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7-17 THOMAS CIRCLE - BUILDING INSPECTION I( � 7-17 17i0MAS CIRCLE i i Ill7tiCGtt� �� IlII � UPC 10330 No.153L . �r NA&7iN88.8N Certificate No: 1106-07 Building Permit No.: 1106-07 Commohwea:,h of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at ----------------------------------------------------- Dwelling Type 0007 THOMAS CIRCLEin the CITY OF SALEM - - - ---------------------- - - - - -------- ------ -- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(1) MODULAR HOME This permit is granted in confom¢ty with the Statutes and ordinances relating thereto,and expires __ unless sooner suspend dor revoked. Expiration Date Issued On: Wed May 21, 2008 ------------ -- -------------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ------------------------------------------------------------------------------ llwwHd ONICIlifia WHIVS do AID ur 3ADVA � b c V 0007 THOMAS CIRCLE 1106-07 GIS#: 11719 COMMONWEALTH OF MASSACHUSETTS Map: 08 Block: CITY OF SALEM Lor. 0022 Category: '.NewSingleFamilyHo Permit# 1106-07 BUILDING PERMIT Project# JS-2007-001788 Est. Cost: $98,684.00 Fee Charged: '$698.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: - New England Home,Inc. Lot Size(sq. ft.): 12287 Zoning B2 Owner: Anthony Tiro Units Gained:. Applicant: New England Home,Inc. Units Lost: AT: 0007 THOMAS CIRCLE Dig Safe#: ISSUED ON. 15-Jun-2007 AMENDED ON: EXPIRES ON. 15-Nov-2007 TO PERFORM THE FOLLOWING WORK: (1)MODULAR HOME, POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: ,/p -67 Meter: s Footings: Rough: / Rough: Rough:ep��Li Foundation: r Final: ,j=�J--bj��„(! Final: Final:O�jCjOG/J /� pl ',Rough Frame: �. d r 6�ey Fireplace/Chimney: D.P.W. Fire ' •_ Health r / Meter. i ttt///II' n House# Final: C r0�(L Water: Alarm: � / Sewer: Sprinklers THIS PERMIT MAYBE REVOKED BY THE CITY OF SALEM UPON V T O A F ITS RULES AND REGULATIONS. Signature Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007-002179 15-Jun-07 4503 $698.00 WW HIM:AnInspection is SWUM upw completion of work,please call Call_for Permit to Occup� 745-9595 Ext.385 GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. V 4' YSOYE AO vI� CITY OF SALEM BUILDING PERMIT �It �t/a T� ✓ ,S(3 vc K,ej ,'� l-�� a �(� ��/'/ S j/��8 • o /�ec.G fids ,r ` �p✓` . � Certificate No: 359-09 Building Permit No.: 359-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Pemvts This is to Certify that the RESIDENCE located at --------------------------------------------------- Dwelling Type I I THOMAS CIRCLEin the CITY OF SALEM - - - - - - - ----------------- --------- - - - - - - - ------------------ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(1 I THOMAS CIRCLE)jbh This permit is granted in conform ty with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date n,p,m y Issued On: Mon Sep 21,2009 } r -- GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. ------------------------------------------ ------------ - � 4.d ONDIT,1�� YSDVE AD Cfl rf[IV��p CITY OF SALEM BUILDING PERMIT 11 THOMAS CIRCLE 359-09 GIs0717 Map: 08 COMMONWEALTH OF MASSACHUSETTS Block. CITY OF SALEM Lot 0020 Category: r New Single Family Ho Permit# . 359-09 BUILDING PERMIT Project# JS-2009-000566 Est. Cost: $77,000.00 jFee Charged: $544.00 Balance Due: 00 PERMISSION IS HEREBY GRANTED TO: x [Const. Class: Contractor: License: Expires Use Group: .,. > Anthony Tiro C Lot Size(sq. ft.): 11932.8264 � '� -� II Zoning: B 'l Owner: TIRO ANTHONY Units Gained: '`Applicant: TIRO ANTHONY Units Lost: —IAT: 11 THOMAS CIRCLE I ISSUED ON. 24-Oct-2008 AMENDED ON. EXPIRES ON: 24-May-2009 TO PERFORM THE FOLLOWING WORK. NEW SINGLE FAMILY-FOUNDATION PERMIT 2092-08 POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: O� Excavation: Y Meter: Service: r / �.` Footings: y-� r (�N�( Rough: p V.—ugh. , - Rough: Foundation: 4-2 s? 00 "J Frame; Final: p mal: \, Final: Rough Fram /J'7 Fireplace/Chimney: D.P.W. Fire / Hca h lc - Insulation: l louse Oil: Hous e# Smoke: I Final: (s/ 9A$$e$snr Treasury: !!! Water: Alarm: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATI F Y OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2009-000666 24-Oct-03 5141 S544 00 Cali 110 Pe tl-R W JPi" GcoTMS©2008 Des Lauriers Municipal Solutions,Inc. �.CONDIT O " AV 4' �f YSOYE AO 1� CITY OF SALEM BUILDING PERMIT r� QEitp of 6atem, f agzatbuattz 13oarb of 2ppeat i ii ; u 31 A ( : 28 DECISION ON THE PETITION OF NONDAS LAGONAKIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7-17 THOMAS CIRCLE B2/R12 A hearing on this petition was held on August 23, 2000, with the following Board Members present: Nina Cohen, Chairman, Stephen Buczko, Stephen Harris, James Hacker and Richard Dionne. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner requesting Variances to lot width and area to allow four (4) new house lots and a Variance to allow the residential use in a small portion of the B-2 zone for the property located at 7-17 Thomas Circle. