44 STATION ROAD - BUILDING INSPECTION 44 STATION ROAD 1
,SI
01
1lleCd(K
IN
UPC 70330
NO.153L
NASMIGS, MN
Citp of 6atem, fftmwbutettt
Public Propertp 33epartment
�3uilbing ]Department
One 6alem Oreen
(978) 745-9595 ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
October 16, 2001
Beth Yanofsky
44 Station Road
Salem, Ma. 01970
RE: Unsafe conditions at the rear ledge for
44 Station Road
Dear Ms. Yanofsky:
I have inspected the above mentioned property and reviewed the engineers report by
Stephens Associates dated July 13, 2001 and concur with his report that states the
contractor left a dangerous and unsafe condition.
It is my recommendation that the contractor make the repairs specified as soon as
possible.
*Sincerelt
Building Commissioner
b
780 CMR: STATE BOARD OF BURRING REGULATIONS AND STANDARDS '
ADMINISTRATION
780 CMR 120.0 CERTIFICATE OF 1205 Posting structures:
OCCUPANCY 1205.1 Posted on and occupancy: A suitably
120.1 General: New buildings and structures:A designed placard approved by the building official
building or structure hereafter shall not be used or shall be posted by the owner on all Moors of every
occupied in whole or in part until the certificate of building and structure and part thereof designed
use and occupancy shall have been issued by the for high hazard,storage, mercantile, factory and
building commissioner or inspector of buildings or, industrial or business use(use groups K S,M,F
when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard
shall not be issued until all the work has been shall be securely fisterud to the building or
completed in accordance with the provisions of the structrure in a readily visible place, stating the
approved permits and of the applicable codes for use group,the fire grading,the live load and the
which a permit is required, except as provided in occupancy load.
780 CMR 1203. 1205.2 Posted occupancy load: A suitably
120.2 Buildings or structures hereafter altered: designed placard approved by the building official
A building or sbucnve,in whole or in part,altered shall be posted by the owner in every room where
to change from one use grarp to another, to a practicable of every building and structure and
different use within the same use group, the fire part thereof designed for use as a place of public
grading the maximum live load capacity, the assembly or as an institutional building for
occupamy load capacity, shall not be occupied or harboring people for penal, 0MCChonal,.
used until the certificate shall have been issued educational,Q10dical or other care or treatment,or
wtifying that the work has been completed in as residential buildings used fin•hotels, lodging
accordance with the provisions of theapproved houses, boarding houses' dormitory buildings,
permits and of the applicable Codes for which a multiple fiuonTy dwellings (use groups A I R-1
permit is required Any use or occupancy. which and R-2). Said placard shell designate the
was not discontinued during the work of alteratioq nentin"°°occupancy load.
shall be discontinued within 30 days after the 120—'U Replacement of posted signs: AR
completion of the alteration unless the required posting 4rus shall be furnished by the owner and
certificate is issued shall be of permanent design; they shall nes be
removed or defaced, and if lost, removed or
1203 Temporary occupancy:Upon the request of defaced,shall be immediately replaced:
the holder of a permit, a temporary certificate of
occupmry may be issued before the completion of 120-SA Periodic inspection for posting: The
the enure work covered by the permit,provided that budding official may periodically inspect all.
such portion or portions shall be occupied aft odsting holdings and structures except one and
prior to Mull completion of the buik big or soruswe two fissindly dwellings for Compliance with
without endangering life or public welfise. Any 780 CMR in respect to posting or he may accept
ompm cy permitted to continue during the work the report of such inspections Mom a qua8fied
BW be discontinued within 30 days after registered engineer or architect or others certified
completion of the work unless a catifiate of by the BBRS; and such inspections and reports
occupancy is issued by the building official. shall specify any violation of the requirements of
780 CMR in respect to the posting of Moor load,
120A Contents of certificate:When a building or fire gam&occupancy bad and use group of the
nvcmre is mudded theretothe budding official building or structure.
shell issue a crrificate of occupancy within tin days CMR�� UNSAiE SIRiJ('IUltFS
after written application, Upon completion of the 780
final hnspection in accordance with 780 CMR 115.5 121.1 General: The provisions of 780 CMR 121.0
and correction of the violations and disaepanciet, arc established by M.G.L.a 143, §§6,7,8,9 and
and compliance with 780 CMR 903A,the certificate 10.
