120 SWAMPSCOTT ROAD - BUILDING INSPECTION /�� �� ���
A �d �� '�
City of Salem
Office of the City Solicitor
93 Washington Street
Salem, Massachusetts 01970
Tel:978.741.4453 Fax: 978.740.0072
December 22,'2003
MacCALLUM & simEONE, P.A.
Lawrence A. Simeone;Jr.,Esq.
385 Broadway Street
Revere, Massachusetts 02151
RE: AAA Climbers Special Permit:
120 Swampscott Road; Salem
Dear Attorney Simeone:
I am writing to.advise you that the special permit granted for the property at.120
Swampscott Road to AAA Climbers is being revoked'based on information received '
from the Department of Industrial Accidents. -It appears that at the very same time of the
application for the special permit,d/b/a AAA Climbers,:Inc., said same company through
Mr. Daniel,Hubbard(also the applicant for the special permit)was representing to the
DIA that that company,was no longer doing business.
Iam also aware of the pending action(DIA v.AAA Climbers and Daniel Hibbard—
Essex CV2003-2098). I am not aware of the present status of that complaint.
If you want to be heard on the reason(s) for,the revocation and address these.matters to
the Board of Appeal, please request in writing and you will be given the opportunity to be
heard at themext regularly scheduled meeting.
V y best regards,
Jo Keenan;
Soh i r '
ENC.
cc. Thomas St. Pierre;Bldg:Insp. ,
Christopher Sheehan,Esq. (DIA)
Joan Lovely, WardThreeCouncilor-
Nov 14 03 12: 55p 2
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the bank had foreclosed on Hfight g,ib• agent el
Eight workers failed to receive workman's compensation bard and would br, auctioning BUM
of the pror)O ty met Stu
SAUGUS equipment. Including front- pmemptivo strike by trying to "We've threatened to do this dent Bl
end loaders and. eommerclal take,the DIA to court first. before," Verona sold, "but he
tary Da
By $r�rXe chain saws.In this line of dan- "It's a small dispute and always comes through with the been lot
gerous work,not having a poli- hopefully it will be clemvd up money" manufa
TNfu Dear I'1'SM cy and then ignoring a stop by WednesddY" The company has been a Gore from th
The Department of Industri. work order Is nothing short of In the meantime,ire¢-length emain spot with the town for years rimtion
rn
al Accidents has not only shut a State law requires an employ, shacked up to the road,dwarf-mbers and cO and onsHibbatard ewilts he's been as ad,
down AAA Climbers but has ht a long battle with the town. has ad,
takeh',the unprecedented stop are who have one or more Inc the ramshackle business i ^%,Aryan hates what it looks sight o;
of filing n criminal case workers to have a valid work,
tucked behind It, Gant logs like but they don't want me to rocoss
against the company se well. ora'compensation Policy at all block the Main Street clean it up." to get
The moves came after an times. Hibbard is facing linea entrances,and the entrance,orf pmeric
Investigation at9rted in August of 5� Per clay until he earn, the turn into the Department Hibbard was referring to the
led to the discovery that Daniel piles with the late The comps• of Public Works lot is marked fact ht recently asked Town the Hot
Hibbard, owner and operator ny Is facing fines to date to by a small orange sticker that Mooting members to rezone Attac
the property to allow for 26 corn defense
of AAA Climbers,507 Main St.,
excess of 818,000,s number the says"closed." dominium unite,lbwn Meedult amend.
was nht providing workman's DIA said Is climbing each day Building Inspector Frederick r to defertr.0 the article back to the a pod
compensation for its eight a 54bard does
compensation.l lneuraztcce. ,desist andne drehatthe n iroma con. Planning'Bosrd. Defens,
employees. Assossl
F.plolty
employees,
ordered to shut in�andditio, the by criminal can Saugus but nesanys, not
in onlyt n bard said.
"Theyneferrediit The I
his b{tslness down until he P q
obtained a woikman'a compen- carry foes up to$1,500 and up state,isn't Hibbard's only Prob• back.it's Just to stall filings." requirt
sation policy for his workers, to one year in,iaillem. According to Verone the Hibhvrf saki he will go back to tion of
but he refused. This violation' The newsidtHibbardbRffe - property is also set to be aur thePlarall Board,prow he has snbcor
prompted DIA to seek legal "I thought I closed It myself" tinned Off on Dec.s.. financing and a builder waiting averse
remedies >n the Lynn District he said Friday"I opened AAA "That's not going to go in the wings and hopes he will be direct(.