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. Petitioner represented by Joseph C. Correnti, Esq. seeks a variance to allow the property at 7-17 Thomas Circle to be developed into four single family homes. The proposed lots lack sufficient frontage on Thomas Circle, and they do not meet the required 15,000 s.f. in area. Additionally, since the property is bisected residential use on lots which contain land in a B-2 zone. 2. At the Zoning Board's request, petitioner sought approval of the subdivision plan from the Planning Board. Following a lengthily series of public meetings, such approval was granted unanimously on June 20, 2000. Planning Board requirements included installation of water and sewer service to the new development and improvements to the roadway to facilitate passage of existing and proposed traffic. The findings and decision of the Salem Planning Board with respect to this property are adopted and incorporated by reference herein. DECISION OF THE PETITION OF NONDAS LAGONAKIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7-17 THOMAS CIRCLE pagetwo 3. Each of the proposed lots would have an area of greater than 11,500 s.f. None of the proposed units would require dimensional variances, and all would provide adequate off-street parking for the single-family homes proposed. 4. Several neighbors opposed the granting of the requested variances on the grounds that traffic on Thomas Circle would be increased. The proposed development was also criticized because it might lower property values. Letters in opposition were received from John Adamo, 318 Highland Avenue, David Zizza, 310 Highland Avenue, Richard Williams, 3 Thomas Circle, and statements in opposition were given by Susan Howland, 3 Thomas Circle and Mr. Deschamps of Crosby Street. 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. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore;the Zoning Board of Appeal voted 3 in favor and 2 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED August 23, 2000 Nina Cohen, Chairman Board of Appeal N Co ir+ v .. r N 1 ' DECISION OF THE PETITION OF NONDAS LAGONAKIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7-17 THOMAS CIRCLE B2/R1 page three 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 the 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 20 days have passed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of Title. Board of Appeal 0 c� Z5 c rn co 9/18/00 cc: CITY SOLICITOR CBAIRPuxcnx OF APPEALS �s asn inn f st�v���-!�ner. P SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER ROBERT T. FORD 978-741-4683 September 15. 2000 VIA HAND DELIVERY 0 City Clerk' s Office City Hall 93 Washington Street _ Salem, Massachusetts 01970 Re: Lagonakis v. Cohen, et al T " w rn Dear Sir or Madam: 0 Enclosed for filing please find a Notice of Appeal of a Decision of the Salem Zoning Board of Appeal and a copy of a Complaint filed in the Superior �ourt�Dje rtment, Essex County Division, being Civil Action No. i cerel� jS �� s h C. Correnti JCC:dl Enclosures NOTICE OF APPEAL So, 0 OF A DECISION OF THE ZONING BOARD OF APPEAL FOR THE CITY OF SALEM BY WAY OF A COMPLAINT FILED IN THE SUPERIOR COURT J The Plaintiff named in the attached Complaint hereby gives' notice of his Appeal of the Decision of the Zoning Board of Appeal of the City of Salem entitled "Decision on the Petition of Nondas Lagonakis Requesting a Variance for the Property Located at 7-17 Thomas Circle B2/R1211, dated August 23 , 2000 and filed with the Salem City Clerk on August 31, 2000. Dated: September 15, 2000 JBOe C. Carr nti 551666 rafini, Serafini and Darling Federal Street Salem, Massachusetts 01970 (978) 744-0212 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Department of the Superior Court Civil Action No. : NONDAS LAGONAKIS, Plaintiff, ) V. ) NINA COHEN, as she is CHAIRPERSON, and ) RICHARD E. DIONNE, STEPHEN C. BUCZKO, ) STEPHEN HARRIS, JAMES B. HACKER ) and PAUL VALASKATGIS, AS THEY ARE ) MEMBERS OF THE ZONING BOARD OF APPEAL ) OF THE CITY OF SALEM, ) Defendants COMPLAINT 1. This is an appeal from a Decision by the Board of AppeaL�of the City of Salem, Massachusetts (hereinafter the "Boarit") wherein the Board exceeded its authority by denying the Variance Petition (hereinafter the "Petition") applied for by Nondas Lagonakis (hereinafter the "Petitioner") with reference to the property at 7-17 Thomas Circle, Salem, Massachusetts (hereinafter the "Site") owned by the Petitioner. The Decision exceeds the authority of the Board in that it is not factually based, but rather is based on legally untenable ground, is arbitrary and capricious in a manner contrary to the Salem Zoning Ordinance (hereinafter the "Ordinance") and Massachusetts General Laws Chapter 40A. Parties 2. The Plaintiff, Nondas Lagonakis, is a natural person with an address of 9 Bridge Street, Salem, Massachusetts 01970, and is the owner of the property located at 7-17 Thomas Circle, Salem, Massachusetts. 3 . The Defendant, Nina Cohen, is a Member of the Salem Zoning Board of Appeal and resides at 22 Chestnut Street, Salem, Massachusetts 01970. 1 4 . The Defendant, Richard E. Dionne is a Member of the Salem Zoning Board of Appeal and resides at 23 Gardner Street, Salem, Massachusetts 01970. 5. The Defendant, Stephen C. Buczko, is a Member of the Salem Zoning Board of Appeal and resides at 27 Surrey Road, Salem, Massachusetts 01970 . 6. The Defendant, Stephen R. Harris, is a Member of the Salem Zoning Board of Appeal and resides at 148 North Street, Salem, Massachusetts 01970: 7. The Defendant, James B. Hacker, is a Member of the Salem Zoning Board of Appeal and resides at 4 Mayflower Lane, Salem, Massachusetts 01970. 