of occupmnty shall be issued The certificate of
occupomy shall specify the following. 121.2 Inspection: The budding official
1. The edition of the code under which the immediately upon being infomted by,,report or
Permit was issued otherwise that a building of other sbucnve or
2. The use group and occupancy,in accordance anydimg attached thereto or connected therewith is
with the provisions of 780 CMR 3: dangerous to 8&or limb or that any building in that
3. The type of construction as defined in city or town is unused, uninhabited or abandoned,
780 CMR 6, and open to the weather,dual iaspax the same;and
4. The occupant load per floor. he shall forthwith in writing notify the owner to
5. Any special stipulations and conditions of the remove it or make it safe if it appears to him to be
building permiL dangerous, or to make it seam if it is unused,
uninhabited or abandoned and open to the weather,
2/7/97 (Effective 2!28/97) 790 CMR-SbA Edition 27
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
If it appears that such building or structure would be for this purpose may close a public highway. In the
especially unsafe in case of fire,it shall be deemed case of such demolition, the said building official
dangerous within the meaning hereof, and the shall cause such lot to be leveled to conform with
building official may affix in a conspicuous place adjacent grades by a inorganic fill. The costs and
upon its exterior walls a notice of its dangerous charges incurred shall constitute a lien upon the land
condition, which shall not be removed or defaced upon which the structure is located, and shall be
without authority from hium enforced in an action of contract; and such owner
shall,forevery days continuance of such refusal or
1213 Removal or making structure safe: Any neglect atter being so notified,be punished by a fine
person so notified shall be allowed until 12:00 noon in accordance with 790 CMR 118.4. The provisions
of the day following the service of the notice in of M.G.L.c. 139,§3A,paragraph two,relative to
which to begin to remove such building or structure liens for such debt and the collection of claims for
or make it safe,or to make it secure, and he shall such debt shall apply to any debt relaxed to in this
employ sufficient labor speedily to make it safe or section,except tbatthesaidbuildingofFicialshag.ad
remove it or to make it secure; but if the public hereunder in place of the mayor or board of
safety so requires and if the mayor or selectmen so selectmen. During the time such order is in effect,it
order,the building official may immediately enter shall be unlawful to use or occupy such structure or
upon the premises with the necessary workmen and any portion thereof for any purpose.
assistants and cause such unsafe structure cube made
safe or demolished without delay and a proper fence 121.6 Remedy of person ordered to remove a
put up for the protection of passersby,or to be made dangerous structure or matte It safe:
secure. Notwithstanding the provisions of 790 CMR 122,an
owner,aggrieved by such order may have the remedy
121A Failure to remove or make structure ante, prescribed by MGL c. 139,§'2:provided that any
survey board,survey report If an owner of such provision of M.GL c. 139, § 2 shall not be
unsafe structure refuses or neglects to comply with construed so as to hinder, delay or prevent the
the requirements of such notice within the specified building official from acting and proceeding i
time limit, and such structure is not made safe or 780 CMR 121; and provided, further, that this
taken down as ordered therein a carefulsurvey of section shall not prevent the city or town from
the premises shallbe made by a board consisting;in recovering the forfeiture provided in said 780 CMR
a city, of a city engineer, the head of the fire 1215 from the date of the service of the original
departmea4 as such term is defined in M.G.L notice,unless the orderis annulled by the jury.
a 148, § 1, and one disinterested person to be
appointed by the building official;and,in a town of 780 CMR 12L7 Standards for ranking ball bW
a surveyor,the head of the fire department and one safe or secure Any owner of a building who has
disinterested person to be appointed by the building been notified that saidbuilding shall be made safe or
official. In the absence of any of the above officers secure under 780 CMR 121.2, or any building
or individuals, the mayor or selectmen shall official acting umdertheauthority of790CMR 121.3
designate one or more officers or other suitable or 1215 upon refusal or neglect of said owner to
persons in place of the officers so named as comply with such notice.shall:
members of said board. A written report of such 1. Remove all hazardous materials,as defined in
survey shall be made,and a copy thereof served on M.G.L.c.21&11.from the building until such
such owner. time as the building is secured or reoccupied
unless storage is lawfully permitted sod the
1215 Removal of dangerous or abandoned building is equipped with an automatic sprinkle
structures: If such survey report as outlined in system which is maintained and fully fractional.