Court as well as the Salem Modular Homes almost a year either," Hibbard said. "t only s0owed b>move forward. dotensl
Supetjlor Court. ado, and it does have work- had a short term loan . . . but ,Hopefully everybody will see dation;
e train ti
"WC RM not going to allow man's come and I'll prove that loan).already a ,don't-wriknow iten ." already Rene a place to goWIn could 1
any employer to float the law," in court."
said john Zienttd, dltector of Hibbard has a Thursday Vftmnesaid herecelvedacall Salem. We're moving AAA Tho:
investigations,.for the DIA. court date to refute the DIAD from Carmen, and auction climbers thereartdwettavethe did not
"This employer uses heavy clalms,but sold he is making a house in Maine, alerting him pormlte in hand."
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2003-02098
Commonwealth of Massachusetts Department of Industrial Accidents,
Plaintiff(s)
Vs.
AAA Climbers Inc, Daniel Hibbard,
Defendant(s)
SUMMONS AND RESTRAINING ORDER
To the above named Defendant(s):
You are hereby summoned and required to serve upon, plaintiffs attorney,
Christopher M Sheehan, Esquire of 600 Washington Street
Boston, MA 02111 ,
, an answer to the complaint which is herewith served upon you, within 20 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be
taken against you for the relief demanded in the complaint.
You are also required to file your answer to the complaint in the office of Clerk of this Court at
Salem either before service upon plaintiffs attorney or within a reasonable time thereafter.
Unless otherwise provided by Rule13(a), your answer must state as a counterclaim any claim
which you may have against the plaintiff-which arises out of the transaction or occurrence that is the
subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any
other action.
WE ALSO NOTIFY YOU that application has been made in said action, as appears in the
complaint, for a preliminary injunction.
And that a hearing upon such application will be held at the court house at said Lawrence, in
said county, on 11/13/2003 A.D. at 02:00 PM, in CtRm 3 (Lawrence) at which time you may appear
and show cause why such application should not be granted.
In the meantime, until such hearing, WE COMMAND YOU, said Defendants
and your agents, attorneys and counselors, and each and every one of them, to desist and refrain
from (a) conducting business of any kind at the location of 507 Main Street, Saugus, MA 01906,
(b) conducting any and all business in the Commonwealth of Massachusetts until in compliance with
M.G.L.c. 152 s 25C
Witness, Suzanne V. DelVecchio, Esquire, Chief Justice of the Superior Court
at Lawrence, Massachusetts this 3rd day of November, 2003.
................................................................
Clerk
(AFFIX RETURN OF SERVICE ON BACK OF SUMMONS)
cvcorrroine_2.vd 46623 hrgpin enarhose
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL gT.Y OF SA�_E4M':MA
120 WASHINGTON STREET, 3RD FL tMERK S t3FFfEE
SALEM, MA.01970 1•�.
o'
TEL. (978) 745-9595
�pMRB FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR p`iQQT OCT 2I 11' 40
DECISION ON THE PETITION OF DANIEL HIBBARD d/b/a/AAA CLIMBERS INS.
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 120
SWAMPSCOTT ROAD I
A hearing on this petition was held on October 15, 2003 with the following Board
Members present: Nina Cohen, Chairman, Nicholas Helides, Joan Boudreau and Bonnie
Belair.. Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner requests a Special Permit to change existing non-conforming to a Wholesale
Contractors Supply Business for the property located at 120 Swampscott Road located
in a I zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance..
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
DECISION ON THE PETITION OF DANIEL HIBBARD d/b/a/AAA CLIMBERS INS:
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 120
SWAMPSCOTT ROAD II
page two
1. Petitioner Daniel P. Hibbard of 23 Trifone Rd. Revere, owner of AAA Climbers
Inc. of Saugus, Ma.entered a purchase and sale agreement for the purchase of
an 8-acre property at 120 Swampscott Road that is presently mixed residential
and commercial use. Since 1966, landowners Carmine and Angelo Mongiello
have owned and operated a contracting business on the site, and have permitted
renters to inhabit several homes on the property.