8. The Defendant, Paul Valaskatgis, is a Member of the Salem Zoning Board of Appeal and resides at 24 Gables Circle, Salem, Massachusetts 01970. Jurisdiction 9. This Court has jurisdiction to hear this matter pursuant to Massachusetts General Laws Chapter 40A, Section 17. Facts 10. On June 28, 2000, the Petitioner filed with the Board a Petition seeking Variances to allow the creation of four undersized residential house lots. The Petition lists Nondas Lagonakis as owner of the Site. A true copy of the Petition is attached hereto as Exhibit "A" . 11. The Petition which was filed on June 28, 2000 ("Second Petition") was identical to an earlier Petition ("First Petition") filed on August 25, 1999. The First Petition was withdrawn prior to opening the public hearing on the Second Petition. The necessity of filing the Second Petition occurred when over ten months had lapsed from the opening of the public hearing of the First Petition and, during that time, two Board of Appeal members had resigned their positions on the Board. The filing of the Second Petition with the accompanying requisite public notice was to allow for a full five member Board to be able to sit and hear the entire public 2 hearing on the Second Petition. 12. At the opening of the public hearing on the First Petition on October 20, 1999, the Board requested that the Petitioner bring its proposed plan for the creation of four new house lots to the Planning Board, so that issues such as adequacy of roadways and utilities could be addressed prior to the Board taking its vote. The Petitioner reluctantly agreed to the Board' s request and continued the matter for two months so as to allow time to prepare and file plans with the Planning Board. 13 . The Petitioner requested, by letter dated December 9, 1999, a copy of which is attached hereto as Exhibit "B" , that the Board again continue the hearing until the February, 2000 meeting, as extensive preparations for the Planning Board filing, as outlined in the letter, were necessary. 14 . The Petitioner appeared in public hearings before the Planning Board on April 6, 2000, April 24, 2000, May 4, 2000 and May 18, 2000, at which time a Decision was rendered granting the relief necessary to create the four residential lots. 15. The Planning Board voted eight in favor, none opposed (8-0) to unanimously grant the Petitioner's request, subject to the nine conditions listed in the four page Decision, a copy of which is attached hereto as Exhibit "C" . 16. During the four public hearings conducted by the Planning Board, issues such as utilities, road widening and traffic safety were addressed and discussed between the Board, the Petitioner, and the abutters who attended the hearings. 17. The Planning Board's Decision requires the Petitioner to do extensive work in widening the road, repaving the entire circle and installing highway guardrails, among other things. 18. Once the Planning Board Decision was filed with the City Clerk on June 15, 2000, the Petitioner prepared to return to the Board of Appeal to complete the public hearing,' which had been repeatedly continued. 19. Upon learning that at least one Board member who had sat during the opening of the hearing had since resigned from the Board, the Petitioner filed the Second Petition, so as to open 3 a new public hearing with a full five member Board. 20. On August 23 , 2000, the Petitioner withdrew the First Petition, and then immediately opened the public hearing for the Second Petition. After the Petitioner' s presentation and hearing, the Board voted three in favor, two opposed (3-2) to grant the Variances requested. Thus, failing to garner the necessary four votes, the Variances were denied. 21. On August 31, 2000, the Board filed its Decision dated August 23 , 2000 with the Salem City Clerk, a certified copy of which is attached hereto as Exhibit "D" . 22 . The Petitioner is the owner of the Site and is a person aggrieved by the Decision of the Board. The Decision of the Board exceeds its authority, is arbitrary and capricious, based on legally untenable grounds, and made in bad faith in that: a. The Board's vote fails to cite any reasons supporting its denial of the Variances requested. b. The Board failed to make the requisite findings of fact that the Variances failed to meet the statutory requirements of M.G.L. c. 40A. C. The Board members who voted in opposition to the granting of the Variances were sitting members on the First Petition who voted, on October 20, 1999, to send the Petitioner to the Planning Board for permitting prior to the Board of Appeal rendering its Decision. d. The Petitioner, after spending thousands of dollars in engineering, surveying and legal fees in preparing the Planning Board filing and attending four Planning Board hearings over several months ' time, returned to the Board of Appeal, as requested, with a unanimous Planning Board Decision, only to have the requested Variances summarily denied in a hearing that lasted not more than one hour, without any findings of fact made by the two dissenting members in support of their denial. e. The Petitioner presented evidence at the hearing demonstrating the special conditions affecting his land and how literal enforcement of the Ordinance would create a substantial hardship. Additionally, the Petitioner demonstrated that the desired relief, i.e. , the creation 4 of four single-family house lots, would fit in with the neighborhood without causing detriment to the public good. WHEREFORE, the Plaintiff prays that: 1. The Decision of the Board be annulled. 