780 CMR 121.4 declares such structure to be 2. Remove all combustible materials unless the
dangerous or to be unused, uninhabited or building is equipped with an automatic sprinkler
abandoned, and open to the weather, and if the system which is maintained and fully ftunctional. .
owner continues such refusal or neglect,the building Combustible materials shall include any fixture
official shall cause it to be made safe or taken down not permanently attached.
or to be made secure; and, if the public safety so 3. Remove all materials determined by the head
requites,said building official may at once enter the of the fire department or local building inspector
structure,the land on which it stands or the abutting to be hazardous in case of fir
land or buildings, with such assistance as he may 4. Secure all floors accessible from grade
require,and secure the same;and may remove and utilizing one of the following methods so long as
evict, under the pettment provisions of M.G.I.. such method is approved by the bead of the fie
c.239,or otherwise,any tenant or occupant thereof; department and local building inspector in
and may erect such protection for the public by writing:
proper fere or otherwise as may be necessary.and
EMERGENCY 28 (Effective 12/12100) 1/5101
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
1824.7 Installation:The rock socket and pile shall overturning, sliding, excessive foumdatimu pressure
be thorougldy leaned of all foreign materials before and water upla Rda®ng.walls shall be designed
Mhq8 with cement grout and concrete. Sten cora to must seismic bads in accordance with 780 CMR
shall be bedded in cement groan at the bane of the 1612.4.9.
rock sodmL
18218 S nter1825.3 Hydrostatic pressure: Unless drainage is
Spacing: The cam-w-centa FuMed,the hydrostatic head of the water pressure
spacing shell be not less than 2%time the outside shall be assumed to be equal to the bright of the
diameter ofthe sted she1L VOL
790 CMR ISM REiAINIDuTG WAILS IM4 Coping:All masonry retaining wags, other
1825.1 Gawa`L:Walls built.to retain or support the than reinibrad concrete walls, shell be protected
lateral Pressure of earth or water or otter with ao APPI ed oophi&
superimposed loads shall be designed and
constructed of approved masonry, remforced 1825.5 Guam: Where retaining waft with
concrete, steel $beet pilmg or other approved dufferences in grade level on either side of the wall
materials within the allowable stresses specified in m exons of four feet(12 m)are located closer than
780 CMR 2311.7. two fat (0.6 m)to a walk, path, parlmug Lot or
driveway on the high aide,such raairdog walls shat
1825.2 Design:Rdah*walls shall be designed to be Provided with guards that are constructed in
esus the pressure of the retained material,including axordaoee with 780 CMR 1021.0 Mother approved
both dead and live roam surcharge to which such protective IDeisuroL
walls are anbjected, and to iosmr stabrTity againat
334 790 CMR-Siunh Edition Comcted-9/19/97(Effective 7l2s/97)
�IIW0110115 Pbsoceates
rd7 Criruy Anod
,Oil Trnt��6u M1141876
94'4CRPdi +7(978�98ad115
.Geotedmiral Fes+I [971)%Wii7
July 13,2001
Beth Yanofsky
4.1 Station Road
Swlem,MA 01970
R;:. Report of Geotechnical Evaluation
Existing Bedrock,Face
44 Station Road)
Salem,Massachusetts
Project No.015-01-001
Doar Ms.Yanofsky: r
Sc:phens Associates, Consulting Engineers (SA) has prepared this Report in general accordance with our
Proposal dated April 19, 2001 and your email message to Mr.Robert S. Stephens,dated July 11,2001.
B,sed on observations made during our initial Site visit, SA advised the owner of the Property, Ms.Yanofsky
((Owner)that cobbles and boulders may continue to dislodge and fall,and that these falling rock fragments could
potentially cause serious injury. We advised the Owner to stay out of, and keep others out of, die rock fall area
b< tween the house/driveway and the tock face. 'Ile Owner retained SA to further evaluate the rock face and
drsign mitigating measures to reduce short-term and longer-term threats cited below, as described in our April
1!a,2001 Proposal.
P.:; described below, in its current slate, the rock face is unsafe based on the eminent danger caused by loose,
falling rock. In our judgment, the instability of the rock face has a significant potential of causing severe injury
or property damage. For the immcdiate and foreseeable future,until repairs are made to the rock face,the area
M.the base of the rock face, between the house/driveway and the rock face, should be kept completely clear of
human life and valuable property. Over the longer term, the house itself may be in danger. Wewill evaluate,
arid recommend provisions for mirigating, longer-term danger in Phase 2 of our Scope of Work.