2. Petitioner represented by Lawrence A. Simone Jr., Esq. of Revere, seeks zoning
relief to allow conversion of the use from a contracting business to a "retail
wholesale contractor supply establishment". Petitioner's business use includes
the manufacture of wood chips from tree stumps, along with wholesale and retail
sales of mulch and woodchips, tree removal, preparation and sale of lumber and
firewood, ant the rental and storage of excavation equipment and vehicles.
Petitioner also wishes to continue the residential use by permitting tenants to rent
and use the existing houses on the site.
3. A private way from the subject property gives access to Swampscott Road. This
access route is presently used by the Mongiellos and their tenants to reach the
residential homes and the building where commercial trucks and equipment are
stored. Petitioner will seek to provide access to the proposed business via a
street known as Robinson Road, which they content is a city street Abutting
owners Fred & Shirley Hutchinson of Mountain Realty Trust contest this assertion
and their claim, that Robinson Road cannot be used as a public way, is currently
being tested in court in litigation arising over an unrelated issue. For these
purposes, it is sufficient to note that the abutters believe there is no appropriate
access to the subject property via Robinson Road.
4 Appearing on behalf of his uncles the Mongiellos, Patrick Delulis, Esq. of Salem
stated that the proposed use is consistent with the historic use of the property as
a mixed commercial and residential property, and is consistent with the intention
of the City of Salem to retain the site's commercial and industrial use.
5. Ward 3 City Councillor Joan Lovely made a site visit and recorded her reaction
via a letter sent to the Board of Appeal. Ms. Lovely suggested that the existing
trees along the Swampscott Road end of the property be left uncut to retain a
noise buffer to prevent nuisance affecting the homeowners across Swampscott
Rd. in the condominium complex, and Mr. Hibbard agree to make that a condition
of the special permit. Ms. Lovely also noted that the Planning Board's assistance
would be needed to assist petitioner in developing access to his business from
Swampscott Road. Petitioner asserted that his project would obtain Planning
Board review and approval.
DECISION OF THE PETITION OF DANIEL HIBBARB d/b/a/AAA CLIMBERS INC
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 120
SWAMPSCOTT ROAD I.
page three
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 4 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and safety shall be
Strictly adhered to.
3. All construction shall be done per plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction
5. Petitioner shall obtain a Certificate of Inspection.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
7. Regulate hours of operations between dawn and dusk.
8. Petitioner shall avoid clearing buffer trees between business and residential.
9. Petitioner shall comply with noise ordinance.
10. Petitioner should work with the Planning Board regarding the entrance of
Swampscott Road to minimize the impact to tenants
Special Permit Granted
October 16 2003 Nina Cohen, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
3�co' T CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
3 120 WASHINGTON STREET, 3RDFLOOR
SALEM, MA O1 970
TEL. (976) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
July 17, 2003
Corrected letter 6/18/03
Lawrence Simeone Jr. Esq.
335 Broadway, P.O. Box 301
Revere, Ma. 02151
RE: 120 Swampscott Road
Dear Mr. Simeone:
I have received your clients proposed used for the above mentioned property.
The manufacture of wood chips and grinding of tree stumps, cutting of lumber,
Storage of tree stumps rental and wholesale of excavating equipment and the wholesale
retail sale of mulch would in my opinion require a Special Permit per Section 5-3 ,(h)
(1) (2).
Also, if the site proposed is more than 10, 000 square feet, site plan approval will also be
required by the Planning Department,
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
John Keenan
Councillor Lovely
CITY OF SALEMo MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 18, 2003
S� eon
Lawrence Simme Jr. Esq.
335 Broadway, P.O. Box 301
Revere, Ma. 02151
RE: 120 Swampscott Road
Dear Mr. Simone:
I have received your clients proposed used for the above mentioned property.