2. That he be awarded his costs. 3 . The Court grant such other relief as is just and equitable. PLAINTIFF, Nondas Lagonakis By his Attorney, Dated: September 15, 2000 o ep C. Correnti B O 551666 erafini, Serafini, Darling & Correnti, LLP 63 Federal Street Salem, Massachusetts 01970 (978) 744-0212 5 Cftp of 6alem, Aazzarbuattfs r A. JkarD of appeal �;3iG La P l� tiS DECISION OF THE PETITION OF NONDAS LAGONAKIS REEQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7-17 THOMAS CIRCLE B2/R1 A hearing on this petition was held September 15,1999 and continued until August 23, 2000 with the following Board Members were present: Nina Cohen Chairman, Stephen Buczko, Richard Dionne and Stephen Harris. 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. At the request of the petitioner's Attorney Joseph Correni, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for Variances to lot width and area to allow four (4) new house lots and a Variance to allow the residential use in a small portion of the B-2 zone for the property located at 7-17 Thomas Circle 62- R-1 GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE August 23, 2000 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 the Massachusetts General Laws 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 Massachusetts General Laws 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CITY OF SALEM • PLANNING BOARD REQUEST FOR REVIEW COMMENTS DATE: August 25, 2008 TO: BUILDING INSPECTOR ( ) CONSERVATION COMM ( ) CITY ENGINEER O FIRE PREVENTION ( ) BOARD OF HEALTH Attached please find the application referenced below. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance and/or to the Subdivision Regulations and MGL Chapter 41. We would appreciate your completing the form below and returning it to us. ( ) Preliminary Subdivision Plan ( ) Definitive Subdivision Plan ( ) Cluster Development O Planned Unit Development O Site Plan Review ( ) Business Park Development District ( ) Wireless Communication Facilities Special Permit O North River Canal Corridor Muted Use District Special Permit ( ) Wetlands& Flood Hazard District Special Permit (�_Waiver of Frontage-AMENDMENT] APPLICANT: ANTHONY TIRO PROJECT NAME AND ADDRESS: 7-17 THOMAS CIRCLE CONTACT PERSON: Scott Grover Esquire 978-745-8065 COMMENTS_DUE:To Amv Lash by September L-200 (Failure to comment within 35 days shall be deemed lack of opposition) O CONCUR WITH PROPOSAL(Explain on reverse side) O NEED MORE INFORMATION (Explain on reverse side) O CANNOT CONCUR WITH PROPOSAL(Explain on reverse side) ( )COMMENTS INCLUDED Reviewer's Signature Title Date 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 • TE[.:978.619.5685 FAx 978.740.0404 • www.sALEm.com m CITY OF SALEM Alt, PLANNING BOARD City of Salem Planning Board Will hold a public hearing at the request of ANTHONY TIRO for an amendment of the Planning Board's Waiver of Frontage approval dated May 18, 2000, which allows for four new homes at 7-17 THOMAS CIRCLE (Map 8, Lots 20, 21, 22, & 168). The proposed amendment is to retain the existing rock boulders along the roadway rather than install a guard rail. Said hearing will be held on Thursday, September 4, 2008 at 7:00 PM, in Room 313, Third Floor at 120 Washington Street. A copy of the request as well as the original application, decisions, and approved plans are on file and available for review at the Salem Department of Planning & Community Development, located on the Thirds Floor of 120 Washington Street. C� 4 Q4y-Q iACC Charles Puleo Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSHTTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 . www SALEM.COM Mr. Anthony V. Tiro RECEIVED 9 Gianna Drive AUG 1 5 2008 Saugus, MA 01906 (617) 212-8080 DEPT. OF PLANN#NG& CONV."W TY OEVELOMENT August 13, 2008 To: City of Salem —Department of Planning and Community Development Lynn Goonin Duncan, AICD Director As you know I inherited the current plan regarding the Thomas Circle project (four units) I have been developing. This plan indicates a guard rail to be installed down the street. I canvassed the residents of Thomas Circle and a vast majority expressed a desire to retain the existing rock wall that lines the street. I also met with two companies that install guard rails. Both indicated that there is not enough existing road way, due to the terrain of the street, to safely install a guard rail support system. Their suggestion is to further narrow the current street even more than it is to properly install the guard rail. This would make the road exceedingly narrow for the residents. I present for your consideration an amendment to the existing plan to retain the existing rock wall and eliminate the guard rail as currently indicated. Please contact me at the above telephone number should you have any questions. Yours truly, C � Anthony V. Tiro U MEMORANDUM OF UNDERSTANDING The parties to this Memorandum of Understanding are the City of Salem, acting by and through its Mayor(hereinafter"City") and Anthony V.Tiro, his successors and assigns (hereinafter"Owner"),owner of the property which is the subject of this Memorandum of Understanding, and which is further described in Land Court Certificate Number 78478, filed with the land registration office of the Essex South District Registry of Deeds. The parties agree as follows: I. This Memorandum of Understanding replaces a Memorandum of Understanding by and between the City and Nondas Lagonakis, dated June 24, 2003,that was trade a part of the settlement agreement of Superior Court Civil Action No. ESCV2000-10674-D. The Owner is successor in title to the property described above. 