T-Is Report contains our geotechnical evaluation for the bedrock face, and recommendations for shorEterm
ropairs to address the short-term potential for rock fall. The Repert describes our preliminary evaluation of
longer-term potential for rock slabs and/or blocks sliding or toppling from the rock face, and further
re*mmends additional evaluation of the longer-term potential following imptementapon of short-tam mitigation
ni casures. Implementation of recommendations contained herein, is necessary to the successful completion of
this Projecr. Performance of any part of our Scope of Work and/or the recommendations and designs without the
el:lrer parts couldjecpardize the success of the Project,and result in a continued or exacerbated unsafe condition.
Report of Geotechnical Evaluation Project No. 018-01-001
E,fisting Bedrock Face July 13,2001
44-S tation Road, Salem,Massachusetts Paee 2 of 7
&ckground
The Site is shown on Figure 1 - Site Location Map. Our understanding of the Project formed the basis for this
Rr.:port. Our understanding of the Project is based on the following:
1. Our telephone discussions with Ms.Beth Yanofsky(Owner)on April 6 and 19 and July 11,2001; and
2. Our discussions with the Owner during our Site visit on April 7,2001.
A'c understand the Owner has observed rock fragments falling from the rock fair behind the house. According
to the Owner, broken pieces of bedrock (rock fragments)dislodge from the rock face on a daily basis and fall
freim the rock face,collecting at the base. The incidence of rock fall increases in frequency in wet weather and
du::ing periods of ground saturation (e.g., spring thaw, seasonal and nonseasonal rains, etc.). The fragments
hg,ve typically ranged in size from gravel to cobbles(about 1/4 inch to 12 inches). During recent local flmding
(fir:March of this year),however, the Owner observed two large fragments (greater than 12 inches in maximum
dimension, i.e., boulders) near the base of the rock face at the top of the driveway retaining wall, which had
apparently dislodged from the upper reaches of the rock face.
The purpose of our work, as described herein,was to evaluate the rock slope and provide recommendations for
sh art-term mitigation of falling rock.
Sc ape of Work
O.:r authorized Scope of Work provides for evaluation of short-term and long-term mitigation in different
physes. This phase or work covered evaluation and recommendations for mitigation short-tenon rock fall
po:ential. We anticipate that data and observations from the short4am phase;as described in this Report,will
be! pertinent to longer-term mitigation as well, Our Scope of Work was described as Phase 1 — Short-term
Mitigation in our Proposal dated April 19, 2001 and modified in your recent email to us requesting that the
report contain only our evaluation and recommendations,exclusive of preparation of design documents.
O::r work associated with this Report has focused on two issues:
L Evaluation of the designed and constructed rock face configuration, in as much as they may relate to its
currant unsafe condition.
2. Recommendations for mitigation of the Short-term potential rock falls.
3. Preliminary evaluation of longer-term potential for sliding or toppling of much larger rock slabs or blocks.
ID a cnmeut'Review
Set. search for and reviewed doctunents for information relevant to the Project. Those documents, described
below,are appended to this Report-
01 April 17,2001,the Owner sent a Plot Plan to SA by telephone facsimile. That document,titled Mortgage
Loan Inspection Plan, 44 Station Road, Salem,MA dated March 21,2000,by Otte At Dwyer.Inc., referenced
mo additional documents stored at the Essex Canty Registry of Deeds(ROD):
56eplrecs Associaties
r;�xmame��.a�a
Structural
fiwledinlwl
Ra:port of Geotechnical Evaluation Project No. 018-01-001
Existing Bedrock Face July 13,2001
Station Road Salem,Massachusetts Pante 3 of 7
1. Deed Book 15742;Pages 278;and'
2. Plan: Pl.Book 318;Plan 81.
5,,;visited the ROD and the City of Salem(City)Building and Engineering Departments on Monday,April 30,
2fiD1 to obtain copies of the referenced documents,and other documents relevant to the design and construction
w the Subject Property, especially as such documents relate to the rock 'face. Our visit to the ROD was
successful in finding both Items 1 and 2. Item 1 is a Quitclaim Deed of John Nichols and Virginia Nichols of
P;:dm Beach Florida granting property to Christopher J. Robert and Jane A. Shiau. Item 2 is part of a set of
plans titled,the Definitive Subdivision Plan, Station Road Extension, Salem,Massachusetts, sheets l through 5
OF5, dated March 1.1, 1996(Definitive Plans, item 2). The Definitive Plans were prepared by/for the Owner,
DZB'we Salem Realty Trust, and stamped and signed by a Registered Surveyor and/or Engineer. SA obtained
sone other Documents as well,related to the Deed:
3• Deed Book 15406; Pages 63 and 64-Deed of Vinceni DiBiase,Inc.granting property to John Nichols and
Virginia Nichols of Palm Beach Florida;
4, Deed Book 15742; Pages 278 — Quitclaim Deed of John Nichols and Virginia Nichols of Palm Beach
Florida granting property to Christopher J.Robert and Jane A.Shisu,and related documents.
