCRIBED AND SWORN TO BEFORE ME THIS�DAY OF SOUTHWEST RESEARCH INSTITUTE POST OFFICE DRAWER 28510 - 6220 CULEBRA ROAD SAN ANTONIO. TEXAS 78284 15121684.5111 DEPAR7MENT OF TELEX:767357 FIRE TECHNOLOGY TWX:910871.1084 March 27, 1984 Criterion Mills, Incorporated Route 2, Highway 41 South Cartersville, Georgia 30120 Attn: Ms. Sue Stamey Re: Project No. 01-7787-158-b FINAL REPORT "Test for Critical Radiant Flux (CRF) of Flooring and Floor- covering Materials (ASTM E648)11 This letter constitutes our final report on your carpet. The results presented apply to the material tested which the Sponsor claims to be a representative sample of the material described in this report. The possibility of product variability has not been assessed. TEST OBJECTI�TE AND PROCEDURE The procedures followed in this test are those defined by the National Bureau of Standards for the Determination of Critical Radiant Flux (CRF) by means of the Flooring Radiant Panel (FRP) Method. This method measures the critical radiant flux at flameout. Suggested levels of performance are 0.45 watts per square centimeter for corridors in health care centers and 0.22 watts per square centimeter in other facilities. This test incorporates a horizontal 10 x 41-1/2-in. (25.4 x 105.4-cm) flooring sample positioned in a frame assembly and exposed to an inclined (309 13 x 19-in. (0.33 x 0.48-m) radiant panel. The radiant panel is allowed to heat up for 60 minutes at normal gas-air settings prior to conducting tests on candidate floorings. A preheat period of 2 minutes is made, after which a pilot flame is lowered, impinging onto the specimen near the closest radiant panel position. A heat flux of more than 1.0 W/cm2 is generated at the specimen surface nearest the radiant panel and less than 0.2 W/cm2 is generated at the specimen surface furthest from the gas-air fired radiant panel. An average of three runs are made and critical heat flux values are calculated using a predetermined heat flux curve. Observations such as ignition, distortion and surface behavior are made during each test. Tnn rrPmliffor Ine mlormuion of Ins Spomor.h may M--d in fu,mimY fm Inr purpo•sal xrurins product accrplaoc from duly comrirwM APm4•a1 amnoroin:no•twr.Inil upon or Inr name of Inr Inmfrmr 0.1i nm IN,mrd in,01Nn,or adr111.Jn4. I�r L "s T N SAN ANTONIO TEXAS ' J--r SA OIM n006T ON. Tf}4S. AND M'4f NIM 4 TOM. O.C. I • i Li y I ,JUN Iu t; i';'j 'j7 CITY G : :,L_,•, " .55. t + lI. i SOB STRATE "500" II PRODUCT DESCRIPTIONS Glass Mesh Mortar Units a Aggregate composition core. Portland j cement based with acrylic additives 3 bonded to fiberglass screen on top and bottom sides with one side smooth with the other side serrated to obtain add- i ational mechanical bond to the setting bed surface. Nominal thickness 7/16" Panel size 36" x 60" Moisture resistant, non deteriorating composition Compressive strength in the range of { i 4200 p, so i, tensile strength on the average of 345 P, s, i, and flexural strength ! on 21" has an average of 1439 p* s. i, Swelling _ None I I Elongation Combustion Shock Resistance - Does not shatter, crack or break on inpact, SPi.C371CATIoN R.EFEMCEs Tile Council Handbook 8; 8d i Floors: F -144-83 I Walls s w — 244-83 i d 'I E AMBIT Y r i SU=TI SW-STBATE "500" i The results of testing are as follows: j I. Sample No. Compressive Strength (PSI) 1 4380 NOTE: Tests were conducted =72N.' 2 4600 diameter cores and were. j 3680 stopped when material. Ave. _�L2.00 started flaking. II. Sample No. Tensile Strena'th (PSI) 1 332 NOTE: Tests were conducted on-128 I� 2 _. 357 bowties and were stopped when material broke. Ave. III. Sample No. Flexural Strength (PSI) (Modulus of Rupture) 1 1111 h"D' 1 Tests were conducted on:*v 2 1152 z 9" strips with a 7"'span 1206r and were stopped when mater- . .�= ial broke. 