The manufacture of wood chips and grinding of tree stumps, cutting of lumber,
Storage of tree stumps rental and wholesale of excavating equipment and the wholesale
retail sale of mulch would in my opinion require a Special Permit per Section 5-3 4, ( h ) r/ f p 1
Also, if the site proposed is more than 10, 000 square feet, site plan approval will also be (/)p)/l l
required by the Planning Department,
Sincerely,
Thomas S . Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
John Keenan
Councillor Lovely
0
5r�g CITY OF SALEM, MASSACHUSETTS
_ PUBLIC PROPERTY DEPARTMENT
9 sa
�Jydpg _,,fi' 120 WASHINGTON STREET, 3RD FLOOR
D� SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 18, 2003
Lawrence Simone Jr. Esq.
335 Broadway, P.O. Box 301
Revere, Ma. 02151
RE: 120 Swampscott Road
Dear Mr. Simone:
I have received your clients proposed used for the above mentioned property.
The manufacture of wood chips and grinding of tree stumps, cutting of lumber,
Storage of tree stumps rental and wholesale of excavating equipment and the wholesale
retail sale of mulch would in my opinion require a Special Permit per Section 5-3 ,(i)
Also, if the site proposed is more than 10, 000 square feet, site plan approval will also be
required by the Planning Department,
Sincerely,
t)
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
John Keenan
Councillor Lovely
.�o T CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT -
120 WASHINGTON STREET, 3RD FLOOR
f�aSALEM, MAO 1970
TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
November 27, 2002
MacCallun &Simeone, P.A. COPY
The Citizens Bank Building
385 Broadway
P.O. Box 321
Revere, Ma. 02151
RE: 120 Swampscott Road, Salem
Dear Mr. Simeone:
I have received your letter dated November 18 regarding the Mangiello's property at 120
Swampscott Road.
Because of the number of issues at hand, I have forwarded your letter to the City
Solicitor, John Keenan, for his opinion. I will respond as soon as the City Solicitor gives
me his opinion.
Sincerely,
Thomas St. Pidrre
Acting Building Commissioner
cc: John Keenan, City Solicitor
12/30/033 T0022:50 FAX 97 87 00 07 2 JOHN D AEENAN M&S LAW OFFICES 2001/005
PAGE 01./05
MACCALLUM, & SLMEONE, P.A.
ATTORNF,YS AT LAW
THE CITIZENS BANK BUILDING
385 BROADWAY,P.O. BOX 321
REVERE, MASSACHUSETTS 02151
BERNARD J. MACCALLUM TELBP"ONE:(781)286-1560
LAWRENCE A.STMEONE,JR. FACUMME' (781)286-5532
FACSI:MTLE
DATE: December 23, 2003 NUMBER OF PAGES
INCLUDING COVER PAGE
TO: John D. Keenan, Esq.
FROM: Lawrence A. Simeone,Jr., Esq.
FAX#: (978) 740-0072
RE: 120 Swampscott Road, Salem, MA
If you have any problems with this transmission,please call Lisa, Anne, or Theresa
at MacCAllum and Simeone P.A. at(781) 286.8815.
THIS FACS MILE IS ATTORNEY-CLIENT PRIVILEGED AND CON'T'AINS
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSON(S)
NAMED ABOVE. ANY OTHER DISTRIBUTION, COPYING OR DISCLOSURE
IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND
RETURN THE ORIGINAL TRANSMISSION TO US BY MAIL WITHOUT
.MAKING A COPY. PLEASE CONFIRM RECEIPT OF THIS FAX,
IC� -7 Na F
14111: � �,'1 C<aJ a? 11A1, C.G� �r(i./ c, 7`1—
12/30/03 nTE 22:51 FAX. 9787400072 JOHN D KEENAN U002/005
12/23/2003 15; 13 17312865532 M&S LAW OFFICES PACE J2105
MACt.ALLUM & SIMEON6, PA.
ATMPNM AT UW
THE C1T12£.NS BANK BUILDINQ
385 BROADWAY. P.O.BOX 321
REVERE.MASSACHUSPM 01151
8PAWA0.0 1,&!ACC 1,LUM
LAWRENCE A,S1MceNE.Ja, Tntr}ioNp, V91)28&1560
FAC9IMRP;(781)28,5552
December 23, 2003
John D. Keenan. Esq.