5. Deed Book 16263;. Page 531 - Quitclaim Deed of Christopher J. Robert and Jane A. Shiau, granting
property to Beth Yanofsky.
S.dL visited the City Building Department on April 30, 2001 to obtain copies of the Building and Occupancy
Pa!rmits. Documents related to civil engineering and development of the property were not present in the file.
Architectural drawings were present,as well.as other relevant documents, including the following.
6. Certificate of Occupancy;
7. Application for Permit to Build Addition, Make Alterations or New Construction;
8, Routing Slip;
9. Fire Department Certificate of Approval for a Building Permit;and
11.). Proposed Plot Plan prepared by Parsons and FAJA,Inc.
We next visited the City Engineer's Office seeking information related to the construction on the property. Mr.
Jere Nerden at the City Engineer's Office informed us that, because the property was part of a development,the
Planning Beard might keep a file. Mr.Nerden offered to have someone look for the file and to call us for a
mium visit when the file was found,and provided us with the following:
1'. Telephone facsimile from Vincent DiBiase, Inc. to Stan Bernstein, City Engineer, with attached Notice to
buyers John and Virginia Nichols,regarding the"current and potential erosion of the ledge existing at"the
Property.
Mr.Nerden later informed us,by electronic mail,that Ms.Ellen Dubinsky in the Planning Department has the
file on Station Road.
phens Assmelabes
taumaoaerOnwrs
struch�rd!
GCotPShaiWl
Rr:port of Geotechnical Evaluation Project No.018-01-001
Es:isdng Bedrock Face July 13, 2001
411; Station Road, Salem, Massachusetts Page 4 o£7
On Thursday,May 10,2001,we again visited the City Planning Board (Department),the City Engineer's Office
anal the Property(the Site). We briefly reviewed the Planning Department file for Station Road Subdivision an
wi!h the help of the City Engineer's office,we made espies of some relevant documents,including:
1:: Notice to be Attached to Form"C"Applications,dated August 15, 1996 with attaehcd_
a. Form C,Application of Approval of Definitive Plan,dated August 15, 19%;
b. Request for Review Comments, Preliminary/Definitive Subdivision Plans,Dated August 15, 1996,
with attached list of required information to be forwarded to the City Building Department,
prepared by Leo E. Tremblay, Director of Public Property, Inspector of Building, Zoning
Enforcement Officer.
1';, Certificate of Action, to Deborah Burkinshaw, City Clerk from City of Salem Planning Board regarding
DiBiase Salem Realty Trust—Station Road Extension—Form C,dated May 15, 1997,with attached:
a_ Decision Letter,Definitive Subdivision Plan, Station Road Subdivision—Form C, as written by Mr.
Walter B.Power,111, Chairman;
11 Letter from 'Paul DiBiase to the City Planning Board, dated December 29, 1998, requesting the relesse of
fiords appropriated for the roadway construction portion of the Station Road Extension Project, with
attached:
a. Tetter to the Planning Board from Wilfred J. Beaulieu, Clerk of Works, dated December 1, 1998,
recommending the release of the funds.
TJie list of required information (item 12b) included submission to the City Building Department, all soils
ergineering reports. We did not find any soils reports or records of involvement by a geotechnical engineer.
Fuxther, we note that the Definitive Plans are required to be submitted with the application. As we stated
pr:,viously,we did not find the Definitive Plans in the File—the only place that we have found them is at the
R'..)D. The Definitive Plans may have been filed elsewhere by the Planning Board. Mr.Nerden later informed
u, that he had located a set of Definitive Plans in the planni g department.
Riatainage of the Clerk of Works and submission of the As-built Plans were two of 13 conditions stipulated in
thr Planning Boards May 15, 1997 Decision in favor of the subdivision(item 13). Item 13 further certifies that
a copy of the decision and plans are on file with the City Clerk and Planning Board. We did not cheek for
copies at the City Clerk's Office.