17. Sample No. Flexural Strength (PSI) (Modulus of Rupture) 1 1471 NOTE: Tests. :were conducted:.on-7" 2 1407 x_24":.'strips with a 21" span 3 _ 88 and .were stopped when mater- Ave, t c 2 ial broke. EXMIT VI 112 •1 UILDING PRODUCTS Surface Burning Characteristics Rpearoh 0""r 1650 Miliary Rad ASIX EP64Fe1a Buffalo, N.Y. 14217 (7161873.9760 DAive;eel Substrate Corp. 'ON OF NATIONAL GYPSUM COwANV TWX 710.622.1169 Pile No.: FH-782 Date: 7114/83 Project No.: H-158 By: RAC i Material Tested Samples tested as received from Universal Substrate Corp. was described as: Substrata 500 1 Method of Support j The samples were self-supporting in the test chamber. Results I , Test No. Flame Spread Smoke Developed I 1 0 0 2 0 0 Gold Bond Building Products makes no judgment of product suitability for its . . "� Intended use solely as a result of ASTM E-84 tests. - i I."rt written by: Report reviewed by: R. A. Cosot oln C. R. Mapes,/Manager Research Constr. Eng. Pine 6 Acoustical Technology RAC:jb `{ ! A IF COPIED,THIS g%PJRT SHOULD BE COPIED IN ITS ENTIRETY. \ 94;EFtM FROM THIS AEPORT SHOULD NOT BE PRINTED OR DISTRIBUTED. NO 710EC UNIVERSAL SUBSTRATE 1600 Hummel Ave. Camp Hill, PA 17011 717-737-3464 INlR��uCIN SUBSTRATE 66500" SubStrate"300" has been developed to meet the need for a strong, lightweight, highly water resistant tile base for shower and tub areas. The breakdown of gypsum boards and gypsum plasters in wet areas has been a major problem in modern building construction. Now, with 1 P 9 "SubStrato 300",the problem is solved.A lightweight,easy to install board that will not breakdown under extreme humidity conditions. Also an ideal underlayment for tile on floors and countertops in new construction and remodeling. ADVANTAGES: tub and shower single-layer board Fireproof: Will not burn, contribute fuel or smoke, Passes ASTM E-84 -sar•aro b.eW bwnl .5.We back„board Test. his nN r ' Lightweight Only 3.07#per SR A3'x 5' •. tM t oreentp eabwWe, drys or tetex portiond panel weighs only 46#. Easy for one yps t organic adhft". man to handle and install. C°"""m°""0on0`°°' dryaet or lata porttand cem4,t mortar bond cwt K•space •;. Durable: Will not be affected by ns da..«mn t.sosCe moisture. Cannot rust or rot. Strong: Has outstanding compressive 'p"dm and flexural strength. Hard and im- nenaesealant pact resistant. High shear bond �pp strength with dryset and latex Port- tuning >s • ;.•, land cement mortars. Easy to Install: May be nailed or screwed to studs. Can be cut by scoring and snapping. tub &;:+ ' '% ',- '•�::�.�•«>. esmentitlous or retntoreett plutic shower receptor SIZES: Distributed By 36" x 48" x 7/16" 36" x 60" x 7/16" 36" x 72" x 7/16" PACKAGING: 30 pcs. per skid 900 pcs. per truckload i µ•N"y�4� i (� tV of "$ttlent, Aassac4uul#s f� = Public Propertg Pepartineut 5 ltitMug Pepartntent One ,ialem (Mreen 745-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. April 15, 1987 Salem Highland Development Corp. 394 Highland Ave. Salem, Ma. 01970 William Katsapeteses Dear Bill: This letter will serve to inform you of the requirement on floor covering as per Mass. Code Section 920.7.2 as applies to your development. In that your structures are classified as B-4 the Code makes the exception in your favor. No flame test is required as per Mass. Code. 4t.c Fug nspector EJP/lyd CC: File Delivered in hand To By BUILDING DEPT TAe 0 41and Apg is 3 06 RECEIVED (gondominlifillat yalem S. DATE : September 19 , 1988 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1501 BUILDING II 15 , 3 Olde Village Drive Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above-referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM IGHLAND DE ELOP ENT CO P . BY t Thomas Katsapetses , Bu lder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741-200. (Formerly 394 Highland Avenue, Salem, MA 01970) Jap BUILDING DEPT ighland APR 26 3 06 PM '89 Cond0111111111111 nt jalon RECEIVED DATE : October 17 , 1988 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem , MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1806 BUILDING # 18 24 Lions