2. The Owner, at his expense and with prior written permission of the property owners, shall connect the properties located at 2 Thomas Circle and 310 Highland Avenue to the new water main that will be installed (replacing the existing"spider lines"). The Owner shall make the connections to the gate valves, also identified as the water shut off valves(WSO)on the Utilities Plan drawn by Patrowicz Engineering dated February 7, 2000 and revised June 27, 2006. However, if the water shut: off valves are not able to be located,then the Owner shall bring the new water lines to the property lines of 2 Thomas Circle and 310 Highland Avenue and install new water shut off valves. The City shall waive the permit connection fee for this work. The Owner shall also install said water line up to 5 Thomas Circle so that owner of this lot may tic into the water line at that landowner's expense.The Owner shall take all necessary steps to minimize the disruption of water service to the existing homes. Also, the Owner will construct a sewer line across the Owner's property to the easternmost property line of the owner as shown on the Patrowicz plan solely at the Owner's cost. 3. That the Owner cooperate with City and Utility officials in an effort so that at least one of the utility poles being installed on the northwestern, outer perimeter include a street light that matches those currently existing on Thomas Circle, if this is possible. 4. That every effort be made to permit unimpeded access for vehicles during construction. Should unimpeded access not be possible due to construction residents shall be provided with 1)advance notice of the times when access will be impaired and 2) the mobile phone number of the supervising,contractor on site and 3)the Owner will provide residents alternative parking in the neighborhood if needed during construction. Access for residents shall not be impeded before 9:40 a.m. or after 4:00 p.m. Residents shall be informed of any problems that arise during wrtstruction(i.e. water line breaks, traffic issues, etc.). 5. That any landscaping damage to resident's property be corrected no later than the final phase of the project. 6. Susan M. Howland seeks to convey to the City of Salem for consideration of $1.00 a parcel of land shown as proposed access easement area+/- 176 s.f. on a plan of land on file with the Registered Land Department of Essex South District Registry of Deeds registered as Plan Number 11802-58. The Owner agrees to pay for the cost to prepare and record any plans and deeds necessary to complete the transfer of said parcel. The transfer of said parcel is subject to City Council approval. All terms and conditions of the July 24, 2006 decision of the Planning Board, and any amendments thereto, shall remain in force and effect and ar,.q, mpos4 ed by reference in this memorandum, r City of Salem, By is Mayor Anthony V. Tir Dated this f day of : ,2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: t,Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Scott Patrowicz Patrowicz Land Development Engineering use the return a. First Name b. Last Name c.Company key. 10 Derby Sq, 4th Floor d.Mailing Address °Q Salem MA 01970 e.City/Town I.State g.Zip Cade M 4. Property Owner (if different from applicant): Nondas Lagonakis Crete LLC a. First Name b.Last Name c.Company 9 Bridge Street d.Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code 5. Project Location: 7-17 Thomas Circle, Ravenna Ave Rear, 320 Salem Highland Avenue b.City/Town MAP 8 LOTS 8, 20, 102 c.Assessors Map/Plat Number d.ParceVLot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex 11802-E a.County b.Certificate(if registered land) c. Book d.Page 5/13/05 7/14/05 7/14/05 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Cross-country Sewer Line at 7-17 Thomas Circle, Ravenna Avenue Rear, and 320 Highland Avenue Patrowicz Land Development Engineering Scott Ian Patrowicz b. Prepared By c.Signed and Stamped by 5/12/05 1" =20' d. Final Revision Date e. Scale , I.Additional Plan or Document Title g. Date wpalarnisdw• rev,W M5 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet Is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary Is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 63 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linearfeet b.linearfeet c.linearfeet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu yd dredged f.cu yd dredged wyaf0m15.d0c• rev.311/05 Page 2 of 9 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet ii cubic feet f.cubic feet 9. ® Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square—feet d. square feet e.square feet i.square feet 2250 2250 Sq It between 100-200 It g,square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. El Coastal Beaches a.square feet b.square feet c.cN nourishmt. d.c/y nourishmt. 