L Iter from Mr. Beaulieu (item 14a) recommended the release of the roadway construction funds, apparently
b ;ed on Mr. Beaulieu's final inspection and judgment that the work was substantially completed to his (I&
&:aulieus)satisfaction. Mr.Beaulieu further stated that be received a set of Asbuih Plans from the developer,
h(rwevcr,with the exception of a single sheet showing utility plan and profile,dated November 5, 1998,the As
&lilt Plans were not in the file,and could not be located by the Planning or Building Departments. It is posible
that the Definitive Plans were submitted as As Built Plans for the Project.
t::;otechnical Evaluation
Ot.April 7, 2001,we visited the Site to observe the rock face and plan our overall evaluation. During that Site
visit we measured the geologic attitudes (spatial orientations) of representative major rock discontinuities
Oclints), and photographed the rock face and other Site features. Our observations confirmed that rock
phenAmcktes
oer
c=SNEue t whin
structural
Utotechnlcal
R::pert of Geotechnical Evaluation Project No. 01.8-01-001
E:,i isting Bedrock Face July 13, 2001
4.6 Station Road. Sale=Massachusetts Page 5 of 7
fragments,including boulders,have dislodged Som the rock face and fallen,coming to rest in the grass between
th:�bottom of the face and the driveway retaining wall. Our observations revealed the potential for two rock fall
tyres:
1. Short-cerin potential for continued rock fall of cobbles and boulders;
2. Longer-term potential for sliding or toppling of much larger rock slabs or blocks.
Ori Thursday, May 10: 2001,we revisited the Property(the She) to measure locations of,existing features for
moa in recommendations for our Report, as well as for use in preparation of future design documents.
Designed and Constructed Rock Face Configuration
Our document review indicated that the slope of the rock face varies substantially from that shown on
tli r,Definitive Plans, Sheet 3 of 5, Topographical Site Plan (Appended). As shown,the rockface was designed
with a slope of about 1:1,horizontal to vertical, sloping from the base away from the house to the top of the hill
be the house in two different orientations,herein referred to as the North and East Faces. The North face is
carrently sloped approximately as designed, while much of the East.Face (behind the house) exceeds vertical,
overhanging the lawn at the base of the slope,
Short-tern Potential for Rock falls
Near the top surface of the both face the rock mass is highly deteriorated,being highly weathered and
severely fractured_ This material is susceptible to erosion and frost action,both of which can dislodge sizable
fr,:.gments causing them to cascade down the North Face or fall from the East Face. Discrete pockets of similar
material are noticeable elsewhere in the rock mass,and behave similarly. These materials cause the Shortterm
potential for falling rock fragments.
Tl& short-term rock fall potential is great_ On May 29, SA issued a letter to the Owner describing the unsafe
a:nditien at the site resulting from the fall of loose rock fiagmeuts. Our letter recommended the area between
tlu: house, driveway retaining wall and the rock face be kept completely clear of human life and valuable
property, and that over the longer term,the house itself might be in danger. These dangers still exist.
P-Thminary Evaluation of Longer-term Potential for Sliding or Toppling
Discontinuities (joints) in the rock mass are oriented to create a potentially unstable condition. These
d scantinuities have created relatively large, discrete block or slabs of rock that are potentially unstable over the
longer term. The longer-term potential for sliding or toppling failures requires further evaluation following
rrplementation of the short-term mitigation measures identified in this Report, as discussed under
Rocommendations below.
R mommendations
This section will contain descriptions of engineering recommendations for mitigation of the shortterm potential
nrok falls,and for additional engineering to be performed to evaluate the longer-term potential for sliding and/or
CONIUK&ephens 1lssoclarhes
he SWUM=
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fr�lediNaal
Report of Geotechnical Evaluation Project No- 018-01-001
E::isting Bedrock Face July 13,2001
4�'J, Station Road, Salem, Massachusetts Page 6 0£7
toppling of larger rock slabs and/or blocks. We will use these in our design documents to be provided separately
if',:equested.
W e recommend that the rock face and hilltop,within 50 Peet of the top of slope and within the Owners property,
bc: cleared of vegetation, soil and loose rock fragments. The purpose of this approach is to mitigate the short-
term potential for failing rock fragments by forcing the loose frdgmentsto fall under controlled conditions.