Lane Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above—referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEMIGHLAND D VELOP RENT C RP . B Y : / �Qt. Thomas Katsapetses , B ilder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741.2003 (Formerly 394 Highland Avenue, Salem, MA 01970) he BUILDING DEPT ighland APR 26 3 DS Pf, '89 R:CcIlcD Condominium at e'n/emi DATE : December 20 , 1988 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem , MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1506 BUILDING 11 15 13 Olde Village Drive Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above-referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM rIGHLAND D VEL! TIENT C P . BY : Thomas Katsapet es , Bu lder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) %iog&aid BUILDING DEPT pee ZS 3 05 PH '89 Condominium (it ytil n P,Gc�ivl o DATE : January 25 , 1989 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem , MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1606 BUILDING 11 16 25 Olde Village Drive Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above-referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem . Sincerely , SALEM rGHLAND DVELD ENT CO p . BY A • Thoma Katsape es , BLP lder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741-2003 (Formerly 394 Highland Avenue, Salem, MA 01970) I he dIJILDi"IG 'DEPT jrlgkland AfR 26 3 ,s cO1111'01111111111/l nt clyrrlr'ul CITY OF SALtr , DATE : March 24 , 1989 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem , MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1801 BUILDING if 18 14 Lions Lane Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above—referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem . Sincerely , SALEMGHLAND EVELO MENT CORP . BY : itca Thomas Katsape ses , juilder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741-1003 (formerl) 394 Highland Avenue, Salem, A1A 019701 /lG gUtLDINL• i✓EPT igliland �N (gondO111111111111 at ya itUe R DATE : April 4 , 1989 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem, MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1901 BUILDING # 19 - 36 Lions Lane Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above-referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the City of Salem. Sincerely , SALEM IGHLANDEV ^ OPMENT, CORP . BY : Tho as Katsa etses Builder License No . 865 One Olde Village Drive, Salem, MA 01970 Phone (508) 741.2003 (Formerly 394 Highland Avenue, Salem, AIA 01970) M1 hc' Yig Id n, �Pft LS 3 OS P CjondOminium at cyaleni A� CItY OF SAI _F", DATE : April 4 , 1989 Steve Santry Assistant Building Inspector Public Property Department One Salem Green Salem , MA 01970 RE : THE HIGHLAND CONDOMINIUM AT SALEM UNITS NUMBERED 1504 BUILDING 4 15 - 9 Olde Village Drive Dear Mr . Santry : This letter is to inform you that we have made our final inspection of the above-referenced units at the above referenced condominium development . We find that the units have been constructed substantially in accordance with the plans and specifications provided by the Commonwealth of Massachusetts and the requirements of the - - City of Salem . Sincerely , SALEt HHIGHLAND EVE PMENT CORP . BY : r I � {` Thomas Katsapetses jBuiider License No . 865 One Olde Village Drive, Salem. MA 01970 Phone (508) 741-2003 (Formerly 394 Highland Avenue, Salem, AfA 07970) ° Cftp of harem, Aagncbugettg Public Propertp department �3ui[bing Department One sbalem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 4 , 1988 Michael E. O'Brien City solicitor 93 Washington Street Salem, MA. 01970 RE: Stasinos project Dear Mr. O'Brien, On August 3, 1988 I received the drawings and application for a building permit from Mr. Stasinos that pertain to his commercial project located at 400 Highland Avenue. After reading your letter to Mr. Fleming, I would like to know if all the conditions of the settlement must be in place before I can issue a