14. E] Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.cty nourishmt 15. ❑ Coastal Banks a.linear feet b.linear teat 16. ❑ Rocky Intertidal Shores a.square teat b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 19. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 1g. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage asq . uare feet b.square feet wpalorm5.oac• rev.3/1/05 Page 3 o19 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEPT "File Number #64-397 " v afom&dm• rev.311/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached space for additional conditions, select box to attach a text document nalormS. rx,, rev.X1/06 Pape 5o19 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ wpafonr&A • rev.311105 Pace 6 of 9 Massachusetts Department of Environmental Protection L71 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7/14/05 condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form: 6 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protectio Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ` O o Acknowledgement Commonwealth of Massachusetts County of Erb /SIM Tv�7 �vos On this Day of Month Year Before me, the undersigned Notary Public, S���lysewr�►e. OCMs �l c�p4g personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were /emend'/. /ew f.J description o e dence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of city/rows SlJc..� Conservation Commission FRANKTAORMINA 1 Nocofflitto tary'p My Commission Expires vxdw z --- . April 27,2012 Sig tura of Notaryublic -- Printed Name o Notary Public Place notary seal and/or any stamp above y �Z My Commiation E fires(Date) This Order is issued to the applicant as follows: by hand delive7 on bycertified giail, return receipt requested,on Date Date wyalomSAo • rev.311/05 Pape 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions ff64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpalcm5.doo• rev.311/05 Pape 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registrys Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 7-17 Thomas Circle, 320 Highland Avenue, & #64-397 Ravenna Avenue Rear DEP File Number Has been recorded at the Registry of Deeds of: Essex South District County Book Page for: Crete LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: July 14 , 2005 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: 461063 on Certificate of Title No. 78478 Document Number Signature of Applicant wpaform5.dx• rev.311/05 Page 9 of 9 Attachment to Order of Conditions # 64-397 Page rof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-397 7-17 Thomas Circle,320 Highland Avenue, and Rear Ravenna Avenue City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage &Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. This Order permits the construction of a cross-country sewer line to connect to an existing municipal cross-country sewer line. All work performed within the Buffer Zone and within the Riverfront Area will be done within an existing sewer easement on property owned by the City of Salem,the Salem Conservation Commission and Thomas Circle Realty Trust located at 320 Highland Avenue,Rear Ravenna Avenue,and 7-17 Thomas Circle. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property; and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1—34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-397, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. The term"Applicant"as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. Attachment to Order of Conditions # 64-397 Page?,of 5 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 8. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131,Section 40, the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Plan for a Proposed Cross-Country Sewer Line at 7-17 Thomas Circle, Rear Ravenna Ave, and 320 Highland Avenue Title April 28, 2005 Dated Scott Ian Patrowicz Signed and Stamped by City of Salem Conservation Commission On file with 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend Attachment to Order of Conditions # 64397 Page Sof 5 this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a PRE-CONSTRUCTION MEETING between the project supervisor, the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. Attachment to Order of Conditions # 64397 Page 4of 5 27. Within thirty (30)days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps, slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions # 64-397 Page Sof (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings, septic system components,wells, utility lines, fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. The applicant shall clear at 15-foot wide path along the municipal sewer easement on an up-gradient bias the length of the easement from the sewer connection point, south to Highland Avenue. All vegetation cut shall be chipper and level spread within the 15-foot wide sewer easement area. o , Citp of fpaiem, 4Ra!5gacbugettt Manning Noarb (One ibalem Oreen Decision May 18, 2000 _ Ln Nondas Lagonakis D r, c/o Atty. Joseph Correnti