Methods of removal should be left to the discretion of the contractor, within the framework of the design
&amens(to be prepared separately by SA)and pending review by SA. Methods might include excavation by
beickhoelexcavator;hand tools,high-pressure water hose,etc., under observation by SA.
We recommend further evaluation of the longer-term potential for slabs and/or blocks of rock to slide or topple
frr:m the rock face. The performance of short-term measures will expose more of the slope and allow for better
evaluation of the longer-term failure potential. This evaluation should include both North and East Faces, and
slnuld include recommendations for mitigating measure to each face as appropriate. Based onour preliminary,
longer-term mitigating measures might include excavation of larger portions of the rock mass to reduce the
sl::-pe, or possibly rock bolting and/or buttressing. Excavation methods might include use of explosives, hoe
rains,wedging,.or other means. We will prepare design documents for longer-tern mitigation measures,at your
rcquest, following this evaluation.
Li mitations
Swphens Associates Consulting Engineers has prepared this report based on the information available to us at
this time, including information furnished through the Owner(CIient) and sources referred to us by the Owner.
If any of the noted information is incorrect or has changed (e.g., revisions to the design,; subsurface conditions
en.muntered during excavation for construction are different from those noted in this report, etc.), SA should be
notified and retained to review the corrections and changes and amend this report. If SA is not retained for these
pcirposes, we cannot be responsible for the impact of those conditions on the performance of the project. SA
should be retained to perform additional phases of the work as described in our Proposal and this Report. At
that time, it may be necessary to submit supplementary recommendations and design documents,which SAwill
d,:i on a time and expense basis according to our Agreement for the project.
The soil and rock descriptions contained in this report are generalized to highlight the major soil state as
interpreted from readily available data. Further, variations in subsurface conditions may occur and should be
expected between exploration locations and over time. Seasonal fluctuation of groundwater depths should be
aiticipated. We recommend that the contractor measure the actual groundwater levels at the time of
construction and evaluate groundwater impact on the construction procedure,and the impact of the construction
ori groundwater levels_
Sh's scope of services did not include an environmental assessment to evaluate the presence or absence of
v%bands or hazardous or toxic materials In the soil, bedrock, surface water, groundwater,or air, on, below or
around this site-
tine recommend that$A be retained to provide services during construction including assistance with contractor
say lection, shop drawing/submittal review, and engineering observation of construction. These services will
Stephens Asneelates
tbrsrltaa 6ratnor.
Structural
GeotectiNcal
Rdport of Geotechnical Evaluation Project No. 018-01-001
E::isting Bedrock Face July 13,2001
421,Station Road, Salem.Massachusetts Page 7 of 7
assist the owner with quality assurance through observation of compliance with design concepts, specifications
and recommendations and will allow for the implementation of design changes where necessary due to
conditions that differ from those anticipated.
This report has been prepared by SA for the exclusive use of the Owner(Client)and for the specific application
to the subject project, as conceived at this time. The report is, by itself, is not sufficient to prepare an accurate
cost estimate or construction "bid" or proceed with construction. Subject to the limitations inherent in the
agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any
other limitations contained in the Agreement for SA's scrvices,SA has performed its services with the degree of
tate and skill ordinarily exercised by other professional engineers under similar circumstances at the time the
services were performed. No warranties are implied or expressed.
A,iia4 we appreciate the opportunity to assist you. If you have any questions,please call us.
Sicicerely,
Stephens Associates,Consulting Engineers
P ibert Sr Stephens,PE
Principal
RS S:tgbg
At'nchments: Figure i—Site Location Map
Appendix—Documents obtained in Document Search
Seeptiees AssKilates
Whom
54uctura)
G�tectinipl
FAX TO: Peter Strout
Building Inspector
978-740-9846
From: Beth Yanofsky
44 Station Rd., Salem
978-740-11034 (home)
617-626-8630 (work Sam — 4 pm )
Mr. Strout,
Enclosed is the engineer's report written by Robert
Stephens for the rock face wall at 44 Station Rd. I will call
you today about the action you proposed to repair the wall.
Thank you.
BOARD OF ASSESSORS
93 WASHINGTON STREET,CITY HALL, SALEM,MASSACHUSETTS 01970-3595
l a (978)745-9595 Ext.261
(978)744-2069 Fax
April 21, 1998
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the eleven single family homes to be constructed on the new lots created by
the subdivision of 39 Station Road (Parcel#22-0181) have been assigned legal street addresses as
follows:
Lot 1 34 Station Road Lot 7 46 Station Road
Lot 2 36 Station Road Lot 8 45 Station Road
Lot 3 38 Station Road Lot 9 43 Station Road
Lot 4 40 Station Road Lot 10 41 Station Road
Lot 5 42 Station Road Lot 11 39 Station Road
Lot 6 44 Station Road
Very truly �s,
1
Peter M. Laron
Chairman
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Dept.