building permit , in particular numbers one thru five on page two of your July 18, 1988 letter to Mr. Fleming. _ I hope to review the drawings and issue the building permit around the end of next week, August 12, 1988. Please advise me if there are any objections to issuing this permit . Sincerely, Stephen W. Santry l Assistant Building Inspector SWS/eaf MICHAEL E. O'BRIEN ATTORNEY AND COUNSELLOR AT LAW TELEPHONE 744.3363 81 WASHINGTON STREET AREA CODE 808 SALEM. MASSACHUSETTS 01970 August 5, 1988 Stephen W. Santry Assistant Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: Stasinos Project Dear Mr. Santry: With reference to your letter of August 4 , 1988 , please be advised the conditions you referred to have been complied with. Accordingly, this office has no objections to the issuance of the permit in question. V truly yours ,lichael E. O'Brien— City Solicitor MEO/jp r: O 7 N cn � _ �,uaiutl4 KEVIN T. DALY '� .r LEONARD F. FEMINO ASSISTANT CITY SOLICITOR Tr4 fR? ASSISTANT CITY SOLICITOR Um� 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET MICHAEL E. O'B RIEN ONE SCHOOL STREET SALEM. MA 01970 BEVERLY, MA 01815 745-4311 CITY SOLICITOR AND745-4311 745-0500 93 WASHINGTON STREET 921-1990 PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO SI WASHINGTON STREET July 19 , 1988 James M. Fleming, Chairman Board of Appeal City of Salem One Salem Green Salem, Massachusetts 01970 Re: Kardaris, et al v Hacker, et al Essex County Superior Court #85-258 Dear Mr. Fleming: Enclosed please find copy of a Judgment in the above matter which is self-explanatory. On January 9 , 1985 the Board of Appeals granted a special permit and variance to Henry LaBrecque to divide a nonconforming lot located at 16 Ord Street into two nonconforming lots . The enclosed Judgment annulled that decision and your records should so reflect the same. Very -tmuly yours , _ l .� 1 c' hael E. O'Brien City Solicitor MEO/jp Enclosure 'd COMMONWEALTH OF MASSACHUSETTS Department Of The Trial Court Essex, sae Superior Court Opp . No. 85-258 . OOQ� O��a1 Daniel T. Kardaris, at al 29 vs. r_rI 4 m r+rn !� 3� rr1 James Hacker, at al XCA G' SUMMARY JUDGMENT (MASS. R: CIV. Pe. 5b) This action came to be heard before the Court, Brady, J: pre- siding, upon the motion of the plaintiffs Daniel T. Kardaria, Susan Me Kardaris, Maureen Te Kiley, James He Kiley and Mary E. Budka for summary judgment pursuant to Mass, R. Civ, Pe 5b, the partiesxheving been heard, the Court finds that there is no genuine issue as-to ' material fact, and that the plaintiffs are entitled to a judgment as a matter of lax, It is hereby Ordered that; + the decision ofthe Board of Appeals of Salem granting of. a.: Variance and Special Permit for property located at 16 Ord Street- Salem, Massachusetts is annulled, Judgment for the plaintiffs; The Clerk-Magistrate of the Court is directed to mail an attested copy of this judgment within thirty days from the date hereof, to the aity Clerk, Building Inspeotor, and Board of Appeala, respectively of- the fthe City of Salem. Date; Tune lo, 1988. Assistant Clerk ;,F y THE THOMPSON & LICHTNER COMPANY, INC. PRaECT NO. Consulting Engineers Engineering and Testing Laboratories REPORT No. 111 First.Street Cambridge, Massachusetts 02141 (617)492-2111 SHEET NO. REPORT OF INSPECTION AND TESTING OF SOILS d O (/ 1 y e('� FOR ,S VL- ; r THE THOMPSON & LICHTNER COMPANY, INC. i, PROJECTNO. v0 Consulting Engineers Engineering and Testing Laboratories F gEPORiNO. 111 First Street Cambridge, Massachusetts 02141 (617)492.2111 SHEET NO. REPORT OF INSPECTION AND TESTING OFSOILS FOR Sd 7 if?.4 G fJ�. �'o t�D o ><i d-v . S,4/,-,v �PfRO JECT //i f/j /�y Ll ��A Z.q THE FOLLOWING SOIL COMPACTION TESTS WERE MADE ON THIS DATE: TEST NUMBER r LOCATION (/Nr't g1 � fil2)-�V1e SOIL CONSTANTS ' OPTIMUM MOISTURE.,% MAXIMUM DENSITY PCF a 91 COMPACTION REQUIRED, FIELD TESTS _ ACTUAL DENSITY EDS PCF .• .. S', :L ACTUAL DRY DENSITY PCF; 2 G .