R' Serafini, Serafini, Darling, and Correnti 63 Federal Street Salem, MA 01970 RE: Decision for Thomas Circle—Waiver From Frontage Dear Atty. Correnti: A Public Hearing on this petition was opened on April 6,2000 and continued to April 24, 2000 May 4,2000, and May 18,2000. At a regularly scheduled meeting of the Planning Board held on May 18,2000, with the following Board members present: Walter B.Power III,Bill Luster, John Moustakis,Lee Harrington,David Weiner,Bill Cullen, Gene Collins,and Chuck Puleo Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. The petitioner, owner of the property,is requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R,to allow the property located at 7-17 Thomas Circle to be subdivided into four lots. This section states that"A Planning Board may in any particular case,where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law,waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...:' The waiver from frontage is being granted for the property located at 7-17 Thomas Circle upon the findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext. 311 Fax (978) 740-0404 Thomas Circle May 18, 2000 - 2 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise,to the petitioner; 3. Petitioner shall comply with all conditions of the Board of Appeals Decision: and Therefore,the Planning Board voted by a vote of eight(8) in favor,none(0) opposed,to grant the waiver from frontage requirements for 7-17 Thomas Circle,subject to the following conditions: 1. Conformance with the Plan Work shall conform to the set of plans containing sheets 1 through 4,entitled,"Plan of Land for site located at 7-17 Thomas Circle, Salem,Massachusetts",prepared by Patrowicz Land Development Engineering, 60 Washington Street, Salem,MA, dated February 7,2000, and revised March 10,2000, April 5,2000 and June 15, 2000. 2. Utilities a. The water line proposed to be constructed in Thomas Circle,which was proposed to end at Lot#3 shall be extended,beyond Lot#4,to the property line of the parcel located at 3 Thomas Circle. Such extension is for the benefit of the abutting owner of 3 Thomas Circle. The cost of extending the water line from the property line of Lot#3 to the property line of 3 Thomas Circle shall be born equally by both the developer and the owner of 3 Thomas Circle. The cost of the extension shall be based on the RH Means Cost Estimator. Should the owner of 3 Thomas Circle decide not to participate financially in such water line extension as described above,then the applicant is not obliged to conduct such work. b. The sewer easement located to the rear of the lots shall be extended to the eastern most property line of Lot#4 for the benefit of the owner of 3 Thomas Circle. The developer shall choose the exact location of the easement across its property. 6 c. Utility installation shall be reviewed and approved by the City Engineer. d. All utilities shall be installed underground L!i CA T C r 3. Fire Department A The applicant shall comply with all requirements of the Salem Fire Department c� m-r 4. Building Inspector The applicant shall comply with all requirements of the City of Salem Building Inspector. 5. Thomas Circle a. Thomas Circle must be overlayed with asphalt in its entirety. b. The City Electrician shall receive a determination as to whether a street light is required to be installed on Thomas Circle prior to the issuance of the first building permit. If it is determined by the City Electrician that a street light is required,the applicant,his successors Thomas Circle May 18, 2000 - 3 • or assign shall install a street light on Thomas Circle in the location designated by the City Electrician. c. Thomas Circle shall be widened so that it is no less than 18 feet in width at the location of retaining wall A,which is located adjacent to 310 Highland Avenue. d. A striping plan for Thomas Circle shall be submitted to the Engineering Department for their review and approval prior to the issuance of the first building permit. e. A detail of the guard rail to be installed on Thomas Circle shall be provided to the City Planner prior to the issuance of a street opening permit. £ The applicant shall work in good faith in assisting the City in obtaining an easement for the portion of land located on 3 Thomas Circle which has been utilized as roadway. However, should an easement not be obtained, the applicant shall proceed with the pans and conditions as listed herein. - r 6. Construction Practices All construction shall be carried out in accordance with the following conditions: 3 y a. No work shall commence before 8:00 AM on weekdays and Saturdays. No work `s I U continue beyond 5:00 PM. There shall be no work conducted on Sundays or holidays. Inside work of a quite nature may be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. c. Drilling and blasting shall be limited to Monday—Friday between 8:00 AM and 5:00 PM. There shall be no drilling or blasting on Saturday, Sundays, or holidays. d. All construction shall be carried out in accordance with the Rules and Regulations of the Planning Board,and in accordance with any and all rules, regulations, and ordinances of the City of Salem. e. The applicant shall conduct street sweeping on Thomas Circle, as deemed necessary by the City Planner. f. All construction vehicles left overnight at the site, must be located completely on the site and not on Thomas Circle. g. The applicant shall provide a plan to the City Planner for his approval which illustrates how Thomas Circle will be open to the public for safe travel at all times. The plan must be provided prior to the issuance of a street opening permit. Thomas Circle May 18, 2000 -4 7. As-built Plans As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be submitted to the Planning Department and Engineering Department. 