Helen Jiadosz,Water Dept.
Leo Tremblay, Inspector of Buildings
Capt. Paul Murphy, Police Dept.
Vincent Dibiase Inc., 10 Lookout Terrace, Lynnfreld MA 01940
PARSONS AND FAIR INC..
60 LEWIS STREET
LYNN MASSACHUSETTS 01902
p ( 617) 593- 7927
15 7183
Ur &
� 7
far' S
O
0 1
kQ41v
THIS IS A TAPE SURVEY BASED ON THE
SURVEY MARKERS OF OTHERS AND THE LINES
OF.000UPATION.THIS PLAN WAS DRAWN FOR
MORTGAGE PURPOSES ONLY.THIS PLAN WAS
REFERENCE : NOT PREPARED FOR RECORDING PURPOSES,
DEED DISCRIPTIONS,CONSTRUCTION
THE PREMISES SHOWN ON THIS PLAN VERIFICATION OF PROPERTY LINE DIMENSIO
IS pir'r LOCATED WITHIN THE FLOOD BUILDING LINE OFFSETS,FENCES OR LOT
ZONE. FIRM MAP9tnllktp Oomisfe CONFIGURATIONS.ONLY A PRECISE
INSTRUMENT SURVEY CAN DETERMINE ALL .
I HEREBY CERTIFY THAT THE BUILDINGS) THE ABOVEi
SHOWN ON THIS PLAN ARE APPROXIMATELY MORTGAGE INSPECTION_ PLAN
LOCATED ON THE GROUNDS AS SHOWN
THEREON AND THAT THEY CONFORM Ti jr,"of, RSA
THE DIMENSIONAL REQUIREMENTS OF THE �^ 1 f�
TOWN/CITY OF S44cm,*4ZONING LAWS
WHEN CON RUCTED• �HOF 414,, S��' • /"�t�IFCNVIE�A�
DANIEL c SCALE : I° =qo' DATE : lki"
FAIA m
� 90318 h
A�eIBTEIIt P
qH i�
VINCENT DIBIASE, INC. UEUTEM �Co
P.O. BOX 780
r LYNNnELD, MASSACHUSETTS 01940
Tel- %78-745-**05- 75F3V•"7/ w•` ? a �� �e. .e- "`1
TO
�7u� �rn Sri .. � G �•/
WE ARE SENDING YOU ❑ Attached 0 Under separate cover via the following Items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specification$
❑ Copy of letter ❑ Change order 0
Colo DATE NO. D[eCa�rT10N
THESE ARE TRANSMITTED as checked below:
❑ For approval 0 Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted 0 Submit—copies for distribution
❑ As retluested 0 Returned for Corrections ❑ Retum—corrected pritRs
0 For radew and comment 0
❑ FOR DS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
!u r
_ n
i
/ da c
� D
COPY ro
SIGNED:
n.nelswwr rw nor
of n.r.4 u,yy.,.rxr
r
Vincent DiBiase,Inc., is delivering this document to the BUYERS of 44 Station Road,Salem,
Massachusetts,John E. Nichols and Virginia Nichols,through its agent Paul DiBiase prior to
closing.
The BUYERS and SELLER have discussed the current and potential erosion of the ledge ezisting
on site at 44 Station Road, Salem,MA 01970.
The BUYERS have taken photographs of the ledge.
The SELLER has disclosed to the BUYERS that erosion whether due to acts of god,natural disaster
or weather including but not limited to rain or snow over period of time could result in flooding,
falling rocks or other circumstances affecting the use of 44 Station Road,Salem,Massachusetts.
SELLER makes no warranty whatsoever concerning the ledge and it's potential affect on the use of
the property.
SELLER delivers the deed at closing with the understanding that all obligations of the SF-T.1 RR
pursuant to applicable law and the Purchase and Sales Agreement dated December 15, 1998 have
been performed and all agreements discharged and acceptance of the deed by the BUYERS verifies
said performance and discharge.
a
lees.
ate Vincent DiBiase as duly authorised
Vincent DiBiase,Inc.