< MOISTURE. % COMPACTION % 97 2eV, m GRADATION. % PASSING o 3' 0 2 n 11/2 y CID ,(` I(2 3(B N4 ... . .. 10 20 40 60 100 200 REMARKS WEATHER: TEMPERATURE . INSPECTION AM - - -NOON PM START FINISH TIME 11 O V THE TypMPSON & LICHTNER COMPANY, INC. 1 II i3c8 " -G•• S! f ,y TS "yy zs - 3` ;�, S1S!1i-r'''K'kt�f s a t^L U.S-AW 0 WAS, :41 •a as • ave 11 1� r, • j� 1 .�.. a�r 9a;�ae a ®isle` 'n key' t•l �t�,l�� T'y:, f r- ,:. ? y��{,s.��c.a#� -. * tp, iii:��_���```yyy��� J �i � t'R�i�1 ...1 d '��R1L[3I/��1�:Y 5�1� � a�� ft � P 's •� 4 ', ka ° Ell - 1 71 Y: m7l SO E..at, :.wll'®i!�YOLi'1"a "'!=' N a{ 091 . fill mif7Z .`. 1 f.r',: ^gyp tYl 9 r r few � ,. � .'� �) f '^S •�rr {t .•,i't A,� .s! i1 � h�{>"t d ! .. .:. y t�, _ 9 tl r�• 17\6 "a '=-a 7 ',.r - �' �'` it B v�" 4. � `s ,yw�. ..cx:,. t - y 7 Y 4M ® � ® ha;..e � 3*�ti�,+x� -'4`'j "fi e+•e�." - 43'1 h5 :IFS k.Y"3f Y'Y,y"SM.� �! ..'r_$ nY r' e Ob �"`iw L y R � ITY OF SA EG7; G4ASSAC HUSETTS n »� , PLANNING DEPARTMI 1 G PA 0 KAVAI AUGH CITY PLANNER �'t ,.-, i a • RF fi " " TY : TO Al ` e° o o „s ,�( ,o ma res d nt a ng;�un ts� LL 10 s et~ ammet a, - { FROM AS em lan ng partment�Bts d g D p rtment..: �; RE: em A e i ants bstruc _,:ymenr n _, �� �_ ,f e•$1 ` The Salei' I I ci •recent " =passeancewhichY z raq e111 units Or--1 0 S � a.t A co> r - Etp percentages of3°� lmand Salem area'emp3oyeesthei c nstznction a ;fi..: ' r .. - n aims work a r-. The purpose o r. a ord aanee.ista ens ie c at 5 em a em rea reeidentscere t `bene ow_ n c uec "yo vmcn =:o t m; )recons c w D 'partmen c e ai 5 reme ane pp stb—j-r rr a ene�op - e sure co ne - Y ordinanoe Salem ann n sX "ert f uesz d _y XCtrU er em � 'e ."and,mah- ours - d � pes: fed:tbeh$se" names : -addresses, and grind a s o contract' r a ab a rs"�'beingvh�r Upon initadan>;o canstr etion a evelopersha'll 'su a t weekly workforce: re o t3dg�e llow n a. names,,of;employees, _� 4 b rCs�dential }address of each en_i loyee, `� y e craf t2-0f each employee;" d4 eJo ��?[8Y�ofeaeh_emploee : e: 'hours worked of each empkoyee; f$ hourl ..wage o£ ' h ertipioyee nd eac p`any=whi, h.eacb cm3 oyee_Ls;empl3ye�by�;�:_-� • ; "' -.: : • . 3D . Y.e..el .. T L'%� • MM .L3/Li4a 151 k ^ - - . 11 • , ( � . , . . clT ( , / ISI ` ` ' 1(: ..��. ' L% •r .-l��Tn '�+.. ...+......� -_-= �1 i!�aillilta lcn7rtmsttt :_ (our �alrm (6rren 7.15.0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zonirg Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. March 5, 1987 Peter F. Dimeo Associated, Inc. Architecture & Planning - 546 Main Street Stoneham, Ma. 02180 RE: Highland Acres 394 Highland Ave. Daar Sir: This letter will serve to acknowledge your report of the above project and to address points we feel need further review. I 1. on prior inspection by our department we found that no fire walls separation was in place between chimney pipes within the cannon = chimney boxes on building nl and ;2. Has this problem been corrected? To date we have not received an updated drawing. This separation is needed on all buildings. 2. on prior inspection by our department we found that the �lP manufactures installation guide for ASI beams submitted to this office is not being used in construction. This fact was brought out and discussed both with yourself and the manufactures representive Mr. Mabie at an earlier meeting. To date we have no input as to the manner in which these beams are being assembled and their integrity. Revised drawings and engineered specs should be provided to us. 3. We have sane concern as to the headers at the end walls over the arched windows on your type "A" buildings. In that this header carries a large lam beam and the entire roof fram, we were unable to determine their bearing to foundation or transfer of load. Sane header description as found on sight (2x6 solid blocked, 2x10 hollow center) . Which is appropriate and have the needed correction been made on all buildings of this design? 