Office of the City Solicitor
Salem, MA 01970
Re: AAA Climbers Inc. Special Permit
720 Swampscott Road, Salem.MA
Dear Attorney Keenan:
Please be advised, on behalf of Daniel P. Hibbard and AAA Climbers,Inc., a
Massachusetts corporation doing business at 501509 Main Street, Saugus, MA.,
I respectfully request a heating before the Salem Zoning Board of Appeals at it's next
regular meeting to address your letter of December 22" , 2003, wherein you state the
Zoning Board of Appeals intends to revoke the granted special permit.
Kindly be further advised that, DIA and AAA Climbers_ Inc. after investigating and
negotiating the outstanding issues between the parties entered in to an Agreement for
Judgment, which has been filed. (See attached Agreement).
I have asked Attorney Christopher Sheehan. Esq. of the DIA to contact you and update
your office respecting this matter.
Should there be a need for further information, please feel free to contact this office.
Vcry trul ours,
wrence A. Simeone, Jr.
ASA m
Enclosure
cc: Daniel Hibbard
Thomas St. Pierre, Bldg. Insp.
12/30/03 TUE 22:51 FAX 9787400072 JOHN D HEENAN Z003/005
12/23/2662 15:13 17812665532 M&S LAW OFFICES PAGE 63/05
12/03/e$ 11:07 0608 677 0835
DIA gALt, RIyRR
004
12/07/ 3 16:13 17913666592 Mas l4W CWIC= PAW 0x104
COMMONWEALTH OF'MASSACFWSB' S
ESSEX,a5. SUPWOR COURT DEPARTMENT
OF THE TRIAL.COURT
DOCKET NO.: 03.02098
COMMONWEALTH OF MASSACHUSMTS
DEPART&MT OF VWUFnUAL ACCIDWM.
PL.ARMPF
V.
AAA CLIMBERS INC.,DANIEL HMEARD,
DEPENDANT
AotHEMENf made as of this 2nd day of D=MbEr,2003 between the fo110wing
=titin and individual: (1)The Plainatf,Commonwm h of Massachusetts,Dupartnent
of Lndustrial Aceidanta;(2)the Drat AAA Climbers,Inc.,a Massachusetts
Corporation With a p=' cipal place of bnsinew at 501-509 Main Soret,SeuM MA;and
(3)the Defendant Daniel Hibbard,in his c:paeity as DLmctw and Clerk of AAA
Clirnbw.
The patties agree to the f011awiug:
1. The Defeodsiuts shall pay Twon*y Six Thousnd Five Hundred Dalt 3
($26,500.00)is penalties and lines in acw0larm with the Workers
C=gmsatian Aon 0" +U" Sip "&fC 4b6Kr AWa �t
fk ZZO o1 �, +6y caerf�s cayvc.s:vJfv an
tRSee�l.yre.e:
12/30/00 TUE 22:51 FAX 9787400072 JOHN D REENAN a004/005
12/23/2003 15:13 17512555532 MS LAW OFFICES PAGE 04i05
12/08/03 11m09 12908 877 0053 DIA PALL RIVER
fides
12/02/2893 15:13 17612865532 M&S LAW 0FFI(X5 PAM
7. 11he DrQcndimts"pay Two tlwusaod dollars=000)slmnt►eneausly wish
exccuCan of Shia sy mmem sad shAl pay the balm we of?went)�Foar
Thousand Five Hundred DoUmm S(24,500.001 in aa�o�d v.
,ft *.,f' m"'r
ISM',
3. The Plaintiff agrees that the Defendants ate pmawdy in compliance with the
Wmkra a's C gM32spon ACL
5�/ubr(r Orr /
4. The Pla nplFlttriber agees that there Anne other ouls2sndl violadona
rs+dlrl+allra 64vdm ,Vtich would mmult in dans bciag asmsed,660 ing
under the Act with the exception of those established in this Agtxaneat the
PlamtiBtehmng and btdemai*mz qp Dcftdema with respect to saxc5, vp an
Sa#t5�o.cl6� � .Caf�'
mm Pixmff, The DefCadant.