8. Clerk of the Works The City's Clerk of the Works shall be on site during construction, as deemed necessary by the City Planner. The cost for this service shall be home by the applicant, his successors or assigns. 9. Violations Violation of any condition contained within this decision may result in revocation of this permit by the Planning Board. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20)days have elapsed and no appeal has been filed or that is such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record or is recorded on the owner's Certificate of Title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is on file with the Planning Board. Walter B. Power, III Chairman N 0 o -- c w o- !r , CITY OF SALEM PLANNING BOARD Waiver From Frontage Decision — Amendment 7-17 Thomas Circle July 24, 2006 Tony Tiro Tiro Development & Construction < 9 Gianna Drive c Saugus,MA 01906 N t C9 o,, RE: Waiver From Frontage—Amendment to Site Plan 7-17 Thomas Circle C), On Thursday, July 20, 2006,the Planning Board of the City of Salem opened a Public Hearing regarding the application of Tony Tiro,Tiro Development&Construction, 9 Gianna Drive, Saugus, MA to amendment to an earlier approved Waiver From Frontage Decision dated May 18, 2000. The amendment seeks to amend the previously approved site plan entitled"Plan of Land for a site at 7-17 Thomas Circle,Salem Massachusetts", dated June 15, 2000, to allow the installation of a water line in the Thomas Circle right of way from Highland Avenue, and to install one (1) to two (2) above ground utility poles, rather than have the utilities installed underground The Public Hearing opened on July 20, 2006 and closed on July 20, 2006. At a regularly scheduled meeting of the Planning Board held on July 20, 2006, the Board voted by a vote of nine (9) in favor(Power, Moustakis, Collins, Kavanagh, Durand, Puleo, Lombardini, Sullivan, Ready), and none (0) opposed, to approve the amendment to the site plan, subject to the following conditions: 1. Conformance with the Plan Work shall conform with the revised plan entitled, "Utilities Plan for a site located at 7- 17 Thomas Circle, Salem, Massachusetts", prepared by Patrowicz Land Development Engineering, dated February 7, 2000 and revised June 27, 2006. 2. Previous Decision All conditions of the original decision dated may 18, 2000 and not expressly amended by this decision, shall remain in effect and be incorporated into this decision. 3. Amendments Any amendments to the site pian shall be reviewed by the City Planner and if deemed 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALENIXONI necessary by the City Planner, shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. 4. Conservation Commission All work shall comply with the Order of Conditions issued by the Salem Conservation Commission. 5. Construction Practices All construction shall be carried out in accordance with the following conditions: a. The operation of tools or equipment used in construction or demolition work shall occur in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting and between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall take place on Sundays or holidays. The Planning Board will agree to changes in the starting time, at the request of the applicant and if approved by a formal vote of the City Council, as per the ordinance. b. Any blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving shall occur in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays, Sundays, or holidays. c. Blasting shall be undertaken in accordance with all local and state regulations. d. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they exit the site. f. The applicant shall abide by any and all applicable rules, regulations and ordinances of the City of Salem. g. All construction vehicles and equipment left overnight at the site must be located completely on the site. h. No Street shall be closed without prior approval of the Department of Planning and Community Development, unless deemed an emergency by the Salem Police Department. 6. Clerk of the Works A Clerk of the Works shall be provided by the City, at the applicant, his successors or assigns' expense, as is deemed necessary by the City Planner. z 7. Health Department All work shall comply with the requirements of the Salem Health Department, if applicable. 8. Office of the City Engineer All work shall comply with the requirements of the office of the City Engineer. 4. Fire Department All work shall comply with the requirements of the Salem Fire Department. 10. Office of the Building Commissioner All work shall comply with the requirements of the office of the Building Commissioner. 10. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering. Walter B Power, III Chairman