4. On inspection it was found that the straps which are required as support to the zero clearance fireplace chimneys where improperly nailed and or not nailed tightly. Have these straps been checked prior to covering up. The report received does give us a mines eye picture of the current status but neglects to give grade and type of material used. This Should you require our assistance on any of the above feel free to Cc':•tact us. Respectfully, f ga J. a in Ass 1 g Ins ctor ETP/lyd C.C. City Clerk L. Mroz Councillor Planning Fire File tip IItti�m, � � �I�uEf Vublic 11ru}�eriue}rttrttnellt .a ��Lti[littg �r�ttrtment Mnr ;�ia(rm (Firren 7.15-0213 \William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. RE: CONSTRUCTION CONTROL: Permit Enclosure: Constriction Control Fonn _ Gentlemen: Please be advised that the construction authorized under the above stated permit is subject to section 127, CONSTRUCTION CONTROL, of the Massachusetts State Building Code. All construction documents, including but not limited to working drawings, shop drawings and specifications shall be prepared and approved by a registered professional architect or engineer. These documents shall be submitted to the--Building Department for permit, s_ev_iew_-pur_poses Progress reports shall be submitted by a registered 'professional architect or engineer to the Building Department on a by-weekly basis. Reports shall contain all information regarding the readiness of the project to proceed and any comments pertinent to problems encountered on the site that effect compliance with any and .all codes. Deviations from approved plans shall be brought to the attention of the Building Department. At the completion of the project, a report shall be prepared by the registered professional architect or engineer commenting on the readiness of the project for occupancy and listing any pertinent deviations from the approved building permit documents. Also, at the completion of the project, the general contractor recorded on the permit shall certify to the best of his knowledge the the work has been performed in accordance with the approved construction documents and in a safe and satisfactory manner in accordance with all applicable local, state and federal statutes and regulations. Failure to produce reports shall result in a cease and desist order placed upon, your project within five (5) days after an established due date has passed. Please feel free to contact this office if there are any questions. Delivered Respectfully, Received C . 5 i William H. Munroe Inspector of Buildings CONSTRUCTION CONTROL / ;OJECT .NUMBER: F30JECT TITLE: ID OJECT LOCATION: NAME OF BUILDING: NATURE OF PROJECT: IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 1� ` [ 6 6 s' Registration No. BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECT HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICA- =ONS CONCERNING: ENTIRE PROJECT { ARCHITECTURAL V STRUCTURAL FIRE PROTECTION ELECTRICAL MECHANICAL OTHER (specify) , OR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS AND CRDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE ?RESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING FERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 127.2.2: 1 . Review of shop drawings, samples and other submittaLs of the contractor as required by the construction ocntract dccuEnts as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Special architectural or al ineering professional inspection of critical construction campments requiring controlled materials or crostrvction specified in the accepted ejgineering practice standards Listed in Appexlx B. PURSUANT TO SECTION 127.2.3, I SHALL SUBMIT PERIODICALLY, A PROGRESS REPORT TOGETHER ',ITH PERTINENT COMMENTS TO THE � BUILDING INSPECTOR. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL R S TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANC . SIGNATURE . v �y SUBSCRIBED AND SWORN TO BEFORE ME THIS,�DAY OF1R "C--j