DepaaMM of Inds t:W A=dc m AAA ClimbcM Ina&Daniel Hibbard
By its sttoam. By lhea sttotney,
.0wher M.Sheehan wrmee A irmw 7r,
BBM 647-957 BBON 552605
Assistatrc CMM-81 COunecl MacCallom&Simeastc,P.A.
Department of htdu3etlal Aeeidmts 385 Brattlway,P.O.Box 321
600 WzEogton Saner,7t'n- Revers MA 021St
Boston,MA 02111 (761)286-1560
(617)727.4900 ext 274
2
12/30/03 TUE 22:51 FAX 9787400072 JOHN D KEENAN Q005/005
12/23/2003 15:13 17612865532 PGVS LAW OFFICESPAGE 05/N,,5
12/03/03 11:07 11808 877 0638 DIA PALL, itpa
X002
The Commexwedh of ManschuWds
Department of Industrial Accidents
30 Third street
Fall River, Massachusetts 02720
At1Tf ROMNEY JANE Q EDM01*8
Gowmior Di erwr OfLabor and ltrarkfpureDdVetop"Imr
I=Wy RE"Ey ALaCELO R 9VONOPANE
fJ. Cievernur Commfailoner
REPAYMENT AGREEdENT
It is agreed by AAA Climb=I=,and Denial Hibbard(Daftndams)to pay to the
Depatimtnt of hWhg ial Ace(deata(DIA), (Plain=the sum of Twmry-Six Thousand
Five RmAid DaUm(U6,500.00)in penalties and finea owed the DIA for Stop WO&
Order Violation%to be paid as follows:
Payment of 52,000.00 f hwith at the time of execution of tbia agreement and payment
ofS2,000.00 witbmtwoweft ofnwation-
7he balance of$4500.00 shall be paid in monthly inelaltmxids beginning Jamrary 1,
2M. Begimting on Immy+1,2004 the DeGet,dants will remit a minimum payment of
52,000.00 on the first day of the month.
It is emdetabood that this agreement is merle binding and part of ft Agrees;nemt far
Judgement is Civil Actim No.0 4WS
Failure to matte paymmb in accord with this agreement will cadde the DIA to iamnediate
payment iu iltlt,wi81 interest at the stramtory tate from the date of breach until this
Iudgemarn is satisfied.
Upon receipt of the fall$26,500.00 the DIA will release AAA Climbers Inc.,and Daniel
Hibbard from arty mod ail lanes and penalties related to the Stop Work Orders issued
against AAA Climbers and Daniel Hibbard.
The Plaintiff; The Dcfmdmt,
Department of R dustrial Accidents AAA Climbers Inc.,&Daniel Hibbard
By their attorney, Byteet/ ey,
Cbristopher 141.Sheehan A Simeone,Jr.,
BBO 0 647957 BBO#552605
Asaistant General Cotmsat MacCallum&Simeone,P.A.
600 Wuah qpm Street let FL 385 Broadway,P.O.Box 321
Boston,MA 02111 Revere,MA 02151
(617)7274900 x 274 (781)286-1560
TaL VM 676X+106-www.maa.guvldia
MACCALLUM & SIMEONE, P.A.
ATTORNEYS AT LAW
THE CITIZENS BANK BUILDING
! 385 BROADWAY,P.O. BOX 321
REVERE,MASSACHUSETTS 02151
BERNARD J.MACCALLUM TELEPHONE:(781)286-1560
LAWRENCE A.SIMEONE,IR. FACSIMILE:(781)286-5532
November 18`h, 2002
Thomas St. Pierre
Acting Building Commissioner
Building Inspector
City of Salem
City Hall Annex Building
120 Washington Street
Salem, MA 01970
Re: 120 Swampscott Road, Salem
Dear Mr. St. Pierre;
Please be aavised this office represents; Daniel P. Hibbard of 23 Trifone Road;Revere,
Massachusetts who owns and operates AAA Climbers Iric:501-509 Main Street, Saugus,
MA.. Mr. Hibbard has been in negotiations to purchase the above referenced property
from Carmine Mongiello and Angelo Mongiello of 55 Eastman Avenue, Swampscott.
The Mongiello's have use this property for well over three decades as a contractor's yard
associated with the commercial letting of residential structures existing on the property.
Under the Salem Zoning Ordinance (SZO) there is no definition for contractors yard.
In accordance with the Salem Zoning Map 120 Swampscott Road ("the property") is
located in the Industrial District. The uses allowed in the Industrial District are set forth
in Article V, Section 5-2(h), which states in pertinent part" The following are permitted
uses in the industrial district: All uses permitted in the B-4 District, subsequent to all the
provisions specified for such use."
The B-4 District does not allow contractor's yard as a by right use;nor do the B-I and
R-3 Districts, which possess uses also allowable in the B-4 District under the SZO.
It would aappear that the Mongiello's use of the property is a non-conforming use as
defined in accordance with SZO Article VIII Section 8-3.
a
Mr. Hibbard's intention is to operate his business known as AAA Climbers, Inc. this
business use consists of(a) the manufacturing of wood chips, by grinding tree stumps;
(b) the manufacturing of lumber by cutting tree logs; (c) the storage of tree stumps and
logs received from retail and wholesale tree removal companies; (d) retail and
wholesale tree removal(e) retail and wholesale use of excavation equipment, and the
storage of said equipment and(f) the retail and wholesale sale of mulch, and
woodchips.
The use would in accordance with the SZO be a blend of"Retail-Wholesale Contractor
Supply Establishment" as set forth in B-5 District and that of"Agriculture" as set forth in
Article V 5-3(k). Neither of these uses is allowed in the Industrial District in accordance
with the SZO. As a result the proposed use would be considered a non-conforming use.
SZO Article IX Section 94(b) states in pertinent part "the board of appeals may
authorize the issuance of a special permit for a change[from an existing non-
conforming use)to another non-conforming use ........provided that the board finds
that the use as changed.......will not depart from the intent of this ordinance and its
prior use or degree of use....provided that such ....use is neither in volume nor area
unreasonably.
Under Article III entitled Establishment of Districts, " Industrial Districts are intended to
be those areas highly suitable for industrial use by reason of topography, accessibility,
and proximity to major transportation systems."
In examining the property and its surrounding uses clearly the type of use proposed by
Mr. Hibbard would be appropriate. As a result the proposed use would not depart if you
will from the intent of the SZO; ultimately this will be the necessary finding that must be
established by the board of appeals.
At this time, I respectfully request you review the comments I have made herein. As the
zoning administrator, on behalf of my client, I would request you render an opinion as to
whether the proposed use is allowable by right, prohibited or by special permit.
Should there be a need for further information please feel free to contact this office. Your
expeditious reply to this request will be genuinely appreciated.
Very t, 1 ,`lours.
a c� Simeone Jr., Esq.
cc: Daniel P. Hibbard, AAA Climber Inc.
Doti C•s;'o
995
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CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
STANLEY J. USOVICZ,JR.
MAYOR 120 WAM]INCroN STR iT•SALINI,MA-'ACIiusLTTs 01970
LYNN GOONIN DwC.AN,AICP TEL:978-745-9595• FAX:978-740-0404
DIRECTOR
September 1, 2004
Law Offices of Christopher M. Welch
C/O James L. Rogal
32 Church Street
Salem, MA 01970
RE: Denial of Sign Permit Application & Illegal Sign on Swampscott Road
Dear Mr. Rogal,
I regret to inform you that this department has denied the sign application that you
submitted for review on August 30, 2004, to erect an off-premise sign at 120
Swampscott Road. In accordance with Sec. 3-56 of the Salem Sign Ordinance, off-
premise signs are not permitted.
Furthermore, the off-premise sign located on the property of 120 Swampscott Road
was never reviewed nor approved by this department and is an illegal sign. Please
remove the sign within 14 days upon receipt of this letter, or we will forward this
matter to the Building Inspector who will enforce the penalties and fines under Sec
3.36, Sec 3.29, Sec. 3.57 of the Salem Sign Ordinance and 780 CMR Sec 3102.4 of the
Building State Code.
Should you have any questions regarding this matter please contact me directly at
(978) 745-9595 ext 311.
Sincerely,
Frank ormina
Planner/Conservation Agent
Cc: Thomas St. Pierre,Building Commissioner
Cc: Fred Hutchison, A&H Auto Exchange